326 D211 062 R2Bush Hog2715LCutters RFB

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MISSOURI DEPARTMENT OF TRANSPORTATION
BID GUIDELINES AND DOCUMENTATION

REQUEST FOR BID
It is the vendor’s responsibility to read and comply with all conditions, specifications, and instructions
outlined in this document. This document and any subsequent attachments shall supersede all
confirmation forms, receipts, or any other paperwork needed to secure materials, equipment, or services.
TODAY’S DATE:
APRIL 5, 2011
TO BE DELIVERED BY:
SPECIFY YOUR ESTIMATED

BID DUE BY (DATE AND TIME):
APRIL 13, 2011 @ 1:00 PM CENTRAL TIME

F.O.B. REQUIREMENTS: DESTINATION
(SEE DELIVERY LOCATION(S) BELOW)
BUYER NAME:
BID # D211-062-R2
W ILLIAM D. “BILL” NOYES, CPPO, CPPB
DELIVERY TIME IN THE SPACE
THIS BID # SHOULD BE REFERENCED
SENIOR PROCUREMENT AGENT
PROVIDED BELOW (A.R.O. =
ON ALL MAILING LABELS, ENVELOPES,
PHONE NUMBER: (660)-385-8245
NO RESPONSES ACCEPTED BY FAX
AFTER RECEIPT OF ORDER)
AND ANY OTHER CORRESPONDENCE.
Bid Delivery/Mailing Address:
Delivery Location(s):
Missouri Department of Transportation – District 2
MoDOT District 2 – One mower to each building listed –
General Services (Procurement) Division
Keytesville Maintenance Building
902 North Missouri Street P.O. Box 8
Marshall Maintenance Building
Macon, MO. 63552
Sweet Springs Maintenance Building

ALL BIDS SHOULD BE EXTENDED & TOTALED. DELIVERY TIME SHOULD BE LISTED
Qty

3

U/M

Each

DESCRIPTION

UNIT PRICE

Bush Hog® TOUGH 2715L Flex Wing Rotary Cutter
meeting the enclosed specifications and including all
standard features and warranties detailed herein.
This unit should have a 540 RPM PTO, six (6)
laminated tires, dual axles on the center section, single
axles on the wings, and front & rear chains.

Delivery Time (A.R.O. = After Receipt of Order):

$

UNIT PRICE
EXTENSION

$
each

total

A.R.O.

Base your quote price on the minimum features listed above. If there are other items listed in the
specification (on page 2), which are optional features we have not indicated as our selections above,
please provide the cost of these other options in the vendor notes section on page 5 or attach additional
pages as necessary. These will be selected by MoDOT and figured in when making our award decision.
SPECIAL TERMS AND CONDITIONS
Award
Award of this bid will be made on an “All Or Nothing” basis using the “lowest and best” principle of award.
Notification of award will be at the time the tabulation is posted to the Internet. It is the sole responsibility for all
bidders to check the website for bid results.
Delivery – Additional Requirements
The successful vendor shall furnish the Missouri Department of Transportation with notification at least 24 hours
before making any delivery. Notification should be during the normal workday preceding the day on which the
vendor desires to initiate delivery. It will be necessary for a representative of the Missouri Department of
Transportation to be present when the equipment is delivered.
F.O.B.
All materials bid are F.O.B. Destination (as outlined above). Freight/Delivery costs must be included in the unit
price bid and not listed as a separate line item.

VENDOR NAME:
(Please enter your company name in this block)

PAGE 1 OF 10

Required Specifications
All materials, equipment, and/or services bid upon must comply with the following specification “Bush Hog®
TOUGH 2715L Flex Wing Rotary Cutters” and any other provisions outlined in the solicitation documents.
[ These specifications came from the web site www.bushhog.com ]

PAGE 2 OF 10

MISSOURI DOMESTIC PRODUCTS PROCUREMENT ACT
The bidder’s attention is directed to the Missouri Domestic Products Procurement Act, Sections 34.350 to 34/359, RsMO,
which requires all manufactured goods or commodities used or supplied in the performance of this contract or any subcontract
to be manufactured or produced in the United States.
Section 34.355, RsMO, requires the vendor or contractor to certify his compliance with Section 34.353 and, if applicable,
Section 34.359, RsMO, at the time of bidding and prior to payment. Failure to comply with Section 34.353, RsMO, during the
performance of the contract and to provide certification of compliance prior to payment will result in nonpayment for those
goods or commodities.
Section 34.353.2, RsMO, specifies that it does not apply where the total contract is less than Twenty-Five Thousand Dollars
($25,000.00). If your total bid is Twenty-Five Thousand Dollars ($25,000.00) or more, you must complete this form as
directed below.
Failure to complete and return this document with this bid will cause the State to presume the manufactured goods or
products listed in the bid are not manufactured or produced in the United States, and the bid will be evaluated on that
basis. Please read the certification appearing below on this form.
[

