RFB Procurement Pricing Agreement.pdf

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PRICING AGREEMENT

INSTRUCTIONS: Failure to complete and timely sign and submit this Pricing Agreement, the Item

Response Form and the Documents Required for this Bid through the Electronic Bidding System will result in rejection of your Bid. It is essential that you are aware of its terms, conditions and requirements as well as those contained in the Bid Specifications.

THIS PRICING AGREEMENT is made and entered into, by and between the Contracting Entity set forth on the Notice to Bidders herein referred to as the "Contracting Entity."

WITNESSETH:

WHEREAS, the governing body of the Contracting Entity has approved certain Bid Specifications and requested by notice that bids be submitted thereon; and

WHEREAS, this document, until executed by Contracting Entity, constitutes the Bidder's Bid; and

NOW, THEREFORE, that in consideration of the covenants, agreements and representations as hereinafter set forth, it is mutually agreed by the parties that:

1. Performance. The Bidder agrees to sell and timely deliver to the Contracting Entity the Bid Items specified on the Item Response Form, which is attached hereto and made a part of this Pricing Agreement.

2. Fluctuation in Price. The parties assume and understand that the variables in the Bidder's cost of performance or provision may fluctuate; consequently, the parties agree any fluctuations in the Bidder's costs will not alter the Bidder's obligations under this Pricing Agreement nor excuse performance or delay on the Bidder's part.

3. Conformity. The Bidder expressly warrants that all Bid Items will conform to the Bid Specifications, Item Response Form and Documents Required for this Bid submitted with the bid, which are hereby incorporated as if fully set forth herein; and further warrants that the same shall be of good material and workmanship, and free from defects.

4. Risk of Loss. The risk of loss or damage shall be borne by the Bidder at all times until the acceptance of Bid Items, properly packed, by the Contracting Entity.

5. Payment. The Contracting Entity agrees to pay to the Bidder in accordance with the Bid Specifications for the actual Bid Item accepted at the unit price bid and upon the proper and timely invoicing by the Bidder, and approval by the Contracting Entity of a verified claim for the amount due.

6. Non-Discrimination Statement. The Bidder agrees, in connection with the performance of work under this Pricing Agreement:

A. That the Bidder will not discriminate against any employee or applicant for employment, because of race, creed, color, sex, age, national origin, ancestry, disability and any class protected pursuant to federal and/or state law. The Bidder shall take affirmative action to ensure that employees are treated without regard to their race, creed, color, age, national origin, sex, ancestry, disability or any other federally protected or state-protected class. Such actions shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment, advertising, lay-off, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

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B. The Bidder agrees to post, in a conspicuous place available to employees and applicants for employment a copy of this Non-Discrimination Statement and that the Bidder agrees to include a copy of this non-discrimination requirement in any subcontracts connected with the performance of this

Pricing Agreement.

C. In the event of the Bidder’s non-compliance with the above non-discrimination requirement, this

Pricing Agreement may be canceled or terminated by the Contracting Entity. The Bidder may be declared by the Contracting Entity ineligible for further Pricing Agreement[s] with the Contracting

Entity until satisfactory proof of intent to comply is made by the Bidder.

7. Non-Collusion Statement.

A. I certify that:

1. I am authorized to represent the Bidder and confirm no collusion or improper conduct occurred regarding this bid or acquisition.

2. I am fully aware of all facts related to this bid and have been directly involved in its preparation.

3. Neither the business entity that I represent nor anyone under its control has:

a. Engaged in collusion to restrict competition or fix bids;

b. Colluded with state officials or employees regarding contract terms; or

c. Exchanged money or favors for special consideration in the prospective contract.

B. I certify, if awarded the contract, whether competitively bid or not, neither the business entity I represent nor anyone subject to the business entity’s direction or control, has or will pay, give, or donate money or anything of value, directly or indirectly, to any state officer or employee to procure this contract.

8. Entire Agreement. This Pricing Agreement, Item Response Form, Bid Specifications, Documents

Required for this Bid, and General Instructions constitute the entire understanding and agreement of the parties upon the subject matter hereof. There is no agreement, oral or otherwise, which is not contained in or attached to this Pricing Agreement. This Pricing Agreement may not be modified or assigned unless approved in writing and signed by both parties.

9. Governing Law. This Pricing Agreement shall be governed by the laws of the State of Oklahoma and the parties agree that the venue for any dispute will only be a state or federal court in Oklahoma County, Oklahoma.

10. Compliance with Applicable Law. The Bidder shall be responsible for complying with all applicable federal, state, and local laws.

11. Status Verification System. If submitting a bid for services, the Bidder certifies that they, and any proposed subcontractors, are in compliance with 25 O.S. §1313 and participate in the Status Verification

System. The Status Verification System is defined in 25 O.S. §1312 and includes but is not limited to the free Employment Verification Program (E-Verify) through the Department of Homeland Security and available at www.dhs.gov/E-Verify.

The undersigned individual states that the Bidder will be bound by its Item Response Form, the Bid

Specification, the Pricing Agreement, and all requirements for Bidders.

Note: The owner or an authorized officer or agent of the Bidder must sign this document. A Letter of

Authorization is required for any signatory other than the individual Bidder, owner of a sole proprietorship, or an officer whose authority is established by law. For instance, if a Salesman signs this Pricing Agreement, a

Letter of Authorization must accompany the Bid through the Electronic Bidding System.

http://www.dhs.gov/E-Verify

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Instructions: Bidder must type or legibly handwrite the following information and upload the document in PDF format in the Electronic Bidding System when submitting the Bid.

Bidder’s Entity Name

Note: Bidder’s entity name must match the Vendor Contact Form, this Pricing Agreement, certificate of insurance, and any other required bidding documents.

Print Name of Bidder’s Authorized Officer or Agent Title

Signature of Bidder's Authorized Officer or Agent

Bidder’s Address City State Zip Code

Bidder’s Telephone Number Email