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Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in <br /> preparing or producing its response or for any work performed before the Contract is effective. <br /> 18. Contract Overlap. Respondents shall identify any products covered by this solicitation that <br /> they are currently authorized to furnish under any state term contract. By entering into the <br /> Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the <br /> manner the Buyer deems to be in its best interest. <br /> • • 19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access • <br /> to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public <br /> record. As such, all responses to a competitive solicitation are public records unless exempt by <br /> law. Any respondent claiming that its response contains information that is exempt from the <br /> public records law shall clearly segregate and mark that information and provide the specific <br /> statutory citation for such exemption. <br /> 20. Protests. Any protest concerning this solicitation shall be made in accordance with sections <br /> 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida <br /> Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of <br /> a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value <br /> for the State and that specifications are written to ensure competitiveness, fairness, necessity and <br /> reasonableness in the solicitation process. <br /> Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of <br /> protest of the solicitation documents shall be made within seventy-two hours after the posting of <br /> the solicitation. <br /> Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: <br /> "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall <br /> constitute a waiver of proceedings under Chapter 120, Florida Statutes." <br /> Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the <br /> solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida <br /> Statutes, or failure to post the bond or other security required by law within the time allowed for <br /> filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." <br /> 21. Limitation on Vendor Contact with Agency During Solicitation Period. Respondents to <br /> this solicitation or persons acting on their behalf may not contact, between the release of the <br /> solicitation and the end of the 72-hour period following the agency posting the notice of intended <br /> award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the <br /> executive or legislative branch concerning any aspect of this solicitation, except in writing to the <br /> procurement officer or as provided in the solicitation documents. Violation of this provision may <br /> be grounds for rejecting a response. <br /> 15 <br />