REVISED.2_GEN_JanitorialRFP_Tuscaloosa_County__002__SRC27596.docx

ALABAMA DEPARTMENT OF PUBLIC HEALTH

TUSCALOOSA COUNTY HEALTH DEPARTMENT

REQUEST FOR PROPOSAL FOR JANITORIAL SERVICES

RFP NO: SRC0000027596 March 17, 2025

TABLE OF CONTENTS

SECTION I:

General Information

SECTION I: GENERAL INFORMATION

Purpose:

This Request for Proposal (RFP) seeks competitive proposals from qualified suppliers/contractors for Janitorial Services for 43,416 square feet of office space.

Pre‐Proposal Conference:

A Pre‐Proposal Meeting will be held at:

Tuscaloosa County Health Department 2350 Hargrove Road E Tuscaloosa, AL 35405 Friday, April 4, 2025 at 10:00 AM CT.

Questions:

Questions will be answered during the pre-proposal conference. Questions after the conference must follow State Purchasing guidelines.

Question Submission Instructions:

Questions after the conference must be submitted to rfp.questions@purchasing.alabama.gov by Thursday, April 10, 2025, at 12:00 PM CT. The subject must include the sourcing project number and title.

Proposal Submission Instructions:

Proposals must be submitted to rfp.responses@purchasing.alabama.gov by Thursday, May 1, 2025, at 12:00 PM CT. The subject must include the sourcing project number and title.

ADPH 1

SECTION II: SCOPE OF WORK

Proposer’s Responsibility:

Proposers shall examine this RFP, shall exercise their judgment as to the nature of the whole of the work to be done, and must assume all risk for any computations or statements made in completing the proposal.

Contract Amount:

The prices proposed by the supplier should be submitted on a price schedule. It is recommended that the supplier submit a price schedule for a total of five years.

Contract Length:

Establish a 12-month contract with an option to extend for a second, third, fourth, and fifth 12-month period with the same terms and conditions. Any successive extension must have written approval from the supplier, agency, and Chief Procurement Officer no later than 30 days before the expiration of the previous 12-month period.

Subcontracts:

No subcontracts will be allowed for this proposal.

Non-responsive Proposals:

Proposals shall be considered non-responsive and may be rejected for any of the following reasons unless otherwise provided by law:

a. If there are unauthorized additions or conditional proposals, or irregularities of any kind which may tend to make the proposal incomplete, indefinite, or ambiguous as to its meaning.

b. If any proposer adds any provisions reserving the right to accept or reject any award, or to enter into a contract pursuant to an award.

c. If the proposer fails to meet the proposal specifications or is unresponsive to proposal specifications, questions, and/or terms.

d. If the proposer fails to include an authorized proposer representative’s signature on company letterhead.

Insurance:

Before starting work, proposers will furnish the ADPH a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below:

a. Comprehensive General Liability: $1,000,000 per occurrence.

b. Workmen’s Compensation: As required by Federal and State Worker’s Compensation and occupational statutes.

c. Professional Liability: $1,000,000 per claim.

The Certificate of Insurance will provide thirty (30) days written notice to the ADPH by the Insurance Company before cancellation or material change in policy coverage.

Proposal Evaluation:

Supplier will be graded on a 0-100 scale for award:

a. Total cost 50%.

b. Experience and Qualifications for building of similar size 30%.

c. References 20%.

SECTION III: INSTRUCTIONS

Section III‐A Period of Agreement:

This agreement will be for one calendar year with the option to renew each year up to four (4) additional years.

Price Schedule:

Prices proposed by supplier should be submitted on a monthly price schedule.

Section III‐B Proposal Requirements:

1. The proposal shall include the following:

a. A list of no less than two clients of similar size and scope of work presently using the bidder's janitorial services to include the name, phone number and address of a contact person.

b. A statement of the offeror’s years of experience in the janitorial business.

2. A monthly cost of all scheduled services listed under the maintenance schedule to include the cost of the following items:

a. The cost of floor washing, waxing, buffing, stripping, and sealing compounds twice a year.

b. The cost of all cleaning and maintenance labor shall be included in the price.

c. The signature of an authorized company representative who can certify compliance with all of the proposal’s requirements.

