2011-2012 SANDBAG CONTRACT TERMS.rtf

CONTRACT TERMS AND CONDITIONS

SAND BAGS

SCOPE: To furnish the normal requirement to cover the quantities for sand bags ordered by all State of Maine Agencies including Municipalities and Political Sub-Divisions.

CONTRACT PERIOD: Contract to be for a period of one-year beginning the date an award is made.

CODE OF CONDUCT ANTI-SWEATSHOP FEE: Any Vendor who is awarded a contract or purchase order for apparel, footwear or textiles from the State of Maine shall be subject to a 1% fee of the total amount of the contract or purchase order. This fee will be applied to the costs of implementing and administering the Code of Conduct, including the development of a consortium to monitor and investigate alleged violations of the Code. Payment of the fee must be made separately by the Vendor and is exclusive of the cost of the contract or purchase order. Payment of the fee is to be made within 30 days of the execution of a purchase order, or within 30 days of the end of each calendar quarter on the amount purchased under a term contract during that quarter. Failure to pay the 1% fee may result in: (1) Loss of future contracts or purchase orders with the State of Maine and/or (2) Immediate termination of the existing contract, within 30 days of written notification.

PRODUCT SPECIFICATIONS: Size: 14” x 26” White woven polypropylene with ties. UV rating of 1600 or better.

ESTIMATED VALUE: It is estimated that the value of this contract is $15,000.00. It is understood and agreed, however, that the contract shall cover only the quantities ordered by the using agencies, noted above, for delivery during the term of the contract, whether more or less than the amount indicated.

PRICES: Prices shall remain firm for the duration of the contract. Prices to include all transaction charges, F.O.B. Destination.

PRICE SCHEDULE PER QUANTITIES ORDERED:

To be determined…

1,000 – 4,999 BAGS $ / BAG

5,000 – 9,999 BAGS $ / BAG

10,000 – 19,999 BAGS $ / BAG

20,000 – 28,999 BAGS $ / BAG

29,000 OR MORE BAGS $ / BAG

DELIVERY: Contractor will be responsible for delivery of materials in first-class condition at the point of delivery, and in accordance with good commercial practice. All deliveries will be delivered to the stated destination in a timely manner.

PROCUREMENT CARD: State policy requires vendors to accept the State of Maine Procurement Card as a form of payment, with very rare exceptions. Your company will be required to accept these cards. The pricing offered to the State of Maine shall be the final cost to the State of Maine regardless of payment method. No surcharge or other contractor compensation will be allowed. The State of Maine reserves the right to cancel this contract if is unwilling to accept this condition.

ORDERING PROCEDURE: Delivery Orders (DO) will be created in AdvantageME for all orders against Master Agreements (MA), unless the State of Maine Procurement Card is used for payment. Orders in the amount of $5,000.00 or less will be e-mailed by the using agency to the Vendor as a .pdf file. Delivery Orders in amounts greater than $5,000.00 will workflow to the Division of Purchases’ Buyers for approval and encumbrance. The Division of Purchases will e-mail the .pdf order to the Vendor.

INVOICE: Invoice must reference the Delivery Order number and Contract number. Failure to do so could cause lengthy delay of payment of invoices.

TAXES: The State of Maine is exempt from the payment of federal excise taxes and state sales taxes. Exemption certificates may be furnished upon request from the Division of Purchases.

REPORT OF PURCHASES: Contractor may be required to furnish the Director of Purchases with a detailed summary of total purchases made under this contract. This total may be requested yearly or more frequently as required.

CANCELLATION OF CONTRACT: The Division of Purchases reserves the right to cancel a contract upon a thirty day written notice, or cancel immediately if the contractor does not conform to the terms and conditions of this contract.

EXTENSION OF CONTRACT: The Director of Purchases may, with the consent of the contractor, extend the contract for one (1) additional one year period, providing pricing and the terms of the contract are in the best interest of the State.

OPPORTUNITIES FOR POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS:

The Division of Purchases is committed to providing purchasing opportunities for political subdivisions and school districts in Maine by allowing them access, through our vendors, to our contract pricing. The successful bidder’s willingness to extend contract pricing to these entities will be considered in making this award.

Will you accept orders from political subdivisions and school districts in Maine at the prices quoted?

Yes, unconditionally.

Yes, with conditions. Specify:

No.