Attachment D Addendum 1.pdf

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Attached to
Fumigation Chemicals and Materials for Tree Nurseries
Solicitation number
RFB 758 2700000003 2
Issued by
Mercer County, Kentucky

About this file

This is Addendum No. 1 to a Request for Bids (RFB) issued by the Commonwealth of Kentucky for Fumigation Chemicals and Materials for Tree Nurseries. The addendum modifies Section 29 regarding payment terms and procedures for the contract. The changes establish that the Commonwealth will process payments within thirty working days of receiving a properly submitted invoice and accepting goods or services, with working days defined as weekdays excluding Commonwealth employee holidays through agency close of business. Partial payments for received goods or services are permitted according to contract terms, contingent upon successful completion, acceptance of work, and delivery of required documentation.

Invoice submissions must include specific information when applicable, including contract and delivery order numbers, contractor entity name, point of contact, unique invoice number, invoice date, item numbers, descriptions, sizes, quantities, unit prices, and extended totals for line items. For Personal Service Contracts, invoices must use the designated form available on the Government Contract Review Committee website. The Commonwealth will notify contractors within fifteen working days of improper invoices or service disputes, allowing ten calendar days for corrections and resubmission. If payment is not received by the twenty-fifth business day after invoice submission without notification of issues, contractors should contact their Commonwealth representative. In cases of payment disputes, contractors must first attempt resolution through the purchasing agency using the established process on the Finance and Administration Cabinet website, with escalation to the Finance Secretary if needed. The Commonwealth is obligated to pay a penalty of one percent monthly on any undisputed amount owed after thirty working days following receipt of goods or services and invoice, unless otherwise agreed, with penalty payments issued within ten working days of resolution.

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Text version

Attachment D Addendum No. 1

BIDDER SHALL CONFORM TO THE FOLLOWING CHANGES AS SAME SHALL

BECOME BINDING UPON THE CONTRACT TO BE ISSUED IN RESPONSE TO THIS

SOLICITATION.

Reason for change: To add following language to RFB under Section 29 Payments- The Commonwealth will make payment within thirty (30) working days of receipt of Contractor's invoice and of acceptance of goods and/or services except when the agency has transmitted a rejection notice to the vendor in accordance with KRS 45.453 and KRS

45.454. For the purpose of this provision, a working day is any weekday except for Commonwealth employee holidays up to the agency close of business. The Commonwealth may make a partial payment of goods or services that it has received according to the terms of the contract.

Payments are predicated upon successful completion and acceptance of the described work, services, supplies, or commodities, and delivery of the required documentation. Invoices for payment shall be submitted to the agency contact person or agency representative and, except Personal Service Contract invoices, shall include the following information, as applicable:

(1) Contract and/or delivery order number;

(2) Name of Contractor Entity or Individual;

(3) Contractor designated point of contact;

(4) Unique Invoice Number;

(5) Invoice Date;

(6) Item numbers;

(7) Descriptions of goods or services provided;

(8) Sizes of goods provided;

(9) Quantities provided;

(10) Unit prices; and

(11) Extended totals (unit price x quantity) for invoiced line items.

For Personal Service Contracts, invoices must be submitted on the Personal Service Contract Invoice form established by the Government Contract Review Committee, available at:

https://apps.legislature.ky.gov/moreinfo/contracts/PSC%20INVOICE%20FORM.pdf

The Commonwealth will make a good faith effort to notify the Contractor within fifteen (15) working days of the Contractor’s failure to submit a proper invoice or a dispute of the goods or services provided. The Contractor shall address the Commonwealth’s concerns within ten (10) calendar days and resubmit a corrected invoice with a new invoice number for payment. If the Contractor has not rectified the problem with the invoice or the good or service within the ten (10) calendar day correction period, any revised submitted invoice shall be considered a new invoice with a new date of submission for calculation of any late payment penalty.

If the Commonwealth has not notified the Contractor of any issue with the invoice or the goods and/or services and the Contractor has not received payment by the twenty-fifth (25th) business day after the Contractor submitted the invoice, the Contractor should notify its Commonwealth contract representative that its invoice is still pending payment.

Except as otherwise explicitly provided in the contract, payments shall be issued to the Contractor within thirty (30) working days of receipt of Contractor's invoice or of acceptance of goods and/or services. In the event of an invoice payment dispute between the Contractor and purchasing agency, the Contractor shall first attempt resolution of the dispute via submission to the purchasing agency in accordance with the payment dispute process posted on the Finance and Administration Cabinet website, located at:

https://finance.ky.gov/office-of-the-secretary/office-of-general-counsel/Pages/procurement-and-protest-resources.aspx

If submission to the purchasing agency fails to resolve the payment dispute, the Contractor may submit a contract dispute regarding payment to the Finance Secretary for resolution. In accordance with KRS 45.454, and except as provided by KRS 371.405, there shall be payable to the Contractor a penalty of one-percent (1%) on any undisputed amount each month or fraction thereof owing to the Contractor after 30 working days following the receipt of the goods or services and receipt of the invoice unless otherwise agreed between the Commonwealth and the Contractor. After a resolution is determined, the purchasing agency shall begin to assess penalties due the Contractor and remit the penalty payment to the Contractor within ten (10) working days.

End of Addendum

Tierra Johnson

Commonwealth Buyer

File details come from the government source that posted it. Updated .