Specific Terms and Conditions - EMA - JPS.docx

Specific Terms and Conditions

Award:

Award will be made "all or none” to the lowest responsible bidder meeting all specifications. The lowest responsible bidder will be determined by a mock invoice/matrix to be disclosed at bid opening.

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.

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.

· Line 1: Bidders are to enter a percent discount off list price in the “Unit Price” section of the item grid. Percentage discount can have up to two numbers after the decimal (Example: If you are bidding a 25.30% discount off list price, you will enter 25.30 in the “Unit Price” section).

· Line 2: Bidders are to enter price for training per day.

· Lines 3 & 4: Bidders are to enter price per license per year.

· Line 5: Bidders are to enter price as an hourly rate.

· Line 6: Bidders are to enter a percent discount off list price in the “Unit Price” section of the item grid. Percentage discount can have up to two numbers after the decimal (Example: If you are bidding a 25.30% discount off list price, you will enter 25.30 in the “Unit Price” section).

· Bidders may enter “NA” in the supplier part number section of the item grid for all lines.

Assignment of contract:

To assign, sublet or transfer any contract resulting from this solicitation, the vendor's written request must be approved by the Chief Procurement Officer.

Price Escalation:

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. Any proposed increases in labor and/or materials may not exceed increases in CPI (Consumer Price Index) for the same time period. 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.

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.

Quantity:

The exact quantity of each item is unknown. The Division of Procurement does not guarantee the State will buy any amount. Orders will be placed by the agency as needed and give complete shipping instructions.

Quote Requirement:

Once contract is awarded and active, all quotes requested from the agency shall include the list price and the discounted price, plus any freight-in, assembly, or delivery cost, if applicable, associated with the equipment purchase. Awarded Supplier may offer volume discounts for large quantity purchases.

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.

Freight:

Freight is F.O.B. destination. The contract supplier is liable for risk or loss or damage to the merchandise up to the destination.

Requested information:

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