Purchasing Policies of Yuma International Airport
Instruction to Bidders
1. Proposal/Bid Interpretation: Any explanation desired by a bidder regarding the meaning or interpretation of the INVITATION, DRAWINGS, SPECIFICATIONS, etc. must be requested in writing to the Airport Finance Director, 2191 E. 32nd Street, Ste 218, Yuma, AZ 85365. Correspondence shall be submitted with sufficient time allowed for evaluation and response to all prospective bidders before the submission of their bids. The bid invitation number must appear on all correspondence, inquiries, etc. pertaining to the invitation. Oral explanations or instructions given before the award of the contract are not binding and do not form a part of or alter in any way, the written agreement.
2. Specifications: The specifications herein shall be the basis of comparison and where a definite item is specified it is not the intention to discriminate against any product made by another manufacturer, but rather, the intention to set a definite standard, style and function. Bidders are required to quote equipment that will meet or exceed the minimum or maximum specifications herein.
3. Substitutions: It is the intention of the Airport to purchase equipment similar or equal to that specified. Variation from the specification must be noted in bid by bidder. Absence of noted variations will be interpreted to mean that the item quoted is in exact accordance with the specification. Each bidder, if not bidding on specified equipment, is required to furnish with his bid, a complete detailed description and specifications of each item upon which he is bidding, supported by the manufacturer’s catalog, photographs, guarantee, complete name and any other pertinent information. An “or equal” item must reflect the general appearance, design, dimensions, or color of the item specified. SAMPLES, if required, shall be furnished free of expense to the Airport and if not used or destroyed in examination and testing will be returned to the bidder, if requested, at the bidder’s expense. Each sample must be marked with Bidder’s name and address and Bid Number reference. Approval of substitute or equal item remains with the Airport and in all cases is final.??
4. Materials: The bidder certifies all materials and equipment supplied resulting from this bid invitation shall be new and unused, unless noted elsewhere in the invitation.
5. Corrections, Additions or Deletions: To any portion of the invitation will be in the form of a written amendment or addendum.
6. Bid Items: Bidders are expected to examine all specifications, drawing, standard provisions and instructions. FAILURE to do so will be at the bidder’s risk. Bids are to be submitted on each item and total extended, however more than one bid may be submitted on products meeting the specifications.
7. Taxes: All quotations are to be submitted less Federal Excise and State Sales Taxes. Tax exemption certificates will be executed upon request. The Airport’s federal tax identification number is 86-0204197.
8. Authorized Signature: Bids must show vendor name and address and be manually signed. Person signing bid must have authority to bind his firm in a contract. Any erasures or other changes must be initialed by the person signing the offer.
9. Modification or Withdrawal of Bids: Bid pricing CANNOT be altered or amended after the closing time. Bids may be modified or withdrawn prior to the closing hour and date by written or telegraphic notice to the Airport Finance Director. A bid may also be withdrawn in person by a bidder or his authorized agent, provided his identity is made known and he signs a receipt for the bid. No bid may be withdrawn after the closing time and date without acceptable reason in writing and with approval of the Airport Finance Director.
10. Prices: Bidder is to quote its lowest and best price F.O.B. destination on each item to the Airport unless otherwise specified in the invitation. Pricing shall include packaging, transportation, unloading, and any trade and cash discounts will be taken if earned. Bids must be firm, however if a bidder believes it necessary to base its price on price adjustment, such a bid may be considered, but only as an alternate bid. Pricing is to be submitted on units of quantity specified with extended totals, however in the event of a discrepancy in extension, the unit prices shall govern. Pricing shall be entered on the bid sheet in ink or typewritten.
11. Delivery Date: Bid must show the number of calendar days required to place the materials at the place of destination under normal conditions. Failure to specify delivery date or state unrealistically short or long delivery dates may cause the bid to be disregarded.
12. Default in Delivery: The vendor must keep the Airport Finance Director advised at all times as to the status of the order. When delivery delay can be foreseen, the vendor shall give prior notice to the Airport Finance Director who shall have the right to extend the delivery date if reasons for delay are reasonable and acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications without remedy shall cause the Airport to purchase the goods elsewhere, and charge any increase in cost and handling to the defaulting vendor. This does not limit any other remedies to the Airport for damage entitled under the Uniform Commercial Code.
13. Delivery Times: Deliveries will be accepted only during normal working hours, ie; 8:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 5:00 p.m., Monday thru Friday, unless prior arrangements have been made. For large orders 24 hours notice to the Airport Finance Director or the Maintenance Director is required to eliminate delays in delivery.
