PURCHASING SPECIFICATION - City of Pomona

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Subject: Janitorial Services (City Facilities) Page 6 of 37 TERMS & CONDITIONS Withdrawal of Proposal Any Contractor may withdraw his proposal, either personally or by written or telegraphic request, at any time prior to the time set for the proposal opening, provided that written confirmation of any telegraphic withdrawal of the signature of the Contractor is placed in the mail and postmarked prior to the time set for proposal opening. No proposal may be withdrawn or modified after the time set for the opening thereof, unless and until the award of the contract is delayed for a period exceeding 90 days. Negligence on the part of the Contractor in preparing his proposal confers no right of withdrawal or modification of his proposal after such proposal has been opened. Letters of Objection Any Contractor believing that any part of the Request for Proposal, including the specifications and/or the bidding and evaluation procedures, is discriminatory against the supplier or precludes the supplier from being given reasonable consideration in the procurement process must submit a letter ten (10) days prior to the scheduled opening date specified in the attached cover letter, to the City's Purchasing Manager clearly stating the specific objection and the resolution of such objection. Bidders are cautioned that any such objections not timely raised in the manner specified herein shall not be considered. The City, upon timely receipt of any such letter of objections, shall consider the bidder's objection and, when in the opinion of the City, a modification of the RFQ shall serve the best interest of the City, revisions to this RFQ, in the form of an Addendum shall be issued to all suppliers. Rejection of Proposal 1. The Request for Proposal does not commit the City of Pomona to award any contract. The City reserves the right at its sole discretion to reject any or all proposals without penalty, to waiver irregularities in any proposal or in the bidding procedures and to be the final judge as to which is the lowest and best proposal. Any proposal which contains items not specified, items which are incorrect, which does not complete all the items scheduled, or does not respond to items in the manner specified by this Request for Proposal, and proposals received by telephone, telegraph, or FAX may be considered non-responsive, any may be rejected on this basis. Proposals offering less than ninety (90) days for acceptance from the proposed closing date may be considered non-responsive and may be rejected. 2. Non-acceptance of any proposal will not imply any criticism of the proposal or convey any indication that the proposal or proposed system or equipment was deficient. Non-acceptance of any proposal will mean that another proposal was deemed to be more advantageous to the City of Pomona, or that no proposal was deemed acceptable. Alternative Proposals Contractors are encouraged to submit alternative proposals should they feel the need to do so. Alternative proposals should be clearly marked and identified as such. Each proposal will be carefully considered on its own merits, and must conform to all instruction in this RFQ for preparing and submitting proposals. Public Information All materials received relative to this RFQ will become public information and be available for inspection. The City reserves the right to retain all proposals submitted, whether or not the proposal was selected or judged to be responsive.
Subject: Janitorial Services (City Facilities) Page 7 of 37 Contractor's Cost to Develop Proposal Costs for developing proposals in response to this RFQ are entirely the obligation of the Contractor and shall not be charged in any manner to the City of Pomona. Proposal Validity Period Submission of a proposal will signify the Contractor's agreement that his proposal is valid for ninety (90) days from the date of opening. News Releases News releases pertaining to an award resulting from proposals made in response to this RFQ shall not be made by the Contractor without the prior written approval of the City of Pomona. In addition, the successful bidder must agree not to release any advertising copy mentioning the City of Pomona or quoting the opinion of any City employee without written approval by the City of Pomona. Right to Negotiate Proposals The City of Pomona reserves the right to negotiate any provision, accept any part except price, or all parts of any and all proposals whenever in the best interest of the City and the taxpaying public. Suppliers are encouraged to submit their best prices in their proposal. The City intends to negotiate only with those suppliers whose proposals are the lowest estimated cost, while most closely meeting the requirements of the City of Pomona. Contract Period Any contract entered into shall be for a period of one (1) year. Contract period will be July 1 through June 30 of any given year. Upon mutual agreement of the City of Pomona and the Contractor, this contract may be renewed on a year-to-year basis at the prices bid. In no event shall this contract be extended beyond a cumulative total of five (5) years. The City reserves the right to modify the levels of service, type of service, and other factors which the City deems necessary to meet its purposes through negotiation with the Contractor. Default of Contractor The City of Pomona shall hold the contractor responsible for any damage which may be sustained because of the failure or neglect of the contractor to comply with any term or condition listed herein. It being specifically provided and agreed that no change or substitution shall be made in the service offered without prior City approval. If the successful supplier fails or neglects to furnish any of the bid at the prices and time agreed upon, or otherwise fails or neglects to comply with the terms of the agreement, the City may, upon written notice to the contractor, cancel or rescind any or all items affected by such default and may procure the required products elsewhere without notice to the contractor. The prices paid by the City at the time such purchase shall be considered the prevailing market prices. Any extra costs incurred by such default may be collected by the City from the contractor. Non Exclusive Contract The City does not warrant to contract exclusively with a single contractor to perform the services described herein. Termination for Convenience The City may terminate its agreement with the contractor at any time by giving at least ten (10) days notice in writing. If the agreement is terminated by the City, the contractor will be paid for the time provided and expenses incurred up to the termination date. No additional liability shall be assumed by the City.
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PURCHASING SPECIFICATION - City of Pomona

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