2016-283-E Emergency Svc - FESCO Emergency Sales for the purchase of new ambulance

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DocuSign Envelope ID: F4D38498-6182-495F-9F57-49F44D76229A d. H-GAC shall not be liable for Offeror's incomplete documentation, or for any costs associated with preparation and submission of any Response hereto. Additionally, all components of any Response become the property of H-GAC,and shall be considered to be in the public domain. e. Offeror shall make all investigations necessary to become thoroughly informed regarding any plan and/or infrastructure that may be required to support delivery of any Product or Service covered by this Invitation. No plea of ignorance by Offeror stemming from failure to investigate conditions that may now or hereafter exist, shall be accepted as a basis for varying H-GAC's requirements, or Offeror's/Contractor's obligations or entitlements. f Requests for changes to the requirements or specifications herein must be in writing (e-mail, fax, letter) and must be received by H-GAC no later than fifteen(15) calendar days prior to the Response Due Date. H-GAC will review such requests,but may or may not make changes at its sole discretion. Changes,if any,will only be made by written Addendum sent to addressees of record. In any event, it is Offeror's sole responsibility to insure that any and all Addendums which may have been issued have been received and addressed. g. By submission of a response, Offeror expressly understands and agrees that all terms and conditions herein will be part of any subsequent contract that is executed pursuant to this Invitation. h. Offeror is advised that all H-GAC contracts are subject to the legal requirements established in any applicable Local, State or Federal statute. i. Offeror/Contractor must be in compliance with all licensing, permitting, registration and other applicable legal or regulatory requirements imposed by any governmental authority having jurisdiction. It is Offeror/Contractor's responsibility to insure that this requirement is met, and to supply to H-GAC upon request,copies of any license,permit or other documentation bearing on such compliance. j. Unless otherwise established elsewhere in this Invitation, NO minimum purchase quantities or spending levels are provided or guaranteed by H-GAC or any End User. k. This Invitation is not meant to restrict competition,but rather is intended to allow for a wide range of responses. 1. Responses which are 'qualified'with conditional clauses or alterations of or exceptions to any of the terms and conditions in this Invitation may be deemed non-compliant at H-GAC's sole discretion. m. The term `Offeror', or derivative thereof, shall become synonymous with `Contractor' for any successful Offeror recommended for a contract pursuant to this Invitation. n. H-GAC reserves the right to: • Reject any and all offers received in response to this Invitation. • Reject any part of an offer received in response to this Invitation. • Determine the correct price and/or terminology in the event of any discrepancies in any response. • Accept a response from, and enter into agreement with,other than the lowest price Offeror. • Accept responses and award contracts to as many or as few Offerors as H-GAC may select. • Amend,waive,modify,or withdraw(in part or in whole)this Invitation,or any requirements herein. • Hold discussions with Offerors,although award may be made without discussion. • Request an Offeror to give a presentation of the Response at a time and place scheduled by H-GAC. • Exercise any of these rights at any time without liability to any Offeror. o. H-GAC reserves the right to determine that conditions exist which prevent the public opening of responses on the date and at the time advertised, and to reschedule the public opening for a future date and time. Responses received by H-GAC by the original deadline will be secured unopened until the rescheduled opening date and time,and those having timely submitted such responses will be notified. 6. OFFEROR'S AUTHORIZED SIGNATORY The signatory shall be authorized to sign and contractually bind Offeror, and shall sign any and all Response documentation requiring a signature. 7. SURETY FOR INSURANCE Contractor shall be responsible for using a surety company properly licensed by any and all states in which Contractor will do business with Participants. The surety company shall not expose itself to any loss on any one risk in an amount exceeding ten percent (10%) of its surplus to policy holders, provided any risk or portion of any risk shall have been reinsured, and such reinsurance shall be deducted in determining the limitation of risk applicable to H-GAC's insurance requirements. Revised: 12/03/09 Page 5 of 19