Attachment B - General Conditions - Pages 1-3.docx

ATTACHMENT B

RFx number: 3000026521 Contract Title: Diamond Mowers BN Agricultural Equipment - Statewide

Scope:

The purpose of this solicitation is to establish a non-exclusive contract to provide Diamond Mowers Brand Name Agricultural Equipment, Attachments, Parts and Accessories to the State of Louisiana Agencies and/or Political Subdivisions. This contract is intended to cover the State's normal requirements for various agricultural equipment, parts, attachments, and accessories not exceeding a value of $170,000.00 net cost per unit.

Only the equipment listed above and their parts, attachments, and accessories will be covered under the contract. The contract will not cover items commonly identified as lawn care/golf and turf, industrial (limited) equipment, or utility and All-Terrain Vehicles (ATVs) vehicles of any type.

Definitions:

(For the purpose of clarification) State Agencies shall be defined as all Departments, Divisions, Offices, Universities, Vocational Technical Schools, Boards, Commissions, etc. Political Subdivisions are defined as all local and regional governmental and tax supported organizations which operate independently of the State, such as police juries, cities, towns, councils, hospitals, etc.

Design:

All agricultural equipment shall not exceed $170,000.00 net cost per unit and shall be new models that are in current production. All units shall be complete with all necessary operating components and accessories customarily furnished, together with such modifications as necessary to enable the equipment to function reliably and efficiently in sustained operation. The unit and all allied equipment shall be designed to permit ready accessibility for maintenance purposes with minimal disturbance of other components or assemblies. The term “heavy duty” as used to describe an item, shall be defined to mean in excess of the usual quality or capacity that is normally supplied with the standard production item. Where standard equipment is ordered, items less than standard equipment will not be accepted.

Assignments:

No contract, or purchase order, or proceeds thereof may be assigned, sublet, or transferred without written consent of the Commissioner of Administration.

Price Lists:

The Successful Contractor shall furnish price lists, catalogs, and descriptive literature to any Using Agency upon request by the Agency, in a timely manner, at no cost to the Agency.

Price List Changes:

Any price list changes must be approved by the Office of State Procurement. Price list changes will be considered once in each contract period beginning in the initial award period. The original price list discount awarded shall remain constant throughout the duration of the contract and renewals. Deeper discounts will be accepted.

Minimum Order:

The minimum order, qualifying for prepaid transportation, is one unit (apparatus, attachment, or part) exceeding $99.99.

Delivery:

All units shall be delivered fully serviced and ready for use and will be accepted in accordance with individual purchase orders. The vendor shall be required to make any necessary adjustments or install omitted equipment prior to acceptance of the unit(s). No facilities or personnel will be provided by the State to handle any make-ready adjustments, or equipment installations.

Parts Delivery:

It is expected that the delivery of replacement parts should not exceed 3 working days A.R.O.

Transportation Charges:

All goods shall be delivered F.O.B. destination for all orders equal to, or greater than the minimum order, when shipped to a single destination. Transportation charges levied by the Contractor for orders equal to, or greater than the minimum order, when shipped to a single destination, may be cause for removal of the Contractor from the contract. In instances where the Contractor makes partial shipments of an order to one destination which is equal to, or greater than the minimum order, all shipments of the order shall be sent F.O.B. destination with no additional transportation charges.

Warranty:

Unless specified elsewhere for special components, equipment procured under these specifications shall be fully warranted against defective materials or workmanship under the manufacturer's standard warranty. However, if additional warranty coverage on the whole or any components of the equipment, in the form of time and/or hours including any pro rata arrangements, is normally extended to commercial customers, the State shall receive corresponding warranty benefits. All equipment delivered shall meet or exceed the manufacturer’s published specifications.

Extended warranties will only be included as part of the contract if a firm percent and/or price is listed in the manufacturer’s published price list dated as indicated within.

The Contractor agrees to replace free of charge all defective parts delivered under the contract. All transportation charges covering the return and the replacement of defective parts shall be paid by the Contractor.

Materials:

Materials used shall be new and quality conforming to current engineering and manufacturing practices. Materials shall be free of defects and shall be suitable for the intended service.

Manufacturer’s standard colors will be acceptable.

Emission Controls:

All motorized industrial equipment shall comply with the regulations of the Environmental Protection Agency (EPA) governing control of air pollution from new industrial equipment engines in effect on the date of manufacture.

Cooling System:

Shall be manufacturer’s standard equipment for the model(s) ordered. Cooling system design and capacity shall maintain the engine at optimum safe temperature under all operating conditions without any loss of coolant or overheating of the engine and components.

Pre-delivery servicing and adjustment:

The vendor shall not attach any vendor identification, advertising, or similar material to the equipment. The equipment shall be clean and free from defects when delivered. Prior to acceptance by the State, the vendor shall service and adjust the equipment for operational use, to include as a minimum, the following:

1. Focusing of any lights.

2. Tuning of engine.

3. Adjustment of accessories.

4. Checking of electrical, braking, and suspension system.

5. Charging of battery(s).

6. Inflation of tires.

7. Complete lubrication of engine, chassis, and operating mechanisms, with recommended grades of lubricants for the ambient air temperature at the point of delivery.

8. Servicing of any cooling system with permanent type antifreeze and summer coolant for minus 20 degrees Fahrenheit protection.

9. Check all belts and blades for tightness.

Service & Repair:

The State of Louisiana shall expect the manufacturer to have adequate stock of replacement parts available to service State purchased equipment and to make delivery within a reasonable time of all normal replacement parts to their dealers who may service State purchased equipment. The State further expects that warranty service and repairs as well as non-warranty service and repairs will be handled without prejudice by local dealers throughout the State of Louisiana.

Responsibility for Inspection:

Unless otherwise specified in the contract or purchase order, the supplier shall be responsible for the performance of all inspection and testing requirements necessary to ensure compliance with the requirements of this and the applicable detailed specifications. This action does not preclude subsequent inspections and testing by the State of Louisiana to further determine conformance with the specification requirements of the quality of workmanship, material and construction techniques.