Specific Terms and Conditions.docx

Specific Terms and Conditions

Pricing submission instructions:

Suppliers are required to enter a unit price and a supplier part number. If the part number is not applicable, you may enter “N/A” in this field. On the supplier portal page, click the link titled “Alabama Buys Supplier Support” to access training Quick Reference Guides to assist in the electronic submission process.

There will be a mandatory pre-bid conference with site visit for all suppliers bidding on this RFB.

Conference will be held:

DATE: 3/21/24

TIME: 2:00 pm

LOCATION:

ADPH Bureau of Clinical Laboratories 204 Legends Court Prattville, Alabama 36066

Award:

Award will be made “all or none” to the lowest responsible bidder meeting all specifications.

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 supplier's receipt of order, unless previously agreed upon from the ordering agency.

Liability Insurance:

Supplier must have a minimum of $1,000,000.00 liability coverage per occurrence with $2,000,000.00 aggregate and must be in effect for the contract period. Insurance certificate, or letter of intent to provide the amount of coverage from the insurance company must be submitted with the bid, or the bid will be rejected. Supplier is responsible for all losses/damages caused by its employees. Insurance certificate, when issued, must show the State of Alabama as the certificate holder.

Minimum Starting Hourly Pay Rate:

The minimum starting hourly pay rate for any security officers assigned to this contract shall be no less than $11.25 per hour for all non-overtime pay.

Price Increase:

At the renewal of each contract period, up to a 5% price increase may be allowed, if agreed upon by both the contract supplier and the Alabama Department of Public Health. The request for a price increase must have justifiable proof in writing and be submitted to the Alabama Department of Public Health sixty (60) days prior to renewal date. Justifiable proof may be copies of materials, fuel, or labor costs increase over the current year of the contract. Any price increase allowed will be based on a percentage difference of the current contract price in effect and must not exceed 5%. Any price resulting from an agreed upon increase, must be firm for the next 12-month period of the contract.

Indemnity: Contractor shall be fully liable for the actions of its agents, employees, officers, partners, and Subcontractors, and shall fully indemnify, defend, and save harmless the Division, Eligible Users, and the State of Alabama from all claims, losses, suits, actions, damages, and costs of every name and description arising out of Contractor’s performance of this Contract caused by any intentional act or negligence of Contractor, its agents, employees, officers, partners, or Subcontractors, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss, or damage arising hereunder due to the sole fault of the Division, Eligible Users, or the State of Alabama. The parties agree that if there are any limitations of the Contractor’s liability, including a limitation of liability clause for anyone for whom the Contractor is responsible, such limitations of liability will not apply to injuries to persons, including death, or to damages to property.

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.

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 contractor 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.

Quality of materials and labor:

Materials used that are not otherwise specified shall be the kind and quality consistent with the trade practice for such work and shall comply with all local codes. All labor shall be well experienced in this type work and it shall be completed in a professional manner.

Requested information:

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

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