14. Evaluation Factors: The Airport will award purchase orders and/or contracts to the lowest and best responsible bidder which represents the most advantageous bid to the Airport, price and other factors considered. In determining the most advantageous bid or proposal, price, quantifiable factors, and other factors are considered. This would include specifications, delivery requirements, the initial purchase price, life expectancy, cost of maintenance and operation over time, operating efficiency, training requirements, disposal value, and other factors contributing to the product warranty, a bidders proposed service, ability to supply and provide service, delivery to required schedules, past performances in other contracts with the Airport including timely delivery. Airport reserves the right to extend any contract when most advantageous to the Airport. NOTE: Other evaluation and award criteria may be included in the invitation documents.
15. Partial Award: Bidders may furnish pricing for all or any portion of the bid invitation. UNLESS bidder specifies otherwise in his bid, the Airport may award contracts for any item or group of items listed.
16. Reservations: The Airport expressly reserves the right to accept, reject or cancel any and all bids AND:
a. Waive any defect, irregularity or informality in any bid or bidding procedure;
b. Extend the bid closing time and date.
c. Reissue a bid invitation or proposal.
d. Procure any item by other means;
e. Increase or decrease the quantity specified, unless the bidder specifies otherwise;
f. Waive as an informality, minor deviations from specifications at a lower price than the low bid meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and overall function is improved or not impaired;
g. Consider and accept an alternate bid as provided herein when most advantageous to the Airport.
h. Extend any contract when most advantageous to the Airport.
17. Submission of Bids: Sealed bids are to be returned by the closing time and date stated on the bid invitation cover sheet in the following manner by one of the following delivery methods. Bids are to be delivered in an envelope (except by fax) marked on the outside as indicated below with the bidder's name and address, the bid number and opening date and returned to:
a. By Mail: This is how your envelope should look! Bidders Name/Address is to be in upper left corner. Address to Airport Finance Director, 2191 E. 32nd Street, Ste 218, Yuma, AZ 85365. The BID NUMBER; and BID OPENING DATE ; should be in the lower left corner.
B. By delivery service or in person: Sealed bids may be delivered in person or by delivery service to the Airport Finance Director, 2191 E. 32nd Street, Ste 218, Yuma, AZ 85365.
c. Closing time & date: Bids must be returned in sufficient time to be received in the Finance Dept. on or before the advertised closing time and date shown in the invitation.
d. Late bids: Bids received after the advertised closing time and date regardless of the mode of delivery, will be refused and will be returned unopened to the bidder.
18. Acceptance: Acceptance of bidders offer for an open market purchase will be in the form of a purchase order or contract. Notice for annual contract agreements will be a notice of award, purchase order or contract.
19. Insurance: Prior to any work being performed the vendor must have on file with the Airport’s Finance Director current Certificates of Insurance reflecting coverages as per the attached Insurance Requirements.??
Standard Purchase Terms and Conditions
1. Seller to Package Goods: The seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows;
a. Seller’s name and address;
b. Consignee’s name, address and purchase order or purchase release number and the supply agreement number if applicable;
c. Container number and total number of container, e.g., box 1 of 4 boxes;
d. The number of the container bearing the packing slip. Seller shall be pay cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Airport’s count or weight shall be final and conclusive on shipments not accompanied by packing lists.
2. Shipment Under Reservation Prohibited: Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods.
3. Title & Risk of Loss: The title and risk of loss of the goods shall not pass to Airport until Airport actually receives and takes possession of the goods at the point or points of delivery.
4. Delivery Terms and Transportation Charges: F.O.B. destination unless delivery terms are specified in Seller’s bid, or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs, provided Airport shall have the right to designate what method of transportation shall be used to ship the goods. Delivery may be a consideration in the award when shown to be a benefit to the Airport.
5. No Replacement of Defective Tender: Every tender or delivery of goods must fully comply with all provisions of this contract as to the method and place of delivery, quality and the like. If a tender is made which does not fully conform, this will constitute a breach and Seller will not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify the Airport Finance Director of his intention to cure and may then make a conforming tender within the contract time but not afterward.
6. Place of Delivery: The place of delivery shall be Airport Finance Director, 2191 E. 32nd Street, Ste 218, Yuma, AZ 85365. The terms of this agreement are “no arrival, no sale.”
