Request for Proposal RFP # SUBJECT: Ergotron LX
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1 Request for Proposal RFP # SUBJECT: Ergotron LX DATE OF ISSUE: July 3, 2013 TO RESPOND BY: RESPOND TO: July 19, 1500 Hours (3:00 PM Pacific Time) Leslie Burke, Purchasing Agent Purchasing Department University of Northern British Columbia 3333 University Way Prince George, BC V2N 4Z9 SIGNATURE AT ISSUE: PLEASE NOTE: WHEN COURIERING YOUR SUBMISSION, ENSURE THAT YOU HAVE ALLOWED YOURSELF ENOUGH TIME. OVERNIGHT OR NEXT DAY OFTEN MEANS TO VANCOUVER. PLAN FOR AN ADDITIONAL DAY TO PRINCE GEORGE. PLEASE READ AND FAMILIARIZE YOURSELF WITH THE ENTIRE TENDER DOCUMENT. PLEASE ENSURE YOU DO SO BEFORE CONTACTING THE UNIVERSITY.
2 RECEIPT CONFIRMATION FORM REQUEST FOR PROPOSAL RFP# Please complete this form and mail or fax IMMEDIATELY to: Purchasing Department University of Northern British Columbia 3333 University Way Prince George, BC V2N 4Z9 Attn: Leslie Burke, Purchasing Agent Fax Number: Failure to return this form may result in no further communication regarding this Request for Proposal. COMPANY NAME: ADDRESS: CITY: PROV: POSTAL CODE: CONTACT PERSON: CONTACT TELEPHONE: CONTACT CONTACT FAX: I have received a copy of the above noted Request for Proposal. Yes, I will be responding to this Request. No, I will not be responding.
3 RECEIPT CONFIRMATION FORM TABLE OF CONTENTS RFP PAGE 1.0 INFORMATION AND INSTRUCTIONS PURPOSE DEFINITIONS ISSUING OFFICE KEY DATES CLOSING DATE AND TIME PROPOSAL SUBMISSION PROPOSAL COSTS IRREVOCABLE OFFER INQUIRIES AND CHANGES SELECTION PROCESS BASIS OF SELECTION RIGHT TO REJECT CONTRACTUAL OBLIGATION CONTRACT PROVISIONS BY REFERENCE CONFIDENTIALITY REFERENCES GUIDELINES TO SUBMISSION OF PROPOSAL DELIVERY MANDATORY CONTRACTUAL PROVISIONS THE UNIVERSITY S AUTHORIZED REPRESENTATIVES AMENDMENTS GOVERNING LAW APPLICABLE REGULATIONS ASSIGNMENT PREFERRED CONTRACTUAL PROVISIONS COMMITMENTS PRICE PROTECTION RISK OF LOSS OR DAMAGE (PURCHASED EQUIPMENT) AND TITLE TERMINATION AND CANCELLATION 13 ATTACHMENT A SPECIFICATIONS 16 SCHEDULE I a&b: ITEMIZED PRICE LIST & PROPONENT S CHECKLIST 17 SCHEDULE II a&b: PROPOSAL SIGNATURE & RESPONSE FORM 19 3
4 UNIVERSITY OF NORTHERN BRITISH COLUMBIA REQUEST FOR PROPOSAL RFP INFORMATION AND INSTRUCTIONS 1.1 PURPOSE The University of Northern British Columbia, hereinafter referred to as the University requests pricing for the supply and delivery of Ergotron LX Desk Mount and Wall Mount Arms as listed herein. Through this Request for Proposal, the University seeks to: determine final pricing specify the terms and conditions that would govern any resulting contract; and select the successful Vendor. This Request for Proposal states the instructions for submitting proposals, and the procedure and criteria by which the Vendor will be selected. 1.2 DEFINITIONS Hereinafter, each company receiving this Request for Proposal is referred to as a Proponent. A Proponent s proposal in response to the Request for Proposal is referred to as a Proposal. The successful Proposal and the company whose Proposal is awarded is referred to as the Vendor. 1.3 ISSUING OFFICE University of Northern British Columbia Purchasing Department 3333 University Way Prince George, BC V2N 4Z9 Attention: Leslie Burke, Purchasing Agent Fax:
5 1.4 KEY DATES Listed below are the important events and the target dates and times by which the events are expected to be completed: A. Issue of Request for Proposal July 3, 2013 B. Return Receipt Confirmation Form IMMEDIATELY C. Respondent s Inquiries Up to the end of July 11, 2013 D. University s Responses Up to the end of July 16, 2013 E. Due Date for Submission of Proposals July 19, CLOSING DATE AND TIME Proposals, signed by the Vendor s authorized representative, must be received by the Issuing Office, not later than 3:00 PM (1500 Hours) Pacific Time, July 19, The University will not accept submissions of any Proposals after the closing date and time. Any submissions received after the closing date and time shall be considered disqualified. Under no circumstances, regardless of weather conditions, transportation delays, or any other situation, will late submissions be accepted. 1.6 PROPOSAL SUBMISSION One copy of the Contractor s proposal, must be submitted to the Issuing Office on or before the closing date. The Proposal number and description are to be clearly marked on the outside of the envelope. a) The signature page, schedule II must be signed. b) Regardless of method of submitting proposal, whether it be in print form and in an envelope or faxed, all information must be received prior to the closing date and time. In the essence of SUSTAINABILITY, the following practices are suggested regarding your submission. a) there is no need to include the front end of this document. The University has the original. b) to minimize the amount of paper used, do not submit anything that is not required or does not add value to your submission, where possible, duplex the pages. c) as an alternative, the Proposal may be submitted in MS Word, MS Excel, and/or Adobe format on a cd, flash drive, or electronically to leslie.burke@unbc.ca. The signature page, schedule II must be signed. d) Regardless of method of submitting proposal, whether it be in print form and in an envelope, on a cd, on a flash drive, or ed. All information must be received prior to the closing date and time. 5
