Specifications

Page 5 of 22
Revised 7/23/14
C. The Commissioner reserves the right to
accept or reject any and all Bids, or
separable portions of offers, to make
awards by items, groups, classes of items,
and to waive technicalities, irregularities,
and omissions if the Commissioner
determines the best interests of the
County will be served. The Commissioner,
in his sole discretion, may accept or reject
illegible, incomplete or vague Bids and his
decision shall be final.
D. Disqualification for Past Performance/
Findings of Non-Responsibility
Bidder may be disqualified from receiving
awards if Bidder has previously failed to
perform satisfactorily in connection with
public Bidding or Contracts or is deemed
a Non Responsive Bidder under Sections
143-5 through 143-9 of the Suffolk County
Code.`
E. Any language in any proposal or
document submitted by a Bidder as part of
their bid that is accepted by the County
cannot be in conflict with any material term
and/or condition relevant to this bid with
the exception of any warranties or the
specifications of the commodity of service
required by this Bid. If there is any conflict
between the Bid and the terms and
conditions of Bid Documents, the terms
and conditions of the Bid documents shall
govern.
8. Substantially Equivalent Bids
A. When two or more low Bids are
substantially equivalent Bids as to pricing
or other factors, the decision of the
Commissioner to award a Contract to one
or more of such Bidders shall be final.
9. Contract Award
A. Subject to the County’s Local Preference
Program, Contracts shall be awarded to
the lowest Responsible Bidder.
B. Subject to and upon compliance with any
prerequisites set forth in the Technical
Specifications, a Contract shall be deemed
executed and created with the successful
Bidder(s), upon the Commissioner’s
mailing or electronic communication to the
address on the Bid/Contract of: (i) a final
Contract Award Notice; (ii) a fully executed
Contract; or (iii) a Purchase Order
authorized by the Commissioner.
C. Unless otherwise authorized in writing by
the Commissioner, no Product is to be
delivered or furnished by Contractor until
transmittal of an official Purchase Order.
D. The Contract is subject to the amount of
funds appropriated, and no liability shall be
incurred by the County beyond the amount
of funds appropriated for the Product(s).
10. Termination
A. For Cause: The Commissioner may
immediately terminate: (i) for a material
breach that remains uncured for more than
thirty (30) days or other specified period
after written notice to the Contractor; (ii)
where, the Commissioner determines that
Contractor becomes unable or incapable
of performing, or meeting any
requirements or qualification set forth in
the Contract, which determination shall be
conclusive; (iii) for nonperformance; or (iv)
Contractor is found guilty after a trial or a
plea of guilty to an offense covered under
the provisions of Sections 143-5 of the
Suffolk County Code. Such termination
shall be upon written notice to the
Contractor.
(i) The County shall be released from
any and all liability under the Contract,
effective as of the date of the
termination notice.
(ii) Nothing contained in this paragraph
shall be construed as a limitation on
the County’s legal or equitable
remedies, or other rights available to
it.
B. For Convenience:
i) The Commissioner shall have the right
to terminate the Contract for convenience,
at any time, without penalty or other early
termination charges due; provided,
however, that no such termination shall be
effective unless the Contractor is given at
least thirty (30) days written notice. If the
Contract is terminated pursuant to this
subdivision, the County shall remain liable
for all accrued but unpaid charges incurred
through the date of termination. Contractor
shall use due diligence and provide any
outstanding deliveries.
ii) The placement of a Purchasing Order
may be terminated by the Commissioner
for convenience upon five (5) days written
notice.