]

If all the goods or products specified in the attached bid which the bidder proposes to supply to the State shall be
manufactured or produced in the “United States” as defined in Section 34.350, RsMO, check the box at left.

[

]

If only one item of any particular goods or products specified in the attached bid is manufactured or produced in the
“United States” as defined in Section 34.350, RsMO, check the box at left and list the items (or item number) here:
______________________________________________________________________________________________
______________________________________________________________________________________________

[

]

If any or all of the goods or products specified in the attached bid which the bidder proposes to supply to the State are
not manufactured or produced in the “United States” as defined in Section 34.350, RsMO, then: (a) check the box at
left; (b) list below, by item (or item number), the country other than the United States where each good or product is
manufactured or produced; and (c) check the boxes to the left of the paragraphs below if applicable and list the
corresponding items (or item numbers) in the spaces provided.

Item (or item number)

Location Where Item Manufactured or Produced

(attach an additional sheet if necessary)
[

]

The following specified goods or products cannot be manufactured or produced in the United States in sufficient
quantities or in time to me the contract specifications. Items (or item numbers): ______________________________
_______________________________________________________________________________________________

[

]

The following specified goods or products must be treated as manufactured or produced in the United States, in
accordance with an existing treaty, law, agreement, or regulation of the United States, including a treaty between the
United States and any foreign country regarding export-import restrictions or international trade. Items (or item
numbers): _____________________________________________________________________________________
______________________________________________________________________________________________
CERTIFICATION

By submitting this document, completed as directed above, with a bid, the bidder certifies under penalty of making
false declaration (Section 575.060, RsMO) that the information contained in this document if true, correct and
complete, and may be relied upon by the State in determining the bidders qualifications under and in compliance with
the Missouri Domestic Products Procurement Act.
The bidder’s failure to complete and return this document with the bid as directed above will cause the State to
presume the manufactured goods or products listed in the bid are not manufactured or produced in the United States,
and the bid will be evaluated on that basis pursuant to Section 34.353.3(2), RsMO.
PAGE 3 OF 10

PREFERENCE IN PURCHASING PRODUCTS
DATE: ______________________________
The bidders attention is directed to Section 34.076 RsMO 1986 which gives preference to
Missouri corporations, firms, and individuals when letting contracts or purchasing products.
Bids/Quotations received will be evaluated on the basis of this legislation.
All vendors submitting a bid/quotation must furnish ALL information requested below.
FOR CORPORATIONS:
State in which incorporated: ___________________________________________
FOR OTHERS:
State of domicile: ___________________________________________________
FOR ALL VENDORS:
List address of Missouri offices or places of business:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
THIS SECTION MUST BE COMPLETED AND SIGNED:

FIRM NAME:

___________________________________________________________________

ADDRESS:

___________________________________________________________________

CITY:

___________________________________ STATE: ________ ZIP: _________

BY (signature required):

_____________________________________________________________

Federal Tax I.D. #: ______________ if no Federal Tax I.D. # - list Social Security #: ____________
NOTE: For bid/quotation to be considered, the “Preference in Purchasing Products” form must be on file in the General Services
(Procurement) Division and must be dated in the current calendar year.
PAGE 4 OF 10

Delivery Address/Location Cross-Reference Listing
Facility
Keytesville
Marshall
Sweet Springs

County
Chariton
Saline
Saline

Address
220 E. Jackson, Keytesville, MO 65261
1595 West Arrow St., Marshall, MO 65340
326 Hwy 127, Sweet Springs, MO 65351

Location
Rt. 24 and Rt. 5 Jct.
Rt. 20 – 0.1 miles west of Rt. 65
Rt. 127 – 0.1 miles north of I-70

RsMO 34.040.6 Compliance
The Bidder must be in compliance with the laws regarding conducting business in the State of Missouri. The Bidder
should ensure they are in good standing with the Missouri Department of Revenue. Prior to award MoDOT staff will
check with the Missouri Department of Revenue to ensure compliance with the provisions of RsMO 34.040.6. If
necessary a “Certificate of No Tax Due” may be requested of the successful Bidder. If such a certificate is
requested, the Bidder's inability to provide this documentation will result in his/her bid being rejected.

