HomeMy WebLinkAboutBID - 5774 MAPO ATHLETIC FIELD PAINTAdministrative Services
Purchasing Division
CITY OF FORT COLLINS
INVITATION TO BID
City of Fort Collins BID #5774
MAPO — ATHLETIC FIELD PAINT
BID OPENING: MARCH 12, 2003, 2:30P.M. (our clock)
Sealed bids will be received and publicly opened at the office of the Director Of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and
date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North
Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins,
80522-0580.
The Agencies including Cities of Broomfield, Englewood, Fort Collins, Lakewood, Loveland, Wheat Ridge,
Brighton, Westminster and School Districts of Thompson, Cherry Creek, Aurora, Boulder Valley, Littleton and
Districts of Foothills and Metro and acting collectively through their authorized procurement officials
respectfully request separate sealed Bids for the purchase of athletic field paint. This is a one year contract
and the Agreement may be extended for additional one year periods not to exceed three (3) additional one
year periods.
Bids shall be in a sealed envelope, plainly marked "MAPO BID # 5774.
Bids must be received at the Purchasing Office prior to 2:30p.m. (our clock), March 12, 2003.
A copy of the Bid may be obtained as follows:
1. Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to request
document #25774. (The bid number must be preceded by a 2 when using the Fax -line.)
2. Download the Bid from the Purchasing Webpage, Current Bids page, at:
www.fcgov.com/purchasing.
3. Come by Purchasing at 215 North Mason St., 2nd floor., Fort Collins, and request a copy of
the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal capacity to
bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once
bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the
purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a
period of twelve months from the date of the opening. The City may also pursue any remedies available at
law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the
City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by
the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by
the bid number and bid name contained in the bid proposal.
215 North Mason Street • 2nd Floor • P.O.Tox 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
Notwithstanding the above, the successful vendor shall not be relieved of liability to the Agency for
damage sustained by the Agency by virtue of breach of the award by the successful vendor and
the Agency may withhold any payments to the successful vendor for the purpose of set off until
such time as the exact amount of damages due the Agency from the successful vendor is
determined.
7. TERMINATION OF AWARD FOR CONVENIENCE
The Agency may terminate the award at any time by giving written notice to the successful vendor
of such termination and specifying the effective date thereof, at least thirty (30) working days
before the effective date of such termination. In that event, all finished or unfinished services,
reports, material(s) prepared or furnished by the successful Bidder under the award shall at the
option of each Agency become its property. If the award is terminated by each Agency as provided
herein, the successful vendor will be paid an amount which bears the same ratio to the total
compensation as the services actually performed or material furnished bear to the total
services/materials the successful Bidder covered by the award, less payments of compensation
previously made. If the award is terminated due to the fault of the successful Bidder, termination of
award for cause, relative to termination shall apply.
8. ACCEPTANCE OF TERMS BY SHIPMENT
Shipment of all or any portion of the goods covered by this order shall be deemed an acceptance
of the Bid upon the terms and prices set forth herein.
9. ASSIGNMENT
Bidder shall not assign this order nor any monies to become due hereunder without the prior
written consent of each Agency. Any assignment or attempt at assignment made without such
consent of the Agency shall be void.
10. TAXES
The Agencies are exempt from City, County, State and Federal Sales/Excise Taxes. Certificates
will be issued upon request. Any appropriate taxes shall be shown as a separate item on your Bid.
Bidder shall obtain all appropriate tax exemption certificates from the Agencies.
11. EQUAL OPPORTUNITY
The successful firm will agree not to refuse to hire, discharge, promote, demote, or to otherwise
discriminate in matters of compensation against any person otherwise qualified solely because of
race, creed, sex, national origin, ancestry or physical handicap.
12. AMERICANS WITH DISABILITIES ACT
It shall be a condition that any company, firm or corporation supplying goods or services, must be
in compliance with the appropriate areas of the Americans With Disabilities Act of 1990 as enacted,
and from time to time amended, and any other applicable Federal regulation. A signed, written
certificate stating compliance with the Americans With Disabilities Act may be required, upon
request, by any participating Agency.
