ITB Bidders Representation March2025_1.pdf

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Attached to
Dried Fruits and Nuts
Solicitation number
ITB-PRC-FY26-0617
Issued by
Santa Clara County, California

About this file

This is a Bidder's Representations document for an Invitation to Bids (ITB) issued by the County of Santa Clara, California, for the procurement of Dried Fruits and Nuts to support the County Sheriff's Department of Correction Food Services. The document establishes the formal representations and certifications that bidders must acknowledge upon submission of their bid response. Bidders must confirm they have thoroughly reviewed all ITB materials, possess the capability to fulfill the contract requirements, and understand that their bid constitutes a firm and irrevocable offer valid for 90 days from the submission deadline. All bids must be submitted electronically through the County's E-sourcing system (BidSync), and bidders acknowledge that the County reserves the right to conduct inquiries to verify submitted information. The document explicitly states that any modifications to bids cannot be considered after the closing date and that acceptance of a bid creates a binding contract with liability for non-performance.

Bidders must certify that all information in their bid is true and accurate, that they have not received unauthorized information from County staff or consultants beyond what was provided in official ITB materials or pre-bid conferences, and that they have not engaged in unethical behavior or collusion. The document requires bidders to accept all terms and conditions outlined in the associated Terms and Conditions Exhibit and Insurance requirements without exception; any bid taking exception to these terms will be deemed non-responsive and eliminated from consideration. Bidders are solely responsible for the secure submission and protection of their information within the County's E-sourcing system, and technical difficulties experienced during submission will not result in automatic ITB cancellation or bid modification requests.

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Text version

BIDDER'S REPRESENTATIONS

Bidder understands, agrees, and warrants:

1. That Bidder has carefully read and fully understands the information that was provided by the County to serve as the basis for submission of this bid;

2. That Bidder has the capability to successfully undertake and complete the responsibilities and obligations of the bid being submitted;

3. That the bid constitutes an offer that shall be firm and irrevocable for 90 days from the deadline for submission offers;

4. That acceptance by County of one or more bids/offers shall create a binding contract obligating offeror(s) whose offer is accepted to perform as well as creating liability for non-performance. Acceptance by County of one or more offers shall not constitute termination or revocation of the remainder of the offers;

5. That all information contained in the bid is true and correct to the best of Bidder’s knowledge;

6. That Bidder has electronically submitted a non-collusion affidavit and accepted the terms associated with the submission of the affidavit;

7. That Bidder did not receive unauthorized information from any County staff or consultant during the bid period except as provided for in the ITB package, addenda thereto, or the pre-bid conference, if applicable;

8. That by submission of this electronically submitted bid, the Bidder acknowledges that the County has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Bidder, and Bidder hereby grants the County permission to make said inquiries, and to provide any and all requested documentation in a timely manner;

9. That Bidder offers and agrees to furnish the items specified in the ITB in accordance with the specifications, instructions, terms, and conditions stated herein. Any additional or different terms or qualifications sent by bidder, including, without limitation, in mailings, attached to invoices or with any items shipped, shall not become part of the contract between the parties. County’s acceptance of contractor’s offer is expressly made conditional on this statement;

10. That Bidder is solely responsible for the preparation and submission of its response electronically in County’s E-sourcing system and for ensuring that its response is complete and submitted timely;

11. That Bidder has investigated all aspects of the ITB including all addenda; is aware of the applicable facts pertaining to the ITB process, its procedures and requirements; has read and understands the ITB; and that no request for modification of the bid shall be considered after the closing date and time for the ITB on the grounds that the Bidder was not fully informed as to any fact or condition;

12. That Bidder shall only submit its response through BidSync and not submit responses via any other mechanism including, but not limited to, post, courier, fax, e-mail, or orally;

13. That the ITB will not be automatically cancelled because of difficulties experienced by a Bidder while attempting to participate in the ITB through County’s E-sourcing system;

14. That Bidder shall not engage in or participate in any unethical behavior;

15. That Bidder is solely responsible for ensuring that it posts information in County’s E-sourcing system in a secure manner and is solely responsible for any breach of its information;

16. That if there is a conflict between the information contained in the ITB and any County’s E-sourcing system tutorials or help materials, the information contained in the ITB shall govern the ITB process; and

17. That by electronically submitting the Bid Form in response to this ITB, Bidder is accepting all the terms and conditions contained in the Terms and Conditions Exhibit and the Insurance requirements set forth in the Insurance Exhibit in this ITB and Bidder understands that taking exception to any of the terms contained in those Exhibits will be deemed to have submitted a non-responsive bid; and the bid will be eliminated from consideration.

No Bid shall be accepted which has not been signed in the appropriate space below.

By signing below, the submission of a bid shall be deemed a representation and certification by the Bidder that it has investigated all aspects of the ITB, that it is aware of the applicable facts pertaining to the ITB process, its procedures and requirements, and that it has read and understands the ITB. No request for modification of the bid shall be considered after its submission on the grounds that the Bidder was not fully informed as to any fact or condition.

Bid No.: _________________________ Bid Title: ___________________________

Authorized Signature: ______________________________ Date: _____________

Print Name: __________________________________________________________

Title: _________________________________________________________________

Telephone Number: ______________________ Email: _______________________

Supplier Name: _______________________________________________________

Address: _____________________________________________________________

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