EXTRANEOUS TERMS. Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the bid non-responsive and may result in rejection. Only those extraneous terms which meet all the following requirements will be considered as having been submitted as part of the Bid: a. Each proposed extraneous term (addition, counter- offer, deviation, or modification) must be specifically enumerated in a writing which is not part of a pre- printed form; and b. The writing must identify the particular specification requirement (if any) which Bidder rejects or proposes to modify by inclusion of the extraneous term; and c. The Bidder shall enumerate the proposed addition, counter offer, modification or deviation from the Bid Document, and the reasons therefore. Extraneous term(s) submitted on standard, pre- printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents), whether or not deemed “material”, which are attached or referenced with submissions and which do not meet the above requirements will not be considered part of the bid or resulting Contract, but rather will be deemed to have been included for informational or promotional purposes only. Acceptance and/or processing of the Bid shall not constitute such written acceptance of Extraneous Term(s) or a waiver of the State's rights set forth above.
Appears in 12 contracts
Samples: Contract for the Acquisition of Networking Hardware and Software, Contract for the Acquisition of Networking Hardware and Software, Contract for the Acquisition of Networking Hardware and Software
EXTRANEOUS TERMS. Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the bid Bid non-responsive and may result in rejectionrejection of the Bid. Only those extraneous terms which that meet all the following requirements will may be considered as having been submitted as part of the Bid:
a. Each proposed extraneous term (addition, counter- deletion, counter-offer, deviation, or modification) must be specifically enumerated in a writing which is not part of a pre- pre-printed form; and
b. The writing must identify the particular specification requirement (if any) which that Bidder rejects or proposes to modify by inclusion of the extraneous term; and
c. The Bidder shall enumerate the proposed addition, counter offer, modification or deviation from the Bid Document, and the reasons therefore. Extraneous No extraneous term(s) submitted on standard, pre- printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents), whether or not deemed “material”, which are attached ,” shall be incorporated into a Contract or referenced Purchase Order unless submitted in accordance with submissions and which do not meet the above requirements will not be considered part of and the bid Commissioner or resulting Contract, but rather will be deemed to have been included for informational or promotional purposes onlyAuthorized User expressly accepts each such term(s) in writing. Acceptance and/or processing of the Bid shall not constitute such written acceptance of Extraneous Term(s) or a waiver of the State's rights set forth above).
Appears in 8 contracts
Samples: Centralized Contract for the Acquisition of Microcomputer Systems and Related Services, Contract for the Acquisition of Assistive Technology for Persons With Disabilities, Centralized Contract for the Acquisition of Power Protection Equipment
EXTRANEOUS TERMS. Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the bid non-non- responsive and may result in rejection. Only those extraneous terms which meet all the following requirements will be considered as having been submitted as part of the Bid:
a. Each proposed extraneous term (addition, counter- counter-offer, deviation, or modification) must be specifically enumerated in a writing which is not part of a pre- pre-printed form; and
b. The writing must identify the particular specification requirement (if any) which Bidder rejects or proposes to modify by inclusion of the extraneous term; and
c. The Bidder shall enumerate the proposed addition, counter offer, modification or deviation from the Bid Document, and the reasons therefore. Extraneous term(s) submitted on standard, pre- pre-printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents), whether or not deemed “material”, which are attached or referenced with submissions and which do not meet the above requirements will not be considered part of the bid or resulting Contract, but rather will be deemed to have been included for informational or promotional purposes only. Acceptance and/or processing of the Bid shall not constitute such written acceptance of Extraneous Term(s) or a waiver of the State's rights set forth above.
Appears in 6 contracts
Samples: Centralized Contract for the Acquisition of Networking Hardware and Software, Centralized Contract for the Acquisition of Networking Hardware and Software, Centralized Contract for the Acquisition of Networking Hardware and Software
EXTRANEOUS TERMS. Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the bid non-responsive and may result in rejection. Only those extraneous terms which meet all the following requirements will be considered as having been submitted as part of the Bid:
a. Each proposed extraneous term (addition, counter- counter-offer, deviation, or modification) must be specifically enumerated in a writing which is not part of a pre- pre-printed form; and
b. The writing must identify the particular specification requirement (if any) which Bidder rejects or proposes to modify by inclusion of the extraneous term; and
c. The Bidder shall enumerate the proposed addition, counter offer, modification or deviation from the Bid Document, and the reasons therefore. Extraneous term(s) submitted on standard, pre- pre-printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents), whether or not deemed “material”, which are attached or referenced with submissions and which do not meet the above requirements will not be considered part of the bid or resulting Contract, but rather will be deemed to have been included for informational or promotional purposes only. Acceptance and/or processing of the Bid shall not constitute such written acceptance of Extraneous Term(s) or a waiver of the State's rights set forth above.
Appears in 1 contract
Samples: Centralized Contract for the Acquisition of Assistive Technology for Persons With Disabilities
EXTRANEOUS TERMS. Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the bid non-responsive and may result in rejection. Only those extraneous terms which that meet all the following requirements will be considered as having been submitted as part of the Bid:
a. Each proposed extraneous term (addition, counter- counter-offer, deviation, or modification) must be specifically enumerated in a writing which is not part of a pre- pre-printed form; and
b. The writing must identify the particular specification requirement (if any) which Bidder rejects or proposes to modify by inclusion of the extraneous term; and
c. The Bidder shall enumerate the proposed addition, counter offer, modification or deviation from the Bid Document, and the reasons therefore. Extraneous term(s) submitted on standard, pre- pre-printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents), whether or not deemed “material”, which are attached or referenced with submissions and which do not meet the above requirements will not be considered part of the bid or resulting Contract, but rather will be deemed to have been included for informational or promotional purposes only. Acceptance and/or processing of the Bid shall not constitute such written acceptance of Extraneous Term(s) or a waiver of the State's rights set forth above.
Appears in 1 contract
Samples: Contract for E Learning/Distance Learning Training Services