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13. COMMON LANGUAGE
Unless otherwise specified in this document, all words shall have a common language unless the
context in which they are used clearly requires a different meaning. Words in the singular number
include the plural, and in the plural include the singular. Additionally, words in the masculine
gender include the feminine and the neuter, and when the sense so indicates, words of the neuter
gender may refer to any gender.
14. PROPRIETARY INFORMATION
All information included in any Bid that is of a proprietary nature must be clearly marked as such.
Each Agency shall be held harmless from any claims arising from the release of proprietary
information not clearly designated as such by the proposing firm.
Because of the need for public accountability, the following information concerning the Bid will not
be considered proprietary, even if such information is clearly marked as such: prices of Bid, non-
financial information concerning compliance with specifications, guarantees and warranties.
15. COMPETITIVENESS AND INTEGRITY
The collective Agencies have assigned control of this acquisition process to the Host Agency
identified in the Bid Notice of this document, to prevent biased evaluations and to preserve the
competitiveness and integrity of such acquisition efforts. Offerors are to direct all communications
regarding this Bid to the designated Host Agency, unless otherwise specifically noted. Attempts by
offering firms to circumvent this requirement will be viewed negatively and may result in rejection of
the offer of the firm found to be in non-compliance. The Host Agency may refer communications to
other participating Agencies for clarification.
16. FOB POINT
The FOB point shall in all cases be destination(s). If freight is charged to any of the Agencies, the
vendor will prepay and add.
17. CREDIT
If a vendor places any dollar limitations for credit extended on a purchase order, the participating
Agencies will consider such limitations in the evaluation of the Bids. Any credit limits without
justification may cause the Agencies to disqualify the Bid. Additionally, MAPO Agencies will not
complete credit applications.
11
VA
SPECIAL INSTRUCTIONS TO BIDDERS
COLLECTIVE
BIDS MUST BE PREPARED ON THE FORMS PROVIDED HEREIN.
Bids shall consist of:
ATHLETIC FIELD LATEX PAINT
Each item on the bid must be bid individually, and the Agencies reserve the right to accept the lowest
and best bid per item, combination of items, or all items combined, whichever is deemed in the best
interest, and actual applications as appropriated by the Agencies.
Releases to be made as required throughout the period of the award. Consideration will be given to
vendors with a favorable firm price period with no minimum release requirements.
Prices must remain in effect from Date of Award through February 28, 2004.
The quantities listed are estimates and may increase or decrease as deemed necessary by the
Agencies.
This award may be extended for an additional 3 (three) twelve (12) month periods, contingent upon
future years funding, and agreement of the Agencies.
Direct all questions to John Stephen, CPPB, Senior Buyer, 970-221-6775 or e-
mail at jstephen@fcgov.com
12
VB
SPECIAL INSTRUCTIONS TO BIDDERS
INDIVIDUAL
NOTE: Each Bidder may use contacts listed below to obtain information on published specifications,
quantities, special conditions or instructions, physical delivery points and/or any other elements
necessary to submit a complete bid.
AGENCY:
City of Broomfield
CONTACT:
Bill Cooksey
PHONE NO:
(303)464-5666
AGENCY:
City of Englewood
CONTACT:
Jerry Barton
PHONE NO:
(303) 762-2520
AGENCY:
City of Fort Collins
CONTACT:
Roger Daigle
PHONE NO:
(970) 221-6660
AGENCY:
City of Lakewood
CONTACT:
Barbara Ruley
PHONE NO:
(303) 987-7675
AGENCY:
City of Loveland
CONTACT:
Dale Osborn
PHONE NO:
(970)962-2434
AGENCY:
City of Brighton
CONTACT:
Sharon Williams
PHONE NO:
(303) 655-2001
AGENCY:
City of Westminster -Parks
CONTACT:
Eric Pollock
PHONE NO:
(303) 430-2400 x2571
AGENCY:
City of Wheat Ridge
CONTACT:
Jim Spaulding
PHONE NO:
(303) 231-1310
AGENCY:
Aurora Public Schools
CONTACT:
Stan Sweet
PHONE NO:
(303) 367-3000 x28616
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AGENCY:
Cherry Creek School District
CONTACT:
Duane Johnson
PHONE NO:
(720) 886-7300
AGENCY:
Boulder Valley Schools
CONTACT:
Ted Gammon
PHONE NO:
(303) 442-5014
AGENCY:
Littleton Public Schools
CONTACT:
Virginia Vaccaro, C.P.M.
