Vendors: Doing Business with Colorado Mountain College

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How to do Business with CMC

Introduction

Colorado Mountain College (“CMC”) values our business partners and the contributions you make in supporting our staff, faculty and students. The Purchasing and Contracts Department is committed to a transparent and inclusive contracting process that awards college work to responsive and responsible suppliers. This webpage contains the information you need in order to do business with CMC.

Authority to Purchase

The CMC Board of Trustees (the “Board”) is responsible for entering contracts and agreements on behalf of the college. The Board designates that authority to our President who names other designees, with the Assistant Vice President of Business Services signing supplier contract. Purchasing decisions at CMC are decentralized and personnel at the campus and department level interact directly with our suppliers. However, those personnel are not authorized to bind the college and the issuance of purchase orders and contracts is centralized in the Purchasing Department. For purchases of goods over $5,000 or services, a Purchase Order must be issued by the CMC Purchasing Department prior to delivery or performance.

Tax Exempt Status

CMC, as a public agency, is exempt from all applicable federal, state and local taxes. Our tax exempt number is 98-00796.

Gifts and Gratuities

CMC adheres to the State of Colorado Procurement Code of Ethics. It is against CMC policy for anyone involved with purchasing goods or services on behalf of the college to accept gifts, entertainment, favors or services from present or potential suppliers.

Spending Limits

CMC is funded in large part with taxpayer money and has a fiduciary responsibility to protect the public trust. The following limits are designed to get appropriate approval internally to commit funds and to ensure that our supplier community has the opportunity to compete for CMC projects:

  • Expenditures of more than $5,000 require a Purchase Order to be issued prior to the goods being delivered and/or service(s) being performed.
  • Contracts of value greater than $100,000 in any year must be signed by both the Assistant Vice President of Business Services and the President (or designee).
  • Contracts of more than $500,000 require pre-approval from the Board of Trustees. Please be advised that meetings are somewhat infrequent (about 7 per year) and the purchase request may need to come in front of the Board more than once. If you are providing goods or services of more than $500,000 allow plenty of time for the process to take place prior to a CMC purchase order being issued.
  • Construction projects of more than $50,000 are required to have contractors carry payment and performance bonds.

Bid Process

Purchases of goods of more than $10,000 and services of more than $50,000 are subject to a required competitive process.

We announce all RFQs and RFPs using Rocky Mountain E-Purchasing System which will have link to direct bidders to Workday Strategic Sourcing (“WSS”). All documents and information are located on, and bids are also submitted through, WSS. To register for BidNet please use the link above.

Supplier Registration

It is not necessary for suppliers to be pre-registered with CMC or be on a pre-approved supplier list. We establish a supplier in Workday the first time we do business together. To register as a supplier, you will receive a Supplier Registration Form along with a current W-9 We regret that our staff cannot accommodate all suppliers seeking an introductory meeting.

How to Accept Payment

CMC relies on a purchasing card program for purchases of product under $5,000. CMC prefers to pay with a P-card in many of these situations. If a P-Card is not accepted by a supplier, purchases of less than $5,000 will be paid through our supplier invoice process and will be paid with a check or ACH.

Invoices should be sent to the CMC personnel responsible for the purchase at the “ship-to” address on the purchase order. It is the responsibility of the individual campuses to process an invoice for payment. Checks and ACH payments are generally issued twice a week.

Purchase terms default to net 30 days. Suppliers providing services to the college and/or goods that require an outlay of funds from the supplier prior to CMC payment may be paid in more than one installment in some cases, subject to CMC approval. Please submit any such request on the Supplier Registration Form.

Insurance Requirements

CMC requires all service suppliers to be insured, and a current, compliant insurance certificate will be collected unless an exception is otherwise made. During the processing of a Purchase Order, insurance requirements will be assigned. You can send our CMC Insurance Requirements to your insurance agent or broker and they will work directly with our risk management team to make sure the certificate is compliance. Our requirements are standard and used by most public entities.

Multiple Fiscal Year Obligations

All financial obligations of the College subsequent to the fiscal year ending June 30 are contingent upon funds being appropriated, budgeted or otherwise made available by the Board of Trustees.

Indemnification

Indemnification is holding another party harmless in the event a problem occurs. Because there is no way to know what that contingent liability may be in the future, it is not possible for CMC to appropriate those funds. As a result, it is not lawful for CMC to indemnify another party. Supplier indemnification provisions will be excluded by the College in any contracts or agreements.

Federally Funded Contract or Grant Flowdown Provisions

If CMC has entered into an Agreement with either the U.S. Government, or another entity who has itself entered into an Agreement with the U.S. Government, that Agreement requires that certain federal contract provisions described in the Federal Acquisition Regulations provisions be made a part of any subsequent Purchase Order or agreement issued by CMC related to furthering the performance or deliverables required under the Agreement.

