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RFP 081411 6.1.B. - Page 11 <br /> 1.35 Compliance with laws and standards: All items supplied on this Contract shall comply with any <br /> current applicable safety or regulatory standards or codes. <br /> 1.36 Delivered and operational; Products offered herein are to be proposed based upon being delivered <br /> and operational at the NJPA Member's site. Exceptions to "delivered and operational"must be explicitly <br /> disclosed in the "Total Cost of Acquisition" section of your proposal response. <br /> 1.37 Warranty: The Proposer/Vendor warrants that all products, equipment, supplies, and services <br /> delivered under this Contract shall be covered by the industry standard or better warranty. All products <br /> and equipment should carry a minimum industry standard manufacturer's warranty that includes materials <br /> and labor. The Proposer has the primary responsibility to submit, as a part of Tab 7, product specific <br /> warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser <br /> in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's <br /> warranty which is effective past the expiration of the warranty will be passed on to the NJPA member. <br /> Failure to submit a minimum warranty may result in the non-award. <br /> 1.38 Proposer's Warrants: The Proposer warrants all goods and services furnished hereunder will be <br /> free from liens and encumbrances; and defects in design, materials, and workmanship; and will conform <br /> in all respects to the terms of this RFP including any specifications or standards. In addition, <br /> Proposer/Vendor warrants the goods and services are suitable for and will perform in accordance with the <br /> purposes for which they were intended. <br /> G. CERTIFICATION—FIRM OFFER TO CONTRACT <br /> 1.39 By execution and delivery of a proposal,Proposer certifies: <br /> 1. The submission of the offer did not involve collusion or any other anti- competitive practices; <br /> 2. The Proposer/Vendor shall not discriminate against any employee or applicant for employment <br /> in violation of Federal and State Laws(see Federal Executive Order 11246); <br /> 3. The Proposer has not given, offered to give, nor intends to give at any time hereafter any <br /> economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or <br /> service to a public servant in connection with the submitted offer(see Gratuities); and, <br /> 4. The Proposer agrees to promote and offer to Members only those products/services and/or <br /> services as previously stated, allowed, and deemed a resultant of the contract(s) as NJPA <br /> contract items or services. This clause shall include any future product or service additions as <br /> allowed through Contract additions. <br /> 1.40 A response to this RFP is a firm offer to Contract with the NJPA based upon the goals, intent, terms, <br /> and conditions and scope of products/services contained in and referenced to in this invitation. <br /> 1.41 All stated terms and conditions, expectations to include the goals, intent and scope of this RFP as <br /> described as a part of this RFP, are to be considered binding under the signatures of authorized parties and <br /> are part of the Contract. <br /> H. PRE-PROPOSAL CONFERENCE <br /> 1.42 A Pre-Proposal Conference (Webcast—Conference Call)will be held at the date and time identified <br /> on the title page for this proposal. <br /> 1.43 An invitation with access instructions will be sent via e-mail to all inquirer's the morning following <br /> the deadline for proposal inquiries (the day before the conference). <br /> 1.44 The purpose for the conference is to allow for questions from the Potential Bidders AND to allow for <br /> input from the Potential Bidders regarding perceived improvements to this RFP. <br /> 1. DEFINITIONS <br /> 8 of 47 <br />