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CITY OF SANTA ANA <br /> <br /> <br /> <br /> <br /> <br /> <br />Significant interpretations or clarifications will be addressed via addenda to this RFP, which will be <br />released and posted on PlanetBids under the “Addenda/Emails” tab. <br /> <br />D. Exceptions <br />Requests submitted for City’s consideration of proposed terms and conditions, including modifications <br />to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for <br />questions. Such requests should include an attachment in Word or PDF format on formal company <br />letterhead that shows the requested modifications. Should the Proposer be considered for award <br />recommendation and progress into the negotiations phase, the requests for exceptions or <br />modifications to the City’s terms and conditions will be discussed at that time. The City will not accept <br />any requests after the deadline for questions and reserves the right to reject or strike any requests <br />for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and <br />indemnification terms and conditions. <br />E. Addenda <br />Any changes in RFP from the date of release to date of submittal will result in an addendum or <br />amendment. Notification of such addendum or amendment shall be posted on the City’s PlanetBids <br />system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be <br />responsible for monitoring the site to obtain information regarding this solicitation. <br /> <br />F. Understanding Proposal <br />It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or <br />requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they <br />significantly change or clarify the RFP requirements or any aspect of the procurement process, will <br />be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to <br />inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any <br />addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm <br />that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. <br />Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability <br />and willingness to perform the requested services under such terms and conditions. Any exceptions <br />to the terms and conditions set forth in the Contract Document shall be submitted to the City by the <br />deadline to submit requests for information or clarification/questions set forth herein. <br /> <br />G. Withdrawals <br />Proposers are responsible for verifying all prices and information before submitting a proposal. <br />Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the <br />proposal by providing written notice of the proposal withdrawal to the Buyer(s). Verbal or telephonic <br />withdrawals are not permissible. <br /> <br />H. Protest Procedures <br />Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the <br />City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest <br />must: <br /> <br />1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP <br />Results/Notice of Intent to Award on the City’s online bidding system; <br />2. Clearly identify the specific irregularity or accusation; <br />3. Clearly identify the specific City staff determination or recommendation being protested; <br />EXHIBIT 1