Section 4a-52-9 - Contract, rights of the state(a) Each bid will be received with the understanding that the acceptance in writing by the Commissioner of the offer to furnish any or all of the supplies, materials, equipment or contractual services described therein shall constitute a contract between the bidder and the State. Such contract shall bind the bidder on his part to furnish and deliver the supplies, materials, equipment or contractual services at the prices given and in accordance with conditions of said accepted bid and Sections 4a-52-1 through 4a-52-22 of the Regulations of Connecticut State Agencies. Such contract shall bind the State on its part to order the supplies, materials, equipment or contractual services from such contractor, except for causes beyond reasonable control, and subject to the availability of appropriated funds, and to pay for at the contract prices all supplies, materials, equipment or contractual services ordered and delivered. The State reserves the right to order up to ten percent more or less than the quantity listed in the bid or as amended in the award.(b) Subject to the acceptance of the contractor, quantities may be ordered against contracts by State agencies not originally or specifically mentioned. Quantities may also be transferred between agencies under an adjustment in transportation costs providing such transportation costs are based on separately determined delivery costs for individual agencies.(c) No alterations or variations of the terms of a contract shall be valid or binding upon the State unless made in writing and signed by the Commissioner.(d) Contracts shall remain in force for the full period specified and until all supplies, materials, equipment or contractual services ordered before the date of termination shall have been satisfactorily delivered and accepted (and thereafter until all terms and conditions have been met), unless:(1) Terminated prior to the expiration date specified by satisfactory delivery against orders of the entire quantities contracted for.(2) Extended in accordance with the provisions of Section 4a-59a of the Connecticut General Statutes upon written authorization of the Commissioner and acceptance by contractor to permit ordering of unordered balances or additional quantities at the contract price and in accordance with the contract terms.(e) Contract quantities will be assumed to have been ordered out at the expiration period according to the contract terms. The contractor must furnish a statement of unordered balances as required by the Commissioner, prior to the termination of the contract.(f) The contractor shall not assign, transfer, convey, sublet, or otherwise dispose of his contract or his right, title or interest therein, or his power to execute such contract, to any other person, firm or corporation, without the previous written consent of the Commissioner.(g) The placing of a notice of award in the mail to the bidder's address given in the bid or the delivery of a notice of award to a bidder will constitute notice of acceptance of the bid or proposal. If any bidder refuses to accept a contract awarded to him within ten days of said notice, such contract may be awarded to the next lowest responsible qualified bidder, and so on until such contract is awarded and accepted. Refusal to accept a contract after the ten day period shall not be considered and such bidder shall be subject to the provisions of subsection (i) of this section. When so requested by the Commissioner, the contractor shall execute a formal contract with the State for the complete performance specified therein.(h) The contract may be cancelled by the Commissioner upon non-performance of the contract terms or failure of the contractor to furnish performance surety within ten days from date of request. Any unfulfilled deliveries against such contract may be purchased from other sources at the contractor's expense.(i) Failure of a contractor to deliver supplies, materials, equipment or contractual services within the time specified on his bid, or as amended by the contractor and accepted by the Commissioner, or within a reasonable time as interpreted by the Commissioner, or failure to make replacement of rejected supplies, materials and equipment or fulfill unperformed contractual services when so requested, immediately or as directed by the Commissioner, will constitute authority for the Commissioner to purchase on the open market supplies, materials, equipment or contractual services to replace those which have been rejected, not delivered, or not performed. The Commissioner reserves the right to authorize immediate purchases on the open market against rejections on any contract when necessary. On all such purchases, the contractor shall promptly reimburse the State for excess costs occasioned by such purchases. Such purchases will be deducted from the contract quantities. However, should public necessity demand it, the State reserves the right to use or consume supplies, materials, equipment or contractual services delivered which are substandard in quality, subject to an adjustment in price to be determined by the Commissioner.(j) When supplies, materials, equipment or contractual services are rejected, they must be removed by the contractor from the premises of the agency within forty-eight hours after notification, unless public health and safety require immediate destruction or other disposal of such rejected delivery. Rejected items left longer than forty-eight hours will be considered abandoned and the State shall have the right to dispose of them as its own property.(k) A contract or bid acceptance is not an order to ship. Purchase orders against contracts will be placed by agencies directly with the contractor. All orders must be in writing and must bear the contract number and approval of the State Comptroller. A contractor making delivery without formal written order does so at his own risk.Conn. Agencies Regs. § 4a-52-9
Effective September 1, 1992