Disclosures, Representations, and Warranties
The State obtained the information contained in this RFP from sources deemed reliable; however, the State makes no guarantees, warranties, or representations, nor expresses or implies any opinion concerning the accuracy or completeness of the information provided. It is furnished solely as an aid to Interested Parties. Interested Parties are responsible for undertaking all necessary investigation on and off the Sale Property to determine the suitability of the Sale Property for Interested Party’s intended use.
Inspection of Property
Interested Parties who wish to visit the Sale Property during the Information Period described earlier must receive an executed Right of Entry form from the State by submitting a request to Gerald.McLaughlin@dgs.ca.gov. Such requests must include the identity of the contractor(s) or entity(ies) conducting the inspection and the nature and scope of the inspections. Subject to the terms of the Right of Entry, the Interested Party, its representatives, authorized agents, or contractors may enter onto the premises to inspect the Sale Property, provided that the Interested Party keeps the Sale Property free of liens, repairs all damage to the Sale Property resulting from such inspection, and indemnifies and holds the State harmless from and against all liability, claims, demands, damages, or costs of any kind whatsoever (including attorney’s fees) arising from or connected to said inspections. Entry onto the Sale Property without the State executing and returning the Right of Entry form to the Interested Party is prohibited. After receiving an executed Right of Entry, Interested Parties are required to notify the State at Gerald.McLaughlin@dgs.ca.gov in writing prior to any site visits to arrange for inspections of the grounds with appropriate State personnel.
All closing costs shall be paid by the buyer, including but not limited to any applicable documentary transfer taxes, premiums for any title policy, escrow fees and costs, surveys, and document recording charges for the Deed and Deed of Trust. In no event shall the State be responsible for any real estate brokerage fees.
Award and Protest Procedure
A. Notice of the proposed award of the Conditional Selection of Interested Party will be emailed to all Interested Parties that submit a Letter of Interest/Offer and posted in a public place in the Department of General Services (DGS), located at 707 Third Street, West Sacramento, CA 95605 for five (5) working days prior to awarding the Conditional Selection.
B. If, prior to the award of the Conditional Selection of Interested Party, the DGS, Asset Management Branch, receives a protest filed in writing by any Interested Party that has timely submitted a Letter of Intent/Offer in response to this RFP on grounds that the (protesting) Interested Party would have been awarded the Conditional Selection of Interested Party had the DGS correctly applied the evaluation standard in the RFP, the Conditional Selection of Interested Party will not be awarded until either the protest has been withdrawn or the DGS has decided the matter. The (protesting) Interested Party shall include a detailed statement concurrently with its protest filing that specifies the grounds for the protest. Failure to include a detailed statement concurrently with the protest filing shall be automatic grounds for dismissal of any protest. The written protest shall be sent to the DGS, Asset Management Branch, Attention Branch Chief, MS-501, 707 3rd Street, West Sacramento, CA 95605, FAX (916) 376-1833. It is suggested that Certified or Registered mail, or personal delivery be used to submit the written protest.
C. The DGS, Asset Management Branch, will issue a written decision to the (protesting) Interested Party within twenty (20) working days after receiving a protest in compliance with the above requirements. The decision issued by the DGS, Asset Management Branch, shall be final.
California Public Records Act
All documents submitted in response to this RFP will become the property of the State of California and are subject to review or release to the public under the California Public Records Act, Government Code section 6250 et seq., unless the State in its sole and absolute discretion determines there is a legal basis for exemption. Any document submitted which has been marked “confidential” or “Proprietary” will not be accepted.