The Supplier must agree to these terms and also agrees to flowdown the applicable clauses to its lower-tier subcontractors.

Purchase Order Terms and Conditions

All suppliers shall agree to be bound by the College's Purchase Order Terms and Conditions.

  1. Offer/Acceptance

    If you have submitted a bid/quote/proposal to us this Purchase Order is an acceptance of your offer. If you have not submitted a bid/quote/proposal to us, this Purchase Order is an offer to buy, subject to your acceptance, which must be demonstrated by your written acknowledgement or fulfillment of the specifications in this Purchase Order. To the extent there is any inconsistency between this Purchase Order and your offer or any other agreement, except a duly authorized and signed agreement between the parties, the terms of this Purchase Order shall control. Except as expressly provided herein, this Purchase Order supersedes all prior communications, oral and written.

  2. Acknowledgement

    Supplier acknowledges that all terms as to quantity, quality, price, time of delivery and other specifications are material elements of this Purchase Order and must be strictly complied with.

  3. Quality

    The supplier agrees to furnish the products and/or services in strict accordance with the specifications and at the price set forth for each item. None of the terms or specifications stated in this Purchase Order may be added to, modified, superseded or otherwise altered except in writing, signed by an authorized representative of the College Purchasing Department or Executive Office and sent by the College to supplier.

  4. Termination Prior to Performance

    Purchase Orders may be terminated in writing to the address on the Purchase Order at any time before delivery for the convenience of the College. College also reserves all rights under the Uniform Commercial Code (UCC) Article 2-609 regarding insecurity of supplier’s ability to perform.

  5. Termination After Contract Formation or Performance

    1. Failure of Supplier to Deliver. In the event that supplier fails to deliver or perform as and when promised, the College reserves the right to cancel its order, or any part thereof, without prejudice to its other rights, and supplier agrees that the College may return all or part of any shipment so made, and may charge supplier with any loss or expense sustained as a result of such failure to deliver or perform as promised. Time is of the essence.
    2. Unless otherwise agreed in writing, in addition to the rights and remedies governing the transaction of goods in the UCC, the Purchasing Director may terminate this Purchase Order in whole or in part, for the convenience of the College. The Purchasing Director shall give written notice of the termination to the supplier specifying the part of the Purchase Order terminated and when termination becomes effective. Upon receipt of the notice of termination, the supplier shall incur no further obligations except to the extent necessary to mitigate costs of performance. Upon such termination, the College shall pay supplier for all delivered and accepted goods, supplies and services but shall not be liable for any undelivered or unaccepted goods, supplies and services that were previously anticipated under this Purchase Order.

  6. Delivery/Inspection/Acceptance

    1. Unless otherwise specified in the solicitation or in this order, delivery shall be F.O.B. destination. The title and risk of loss of the goods shall not pass to the College until the College actually receives the goods. All risk of transportation and all related charges shall be the responsibility of supplier.
    2. The College is relying on the promised delivery date, installation, and/or service performance set forth in supplier’s bid or proposal as material and basic to the College’s acceptance. If supplier fails to deliver or perform as and when promised, the College, in its sole discretion, may cancel its order, or any part thereof, without prejudice to its other rights, return all or part of any shipment so made, and charge supplier with any loss or expense sustained as a result of such failure to deliver or perform as promised. Time is of the essence.
    3. The College shall have the right to inspect and test the goods at delivery before accepting them. If the College elects to inspect or test, successful completion of such inspection and testing shall be a prerequisite to the College’s acceptance. Payment shall not constitute acceptance.
    4. The College shall notify the supplier promptly of any damaged goods or goods not in conformity with the terms of this Purchase Order. If any goods are not in conformance with this Purchase Order the College may (1) retain all or any portion of the goods delivered under this Purchase Order and return, at supplier’s sole cost and expense, those goods not retained- all without waiver of any claim the College may have for supplier’s breach including, without limitation, the right to damages and the right to cancel this Purchase Order, (2) rescind this Purchase Order as to such non-conforming goods and the College shall receive a full refund, (3) accept such nonconforming goods at an equitable reduction in price, or (4) reject the nonconforming goods and require delivery of suitable replacements. A breach of this Purchase Order by supplier may, in the College’s sole discretion, constitute a breach by supplier of any other Purchase Order between supplier and the College entitling the College, in addition to any other remedies it may have, to cancel such other Purchase Order.

  7. Pricing

    1. Prices may not be increased for any reason whatsoever, without the College’s express written consent. If price is omitted on the Purchase Order, supplier’s price will be the lowest prevailing market price.
    2. The College will not be charged for postage, packing, or other charges unless specifically set forth on the face of this Purchase Order.

