General Instructions for Proposers FINAL (1).pdf

GENERAL INSTRUCTIONS AND REQUIREMENTS FOR PROPOSERS

THESE INSTRUCTIONS, REQUIREMENTS AND ANY SPECIAL INSTRUCTIONS

CONTAINED IN THE REQUEST FOR PROPOSAL (RFP) DOCUMENT AND

SPECIFICATIONS ARE A PART OF THE TERMS AND CONDITIONS OF THE

PROPOSER’S PROPOSAL.

1. EXAMINATION BY PROPOSERS:

A. All individuals or entities submitting a proposal to this RFP (“Proposer(s)”) must examine the Special Provisions and including but not limited to the Notice to Proposers, all Documents Required for this Proposal, General Instructions, and proposed Agreement prior to electronically submitting any proposal. Failure to examine is at the Proposer's own risk as Proposer will be held to the terms, conditions and requirements therein.

B. Proposer may submit questions about the proposal process during the Question-and-Answer Period to the Trust in the Electronic Bidding System.

C. For technical or specification questions, the Trust will only respond by addenda, and only in its sole discretion. No communication through any other process, oral or written, will amend or revise the Services.

D. It is the Proposer's responsibility to check the Electronic Bidding System for Questions and Answers or Addendum posted.

2. SUBMISSION OF PROPOSALS ELECTRONICALLY TO THE CITY

CLERK/SECRETARY:

A. Proposals must be submitted through the Electronic Bidding System.

B. Instructions can be found here: https://faq.bidnetdirect.com/electronic-bid-submission/ C. Proposals will be opened at the time and on the date stated in the Notice to Proposers, or later. The Electronic Bidding System does not allow Proposals to be submitted after the deadline. There will be no exceptions to this policy.

D. The Trust does not provide access to a computer to prepare electronic proposals.

E. Proposers must register with the Electronic Bidding System here:

https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts to submit a proposal electronically. The Trust recommends potential Proposers register and become familiar with the Electronic Bidding System in advance of submitting a proposal. There is no charge to the Proposer for registering or submitting an electronic proposal to the Trust.

F. Proposer must timely submit the Proposal, and all Documents Required for this Proposal in accordance with the Instructions to Bidders on or before the date and time in the Notice to Proposers or later by Addendum in the Electronic Bidding System.

G. All handwritten proposal documents submitted in response to this solicitation must be written legibly. Illegible submissions may be deemed non-responsive and subject to disqualification at the sole discretion of the Contracting Entity. It is the Proposer's https://faq.bidnetdirect.com/electronic-bid-submission/ https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts responsibility to ensure that all handwritten entries are clear, complete, and easily understood.

H. Upload Proposal documents in PDF format in the Electronic Bidding System.

3. DESCRIPTIVE TERMS: Unless the term “no substitute" is used, the use of brand name, manufacturer, make, or catalog designation in describing an item does not restrict Proposers to that particular brand name, etc. The term is simply to indicate the type, character, quality and/or performance equivalence of the item desired. However, the proposed substitution item must be of such character, quality and/or performance equivalence as that indicated in the specifications. A proposed substitute item must include complete data as to the manufacturer's name, type, model number, any descriptive bulletins, and specifications.

4. EXCEPTIONS: The Proposer must timely submit any exceptions to the RFP and its terms and conditions, requirements, instructions, or the exhibits, including, but not limited to, Services in the electronic bidding system during the question period as identified in the RFP. Exceptions to the Service Agreement (Agreement) shall be submitted with the proposal on the proposal due date, the dates of which are as identified in the Special Provisions, Estimated Timeline. The Trust may modify the RFP by addendum issued through the electronic bidding system. The Trust’s RFP shall not be modified in any manner by the Proposer. Any Proposer exceptions to the RFP may be rejected, at the Trust’s sole option. A Proposer must timely submit exceptions in order for the Trust to consider. Failure to timely submit any exceptions shall be construed to mean that the Proposer agrees and proposes to provide the services exactly as described and in full compliance of the identified RFP terms and conditions, requirements, instructions, specifications, exhibits, including but not limited to the Services and proposed Agreement.