3. This proposal, including cover sheet, but excluding professional biographies, should be no longer than 25 pages.

Section III‐C Definitions‐ Technical:

1. Working hours: Janitorial work will be performed daily between 8:00 AM and 5:00 PM, Monday through Friday, except for state holidays.

2. Exception: Floor stripping/waxing will be pre‐scheduled with the maintenance supervisor during non‐working hours.

3. Easily Moved Furniture and Equipment: Items such as chairs, trash cans, tables, etc. weighing 50 lbs. or less Section III‐D Custodial Work Requirements:

1. All custodial work requirements shall be scheduled and coordinated to avoid duplication of function. For example, when stripping, waxing, and resealing are called for on a particular day, the sweeping and damp mopping functions for that same day shall be scheduled to coincide with waxing functions. Easily moved furniture, equipment, throw rugs, and all walk‐off mats shall be moved, and the floor and carpet surfaces shall be serviced when surrounding floor and carpets are servicing shall be returned to original positions. Separate mops and buckets for common areas and bathrooms.

2. Floor Care:

a. Sweeping /Dust Mopping: Uncarpeted floors shall be swept, or dust mopped. All loose dirt, streaks, and smears shall be removed. Walk‐off mats shall be swept clean. Moisture on the floor beneath walk‐off mats shall be removed and moisture on the underside of the mats shall be removed.

b. Damp Mopping: Floors and baseboards shall be damp mopped, and shall be kept free of dust, dirt, streaks, smears, stains, detergent films, and standing water. Any damp mopping function that is scheduled on stripping, waxing, and resealing day shall be scheduled to coincide with the aforementioned functions to alleviate duplications.

c. Strip: Resilient and concrete floors shall be stripped prior to refinishing to remove all finish compounds and imbedded dirt.

3. Carpet Care:

a. Vacuum Carpet: Carpeted areas, and rugs shall be vacuumed free of all loose soil, debris, lint, dust, dirt, and ashes.

b. Shampooing Carpets, Rugs, and Walk‐Off Mats: Carpets, rugs and walk‐off mats shall be shampooed free of streaks, stains and spots and shall have a bright uniform color. Carpets which shall not be dry prior to 0700 the next working day shall be protected by plastic carpet runners until dry.

4. Trash Collection:

a. Trash Cans: Trash containers include all trash cans and large trash containers used for collecting trash from individual rooms. Trash containers shall be emptied, and any trash or debris located in the immediate area of the trash can shall be removed. The Contractor shall remove any spillage that occurs during trash collection. Trash receptacles in all spaces shall be maintained in a clean and sanitary condition. The Contractor may utilize large rolling trash containers for collecting trash from individual rooms.

b. Plastic Liners: All trash cans will contain plastic liners. The Contractor will replace liners once a week, or when liners are torn, damaged, or soiled whichever occurs first. In the event that liners leak/rupture, the receptacle will be cleaned and disinfected prior to installing a new liner.

c. Washing Trash Containers: Trash containers, including all trash cans, and large trash containers used for collecting trash from individual rooms as described under the Trash Collection paragraph, shall be washed and disinfected. The washed trash containers shall contain no debris, soil, foreign materials, or unsightly stains.

5. Restrooms:

a. General Cleaning: Restroom fixtures, including water closets, urinals, lavatories, and sinks shall be disinfected inside and outside and shall be free of stains and odors. Wainscoting, partitions, and dividers shall be washed with a disinfectant and be free of dirt, stains, streaks, and graffiti. All wall surfaces, including glass, shall be cleaned free of dirt, stains, streaks, and graffiti. Mirrors shall be cleaned and polished. Restroom walls shall be cleaned free of film, streaks, and stains. All metal fixtures and hardware shall be clean and bright.

b. Service Toilet Paper: All toilet paper dispensers shall be filled at room servicing. An adequate supply of toilet paper shall be left in all restrooms when supply in dispensers is low, but not low enough to change. Toilet paper dispensers shall be refilled when there is nonvisible.

c. Paper Towel Service: All paper towel dispensers shall be filled at each room servicing. Proper size paper towels shall be installed in towel dispensers as provided. Paper towel dispensers are located in the restrooms and kitchen. Contractors shall leave an adequate supply of paper towels to last until the next servicing. Dispensers shall be completely filled at each servicing.

d. Service Soap Dispensers: All soap dispensers shall be filled at each room servicing. Proper soap shall be provided for the dispensers serviced. Soap dispensers are located in restrooms and kitchen.

