Description

Cherokee Nation Entertainment, LLC is soliciting sealed bids to furnish a proposal for food service equipment remodel for West Siloam Springs.

Detail

REQUEST FOR PROPOSAL (RFP) PROJECT NAME: Daiquiri bar – Cherokee Casino West Siloam Springs RFP NUMBER: Click or tap here to enter text. DATED:11/25/2025   Table of Contents Table of Contents 2 SECTION I 4 SOLICITATION TO BID 4 RESPONSE INSTRUCTIONS 4 SECTION II 4 INSTRUCTIONS TO BIDDER 4 1.00 DEFINITIONS 4 2.00 DESCRIPTION of WORK 5 3.00 FAMILIARITY WITH RFP DOCUMENTS and PROPOSED WORK 5 4.00 BIDDING INSTRUCTIONS 5 5.00 QUALIFICATION of BIDDERS 6 6.00 INTERPRETATIONS 7 7.00 CONTRACT TIME 7 8.00 LIQUIDATED DAMAGES 7 9.00 SUBSTITUTE MATERIAL and EQUIPMENT 7 10.00 REJECTION of BIDS 8 11.00 BIDS TO REMAIN OPEN 8 12.00 AWARD of CONTRACT 8 13.00 BEGINNING WORK 10 14.00 INVOICING REQUIREMENTS 10 SECTION III 11 STATEMENT of WORK 11 SECTION IV [Reserved] 12 SECTION V [Reserved] 17 SECTION VI [Reserved] 19 SECTION VII 20 INSURANCE REQUIREMENTS 20 INSURANCE REQUIREMENTS FOR NON-IT SERVICES 20 MINIMUM SCOPE and LIMIT of INSURANCE 20 OTHER INSURANCE PROVISIONS 21 VERIFICATION of COVERAGE 22 SECTION VIII 22 BOND REQUIREMENTS 22 BID BOND and PERFORMANCE, PAYMENT, and MAINTENANCE BONDS: 22 SECTION IX 24 CONFIDENTIALITY and BUSINESS RELATIONSHIP/NON-COLLUSION REPRESENTATIONS 24 SECTION I SOLICITATION TO BID CHEROKEE NATION ENTERTAINMENT, LLC. PROJECT NAME: Daiquiri bar – Cherokee Casino West Siloam Springs Cherokee Nation Entertainment, LLC is soliciting sealed bids to furnish a proposal for food service equipment remodel for West Siloam Springs. RESPONSE INSTRUCTIONS Bids are due on 12/12/2025. All bids shall be submitted by email using the following email address: bids@cnent.com. Please copy and paste the Subject line below into your email subject line. This is the only text that can be in the subject line. RFP documents must be sent as an attachment. Proposals are only accepted when submitted to the email address. We do not accept bids in person or by mail. Do not copy the buyer on the submittal. If you copy the buyer on submittal, it can be grounds for disqualification. Email Subject Line: Click or tap here to enter text. If you do not receive a confirmation of receipt email after sending your RFP response, please call or email your CNE contact. The Bidder must supply all the information required by the RFP Documents, hereinafter defined. SECTION II INSTRUCTIONS TO BIDDER 1.00 DEFINITIONS 1.01 The "RFP Documents" shall mean and shall include the Solicitation to Bid; Instructions to Bidder; Bid Schedule; Statement of Work; Drawings and Specifications, and all other attachments, exhibits, and other documents attached hereto and/or incorporated by reference herein. 1.02 "Company" refers to Cherokee Nation Entertainment, LLC soliciting bids and/or proposals for the Work described in the Statement of Work. 1.03 "Company Representative" refers to the Company personnel designated as the Project Manager as identified in Section I, Solicitation to Bid, or other authorized representative of Company as may be specified in writing. 1.04 "Contractor" refers to the party acting directly or through agents, subcontractors, or employees and is currently under contract with the Company or, upon awarding the bid, will enter into a contract directly with the Company. 1.05 "Subcontractor" refers to the party contracting with the Contractor for any part of the Work as defined in the Statement of Work. 1.06 "Work" includes all services to be performed or things to be furnished by the Contractor, or both services and things, as the context reasonably requires, including all supervision, labor, materials, supplies, tools, equipment, light, water, fuel, power, heat, transportation, or other facilities necessary for the discharge of all of Contractor's obligations as described in the Statement of Work. 2.00 DESCRIPTION of WORK 2.01 The Work to be performed is described in Section III, Statement of Work and Specifications, of the enclosed RFP Documents. 3.00 FAMILIARITY WITH RFP DOCUMENTS and PROPOSED WORK 3.01 The Bidder is responsible for the examination of all RFP Documents, inspection of all work sites, and familiarization with all conditions concerning the Work. Failure or neglect of the Bidder to discharge this responsibility will not excuse nonperformance. 3.02 The Bidder is responsible for estimating the time and quantities of work required to complete the Work. Failure or neglect of the Bidder to discharge its responsibility will not excuse nonperformance. 3.03 The Company may require prospective bidders to complete a Non-Disclosure Agreement prior to providing the Statement of Work to a prospective bidder. 4.00 BIDDING INSTRUCTIONS 4.01 The Bidder shall make its bid by inserting the Bidder's figure in the applicable blanks of the Bid Response provided in the Statement of Work, by initialing those inserted figures, by completing any forms, and by returning the completed Bid Schedule to the Company. 