6 Faxed proposal replies WILL be accepted. Faxed proposals are to be sent to For any and all Proposals, regardless of the method of submission, the University accepts no responsibility for non-receipt and delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Vendors may not make modifications to their Proposals after the closing date and time except as may be allowed by the University pursuant to Section Amendments to a Request for Proposal by facsimile will be accepted provided that the amendment amount is shown and not the total offer. Amendments must be received in writing prior to the Closing Time to be considered as part of the Respondent's proposal. The University accepts no responsibility for non-receipt and delays in receipt caused by facsimile transmission and reception problems, equipment failure, or any other similar cause. Modifications or amendments received after the Closing Time will not be considered and will not form any part of the Proposal submitted. SECTIONS 1.0, 2.0, 3.0, 4.0 and 5.0, SCHEDULES I(a), I(b), II(a), and II(b), addenda, specifications, terms and conditions, and any attachments hereto shall become part of any contract entered into between the successful supplier and the University of Northern British Columbia. Proposals which contain qualifying conditions may be disqualified or rejected. Proposals will be opened immediately after the Closing Time at the office of the Purchasing Division, University of Northern British Columbia, Room 1085, 3333 University Way, Prince George, BC V2N 4Z9. Proponents are invited to attend the Proposal Opening. Only the names of the Proponents and the total Proposal price (before taxes) will be disclosed by the University of Northern British Columbia and only at this time and only to the Proponents in attendance. The University may reproduce any of the Proponent s Proposal and supporting documents for internal use or for any other purpose required by law. The University will not be obligated in any way by the Proponent s Proposal. The University will not return any of the Proponent s Proposal and supporting documents to the Proponent. 6
7 1.7 PROPOSAL COSTS The Proponent has the sole responsibility for any costs associated with preparing and submitting its Proposal in response to the Request for Proposal. In no event will the University be responsible for the costs of preparation or submission of any Proposal. 1.8 IRREVOCABLE OFFER Proposals submitted to the University shall constitute a valid and irrevocable offer which is open for acceptance by the University from and after submission until the expiration of the 60 th day following the Closing Date specified in Section 1.5. The University reserves the right to accept the Proposal which it deems most advantageous, and the right to reject any or all Proposals. If a written purchase cannot be negotiated within fifteen days of notification of the successful Proponent, the University may, at its sole discretion at any time thereafter, terminate negotiations with that Proponent and either negotiate a purchase with the next qualified Proponent or choose to terminate the Request for Proposals process and not enter into an agreement with any of the Proponents. The University will not be liable under any contract in connection with this Request for Proposal, or the submission of Proposal, unless and until the University has accepted one or more Proposals. 1.9 INQUIRIES AND CHANGES Any inquiries regarding the selection process and the terms of the Request for Proposal MUST be faxed or ed before the end of July 11, 2013 to: Leslie Burke, Purchasing Agent Fax: (250) or subject: RFP leslie.burke@unbc.ca Questions received on time via fax and the answers from the University of Northern British Columbia will be issued in written form and issued as an addendum. Any Addenda shall be considered as part of the Proposal Documents. All Addendums will be posted on the UNBC Purchasing website listed as Active Tenders & RFP s. In the event the University s server is not available, or for any other situation the University deems reasonable, then the addendums will be faxed to all parties registered as having returned the Receipt Confirmation form and/or submitted an inquiry on time. 7