6. General Room Cleaning:

a. Walls and Partitions: Walls and partitions shall be kept free of dust, streaks, lint, markings, graffiti, and cobwebs. After mopping floors, ensure walls and partitions are free of unsightly stains.

b. Dusting: All furniture, radiators, equipment, horizontal ledges and sills, hand railings, grills, fire apparatus, exposed overhead pipes, can lights, corners, and doors shall be dusted, with the exception of furniture with working papers on top. Miscellaneous hardware and bright metal work shall be cleaned.

c. Water Fountains: Drinking fountains shall be cleaned and disinfected. All surfaces are to be free of stains, smudges, scale, excrement, trash, debris, and foreign material.

d. Vestibules: Interiors, including doors, walls, threshold strips, and hardware shall be free of dust, soil, markings, lint, streaks, and trash. All metal surfaces shall be clean, bright, and shiny. Clean with lint free mops

e. Interior Glass Cleaning: The surface of all glass, which does not have one side exposed to the atmosphere, shall be considered interior glass, and shall be cleaned including windows, doors, display cases and fixed glass panes. All glass surfaces shall be free of dirt, streaks, handprints, and stains. Glass shall be wiped dry. All paint drops, putty film and foreign matter found on glass surfaces shall be removed.

f. Conference Room Furniture Polishing: The tables and chairs in all conference rooms or rooms used as conference rooms shall be polished with an approved polishing agent manufactured for that purpose.

g. Chairs Cleaning, Including Base: Chairs, including base, shall be kept free of lint, dust, dirt, hair, stains.

h. Clean Blinds: Blinds shall be wiped in place so as to remove all surface dust and dirt.

i. Floor care: Bi-annual floor to include labor, equipment, and supplies to strip and wax (recoating with a least 2 coats of wax) all VCT flooring. Services to be performed during the weekend. Provide labor, equipment, and supplies to steam clean carpeted areas twice a year.

Section III-E ADPH Furnished Property and Services:

1. ADPH Furnished:

a. ADPH will provide the Contractor the use of ADPH facilities. Storage spaces and gear lockers will be made available to the Contractor for storage of his bulk supplies and equipment which he shall use in the performance of the work in the contract when space is available. The maintenance supervisor shall provide the location of space available for storing bulk supplies and equipment.

b. Location may be changed at any time. The Contractor shall keep the spaces assigned for his use in a clean, neat, and orderly condition. ADPH shall not be responsible for the Contractor's loss of any materials, supplies, and equipment stored in these spaces occasioned by fire, theft, or other causes.

c. Supplies or equipment shall not be stored in hallways, restrooms, or other areas unless approved by an ADPH Representative.

2. ADPH Furnished Material and Equipment:

a. Paper towels, toilet tissue, hand soap, napkins, trash can liners

3. ADPH Furnished Utilities:

a. Availability of Utilities: ADPH shall furnish water and electricity as may be required for the work to be performed under the contract at no cost to the Contractor. Information concerning the location of existing outlets may be secured from the maintenance supervisor. All electrical appliances and equipment shall be correct electrical characteristics for the circuits to which connected and shall not overload any circuit. All electrical devices shall be subject to approval for safety, power demand, and characteristics before use. The Contractor shall provide portable covers to protect floor mounted electrical receptacles from water damage when stripping floors.

b. Conservation and Precautions: The Contractor and his employees shall conserve utilities. The Contractor shall shut off water faucets and turn off lights when not in use or not needed.

c. Damaged, Defective or Inoperable Items: The Contractor shall report, in writing, to maintenance supervisor, all damaged, clogged, leaking, or inoperable plumbing and fixtures; all damaged and /or inoperable equipment or surfaces, such as applicable, which prevents the proper performance of his duties when it is notice. Any emergency type situations shall be reported immediately to the maintenance supervisor.

d. Contractor Furnished Material: The Contractor shall provide all equipment, materials, supplies and services to perform the requirements of this contract. Materials and supplies shall be of acceptable industrial grade and quality.

Section III-F Contract Administration:

1. Acceptance: The performance and quality of work delivered by the Contractor, including services rendered and any documentation or written material compiled, shall be subject to inspection, review, and acceptance by ADPH.

