2020/12/16 Council Agenda Packet

Invitation for Bid 02315 Air Tasers and Electronic Incapacitation Devices 4.6 Selection of Apparent Successful Bidder The responsive and responsible bidder(s) that meet(s) all of the IFB requirements, has the lowest price evaluation total as calculated in Appendix B: Price Worksheet will be the Apparent Successful Bidder(s). DES reserves the right to request additional information or perform tests and measurements as part of the evaluation process before award. Failure to provide requested information within 10 days may result in disqualification. Before award, DES may negotiate with an Apparent Successful Bidder to determine if a bid can be improved. Designation as an Apparent Successful Bidder does not imply that DES will issue an award to your firm. It merely suggests that at this moment in time, DES believes your bid to be responsive. This designation allows DES to perform a responsibility analysis and ask for additional documentation. DES may also re-examine the bid to determine whether the bid is truly as responsive as initially believed. The bidder must not construe this as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of this notification, it does so at its own risk and expense. Following the announcement of the Apparent Successful Bidder, bidders may request a debrief conference See also Appendix D — Complaint, Debrief and Protest Procedures. Failure to follow instructions could result in your claim being denied. 43 Award An award will be made and a contract formed by signature of DES and awarded bidder on the Authorized Offer and Contract Signature page. In some circumstances, DES may include an award letter which further defines the award and is included by reference to accompany the signature page. DES reserves the right to award on an all -or -nothing consolidated basis. Following the award, all bidders will receive a Notice of Award, usually through a WEBS notification. 5 CONTRACT INFORMATION 5.1 Incorporated documents and order of precedence A bid submitted to this IFB is an offer to contract with DES. A bid becomes a contract only when awarded and accepted by signature of DES and bidder on the Authorized Offer and Contract Signature page. The documents listed below are, by this reference, incorporated into a contract resulting from this IFB as though fully set forth herein. No other statements or representations, written or oral, are a part of the contract. a. The IFB b. The awarded accepted portion of vendor's bid c. All appendices d. IFB amendments (if any) e. Award letter (if any) In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order: Page 10 of 15