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INSTRUCTIONS TO BIDDERS <br />~ 1. Defined Terms <br />Terms used in these Instructions to Bidders, which are defined in the Procurement <br />~ General Conditions, EJCDC Document 1910-26-B (1981 edition), have the meanings <br />assigned to them in the General Conditions. The term "Bidder" means one who submits a <br />' Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The <br />~ term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder <br />to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an <br />i <br />award. The term "Bidding Documents ncludes the Advertisement or Invitation to Bid, <br />~ Instructions to Bidders, the Bid Form, and the proposed Procurement Documents <br />(including all Addenda issued prior to receipt of Bids). <br />~ 2. Copies of BiddingLDocuments <br />2.1. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, <br />~ stated in the Advertisement or Invitation to Bid may be obtained from Engineer. <br />2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor <br />~ Engineer assume any responsibility for errors or misinterpretations resulting from the use <br />of incomplete sets of Bidding Documents. <br />~ 2.3. Owner and Engineer in making copies of Bidding Documents available on the above <br />terms do so only for the purpose of obtaining Bids for Materials and do not confer a <br />~ license or grant for any other use. <br />3. Qualifications of Bidders <br />~ To demonstrate qualifications to furnish the Materials, each Bidder must be prepared to <br />submit, within five days of Owner's request, written evidence, such as financial data, <br />~ previous experience, present commitments, and evidence of Bidder's qualification to do <br />business in the state where the Project is located. <br />~ 4. Examination of Documents <br />4.1. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the <br />~ Procurement Documents thoroughly, (b) consider federal, state and local Laws and <br />Regulations that may affect cost, progress, performance or furnishing of the Materials, (c) <br />study and carefully correlate Bidder's observations with the Procurement Documents, and <br />~ (d) notify Engineer of all conflicts, errors or discrepancies in the Procurement <br />Documents. <br />~ 4.2 The submission of a Bid will constitute an incontrovertible representation by Bidder that <br />Bidder has complied with every requirement of this Article 4, and that the Procurement <br />~ <br />- %-%1-1?7 <br />2 <br />~ <br />