4.02 The Bidder must furnish, with its bid, a completed and signed Confidentiality and Business Relationship/Non-Collusion Representation, a copy of which is included in the RFP Documents as Section IV. 4.03 This procurement may be subject to Cherokee Nation Gaming Commission ("CNGC") policies and procedures. In the event CNGC licensing is applicable, the successful vendor(s) shall be responsible for obtaining all licenses required by CNGC. CNGC licensing requirements may include licensing fees as well as security and background checks of vendor(s) employees. Current policies and procedures can be found on the Cherokee Nation website or by contacting the CNGC office at 918-431-4116. 4.04 This procurement is subject to Cherokee Nation Tribal Employment Rights Office ("TERO") regulations that include a fee of ½ of 1% of the total contract award and, if applicable, the completion of a TERO Labor Agreement and payment of associated fees. The successful Bidder's award will be published on the Cherokee Nation's procurement website, and their performance will also be measured, recorded, and reported to the Cherokee Nation. The complete Act is available by contacting the TERO OFFICE at Tahlequah 918-453-5000. TERO bidders are required to provide a copy, front and back, of their TERO certificate with return bid(s), and failure to do so will result in such bidders not receiving the TERO preferences afforded TERO bidders under the CNE procurement and contracting policies and procedures. 4.05 The Bidder must furnish, with its bid, a subcontractor plan indicating what amount of the Contract, either in dollar estimate or percentage of work estimate, will be subcontracted and the Indian-owned status, if any, of those subcontractors, including tribal identification. 4.06 All names on the Bid Schedule must be typed or printed below the signature. 4.07 The Bid Schedule must be completed in ink or by printer. The Bid Price on the Bid Schedule must be stated in words and figures; in case of a conflict, words will take precedence. No alterations, additions, or erasures shall be made to the Bid Schedule. Erroneous entries shall be lined out and initialed by the Bidder, and the correct entry inserted. 4.09 The Bid Schedule shall contain an acknowledgment of receipt of all Addenda (the numbers shall be filled in on the Bid Schedule). 4.10 The address to which communications regarding the Bid Schedule are to be directed must be shown. 4.11 Bids shall be submitted at the time and place indicated in the Solicitation to Bid., marked with the Project Title, Bid Number, Name, and Address of the Bidder, and accompanied by the other required documents. 5.00 QUALIFICATION of BIDDERS 5.01 No bid will be accepted unless the Bidder can, if requested, show to the satisfaction of the Company evidence of its experience and familiarity with the work of the character specified. This may include, at the Company's option, evidence of similar work by its firm (or principal employees) that has been performed satisfactorily and completed during the past five (5) years. 5.02 No bid will be accepted unless the Bidder can show to the satisfaction of the Company evidence of its financial ability to perform the Work successfully and properly to completion. 5.03 If Bidder has a parent company or relies on a parent company to obtain or fulfill any of the Work to be contracted, then Company has the right to require Bidder's parent company to provide a guarantee of Bidder's proposal and the performance of any obligations arising under a Contract Agreement if Bidder is awarded the bid. 5.04 If awarded the bid, Bidder and any subcontractors of Bidder in the performance of the Work shall, to the greatest extent feasible, give preference to Indian organizations, Indian-owned enterprises, and individuals as certified by TERO. First preference shall be given to members of the Cherokee Nation and their businesses. Second preference shall be given to members of all other federally recognized tribes. 6.00 INTERPRETATIONS 6.01 All questions about the meaning or intent of the RFP Documents shall be submitted to the Company Representative in writing. Replies will be issued by Addenda mailed to, delivered to, or sent by email to all parties recorded by the Company as having received the RFP Documents. Questions received less than two days before the bid opening date will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.00 CONTRACT TIME 7.01 If applicable as required in the Statement of Work, the number of days within which the Work is to be completed or the date by which the Work is to be completed shall be provided as outlined in the Bid Schedule and will be included in the Contract Agreement. 7.02 If a Project Schedule is required or a Date of Substantial Completion is defined per the Statement of Work, then the Contract Time for the work to be performed shall be considered a material consideration in the bid award. 8.00 LIQUIDATED DAMAGES 8.01 Provisions for liquidated damages, if any, will be specified in the Statement of Work and/or as set forth in the Contact Agreement. 9.00 SUBSTITUTE MATERIAL and EQUIPMENT 9.01 If material and equipment as described in the Statement of Work are a basis for award, then the Contract, if awarded, will be based on material and equipment described in the Statement of Work and Specifications without consideration of possible substitute or "equal" items. Whenever it is indicated in the Statement of Work and Specifications that a substitute or "equal" item of material or equipment may be furnished or used by a Contractor if acceptable to the Company, application for such acceptance will not be considered by the Company until after the effective date of the Contract Agreement. 