STANDARD PROPOSAL CONSIDERATIONS
1) TAXES
The City of Thornton (Thornton) is exempt from federal excise taxes and state and
local sales and use tax. Tax exempt certificates will be issued upon request. Any
applicable taxes shall be shown as a separate line item in the Proposal.
2) BASIS OF AWARD
An award shall be made to the responsive, responsible, and trustworthy Proposing
Vendor meeting the specifications and having the lowest possible cost consistent with
the quality of the product needed, and any related Work or Service for effective use.
The following is a list of the criteria that may be used in making an award:
a) Adherence to specifications;
b) Superior quality;
c) Adequacy of maintenance and service;
d) Delivery and/or completion time;
e) Guarantees and warranties;
f) Proposing Vendor's financial status;
g) Results of reference checks;
h) Past experience and cost with similar or like product or service;
i) Anticipated future cost and experience;
j) Performance of Proposing Vendor and Proposing Vendor's product for other
agencies, plants, and firms;
k) Prices quoted;
l) Local Vendor consideration, if applicable; and/or
m) Overall cost effectiveness and greatest benefit as deemed in the best interest of
Thornton.
3) PROPOSAL EVALUATION AND AWARD
For purposes of clarification, responsiveness relates to compliance with the provisions
of the Invitation for Bid (IFB), including specifications and contractual terms and
conditions.
Responsibility relates to the ability of a Proposing Vendor to carry out the terms and
conditions of an award and/or Purchase Order, including, the Proposing Vendor's
character, trustworthiness, reputation, integrity, experience, past performance,
business and financial capabilities, technical organization, reliability, and the like. In
evaluating whether the Proposing Vendor is responsible, Thornton, in its sole
discretion, may consider such things as whether the Proposing Vendor is in arrears
to Thornton under any obligation, has an unacceptable performance or claims history
with Thornton or with other owners, or is currently involved in a dispute with Thornton.
In the event that the Purchasing Manager or designee makes an inquiry regarding the
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responsibility of a Proposing Vendor, and the Proposing Vendor fails to furnish the
requested information in an adequate or timely manner, Thornton may find the
Proposing Vendor non-responsible. Such a finding may be grounds for the rejection
of the Proposal as determined by the Purchasing Manager to be in the best interest
of Thornton.
Thornton-based businesses may be granted consideration in evaluation of Proposal
price if they meet the following criteria:
a) The business maintains an office, manufacturing, training, retail, or repair facility
within Thornton city limits;
b) The business has a current Thornton business license;
c) The business is current on all Thornton obligations; and
d) The Proposing Vendor requests the consideration on the Proposal Form and
supplies the necessary documentation.
All nonmonetary Proposal criteria being equal, Thornton business’ Proposal will be
discounted for the purpose of evaluating the Proposals when compared to non-
Thornton-based businesses by the lesser of five percent (5%) of the Proposal price
or twenty thousand dollars ($20,000).
Price will be a major factor in evaluation and award. This shall not be construed to
mean that all awards will be made to the lowest price Proposing Vendor; but rather
total economy inclusive of service, delivery, product performance, Vendor
performance, discounts, terms, specification adherence, and the like will also be
considered in the evaluation and award process.
Thornton reserves the right to base its evaluation on a "Should Cost" analysis to reflect
the real costs to Thornton arising out of, or incidental to the award. Proposing Vendors
should therefore avoid unbalanced pricing and other cost presentation tactics that
attempt to understate, conceal, or distort real costs, or otherwise take advantage of a
mere formula-oriented, nonjudgmental type of cost or price analysis. Thornton will
look to substance more than format and shall perform its cost and price evaluation on
the basis of probable real costs.
Evaluation of all Proposals will be based on the factors contained in the IFB; however,
additional factors not previously outlined in the IFB may be considered, should other
pertinent information be made available. Thornton reserves the right to negotiate final
terms with the lowest responsive, responsible, and trustworthy Proposing Vendor that
may vary from those contained in the Proposal Documents.
If prior to award, it is deemed that an IFB or award is in violation of law, then the IFB
or award shall be canceled or revised to comply with the law.
If after award, it is determined that an IFB or award is in violation of law, and the
Proposing Vendor awarded has not acted fraudulently or in bad faith, the award may
be terminated for convenience. If the Proposing Vendor awarded has acted
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fraudulently or in bad faith, the award may be declared null and void without prejudice
to Thornton’s rights to such damages as may be appropriate.
4) PROPOSAL PRICING
Each Proposing Vendor must submit its proposed pricing on the Proposal forms
contained within the proposal document. The Proposing Vendor shall sign its Proposal
correctly, and a Proposal may be rejected if it shows any omissions, alterations of
form, addition not called for, conditions or any irregularities of any kind.
Unit pricing will govern over extended prices unless otherwise stated. All prices
quoted shall be firm, except in those cases where a firm price cannot be quoted due
to market conditions, at Thornton’s sole option, consideration may still be given to the
Proposing Vendors unable to submit firm pricing. However, those Proposing Vendors
submitting firm prices will be given higher consideration over those who are unable to
submit a firm price, all other factors being equal. Also, in those cases where a firm
price cannot be made, all non-firm pricing shall be stated and explained as explicitly
as possible, showing escalation factors, stating costs that may increase and the
conditions of those increases. Also, maximum or ceiling prices should be quoted
where possible when Proposals contain non-firm prices.