5. LETTER OF AUTHORIZATION:

A Letter of Authorization is provided to download on the Electronic Bidding System and must be attached and submitted when the Proposer is not authorized by statute to sign and bind the Proposer to the proposal.

6. EXEMPTIONS FROM CERTAIN TAXES: The purchase of certain goods or services by the Oklahoma City Airport Trust is generally exempt from the direct payment of most city, state, and federal sales, excise, transportation, and use taxes imposed by the federal, state and/or local governments. However, it shall be understood this tax-exempt status cannot be utilized by the successful Proposer. Proposers are not entitled to make purchases for the Agreement using the Trust’s exemption status. Any taxes that are not exempt must be included in the proposed price. No additional payment or compensation will be made for taxes.

7. PAYMENTS AND DISCOUNTS:

A. Payment for goods and services as specified in the Agreement/Contract shall be processed promptly after completion of delivery and acceptance of items and after receipt from Proposer of properly prepared invoice(s) and/or notarized claim voucher(s), if applicable.

B. Discounts for prompt payment will not be considered in proposal evaluations, unless otherwise specified. Discounts offered by the Proposer will be taken, however, if payment is made within the discount period.

C. Late charges cannot be assessed against the Oklahoma City Airport Trust.

8. CURRENCY: The Proposer agrees that all proposals are to be submitted in U.S. dollars.

Proposals submitted in any currency other than U.S. dollars may not be considered. The Proposer also agrees that all invoices shall be submitted in U.S. dollars and agrees to accept payment in U.S. dollars as full satisfaction of the correct invoiced amount unless otherwise agreed to in a negotiated contract.

9. AWARD OF AGREEMENT/CONTRACT: The Oklahoma City Airport Trust reserves the rights to award by item, groups of items or all items of the proposal; to reject any or all proposals in whole or in part; and waive technical defects, irregularities, and/or omissions.

10. PERFORMANCE BONDS OR GUARANTY: If required by the RFP, the successful

Proposer must submit the performance bond or a certified or cashier's check in the amount required and by the date requested prior to award of Agreement/Contract.

11. PATENTS, TRADEMARK AND LICENSE: The Proposer agrees to indemnify and save harmless the Oklahoma City Airport Trust and the City of Oklahoma City (“City”), including any of their employees, the purchasing agent and assistants from all suits and actions of every nature and description brought against the Proposer and/or any of its employees because of, or for the use of, patented, trademarks, or licensed goods, equipment, products, names, or processes. The Proposer shall pay all royalties and charges which are legal, and equitable evidence of such payment or satisfaction shall be submitted upon request of the Oklahoma City Airport Trust.

12. COMPLIANCE WITH APPLICABLE LAWS: All Proposers must comply with all applicable federal, state, or local laws and regulations, including Title VI and all provisions of the Civil Rights Act of 1964 42, U.S.C. § 2000d, et seq.

13. INSURANCE: The liability of the Oklahoma City Airport Trust for acts of negligence are limited and subject to the Governmental Tort Claims Act, 51 O.S. § 151, et seq.

14. RIGHT TO AUDIT: The Oklahoma City Airport Trust shall, at all times, have the right to examine books, papers, and records of the successful Proposer relative to all aspects of the Proposer’s proposal and the Agreements/Contracts awarded as a result of this proposal to confirm Agreement/Contract compliance. Failure to provide the requested information may result in termination of the Agreement/Contract. This right to audit only affects Agreement/Contract compliance as a result of this proposal and does not apply to Proposer records beyond the scope of the Agreement/Contract.

GENERAL INSTRUCTIONS AND REQUIREMENTS FOR PROPOSERS