SUBMIT BID TO:
UNIVERSITY OF FLORIDA
971 ELMORE DRIVE
ELMORE HALL, Room 102
PO Box 115250
GAINESVILLE, FL 32611-5250
Phone: (352) 392-1331 - FAX: (352) 392-8837
Web Address: www.purchasing.ufl.edu
INVITATION TO BID
Page 1 of 11 Pages
with 2 Attachments
UNIVERSITY MAILING DATE:
January 30, 2018
BID WILL BE OPENED ON Friday, February 13, 2018, at 3:00 P.M., UF
Purchasing Services, Elmore Hall, Conference Room 101, 971 Elmore Drive,
Gainesville, FL 32611, and may not be withdrawn within 45 days after such date
and time and may not be withdrawn within 45 days after such date and time.
Questions are due by February 6, 2018 before the close of business.
Genomic Materials, Sequencing, and Related Services
VENDOR MAILING ADDRESS
REASON FOR NOT SUBMITTING BID
CITY - STATE - ZIP CODE
AREA CODE TELEPHONE NO.
POSTING OF BID TABULATIONS
Bid tabulations with intended award(s) will be posted electronically for
review by interested parties at www.purchasing.ufl.edu and will remain
posted for a period of 72 hours excluding Saturdays, Sundays, or state
holidays. Failure to file a protest in accordance with Board of Governors
(BOG) Regulation 18.002 or failure to post the bond or other security as
required in the BOG regulations 18.002 and 18.003(3), shall constitute a
waiver of protest proceedings.
I certify that this bid is made without prior understanding, agreement, or
connection with any corporation, firm or person submitting a bid for the same
materials, supplies, or equipment and is in all respects fair and without collusion or
fraud. I agree to abide by all conditions of this bid and certify that I am authorized
to sign this bid for the vendor and that the vendor is in compliance with all the
requirements of the Invitation to Bid, including but not limited to, certification
requirements. In submitting a bid on behalf of the Board of Trustees, hereinafter
known as the University, the vendor offers and agrees that if the bid is accepted
the vendor will convey, sell, assign, or transfer to the University all rights, title and
interest in and to all causes of action it may now or hereafter acquire under the
Anti-trust laws of the United States and the University for price fixing relating to
the particular commodities or services purchased or acquired by the University. At
the University’s discretion, such assignment shall be made and become effective
at the time the purchasing agency tenders final payment to the vendor.
AUTHORIZED SIGNATURE (MANUAL)
NAME AND TITLE (TYPED)
SEALED BIDS: All bid sheets and this form must be executed and submitted in a
payment discounts will not be considered in the bid award. However, every effort will
sealed envelope. (DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE.) The
be made to take the discount within the time offered.
face of the envelope shall contain, in addition to the above address, the date, and time
(c) MISTAKES: Vendors are expected to examine the specifications, delivery
of the bid opening and the bid number. Bids not submitted on the attached bid form
schedule, bid prices, extensions, and all instructions pertaining to supplies and
shall be rejected. All bids are subject to the conditions specified herein. Those which
services. Failure to do so will be at vendor's risk. In case of a mistake in extensions the
do not comply with these conditions are subject to rejection.
unit price will govern.
(d) INVOICING AND PAYMENT: Payment will be made by the University of Florida
1. EXECUTION OF BID: Bid must contain an original manual signature of
after the items awarded to a vendor have been received, inspected, and found to
authorized representative in the space provided above. Bid must be typed or printed in
comply with award specifications, free of damage or defect and properly invoiced. All
ink. Use of erasable ink is not permitted. All corrections to prices made by vendor must
invoices shall bear the purchase order number. Payment for partial shipments shall not
be made unless specified. An original invoice shall be submitted. Failure to follow
these instructions may result in delay in processing invoices for payment. Payment
2. NO BID: If not submitting a bid, respond by returning only this vendor
shall be made in accordance with Section 215.422 (1) (2) F.S. VENDOR
acknowledgment form, marking it "NO BID", and explain the reason in the space
OMBUDSMAN: The University’s vendor ombudsman, whose duties include acting as
provided above. Failure to respond to a procurement solicitation without giving
an advocate for vendors may be experiencing problems in obtaining payment from the
justifiable reason for such failure, nonconformance to contract conditions, or other
University, may be contacted at 352-392-1241.
pertinent factors deemed reasonable and valid shall be cause for removal of the
(e) ANNUAL APPROPRIATIONS: The University’s performance and obligation to
supplier’s name from the bid mailing list. NOTE: To qualify as a respondent, vendor
pay under any contract awarded is contingent upon an annual appropriation by the
must submit a "NO BID", and it must be received no later than the stated bid opening
date and hour.