8 Any Proponent who does not submit the RECEIPT CONFIRMATION will not necessarily be sent any amendments or addenda. It is the responsibility of each Proponent to inquire about and clarify any requirements of this Request for Proposal which are not understood. The University of Northern British Columbia shall not be responsible for, and the Proponent shall not rely upon, any instructions or information given to any Proponent other than in writing in accordance with the requirements of the Request for Proposal. The RFP is not to be discussed directly or indirectly with any other University of Northern British Columbia employee, contractor, or representative except at the direction of the Purchasing Agent. Proponents must not attempt to communicate directly or indirectly with members of the public or the media, about the project described in this Request for Proposals or otherwise in respect of the Request for Proposals, other than as expressly directed or permitted by the University. Failure to do so could result in the rejection of your bid. Proponents must obtain their own information on all matters and things that may in any way influence them in making their Proposal and fixing prices. Proponents must satisfy themselves in all respects as to the risks and obligations to be undertaken by them. If a Proponent discovers any inconsistency, discrepancy, ambiguity, errors, or omissions in this Request for Proposal, it must notify the University immediately in writing. The University may, at any time, make and stipulate changes to this Request for Proposal. The University may provide additional information, clarification or modification by written addenda. All addenda shall be incorporated into and become part of the Request for Proposal. The University shall not be bound by oral or other informal explanations or clarifications not contained in written addenda SELECTION PROCESS Because the University bases any decision to award a purchase order on the Proposals submitted, Proponents should include all requirements, terms or conditions they may have in their proposal, and should not assume that any opportunity will exist to add such matters after the Proposal is submitted. 8
9 If the University determines, in its sole discretion, that one or more Proponents is clearly more highly qualified than the others under consideration, it may decide to award a purchase order directly to that Proponent. The University reserves the right, at its sole discretion, to negotiate, clarify, and/or ask additional information with any Proponent as it sees fit, or with another Proponent or Proponents concurrently. In no event will the University be required to offer any modified terms to any other Proponent. The University shall incur no liability to any other Proponent as a result of such negotiations or modifications. At the conclusion of the Request for Proposals process, all Proponents will be notified BASIS OF SELECTION The University will not necessarily accept the lowest price or any Proposal. Any implication that the lowest or any Proposal will be accepted is hereby expressly negated. The University will not be limited as to its criteria for evaluation of Proposals. The University may take into account whatever criteria and considerations it wishes to. These may include: The Proponent s capability to provide a high quality product as described in Attachment A and the information contained in the documentation supplied by the Proponent in response to this Request for Proposal Any features or advantages which are unique to the Proponent s Proposal which the University has not listed in Attachment A The contractual terms proposed by the Proponent, which would govern any contractual relationship with the University The Proponent s price RIGHT TO REJECT UNBC reserves the right to reject any or all Proposal and to accept any bid it considers advantageous. The lowest or any Proposal may not necessarily be accepted if UNBC determines, at its sole discretion and after appropriate investigation and evaluation: The RFP must be cancelled due to financing problems or changing economic circumstances
10 Information becomes available after the Proposal closing which significantly changes the scope or extent of the project The proposals, or any of the proposals, exceed the projected spending approval CONTRACTUAL OBLIGATION Mandatory Contractual Provisions (Mandatory Provisions) and Preferred Contractual Provisions (Preferred Provisions) that will govern any subsequent contract issue are outlined in this Request for Proposal. The Proponent s Proposal is automatically deemed to include the Proponent s agreement to the Mandatory Provisions and the Preferred Provisions unless the Proponent expressly and specifically provides otherwise in its Proposal. Mandatory Provisions are listed in Section 4.0. The Proponent may not modify any Mandatory Provisions in its Proposal. If the Proponent has any Mandatory Provision or wished to incorporate or use any Proponent standard terms and conditions, the Proponent shall append such materials to its Proposal and indicate thereon such Mandatory Provisions. The Proponent s Mandatory Provisions will also be considered as part of the selection process. Preferred Provisions are listed in Section 5.0. Such provisions are desirable to the University but are open to negotiation between the University and the Proponent. The Proponent may reject or make changes to preferred provisions by explicitly stating so in its Proposal CONTRACT PROVISIONS BY REFERENCE The University s acceptance of the Proponent s Proposal by issuance of a Purchase Order shall create a contract between the University and such Proponent containing all specifications, terms and conditions in the Proposal except as amended in the Purchase Order. Any exceptions taken by the Proponent which are not included in the Purchase order will not form part of the contract. In the event of a conflict between the terms and conditions of the Request for Proposal and information submitted by a Proponent, the terms and conditions of this Request for Proposal and the Purchase Order will govern. 10