10.00 REJECTION of BIDS 10.01 Bids received more than ninety-six (96) hours, excluding Saturdays, Sundays, and holidays, before the time set for opening bids, as well as bids received after the time set for opening bids, will not be considered and will be returned unopened. 10.02 The Company reserves the right to reject any and all bids when such rejection is in the best interest of the Company. All bids are received subject to this stipulation, and the Company reserves the right to decide which bid shall be deemed lowest and best. A violation of any of the following provisions by the Bidder shall be sufficient reason for rejecting its bid or shall make any Contract between the Company and the Contractor that is based on its bid null and void: (i) divulging the information in said sealed bid to any person, other than those having a financial interest in the said bid, until after bids have been opened; (ii) submission of a bid which is incomplete, unbalanced, obscure, incorrect, or which has conditional clauses, additions, or irregularities of any kind not in the original Bid Schedule, or which is not in compliance with the Instructions to Bidder and Solicitation to Bid, or which is made in collusion with another bidder. The foregoing list is non-exhaustive, and the Company reserves the right to reject a bid or nullify any Contract between the Company and the Contractor based on his bid for any other reason it deems is in the best interest of the Company. 11.00 BIDS TO REMAIN OPEN All bids and pricing submitted under this RFP shall remain valid and open for sixty (60) days after the day of the bid opening, but the Company may, in its sole discretion, release any bid prior to that date. 12.00 AWARD of CONTRACT 12.01 The Company reserves the right to reject any and all bids, to waive any and all bid document requirements, to negotiate Contract terms with the successful Bidder, and the right to disregard all nonconforming, nonresponsive, or conditional bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 12.02 The Company reserves the right to issue one award, multiple awards, or reject all bids. All quotes are subject to negotiation prior to award. Awards may be issued without discussion of the quote received, and quotes should initially be submitted on the most favorable terms from a price and technical standpoint. 12.03 In evaluating bids, the Company shall consider the qualifications of the bidders and whether or not the bids comply with the prescribed requirements. 12.04 The Company may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of subcontractors and other persons and organizations must be submitted. Operating costs, maintenance considerations, performance data, and guarantees of materials and equipment may also be considered by the Company. 12.05 The Company may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications, and financial ability of the bidders, proposed subcontractors, and other persons and organizations to perform the Work in accordance with the terms of a Contract Agreement and to Company's satisfaction within the prescribed time. 12.06 The Company reserves the right to reject the bid of any bidder who does not pass any such evaluation to the Company's satisfaction. 12.07 A Contract Agreement along with the terms and conditions of such agreement will be negotiated upon award. Company may rescind the award of a bid for failure to agree upon the terms of the Contract Agreement within a reasonable period of time or for Bidder's failure to negotiate in good faith or timely respond to requests or inquiries of the Company. Prior to the execution of a Contract Agreement by an authorized representative(s) of each party, the successful Bidder shall not perform any services, conduct any business on Company property, or acquire or procure any supplies, materials, or equipment on behalf of the Company to be used in performing the Work as bid, unless specifically requested by an authorized Company Representative in writing. The Company will notify the successful Bidder in the Statement of Work or Notice of Award that additional executive or board of director approvals will be required prior to negotiating the terms of a Contract Agreement. In the performance of the Work awarded, the Company, Contractor, and its subcontractor(s) shall, to the greatest extent feasible, give preference to Indian organizations, Indian-owned enterprises, and individuals. First preference shall be given to members of the Cherokee Nation. Second preference shall be given to members of all other federally recognized tribes. 12.08 The successful Bidder shall execute and deliver the Contractor's Payment and Performance Bond (if required per the Statement of Work or Contract Agreement) and the required certificate(s) of insurance evidencing the limits and endorsements as required by the terms and conditions of the Contract Agreement within five (5) calendar days of receipt of the Notice of Award. If the successful Bidder fails to execute and deliver the Contractor's Payment and Performance Bond and the required certificates of insurance(s) within five (5) calendar days of the Notice of Award, the Company may annul the Notice of Award. 