(f) CONDITION AND PACKAGING: It is understood and agreed that any item
offered or shipped as a result of this bid shall be a new, current standard production
3. BID OPENING: Shall be public, on the date, location and the time specified on
model available at the time of this bid. All containers shall be suitable for storage or
the bid form. It is the vendor's responsibility to assure that the bid is delivered at the
shipment, and all prices shall include standard commercial packaging.
proper time and place of the bid opening. Bids which for any reason are not so
(g) SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured
delivered will not be considered. A bid may not be altered after opening of the bids.
items and fabricated assemblies shall comply with applicable requirements of
NOTE: Bid tabulations will be posted electronically at www.purchasing.ufl.edu. Bid
Occupational Safety and Health Act and any standards hereunder.
tabulations will not be provided by telephone.
5. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of
4. PRICES, TERMS AND PAYMENT: Firm prices shall be bid and will include all
Chapter 112, F.S. All vendors must disclose with their bid the name of any officer,
packing, handling, shipping charges, and delivery to the destination shown herein.
director, or agent who is also an employee of the University of Florida. Further, all
(a) TAXES: The University does not pay Federal Excise and Sales taxes on direct
vendors must disclose the name of any University employee who owns, directly or
purchases of tangible personal property or services. The Florida Tax Exempt Number
indirectly, an interest of five percent (5%) or more in the vendor's firm or any of its
is 11-06-024056-57C. This exemption does not apply to purchases of tangible personal
property or services made by vendors who use the tangible personal property or
services in the performance of contracts for the improvement of University-owned real
6. AWARDS: As the best interest of the University may require, the right is reserved
property as defined in Chapter 192, F.S.
to make award(s) by individual item, group of items, all or none or a combination
(b) DISCOUNTS: Vendors are encouraged to reflect trade discounts in the unit
thereof; to reject any and all bids or waive any minor irregularity or technicality in bids
prices quoted; however, vendors may offer a discount for prompt payment. Prompt
received. When it is determined there is no competition to the lowest responsible
vendor, evaluation of other bids are not required. Vendors are cautioned to make no
assumptions unless their bid has been evaluated as being responsive.
7. INTERPRETATIONS/DISPUTES: Any questions concerning conditions or
specifications shall be directed in writing to the Purchasing Department. Inquiries must
reference the date of bid opening and bid number. No interpretations shall be
considered binding unless provided in writing by the University in response to requests
in full compliance with this provision.
8 NOTICE OF BID PROTEST BONDING REQUIREMENT; Any person or entity who
files an action protesting a decision or an intended decision pertaining to a competitive
solicitation shall at the time of filing the formal protest, post with the University a bond
payable to the University in an amount equal to: 10% of the estimated value of the
protestor’s bid or proposal; 10% of the estimated expenditure during the contract term;
$10,000.00; or whichever is less. The bond shall be conditioned upon the payment of
all costs which may be adjudged against the person or entity filing the protest action. In
lieu of a bond, the University may accept a cashier’s check, bank official check or
money order in the amount of the bond. FAILURE OF THE PROTESTING PERSON
OR ENTITY TO FILE THE REQUIRED BOND, CASHIER’S CHECK, BANK OFFICIAL
CHECK OR MONEY ORDER AT THE TIME OF THE FILING THE FORMAL
PROTEST SHALL RESULT IN DENIAL OF THE PROTEST.
9. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions
may be imposed which would necessitate alteration of the material, quality,
workmanship or performance of the items offered in this bid prior to their delivery, it
shall be the responsibility of the successful vendor to notify the purchaser at once,
indicating in writing the specific regulation which requires an alteration. The University
reserves the right to accept any such alteration, including any price adjustments
occasioned thereby, or to cancel the contract at no expense to the University.