11 1.15 CONFIDENTIALITY The Proponent acknowledges that the University is a public body subject to the Freedom of Information and Protection of Privacy Act (the Act). The Proponent shall review the Act and determine the categories of records which are exempted from disclosure under the Act. The Proponent shall clearly mark Confidential all information regarding the items and conditions, financial and/or technical aspects of the Proponent s Proposal, which in the Proponent s opinion are of a proprietary or confidential nature at the relevant item or page. If the University receives a request for information under the Act which includes information provided by the Proponent, the University will give the Proponent notice of such request and the Proponent will respond to such notice within 20 days or less. If the Proponent does not respond to the notice from the University, the University will proceed to process the request for information. The University shall use all reasonable efforts to hold all information marked Confidential by the Proponent in strict confidence but shall not be liable for any inadvertent disclosure. If the University s response to a request under the Act is appealed to the Office of the Information and Privacy Commissioner, the Proponent shall have the burden of proof per section 57 (3) of the Act. The Proponent shall be responsible for all costs related to its confidentiality requirements. If the University declares and marks certain information about the University to be received by the Proponent as Confidential, the Proponent must not disclose such Confidential information to any third parties unless authorized to do so in writing by the University. The Proponent and The University agree that the reciprocal obligations of confidentiality will survive the termination of any contract that might arise between the parties. 1,16 REFERENCES: Proponents may submit references with their Proposal. If not included with the Proposal, they may be requested to do so upon evaluation of the Proposal. A time limit to submit may be given for the requested references. Proponents may include in their Proposal a list of western Canadian customers who have purchased in the last five years the same product that is being proposed. 11
12 1.17 Demonstrations Demonstration, if and when requested, shall be made available free of charge unless otherwise agreed upon by the University of Northern British Columbia. Please contact the Purchasing Agent if you have any concerns. 2.0 GUIDELINES TO SUBMISSION OF PROPOSAL 12 In order to receive a uniform format of Proposal from all Proponents, the following guidelines for formatting the proposal have been outlined. 2.1 PROPOSED SERVICES The Proponent shall describe how the proposed product meets the specifications set forth in Attachment A and include complete detailed specifications on all components of the proposed service. Any specifications which cannot be met shall be identified in the Proposal. 2.2 WARRANTY, SERVICE AND SUPPORT The Proponent shall propose a warranty for the products it offers. 2.3 COSTS All prices must be quoted duty exempt and goods & services tax (G.S.T.) and sales tax (P.S.T.), or harmonized sales tax (H.S.T.) excluded. Taxes to be invoiced to the University are to be shown separately (see Schedule II). The University of Northern British Columbia purchase orders resulting from this proposal will note any applicable tax. The successful vendor will be required to itemize the appropriate taxes on all invoices submitted to the University of Northern British Columbia Prices must include all crating, packaging, cartage, loading and any other charges necessary to prepare goods for pick-up by carrier, for delivery to the University of Northern British Columbia's Main Receiving Dock, Prince George BC Payment is to be n/30 receipt of goods or invoice date, whichever is the later. The University reserves the right to withhold all or a portion of the payment should the order fail to meet the satisfaction of the University s Director of Facilities Management. Payment would be held until such time as the supplied or replacement product is operating to the standards set out in the manufacturer s documentation or until any missing items have been supplied.
