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36)
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TIE-BREAKING
In the event of a tie, NTS shall award to the firm: |) with the largest labor surplus in its metropolitan
area; 2) the highest DBE participant; or 3) a business registered as a small business with the Small
Business Administration.
In the event of a tie and after the aforementioned, the Bidder that submitted their bid first shall be
awarded the contract.
RIGHT TO PERFORM PRE-AWARD SURVEY
NTS retains the right to review the apparent low Bidder’s production schedule and past delivery
performance to determine responsibility.
RIGHT TO VERIFY PROPOSAL - SINGLE BID
NTS shall verify proposals in the event of a single bid response, which shall automatically convert
this solicitation to a negotiated purchase, which shall require the Bidder to negotiate a fair and
equitable price. NTS retains the right to request certifiabie/cost analysis data, which the Bidder
must provide.
RIGHT TO AUDIT
NTS retains the right to audit the Bidder's proposal to determine that prices proposed are fair and
equitable.
RIGHT TO ADJUST COST
If NTS determines during the life of the contract that data submitted by the Bidder is not current,
incomplete, or is inaccurate, NTS and Bidder shall negotiate a mutually agreeable adjustment in cost.
CONTRACT CHANGE ORDERS
Written Change Orders: Oral change orders are not permitted. No change in this contract shall be
made unless prior written approval has been given. The Bidder shall be liable for all costs resulting
from, and/or for satisfactorily correcting, any specification change not properly approved by written
notice.
Change Order Procedure: Within thirty (30) calendar days after receipt of a written change order
request, the Bidder shall submit a detailed price and schedule proposal for the work to be performed.
The proposal shall be accepted or modified by negotiations between the Bidder and the NTS. At that
time both parties shall execute a detailed agreement in writing.
PROTESTS
It is the policy of NTS to prepare specifications for invitation to bid or for requests for proposals that
are not discriminatory in nature. All solicitations are to be open and free to all competing vendors
whereby all have a reasonable chance to be successful and be awarded a contract.
If a Bidder that has submitted a proposal feels that a particular solicitation is unfair, the following
procedure must be followed to register a proper protest and said procedure shall be part of all
solicitations:
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