10. LEGAL REQUIREMENTS: Applicable provision of all Federal, State, county and
local laws, and of all ordinances, rules and regulations shall govern development,
submittal and evaluation of all bids received in response hereto and shall govern any
and all claims and disputes which may arise between person(s) submitting a bid
response hereto and the University, by and through its officers, employees and
authorized representatives, or any other person, natural or otherwise: and lack of
knowledge by any vendor shall not constitute a cognizable defense against the legal
11. LOBBYING: Vendor is prohibited from using funds provided under any contract
or purchase order for the purpose of lobbying the Legislature or any official, officer,
commission, board, authority, council, committee, or department of the executive
branch or the judicial branch of state government.
12. ADVERTISING: In submitting a bid, the vendor agrees not to use the results
therefrom as a part of any commercial advertising. Vendor may not use the names,
logos, or trademarks of the University, its employees, or affiliates without the prior
written consent of the University.
13. ASSIGNMENT: Any contract or purchase order issued pursuant to this Invitation
to Bid and the monies which may become due hereunder are not assignable except
with the prior written approval of the purchaser.
14. LIABILITY: The vendor agrees to indemnify and save the University of Florida,
the State of Florida and the Florida Board of Governors, their officers, agents, and
employees harmless from any and all judgments, orders, awards, costs and expenses,
including attorney's fees, and also all claims on account of damages to property,
including loss of use thereof, or bodily injury (including death) which may be hereafter
sustained by the vendor, its employees, its subcontractors, or the University of Florida,
the State of Florida and the Florida Board of Governors, their officers, agents, or
employees, or third persons, arising out of or in connection with any contract awarded
and which are the result of the vendor's breach of contract or of the negligent acts of
the vendor, its officers, agents, and employees. This clause does not apply to contracts
between government agencies.
15. FACILITIES: The University reserves the right to inspect the vendor's facilities at
any time with prior notice.
16. ADDITIONAL QUANTITIES: For a period not exceeding ninety (90) days from
the date of acceptance of any offer by the University of Florida, the right is reserved to
acquire additional quantities up to but not exceeding those shown on bid or the bid
level at the prices bid in this invitation. If additional quantities are not acceptable, the
bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY".
17. SERVICE AND WARRANTY: Unless otherwise specified, the vendor shall
define any warranty service and replacements that will be provided during and
subsequent to this contract. Vendors must explain on an attached sheet to what extent
warranty and service facilities are provided.
18. SAMPLES: Samples of items, when called for, must be furnished free of
expense, on or before bid opening time and date, and if not destroyed, may upon
request, be returned at the vendor's expense. Each individual sample must be labeled
with vendor's name, manufacturer's brand name and number, bid number and item
reference. Request for return of samples shall be accompanied by instructions which
include shipping authorization and name of carrier and must be received with the bid. If
instructions are not received within this time, the commodities shall be disposed of by
19. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at
destination unless otherwise provided. Title and risk of loss or damage of all items
shall be the responsibility of the contract supplier until accepted by the University,
unless loss or damage results from negligence by the University. The contract supplier
shall be responsible for filing, processing and collecting all damage claims. However,
to assist him in the expeditious handling of damage claims, the University will:
(a) Record any evidence of visible damage on all copies of the delivering carrier's Bill
(b) Report damage (Visible or Concealed) to the carrier and contract supplier
confirming such reports in writing within 15 days of delivery, requesting that the
carrier inspect the damaged merchandise.
(c) Retain the item and its shipping container, including inner packing material until
inspection is performed by the carrier, and disposition given by the contract
(d) Provide the contract supplier with a copy of the carrier’s Bill of Lading and
damage inspection report.
20. PATENTS, COPYRIGHTS, TRADEMARKS, ROYALTIES and other Intellectual
Property: The vendor, without exception, shall indemnify and save harmless the
University and its employees from liability of any nature or kind, including cost and
expenses for or on account of any copyrighted, patented, or unpatented invention,
process, or article manufactured or used in the performance of the contract, including
its use by the University of Florida. If the vendor uses any design, device, or materials
covered by letters, patent or copyright, it is mutually agreed and understood without
exception that the bid prices shall include all royalties or costs arising from the use of
such design, device, or materials in any way involved in the work.
21. CONFLICT BETWEEN DOCUMENTS: If any terms and conditions contained
within the documents that are a part of this ITB or resulting contract are in conflict with
any other terms and conditions contained therein, then the various documents
comprising this ITB or resulting contract, as applicable, shall govern in the following
order of precedence: change order, purchase order, addenda, special conditions,
general conditions, specifications, departmental description of work, and bid.
