Small Purchase Disclaimer_Acknowledgements_Reservation of Rights_8.27.26.pdf

Disclaimer

This RFP does not commit the City of Philadelphia to award a contract. This RFP and the process it describes are proprietary to the City and are for the sole and exclusive benefit of the City. No other party, including any Applicant, is intended to be granted any rights hereunder. Any response submitted pursuant to this RFP shall become the property of the City and may be subject to public disclosure by the City or any authorized agent of the City. The City is not liable for any costs incurred by Applicants in preparing and submitting a proposal in response to this RFP or for any costs and expenses incurred in any meeting with, or making oral presentations to, the City if so requested. In the event of conflict, inconsistency or variance between the terms of this Reservation of Rights and any term, condition or provision contained in any notice of contract opportunity, the terms of this Reservation of Rights shall govern. The headings used in this Reservation of Rights do not in any way define, limit, describe or amplify the provisions of this Reservation of Rights or the scope or intent of the provisions, and are not part of this Reservation of Rights.

Acknowledgements

By submission of a proposal, Applicants acknowledge and agree that the City, as a municipal corporation, is subject to state and local public disclosure laws and, as such, is legally obligated to disclose to the public documents, including proposals, to the extent required thereunder. Without limiting the foregoing sentence, the City's legal obligations shall not be limited or expanded in any way by an Applicant's assertion of confidentiality and/or proprietary data.

Applicants acknowledge and agree that no City contract valued at or over $99,000 will be awarded unless the successful applicant electronically discloses online as provided by the City (either at phila.gov/tibform or as otherwise provided) all Transparency in Business disclosures required under Section 17-1402(1)(b)(.4) of the Philadelphia Code. Any proposal to such an opportunity which does not contain the mandatory statement that Applicant will submit these disclosures will not be considered responsive to the requirements of this RFP.

Applicants acknowledge and agree to treat all information obtained from the City which is not generally available to the public as confidential and/or proprietary to the City, and shall exercise all reasonable precautions to prevent any information derived from such sources from being disclosed to any other person.

Reservation of Rights

By submitting its response to a notice of contract opportunity as posted on the eContract Philly web site (“eContract Philly”), the Applicant accepts and agrees to this Reservation of

Professional Services Small Order Purchase (“PSSOP”) Disclaimer, Acknowledgments, & Reservation of Rights https://www.phila.gov/departments/office-of-the-chief-administrative-officer/transparency-in-business-disclosure-for-prime-contractor/ https://philawx.phila.gov/econtract/

Rights. The term “notice of contract opportunity,” as used herein, means and includes this RFP and all information posted on eContract Philly in relation to this “New Contract Opportunity” as published on eContract Philly (including, without limitation, the information posted for this opportunity on the “Detailed Information for Opportunity” page, in the eContract Philly “Opportunity List,” and/or in any document linked to the Detailed Information for Opportunity Page or otherwise linked to this notice of contract opportunity).

The City reserves and may, in its sole discretion, exercise any one or more of the following rights and options with respect to this notice of contract opportunity:

1) to reject any and all proposals and to reissue this notice of contract opportunity at any time prior to execution of a final PSSOP;

2) to issue a new notice of contract opportunity with terms and conditions substantially different from those set forth in this or a previous notice of contract opportunity;

3) to issue a new notice of contract opportunity with terms and conditions that are the same or similar as those set forth in this or a previous notice of contract opportunity in order to obtain additional proposals or for any other reason the City determines to be in the City’s best interest;

4) to extend this notice of contract opportunity in order to allow for time to obtain additional proposals prior to the notice of contract opportunity application deadline or for any other reason the City determines to be in the City’s best interest;

5) to supplement, amend, substitute or otherwise modify this notice of contract opportunity at any time prior to issuing a notice of intent to enter into an MPO with one or more Applicants;

6) to cancel this notice of contract opportunity at any time prior to the execution of a final PSSOP, whether or not a notice of intent to enter into an PSSOP has been issued, with or without issuing, in the City’s sole discretion, a new notice of contract opportunity for the same or similar services;

7) to revise responses to questions after posting, by posting the modified response.

No oral response to any Applicant question by any City employee or agent shall be binding on the City or in any way considered to be a commitment by the City.

