This is an Invitation for Bids (IFB) from the Commonwealth of Pennsylvania, Department of Conservation and Natural Resources, for a floating dock system at Beltzville State Park. Bids must be submitted electronically. The IFB outlines procedures for bid protests, addenda, bid modifications, and withdrawals. It also details mandatory responsiveness requirements, the method of award (lowest responsive and responsible bidder), and how tie bids will be handled. The contract terms and conditions cover delivery, warranty, indemnity, payment, taxes, and termination. Specific clauses address compliance with laws, environmental provisions, nondiscrimination, contractor integrity, and data security. The contractor is responsible for all services and acts as an independent contractor. Delivery is F. O. B. destination, and payment terms are outlined, including the use of ACH payments. The contract is governed by Pennsylvania law.
The IFB states that all items must be delivered within thirty (30) days after the effective date, unless otherwise stated in the contract. Time is of the essence, and failure to deliver as specified may result in termination.
The Commonwealth shall make reasonable efforts to make payment by the required payment date, which is either the date due under the contract or thirty (30) days after a proper invoice is received. Interest may be paid if payment is delayed by more than fifteen (15) days. The Commonwealth may also use a purchasing card for payments, with any associated fees being the contractor's responsibility.
The contractor warrants that all items furnished and services performed shall be free from defects in workmanship or materials. Unless otherwise stated, all items are warranted for one year following delivery and acceptance by the Commonwealth. The contractor shall repair, replace, or correct any problems at no additional cost.
The Commonwealth intends to make a single award to the lowest responsive and responsible bidder. The Commonwealth reserves the right to award by line item if it determines it to be in the best interest of the Commonwealth.
To be eligible for selection, a bid must be timely received from a bidder and properly signed by the bidder.
If the lowest responsible bidder withdraws its bid prior to the expiration of the award period or fails to comply with IFB requirements, the bidder shall be liable to the Commonwealth for all costs and damages associated with the reaward or rebid, including the difference between the bidder's price and the actual cost the Commonwealth pays.
In the event of a controversy or claim, the contractor must file a written claim with the contracting officer within six months after the cause of action accrues. If mediation is not agreed to or is unsuccessful, the contracting officer shall issue a final determination within 120 days of claim receipt, unless extended by consent. The contractor may file a statement of claim with the Commonwealth Board of Claims within fifteen (15) days of the mailing date of the determination denying a claim or within 135 days of filing a claim if no extension is agreed to.
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