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materials, literature, specifications, test data. The Buyer shall determine in its sole discretion whether <br /> a product is acceptable as an equivalent. <br /> 2.11 Performance Qualifications <br /> The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, <br /> or facilities offered by Respondent meet the Contract requirements. Respondent shall at all times <br /> during the Contract term remain responsive and responsible. In determining Respondent's <br /> responsibility as a vendor, the agency shall consider all information or evidence which is gathered or <br /> comes to the attention of the agency which demonstrates the Respondent's capability to fully satisfy <br /> the requirements of the solicitation and the contract. <br /> Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, <br /> and financial standing, as well as a statement as to plant, machinery, and capacity of the Respondent <br /> for the production, distribution, and servicing of the product bid. If the Buyer determines that the <br /> conditions of the solicitation documents are not complied with, or that the product proposed to be <br /> furnished does not meet the specified requirements, or that the qualifications, financial standing, or <br /> facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or <br /> terminate the Contract. Respondent may be disqualified from receiving awards if Respondent, or <br /> anyone in Respondent's employment, has previously failed to perform satisfactorily in connection with <br /> public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer <br /> to make an investigation either before or after award of the Contract, but should the Buyer elect to do <br /> so, Respondent is not relieved from fulfilling all Contract requirements. <br /> 2.12 Public Opening <br /> Responses shall be opened on the date and at the location indicated on the Timeline. Respondents <br /> may, but are not required to, attend. The Buyer may choose not to announce prices or release other <br /> materials pursuant to s. 119.071(1)(b), Florida Statutes. Any person requiring a special <br /> accommodation because of a disability should contact the Procurement Officer at least five (5) <br /> workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the <br /> Buyer by using the Florida Relay Service at(800) 955-8771 (TDD). <br /> 2.13 Electronic Posting of Notice of Intended Award <br /> Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a <br /> notice of intended award at http://fcn.state.fl.us/owa vbs/owa/vbs www.main menu. If the notice of <br /> award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the <br /> delay and a revised date for posting the notice of intended award. Any person who is adversely <br /> affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic <br /> posting. The Buyer shall not provide tabulations or notices of award by telephone. <br /> 2.14 Firm Response <br /> The Buyer may make an award within sixty (60) days after the date of the opening, during which <br /> period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) <br /> days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives <br /> from the Respondent written notice that the response is withdrawn. Any response that expresses a <br /> shorter duration may, in the Buyer's sole discretion, be accepted or rejected. <br /> 2.15 Clarifications/Revisions <br /> Before award, the Buyer reserves the right to seek clarifications or request any information deemed <br /> necessary for proper evaluation of submissions from all Respondents deemed eligible for Contract <br /> award. Failure to provide requested information may result in rejection of the response. <br /> 2.16 Minor Irregularities/Right to Reject <br /> The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to <br /> waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve <br /> the State's best interests. The Buyer may reject any response not submitted in the manner specified <br /> by the solicitation documents. <br /> 618-001-10-1 Office and Educational Consumables ITN Page 15 of 77 <br />