2. Consequences of Contractor's Failure to Perform Required Services: Contractor will be held to the full performance of this contract. ADPH will deduct from the contractor's invoice or otherwise withhold payment of any items of nonconforming service observed as specified below:

a. A service task may be composed of several sub‐items. A service task may be determined to be partially complete if the Contractor satisfactorily completes some, but not all of the sub items. In those cases, partial deductions may be taken from the Contractor's invoice. ADPH reserves the right for partially completed work as set forth below:

3. ADPH will give the Contractor written notice of deficiencies prior to assessing liquidated damages or deducting for unsatisfactory or non‐performed work. Therefore,

a. In The Case of Non‐Performed Work, ADPH:

1) May, at its option, afford the Contractor an opportunity to perform the non‐performed work within a reasonable period subject to the discretion of the maintenance supervisor within 6 hours in the case of daily services, or 24 hours in the case of all other services, of the notice to the Contractor of such non‐performance, at no additional cost the ADPH; or

2) May, at its option, perform the services by ADPH personnel or other means.

b. In The Case of Unsatisfactory Work, ADPH:

1) May, at its option, afford the Contractor an opportunity to perform the unsatisfactory work within a reasonable period subject to the discretion of the maintenance supervisor, but in no event longer than 6 hours in the case of daily services, or 24 hours in the case of all other services, of the notice to the Contractor of such dissatisfaction, at no additional cost to HRPDC; or

2) May, at its option, perform the services by ADPH personnel or other means.

4. Should ADPH elect options 3.a.(1), or 3.b.(2) above, ADPH will reduce the contract payment, based on $20.00 per man hour by state forces to rectify unclean or unkept areas.

5. ADPH's exercise of rights under this clause will not preclude either (1) single occurrences of such nonperformance or unsatisfactory performance, or (2) multiple occurrences of nonperformance or unsatisfactory performance, regardless of whether deductions were taken, from being grounds for termination for default.

a. However, ADPH reserves the following rights:

1) The rights described in the Termination for Convenience of ADPH (paragraph F.7.) and all other remedies for default as may be provided by law.

2) To hold the Contractor liable for property losses sustained by ADPH as a direct, consequential result of a failure to furnish the required personnel.

b. The parties to this contract hereto agree that the Contractor, as a result of his contractual obligation to supervise the personnel furnished and oversee the quality of their performance, will be conclusively presumed to have actual knowledge of work not performed, and that therefore a written notice will not be a prerequisite for withholding payment or assessing liquidated damages for non‐performed services.

6. Suspension of Work by ADPH: ADPH reserves the right to suspend and reinstate execution of the whole or any part of the work contracted for without invalidating the provisions of the Contract in any way. Orders for suspension or reinstatement of the work will be issued by ADPH to the Contractor in writing.

7. Contracts In Default: ADPH may declare the Contract in default for any one or more of the following reasons as determined by ADPH in its sole discretion:

a. Failure or refusal to comply with an instruction of ADPH within a reasonable time.

b. Failure or refusal to perform anew any defective or unacceptable work.

c. Bankruptcy or insolvency, or the making of an assignment for the benefit of creditors.

d. Failure to prosecute the work per the agreed schedule or completion.

e. Disregard of laws, ordinances, rules, regulations, or orders of any public body having jurisdiction, or the violation of any construction of safety codes.

8. Procedure for Declaring Contract in Default: ADPH may declare the Contract in default by giving written notice to the Contractor to that effect. Said notice shall contain the reason or reasons for default and shall fix a day certain, not less than ten (10) consecutive calendar days after the date of said notice, when the Contract shall be declared in default, unless the Contractor remedies the default to ADPH's satisfaction or makes satisfactory arrangements with ADPH for its remedy prior to the day certain fixed in said notice for declaring the Contract in default. If the Contractor fails to remedy the default or to make satisfactory arrangements for its remedy prior to the date set for declaring the Contract in default, or any extension thereof, the Contract shall be declared in default.

9. Performance Evaluation Meetings: The Contractor shall meet with the maintenance supervisor weekly during the first month of the contract. Thereafter, meetings will be as often as necessary at the discretion of ADPH, but not less than quarterly. A mutual effort will be made to resolve all problems identified. The written minutes of these meetings, prepared by ADPH, shall be signed by the Contractor's representative and ADPH representative. Should the contractor not concur with the minutes, the Contractor shall state, in writing, to ADPH any areas of disagreement within five days.

