Purchasing Bid Instructions & Conditions
All bids are due by 2 PM on the date indicated in the table titled SCUSD Bid / RFP Announcements.
No bids will be considered unless submitted upon the forms provided by the Sacramento City Unified School District. All bidders shall be responsible for familiarizing themselves with the conditions and requirements of bidding prior to submitting a bid.
Name of Company
Bidders shall specify the name or legal entity of their company and/or any fictitious name under which business is conducted. Bids must be submitted under the correct name of the company and signed by an authorized representative of the firm.
Assignment of Purchase Order
Suppliers, may not assign or transfer, by operation of law or otherwise, any or all of their rights, burdens, duties, or obligations to the district without the prior written consent of the Director of Purchasing Services, Sacramento City Unified School District.
All bid prices shall be submitted in duplicate and shall include separate quotations for each item or unit specified. Prices must be typewritten or in ink, and no takes shall be included in the prices quoted. Prior to bid opening, corrections may be inserted; however , changes must be initiated, in ink, by the person signing the bid or by his authorized representative. In any cases in which the total bid does not equal the unit prices time the quantities indicated, unit prices shall govern.
Any State of California sales tax payable on the sale of articles furnished, shall be added to the price bid. Any federal tax payable on articles furnished by the successful bidder which may be legally added to the price bid and from the payment of which the Sacramento City Unified School District is not exempt will be paid by the District.
Whenever brand names or numbers are cited by the School District in an invitation to bid, the brands are listed only as an indication of the standards of quality and utility desired. Bidders may propose any brand equal in quality or utility to that cited; however, whenever possible, bidders shall indicate specific brand names and stock numbers in their bids. Bids are to be based on the brand names and numbers cited, and no substitutions will be accepted without prior approval of the Director of Purchasing Services. In the event that brand names cannot be specified, bidders will indicate the quality and list the specifications of the materials proposed.
Unless specifically requested in the invitation to bid, samples will not be required for bids on standard items. If, however, a bidder proposes t furnish a brand other than a standard item cited in an invitation to bid, a sample of the proposed merchandise must be provided. In addition, samples must be submitted for all bids on other than stand brands. Any bidder failing to submit samples as requested will have his bid rejected. Bid proposals and samples should be mailed separately and each sample should be marked to indicate:
- The name of the bidder.
- The Bid proposal and number of the item for which the sample is submitted.
- The number of the sample (if more than one is submitted).
- The date of bid opening.
In every instance, samples must be provided without cost to the district and must be exact item which the bidder proposes to furnish. In the event that it becomes necessary to obtain a laboratory test of an item and the test reveals that the sample does not meet established specifications, the cost if the test shall be borne by the bidder. Samples of successful bidders will be retained for future reference; however, upon request, the samples of unsuccessful bidders will be returned to them at their expense. If the bidders do not request the return of their samples within ten days after the bid opening, the samples will become the property of the school district.
Quantity and Quality of Materials or Services
All goods or services furnished must meet the specifications prescribed by the district. Materials which do not meet specifications or equal the quality of the sample provided shall be rejected. Slight variations in delivered quantities will be accepted if the difference between the amount ordered and the amount delivered does not exceed five percent. Pay adjustments for variations in delivered quantities will be based upon unit prices.
American Made Materials
In compliance with Sections 4300 to 4305 of the California Government Code, only materials produced or manufactured in the United States will be procured by the School District, except for those which fall within the purview of Sections 4301, 4302 and 4303.5. In compliance with Code Sections 4330 to 4334 inclusive California products shall receive preference over materials made elsewhere. If a bidder is proposing an article of foreign make, the fact must be stated in his bid.
Acceptance or Rejection of Bids
The Board of Education reserves the right to reject any or all bids for any or all items or to waive any irregularities in the bid or bidding. The determination of the board as to what constitutes an irregularity shall be final and conclusive, and no advertised contract shall be awarded except with the approval of the Board of Education. Unless otherwise stipulated, bids shall remain valid and subject to acceptance for thirty days after the bid opening date. In general, the Board of Education will accept the low bid or lowest combination of bids meeting specifications. A Purchase Order when issued will constitute a contract. Continuing contract(s) for services and supplies may be entered into as provided in compliance with Section No. 15955 of the California Education Code.
