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15.2. Purchase Order If a Purchase Order is awarded, it shalt be awarded to the responsive and responsible Contractor whose Bid folfowed all directions in the NIB and would be most advantageous to the City as set forth in the Review and Selection Process. The award of this contract wili not be based on price alone. Factors that would affect the final cost to and the benefits to be derived by the City will be considered. The City reserves the right to reject any and all bids and to waive any informality in bids received. 16. Public Nature of Bid Material Responses to this NIB become the exclusive property of the City. At such time, recommendation of Award of Contract is made to the City Manager or the City Council, as applicable, all Bids received in response to this NIB becomes a matter of public record and shall be regarded as public records, with the exception of those elements in each Bid which are defined by the Contractor as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or "Proprietary." The City shall not in any way be liable or responsible for the disclosure of any such Bid or portions thereof, if they are not plainly marked as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required under the Public Records Act. Any Bid which contains language pu�porting to render all or significant portions of the Bid "Confidential," "Trade Secret,"or "Proprietary"shall be regarded as non-responsive. Although the California Public Records Ad recognizes that certain confidential trade secret information may be protected from disclosure, the City may not accept or approve that the information that a Contractor submits is a trade secret. If a request is made for information marked as "Confidentiat," "Trade Secret," or"Proprietary,"the City shall provide the Contractor who submitted the information with reasonable notice to allow the Contractor to seek pratection from disclosure by a court of competent jurisdictian. 17. Collusion By submitting a Bid, each Contractor represents and warrants that its Bid is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein;that the Contractor has not directly induced or solicited any other person to submit a sham Bid or any other person to refrain from submitting a Bid; and that the Contractor has not in any manner sought collusion to secure any improper advantage over any other person subrnitting a Bid. 18. Fair Dealing/Conflict of Interest The Contractor warrants that no gratuities, in the form of entertainment, gifts or otherwise, were, or will be offered or given by the Contractor, or any agent or representative of the Contractor to any officer or employee of the City with a view toward securing a recommendation of award or subsequent contract or for securing more favorable treatment with respect to making a recommendation of award. PUBLIC WORKS DIVISION Uniform Rental/Laundry Services Page 9