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General Requirements and Contracting Information

General Requirements and Contracting Information (DOCX - 34KB)

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  1. Proposer Required Review and Waiver of Objections
    1. Each Proposer must carefully review this RF(X) and all attachments, including but not limited to Dallas College Contract/Agreement, for defects, objections, or any other matter requiring clarification or correction (collectively called “Comments”). All such Comments must be made in writing and received by Dallas College no later than the Written Comments Deadline detailed in RF(X) Schedule of Events. This will allow issuance of any necessary addendums and help prevent the necessity of cancelling the RF(X).
  2. RF(X) Addendum and Cancellation
    1.  Dallas College reserves the unilateral right to amend this RF(X) in writing at any time. If an RF(X) amendment is issued, Dallas College will communicate such amendment to the potential Proposers who picked up or were mailed or sent the original RF(X). Each proposal must respond to the final written RF(X) and any exhibits, attachments, and/or addendums to the RF(X).
    2. Dallas College reserves the right, at its sole discretion, to cancel and reissue this RF(X) or to cancel this RF(X) in its entirety in accordance with applicable laws and regulations.
  3. Proposal Prohibitions and Right of Rejection
    1. Dallas College reserves the right, at its sole discretion, to reject any and all proposals in accordance with applicable laws and regulations.
    2. Each proposal must comply with all of the terms of this RF(X) and all applicable state laws and regulations. Dallas College may reject any proposal that does not comply with all of the terms, conditions, and performance requirements of this RF(X) or applicable state laws and regulations. Dallas College may consider any proposal that does not meet the requirements of this RF(X) to be non-responsive, and Dallas College may reject such a proposal.
    3. A proposal of alternate services (i.e., a proposal that offers services different from those requested by this RF(X)) shall be considered non-responsive and rejected.
    4. A Proposer may not restrict the rights of Dallas College or otherwise qualify a proposal. Dallas College may determine such a proposal to be a non-responsive counteroffer, and the proposal may be rejected.
    5. If a Proposer has any issues with the Sample Dallas College Contract/Agreement, please see the exceptions to requirements and/or sample contract/agreement.
    6. A Proposer shall not submit more than one proposal. Submitting more than one proposal shall result in the disqualification of the Proposer unless specifically provided for in this proposal.
    7. A Proposer shall not submit multiple proposals in different forms. For purposes of this paragraph, a Proposer submits multiple proposals in different forms when a Proposer submits one proposal as a prime contractor, permitting a second proposal with the first Proposer offered as a subcontractor. The prohibition against a Proposer submitting multiple proposals in different forms does not prohibit different Proposers from offering the same subcontractor as a part of their proposals, provided that the subcontractor does not also submit a proposal as a prime contractor. Submitting multiple proposals in different forms may result in the disqualification of all Proposers knowingly involved.
    8. Dallas College shall reject a proposal if the Cost Proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Proposer. Regardless of the time of detection, Dallas College shall consider any of the foregoing prohibited actions to be grounds for proposal rejection or contract termination.
    9.  Dallas College reserves the right, at its sole discretion, to waive a proposal’s variances from full compliance with this RF(X). If Dallas College waives minor variances in a proposal, such waiver shall not modify the RF(X) requirements or excuse the Proposer from full compliance with the RF(X).
  4. Incorrect Proposal Information
    1. If Dallas College determines that a Proposer has provided, for consideration in this RF(X) process or subsequent contract negotiations, incorrect information that the Proposer knew or should have known was materially incorrect, that proposal shall be deemed non-responsive and shall be rejected.
  5. Proposal of Additional Services
    1. If a proposal offers services in addition to those required by and described in this RF(X), the additional services may be added to the Contract before contract signing at the sole discretion of Dallas College. Costs associated with additional services must be provided on a separate attachment in the cost proposal. Please note that proposed additional services will not be used in evaluating the proposal.
  6. Assignment and Subcontracting
    1. The Proposer awarded a contract pursuant to this RF(X) may not subcontract, transfer, or assign any portion of the Contract without Dallas College’s prior, written approval.
    2. A subcontractor approved from the contractors initial proposal, may only be substituted afterward at the discretion of Dallas College and with Dallas College’s written approval.
    3. At its sole discretion, Dallas College reserves the right to refuse approval of any subcontract, transfer, or assignment.
    4. Notwithstanding Dallas College approval of each subcontractor, the Proposer, if awarded a contract pursuant to this RF(X), shall be the prime contractor and shall be responsible for all work performed.
  7. Right to Refuse Personnel
    1. At its sole discretion, Dallas College reserves the right to refuse any personnel, of the prime contractor or a subcontractor, for use in the performance of a contract pursuant to this RF(X).
  8. Insurance
    1. Successful Proposer must provide and maintain a commercial general liability policy. The policy shall provide coverage, which includes, but is not limited to, bodily injury, personal injury, death, property damage and medical claims, with minimum limits of $1,000,000 per occurrence. The Proposer shall maintain workers’ compensation coverage or a self-insured program as required under Texas law. The Proposer shall deliver to Dallas College a certificate of insurance no later than the effective date of the contract. If any policy providing insurance required by the contract is cancelled prior to the policy expiration date, the Proposer, upon receiving a notice of cancellation, shall give immediate notice to Dallas College.
    2. The enumeration in the contract or in this document of the kinds and amounts of liability insurance shall not abridge, diminish or affect the contractor’s legal responsibilities for the consequences of accidents arising out of or resulting from the services of the successful bidder under this contract.
    3. Failure to provide evidence of such insurance coverage is a material breach and grounds for termination of the contract negotiations. Any insurance required by Dallas College shall be in form and substance acceptable to Dallas College.
  9. Licensure
    1. The apparent successful Proposer must hold all necessary, applicable business and professional licenses. Dallas College requires any and all Proposers to submit evidence of proper licensure or eligibility within their proposal.
  10. Sales and Use Tax
    1. Before the Contract resulting from this RF(X) is signed, the apparent successful Proposer must be registered with the Department of Revenue for the collection of Texas sales and use tax.
  11. Financial Stability
    1. The successful Proposer will be required to provide information to Dallas College to demonstrate financial stability and capability prior to award of contract.
  12. Proposal Withdrawal
    1. A Proposer may withdraw a submitted proposal at any time up to the Proposal Deadline time and date in the RF(X) Schedule of Events. To do so, a Proposer must submit a written request, signed by a Proposer’s authorized representative to withdraw a proposal. After withdrawing a previously submitted proposal, a Proposer may submit another proposal at any time up to the Proposal Deadline.
  13. Proposal Errors and Amendments
    1. At the option of Dallas College, a Proposer may be bound by all proposal errors or omissions. A Proposer will not be allowed to alter or amend proposal documents after the Proposal Deadline time and date in the RF(X) Schedule of Events unless formally requested, in writing, by Dallas College. A Proposer can withdraw their proposal and make any revisions to it and resubmit, if it is performed before submittal deadline.
  14. Proposal Preparation Costs
    1. Dallas College will not pay any costs associated with the preparation, submittal, or presentation of any proposal. Proposer assumes, at its sole risk and responsibility, all costs of preparation of the proposal presentations necessary to the proposal process.
  15. Continued Validity of Proposals
    1. All Proposals shall state that the offer contained therein is valid for a minimum of one hundred twenty (120) days subsequent to the date of the Cost Proposal opening. This assures that Proposers’ offers are valid for a period of time sufficient for thorough consideration and any unforeseen delays. Proposals, which do not so state will be presumed valid for one hundred twenty (120) days (as stated above).
  16. Disclosure of Proposal Contents
    1. Each proposal and all materials submitted to Dallas College in response to this RF(X) shall become the property of Dallas College. Selection or rejection of a proposal does not affect this right. All proposal information, including detailed price and cost information, shall be held in confidence until all evaluations are concluded and an award has been made. The foregoing notwithstanding, Dallas College considers all information, documentation and other materials submitted in response to this RF(X) to be of a non-confidential and nonproprietary nature, unless otherwise provided by law, and as such subject to public disclosure under the Texas Public Information Act (TPIA). In the event receives a request for information under the TPIA that is otherwise deemed confidential, the Dallas College shall withhold from disclosure under the TPIA any information which it may be entitled to withhold under an applicable exemption from disclosure under the TPIA.
  17. Contract Approval
    1. This RF(X) is a solicitation for a proposal and is not a contract or an offer to contract. The RF(X) and the contractor selection processes do not obligate the Dallas College and do not create rights, interests, or claims of entitlement by either the Proposer with the apparent best-evaluated proposal or any other Proposer. Contract award and Dallas College obligations pursuant thereto shall commence only after the contract is signed by the Contractor and an authorized representative of Dallas College, as required by state laws and regulations.

