1. The submission of a proposal shall be deemed a representation and certification by the Respondent that they:
   
   
   1. Have carefully read and fully understand the information that was provided by the City to serve as the basis for submission of the proposal.
   2. Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted.
   3. Represent that all information contained in the proposal is true and correct.
   4. Did not, in any way, collude; conspire to agree, directly or indirectly, with any person, firm, corporation or other proposer in regard to the amount, terms or conditions of this proposal.
   5. Acknowledge that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by a proposer, and proposer hereby grants the City permission to make these inquiries, and to provide any and all related documentation in a timely manner.
      
      
2. No request for modification of the proposal shall be considered after its submission on the grounds that the proposer was not fully informed to any fact or condition.

Respondent’s proposal shall remain firm and effective, subject to the City’s review and approval, for a period of one hundred twenty (120) days from the closing date for the receipt of proposals.

The City may enter into negotiations with one or more Respondents during the one hundred twenty (120) day period during which all proposals will stay effective. The purpose of such negotiations will be to address questions and identify issues as the parties move towards the execution of a final contract or contracts.

Unauthorized contact regarding this RFP with employees or officials of the City of Pittsburgh other than the RFP Coordinator named in the header section of this solicitation may result in disqualification from this procurement process.

Neither Respondent(s) nor any person acting on Respondent(s)’s behalf shall attempt to influence the outcome of the award by the offer, presentation or promise of gratuities, favors, or anything of value to any appointed or elected official or employee of the City of Pittsburgh, their families or staff members. All inquiries regarding the solicitation are to be directed to the designated RFP Coordinator. Outside of pertinent RFP questions directed to the City of Pittsburgh as specified above, any other attempts to contact any City of Pittsburgh personnel regarding this RFP, without prior approval by the RFP Coordinator will be considered grounds for dismissal and immediate disqualification from the RFP process. This includes, but is not limited to, all verbal, voice, text, e-mail, and social media (e.g. – LinkedIn) contact.

Please note the following:

1. The City shall not be responsible for nor bound by any oral instructions, interpretations or explanations issued by the City or its representatives.
2. Each proposer shall assume the risk of the method of dispatching any communication or proposal. •The RFP Coordinator must receive all written comments, including questions and requests for clarification, no later than the Deadline for Submission Questions listed in the tentative project schedule.
3. The City reserves the right to determine, at its sole discretion, the appropriate and adequate responses to written comments, questions, and requests for clarification. The City’s official responses and other official communications pursuant to this RFP shall constitute an addendum of this RFP.
4. The City will publish all official responses and communications pursuant to this RFP to the City of Pittsburgh procurement website. It is the responsibility of each proposer to check the site and incorporate all addenda into their response.
5. All addenda for this RFP will be distributed via the City of Pittsburgh procurement website at procurement.pittsburghpa.gov/beacon/opportunities
6. Only the City’s official, written responses and communications shall be considered binding with regard to this RFP.

Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments regarding this RFP must be put in writing and received by the RFP Coordinator within the Question and Answer tab.

A proposer may withdraw its proposal at any time before the expiration of the time for submission of proposals as provided in this RFP by delivering a written request for withdrawal signed by, or on behalf of, the proposer.

Respondent, by submittal of a proposal, acknowledges that all proposals may be considered public information in accordance with the Commonwealth of Pennsylvania Right to Know laws. Subject to award of this RFP, all or part of any submittal may be released to any person or firm who may request it. Therefore, proposers shall specify in their proposal response if any portion of their submittal should be treated as proprietary and not releasable as public information. Proposers should be aware that all such requests may be subject to legal review and challenge.

Any information considered proprietary should be indicated as such or not included in the response.

A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City.

Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:

1. Evidence of collusion, directly or indirectly, among proposers in regard to the amount, terms or conditions of this proposal;
2. Any attempt to improperly influence any member of the evaluation team;
3. Existence of any lawsuit, unresolved contractual claim, or dispute between the proposer and the City;
4. Evidence of incorrect information submitted as part of the proposal;
5. Evidence of proposer’s inability to successfully complete the responsibilities and obligation of the proposal; and
6. Proposer’s default under any previous agreement with the City, which results in termination of the agreement.

The City of Pittsburgh Ethics Code and Chapter 197 of the City Code (Code of Conduct) was established to promote public confidence in the proper operation of our local government. These resources outline the requirements for disclosure of interests and restricted activities as related to public procurement processes. Proposers are responsible to determine the applicability of these requirements to their activities and to comply with its requirements.

This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract.

The City reserves the right to:

1. Reject any and all proposals;
2. Issue subsequent Requests for Proposals;
3. Cancel this RFP with or without issuing another RFP;
4. Remedy technical errors in the Request for Proposals process;
5. Approve or disapprove the use of particular sub-consultants;
6. Make an award without further discussion of the submittal with the proposer (therefore, the proposal should be submitted initially on the most favorable terms that the firm or individual might propose);
7. Meet with select proposers at any time to gather additional information;
8. Make adjustments to the scope of services at any time if deemed by the Office of Management and Budget to be in the best interest of the City;
9. Accept other than the lowest offer.
10. Waive any informality, defect, non-responsiveness, or deviation from this RFP that is not material to the Respondent’s proposal;
11. Reject the proposal of any Respondent who, in the City’s sole judgment, has been delinquent or unfaithful in the performance of any contract with the City;
12. Reject the proposal of any Respondent who, in the City’s sole judgment, is financially or technically incapable of performing in accordance with this RFP;
13. Negotiate with any, all, or none of the Offerors and to enter into an agreement with another Offeror in the event that the originally selected finalist defaults or fails to execute an agreement with the City.
14. Award a contract to the firm(s) that presents the best qualifications and whose proposal best accomplishes the desired results; and/or
15. Enter into an agreement with another proposer in the event the originally selected proposer defaults or fails to execute an agreement with the City.
16. Require a performance bond and/or other “failure to deliver” agreement by the awardee at time of contracting.

Contractor agrees that section 161.16(e) of the Pittsburgh Code of Ordinances, stating that Contractor must pay at least the applicable prevailing wages as will have been determined by the City Controller pursuant to the City Service Worker Prevailing Wage Ordinance, Title I, Article VII, Section 161.38(I)(B), as the same may be amended, and as will have been determined by the Secretary of Labor and Industry to the workers employed in the performance of any contract for public work subject to the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442), as amended August 9, 1963 (Act No. 342), and the regulations issued pursuant thereto, and all supplements and amendments thereto, must be made a part of the Contract as fully as if attached hereto, and that Contractor will comply in all respects with the provisions thereof, insofar as the same implicates the Contract.

Contractor shall comply with Section 161.16A of the Pittsburgh City Code.