Bidder Instructions and Required Contract Language - 1405.4

Required Clauses for Transactions Less than $5,000 and Supplier’s Written Acceptance

The State’s General Provisions should be used on transactions valued less than $5,000.00.

If an election is made not to include and/or reference the General Provisions, then written confirmation must be obtained before award is made that the supplier will abide by the following required contract provisions:

• Americans with Disabilities Act (ADA)
• Non-Discrimination and Statement of Compliance
• Drug-Free Workplace Certification
• Forced, Convict & Indentured Labor
• National Labor Relations Board Certification
• Darfur certification (Non-IT only)
• Sweat Free Code (see the General Provisions)
• Expatriate PCC 10286
• Recycling
• Electronic Waste
• Use tax

This documentation shall be maintained as part of the procurement file.

Non-IT Goods and IT Goods and Services Transactions Valued from $10,000 to $50,000.00

Achieving competition within this dollar range is defined as receiving responsive bids from at least three (3) responsible bidders, if the solicitation is not advertised.  Please refer to the topics advertising requirements and dollar requirements by classification for additional information.

Whenever solicitations are advertised and distributed amongst interested bidders, bidder participation is not controlled, thus the solicitation may result in only one bid response.  If the sole bid response is considered responsible and responsive, then the contract may be awarded.  If not, then the solicitation must be canceled and re-issued.

Non-IT Goods Transactions Valued from $50,000.01 to $100,000.00 And IT goods and/or services Transactions Valued from $100,000.01 to $1,000,000

Competitive acquisitions conducted for non-IT goods and IT goods and/or services valued in this dollar range are considered “informal” but must:

• Be a written document
• Include a provision for notice of Intent to Award
• Provide language regarding protest procedures
• Be advertised

Whenever solicitations are and distributed amongst interested bidders, there is no control over bidder participation, thus the solicitation may result in only one bid response.  If the sole bid response is considered responsible and responsive, then the contract may be awarded.  If the sole bid response is not considered responsible and responsive, then the solicitation must be canceled and re-issued