22. MANUFACTURERS' NAMES AND APPROVED EQUIVALENTS: Any
manufacturer's names, trade names, brand names, information and/or catalog
numbers listed in a specification are for information and not intended to limit
competition. If bids are based on equivalent products, indicate on the bid form the
manufacturer's name and number. Vendor shall submit with the bid, cuts, sketches,
and descriptive literature, and/or complete specifications. Reference to literature
submitted with a previous bid will not satisfy this provision. The vendor shall also
explain in detail the reasons why the proposed equivalent will meet the specifications
and not be considered an exception thereto. The University of Florida reserves the
right to determine acceptance of item(s) as an approved equivalent. Bids which do not
comply with these requirements are subject to rejection. Bids lacking any written
indication of intent to quote an alternate brand will be received and considered in
complete compliance with the specifications as listed on the bid form.
23. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested
and/or inspected for compliance with specifications by any appropriate testing facilities.
Should the items fail, the University may require the vendor to reimburse the University
for costs incurred by the University in connection with the examination or testing. The
data derived from any tests for compliance with specifications are public records and
open to examination thereto in accordance with Chapter 119, F.S. Items delivered not
conforming to specifications may be rejected and returned at vendor's expense. These
items and items not delivered as per delivery data in bid and/or purchase order may
result in vendor being found in default in which event any and all reprocurement costs
may be charged against the defaulting vendor. Any violation of these conditions may
also result in the vendor's name being removed from the University of Florida's vendor
24. PUBLIC RECORDS: Any material submitted in response to this Invitation to Bid
will become a public document pursuant to Section 119.07 F.S. This includes material
which the responding vendor might consider to be confidential or a trade secret. Any
claim of confidentiality is waived upon submission, effective after opening pursuant to
Section 119.07 F.S.
25. DELIVERY: Unless actual date of delivery is specified (or if specified delivery
cannot be met), show number of days required to make delivery after receipt of
purchase order in space provided. Delivery time may become a basis for making an
award (see Special Conditions). Delivery shall be within the normal working hours of
the University of Florida, Monday through Friday, unless otherwise specified.
26. PUBLIC PRINTING - PREFERENCE GIVEN PRINTING WITHIN THE STATE:
The University of Florida shall give preference to vendors located within the state when
awarding contracts to have materials printed, whenever such printing can be done at
no greater expense than, and at a level of quality comparable to, that obtainable from a
vendor located outside of the state.
(a) CONTRACTS NOT TO BE SUBLET: In accordance with Class B Printing Laws
and Regulations "Printing shall be awarded only to printing firms. No contract shall be
awarded to any broker, agent, or independent contractor offering printing manufactured
by other firms or persons."
(b) DISQUALIFICATION OF VENDOR: Reasonable grounds for believing that a
vendor is involved in more than one bid for the same work will be cause for rejection of
all bids in which such vendors are believed to be involved. Any or all bids will be
rejected if there is reason to believe that collusion exists between vendors. Bids in
which the prices obviously are unbalanced will be subject to rejection.
(c) TRADE CUSTOMS: Current trade customs of the printing industry are
recognized unless accepted by Special Conditions or Specifications herein.
(d) COMMUNICATIONS: It is expected that all materials and proofs will be picked
up and delivered by the printer or his representative, unless otherwise specified. Upon
request, materials will be forwarded by registered mail.
(e) RETURN OF MATERIAL: All copy, photos, artwork, and other materials supplied
by the University of Florida must be handled carefully and returned in good condition
upon completion of the job. Such return is a condition of the contract and payment will
not be made until return is affected.
END OF SECTION
(1) INVITATION TO BID FORM: All bids should be submitted on the University of Florida Invitation to Bid/Bidders
Acknowledgment form with one (1) complete, printed original bid and (1) complete bid in electronic form
(USB or CD), in a sealed envelope, with the following information on the outside of the envelope: bid number, date
and time of bid opening, and Company name in order to be considered in the award.
ATTN: Arleen Nicius
Genomic Materials, Sequencing, and Related Services
February 13, 2018
From: Company Name
The University reserves the right to return any bids unopened not submitted as per instructions above.
(2) BID DELIVERY: If this bid will be mailed through the U.S. Postal Service as regular mail, address the bid to the PO
Box shown on the Invitation to Bid Acknowledgment Form.