  8. Payment

    Payment will only be made upon submission of an acceptable invoice dated after the date of the Purchase Order. Payment periods will start from the date of receipt of acceptable invoice or from date of receipt of acceptable merchandise at destination by authorized College agent, whichever is later. Reimbursement for expenses shall only be as pre-approved by the College and shall be submitted and processed per College policy and procedure.

  9. Taxes (State Tax Exemption Number 98-00796) (FEIN Number 84-0567768)

    The College is a statutory local college district in the State of Colorado and is exempt from all Federal taxes under Chapter 32 of the Internal Revenue Code and from all City and State taxes and use taxes.

  10. Intellectual Property

    All research, data, plans, documents and the like relating to or arising from this Purchase Order are property of the College unless otherwise specified in the Scope of Work. Any reuse without prior written authorization is prohibited.

  11. Warranty

    Supplier warrants that the goods covered by this Purchase Order are of excellent quality, are safe and fit for their intended purposes, and that such goods and their purchase and use by the College will not infringe upon or violate any patent, copyright, trademark, service mark or other right. Additionally, all provisions and remedies of the Colorado UCC relating to both implied and express warranties are herewith referred to and made a part of this Purchase Order (including that the goods are free from defects in title, workmanship and material, free from defects in design, and of merchantable quality suitable for the purposes of the College). Further, supplier shall deliver to the College at the time of delivery of goods all applicable manufacturer warranties, and other express warranties applicable to such goods. Any supplier providing services shall perform all services in a good and workmanlike manner, to the reasonable satisfaction of the College. Supplier agrees, at its own expense, to diligently correct any work and replace any goods or materials deemed unsatisfactory by the College.

  12. Jurisdiction

    This Purchase Order shall be construed in accordance with the laws of the State of Colorado. In the event any dispute arises hereunder, the venue for any legal proceedings shall be in Garfield County, Colorado, and supplier hereby submits and agrees to the jurisdiction of the courts therein. The Colorado UCC shall apply to the interpretation and application of this Purchase Order to the extent consistent with the terms herein set forth.

  13. Compliance with Laws

    Supplier at its expense shall comply with all applicable Federal and State laws, rules, regulations, orders and ordinances from time to time in effect regarding the sale of goods or services under this Purchase Order; and upon reasonable request, supplier at its expense will execute and furnish to the College appropriate written certifications of compliance. The supplier is responsible for obtaining any and all licenses and permits required for the performance of this Purchase Order. Where applicable, such compliance shall include but not be limited to the Colorado Anti-Discrimination Act of 1957, as amended; the Rehabilitation Act of 1973, as amended; the Code of Federal Regulations provisions regarding equal employment opportunity, affirmative action, employment for disabled veterans and veterans of the Vietnam era, and employment of the handicapped; the Anti-Kickback Act of 1986; the Americans with Disabilities Act; and, with all rules, regulations and orders issued thereunder; and FERPA.

  14. Independent Contractor

    The supplier shall perform its duties hereunder as an independent contractor and not as an employee. Neither the supplier nor any agent or employee of the supplier shall be or shall be deemed to be an agent or employee of the College. Supplier shall pay when due all required employment taxes and income tax withholding including all Federal and State income tax and local head tax on any monies paid pursuant to this Purchase Order. Supplier acknowledges that the supplier and its employees are not entitled to unemployment or workmen’s compensation insurance benefits from College and that College does not pay for or otherwise provide such coverage. Supplier shall have no authorization, express or implied, to bind the College to any agreements, liability, or understanding except as expressly set forth herein. Supplier shall be solely responsible for the acts and omissions of Supplier, its employees, and agents.

  15. Assignment

    Neither party to this Purchase Order may assign any portion of this agreement without the prior written consent of the other party.

  16. Fund Availability

    All financial obligations of the College subsequent to the fiscal year, ending June 30, are contingent upon funds for this purpose being appropriated, budgeted, and otherwise made available by the College Board of Trustees. This Purchase Order shall not be deemed to create any multiple-fiscal year direct or indirect debt or other financial obligation whatsoever for purposes of Section 20(4)(b) of Article X of the State Constitution (Amendment 1).

  17. Exclusivity

    It is expressly understood that this Purchase Order does not grant supplier an exclusive privilege to furnish to the College any or all of the type of products and services, which are the subject of this Purchase Order, which the College may require. The College expressly reserves the right to contract with others for the purchase of products and services comparable or identical to the products and services that are the subject of this Purchase Order.

