ExhibitE-Bidder'sContractIssuesList-Draft.pdf

EXHIBIT E – BIDDER’S CONTRACT ISSUES LIST PAGE 1

(Rev 2022-11-16)

EXHIBIT E – BIDDER’S CONTRACT ISSUES LIST

(OPTIONAL)

Competitive Solicitation: No. 00224 – Audio-Visual Solutions

Bidder:

Type/print full legal name of bidder

INSTRUCTIONS

This Exhibit is optional. Bidders need only to complete and submit this Exhibit IF bidder has issues, concerns, exceptions, or objections to any of the terms or conditions contained in Exhibit D – Contract. In such case, bidder must use this Bidder’s Contract Issues List to identify the same as set forth below.

The Bidder’s Contract Issues List is designed to frame contract discussions, if any, between Enterprise Services and bidders regarding the Contract terms and conditions. In completing the Bidder’s Contract Issues List, bidders must:

A. Identify the specific Contract section/subsection that creates a business issue, concern, exception, or objection;

B. Describe, in business terms, the issue, concern, exception, or objection pertaining to the Contract section/subsection;

C. Propose, in business terms, a solution that is reasonable in light of the Competitive Solicitation and the procurement solution being sought by Enterprise Services; and

D. Provide bidder’ reason or rationale supporting bidder’s proposed solution, including how the proposed solution is commercially reasonable for a public contract, benefits both the bidder and Enterprise Services (and eligible purchasers) and equitably allocates contractual risk and return.

Please be advised. The Contract(s) to be awarded is the result of a Competitive Solicitation developed pursuant to Washington’s Procurement Code for Goods/Services that is designed to meet governmental needs for eligible purchasers. Enterprise Services endeavors to develop commercially reasonable Contracts that incentivize performance and equitably allocate risk and return based on stakeholder input from eligible purchasers, vendors, procurement professionals, and others. Accordingly:

▪ Contract revisions, if any, may NOT be bidder-specific, but must apply to all bidders.

▪ Redlined Documents Will Not Be Reviewed. Do not provide a redlined Contract or sections/subsections. Redlined text may result in Enterprise Services making potentially inaccurate assumptions regarding bidder’s issue(s). Instead, bidders must follow the instructions set forth above.

▪ ‘Standard’ Bidder Contracts Will Not Be Reviewed. Do not provide a copy of bidder's (or a third party’s) ‘standard’ contract or contract section. It will not be reviewed.

EXHIBIT E – BIDDER’S CONTRACT ISSUES LIST PAGE 2

▪ No Substantial Changes. Bidders are cautioned that this is a competitive solicitation for a public contract and Enterprise Services cannot and will not accept a bid or enter into a Contract that substantially changes the material terms and conditions set forth in this Competitive Solicitation and Contract. Bids that are contingent upon Enterprise Services making substantial changes to material terms and conditions set forth in the Competitive Solicitation or Contract likely will be determined to be non-responsive.

Enterprise Services will consider the number and nature of the items on Bidder’s Contract Issues List in determining the likelihood of completing a Contract with such bidder.

EXHIBIT E – BIDDER’S CONTRACT ISSUES LIST PAGE 3

BIDDER’S CONTRACT ISSUES LIST

NO.

A

CONTRACT

SECTION

B

ISSUE DESCRIPTION

C

BIDDER’S PROPOSED SOLUTION

D

BIDDER’S RATIONALE FOR PROPOSED

SOLUTION

1.

2.

3.

4.

5.

Return this Bidder’s Contract Issues List to Procurement Coordinator at:

DESContractsTeamCypress @des.wa.gov.