Request for Proposal Terms and Conditions

Terms and Conditions for Submitting Proposal

Submission of a proposal constitutes acceptance of these terms.

Confidentiality.

All information, in any form, concerning this RFP or Casey’s, including any related information that is subsequently disclosed by Casey’s during the bid and proposal process, is Casey’s confidential information. Vendor will not disclose such information, or use it for any purpose other than responding to the RFP without Casey's prior written consent. This RFP, Vendor responses to this RFP, and the RFP evaluation process shall all be considered confidential information hereunder. Vendor may be required to execute a Non-Disclosure Agreement prior to final selection.

Conflict of Interest.

Vendor shall disclose, in writing to Casey’s, the circumstances of any possible conflict of interest or what could be perceived as a possible conflict of interest if the Vendor were to become a contracting party pursuant to this RFP.

News Releases.

Vendor shall not publicly announce or disclose participation in this RFP process, or advertise or release any publicity regarding this solicitation and response or the fact that the aforesaid discussions are taking place or the nature of such discussions, without the prior written consent of Casey’s.

Proposal.

This RFP is a solicitation of bids only and neither the issuance of this RFP nor the submission of a responsive proposal shall be binding on Casey’s. The issuance of this RFP is not an offer and does not imply that Casey’s is making an offer to do business with any RFP recipient or respondent. The following shall apply:

  • Casey’s may, during the RFP period, make changes in the RFP. All such changes shall become part of the RFP as if originally included therein.
  • Submission of a proposal in response to this RFP does not commit Casey’s to, and Casey’s is not obligated to, pay any costs incurred in proposal preparation or submission. All proposal and related costs are the responsibility of the Vendor.
  • Casey’s reserves the right to award any, all or none of business detailed in this RFP, as it deems appropriate to meet its needs, in its sole discretion.
  • The selection of any Vendor, with whom Casey’s may subsequently enter into an agreement, shall be at the sole discretion of Casey’s. Notification of award by Casey’s will be made by “Notice of Intent to Award” and/or purchase order, at Casey’s election.
  • After the selection of the preferred proposal, Casey’s has the right to negotiate with the Vendor in question and, as part of that negotiation, to introduce changes, amendments, or modifications to the proposal as submitted without offering other Vendors the opportunity to amend their proposals.
  • Proposals shall be firm and not contingent upon future events.
  • Failure to comply with these terms and conditions, and all other provisions of this RFP, may result in Vendor’s proposal being rejected for that reason alone. In any case, proposals submitted become the property of Casey’s and will not be returned.
  • Proposals must be submitted by a duly authorized agent of the company.

Affidavit of Non-Collusion

By responding to this RFP you are certifying on behalf of your company, that except as specifically disclosed in your response, neither you nor any other employee, officer, director or agent of your company has discussed, coordinated or colluded with any other respondent as to the terms, service levels, prices or other aspects of the RFP or your or their responses thereto.

Incorporation of Proposal into Contract

This RFP, any selected Vendor or Vendors' proposal, and all other representations made by the Vendor, may be incorporated in whole or in part by Casey’s into any final agreement executed by Vendor and Company.

Preliminary and Secondary Awards

The issuance of this RFP does not obligate Casey’s to accept any of the resulting proposals. If the selected Vendor is unable to reach contractual agreement with Casey’s, any preliminary award(s) resulting from this RFP shall be modified and Casey’s, at its sole discretion, shall be free to negotiate with and make an award to any other Vendor or provider.

Proposal Additions and Modifications

During the evaluation period, Casey’s may request additional or alternative options and prices from selected Vendors. Such requests shall be deemed to be part of the original RFP and Vendor responses will be evaluated as part of the original RFP. Vendors shall not be permitted to revise their original responses without Casey’s permission.

Errors and Omissions

Respondents to this RFP are expected to carefully review all requirements and specifications associated with the goods/services being sought. While Casey’s has made every effort to provide complete and accurate information regarding the scope of goods/services required, we invite comments or suggestions, which in your professional opinion will improve the quality of the resulting goods/services .Respondents are expected to indicate any errors or omissions noticed by such respondents relating to the technical or operational portions of this RFP. All comments, suggestions, errors, or omissions must be submitted in writing, under separate cover, as part of your bid receipt acknowledgement. All bid proposals will be deemed to be submitted in response to this RFP unless otherwise indicated.

Mandatory Contract Terms

No binding agreement shall exist with respect to the provision of Services unless and until a definitive agreement has been agreed and executed by both Casey’s and the Vendor subject to the standard terms and conditions provided by Casey’s.

Payment terms shall be Net 60 for indirect procurement and Net 30 for direct procurement. Vendors shall be required to participate in payment by electronic method as directed by Casey’s. Vendor shall do business with Casey’s via an electronic transaction portal.

If there is anything the Vendor believes it cannot comply with, please note that in the proposal and/or provide that information to the Casey’s contact(s) Proposals shall be evaluated on the responsiveness to the mandatory conditions.

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