RFP General Instructions.pdf

RFP.GI.VI.2025 Page 1

GENERAL INSTRUCTIONS

1. DEFINITIONS

A. The term "Contracting Entity" shall mean the entity identified in the Notice to

Proposers. The City of Oklahoma City and any Public Trust of which The City of Oklahoma City is beneficiary may choose to avail itself of the goods or services, from the Professional Services Agreement. Should the City of Oklahoma City or a Public Trust choose to avail itself of this Professional Services Agreement, the Proposer(s) will provide the goods or services in accordance with the terms and conditions of the Professional Services Agreement, which will be deemed to be included by reference in the purchase order and the Proposer will treat the purchase order as a separate agreement with that entity.

B. The term “Proposer” shall mean the person or entity proposing to supply the goods and/or services as set forth in the Proposal Special Provisions.

C. The term “Goods or Services” shall mean the goods and/or services identified in the Proposal Special Provisions.

2. EXAMINATION OF INSTRUCTIONS AND REQUIREMENTS BY PROPOSER

A. All Proposers must examine the Proposal Special Provisions and including but not limited to the Notice to Proposers, all Documents Required for this Proposal, General Instructions, and sample Professional Services Agreement, prior to electronically submitting any proposal. Failure to examine is at the Proposer’s own risk as the 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 Contracting Entity on the Electronic Bidding System.

C. For technical or specification questions, the Contracting Entity 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 Proposal Special Provisions.

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

3. SUBMISSION OF PROPOSALS BY THE ELECTRONIC BIDDING SYSTEM TO

THE CITY CLERK/SECRETARY

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

B. 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.

C. The Contracting Entity does not provide access to a computer to prepare electronic proposals.

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

https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts to submit a proposal electronically. The Contracting Entity recommends potential Proposers https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts

RFP.GI.VI.2025 Page 2 register and become familiar with the Electronic Bidding System in advance of submitting a proposal. The link above includes instructions, resources, and helpful information for responding to solicitations and navigating the Electronic Bidding System.

E. There is no charge to the Proposer for registering or submitting an electronic proposal to the Contracting Entity.

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

a. Any Proposal may be withdrawn until date and time in the Notice to Proposers or later by Addendum in the Electronic Bidding System.

b. Any Proposal not withdrawn shall constitute an irrevocable offer for a period of ninety (90) days to provide the Contracting Entity the services set forth in the attached Request for Proposals, or until the proposals have been approved.

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 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.

I. The Contracting Entity reserves the right to request clarification of information submitted and to request additional information from any or all Proposers.

J. The Contracting Entity reserves the right to reject any or all Proposals or to award the Agreement to the next most qualified Proposer(s) if the successful Proposer(s) does not execute an Agreement within thirty (30) days after award of the Proposal.

4. PROPOSAL GUIDELINES

A. A copy of the Proposal Guidelines and Procedures may be obtained from the City

Clerk's Office, 200 N. Walker, 2nd Floor.

5. DESCRIPTIVE TERMS

A. Unless the term “no exceptions" is used, the use of brand name, manufacturer, make, or catalog designation in describing a good or service does not restrict Proposers to that particular brand name, etc.

B. The term is simply to indicate the type, character, quality and/or performance equivalence of the goods or services desired. However, the proposed excepted goods or services must be of such type, character, quality and/or performance equivalence as that indicated in the Special Provisions.

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C. A proposed excepted good or service must include complete data as to the manufacturer's name, type, model number, any descriptive bulletins and manufacturer’s specifications.

6. EXCEPTIONS

A. A Proposer may submit exceptions by uploading a document labeled “Exceptions” into the Electronic Bidding System as a PDF. Failure to attach an Exceptions document will be regarded as full acceptance of the requirements, instructions, and any documents related to the Proposal Special Provisions.

7. LETTER OF AUTHORIZATION

A. A Letter of Authorization is provided to download on the Electronic Bidding

System and should be attached and submitted when the Proposer is not authorized by statute to sign and bind the Proposer to the proposal.

8. OKLAHOMA OPEN RECORDS ACT AND CONFIDENTIAL INFORMATION

A. All “records”, as defined by the Oklahoma Open Records Act, 51 O.S. § 24A.1, et seq.

(the “Act”), which are in connection with the transaction of public business, the expenditure of public funds, or the administration of public property, and that are in the custody, control, or possession of public officials, public bodies, or their representatives, are potentially subject to inspection, copying, and/or mechanical reproduction. The purpose of the Act is to ensure and facilitate the public’s right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power. Except where state or federal statutes create a specific exemption or confidential privilege, persons and entities who submit information to public bodies have no right to keep the record from public access nor have a reasonable expectation that the record will be kept from public access.

B. If Services Provider believes that a record is exempt or confidential under a specific Oklahoma or federal statute, and therefore not subject to public access under the Oklahoma Open Records Act, Services Provider must comply with the following:

i. Place said portion of the submission in a separate electronic file attachment marked “Confidential.” DO NOT label the entire record “Confidential.” Label only those records, or portions thereof, that are expressly protected from disclosure by Oklahoma or federal law. For each portion of the record for which an exemption or a confidential privilege is claimed, Services Provider must clearly identify on that record at the time of submittal a copy of a court order ruling the record is not subject to release under federal or Oklahoma law, or the specific federal and/or Oklahoma law that created said privilege, e.g., for trade secrets, see 21 O.S. § 1732 (Larceny of Trade Secrets) and the Uniform Trade Secrets Act, 78 O.S. §§ 85, et seq.

C. Failure to clearly identify the record or any part of the record as “Confidential” will be interpreted as the record NOT being exempt from the Act and therefore subject to public access. Should an Open Records request be presented for a record identified as “Confidential,” Services Provider will be responsible for timely justifying the

RFP.GI.VI.2025 Page 4 confidentiality claim and attaining protection from a court of competent jurisdiction, state or federal, in Oklahoma County, Oklahoma. Services Provider will be notified upon receipt of an Open Records Request to access the records identified as “Confidential in accordance with this policy.” It is Services Provider’s responsibility to timely initiate an action in a court of competent jurisdiction to enforce Services Provider’s rights. The requested records will be released if Services Provider fails to timely bring an action to enforce your rights within seven (7) calendar days of notice.

Services Provider must provide the City or its Trust from which the record has been requested notice of that action. By your submission of records, Services Provider is granting the rights stated herein.