13 3.0 DELIVERY University of Northern British Columbia will not be responsible for any costs incurred by the Proponent which may result from the preparation or submission of proposal documents pertaining to this proposal Any charges not specified in the above which will or may be billed to the University by the Proponent in performing the work proposed. In addition, the Proponent shall clearly indicate any known possibility for unanticipated charges to the University, other than the Proponent s charges specified in its Proposal, as well as make any suggestions for cost savings in any area. 3.1 All materials shipped to UNBC s Main Receiving Dock, Prince George BC shall be delivered F.O.B. Destination, freight prepaid and charged or freight prepaid. The Vendor shall be responsible for all aspects of delivery from manufacturer s point of origin to the University s site. 3.2 All shipments must be clearly marked with the University of Northern British Columbia's Purchase Order number on the invoice and packing slip. 3.3 All materials delivered shall be subject to our inspection and approval. Rejected materials will be returned freight collect to the Vendor. 3.4 Time is of the essence in any contract resulting from this proposal. The University of Northern British Columbia reserves the right to invoke all available remedies for non-performance. Periods of performance may be extended at the discretion of the University s Purchasing Agent. 4.0 MANDATORY CONTRACTUAL PROVISIONS The following terms and conditions are mandatory and shall be deemed to be incorporated THE UNIVERSITY S AUTHORIZED REPRESENTATIVES It is hereby declared and agreed by the Proponent that all Proposals submitted to the University by the Proponent have been prepared on the basis of its own knowledge of the nature of the work to be performed or of the goods to be supplied, the location, quality, and character of the equipment and facilities needed, as well as general and local conditions and all other such matters which can affect the Proponent s performance under any contract between the parties that might result from the Proponent s Proposal.
14 The Proponent further agrees that it does not rely upon any information given or statements made by representatives of the University with regard to the Proponent s Proposal or work to be performed. 4.2 AMENDMENTS No amendment resulting from this proposal process shall be effective unless it is reduced to writing and executed by the Purchasing Agent. 4.3 GOVERNING LAW Any contract resulting from this request for proposal shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, except the International Sale of Goods. 4.4 APPLICABLE REGULATIONS All equipment provided shall comply with all applicable provincial and federal regulations. 4.5 ASSIGNMENT Any agreement made as a result of this Request for Proposal may not be assigned or transferred by either party to such agreement without the prior written approval of the University. 5.0 PREFERRED CONTRACTUAL PROVISIONS The following terms and conditions are desirable. Proponents may propose alternate language, but are requested to limit their changes to those of a substantive nature. Except to the extent that changes are made in the Proponent s Proposal, these provisions shall be deemed to be incorporated in the Proponent s Proposal. 5.1 COMMITMENTS Any commitment made by a Proponent pursuant to its Proposal shall be binding upon the Proponent. For the purposes of its Proposal, a commitment by a Proponent includes prices and options committed to remain in force over specified periods of time. 5.2 PRICE PROTECTION The University will not pay any additional costs above those costs listed in a Proponent s Proposal. 14
15 5.3 RISK OF LOSS OR DAMAGE (PURCHASED EQUIPMENT) AND TITLE The University is not responsible for any risk of loss or damage to equipment and/or parts supplied pursuant to a Proponent s Proposal until clear and unrestricted title to such goods and/or parts is transferred to the University. Clear and unrestricted title for any item of goods and/or parts purchased pursuant to a Proponent s Proposal shall pass to the University when the delivery is completed on the University s Main Receiving Dock and the purchased goods and/or parts are not damaged to the satisfaction of the University s Director of Facilities Services. 5.4 TERMINATION AND CANCELLATION The University shall have the unilateral right to terminate any contract formed between the parties in the event that any one or more of the following events of default occur or continue during the term of the contract: (a) the Vendor shall fail to deliver the product required by the agreement or (b) the Vendor shall repeatedly fail to respond to requests for services within the time limits set forth in the agreement or (c) the Vendor shall breach any of the other terms set forth within the agreement. 15
