INSTRUCTIONS TO BIDDERS FOR _____________
This Maine Municipal Association publication is presented for "Classroom Use Only." Its intended use is to stimulate and aid in discussion and role playing within a classroom setting.
Bids shall be received by the Town of _____________, Maine at the place and until the time specified in the "Invitation To Bid For ___________ " and then publicly read aloud for the information of bidders and other interested parties who may be present either in person or by representative.
1. PREPARATION OF BIDS
a. Bids shall be submitted in triplicate. Bid forms furnished by the Town of _____________ or copies thereof shall be used, and strict compliance with the requirements of the Invitation to Bid, these instructions, and the instructions printed on the forms is necessary. Any bidder not utilizing the Bid Proposal Form attached hereto as Exhibit 1 and Exceptions to Specification attached as Exhibit 2 shall be considered non-responsive to the Invitation to Bid. Each Bid Proposal Form must be accompanied by a copy of the Specifications.
b. Each bid must give the full business address of the bidder and be signed by an authorized representative or official of the entity bidding. Bids must be signed in the partnership name by one of the members of the partnership or by any authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter and such bid must be accompanied by a satisfactory Certificate of Corporate Resolution, properly executed, clearly stating that such person is authorized to so bind the corporation in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "President," "Secretary," "Agent," or other title without disclosing his principal, may be held to be the bid of the individual signing.
c. Erasures or other changes in the bids must be explained or noted over the signature of the bidder.
2. ALTERNATIVE BIDS - Alternative bids will not be considered unless explicitly called for in the Invitation to Bid.
3. INTERPRETATION OF CONTRACT DOCUMENTS - No oral interpretation will be provided to any bidder as to the meaning of the specifications or other contract documents. Every request for such interpretation shall be made in writing and addressed and forwarded to Mr./Ms.________, Town Manager, Town of _____________, Route_____, _________, Maine 04000-0000 three (3) or more days before the date fixed for the opening of bids. Every interpretation made to a bidder will be issued in the form of an addendum to the contract documents which, if issued, shall be sent as promptly as practicable to all persons to whom the specifications have been issued. All such addenda shall become part of the contract documents.
4. CONDITIONS OF WORK- Each bidder must visit the sites of work and inform himself of the conditions relating to the area in which the work shall be performed. Failure to do so will not relieve a successful bidder of his obligations to furnish all equipment, material and labor necessary to carry out the provisions of the contract documents and to complete the contemplated work for the consideration set forth in this Invitation to Bid. The Town of _____________ disclaims any and all responsibility for injury to bidders, their agents or others while examining the work site or at any other time.
5. EXAMINATION OF SPECIFICATIONS AND SCHEDULE - Each bidder or his authorized agent is expected to examine the specifications, contract documents and all other instructions pertaining to the work, which will be open to his inspection. Failure to do so will be at the bidder's own risk, and he cannot secure relief on the plea of error in the bid. At its sole discretion, the Town of _____________ may accept or reject bids that do not comply with the specifications, contract documents and all other instructions pertaining to the work.
6. PERSONS INTERESTED IN MORE THAN ONE BID - If more than one bid is offered by any one person by or in the name of his clerk, partner, or other person, all such bids shall be rejected.
7. QUALIFICATIONS OF BIDDER - Each bidder must furnish a statement of bidder's experience and his organization's experience with regard to the work contemplated. The statement shall be submitted with the bid. The Town of _____________ shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Town of _____________ all such information and data for this purpose as the Town of _____________ may request. The right is reserved by the Town of _____________ to reject any bid where an investigation of the evidence or information submitted by the bidder does not satisfy the Town of _____________ that the bidder is qualified to carry out properly the terms of the contract.
8. SUBMISSION OF BID - Each bid shall be placed in a separate envelope clearly marked on the outside "BID FOR _____________" and this envelope shall be placed in a second envelope for mailing purposes.
9. TIME OF OPENING OF BIDS - Bids received prior to the time of opening stated in the Invitation to Bid will be kept unopened in a secure place. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will attach to an officer for the premature opening of a bid not properly addressed and identified. Telegraphic bids will not be considered, but modifications by telegraph of bids already submitted will be considered if received prior to the hour set for opening.
10. WITHDRAWAL OF BIDS - Bids may be withdrawn on written request received from bidders prior to the time fixed for opening in the Invitation to Bid. Negligence on the part of bidder in preparing the bids confers no right for the withdrawal of the bid after it has been opened. No bids may be withdrawn within a period of thirty (30) days after the opening of bids.
11. BID DEPOSIT - All bidders must submit a bid deposit in an amount equal to ten percent (10%) of the bid amount in the form of a bid bond or certified check payable to the Town of _____________. Bid deposits shall be returned upon the signing of a Purchase and Sale Agreement, which shall be signed, if at all, no later than thirty (30) days after the opening of bids, and also shall be returned in the event that the Town rejects all bids. The above notwithstanding, however, should a bidder withdraw his bid within thirty (30) days after the opening of bids, that bidder's bid deposit shall be retained by the Town of _____________.
12. FORM OF AGREEMENT - The successful bidder shall be required to sign a Standard Town of _____________ Purchase and Sale Agreement, a copy of which is attached hereto as Exhibit 3.
13. AWARD OF CONTRACT - The _____________ Board of Selectmen reserves the right to reject any or all bids, to waive any or all formalities in the bidding, to evaluate bids, and otherwise to act as it deems to be in the best interests of the Town of _____________.
14. TAXATION AND COMPLIANCE - The Town of _____________ is a municipal corporation organized under the laws of the State of Maine and so its purchase of goods is exempt from State, federal and local sales and use taxes. The successful bidder agrees to comply with all applicable federal, State and local statutes, laws, codes, rules, regulations, ordinances and orders in the performance of the Contract.
Date: ________, Town of
_______________
By: ________________________
Town Manager