10. Contractor's Invoice: The Contractor shall submit invoices, monthly to ADPH for services performed. Payment will be based on invoices submitted by the Contractor for satisfactorily completed work. Invoices will be processed for payment upon verification of work performed and receipt of required Contractor submittal as identified below.

a. All invoices are required to contain the following information:

1) ADPH purchase order number

2) Contractor invoice number

3) Effective performance period for invoice

4) Invoiced amount for the effective period

5) Name and Title of Signer

6) Signature and Date required on invoice

SECTION IV: REQUIRED SUBMITTALS

Proposal Format:

Title Page Overview and Summary Detailed Work Plan Proposed fees: Total cost

Qualifications, Experience, and References

Resumes

Office Location

References

Standard Terms and Conditions

1. Authority Division 4 of the Department of Finance Administrative Code (Chapters 355-4-1 through 355-4-6), effective October 1, 2022, is incorporated by reference and made a part of this document. To view the relevant provisions of the Administrative Code, visit our website https://purchasing.alabama.gov/

2. Choice of Law; Venue This Contract will be governed by laws of the State of Alabama and the sole venue for litigation and alternative dispute resolution activities will be the City of Montgomery in the State of Alabama. No other court shall have jurisdiction.

3. Proposal Questions:

All questions must be submitted via email to rfp.questions@purchasing.alabama.gov by the date provided in the Summary section of the RFP on the Alabama Buys Public Portal. The email subject line must include the solicitation number and title.

4. Proposal Submission:

All proposals must be submitted via email to rfp.responses@purchasing.alabama.gov by the end date posted to the Alabama Buys Public Portal. The email subject line must include the solicitation number and title.

5. Not to Constitute a Debt of the State The terms and commitments contained in the solicitation, or any contract resulting from this solicitation, shall not constitute a debt of the State of Alabama, the incurring of which is prohibited by Section 213 of the Official Recompilation of the Constitution of Alabama, 1901, as amended.

6. Proration Any provision of a contract resulting from this bid to the contrary notwithstanding, in the event of failure of the State to make payment hereunder as a result of partial unavailability, at the time such payment is due, of such sufficient revenues of the State to make such payment (proration of appropriated funds for the State having been declared by the governor pursuant to Section 41-4-90 of the Code of Alabama 1975), the supplier shall have the option, in addition to the other remedies of the contract, of renegotiating the contract (extending or changing payment terms or amounts) or terminating the contract.

7. Non-appropriation of funds Section 41-4-144(c) of the Code of Alabama: “(c) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the supplier shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract. The cost of cancellation may be paid from any appropriations available for that purpose.”

8. Open Trade/No Boycott For the term of this contract, supplier represents that it is not currently engaged in, and agrees not to engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which this State can enjoy open trade.

9. Compliance with Ala. Act No. 2023-409.

In compliance with Ala. Act No. 2023-409, by signing this contract, Supplier provides written verification that Supplier, without violating controlling law or regulation, does not and will not, during the term of the contract engage in economic boycotts as the term “economic boycott” is defined in Section 1 of the Act. Under Section 2 of the Act, the written verification may be waived if the contracting governmental entity determines based on cost and quality factors that such a waiver is clearly in the best interest of the public.

10. Dispute Resolution In the event of any dispute between the parties arising from this solicitation and any agreement relating to purchases or leases resulting therefrom, senior officials of both parties shall meet and engage in a good faith attempt to resolve the dispute. Should that effort fail and the dispute involves the payment of money, supplier’s sole remedy is the filing of a claim with the Board of Adjustment of the State of Alabama. For any and all other disputes arising under the terms of this contract which are not resolved by negotiation, the parties agree to utilize appropriate forms of non-binding alternative dispute resolution including, but not limited to, mediation. Such dispute resolution shall occur in Montgomery, Alabama, utilizing where appropriate, mediators selected from the roster of mediators maintained by the Center for Dispute Resolution of the Alabama State Bar Association.

