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Bid and Purchasing Conditions

  1. Acceptance and Rejection. The President or Director of the Institution or School or his or her designee reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by the bidder, to accept any item in the bid.
  2. Time of Acceptance. If a bidder fails to state a time within which a bid must be accepted, it is understood and agreed that the institution shall have sixty days to accept.
  3. Error in Bid. In case of errors in the extension of prices in the bid, the unit price will govern. No bid shall be altered, amended, or withdrawn after the specified time for opening bids. Negligence on the part of the bidder in preparing the bid confers no right for withdrawal of the bid after it has been opened.
  4. Discount Period. Time in connection with discount offered will be computed from date of satisfactory delivery at destination and performance or from the date correct invoices are received, whichever is later. Discounts other than time discounts will be shown on the face of the bid opposite the item to which it applies.
  5. Default of Contractor. In case of default of the contractor, the institution may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby.
  6. Sample of Materials. Samples of items, when required, must be furnished free of expense, prior to the opening of the bids, and if not destroyed, will upon request be returned at the bidder's expense.
  7. Signature on Bids. Each bid must give the full name and business address of the bidder. Unsigned bids will be rejected. The person signing the bid must show his/her title, and if requested by the institution, must furnish satisfactory proof of his/her authority to bind the company in contract. Bids must be written with typewriter, ink, or indelible pencil; otherwise they may not be considered. Purchase order will be issued to the firm name appearing on the bid.
  8. Alternative Bids. Alternative bids will not be considered unless specifically called for in the bid.
  9. Bonds for Performance. All bond requirements shall be identified in the invitation to bid. The right is reserved to require the successful bidder to furnish security, free of any expense to the institution, to guarantee faithful performance of the contract.
  10. Time of Performance. The number of calendar days in which delivery will be made after receipt of order shall be stated in the bid. When no time of delivery is stated by the bidder, it is understood and agreed that delivery is to be made within two weeks after receipt of order.
  11. Specifications. It is understood that reference to available specifications shall be sufficient to make the items of such specifications binding on the contractor. The use of the name of a manufacturer or any special brand or make in describing an item does not restrict the bidder to that manufacturer or specific article, unless specifically stated. The articles on which the proposals are submitted must be equal or superior to that specified. Articles received not equal will be picked up by vendor or returned to vendor shipping charges collect.
  12. Brand and Trade Names. The bidder must show the brand or trade name of the articles on which he/she is bidding, when applicable.
  13. New Equipment. All supplies and equipment offered and furnished must be new unless the invitation to bid specifically permits offers of used items. Reconditioned items are not considered new and will not be acceptable. Remanufactured items or demonstration models may be accepted at the University' discretion if stated in the invitation to bid.
  14. Late Bids. Bids received after the specified time for opening, as shown on the bid form, shall not be considered.
  15. Telegraphic, Telephone, and Facsimile Bids. If received before the time set for opening the bids, these types of quotes may be considered if the total amount of the bid is less than $5,000.00 and if the amount is immediately confirmed by mail. JSCC's FAX number is (731) 425-2647.
  16. Inspection. All supplies or materials are subject to inspection and rejection by the institution, and rejected supplies or materials may be returned at the vendor's expense. In the event necessity requires the use of materials or supplies not conforming to the specifications, payment may be made at a proper and agreed reduction in price.
  17. Non-Discrimination. During the performance of this contract, the contractor agrees as follows: the contractor will not discriminate against any employee or applicant for employment because of national origin, race, religion, sex, age, disabilities, color, or veteran status. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their national origin, race, religion, sex, age, disabilities, color or veteran status. Such action shall include but not be limited to the following employment: upgrading, demotion, transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions for this non-discrimination clause.
  18. FOB Point. All prices quoted are to be FOB delivered to the institution unless another FOB point is stated by the institution on the bid form. The successful bidder must assume all responsibility for damage in transit. All bids not following this provision may be rejected.
  19. Taxes. The institution is exempt from both federal excise and state sales taxes, and such taxes shall not be included in bids. Appropriate exemption certificates will be furnished to the successful bidder upon request. Contractors making improvements, additions to, or repair work on real property on behalf of the institution are liable for any applicable sales or use tax on purchases of tangible personal property for use in connection with the contracts. Contractors are likewise liable for any applicable use tax on tangible personal property furnished to them by the institution for use in connection with their contracts.
  20. Conflicts of Interest. The contractor warrants that no part of the total contract amount provided herein shall be paid directly or indirectly to any officer or employee of the State of Tennessee as wages, compensation, or gifts in exchange for acting as officer, agent, employee, sub-contractor, or consultant to the contractor in connection with any work contemplated or performed relative to this bid.
  21. Service Contracts. May be canceled for cause by either party effective 30 days from date of written notice.
  22. Inspection Period. Upon completion of the Purchasing Office's evaluation, all bidders have the right to inspect the bid file during the following 24-hour period. Interested bidders must contact the buyer to schedule an appointment to inspect the bid file. If there are no requests to inspect the bid file, the buyer will proceed with the award.
  23. Accounting Records. For all contracts other than those for a firm fixed price, contractors shall maintain books and records relating to the contract for a period of three years from final payment. Such books and records shall be subject to audit by the State of Tennessee.