PHONE NO:
(303) 347-3431
AGENCY:
Thompson School District
CONTACT:
Ken Scritchfield
PHONE NO:
(970) 613-5124
AGENCY:
Foothills Park & Recreation District
CONTACT:
Bill Johnsmiller
PHONE NO:
(303) 409-2323
AGENCY: Metro Districts Parks and Open Space
CONTACT: Nick Giauque
PHONE NO: (303) 791-2710 x227
Direct all questions to John Stephen, CPPB, Senior Buyer, 970-221-6775 or e-
mail at jstephen@fcgov.com
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VI
SPECIFICATIONS FOR FIELD MARKING LATEX PAINT
1) GENERAL
♦ Paint to be Acrylic Modified Vinyl Flat that is recommended for temporary marking paint for use on
grass, artificial turf and gravel tracks. Paint is readily removable and will not be used where
durability is required.
♦ Paint to contain no lead and complies with EPA's voluntary 33/50 program.
♦ Paint must be able to be applied by brush, roller, conventional or airless sprayer.
♦ Paint to be set to touch within 30 minutes and thoroughly dry within 1 hour.
♦ Clean up must be with water only or water with soap.
♦ Paint must not be allowed to freeze.
♦ The specification shall be considered a minimum specification.
♦ Minimum ingredient (or approved equal) specification is:
1. Water
Calcium Carbonate
Titanium Dioxide
Propylene Glycol
Crystalline Silica -Quartz
Approved equal
2. (+or- 2%)
Pigment
Ti02
Carbonate
Vehicle
45-<60 weight percent
10-<20 weight percent
10-<20 weight percent
1-<5 weight percent
1-<5 weight percent
47%
10%
37%
53%
2) ORDERING and DELIVERY REQUIREMENTS
♦ Awarded vendor must deliver paint only when ordered by an agency and in quantities specified.
♦ Minimum paint ordered maybe 10 (ten) gallons.
♦ Paint must be delivered in 5 gallon container.
♦ Delivery must be within 48 hours ARO.
♦ Awarded vendor must provide MSDS to each agency prior to paint delivery
15
VII
ESTIMATED QUANTITIES AND BID FORM
THE QUANTITIES ARE ESTIMATES ONLY. AWARD WILL BE BASED ON LOWEST, RESPONSIVE AND
RESPONSIBLE PRICE PER GALLON.
QUANTITY
COLOR
PRICE PER GALLON
16545 GALLONS
WHITE
$
730 GALLONS
YELLOW, RED, GREEN, BLUE,
ORANGE
$
SIGNATURE PAGE
The undersigned Bidder, having examined these documents, and having full knowledge of the condition
under which the work described herein must be performed, hereby proposes that he will fulfill the
obligations contained herein in accordance with all terms, conditions, and specifications set forth; and
that he will furnish all required products and pay all incidental costs in strict conformity with these
documents, for the stated prices as payment in full.
Submitting Firm:
(Corporation, DBA, Partnership, LLC, or PC?)
Address:
Telephone Number:
Name of Agent (print/type):
Title
Authorized Signature:
Date:
Attest
My Commission Expires:
CORPORATE SEAL
16
VIII
ADDENDA FORM
The undersigned hereby acknowledges receipt of the following applicable addenda:
Addenda Number Date
FIRM NAME
SIGNATU
17
VII
ESTIMATED QUANTITIES AND BID FORM
THE QUANTITIES ARE ESTIMATES ONLY. AWARD WILL BE BASED ON LOWEST, RESPONSIVE AND
RESPONSIBLE PRICE PER GALLON.
