Specific_Terms___Conditions.docx

Specific Terms and Conditions

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.

Award:

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

Unit of measure is “ea.” or each. the line items will be ordered by “Lot”

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.

Assignment of contract:

To assign, sublet or transfer any contract resulting from this solicitation, the vendor's written request must be approved by state purchasing director.

Delivery Time Frame:

All items ordered must be delivered to the “ship to” address shown on the PO (Purchase Order) within thirty (30) days of vendor’s receipt of order.

Freight:

Bid is F.O.B. destination. Any freight charges must be included in the bid prices.

Price Escalation Clause:

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. 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.

Default:

When a supplier defaults on a contract and/or purchase order, the State may procure the goods or services under the contract from other sources and the defaulting supplier shall be responsible for any additional costs incurred by the State for the procurement from other sources. The defaulting supplier may also be subject to suspension and/or debarment in accordance with the Code of Alabama or the State of Alabama Department of Finance Administrative Code.

Printing Overruns:

The State of Alabama will only pay for printing the exact quantity of the item(s) indicated herein. The State will not pay for any overruns, nor will it pay for more than the quantity actually delivered should the amount delivered be less than the amount originally ordered. The vendor may deliver any overrun and the State may accept the overrun. However, the overruns will be at "no charge" and the State will only pay for the amount originally ordered.

Materials, Supplies or Equipment:

All materials, supplies, or equipment being bid and delivered to the State shall be new, unused, of recent manufacture, first class in every respect and suitable for their intended purpose.

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.

Quantity:

The exact quantity of purchases for each item listed is not known. Quantity shown reflects estimated annual usage only. The Division of Purchasing does not guarantee that the state will buy any amount. Orders will be placed by DOT as needed and will give complete shipping instructions.

Samples:

Suppliers must submit a paper sample when bidding alternate paper or “equal. Samples must be mailed prior to bid being open with the supplier's name, bid number, line number, manufacturer's (packers) name, brand or label. Suppliers must contact the buyer at Division of Procurement before sending any samples.

Address:

100 North Union Street, Suite 192, Montgomery, Alabama, 36130

Requested information:

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

Questions:

Questions must be submitted through the vendor portal in Alabamabuys from the Discussions tab by 4/18/2025.