VENDOR NOTES
VENDORS MAY ALSO ATTACH OTHER PERTINENT OR SUPPORTING DATA WITH THEIR RESPONSE TO THIS RFB.

Missouri Department of Transportation purchase orders must be issued to the invoicing company/address.
If the invoicing company/address will be different from that listed in the vendor information section (below),
the vendor should specify the “remit to” company/address in the vendor notes section (above).

VENDOR INFORMATION
Vendor Name/Mailing Address:

Vendor Contact Information (including area codes):
Phone #:
Cellular #:

Email Address:

Fax #:

Printed Name of Responsible Officer or Employee:

Signature:

Is your company registered/certified with the State of Missouri as a (please circle):
MINORITY BUSINESS ENTERPRISE (MBE)?
WOMEN BUSINESS ENTERPRISE (WBE)?

YES
YES

NO
NO

If you would like information about MBE/WBE certification, please contact the Officer of Supplier of Workforce
Diversity by calling 1-877-259-2963 or visit the following internet address: http://www.oswd.mo.gov
Vendors are encouraged to obtain minority business enterprise (MBE) and women business enterprise (WBE) participation in
this work through the use of subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful participation
for M/WBEs. Vendors are encouraged to obtain 10% MBE and 5% WBE participation.

Is your company a MISSOURI SERVICE-DISABLED VETERAN BUSINESS (please circle)?

YES

NO

A service-disabled veteran is defined as any individual who is disabled as certified by the appropriate federal agency
responsible for the administration of veteran’s affairs. A service-disabled veteran business is defined in RSMo 34.044.

All responses to this Request For Bid should be submitted on this form and should be returned
to the Buyer listed above at the District mailing address shown. Bids should be mailed or handdelivered. Responses by fax cannot be accepted or considered for award.
PAGE 5 OF 10

Note: If any of the “Standard Solicitation Provisions” and “General Terms and Conditions” on
the following pages conflict with the requirements outlined in this Request For Bid, the RFB
requirements will supersede those below.

STANDARD SOLICITATION PROVISIONS
a.

The Missouri Department of Transportation (MoDOT) reserves the right to reject any or all bids/quotes/proposals, and to accept or
reject any items thereon, and to waive technicalities. In case of error in the extension of prices in the bid/quote/proposal, unit prices will
govern.

b.

All bids/quotes/proposals must be signed with the firm name and by a responsible officer or employee. Obligations assumed by such
signature must be fulfilled.

c.

By virtue of statutory authority, a preference will be given to materials, products, supplies, provisions and all other articles produced,
manufactured, made or grown, within the State of Missouri.

d.

Time of delivery is a part of the consideration and, if not otherwise stated in the solicitation documents, must be stated in definite terms
by the Bidder/Offeror and must be adhered to. If time varies on different items, the Bidder/Offeror shall so state.

e.

If providing bids/quotes/proposals for commodities, the Bidder/Offeror will state brand or make on each item. If bidding or proposing
other than the make, model or brand specified, the manufacturer's name, model number or catalog number must be given.

f.

For bids/proposals of $25,000 or more, no bids/proposals by telephone, telegram or telefax will be accepted.

g.

The date specified for the returning of bids/quotes/proposals is a firm deadline and all bids/quotes/proposals must be received at the
designated office by that time. The Department does not recognize the U.S. Mail, Railway Express Agency, Air Express, or any other
organization, as its agent for purposes of accepting proposals. All proposals arriving at the designated office after the deadline
specified will be rejected.

GENERAL TERMS AND CONDITIONS
General Performance
a.

Bidders are encouraged to obtain minority business enterprise (MBE) and women business enterprise (WBE) participation in this work
through the use of subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful participation for M/WBEs.
Bidders are encouraged to obtain 10% MBE and 5% WBE participation.

b.

This work is to be performed under the general supervision and direction of the Missouri Department of Transportation (MoDOT) and, if
awarded any portion of the work, the Contractor agrees to furnish at his own expense all labor and equipment required to complete the
work, it being expressly understood that this solicitation is for completed work based upon the price(s) specified and is not a solicitation for
rental of equipment or employment of labor by MoDOT, and MoDOT is to have no direction or control over the employees used by the
Contractor in performance of the work.

