Additional Terms & Conditions.docx

Additional Terms and Conditions

BID SUBMISSION INSTRUCTIONS: Beginning on the alabamabuys supplier portal page, select the desired sourcing project. Once project is opened make sure the left panel is expanded. If not, click on small double arrows to expand. Be sure to review each tab for necessary information and enter bid amounts on item grid as needed. After you have checked and completed each tab, you can validate and submit your bid.

Award:

Award will be made "all or none" to the lowest responsible bidder meeting all specifications. ******No Substitutions******

Contract Period:

Establish a 12-month contract with an option to extend for a second, third, fourth, and fifth 12-month period with the same pricing, terms, and conditions. The second, third, fourth, or fifth 12-month period, if agreed by both parties, would begin the day after the first, second, third, or fourth 12-month period expires. Any successive extension must have written approval of both the state and vendor no later than 30 days prior to expiration of the previous 12-month period.

Delivery Time Frame:

All items ordered must be delivered to the "ship to" address shown on the P.O. within thirty (30) days of vendor's receipt of order, unless previously agreed upon from the ordering agency.

Materials, Supplies, or Equipment:

All materials, supplies, or equipment being bid and delivered to the State shall be new, unused, of recent manufacture, first class in every respect and suitable for their intended purpose.

Non-appropriation of funds:

Continuation of any agreement between the State and a bidder beyond a fiscal year is contingent upon continued legislative appropriation of funds for the purpose of this bid and any resulting agreement. Non-availability of funds at any time shall cause any agreement to become void and unenforceable and no liquidated damages shall accrue to the state as a result. The State will not incur liability beyond the payment of accrued agreement payment.

Firm Pricing:

Pricing should remain firm for a period of one calendar year from the date of award to allow for additional purchases as necessary. The State does not guarantee any additional purchases beyond the initial order.

Price Escalation Clause:

If, during the performance of this contract, the price of the material or cost of the labor involved significantly increases through no fault of the supplier, a price increase may be considered. Documentation of a price increase for materials is required from the manufacturer. Documentation of a price increase for labor is required from the supplier. All price increases must be approved by both the state and the supplier in writing. Any de-escalation in price shall be passed onto the state immediately while still meeting all specifications, terms and conditions of the contract.

Requested information:

Any additional information requested from a supplier must be furnished within five (5) days from receipt of request.

Questions:

Questions must be submitted through the vendor portal in Alabamabuys from the Discussions tab.