13.00 BEGINNING WORK The Work shall be commenced as agreed upon by the parties. However, Work shall not be commenced until the Contractor has provided the requisite bonds and proofs of insurance required by the Contract Agreement. 14.00 INVOICING REQUIREMENTS All invoices for the Work submitted by the successful Bidder must be coded in accordance with Company policies. The successful Bidder will be responsible for meeting with the Company's Accounting Department representative regarding necessary coding requirements and complying therewith. SECTION III STATEMENT of WORK CHEROKEE NATION ENTERTAINMENT, LLC. Daiquiri bar – Cherokee Casino West Siloam Springs The work included under these specifications shall consist of furnishing all items, materials,operations, or methods listed, mentioned, indicated, or scheduled in these specifications,including all labor, materials, equipment, insurance, transportation and incidentals necessary and required for project completion. Specifications are found in Exhibit attachment: Section 114000 food service equipment. All equipment must be installed by vendor or third party. All equipment is to be received and stagged by vendor or third party for installation to ensure the condition of the equipment before installation. All bids are due 12/12/2025 by 2:00 PM. All bids shall be submitted by email using the following email address: bids@cnent.com. Please copy and paste the Subject line below into your email subject line. This is the only text that can be in the subject line. RFP documents must be sent as an attachment. Proposals are only accepted when submitted to the email address. We do not accept bids in person or by mail. Do not copy the buyer on the submittal. If you copy the buyer on submittal, it can be grounds for disqualification. Email Subject Line: Click or tap here to enter text. Certificate of Insurability must be submitted with bid. CONFIDENTIALITY and BUSINESS RELATIONSHIP/NON-COLLUSION REPRESENTATIONS must be submitted with bid.   SECTION VII INSURANCE REQUIREMENTS INSURANCE REQUIREMENTS FOR NON-IT SERVICES (Services which will involve Proprietary Information but not Personal Data): Vendor’s Insurance: Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain insurance throughout the duration of the contract for claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data. MINIMUM SCOPE and LIMIT of INSURANCE Coverage shall at a minimum include the following: (1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be at least twice the required occurrence limit. (2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers’S Compensation insurance as statutorily required by applicable jurisdiction(s), with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. OTHER INSURANCE PROVISIONS The insurance policies shall contain, or be endorsed to contain, the following provisions: Additional Insured: The Entity, its owner and/or parent and affiliates, and their officers, officials, employees, and volunteers are to be covered as additional insureds under paragraphs (1) and (2) above with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, or equipment furnished in connection with such work or operations. Primary Coverage: For any claims related to this contract, Vendor’s insurance coverage shall be primary insurance primary coverage at least as broad as provided in ISO CG 20 01 04 13 as respects the Entity, its owner and/or parent and affiliates, and their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Vendor’s insurance and shall not contribute with it. Waiver of Subrogation: Vendor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Vendor may acquire against the Entity by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Vendor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis: (1) The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work; (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work; AND (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. Subcontractors: Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that Entity is an additional insured on insurance required from subcontractors. VERIFICATION of COVERAGE Vendor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the work being performed, risk, prior experience, insurer, coverage, or other special circumstances.   