Deliveries
a.

Unless otherwise specified on the solicitation documents or purchase order, suppliers shall give at least 24 hours advance notice of each
delivery. Delivery will only be received between the hours of 8:00 a.m. to 3:00 p.m., Monday through Friday. Material arriving after 3:00
p.m. will not be unloaded until the following workday. No material will be received on Saturday, Sunday or state holidays.

b.

If the prices bid herein include the delivery cost of the material, the Contractor agrees to pay all transportation charges on the material as
FOB - Destination. Freight costs must be included in the unit price bid and not listed as a separate line item.

c.

Any demurrage is to be paid by the Contractor direct to the railroad or carrier.

Nondiscrimination
a. The Contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the Department of
Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this contract.
b.

All solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract,
including procurements of materials or leases of the Contractor's obligations under this contract and the Regulations, will be relative to
nondiscrimination on the grounds of race, color, or national origin.
1)

Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract,
MoDOT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
i. withholding of payments to the Contractor under the contract until the Contractor complies, and/or,
ii. cancellation, termination or suspension of the contract, in whole or in part.
PAGE 6 OF 10

Contract/Purchase Order
a.

By submitting a bid/quote/proposal, the Bidder/Offeror agrees to furnish any and all equipment, supplies and/or services specified in the
solicitation documents, at the prices quoted, pursuant to all requirements and specifications contained therein.

b.

A binding contract shall consist of: (1) the solicitation documents, amendments thereto, and/or Best and Final Offer (BAFO) request(s)
with any changes/additions, (2) the Contractor's proposal and/or submitted pricing, and (3) the MHTC’s acceptance of the proposal and/or
bid by purchase order or post-award contract.

c.

A notice of award does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services.
Before providing equipment, supplies and/or services, the Contractor must receive a properly authorized purchase order and/or notice to
proceed.

d.

The contract expresses the complete agreement of the parties and performance shall be governed solely by the specifications and
requirements contained therein. Any change, whether by modification and/or supplementation, must be accomplished by a formal
contract amendment signed and approved by and between the duly authorized representative of the Contractor and the duly authorized
representative of the MHTC, by a modified purchase order prior to the effective date of such modification. The Contractor expressly and
explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral
communications by or from any person, shall be used or construed as an amendment or modification.

Subcontracting
a.

It is specifically understood that no portion of the material or any interest in the contract, shall be subcontracted, transferred, assigned or
otherwise disposed of, except with the written consent of MoDOT. Request for permission to subcontract or otherwise dispose of any part
of the work shall be in writing to MoDOT and accompanied by documentation showing that the organization which will perform the work is
particularly experienced and equipped for such work.

b.

Consent to subcontract or otherwise dispose of any portion of the work shall not be construed to relieve the Contractor of any
responsibility for the production and delivery of the contracted work and the completion of the work within the specified time.

c.

All payments for work performed by a subcontractor shall be made to the Contractor to whom the contract was awarded and the purchase
order issued.

Invoicing and Payment
a.

MoDOT is exempt from paying Missouri Sales Tax, Missouri Use Tax and Federal Excise Tax. However, the Contractor may themselves
be responsible for the payment of taxes on materials they purchase to fulfill the contract. A Project Tax Exemption Certificate will be
furnished to the successful Bidder/Offeror upon request if applicable.

b.

Each invoice should be itemized in accordance with items listed on the purchase order and/or contract. The statewide financial
management system has been designed to capture certain receipt and payment information. Therefore, each invoice submitted must
reference the purchase order number and must be itemized in accordance with items listed on the purchase order. Failure to comply with
this requirement may delay processing of invoices for payment.

c.

Unless otherwise provided for in the solicitation documents, payment for all equipment, supplies, and/or services required herein shall be
made in arrears. The Missouri Highways and Transportation Commission (MHTC) shall not make any advance deposits.

d.

The MHTC assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any
authorized quantity is subject to the MHTC’s rejection and shall be returned at the Contractor's expense.

e.

The MHTC reserves the right to purchase goods and services using the state-purchasing card.

Applicable Laws and Regulations
a.

The contract shall be construed according to the laws of the State of Missouri. The Contractor shall comply with all local, state, and
federal laws and regulations related to the performance of the contract.

b.

