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provided under this contract shall be a firm fixed-price during the term of the contract.
C. Cost of Responding:
This solicitation does not commit NNPS to pay any costs incurred by the Offeror or any
other party in the preparation and/or submission of proposals or in making necessary
studies or designs for the preparation thereof, nor is NNPS obligated to procure or
contract for such services.
V. GENERAL TERMS AND CONDITIONS
M. Contract Document:
This RFP, its addenda, Successful Offeror’s proposal, any additional information requested,
and negotiated changes and will constitute the final contract hereafter referred to as this
“contract”. These documents will be incorporated by reference into the NNPS purchase
order awarding this contract. This contract shall be governed by the contract documents
in the following order of precedence:
This RFP document; Any negotiated changes to the foregoing documents; and Offeror’s
proposal
N. Proposal Binding for One-Hundred Twenty (120) Days:
Offeror agrees that its Proposal shall be binding and may not be withdrawn for a period of one
hundred (120) calendar days after the scheduled closing date of this Request For Proposals.
O. Proprietary Information/Non-Disclosure:
Offeror is advised that the Virginia Public Procurement Act (Section 2.2-4342, Code of
Virginia, 1950 as amended) shall govern public inspection of all records submitted by
Offeror. Specifically, if Offeror seeks to protect any proprietary data or materials, pursuant
to Section 2.2-4342, Offeror shall:
1. Invoke the protections of this section prior to or upon submission of the data or other materials,
2. Provide a statement that identifies the data or other materials to be protected and that
states the reasons why protection is necessary.
3. Submit trade secrets or other proprietary information under separate cover in a sealed
envelope clearly marked “PROPRIETARY”.
4. Information submitted that does not meet the above requirements will be considered
public information in accordance with State statutes.
5. NNPS reserves the right to submit such information to the NNPS attorney for
concurrence of the Offeror’s claim that it is in fact proprietary.
6. References to the proprietary information may be made within the body of the
Proposal; however, all information contained within the body of the Proposal shall be
public information in accordance with State statutes.
7. Trade secrets or proprietary information submitted by an Offeror in conjunction with this
RFP is not subject to public disclosure under the Virginia Freedom of Information Act
(VFOIA).
8. Information submitted that does not meet the above requirements will be considered
public information in accordance with the VFOIA.
9. An all-inclusive statement that the entire Proposal is proprietary is unacceptable. A
statement that Offeror’s costs and/or Proposal pricing are to be protected is unacceptable.
Offeror will be requested to remove any such statement(s) in order to be eligible for
further consideration.
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