This is an Invitation for Bids (IFB) from the Commonwealth of Pennsylvania for the procurement of supplies and services. Bids must be submitted electronically through the Commonwealth's e-marketplace system. The award will be made to the lowest responsive and responsible bidder. The contract will include standard terms and conditions covering delivery, payment, warranty, and compliance with laws. Specific clauses address nondiscrimination, contractor integrity, data breach notification, and hazardous substances. Bidders are responsible for checking the e-marketplace for any addenda. Questions regarding the IFB should be submitted in writing to the issuing officer.
The bid notice states that all items shall be delivered f. o. b. destination and that the contractor agrees to bear the risk of loss, injury, or destruction of the items ordered prior to receipt of the items by the Commonwealth. Unless otherwise stated in the contract, all items must be delivered within thirty 30 days after the effective date. Time is of the essence and, in addition to any other remedies, the contract is subject to termination for failure to deliver as specified.
The bid notice states that the Commonwealth shall put forth reasonable efforts to make payment by the required payment date, which is the date on which payment is due under the terms of the contract, or thirty 30 days after a proper invoice actually is received at the bill to address if a date on which payment is due is not specified in the contract. Payment may be delayed if the payment amount on an invoice is not based upon the prices as stated in the contract. The Commonwealth may pay interest if payment is not made within fifteen 15 days after the required payment date. The Commonwealth also has the option of using a purchasing card for purchases.
The bid notice states that the contractor warrants that all items furnished and all services performed by the contractor, its agents and subcontractors shall be free and clear of any defects in workmanship or materials. Unless otherwise stated in the contract, all items are warranted for a period of one year following delivery by the contractor and acceptance by the Commonwealth. The contractor shall repair, replace or otherwise correct any problem with the delivered item.
The bid notice states that it is the intent of the Commonwealth to make a single award of items listed in the IFB to the lowest responsive and responsible bidder. The Commonwealth reserves the right to award by line item if it determines that it is in the best interest of the Commonwealth to do so.
The bid notice states that to be eligible for selection, a bid must be timely received from a bidder and properly signed by the bidder.
The bid notice states that if the lowest responsible bidder withdraws its bid prior to the expiration of the award period or fails to comply with the requirements set forth in the IFB, the bidder shall be liable to the Commonwealth for all costs and damages associated with the reaward or rebid including the difference between the bidders price and the actual cost that the Commonwealth pays for the awarded items.
The bid notice states that in the event of a controversy or claim arising from the contract, the contractor must, within six months after the cause of action accrues, file a written claim with the contracting officer for a determination. If the contractor fails to file a claim or files an untimely claim, the contractor is deemed to have waived its right to assert a claim in any forum.