SECTION VIII BOND REQUIREMENTS BID BOND and PERFORMANCE, PAYMENT, and MAINTENANCE BONDS: (A) Bid Bond. If required per the Statement of Work, a Bid Bond may be required as proof of the Bidder's ability to bond the Work. If awarded the Work, Performance, Payment, and Maintenance Bonds may be required as indicated below. (B) Performance and Payment Bond. If required per the Statement of Work or Contract Agreement, the successful Bidder shall obtain and provide to Company a Payment and Performance bond covering the discharge of the successful Bidder's obligations. This insurance guarantee shall represent one hundred percent (100%) of the total contract award (including any and all subsequent additions and deletions to the contract award due to changes in the scope of the work). Said bond shall be issued in a form acceptable to Company covering the obligations of the successful Bidder under the Contract Agreement. Company may, at its election, terminate the Contract Agreement if the required bond is not obtained within such time as Company will deem reasonable (in no event later than commencement of the Work). This insurance guarantee shall remain in full force until final acceptance of successful Bidder's work. Any increase in the Contract amount shall automatically result in a corresponding increase in the Bond's penal amount without notice to or consent from Surety, such notice and consent being hereby waived. Decreases in the Contract amount shall not, however, reduce the Bond's penal amount unless specifically provided in said Change Order. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. (C) Maintenance Bond. If required per the Statement of Work or Contract Agreement, the successful Bidder may be required to obtain and provide to Company a Maintenance Bond guaranteeing Company, that the Bidder will solve all maintenance issues during the specified maintenance period, which is usually one (1) year from final acceptance of successful Bidder's work. The maintenance period could be longer depending upon the terms of the Contract Agreement. Additional bonding requirements may be identified by the Company in the Statement of Work or Contract Agreement.   SECTION IX CONFIDENTIALITY and BUSINESS RELATIONSHIP/NON-COLLUSION REPRESENTATIONS In connection with discussions and/or negotiations between the responding entity ("Bidder") and the applicable Cherokee Nation entity ("Company") (individually "Party" or collectively "Parties") regarding PROJECT NAME: COLLECTIVE KITCHEN EQUIPMENT HARD ROCK TULSA RFP NUMBER: 163849 Each Party agrees that any written information, drawings or data disclosed by the other Party as well as all information becoming known to either Party concerning the other Party's inventions, discoveries, improvements, methods, business plans, ventures, practices, enterprises, or operation, or any other information affecting the business operations of the other Party shall be deemed to be confidential and proprietary information owned by such Party, and shall be protected by the receiving Party in the same manner and with the same degree of care the receiving Party treats its own confidential or proprietary information ("Confidential Information"). The receiving Party agrees to and shall be fully responsible for all Confidential Information of the disclosing Party in the receiving Party's possession and the receiving Party shall promptly upon demand, return all such Confidential Information and reproductions therefrom to the disclosing Party or destroy the Confidential Information and certify such destruction to the disclosing Party. If either Party loses or makes an unauthorized disclosure of the other Party's Confidential Information, it shall notify such other Party immediately and use reasonable efforts to retrieve the lost or wrongfully disclosed Confidential Information. Confidential information shall not be disclosed, except to the extent required by law, to any third person or entity without the prior written consent of the disclosing Party other than to those directors, officers, employees, affiliates, agents or consultants with a need to know the Confidential Information in connection with the project referenced above. Except as permitted in the previous sentence, prior to disclosure to any such third person or entity, such third person or entity must have agreed in writing to treat the Confidential Information as confidential in the same manner as required of the receiving Party. The Parties shall use the Confidential Information only in connection with continuing discussions by the Parties concerning the Project, except as may otherwise be mutually agreed upon in writing. Confidential information shall be treated in the manner specified above until such time as such Confidential Information: (i) is otherwise available in the public domain; (ii) is established to have been lawfully known by the receiving Party prior to receipt of such Confidential Information from the disclosing Party or becomes known by the receiving Party through a third party not subject to the non-disclosure requirements of this Agreement; (iii) is developed by or on behalf of the receiving Party independent of any Confidential Information furnished by the disclosing Party under this Agreement or (iv) is required to be released by a valid law, regulation or court order, and sufficient notice is given by the receiving Party to the disclosing Party of any such requirement or request to permit the disclosing Party to seek an appropriate protective order or exemption from such requirement or request. The receiving Party acknowledges that in the event of an unauthorized disclosure, the damages incurred by the disclosing Party may be difficult if not impossible to ascertain, and that the Disclosing Party may seek injunctive relief as well as monetary damages from the receiving Party. Neither the disclosure of Confidential Information, nor the ongoing discussions and correspondence between the receiving