Bidder Instructions Template

BIDDER INSTRUCTIONS TEMPLATE

THIS BIDDER INSTRUCTIONS TEMPLATE (the Agreement) is entered into effective as of by and between:

WHEREAS

WHEREAS, Client intends to procure goods and/or services described in the Project documents and will receive competitive bids from qualified bidders; and

WHEREAS, these Bidder Instructions establish the mandatory procedures, submission requirements, evaluation criteria, and contractual terms that will govern the award and performance of the resulting contract; and

WHEREAS, Bidder acknowledges that compliance with these instructions is a condition of bid acceptance and that failure to comply may result in disqualification.

SOLICITATION INFORMATION

Project Name:

Solicitation No.:    Bid Due Date:    Time:

Submission Location / Delivery Method:

Number of hard-copy sets required (if any):

Electronic submission accepted: Yes Hard copy required

QUESTIONS, CLARIFICATIONS, AND ADDENDA

All questions must be submitted in writing to the Contact listed below by the Question Deadline. Only written responses issued as formal addenda will modify the solicitation documents.

Addenda will be issued until: . It is the Bidder's responsibility to acknowledge receipt of all addenda in the Bid Form.

SCOPE OF WORK

PROPOSAL FORMAT AND REQUIRED SUBMITTALS

Each Proposal shall include, at minimum, the following sections and documents. Failure to include required submittals may result in rejection of the Proposal.

Proposal form and pricing schedule
Technical approach and work plan
References and relevant experience
Insurance certificates and licenses
Bid bond / bid security (if required)

BID SECURITY AND PERFORMANCE SECURITY

If Bid Security is required, the amount is: . If successful, the Contractor shall provide performance and payment security in accordance with the Contract Documents.

EVALUATION AND AWARD

Proposals will be evaluated according to the criteria set forth below. The Client reserves the right to award the contract to the responsible Bidder whose Proposal is deemed most advantageous, taking into account price, qualifications, and other evaluation factors.

Award will be made by written Notice of Award to the responsible Bidder whose Proposal offers the best value. Client reserves the right to reject all Proposals.

PAYMENT TERMS

Contract Amount (estimated or not-to-exceed):

Invoices submitted in accordance with the Payment Schedule shall be payable within days of approved invoice. Late payments will accrue interest at or the maximum lawful rate, whichever is less.

TERM AND TERMINATION

Contract Start Date:    Contract End Date:

Either party may terminate this Agreement for convenience upon written notice of days to the other party. In the event of material breach by a party, the non-breaching party may terminate upon seven (7) days' written notice if the breach remains uncured.

CONFIDENTIALITY

Each party shall maintain in confidence all confidential information disclosed by the other party in connection with this solicitation and any resulting contract. Confidential information does not include information that (a) is or becomes publicly known through no fault of the receiving party, (b) is rightfully received from a third party without restriction, or (c) is independently developed without use of the disclosing party's confidential information. Receiving party shall use confidential information solely to respond to the solicitation and perform the contract.

INSURANCE, LICENSES AND COMPLIANCE

Prior to award, Bidder shall furnish certificates of insurance and evidence of licenses required by the solicitation. Bidder shall comply with all applicable federal, state, and local laws, regulations, codes, and ordinances in performing the work.

Insurance required: General Liability Workers' Compensation Automobile Liability

ADDITIONAL TERMS

Addenda and amendments to these Bidder Instructions shall be issued only in writing. Oral statements by Client representatives shall not modify these instructions. Bidders are responsible for acknowledging all addenda on the Proposal form.

GOVERNING LAW

This Agreement and any contract awarded under these instructions shall be governed by and construed in accordance with the laws of the state specified below without regard to its conflict of law provisions. Governing State:

ENTIRE AGREEMENT

These Bidder Instructions, together with the solicitation documents, Proposal form, addenda, and the executed Contract constitute the entire agreement between Client and Bidder with respect to the subject matter and supersede all prior negotiations, representations, and agreements, whether written or oral.

CERTIFICATIONS AND ACKNOWLEDGEMENTS

By submitting a Proposal and by executing this document, Bidder certifies that: (a) the information submitted is true and accurate; (b) Bidder has not engaged in collusive bidding; (c) Bidder will comply with the terms and conditions of the solicitation and applicable law.

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