11. Cancellation A contract for supplies may be canceled by the Chief Procurement Officer, for justifiable cause, by giving the supplier thirty (30) days written notice. A supplier may request cancellation and the Chief Procurement Officer may grant the request, in his or her sole discretion, if performance is prevented by an act of God, act of War, order of legal authority, or other unavoidable circumstances not attributable to the fault or negligence of the supplier. Contracts for services may be cancelled for justifiable cause by the Chief Procurement Officer by giving the vendor at least 72 hours’ written notice. The burden of proof for such relief rests with the supplier. All correspondence pertaining to cancellation of a contract must be addressed to the Chief Procurement Officer with a copy to the using agency.

12. Sales Tax Exemption Pursuant to Section 40-23-4 (a)(11) of the Code of Alabama 1975, the State of Alabama is exempt from paying sales tax. An exemption letter will be furnished upon request.

13. No Indemnification Supplier acknowledges and agrees that, under the terms of this solicitation and agreements relating to purchases or leases resulting therefrom, the State is prohibited from indemnifying the supplier. The State does not agree to and will not indemnify the supplier for any reason. The State of Alabama does not release or waive, expressly or implied, the State of Alabama’s right to assert sovereign immunity or any other affirmative defense right it may have under law. The State of Alabama shall control the defense and settlement of any legal proceeding on behalf of the State, including the selection of attorneys.

14. Foreign Corporation – Alabama Secretary of State Registration Section 10A-1-7.01 to -7.14 of the Code of Alabama 1975 require a foreign entity (an out-of-state company/firm) to register with the Alabama Secretary of State’s Office before transacting business in the State.

15. Beason-Hammon Alabama Taxpayer and Citizen Protection Act As required by Section 31-13-9(k) of the Code of Alabama 1975, the supplier agrees to the following: “By signing this contract, the contracting parties affirm, for the duration of any agreement that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.”

Verification of enrollment in the E-Verify program will be required prior to any award to a supplier who employs one or more employees within the State of Alabama. Failure to provide documentation within 5 calendar days of notification will result in the rejection of the supplier’s response. To enroll in the E-Verify program visit https://www.e-verify.gov/

16. Conflict of Law If any provision of this solicitation and any subsequent award shall contravene any statute or Constitutional provision or amendment, either now in effect or which may, during the course of this agreement, be enacted, then that conflicting provision shall be deemed null and void.

17. Disclosure Statement Section 41-16-82 of the Code of Alabama 1975 requires the Vendor Disclosure Statement to be completed and filed with all proposals, bids, contracts, or grant proposals to the State of Alabama in excess of $5,000. In circumstances where a contract is awarded by competitive bid, the Statement shall be required only from the person receiving the contract and shall be submitted within ten (10) days of the award.

18. Certification Pursuant to Act No. 2006-557 Section 41-4-142 of the Code of Alabama 1975 (Act No. 2006-557) provides that every bid submitted and contract executed shall contain a certification that the supplier, supplier, and all of its affiliates that make sales for delivery into Alabama or leases for use in Alabama are registered, collecting, and remitting Alabama State and local sales, use, and/or lease tax on all taxable sales and leases into Alabama. By submitting this bid, the supplier is hereby certifying that they are in full compliance with Section 41-4-142, they are not barred from bidding or entering into a contract as a result and acknowledges that the awarding authority may declare the contract void if the certification is false.

19. Supplier Qualifications After opening, the State reserves the right to request written proof of qualifications including, but not limited to, manufacturer’s reseller authorization, professional licenses, certificates of insurance, etc. If requested, the State will provide a submission deadline date.

20. Pricing The State of Alabama reserves the right to conduct analysis based on cost realism and/or price reasonableness for any or all bids as determined necessary in the sole discretion of the Chief Procurement Officer. Such analysis may include requests pursuant to Section 41-4-141 of the Code of Alabama 1975.

21. Product Delivery, Receiving and Acceptance:

In accordance with the Universal Commerce Code (Title 7 of the Code of Alabama 1975), after delivery, the State of Alabama shall have the right to inspect all products before accepting. The State will inspect products in a reasonable timeframe. Signature on a delivery document does not constitute acceptance by the State. The State will accept products only after satisfactory inspection.

22. Invoices Inquiries concerning invoice payments are to be directed to the receiving agency.

23. Late Payments Penalty for agencies paying invoices late may not exceed the rate charged by State of Alabama Comptroller's Office per Section 41-16-3 of the Code of Alabama and as established by the Secretary of the Treasury under the authority of 26 U.S.C. §6621.