  18. Indemnification

    Supplier will indemnify, defend and hold the College harmless from and pay for any loss, damage, judgment, cost or expense (including without limitation, legal fees and court costs) arising out of (i) any actual or alleged death of or injury to any person, any actual or alleged damage to or destruction of any property, or any other actual or alleged damage or loss whatsoever, resulting or alleged to result in whole or in part from any actual or alleged defect in any goods or services covered by this Purchase Order, whether latent or patent and including, without limitation, any actual or alleged failure by such services and goods or the manufacture, possession, use or sale thereof to comply with any law, rule, regulation, ordinance or order; and (ii) any breach by supplier contained in this Purchase Order. Supplier shall be solely responsible for any and all losses, damages, injuries, or expenses, include consequential damages, incurred by supplier in connection with its performance pursuant to this Purchase Order. The College shall not be liable for and shall not indemnify supplier for any such losses, damages, injuries, or expenses.

  19. Insurance

    In accordance with the policies and procedures of the College, all suppliers and service providers must maintain certain insurance and specified limits for the duration of the contract. Supplier represents it carries currently in-force liability insurance as outlined in the College’s Insurance Requirements attached hereto. The College reserves the right to ask for proof of this insurance.

  20. Rights and Remedies

    The rights and remedies of the College under this Purchase Order are cumulative and not exclusive of any rights or remedies to which the College is entitled by law. The exercise by the College of any right or remedy under this Purchase Order or under applicable law will not preclude the College from exercising any other right or remedy under this Purchase Order or to which the College is entitled by law.

  21. CORA

    It is understood that the College is a public institution and, as such, is subject to the Colorado Open Records Act, CRS §§ 24-72-101 et. seq. (“CORA”). Except as otherwise agreed prior to the award or finalization of any supplier transaction, College shall provide upon request by any third party all information pertaining to such transaction which must be disclosed pursuant to CORA, and College’s obligations under CORA supersede its obligations under any agreement, contract, purchase order or negotiated transaction.

  22. Workers Without Authorization

    Supplier certifies pursuant to C.R.S. § 8-17.5-102(1) that, at the time of proposal submission, it does not knowingly employ or contract with a worker without authorization and that the contractor has participated or attempted to participate in the Basic Pilot Program that is administered by the United States Department of Homeland Security in order to verify that it does not employ any worker without authorization.

  23. Sensitive Data

    To the extent suppliers come in to contact with individual personal data owned or otherwise held by the College as a result of performance under this Purchase Order, supplier agrees to use such data, if at all, only to the extent required to perform its obligations under this Purchase Order, and to abide by the requirements of any federal, state and local laws that address the protection and/or use of such data.

  24. Background Checks

    If supplier or supplier’s employees or agents (a) are engaged in supervision of or exposure to College students, minors or other vulnerable populations; (b) have access to confidential information, which includes any information protected or restricted by law or College policy or that is expressly identified by the College as confidential information; (c) have access to the College’s information technology systems; or (d) are engaged in activities that involve unique or specialized risks, supplier shall take all commercially reasonable measures to mitigate any risks, which measures may include but are not limited to conducting criminal history checks, financial background checks, or reference checks on such employees or agents.

  25. Federal Flowdown Provisions for Federally Funded Contracts and Grants

    If this Purchase Order is funded by federal funds, supplier hereby agrees to be subject to all applicable Federal Acquisition Regulations flowdown provisions and agrees to flowdown the applicable clauses to its lower-tier subcontractors, and agrees that the clauses are in effected between it and the College, as applicable.

  26. Digital Accessibility

    The College affords equal opportunity to individuals in its employment, services, programs, and activities in accordance with federal and state laws. This includes effective communication and access to electronic and information communication technology resources for individuals with disabilities. Contractor shall: (1) deliver all applicable services and products in reasonable compliance with applicable College standards (for example, Web Content Accessibility Guidelines, Level AA or Section 508 Standards for Electronic and Information Technology as applicable); (2) upon request, provide the College with its accessibility testing results and written documentation verifying accessibility; (3) promptly respond to and resolve accessibility complaints; and (4) indemnify and hold the university harmless in the event of claims arising from inaccessibility.

  27. Terms

    The terms “the College”, “we” and “us” shall refer to Colorado Mountain College, a local college district, the purchaser identified on the front side of this Purchase Order. The terms “supplier” and “you” shall refer to the supplier identified on the front of this Purchase Order.

  28. Miscellaneous

    1. The invalidity or unenforceability of any provision of this Purchase Order under any present or future law, rule, regulation or ordinance will not affect any other provision of this Purchase Order, and the remaining provisions of this Purchase Order shall continue with the same force and effect as if such invalid or unenforceable provision had not been inserted in this Purchase Order.
    2. No term or condition of this Purchase Order shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS-24-10-101 et seq. the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended.
    3. All goods delivered, and labor performed under this Purchase Order shall be free of all liens and, if the College requests, a formal release of all liens shall be delivered to the College.
    4. No revision of this Purchase Order shall be valid unless made in writing and signed by a duly authorized representative of the parties.