QUANTITY
COLOR
PRICE PER GALLON
16545 GALLONS
WHITE
$ 3.15
730 GALLONS
YELLOW, RED, GREEN, BLUE,
ORANGE
$ 7. 65
_
SIGNATURE PAGE
The undersigned Bidder, having examined these documents, and having full knowledge of the condition
under which the work described herein must be performed, hereby proposes that he will fulfill the
obligations contained herein in accordance with all terms, conditions, and specifications set forth; and
that he will fumish all required products and pay all incidental costs in strict conformity with these
documents, for the stated prices as payment in full.
Submitting Firm: Kwal Paint, Inc.
(Corporation, DBA, Partnership, LLC, or PC?)
Address: 3900 Joliet St
Denver, CO 80239
Telephone Number: (303) 371-5600
Name of Agent (print/type): Miles Tl nnn
Title:
Autho
Date:
Attest:
My Commission Expires: / sr , 'W�3
CORPORATE SEAL
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16 ��9TF FBCO\-�PPO
My Commission Expires July 31, 2003
No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in
default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis,
whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and
to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial
interest in the sale to the City of any real or personal property, equipment, material, supplies or services
where such officer or employee exercises directly or indirectly any decision -making authority concerning such
sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with
the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary
value from any person who has or is seeking to do business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered
as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's
purchasing restrictions. A copy of the resolutions are available for review in the Purchasing Office or the City
Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to
authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a
collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self -stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid
opening.
e B. O'Neill II, CPPO, FNIGP
or of Purchasing and Risk Management
Hosting Agency — City of Fort Collins
2
n.
INDEX OF CONTENTS
INVITATION TO BID
II. INDEX OF CONTENTS
III. INSTRUCTIONS TO BIDDERS
IV. TERMS AND CONDITIONS
V. SPECIAL INSTRUCTIONS TO BIDDERS
A. COLLECTIVE
B. INDIVIDUAL
VI. TECHNICAL SPECIFICATIONS
VII. BID FORM AND SIGNATURE PAGE
VIII. ADDENDA PAGE
3
III
INSTRUCTIONS TO BIDDERS
BID OPENING AND AWARD
Bids will be examined promptly after opening, and an abstract will be provided upon request.
(Supply a self addressed, stamped envelope with your Bid.) NO BID RESULTS WILL BE GIVEN
OVER THE TELEPHONE. No Bid may be withdrawn for a period of sixty (60) calendar days of the
Bid Opening date.
2. AGENCIES
The Host Agency is the Agency who is facilitating this Bid Agencies is defined as the Agencies
participating in the Bid.
3. BIDDER QUALIFICATIONS
No Bid shall be accepted from and no contract will be awarded to any person, firm or corporation
that is in arrears to any participating Agency, upon debt or contract that is a defaulter, as surety or
otherwise, upon any obligation to the Agencies or that is deemed irresponsible or unreliable by the
individual Agencies. If requested, Bidders shall be required to submit satisfactory evidence that
they have a practical knowledge of the particular supply/service Bid upon and that they have the
necessary financial resources to provide the proposed supply/service called for as described in the
attached Technical Specifications.
4. BID FORM
Each Bidder must submit an original Bid and additional copies as required on the forms attached.
The Bidder shall sign his Bid correctly, and the Bid may be rejected if it shows any omissions,
alterations of the form, additions not called for, conditional Bid, or any irregularities of any kind.
In case of a discrepancy between the unit price and the extended price, the unit price shall prevail.
5. SPECIFICATION DEVIATIONS BY THE BIDDER
Any deviation from this specification MUST be noted in detail, and submitted in writing on the Bid
Form. Completed specifications should be attached for any substitutions offered, or when
amplifications are desirable or necessary. The absence of the specification deviation statement
and accompanying specifications, will hold the Bidder strictly accountable to the specifications as
written herein. Failure to submit this document of specification deviation, if applicable, shall be
grounds for rejection of the item when offered for delivery. If specifications or descriptive papers
are submitted with Bids, the Bidder's name should be clearly shown on each document.
rd
6. BIDDER REPRESENTATION
Each Bidder must sign the Bid with their usual signature and shall give their full business address
on the form provided in this Bid. Bids by partnerships shall be signed with the partnership name by
one of the members or by an authorized representative. Bids by corporations shall be signed with
the name of the corporation followed by the signature and designation of the President, Secretary,
or other person authorized to bind it in the matter and shall have the corporate seal affixed thereto.