24. Electronic Payments Vendors must accept multiple forms of electronic payment at no additional cost to the State. Payment forms include but are not limited to state issued credit cards, P-cards, EFT or other forms of electronic payment.

25. Supplier Registration Suppliers may receive solicitation notices by registering for commodities at the Alabama Buys supplier portal, https://alabamabuys.gov.

26. Internet Website Links Internet and/or website links will not be accepted in responses as a means to supply any requirements stated in this solicitation.

27. Alternate Bid Response Unless stated elsewhere in this solicitation the State of Alabama will accept and evaluate alternate submittals on any solicitation provided the response meets all published requirements.

28. Solicitation Reponses and Results The complete solicitation file will be made available for review as provided by (or as outlined) in Section 41-4-115 of the Code of Alabama and Rule 355-4-1-.04 of the Department of Finance Administrative Code.

29. Exception to Terms and Conditions Suppliers may place any qualifications, exceptions, conditions, reservations, limitations, or substitutions in their response concerning the contract terms and conditions. However, the State is not obligated to accept any changes to the published terms and conditions of the solicitation.

30. Intent to Award The State of Alabama Office of the Chief Procurement Officer will issue an ‘Intent to Award’ before a final award is made. The ‘Intent to Award’ will continue for a period of fourteen (14) calendar days, after which the award will be final provided there are no protests. A detailed explanation of this process may be reviewed in the Alabama Administrative Code – Chapter 355-4-6-.01. All protest communications filed via email must be sent to: protests@purchasing.alabama.gov

31. Confidentiality Procurement information is a public record to the extent provided by state law and shall be available to the public. Alabama Code 41-4-115 defines what is exempt from disclosure. Additional rules are included in Sections 355-4-1-.03(4) and 355-4-1-.04 of the Alabama Department of Finance Administrative Code.

32. Click Wrap The State of Alabama acknowledges that additional terms between the supplier and the State or third-party terms may apply but does not agree to be bound by them unless provided for review and separately agreed to in writing by an authorized official of the State of Alabama. If the purchase or use of the supplies or services provided utilizes a computer interface, no State of Alabama end user shall be deemed to have agreed to any clause by virtue of it appearing in an “I agree” click box or other comparable mechanism (“click-wrap” or “browse-wrap”); rather the terms and conditions, such as End User License Agreements, may only be accepted by inclusion in an agreement and signature by an authorized official of the State of Alabama. If the terms and conditions or any other third-party terms and conditions are invoked through click wrap, execution by any unauthorized individual shall not bind the end user or the State of Alabama to such clause. Any clause which requires the State of Alabama to indemnify another party or clause which assigns jurisdiction to any state other than Alabama which is contained in such click-wrap is deemed to be stricken from the terms and conditions unless expressly agreed in writing and under the signature of an authorized individual.

33. Assignment Any contract which results from this solicitation shall not be assignable by supplier without written consent of the State of Alabama. Any assignment or other transfer in violation of this provision will be null and void.

34. Debarment and Suspension Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any governmental department or agency. If supplier cannot certify this statement, supplier must attach a written explanation for review by the Chief Procurement Officer.

35. Merit System Exclusion It is understood and agreed that supplier is an independent supplier and as such all services rendered by supplier and its agents and employees thereof shall be as an independent supplier and not as an employee, Merit or otherwise, of the State of Alabama, and supplier or its agents and employees thereof shall not be entitled to or receive Merit System benefits.

36. Severability In the event any provision of this solicitation or resulting contract shall not be enforceable, the remaining provisions shall continue in full force and effect.

37. Volume of Business Except as otherwise stated in this solicitation, the State of Alabama cannot and does not guarantee any volume of business.

38. Waiver The failure of the State of Alabama to require performance of any provisions of this solicitation or resulting contract shall not affect the State’s right to require performance at any time thereafter, nor shall a waiver of any breach or default constitute a waiver of any subsequent breach or default nor constitute a waiver of the provision itself.

By submitting a response, I hereby affirm the following:

I acknowledge receipt of the solicitation and all amendments (new rounds). I have read the solicitation and agree to furnish each item or service offered at the price quoted. I will comply with all terms and conditions contained within this solicitation. I have not been in any agreement of collusion among suppliers in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding. I further certify that I am not barred from bidding or entering into a contract and acknowledge that the contracting state agency may declare the contract void if this certification is false.