Party and the disclosing Party, shall constitute or imply a commitment or binding obligation between the parties or their respective affiliated companies. Neither Party shall be: (a) responsible or liable for any business decisions made or inferences drawn by the other Party in reliance on this Agreement or in reliance on actions taken or disclosures made pursuant to this Agreement; or (b) liable to or through the other Party for amounts representing loss of profits, loss of business, or special, indirect, consequential, or punitive damages. This Agreement shall be binding upon Company with regard to the Project as if executed by Company and shall become effective upon signature by Bidder ("Effective Date"). The Agreement shall continue in force until terminated by either Party, notice is provided by Company that Bidder was not the winning Bidder, or until superseded by a subsequent non-disclosure or definitive agreement containing confidentiality provisions. The obligations of the parties shall survive and continue beyond the expiration or termination of the Agreement for a period of two (2) years with regard to Confidential Information. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY OR PRESENTED IN THE BID PROPOSAL DOCUMENTATION, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY NATURE WHATSOEVER WITH RESPECT TO ANY INFORMATION DISCLOSED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. The Parties acknowledge that this Agreement does not restrict the ability either to engage in their respective businesses nor does it limit either Party's use or application of any information or knowledge acquired independently of the other without a breach of this Agreement in the course of such Party's business. The Parties agree that this document may be electronically signed and that signatures appearing on this document are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. SIGNED: __________________________________ TITLE: Click or tap here to enter text. DATE: Click or tap to enter a date. CONFIDENTIALITY and BUSINESS RELATIONSHIP/NON-COLLUSION REPRESENTATIONS Click or tap here to enter text., on behalf of Click or tap here to enter text. (Bidder name) represents and warrants that the nature of any partnership, joint venture, or other business relationship presently in effect or which existed within one (1) year prior to the date of this statement with Company or other party to the services provided under the Agreement is as follows: Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text., on behalf of Click or tap here to enter text. (Bidder name) represents and warrants that any such business relationship presently in effect or which existed within one (1) year prior to the date of this statement between any officer or director of Consultant and any officer, director, manager or member of the Board of Directors of Company or other party to the project is as follows: Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text., on behalf of Click or tap here to enter text. (Bidder name) represents and warrants that the names of all persons having any such business relationships and the positions they hold with their respective companies or firms are as follows: Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text., on behalf of Click or tap here to enter text. (Bidder name) represents and warrants that any family/relative relationships present between any officer, director or agent of Bidder and any officer, director, manager or member of the Board of Directors of Company other party to the Agreement is as follows: Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text., on behalf of Click or tap here to enter text. (Bidder name) represents and warrants states that the names of all persons having any such family/relative relationships and the positions they hold with their respective companies or firms are as follows: Click or tap here to enter text. Click or tap here to enter text. If none of the business relationships hereinabove mentioned exist, Representative should so state below Click or tap here to enter text. Click or tap here to enter text. SIGNED: __________________________________ TITLE: Click or tap here to enter text. DATE: Click or tap to enter a date. CONFIDENTIALITY and BUSINESS RELATIONSHIP/NON-COLLUSION REPRESENTATIONS Click or tap here to enter text., on behalf of Click or tap here to enter text. (Bidder name) represents and warrants that (s)he is the agent authorized by the Bidder to submit the attached bid. Representative further states that the Bidder has not been a party to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with any employee of Company or any affiliate or wholly-owned entity of Company as to quantity, quality or price in the prospective definitive Agreement, or any other terms of said prospective definitive Agreement; or in any discussions between bidders and any official of Company or any affiliate or wholly-owned entity of Company concerning the exchange of money or other things of value for special consideration in the letting of a definitive Agreement. SIGNED: __________________________________ TITLE: Click or tap here to enter text. DATE: Click or tap to enter a date.

Documents

RFP

SPEC Section 114000