The Contractor must be registered and maintain good standing with the Secretary of State of the State of Missouri and other regulatory
agencies, as may be required by law or regulations. Prior to the issuance of a purchase order and/or notice to proceed, the Contractor
may be required to submit to MoDOT a copy of their current Authority Certificate from the Secretary of State of the State of Missouri.
1)

c.

Prior to the issuance of a purchase order and/or notice to proceed, all out-of-state Contractors providing services within the state
of Missouri must submit to MoDOT a copy of their current Transient Employer Certificate from the Department of Revenue, in
addition to a copy of their current Authority Certificate from the Secretary of State of the State of Missouri.
The exclusive venue for any legal proceeding relating to or arising, out of the contract shall be in the Circuit Court of Cole County,
Missouri.

Executive Order

PAGE 7 OF 10

a.

The Contractor shall comply with all the provisions of Executive Order 07-13, issued by the Honorable Matt Blunt, Governor of Missouri,
on the sixth (6th) day of March, 2007. This Executive Order, which promulgates the State of Missouri’s position to not tolerate persons
who contract with the state engaging in or supporting illegal activities of employing individuals who are not eligible to work in the United
States, is incorporated herein by reference and made a part of this Agreement.
1) “By signing this Agreement, the Contractor hereby certifies that any employee of the Contractor assigned to perform services under
the contract is eligible and authorized to work in the United States in compliance with federal law.”
2) In the event the Contractor fails to comply with the provisions of the Executive Order 07-13, or in the event the Commission has
reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States
in violation of federal law, the Commission reserves the right to impose such contract sanctions as it may determine to be
appropriate, including but not limited to contract cancellation, termination or suspension in whole or in part or both.
3)

The Contractor shall include the provisions of this paragraph in every subcontract. The Contractor shall take such action with
respect to any subcontract as the Commission may direct as a means of enforcing such provisions, including sanctions for
noncompliance.

Preferences
a.

In the evaluation of bids/quotes/proposals, preferences shall be applied in accordance with Chapter 34 RSMo. Contractors should apply
the same preferences in selecting subcontractors.

b.

By virtue of statutory authority, RSMo. 34.076 and 34.350 to 34.359, a preference will be given to materials, products, supplies, provisions
and all other articles produced, manufactured, made or grown within the State of Missouri. Such preference shall be given when quality is
equal or better and delivered price is the same or less.

c.

1)

If attached, the document entitled “PREFERENCE IN PURCHASING PRODUCTS” should be completed and returned with the
solicitation documents.

2)

If attached, the document entitled “MISSOURI DOMESTIC PRODUCTS PROCUREMENT ACT” should be completed and returned
with the solicitation documents. Applies if bid is Twenty-Five Thousand Dollars ($25,000.00) or more.

By virtue of statutory authority, RSMo 34.074, a preference will be given all contracts for the performance of any job or service to servicedisabled veteran business either doing business as Missouri firms, corporations, or individuals; or which maintain Missouri offices or
places of business, when the quality of performance promised is equal or better and the price quoted is the same or less or whenever
competing bids, in their entirety, are comparable.
1) If attached, the document entitled “MISSOURI SERVICE-DISABLED VETERAN PREFERENCE” should be completed and
returned with the solicitation documents.

d.

In the event of a tie of low bids, the MHTC reserves the right to establish the method to be used in determining the award

Remedies and Rights
a.

No provision in the contract shall be construed, expressly or implied, as a waiver by the MHTC of any existing or future right and/or
remedy available by law in the event of any claim by the MHTC of the Contractor's default or breach of contract.

b.

The Contractor agrees and understands that the contract shall constitute an assignment by the Contractor to the MHTC of all rights, title
and interest in and to all causes of action that the Contractor may have under the antitrust laws of the United States or State of Missouri
for which causes of action have accrued or will accrue as the result of or in relation to the particular equipment, supplies, and/or services
purchased or produced by the Contractor in the fulfillment of the contract with the MHTC.

c.

In the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such
direction, the Contractor may request MoDOT to enter into such litigation to protect the interests of the MHTC, and, in addition, the
Contractor may request the United States to enter into such litigation to protect the interests of the United States.

Cancellation of Contract
a.

The MHTC may cancel the contract at any time for a material breach of contractual obligations or for convenience by providing the
Contractor with written notice of cancellation. Should the MHTC exercise its right to cancel the contract for such reasons, cancellation will
become effective upon the date specified in the notice of cancellation sent to the Contractor.

b.