University of Florida- Procurement Services
ATTN: Arleen Nicius
971 Elmore Drive, Elmore Hall RM102
Gainesville, Florida 32611
On or prior to February 13, 2018
The above address is a valid address for any courier service.
It is the vendor’s responsibility to assure that the proposal is delivered at the proper time and place of the
(3) QUALIFICATIONS OF BIDDERS: This bid will be awarded to responsible bidders qualified by experience to
provide the work specified. The bidder may be required to submit:
1. Experience record showing bidder’s training and experience.
(4) PERFORMANCE INVESTIGATIONS: As part of the proposal evaluation process, the University may make
inquiries and investigations, including verbal or written references from vendor’s customers, to determine the
ability of the vendor to offer service.
(5) USE OF TERMS: The terms “University of Florida” and “University” are used synonymously in this Invitation to Bid
unless otherwise indicated. The terms vendor, proposer and contractor are used synonymously in this ITB unless
(6) INQUIRIES: The University will not give verbal answers to inquiries regarding the specifications, or verbal
instructions prior to or after the award of the bid. A verbal statement regarding same by any person shall be non-
binding. The University is not liable for any increased costs resulting from the Bidder accepting verbal direction. All
changes, if necessary, shall be made by written addendum to the bid.
Any explanation desired by Vendors must be requested of the University of Procurement Services in writing, and if
an explanation is necessary, a reply shall be made in the form of an addendum, a copy of which will be posted on
the Procurement Website. Vendors obtaining bid documents from any other source must notify the University of
their Name, Address, Telephone, and Facsimile Numbers in order to receive any addenda. Direct all inquiries to
Arleen Nicius, Procurement Agent II, email@example.com Phone: 352-294-1158.
All addenda will be posted to our website only:
Vendors who want the addenda supplied to them in another form must notify the Procurement Agent
listed above of that request. Otherwise, it will be the vendor’s responsibility to check the website for any
additional information and addenda concerning this ITB.
(7) AS SPECIFIED: A purchase order will be issued to the successful bidder with the understanding that all items
delivered must meet the specifications herein. Items delivered as not specified will be returned to the vendor, at no
expense to the University, and vendor will be required to deliver items meeting specifications or be held in default.
(8) CANCELLATION: Orders or contracts resulting from the bid award will be subject to immediate cancellation if
either the product or the service does not comply with the bid specifications.
(9) AMERICANS WITH DISABILITY ACT: If special accommodations are needed in order to attend a proposal
opening, contact John Murrhee at firstname.lastname@example.org, three business days prior to proposal opening.
(10) VENDORS EXPENSE: All proposals submitted in response to the ITB must be submitted at the sole expense of
the Vendor, whether or not any agreement is signed as a result of this ITB. Proposers will pay all costs associated
with the preparation of proposals and necessary visits to campus and other required site visits.
(11) CONFIDENTIALITY: From the date of issuance of this ITB, until a proposal is made, the Vendor must not make
available or discuss his or her proposal, or any part thereof, with any employee or agent of the University, unless
permitted by the University Procurement Authority, in writing, for purposes of clarification only.
(12) CONTRACT RENEWAL: As mutually agreed upon, the successful bidder shall be awarded a contract for one (1)
year(s), with the option to renew the contract for four (4) additional one-year periods. Under the same terms, if it
should be deemed advisable and advantageous to do so. Renewal of this contract shall be contingent upon
satisfactory performance evaluations by the University.
(13) F.O.B POINT: The F.O.B point shall be destination. The exact delivery/service point will be indicated on the
(14) PACKAGING: Shipping labels shall be attached to each carton and shall contain the following information:
Purchasing Order number, quantity contained in each package, and total number of items being delivered.
(15) LABELS: Labels shall be affixed as required by any or all State and Federal statutes or regulations.
(16) INSURANCE: The Contractor shall purchase from and maintain with a company or companies, lawfully
authorized to do business in Florida and acceptable to the University, such insurance as well protect the
Contractor from claims arising out of or resulting from the Contractor’s operations under the Contract and for
which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or
by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.