16 ATTACHMENT A SPECIFICATIONS The University of Northern British Columbia is seeking to purchase two types of Arms to be delivered to facilitate an anticipated installation by August 22, Unit Description Ergotron LX Desk Mount LCD Arm (short pole) Ergotron LX Wall Mount Keyboard Arm General Notes: Supply pricing, delivery and warranty information for all items quoted 16
17 SCHEDULE I(A) PROPONENT S CHECKLIST REQUEST FOR PROPOSAL RFP# Proponent s Checklist - please ensure the Proposal is submitted on time and includes the following: 1) Attachment A Specifications 2) Schedule I(B) Itemized Price List 3) Schedule II(A) & Schedule II(B) Signature Page Failure to sign your proposal will result in disqualification. 17
18 SCHEDULE I(B) ITEMIZED PRICE LIST The University of Northern British Columbia reserves the right to increase or delete any item or number of items shown hereunder. The unit prices remain firm should quantities be adjusted. Please do not submit hand written responses. The prices below should be for the product cost only. Any other charges for packaging, shipping, handling, etc., should be filled out on the page as indicated. I/We herby list below an itemized unit breakdown of prices as follows: NOTE 1: Please fill out the unit pricing and extended amounts as indicated below. Pricing below must be submitted in Canadian Funds. NOTE 2: Any costs that are to be charged to the University must be indicated below. The University will NOT pay for any amounts invoiced that have not been included in Schedule I(B) NOTE 3: For alternative Proposal, please photocopy the blank forms (see Schedule I), complete, label as alternative and submit. NOTE 4: Goods listed to be as described and specified in Attachment A. ITEM QUANTITY DESCRIPTION UNIT EXTENDED PRICE PRICE 1, 16 Ergotron LX Desk Mount LCD Arm $ $ Manufacturers Model Number: Proponents Part Number: Ergotron LX Wall Mount Keyboard Arm $ $ Manufacturers Model Number: Proponents Part Number: Other costs (if any): Shipping Total $ $ Please provide delivery time for proposed goods to UNBC from point when the purchase order is issued. days. Please provide warranty information for proposed goods. 18
19 SCHEDULE II(A) PROPOSAL SIGNATURE REQUEST FOR PROPOSAL RFP# The undersigned agrees not to withdraw or modify this Proposal for a period of sixty (60) days from submission deadline. NAME OF FIRM: AUTHORIZING SIGNATURE: Official Capacity: Address: City: Print Name Province or State: Postal or Zip Code: Date: Telephone: Fax: Duly authorized officers of the Proponent shall properly execute the Proposal as follows: If the Proponent is a corporation, the proposal shall be signed in the name and under the seal of the corporation by a duly authorized officer of the corporation, with the designation of hislher official capacity, and attested properly. The proposal shall show the place in which the corporation is chartered. If the Proponent is an individual, he or she shall sign the proposal in person or by representative and be witnessed, stating the name or style, if any, under which he or she is doing business. If the signing is by representative, his or her power of attorney or other authorization shall be stated, and a certified copy thereof shall be attached to the Proposal. If the Proponent is a joint venture or partnership, the proposal shall be signed by each of the persons or firms, which is a party to the joint venture agreement. A certified copy of the joint venture agreement shall be attached to the Proposal. A joint venture will not be accepted unless the joint venture agreement or some other signed and legally binding instrument is certified and attached to the proposal, containing provisions for one of the parties to the joint venture to be in full direction of the project and to exercise this direction through a single individual, to be appointed Manager of Operations with the consent of all parties to the joint venture agreement. 19
20 SCHEDULE II (B) PROPOSAL RESPONSE FORM REQUEST FOR PROPOSAL RFP This proposal response form must be completed by each Proponent and forwarded to The University of Northern British Columbia. All requirements outlined in the Request for Proposal with their submission and any other documentation requested by UNBC, and any important information developed by the Contractor as part of its presentation, must accompany this form. PROPOSAL We,, having examined the Request for Proposal and all other information and documents included in the Request for Proposal, do hereby offer and agree to supply as described. 1. Receipt of the following addenda is acknowledged: Addendum No. Date: Addendum No. Date: Addendum No. Date: 2. The University reserves the right to waive irregularities and informalities, to reject proposals from Contractors found not to be responsive according to the terms of the invitation, and the right to reject all proposals. 20
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