Unless otherwise specified, suppliers shall be responsible for delivery and shall pay all costs of delivery (including packing, drayage, freight, and unloading) to the district warehouse or other points specified. Each item must be securely and properly packaged and clearly marked as to contents. All shipments shall be accompanied by a packing slip; and where practicable, the district purchase order shall appear on the cases and packages. If any items are not delivered within a reasonable period or if any contractor delivers items which do not conform, either in whole or in part, and enter into a new contract or contracts for the items in question. Any additional costs or expenses incurred because of the failure of the contractor shall be borne by him.
Default by Supplier
The district shall hold the supplier liable and responsible for all damages which may be sustained because of his failure to comply with any conditions herein. If the supplier fails to furnish or deliver any materials, supplies, or services at the prices named or at the times and places stated or otherwise fails to comply with the terms of the purchase order, the district may, upon written notice, cancel the purchase order in its entirety or cancel or recind any or all items affected by such default. In such cases, the district may, regardless of whether or not the purchase order has been cancelled, purchase the materials, supplies, or services elsewhere, without notice to the supplier. Any extra costs incurred by such defaults may be collected by the district from the supplier.
Force Majeure Clause
The parties to the purchase order shall be excused from performance during the time and to the extent that they are prevented from obtaining, delivering or performing by act of God, fire, strike, loss, shortage of transportation facilities, walkout, or commandeering of materials, products, plants, or facilities by the government provided that the nonperformance is not due to the fault or neglect of the supplier. In such cases, however, satisfactory evidence thereof must be presented.
Hold Harmless Clause
The supplier shall hold harmless and indemnify the school district and the Board of Education, officers, and employees from every claim or demand which may be made by the reason of:
- Any injury to person or properties sustained by the supplier or by a person, firm or corporation employed directly or indirectly by him, in connection with his performance under the purchase order.
- Any injury to person or property sustained by any person, firm or corporation caused by any act, neglect, default, or omission of the supplier or of any person, firm or corporation, directly or indirectly employed by him in connection with his performance under the purchase order.
- Any liability that may arise from the furnishing of the use of any copyrighted or uncopyrighted composition, secret process, or patented, or unpatented invention in connection with his performance under the purchase order.
The supplier, at his own risk and expense, shall defend any legal proceedings or claim that may be brought against the Board of Education or the district, its officers, and employees. The supplier will also satisfy any judgment that may be rendered against the district, its officers or employees for injuries or damages sustained in connection with his performance under the purchase order.
The supplier shall maintain adequate insurance to protect him form claims under Workmen’s Compensation Acts and from claims for damages or personal injury, including death and damage to property which may arise from operations under the purchase order. The supplier may be required to file certificate of such insurance with the district.
Invoices and Payments
Unless otherwise specified, suppliers shall render invoices in duplicate for materials delivered or service performed. Invoices shall be submitted under the same firm name as shown in the purchase order. Any taxes payable by the district shall be listed separately ad the supplier shall certify on his invoices that federal excise taxes are not included in the prices listed thereon.
All cash discounts shall be taken and computed from the date of delivery or the date of the receipt of the invoices, whichever is the later.
Permits and Licenses
The supplier and all of his employees or agents shall secure and maintain in force such licenses and permits as are required by the law in connection with the furnishing of materials, articles, or services listed herein. All operations and materials shall be in accordance with the requirements of the law.
If it is necessary that the district place long distance telephone calls in connection with the purchase order (for complaints, adjustments, shortages, failure to deliver, etc.) the supplier shall accept charges for these calls on a reverse charge basis.
Bidders can obtain the bid package(s) at Sacramento City Unified School District, Contracts Office, Purchasing Services Department, 3051 Redding Avenue, Sacramento, CA 95820 or call the contact person and the bid package will be mailed to you.