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PANDJIRIS STANDARD TERMS AND CONDITIONS GUIDE — VENDOR

Section 1: SOLICITATION CLAUSES

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Section 1: SOLICITATION CLAUSES

100. Solicitation Instructions (10/1/98). Bidder will comply with these instructions when responding to this solicitation.

  1. Responses to this solicitation received after the specified "Bid Close Date" or "Required Date" may be considered nonresponsive. Any extension of the Bid Close Date or Required Date will be approved by Pandjiris, Inc.'s ( "PI" or "PI's") authorized purchasing representative.
  2. Bidder will provide pricing for the next highest quantity break, if any, above the quantity specified herein.
  3. Bidder's response to this solicitation will be based upon zero shipping tolerance. If Bidder's offered price can be reduced by allowing for shipping tolerances, Bidder will so indicate by quantifying the reduction and specifying the shipping tolerance.
  4. Bidder will indicate any manufacturer's part number if its response to this solicitation proposes an equivalent item other then the requirement stated herein.
  5. Bidder will return the original Request For Quotation (RFQ), signed, dated, and incorporating the information indicated below. If Bidder received a Request For Proposal (RFP), the information indicated below will be provided as part of its response to this solicitation.
    1. Terms of payment;
    2. FOB point;
    3. Unit price for quantities indicated, Bidder's corresponding unit of measure, and the extended price (the product of the quantity required multiplied by the unit price);
    4. Bidder's delivery schedule. Note: If Bidder can deliver in accordance with the PI-required schedule, a separate indication of schedules is not required;
    5. Production lead-time required (in weeks);
  6. Bidder will carefully review all documents cited in PI's solicitation to ensure the following;
    1. All information required to properly respond to this solicitation has been received;
    2. All tooling and material requirements, processes, and procedures are understood and priced accordingly in its response to this solicitation.
  7. Bidder accepts the responsibility to contact PI's authorized purchasing representative, at the number noted in this solicitation, to resolve questions or concerns regarding this solicitation.
  8. Bidder acknowledges by its response to this solicitation that no former PI employee is representing Bidder in connection with its proposal or any resulting order, without the express written consent of PI.
  9. Proposals signed by an agent of Bidder will be accompanied by evidence of his or her authority to sign as agent of Bidder unless such evidence has been previously furnished.
  10. PI reserves the right to reject any and all proposals if such action is deemed necessary to serve the interests of PI.
  11. If an award is made, it will be made to the bidder whose proposal, when price and other factors are considered, will result in the most favorable situation for PI.
    1. PI reserves the right to accept other than the lowest-priced proposal and to reject all others without prior discussions.
  12. PI will use historical data from its Supplier Rating System when considering quality and timely delivery performance as award factors. PI intends to employ Best Value analysis of historical performance data whenever all responsive bidders have representative performance data in the Supplier Rating System.
  13. The award may be made based on initial proposals, without discussion or negotiation. Accordingly, initial proposals should be submitted on the most favorable terms from a price, delivery, and technical standpoint.
  14. Unless Bidder otherwise specifies in its proposal, PI may make an award for any item (or group of items) in Bidder's proposal for a quantity less than the quantity proposed at the unit price proposed.
  15. PI reserves the right to consider proposals or modifications to proposals received after the date specified in this solicitation, provided such documents are received prior to award and are in PI's and/or the Government's best interests.
  16. Issuance of this solicitation does not commit PI to award a contract or to pay any costs incurred in the submission of any proposals or in making necessary studies or designs for the preparation thereof.

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101. Shipping Weight (10/1/98). Bidder's proposal will include the total shipping weight or, if there will be more than one shipment, the approximate weight of each shipment.

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103. Discounts for Prompt Payment (10/1/98). The terms of any prompt payment discount will be proposed in Bidder's response to this solicitation and may be a factor in PI's evaluation of Bidder's proposal.

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104. Taxes (10/1/98). Any excise, use, sales, or other taxes applicable to the goods covered by this proposal will be proposed as separate items of cost.

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105. Special Tooling and Special Test Equipment (10/1/98). If the contemplated procurement will require the use of special tooling or special test equipment (as defined in Part 45 of FAR) which is not presently in Bidder's possession, Bidder will submit an itemized, priced list of such tooling or equipment.

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113. Quotations Sent Via Facsimile (FAX) (10/1/98). Responding to this solicitation via facsimile (FAX) transmission is expressly authorized. Reference the solicitation number on the FAX cover sheet and include PI's address and the name of PI's authorized purchasing representative. The telephone numbers of the FAX machines authorized to receive Bidder's proposal are indicated in this solicitation. In addition, Bidder will send the original proposal to PI's authorized purchasing representative.

NOTE: To ensure the integrity of the solicitation process, PI strongly urges bidders to use only FAX machines specifically authorized for receipt of controlled bids and reserves the right to deem any proposal to be nonresponsive and ineligible for award if it was submitted via a FAX machine not authorized in writing by PI.

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117. No PI-Furnished Tooling or Equipment (10/1/98). PI does not anticipate that any tooling or equipment will be provided to Bidder in connection with the work to be performed under any resulting contract.

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120. Alternate Proposals (10/1/98). Bidder is invited to submit additional, alternate proposals which might reduce its proposed prices by taking advantage of price breaks, delivery schedule variations, more economical packaging, bulk handling, or changes in configurations, materials, tolerances, finishes, etc. which will not impair any essential characteristics of form, fit, or function, such as service life, reliability, ease of maintenance, or interchangeability. Bidder is advised that alternate proposals are entirely optional, and in order to ensure that bidder is not found to be nonresponsive, should be submitted along with a proposal that is responsive to the precise requirements of this solicitation.