All insurance policies shall be issued and countersigned by representatives of such companies duly authorized for
the State of Florida and shall be written on ISO standard forms or their equivalents. The Contractor shall file with
the University Certificates of Insurance prior to the commencement of the work and shall file certificates of
insurance evidencing the renewal of such policies at least thirty (3) days prior to the date that each applicable
insurance policy is scheduled to expire. Please note that the University of Florida must be named “additional
insured” on automobile and general liability policies.
Contractor’s Liability Insurance: The Contractor shall provide the ISO Commercial General Liability policy for
general liability coverage’s for limits of not less than of $500,000 per occurrence, Coverage’s shall be maintained
without interruption from date of commencement of work until date of final payment.
Worker’s Compensation: The Contractor shall secure and maintain for the life of this Agreement, valid Worker’s
Compensation Insurance as required by Chapter 440, Florida Statutes.
Automobile Liability: The Contractor shall secure and maintain during the life of this Agreement, Automobile
Liability Insurance on all vehicles against bodily injury and property damage in the amount of at least, $1,000,000
(17) OSHA REGULATIONS: It is the responsibility of the Contractor to insure that ALL OSHA regulations applying to
this job are adhered to at all times.
(18) MATERIAL SAFETY DATA SHEET: In accordance with Chapter 442, Florida Statutes, if this purchase order
involves the shipping of any item designated as a toxic substance such shipment must be accompanied by a
Material Safety Data Sheet (MSDS). A toxic substance is defined as any chemical substance or mixture in
gaseous, liquid or solid state, if such substance appears on the “Florida Substance List” promulgated by the
Department of Labor and Employment Security; is manufactured, produced, used, applied or stored in the
workplace; and causes a significant risk to safety or health during, or as a proximate result of, any customary or
reasonable foreseeable handling or use. The MSDS must be maintained by the user agency and must include the
1. The chemical name and the common name of the toxic substance.
2. The hazards or other risks in the use of the toxic substance, including:
1. The potential for fire, explosion, corrosion, and reactivity.
2. The known acute and chronic health effects of risks from exposure, including the medical
conditions which are generally recognized as being aggravated by exposure to the toxic
3. The primary routes of entry and symptoms of overexposure.
3. The proper precautions, handling practices, necessary personal protective equipment, and other safety
precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment
in case of overexposure.
4. The emergency procedure for spills, fire, disposal, and first aid.
5. A description in lay terms of the known specific potential health risks posed by the toxic substance
intended to alert any person reading this information.
6. The year and month, if available, that the information was compiled and the name, address, and
emergency telephone number of the manufacturer responsible for preparing the information.
Any questions regarding this requirement should be directed to: Department of Labor and Employment Security,
Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551 Executive Center Circle West,
Tallahassee, Florida 32301-5014, Telephone: 1-800-367-4378.
(19) LIMITATION OF REMEDIES: Contractor’s entire liability and the University’s exclusive remedy shall be as
In all situations involving performance or non-performance of machines or programing furnished under this
Agreement, the University’s remedy is (a) the adjustment or repair of the machine or replacement of its parts by
Contractor, or at Contractor’s option, replacement of the machine or correction of programming errors, or (b) if
after repeated efforts, Contractor is unable to install the machine or a replacement machine, model upgrade of
feature in good working order, or to restore it to a good working order, or to make programming operate, all as
warranted, the University shall be entitled to recover actual damages to the limits set forth in this Special
Condition. For any other claim, concerning performance or non-performance the Contractor pursuant to, or in any
other way related to the subject matter of, this Agreement or any order under this Agreement, the State shall be
entitled to recover actual damages to the limits set forth in this Special Condition.
Contract shall hold and save the University harmless for any and all suits and judgements against the University
for personal injury or damage to real or personal property caused by Contractor’s tortious conduct in the
performance of this Agreement provided that, (a) the University promptly notified Contractor in writing of any claim,
and (b) Contractor shall be given the opportunity, at its option, to participate and associate with the University in
control, defense and trial of any claims and any related settlement negotiations and, provided further, that with
respect to any claim or portion thereof for which Contract agrees the initiation of such claim that Contractor shall
save and hold State harmless.
(20) PROTECTION OF PROPERTY: The Successful Vendor shall at all times guard against damage or loss to the
property of the University or of others or vendors and shall be held responsible for replacing or repairing any such
loss or damage. The University may withhold payment or make such deductions as deemed necessary to insure
reimbursement or replacement for loss or damage to property through negligence of all the Successful Vendor or