If the MHTC cancels the contract for breach, the MHTC reserves the right to obtain the equipment, supplies, and/or services to be
provided pursuant to the contract from other sources and upon such terms and in such manner as the MHTC deems appropriate and
charge the Contractor for any additional costs incurred thereby.

PAGE 8 OF 10

Bankruptcy or Insolvency
a.

Upon filing for any bankruptcy or insolvency proceeding by or against the Contractor, whether voluntary or involuntary, or upon the
appointment of a receiver, trustee, or assigned the benefit or creditors, the Contractor must notify MoDOT immediately. Upon learning of
any such actions, the MHTC reserves the right, at its sole discretion, to either cancel the contract or affirm the contract and hold the
Contractor responsible for damages.

Inventions, Patents, and Copyrights
a.

The Contractor shall defend, protect, and hold harmless the MHTC, its officers, agents, and employees against all suits of law or in equity
resulting from patent and copyright infringement concerning the Contractor's performance or products produced under the terms of the
contract.

Inspection and Acceptance
a.

No equipment, supplies, and/or services received by MoDOT pursuant to a contract shall be deemed accepted until MoDOT has had
reasonable opportunity to inspect said equipment, supplies, and/or services.

b.

All equipment, supplies, and/or services which do not comply with the specifications and/or requirements or which are otherwise
unacceptable or defective may be rejected. In addition, all equipment, supplies, and/or services which are discovered to be defective or
which do not conform to any warranty of the Contractor upon inspection (or at any later time if the defects contained were not reasonably
ascertainable upon the initial inspection) may be rejected.

c.

The MHTC reserves the right to return any such rejected shipment at the Contractor's expense for full credit or replacement and to specify
a reasonable date by which replacements must be received.

d.

The MHTC’s right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or
contractual remedies the MHTC may have.

Warranty
a.

The Contractor expressly warrants that all equipment, supplies, and/or services provided shall: (1) conform to each and every
specification, drawing, sample or other description which was furnished to or adopted by MoDOT, (2) be fit and sufficient for the purpose
expressed in the solicitation documents, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect.

b.

Such warranty shall survive delivery and shall not be deemed waived either by reason of the MHTC’s acceptance of or payment for said
equipment, supplies, and/or services.

Status of Independent Contractor
a.

The Contractor represents itself to be an independent Contractor offering such services to the general public and shall not represent itself
or its employees to be an employee of the MHTC. Therefore, the Contractor shall assume all legal and financial responsibility for taxes,
FICA, employee fringe benefits, workers’ compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to
indemnify, save and hold the MHTC, its officers, agents and employees harmless from and against any and all losses (including attorney
fees) and damage of any kind related to such matters.

Indemnification
a.

The Offeror shall defend, indemnify and hold harmless the Commission, including its members and department employees, from any
claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out
of the Offeror's performance of its obligations under this Agreement.

(T&C’s Version 12/07/10)
PAGE 9 OF 10

IF NOT SUBMITTING A BID, PLEASE COMPLETE AND RETURN
THE FOLLOWING “NO BID FORM” TO ASSIST THE
PROCUREMENT STAFF IN OUR PROCESS EVALUATIONS.
THANK YOU

NO BID
DATE: ______________________________
TO:

Missouri Department of Transportation – District 2
General Services (Procurement) Division
902 North Missouri Street P.O. Box 8
Macon, MO. 63552
(660)-385-1707 – fax #

FROM: ___________________________________________ (Company Name)
____________________________________________ (Contact Person)
____________________________________________ (Mailing Address)
____________________________________________ (City, State, Zip Code)
____________________________________________ (Office Phone #)
____________________________________________ (Cellular Phone #)
____________________________________________ (Fax #)
____________________________________________ (Email Address)
Our company is submitting “NO BID” on RFB # ___________________ for the reason(s) indicated
below:
(

) Product or service is not available or cannot meet the required specifications

(

) Other obligations – cannot make required deadline

(

) The delivery point or work location is outside of our territory or coverage/service area

(

) Other – Please explain below:

_____________________________________________________________________________
(
(

) Please keep our name on the bidder’s list for future opportunities on this product or service.
) Please remove our name from your bidder’s list for this product or service.
FAILURE TO RETURN A BID OR THIS FORM MAY RESULT IN
REMOVAL FROM OUR VENDOR DATABASE FOR FUTURE OPPORTUNITIES
PAGE 10 OF 10



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