Orange County NC Website
DocuSign Envelope ID: F4D38498-6182-495F-9F57-49F44D76229A <br /> received after the submission deadline will be accepted if the request to do so is in writing submitted by Offeror's <br /> authorized representative. <br /> 32. RESPONSE EVALUATION <br /> For Bid Responses: <br /> a. Section B will state whether the contract will be awarded to the lowest responsible bidder or to the bidder who <br /> provides goods or services at the best value for H-GAC and its participants. <br /> b. If the contract will be awarded based on best value, Section B will state any relevant criteria which H-GAC will <br /> consider. <br /> c. For each offered Product Item, H-GAC may use the offered price, prices for Required Options, and the prices <br /> of selected common Published Options to determine the lowest responsible offer. <br /> d. Failure of Offeror to submit pricing for frequently_purchased options and any H-GAC required options may <br /> cause response to be considered non-compliant at H-GAC's sole discretion. <br /> For Proposal Responses: <br /> e. H-GAC will evaluate proposals as detailed in Section B. <br /> f By submission of a Response Offeror indicates acceptance of the evaluation technique, and recognizes and <br /> accepts that H-GAC may at it's sole discretion make subjective judgments during the evaluation process. <br /> 33. ORDER OF PRECEDENCE PRIOR TO CONTRACT AWARD <br /> In the event of conflict between this document and any references or documents cited herein, this document shall <br /> take precedence prior to contract award. <br /> 34. AWARD OF CONTRACT <br /> a. H-GAC reserves the right to accept or reject any Product Item or option offered. Additionally, all options <br /> included in Offeror's response and accepted by H-GAC are understood to be included in any contract. <br /> b. H-GAC shall award contract(s) for line items or groups of line items,at its sole discretion. <br /> c. With authority granted by the H-GAC Board of Directors,a written contract shall be presented to the successful <br /> Offeror(s) and shall be subject to acceptance by the successful Offeror(s)within thirty(30)calendar days after <br /> presentation by H-GAC. If a contract is not executed within thirty(30)calendar days, H-GAC may rescind the <br /> contract offer and award a contract to the next Offeror in order of rank as determined by H-GAC. <br /> d. Delivery time and prompt payment discounts, including time allowed for payment, may be considered in tie- <br /> breaking of offers which are judged by H-GAC to be equal in all other criteria. <br /> e. The contract shall include the following documents in the stated order of precedence: <br /> 1st The contract document signed by H-GAC and Offeror. <br /> 2nd This Invitation and all specifications referenced herein. <br /> 3rd Offeror's response to this Invitation. <br /> 35. PRO-FORMA CONTRACT <br /> This Invitation includes a Pro-Forma (sample) Contract which successful offerors will be expected to sign. The <br /> actual final contract will be the same or nearly the same as the Pro-Forma. NOTE: Successful Offerors MAY NOT <br /> process My purchase orders until the contract documents have been executed and returned to H-GAC. <br /> 36. CONTRACT TERM <br /> The contract shall be in effect throughout the period stated elsewhere in the contract documents, and thereafter until <br /> such time as any outstanding orders against the contract have been fulfilled. The contract may be extended if <br /> deemed by H-GAC to be in the best interests of the Program, and subject to mutual agreement of the parties. <br /> 37. PERFORMANCE&PAYMENT BOND <br /> H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB), and offered pricing <br /> should reflect this cost saving. However, Contractor must be prepared to offer a PPB to cover any specific order if <br /> so requested by End User. Contractor shall quote a price to End User for provision of any requested PPB, and <br /> agrees to furnish the PPB within ten business(10) days of receipt of End User's purchase order. <br /> Revised: 12/03/09 Page 14 of 19 <br />