7. BROCHURES
Bids shall include adequate brochures, latest printed specifications and advertising literature,
describing the product offered in such fashion as to permit ready comparison with our
specifications on any item -by -item basis where applicable.
8. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS
All changes in Bid documents shall be through written addendum and furnished to all Bidders.
Verbal information obtained otherwise will NOT be considered in awarding of Bids.
9. BID CHANGES
Bids, amendments thereto, or withdrawal requests received after the time advertised for Bid
Opening, will be void regardless of when they were mailed.
10. BASIS OF BID AWARD
Award of Bid shall be made to the lowest responsive, and responsible Bidder(s) meeting the
specifications. The following is a partial list of the criteria that may be used in the award of this Bid.
A. Superior quality and adherence to specifications
B. Adequate maintenance and service
C. Delivery and/or completion time
D. Guarantees and Warranties
E. Company's reputation and financial status
F. Past experience and cost with same or similar equipment or service
G. Anticipated future cost and experience
11. INSURANCE
For SERVICES requiring contractor's presence on any Agency property, the successful Bidder
shall, during the term of this Agreement and until completion thereof, provide and maintain the
following minimum coverages:
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Type of Insurance
Standard Workers' Compensation &
Employers' Liability Including
Occupations Disease Coverage
Comprehensive General Liability
Insurance
Comprehensive Automobile Liability
Insurance
Umbrella Liability Coverage
Minimum Limits of Liabilitv
Statutory in conformance with the
compensation laws of the State of
Colorado
$ 150,000 each person;
$1,000,000 each occurrence
$ 150,000 each person;
$1,000,000 each person
$1 million
The successful Bidder shall effect the insurance policies in a company or companies and in a form
satisfactory to the Owner. Before commencing any performance under this Agreement, successful
Bidder shall deliver, to each Agency, Certificates of Insurance issued by the insurance company,
and/or its duly authorized agents pertaining to the aforementioned insurance, and certifying that the
policies stipulated above are in full force and effect.
All policies and/or Certificates of Insurance shall include each individual entity as an additional
named insured.
Nothing herein shall be deemed or construed as a waiver of any of the protections to which the
Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-
101, C.R.S., as amended.
12. DELIVERY DATE
The delivery time, as stated in the Bid Form, shall be the time required to deliver the complete item
after the receipt of the order or award of the Contract. Where multiple items appear on a Bid
request, the Bidder shall, unless otherwise stated by the participating Agencies, show the delivery
time for each item separately. If only a single delivery time is shown, it will be assumed to mean
that all items included in the Bid can and will be delivered on or before the specified date. The
Bidder agrees that the delivery will be completed in the time stated assuming that the time between
the Bid Opening and the placing of the order, does not exceed the number of days so stipulated.
The right is reserved to reject any Bid in which the delivery time indicated is considered sufficient to
delay the operational needs for which the commodity/service is intended.
13. CASH DISCOUNTS
Cash discounts should be so stated on the Bid Form. Prices bid must, however, be based upon
payment in thirty (30) days. In all cases, cash discounts will be calculated from the date of the
invoice or the date of acceptance, whichever is later.
14. TIE BIDS
In the case of tie Bids, the Agencies reserve the right to make the award based on the factors
previously outlined in paragraph number ten.
2
15. BID REJECTION OR PARTIAL ACCEPTANCE
The Agencies reserve the right to reject any or all Bids. They further reserve the right to waive
technicalities and formalities in Bids, as well as to accept in whole or in part such Bid or Bids where
they deem it advisable in protection of the best interests of the Agencies.