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123. Effectivity of Proposal (10/1/98). Proposals will be valid for a minimum of 120 days. Bidder will state the effective period of the proposal in its written response. Bidder is advised that the proposed prices may be utilized by PI in preparing a proposal to a customer, with full reliance on Bidder's proposal.

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126. Evaluation of Proposals (10/1/98). PI reserves the right to evaluate all proposals with regard to quality, price, assurance of timely delivery, and all other factors that PI, in its sole discretion, deems relevant, PI also reserves the right to reject any or all proposals.

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132. Identification of Restricted Rights Computer Software (10/1/98). Bidder is notified that PI is required under certain Government and other contracts to disclose the use or disclosure of computer software which is to be delivered under such contracts in an agreement made a part of the contract, either negotiated prior to award or included in a modification of the contract before such delivery. Therefore, Bidder is requested to identify in its proposal, to the extent feasible, any such computer software for use of which it desires to negotiate restrictions and to state the nature of the proposed restrictions. If no such computer software is identified, all deliverable computer software will be deemed to be delivered with unlimited rights.

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135. Rights Reserved by PI (10/1/98). PI reserves the right to make an offer for any item at the unit prices in Bidder's proposal.

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139. Time and Price Schedule (10/1/98). Submit a time and price schedule by which additional quantities may be ordered for an overall unit price reduction (such as option pricing and volume discounts).

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147. Return Proposal to Buyer (10/1/98). Send proposal via U.S. mail, common carrier, or facsimile (FAX), directed to the attention of the Buyer at the address shown in this solicitation. The Buyer's name, location, internal mail code, and the telephone numbers of the FAX machines authorized to receive proposals are included in this solicitation.

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148. No-Bid Response (10/1/98). If Bidder declines to submit a proposal for any item described in this solicitation, Bidder is requested to submit a written "no-bid" response and to include with it the reason for not submitting a proposal.

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149. Bidder's Size and Point of Manufacture (10/1/98). Bidder's proposal will state the number of employees of Bidder, the place of manufacture of the goods (or performance of the services), whether Bidder is a large or small business pursuant to the rules of the Small Business Administration, and, if manufactured, performed, or subcontracted outside the U.S., the export license number and whether Bidder is an affiliate of a U.S. firm.

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151. Milestone Schedule (10/1/98). Bidder will submit with its proposal a schedule of the significant milestones required for the manufacture, assembly, processing, testing, and delivery of the proposed deliverable items. The milestone schedule will identify each event by the number of weeks from the date of issuance of a contract or authority to proceed.

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156. Restrictive Legends on Proprietary Data (10/1/98). PI's acceptance of any document marked with a restrictive legend does not indicate PI's agreement that information contained therein is proprietary. PI will have the right to reproduce any submitted data, drawings, or other material as required for evaluation purposes only, even though marked with a restrictive legend, under the condition that Bidder's restrictive legends will be included on any reproduction of any such data so marked. It is understood that in the event information contained in submitted documents is already within PI's knowledge, is obtained from any source without restriction, or is for any reason not protectable at law, restrictive markings which purport to cover the information will not be valid with respect to, nor will they be binding upon, PI.

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157. Proprietary Data Control (10/1/98). All PI furnished data and information relating to this solicitation, including interface or other technical data of PI's subcontractors or customers which is revealed to Bidder, is considered to be proprietary to PI or PI's subcontractors or customers and all rights therein are reserved. PI hereby provided Bidder the right to use the proprietary data and a limited license to reproduce any copyrighted material from this solicitation based on the following conditions:

  1. Bidder agrees that by accepting this solicitation and related documents that neither the solicitation data nor any part of the related information disclosed to Bidder will be reproduced or transferred to other documents except for purposes relating to Bidder's response to this solicitation. Bidder agrees not to use or disclose to others, for manufacturing purposes or any other purpose, the data provided except as specifically authorized by PI in this solicitation and any resulting contract.
  2. Bidder further agrees to respect the confidential nature of the disclosure, oral and/or written, and not to disclose to others except to discuss it with Bidder's own personnel or with subcontractors who agree to respect the confidential nature of this information and the conditions set forth in this clause. The purpose of revealing this information to Bidder is to permit its employees to evaluate the data and to use the information in the preparation of its response to PI's solicitation. If, at a later date, Bidder desires to use this information for any other purpose, Bidder agrees not to do so unless and until obtaining a contract from PI -- in which case, Bidder's use will be only for the purposes of performing under that contract -- or unless and until it obtains PI's written permission.
  3. Bidder agrees to destroy or return the data to PI in the event that Bidder is not selected to receive the contract resulting from this solicitation.
  4. The above obligations will not apply or will cease to apply, as appropriate, to the information disclosed when it can be established by Bidder that the information was in the public domain at the time of this disclosure, such information was known to Bidder prior to this disclosure; or such information has become known to Bidder from an independent source which did not receive it from PI under an obligation of confidence.

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Copyright 2003 PANDJIRIS®, INC. All rights reserved.
5151 Northrup Ave., St. Louis, MO, 63110 USA
314-776-6893, 314-776-8763 (fax)
www.pandjiris.com

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