8
request may be destroyed.
4.0
SPECIAL CONDITIONS:
4.1
Mandatory Requirements: The Commission has established certain requirements with
respect to solicitations to be submitted by contractor. Whenever the terms “must”, “” or “is”
are used in the package, the specifications being referred to is a mandatory requirement.
Failure to meet any requirement(s) may cause rejection of the contractor’s submittal.
4.2
Tax Exempt: The Commission is exempt from State Sales Tax. If a tax‐ exempt certificate
is necessary, please contact the SAC Purchasing Department.
4.3
Demonstrated Capability: N/A
4.4
References: N/A
4.5
Indemnification: Seller/Vendor agrees for itself and its contractors, subcontractors,
suppliers, employees, agents, servants, patrons, customers, visitor and licenses to
indemnify, protect, save and hold harmless the SAC, its members, directors, officers,
employees, and agents against any expense, loss or liability paid, suffered or incurred,
including any environmental fines and/or penalties, as a result of any breach by
Seller/Vendor, Seller/Vendor’s agents, servants, employees, patrons, contractors or
subcontractors, suppliers, customers, visitors or licenses of any covenant or condition of any
agreement with Buyer/SAC or as a result of the seller’s/buyer’s work or a product or service
provided by seller/vendor or the seller’s/Vendor’s use, occupancy or presence on SAC’s
property or the carelessness, negligence or improper conduct of seller/Vendor,
seller’s/Vendor’s contractors, subcontractors, suppliers, employees, agents, servants,
patrons, customers, visitors, or licenses. Such indemnification will be to the extent caused in
whole or in part by negligent acts or omissions by the Seller/Vendor, its contractors,
subcontractors, suppliers, employees, agents, servants, patrons, customers, visitors or
licensees. Seller/vendor agrees to defend buyer/SAC from any legal or equitable actions
brought against buyer/SAC based on the work or a product or service provided by
seller/vendor or the carelessness, negligence or improper conduct of Seller/Vendor,
Seller’s/Vendor’s contractors, subcontractors, suppliers, employees, agents, servants,
patrons, customers, visitors, or licenses.
4.6
Basis of Award: The basis of evaluation will be low bid/quote considering that all
specifications are met. Lead time to complete the project as requested by SAC will also play
a role in the basis of the award. All other contractor accommodation that best suits the
needs of the Commission will also serve as the basis of the award. Bidder availability to
seek or exceed SAC’s specifications and requirements will be considered. Any contract
awarded as a result of a selection process is to be awarded to the most responsive and
responsible bidder whose bid is evaluated to be the most advantageous to the Commission,
considering price and other factors such as delivery time.
4.7
Changes and Alterations: The Commission reserves the right to make any alterations in the
RFQ and/or contract as may be necessary due to changing conditions found during the
project. The bidder will not claim forfeiture of contract by reasons of such changes by the
SAC representative. If such changes increase or decrease the amount of the work or
materials, the bidder will be paid according to the quantity of work delivered at the prices
established for such work under the contract. Any alterations or changes that diminish the
scope of work or materials will not constitute a claim for damages or for the loss of