5) OTHER CHARGES
Proposal prices shall include as separate line items all freight (transportation) and
preparation charges, applicable taxes, and any other applicable charges fully prepaid
to the point of delivery so that the Proposal price is the total price to be paid for the
product. In all cases, FOB point shall be destination. Ownership of goods shall pass
to Thornton at the delivery point.
6) ELECTRONIC DISTRIBUTION OF DOCUMENTS AND SUBMITTAL OF
PROPOSAL
This IFB has been provided in an electronic format. ANY ALTERATION TO THE
TEXT AND SUBSTANCE SET FORTH IN THE PROPOSAL DOCUMENTS IS
ABSOLUTELY PROHIBITED AND WILL RESULT IN THE IMMEDIATE
REJECTION OF THE PROPOSAL. If exceptions are taken to the language provided
in the Proposal Documents, they must be submitted as an attachment to the
Proposal and not by alteration of the original text. Thornton’s file copy of this
document will be the official and binding version in determining a resolution to any
discrepancy in the award or administration of a Purchase Order.
PROPOSAL SUBMITTED BY FACSIMILE ARE NOT ACCEPTABLE AND WILL BE
REJECTED UPON RECEIPT. Proposing Vendors will be expected to allow
adequate time for delivery of their Proposal either by upload through the Vendor
portal of BidNet®, airfreight, postal service, or hand delivery.
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7) GUARANTEE WITH PROPOSAL
To protect the interests of Thornton, the Proposing Vendor guarantees that the
product offered is a standard new product, latest model of regular stock product, with
parts regularly used for the type of product offered and also that no attachments or
part has been substituted or applied contrary to the manufacturer's
recommendations and standard practices.
8) USE OF BRAND NAMES IN THE PROPOSAL
Specifications contained herein, in some cases, may refer to brand names. Unless
noted otherwise, brand names and numbers are used ONLY to set forth and convey
to prospective Proposing Vendors in general the type, style, character, and quality of
the product desired.
If the article Proposal upon has a trade or brand name, the trade or brand name shall
be shown in the Proposal.
9) SPECIFICATION DEVIATIONS BY THE PROPOSING VENDOR
Any deviation from the specifications MUST be noted in detail and submitted in writing
with the Proposal. Complete specifications should be attached for any substitutions
offered, or when amplifications or clarifications are desirable or necessary. The
absence of the specification deviation statement and accompanying specifications will
hold the Proposing Vendor strictly accountable to the specifications as written herein.
Failure to submit this document of specification deviation, if applicable, shall be
grounds for rejection of the item(s) when offered for delivery. If specifications or
descriptive papers are submitted with the Proposal, the Proposing Vendor's name
should be clearly shown on each document.
The specifications, as listed herein, represent Thornton’s estimation of acceptable
product; however, Thornton is fully cognizant that no two (2) products from different
manufacturers are identical. Therefore, if Proposing Vendor’s products are similar
and/or same in size, function, and operation, but some of the specifications do not
completely coincide with Thornton’s, as listed, Proposing Vendor shall list exceptions
and explanations separately. Unless the product is identified as being a sole source
specification, it is not Thornton’s intent to write specifications for a product for which
only one (1) manufacturer can submit a Proposal.
10) SPECIFICATION CHANGES, ADDITIONS, AND DELETIONS
All changes in specifications made by Thornton, prior to the submission of Proposals,
shall be in writing and furnished to ALL Proposing Vendors in an Addendum. Verbal
information obtained by Proposing Vendors will NOT be considered, and Proposing
Vendors shall not be entitled to rely on verbal information.
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11) PROPOSAL AMENDMENTS OR WITHDRAWAL REQUESTS
Amendments to or withdrawal requests on Proposals received after the deadline for
submitting Proposals will be void regardless of when they were submitted.
12) SPECIFICATION CHANGES AFTER AWARD
Any changes in specifications after the award has been made must be with the written
consent of Thornton’s Purchasing Division.
13) PRODUCT
Proposals shall include adequate brochures, latest printed specifications and
advertising literature describing the product(s) offered in such fashion as to permit
ready comparison with Thornton’s specifications on an item-by-item basis, where
applicable.
14) DELIVERY DATE
The delivery date, as stated in the Proposal, shall be the time required to deliver the
product after the receipt of a Purchase Order. Where multiple line items appear in an
IFB, the Proposing Vendor shall, unless otherwise stated by Thornton, show the
delivery date for each line item separately. If only a single delivery date is shown, it
shall mean that all items included in the Proposal can and will be delivered on or
before the specified date. The Proposing Vendor certifies that the delivery will be
completed on the date it states; provided, however, that the date between the
Proposal opening and the placing of the order does not exceed the number of
Calendar Days stipulated in the Proposal. Thornton reserves the right to reject any
Proposal in which the delivery date indicated may delay the operation for which the
product is intended.
15) CASH DISCOUNTS
Cash discounts, if offered by the Proposing Vendor, shall be stated in the Proposal.
Prices Proposal must however, be based upon payment in thirty (30) Calendar Days
after receipt of the invoice. In all cases, cash discounts will be calculated from the
date of the invoice or the date of acceptance of the product, whichever is later.
16) TIE PROPOSAL
In the case of a tie Proposal, Thornton reserves the right to award based on other
factors previously set forth.
17) PROPOSAL REJECTION OR PARTIAL ACCEPTANCE
Thornton reserves the right to reject any or all Proposals. Thornton further reserves
the right to waive technicalities and informalities in Proposal, as well as to accept, in
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This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.