Bid Kit Terms

Version 2026-10-28. These Bid Kit Terms ("Bid Kit Terms") apply when you ("Client") order a Bid Kit from Pushbuild LLC ("Pushbuild"). A Bid Kit is a statement of work under Pushbuild's Master Services Agreement at pushbuild.com/msa (the "MSA"), and the MSA applies to it. If these Bid Kit Terms conflict with the MSA, these Bid Kit Terms govern for the Bid Kit. By ordering, paying for, or accepting a proposal for a Bid Kit, Client accepts these Bid Kit Terms and the MSA.

1. What a Bid Kit is

1.1 For one public solicitation that Client identifies (the "Solicitation"), a Bid Kit consists of: (a) a written summary of the Solicitation; (b) a checklist of its stated requirements, forms, deadlines and submission instructions as Pushbuild reads them; and (c) a draft response for Client to review, complete and edit (together, the "Deliverables"). 1.2 A Bid Kit does not include: submitting anything; attending pre-bid meetings; contacting the issuing agency, its officials or other bidders; pricing decisions; completing or signing certifications, affidavits, representations or forms; obtaining insurance, bonds, licenses, registrations or certifications; legal, tax, accounting or insurance advice; or work on amendments, questions or answers issued after delivery. Any of these may be ordered separately.

2. Client is the bidder

2.1 Client alone decides whether and how to bid, and is solely responsible for its submission. That includes its accuracy and completeness, every price, every representation and certification, its compliance with the Solicitation and with law, and delivering it on time by the method the Solicitation requires. 2.2 Client will review every Deliverable in full and will verify every statement in it before using it. Client will provide accurate information on request and will not ask Pushbuild to state anything Client knows or suspects is untrue. Facts, figures, experience, staff, past performance and references in a draft come from Client or are placeholders for Client to confirm or replace. 2.3 Client will check the Solicitation, and every addendum or update to it, against the summary and checklist. If the Solicitation and a Deliverable differ, the Solicitation controls. 2.4 If the Solicitation, or the law that governs it, requires disclosure of consultants or of assistance in preparing a response, Client will make that disclosure.

3. No guarantee of outcome

PUSHBUILD DOES NOT GUARANTEE, AND IS NOT RESPONSIBLE FOR, THE AWARD OR LOSS OF ANY CONTRACT; THE OUTCOME OF ANY EVALUATION, PROTEST OR APPEAL; WHETHER CLIENT IS ELIGIBLE, QUALIFIED, REGISTERED OR RESPONSIBLE; WHETHER ANY SUBMISSION IS RESPONSIVE, COMPLETE OR TIMELY; OR THE ACCURACY OF ANY AGENCY'S DOCUMENTS OR SYSTEMS. Summaries and checklists are aids to Client's own review, not a complete statement of the Solicitation's requirements.

4. Timing

Pushbuild will deliver by the date in the order, provided Client has supplied the Solicitation and requested information at least the number of business days before that date the order states, or 5 business days if it states none. Pushbuild is not responsible for a missed submission deadline. Client should allow time to review the draft and submit before the deadline.

5. Fee

5.1 The Bid Kit fee is a flat fee, stated in the order and payable before work starts. It does not depend in any way on whether Client bids, is awarded a contract, or is paid. Pushbuild does not accept success fees, commissions or any compensation contingent on an award. 5.2 The fee is non-refundable once the Deliverables are delivered. If Client cancels before delivery, Pushbuild may keep the portion of the fee covering work already performed.

6. Warranty and liability

6.1 The warranty in MSA Section 9 applies only to the draft response, and only to correct a material failure of the draft to follow the summary and checklist delivered with it. It does not cover the summary or checklist themselves, Client's edits, information Client supplied, or changes to the Solicitation after delivery. The remedy is the one MSA Section 9 provides. 6.2 MSA Sections 10 and 11 apply. Without limiting them, Pushbuild is not liable for lost contracts, lost profits, bid preparation costs, protest costs, or penalties, damages or claims arising from Client's submission, certifications or performance of any contract.

7. Conduct and confidentiality

7.1 Pushbuild will not contact the issuing agency or its officials on Client's behalf, offer anything of value to any public official, or take part in any collusion or bid rigging. Client will not ask Pushbuild to do so. 7.2 Client's non-public information, draft responses and prices are Client's Confidential Information under the MSA. Pushbuild may help other clients with the same Solicitation. It will keep each client's information separate and will not share any client's draft, prices or strategy with another. 7.3 Upon payment, the Deliverables belong to Client under MSA Section 7. Publicly issued Solicitation documents remain public. Pushbuild may reuse its general templates, checklists and know-how.

8. Not legal advice

Pushbuild is not a law firm and does not give legal advice. Bid Kits do not interpret laws, regulations or contract terms for Client. Client should consult its own attorney about legal questions, contract terms, certifications and protests.