8) to change the RFP schedule, in the City’s sole discretion. Notice of changes in the pre-proposal meeting date/time or location, the due date for Applicant questions, and the date for proposal submission will be posted on eContract Philly. Other dates/times listed may be changed without notice to prospective Applicants.

9) to do any of the foregoing without notice to Applicants or others, except such notice as the City, in its sole discretion, elects to post on eContract Philly.

The City reserves and may, in its sole discretion, exercise any one or more of the following rights and options with respect to proposal selection:

1) to reject any proposal if the City, in its sole discretion, determines the proposal is incomplete, deviates from or is not responsive to the requirements of this notice of contract opportunity, does not comply with applicable law (including, without limitation, Chapter 17-1400 of the Philadelphia Code), is conditioned in any way, or contains ambiguities, alterations or items of work not called for by this notice of contract opportunity, or if the City determines it is otherwise in the best interest of the City to reject the proposal;

2) to reject any proposal if, in the City’s sole judgment, the Applicant has been delinquent or unfaithful in the performance of any contract with the City or with others; is delinquent, and has not made arrangements satisfactory to the City, with respect to the payment of City taxes or taxes collected by the City on behalf of the City of Philadelphia, or other indebtedness owed to the City; is not in compliance with City regulatory codes applicable to Applicant; is financially or technically incapable; or is otherwise not a responsible Applicant;

3) to waive any defect or deficiency in any proposal, including, without limitation, those identified in subsections 1) and 2) preceding, if, in the City's sole judgment, the defect or deficiency is not material to the proposal;

4) to require, permit or reject, in the City’s sole discretion, amendments (including, without limitation, information omitted), modifications, clarifying information, and/or corrections to their proposals by some or all of the Applicants at any time following proposal submission and before the execution of a final PSSOP;

5) to issue a notice of intent to enter into a PSSOP and/or execute a PSSOP for any or all of the items in any proposal, in whole or in part, as the City, in its sole discretion, determines to be in the City’s best interest;

6) to enter into negotiations with any one or more Applicants regarding price, scope of services, or any other term of their proposals, and such other contractual terms as the City may require, at any time prior to execution of a final PSSOP, whether or not a notice of intent to enter into a PSSOP has been issued to any Applicant and without reissuing this notice of contract opportunity;

7) to enter into simultaneous, competitive negotiations with multiple Applicants or to negotiate with individual Applicants, either together or in sequence, and to permit or require, as a result of negotiations, the expansion or reduction of the scope of services or changes in any other terms of the submitted proposals, without informing other Applicants of the changes or affording them the opportunity to revise their proposals in light thereof, unless the City, in its sole discretion, determines that doing so is in the City's best interest;

8) to discontinue negotiations with any Applicant at any time prior to the execution of a final PSSOP, whether or not a notice of intent to enter into a PSSOP has been issued to the Applicant, and to enter into negotiations with any other Applicant, if the City, in its sole discretion, determines it is in the best interest of the City to do so;

9) to rescind, at any time prior to the execution of a final PSSOP, any notice of intent to enter into a PSSOP issued to an Applicant, and to issue or not issue a notice of intent to enter into a PSSOP to the same or a different Applicant and enter into negotiations with that Applicant, if the City, in its sole discretion, determines it is in the best interest of the City to do so;

10) to elect not to enter into any PSSOP with any Applicant, whether or not a notice of intent to enter into a PSSOP has been issued and with or without the reissuing this notice of contract opportunity, if the City determines that it is in the City's best interest to do so;

11) to require any one or more Applicants to make one or more presentations to the City at the City’s offices or other location as determined by the City, at the Applicant’s sole cost and expense, addressing the Applicant’s proposal and its ability to achieve the objectives of this notice of contract opportunity;

12) to conduct on-site investigations of the facilities of any one or more Applicants (or the facilities where the Applicant performs its services);

13) to inspect and otherwise investigate projects performed by the Applicant, whether or not referenced in the proposal, with or without consent of or notice to the Applicant;

14) to conduct such investigations with respect to the financial, technical, and other qualifications and/or statements of each Applicant as the City, in its sole discretion, deems necessary or appropriate; and,

15) to do any of the foregoing without notice to Applicants or others, except such notice as the City, in its sole discretion, elects to post on eContract Philly.