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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.
D. Contract Modification(s):
After award, any and all modifications to this contract shall be mutually agreed to by both parties, in
writing, and authorized by the NNPS Purchasing Agent or his designee via issuance of a change order
(purchase order).
E. Offeror Obligation:
Offeror shall carefully examine the contents of this Request for Proposals and any subsequent addenda.
Failure to do so shall not relieve the Successful Offeror of its obligation to fulfill the requirements of any
contract awarded as a result of this RFP.
F. Conditions of Work:
Offeror shall inform itself fully of the conditions relating to services required herein. Failure to do so will
not relieve a Successful Offeror of the obligation to furnish all goods and/or services necessary to carry out
the provisions of this contract.
G. Prime Contractor:
If in its performance of this contract, Successful Offeror supplies goods or services by or through another
party or subcontractor, Successful Offeror agrees that:
1. Successful Offeror shall act as the prime contractor for the goods and services to be provided under
contract and shall be the sole point of contact with regard to all obligations under this contract.
2. Successful Offeror represents and warrants that Successful Offeror has made third parties or
subcontractors aware of the proposed use and disposition of the other party’s products or services, and
that such other party has agreed in writing that it has no objection and that NNPS is not liable to such
third parties or subcontractors for any work performed under this contract.
3. The use of subcontractors and the work they perform must receive the prior written approval of NNPS.
NNPS will designate a Contract Administrator to approve such work.
4. Successful Offeror shall be solely responsible for all work performed and materials provided by
subcontractors.
5. Successful Offeror shall be responsible for the liability of subcontractors for the types and limits
required of the Successful Offeror under this contract.
H. Subcontractors:
Contractor's use of subcontractors and the work they are to perform must receive written approval from the
Contract Administrator at least ten (10) calendar days prior to the work being performed. Contractor shall
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