Bid Confirmation Acknowledgement

BID CONFIRMATION ACKNOWLEDGEMENT

This Bid Confirmation Acknowledgement (the Agreement) is entered into by and between:

Bid Reference No.:   Project Name:

Bidder Name:   Address:

Issuing Party (Owner/Procuring Entity):   Contact:

WHEREAS

WHEREAS, the Issuing Party issued a request for bid or proposal for the Project identified above and invited qualified parties to submit bids (the Solicitation); and

WHEREAS, the Bidder submitted a written Bid in response to the Solicitation, dated , which sets forth the Bidder's proposed price, scope, and terms; and

WHEREAS, the Issuing Party requires formal acknowledgement of the Bid and the Bidder's representations, warranties and acceptance of conditions on which the Bid is made.

SCOPE OF WORK

The Bidder confirms that the Bid covers the scope of work as described below. The Bidder warrants that the pricing and schedule are based upon the following scope and assumptions:

PAYMENT TERMS

Total Lump Sum Bid Amount (inclusive of all labor, materials, taxes and fees):

Late payment shall accrue interest and fees as set forth below.

TERM AND TERMINATION

This Acknowledgement is effective as of Start Date: and will remain in effect until End Date: unless terminated earlier in accordance with this Agreement.

Either party may terminate this Acknowledgement for material breach if the other party fails to cure such breach within the notice period provided above. Termination shall not relieve the Bidder of obligations incurred prior to termination, including payment obligations and warranty responsibilities.

CONFIDENTIALITY

The Bidder and the Issuing Party each acknowledge that information exchanged in connection with the Solicitation and this Bid may be confidential. Each party agrees to maintain the confidentiality of proprietary information disclosed by the other party and to use such information solely for the purpose of bid evaluation and project execution. Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) is independently developed without use of the disclosing party's confidential information; or (c) is required to be disclosed by law or court order, in which case the receiving party will provide prompt notice to the disclosing party where legally permissible.

REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGEMENTS

The Bidder represents and warrants that: (i) the Bidder is duly authorized to submit the Bid and enter into this Acknowledgement; (ii) the Bid is complete, accurate and made without collusion; (iii) the prices and schedules included in the Bid reflect the Bidder's good faith estimate and account for all material costs and contingencies; and (iv) the Bid shall remain valid for a period of days from the Bid submission date unless otherwise agreed in writing.

The Bidder acknowledges and accepts the terms, conditions, and specifications of the Solicitation and confirms that any deviations are expressly noted in the Scope of Work above.

GOVERNING LAW

This Acknowledgement shall be governed by and construed in accordance with the laws of the State of , without regard to its choice of law rules.

ENTIRE AGREEMENT

This Acknowledgement, together with the Bid and the Solicitation documents expressly incorporated herein by reference, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior negotiations, representations, or agreements, whether written or oral. Any amendment or modification of this Acknowledgement must be in writing and executed by authorized representatives of both parties.

NOTICES

ADDITIONAL PROVISIONS

If required by the Solicitation, the Bidder shall, upon award, provide performance and payment bonds and insurance certificates in forms and amounts satisfactory to the Issuing Party. The issuance of an award is conditioned upon the Issuing Party's acceptance of the Bid and the Bidder's timely execution of a definitive contract, if applicable.

Sign Now