    18. Obligation:

    This request for bids does not obligate Dallas College to award a contract or pay any costs incurred by the bidder in the preparation and/or submittal of a bid.

    DALLAS COLLEGE, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO ACCEPT ANY BID AND/OR REJECT ANY AND ALL BIDS OR A PART OF A BID, WITHOUT REASON OR CAUSE, SUBMITTED IN RESPONSE TO THIS SOLICITATION.

    DALLAS COLLEGE RESERVES THE RIGHT TO REJECT ANY BID FOR ANY REASON AND/OR REJECT ANY NON-RESPONSIVE OR CONDITIONAL BID.

    DALLAS COLLEGE RESERVES THE RIGHT TO WAIVE ANY INFORMALITIES, IRREGULARITIES, AND/OR TECHNICALITIES IN THIS SOLICITATION, THE BID DOCUMENTS, AND/OR ANY BIDS RECEIVED OR SUBMITTED.

  18. Contract Payment
    1. No payment shall be made until the Contract is approved as required by state laws and regulations. Under no circumstances shall Dallas College be liable for payment of any type associated with the Contract or responsible for any work done by the Contractor, even work done in good faith and even if the Contractor is orally directed to proceed with the delivery of services, if it occurs before contract approval by Dallas College officials as required by applicable statutes and rules of the State of Texas or before the Contract start date or after the Contract end date specified by the Contract.
  19. Contract Monitoring
    1. The Contractor’s deliverables and services provided pursuant to this Contract shall be subject to monitoring and evaluation by Dallas College, by a duly appointed representative(s). The Contractor shall submit brief, periodic, progress reports to the Dallas College as requested.
  20. Severability
    1. If any provision of this RF(X) is declared by a court to be illegal or in conflict with any law, the decision shall not affect the validity of the remaining RF(X) terms and provisions, and the rights and obligations of Dallas College and Proposers shall be construed and enforced as if the RF(X) did not contain the particular provision held to be invalid.