16. INVOICES
Individual purchase orders will be assigned to the successful Bidder(s) from the participating
Agencies in this Bid and each is to be invoiced separately. All invoices submitted must show the
respective Agency's purchase order number.
17. PAYMENTS
Payments will be made for all goods/services delivered within 30 days of receipt and acceptance of
delivery.
18. MODIFICATION, ADDENDA AND INTERPRETATIONS
Any apparent inconsistencies, or any matter seeming to require explanation or interpretation, must
be inquired into by the Bidder at least 72 hours (excluding weekends and holidays) prior to the time
set for the Bid Opening. Any and all such interpretations or modifications will be in the form of
written addenda. All addenda shall become part of the Contract Documents and shall be
acknowledged and dated on the Bid Form. All requests for information should be in writing or
telephoned to the Host Agency.
19. LAWS AND REGULATIONS
All applicable State of Colorado and Federal laws, City and County ordinances, licenses and
regulations of all Agencies having jurisdiction shall apply to the award throughout and incorporated
here by reference.
20. SUBCONTRACTING
No portion of this Bid may be subcontracted without the prior written approval by each Agency.
21. TELEGRAPHIC/ELECTRONIC BID SUBMITTAL
Telegraphic and/or Bid offers sent by electronic devices are not acceptable and will be rejected
upon receipt. Proposing firms will be expected to allow adequate time for delivery of their Bid
either by air freight, postal service, or other means.
22. MISCELLANEOUS
The Agencies reserve the right, either collectively or separately, to reject any and all Bids or parts
thereof. The participating Agencies reserve the right to inspect vendor's facilities prior to the award
of this Bid. The Agencies reserve the right, either collectively or separately, to negotiate optional
items with the successful Bidder.
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23. COOPERATIVE BIDDING
Other governmental agencies may be extended the opportunity to purchase off this Bid with the
agreement of the successful vendor(s) and the participating MAPO Agencies. Requests for
participation of other Agencies will be coordinated by the MAPO Agency hosting the Bid The Host
Agency may notify the vendor(s) and the Agency wishing to participate, in writing.
0
IV
TERMS AND CONDITIONS
1. MODIFICATION OF AGREEMENT
No modification of award shall be binding upon any participating Agency unless made in writing
and signed by authorized agents of each participating Agency.
2. WARRANTIES
Bidder warrants that all articles, materials and work will conform within applicable drawings,
specifications, samples and/or other descriptions given to Agencies, and will be free from defects.
Without limitation of any rights which Agencies may have by reason of any breach of warranty,
goods which are not as warranted may be returned at Bidder's expense at reasonable time after
delivery, for either credit or replacement, as each participating Agency may direct.
3. OVERSHIPMENTS
Material shipped in excess of quantity ordered may be returned at Bidder's expense.
4. CANCELLATION
Either party may cancel the award in the event that a petition, either voluntary or involuntary, is
filed to declare the other party bankrupt or insolvent or in the event that such party makes an
assignment for the benefit of creditors.
5. PATENT GUARANTEE
Bidder shall, with respect to any device or composition of Bidder's design or Bidder's standard
manufacture, indemnify and hold harmless each participating Agency, its employees, officers, and
agents, from costs and damage as finally determined by any court of competent jurisdiction for
infringement of any United States Letters Patent, by reason of the sale of normal use of such
device or composition, provided that Bidder is promptly notified of all such actual or potential
infringement suits, and is given an opportunity to participate in the defense thereof by the
Agencies.
6. TERMINATION OF AWARD FOR CAUSE
If, through any cause, the successful Bidder shall fail to fulfill in a timely and proper manner its
obligations or if the successful vendor shall violate any of the covenants, agreements or
stipulations of the award, the Agency shall thereupon have the right to terminate the award by
giving written notice to the successful Bidder of such termination and specifying the effective date
of termination. In that event, all finished or unfinished services, reports or other materials prepared
by the successful Bidder shall, at the option of the Agency, become its property, and the successful
Bidder shall be entitled to receive just, equitable compensation for any satisfactory work
completed, prepared documents or materials as furnished.
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