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<br />o Has within the preceding three years been convicted of or had a civil judgment <br />rendered against them or is presently indicted for or otherwise criminally or civilly <br />charged for: commission of fraud or a criminal offense in connection with obtaining, <br />attempting to obtain, or perfooning a federal, state, or local government transaction or <br />public contract; violation of federal or state antitrust statutes; or commission of <br />embezzlement, theft, forgery, bribery, falsification or destroction of records, making <br />false statements, or receiving stolen property; or . <br />o Has within a three-year period preceding this certification had one or more federal, <br />state, or local government contracts tenninated for cause or default. <br />. The product offered by the respondent will conform to the specifications without <br />exception. <br />. The respondent has read and understands the Contract tenns and conditions, and the <br />submission is made in conformance with those terms and conditions. <br />. If an award is made to the respondent, the respondent agrees that it intends to be legally <br />bound to the Contract that is fonned with the State. <br />. The respondent has made a diligent inquiry of its employees and agents responsible for <br />preparing, approving, or submitting the response, and has been advised by each of them <br />that he or she has not participated in any communication, consultation, discussion, <br />agreement, collusion, act or other conduct inconsistent with any of the statements and <br />representations m{lde in the response. <br />. The respondent shall indemnify, defend, and hold harmless the Buyer and its employees <br />against any cost, dainage, or expense which may be incurred or be caused by any error in <br />the respondent's preparation of its bid. <br />. All information provided by, and representations made by, the respondent are material <br />and important and will be relied upon by the Buyer in awarding the Contract. Any <br />misstatement shall be treated as fraudulent .concealment from the Buyer of the true facts <br />relating to submission of the bid. A misrepresentation sball be punishable under law, <br />including, but not limited to, Chapter 817 of the Florida Statutes. <br /> <br />10. Manufacturer's Name and Approved EquivaJents. Unless otherwise specified, any <br />manufacturers' names, trade names, brand names, information or catalog numbers listed in a <br />specification are descriptive, not restrictive. With the Buyer's prior approval, the Contractor may <br />provide any product that meets or exceeds the applicable specifications. The Contractor shall <br />demonstrate comparability, including appropriate catalog materials,literature, specifications, test <br />data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an <br />equivalent <br /> <br />11. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any <br />time whether the product, qualifications, or facilities offered by Respondent meet the Contract <br />requirements. Respondent shall at all times during the Contract term remain responsive and <br />r~SJ'!l~!~.le:. In cl.et~ Re~ponclcmt's ~"po~bi~ty. ~ a yendor" the ~en~y ~ consider <br />all information or evidence which is gathered or comes to the attention of the agency wliich <br />demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and <br />the contract. <br /> <br />1 , <br /> <br />:(~\ i; ii-')) <br />tJ l' LJ <br />