7. Invoices & Payments:??
a. Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase or purchase release number and the supply agreement number applicable. Invoices shall be itemized and they shall list transportation charges, if any, separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail to Airport Finance Director, 2191 E. 32nd Street, Ste 218, Yuma, AZ 85365. Payment shall not be due until the above instruments are submitted after delivery.
b. Airport’s obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Seller by Airport.??
c. Do not include Federal Excise, State or Airport Sales Tax. Airport shall furnish tax exemption certificate upon request.
8. Gratuities: The Airport may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Airport that gratuities, in the form of agent or representative of the Seller, to any officer or employee of the Airport with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations in respect to the performing of such contract. In the event this contract is canceled by Airport, remedies to recover or withhold the amount of the cost shall be incurred by Seller in providing such gratuities.
9. Special Tools & Test Equipment: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any drawings or related documents thereto shall become the property of the Airport and to the extent feasible shall be identified by the Seller as such.
10. Warranty of Price :?
a. The price to be paid by the Airport shall be that contained in Seller’s bid which Seller warrants to be no higher than seller’s current prices on orders by others for products of the kind and specifications covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative, reduced to the Seller’s current prices on orders by others, or in the alternative, Airport may cancel this contract without liability to seller for breach or Seller’s actual expense.
b. The Seller warrants that a person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bonafide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of the warranty the Airport shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.
11. Warranty-Product: Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Airport. Seller Warrants that the goods furnished will conform to the specifications, drawings, descriptions and the specifications shall govern.
12. Safety Warranty: Seller warrants that the product sold to Airport shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA). In the event the product does not conform to OSHA standards. Airport may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Airport will be at Seller’s expense.
13. No Warranty by Airport Against Infringements: As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. Airport makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Airport be liable to Seller for indemnification in the event that seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify Airport to this effect in writing within two weeks after the signing of the agreement. If Airport does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Airport harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void except the Airport will pay Seller the reasonable cost of his search as to infringements.
14. Right of Inspection: Airport shall have the right to inspect the goods at delivery before accepting them.
15. Cancellation: Airport shall have the right to cancel for default all or any part of the undelivered portion of the order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies that the Airport may have in law or equity.
16. Termination: The performance of work under this order may be terminated in whole, or in part by the Airport in accordance with the provision of the Uniform Commercial Code. Termination of work hereunder shall be effected by the delivery to the Seller of a “Notice of Termination” specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of the rights of Airport.
17. Force Majeure : Neither party shall be held responsible for losses resulting if the fulfillment of any terms or provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, which by the exercise of reasonable diligence said party is unable to prevent.?
18. Assignment-Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Airport. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.
19. Waiver: No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.
20. Modifications: This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents.
21. Interpretation-Parol Evidence: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete agreement for dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in the agreement, the definition contained in the Code is to control.
22. Applicable Law: this agreement shall be governed by the Uniform Commercial Code. Whenever the term “Uniform Commercial Code” is used it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Arizona as effective and in force on the date of this agreement.
23. Advertising; Seller shall not advertise or publish, without Airport’s prior consent, the fact that Airport has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the Federal, State or Local government.
24. Right To Assurance: Whenever one party to this contract in good faith has reason to question the other party’s intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.
25. Equal Employment Opportunity: Seller agrees that during the performance of its contract it will:
a. Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap.
b. Identify itself as an “Equal Opportunity Employer” in all help wanted advertising or request. The Seller shall be advised of any complaints filed with the Airport alleging that Seller is not an Equal Opportunity Employer. The Airport reserves the right to consider its reports from its human relations administrator in response to such complaints in determining whether or not to terminate any portion of this contract for which purchase orders or authorities to deliver have not been included, however, the Seller is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a purchase order has been issued or authority to deliver granted.
26. Conflict of Interest: Seller agrees to comply with the conflict of interest provisions of the Airport and County Code of Ordinances. Seller agrees to maintain current, updated disclosure of information on file with the Airport Finance Director throughout the term of the contract.
27. Venue: Yuma County, Arizona
28. Funds - Price: The vendor submitting the lowest and best bid for each item will establish a price agreement with the Airport. The item(s) ordered will be selected based on the availability of funds, needs of each user, price delivery and value to the Airport.??
29. Budget Year: Bidder agrees to furnish all requirements of the Airport during the budget year. Quantity(s) listed are estimates only, actual quantity(s) ordered will be determined by the availability of funds.