Standard Terms and Conditions for Commodities~1.pdf

Revised: 01/16/2018 Page 1 of 11

State of Nevada

Brian Sandoval

Department of Administration Governor

Purchasing Division Patrick Cates

Director 515 E. Musser Street, Suite 300

Carson City, NV 89701

Jeff Haag

Administrator

THE NEVADA STATE PURCHASING DIVISION

INVITATION TO BID TERMS AND CONDITIONS

1. REQUIREMENTS

1.1 A Nevada based business may apply for a five percent (5%) preference on its bid. A

Nevada based business is defined as a business which certifies that a „majority of goods provided for the contract are produced‟ in Nevada. The preference will be applied to the bid price. This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis. To claim this preference a business must submit a letter with its bid showing that it qualifies for the preference.

1.2 Bidders are especially cautioned to recheck bid prices for errors prior to submitting bid as changes in bid prices after opening date and hour of bid due to an error shall not be permitted or accepted. Bidder shall be required to furnish equipment at price or prices bid on or be penalized by being removed from bidder‟s list for a period of one year.

1.3 Equipment shall be new only; used, refurbished, demo, prototype or gray market equipment shall not be accepted.

1.4 Bidder is required to submit descriptive data or printed specifications describing items bidding. Failure to comply with this request may be cause for non-acceptance of bid.

1.5 Brand Names: Unless otherwise stated “No Exceptions”, brand names mentioned in these specifications are for reference only and are intended for the purpose of assisting in describing the need, use, and quality of the item. The contractor shall identify any alternate item(s) and it is the State‟s prerogative to either accept or reject any alternative item(s).

1.6 Proof, satisfactory to the State, shall be provided by bidder to show that any alternate article is equal to, or exceeds the bid specifications in design and performance. Complete and detailed comparative documentation for equipment other than requested in this solicitation is required to be submitted as an attachment with the bid. Equivalent items may be subject to performance testing.

1.7 For purposes of addressing questions concerning this solicitation, the sole contact shall be the Purchasing Division‟s designee. Upon issuance of this solicitation, employees and representatives of the agencies identified herein shall not answer questions or otherwise discuss the contents of this request with any prospective vendors or their representatives.

Failure to observe this restriction may result in disqualification of any bid. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

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2. PAYMENT

2.1 Prices offered in bids are an irrevocable offer for the term of the Notice of Award (NOA) / contract and any NOA/contract extensions.

2.2 The State generally pays within 30-45 days upon receipt of invoice and the using agency‟s approval. Per the State‟s policy and procedures, payments are not made prior to receipt of goods. Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment and services purchased under the provisions of this ITB electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

2.3 Prompt payment discount periods equal to (or greater than) 30 calendar days shall receive consideration and bid pricing shall be reduced (for evaluation purposes only) by the amount of that discount(s).

2.4 The price quoted is for the specified delivery, and, unless otherwise specified in the

NOA/Contract, is Free on Board (FOB) Destination (freight included) to the delivery address. FOB requires the seller to, at its own expense and risk, transport the goods to the destination and there tender delivery of them in the manner provided in NRS 104.2503.

(Refer to NRS 104.2319(1) (b); Uniform Commercial Code (UCC 2-319(1). Unless otherwise specified in the NOA/Contract, the price does not include applicable federal or

State sales, use, excise, processing or any similar taxes, or duty charges, which shall be paid by the State, or in lieu thereof, the State shall provide the Vendor with a tax exemption certificate acceptable to the applicable taxing authority. Unless otherwise specified in the NOA/Contract, payment shall be made in accordance with Nevada law to the Vendor.

2.5 The State requests Manufacturer‟s Suggested Retail Prices (MSRP) in effect at the time of bid submittal for internal statistical purposes.

2.6 Purchasing Card Acceptance

In an effort to streamline the purchasing and payment process, the State is encouraging agencies to use the state contracted purchasing card to facilitate small dollar purchases.

While at the present time it is not mandatory that contractors accept credit card purchases;

contractors are encouraged to consider this alternate payment process. The current card available for State agency use is a MasterCard product.

3. BID SOLICITATION, EVALUATION AND AWARD PROCESS

3.1 This procurement is being conducted in accordance with NRS Chapter 333 and NAC

Chapter 333.

3.2 Bids shall conform to all terms, conditions and specifications in this ITB.

3.3 Contractor agrees to comply with conditions of the Federal Occupational Safety and

Health Acts of 1970 (OSHA) as may be amended, and certifies that all items furnished and purchased under this order shall conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless purchaser from all damages assessed against purchaser as a result of Contractor‟s failure to comply with the

Revised: 01/16/2018 Page 3 of 11 acts and standards thereunder and for the failure of the items furnished under this order to so comply.

3.4 Pursuant to NRS Chapter 613 in connection with the performance of work under this

NOA/contract, the contractor agrees not to unlawfully discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation, apprenticeship.

The contractor further agrees to insert this provision in all subcontracts, hereunder, except subcontracts for standard commercial supplies or raw materials.

3.5 Every NOA/contract or order for goods shall be awarded to the lowest responsible bidder

(Refer to NRS 333.340(1)). To determine the lowest responsible bidder, the Purchasing

Division may consider:

3.5.1 The location of the using agency to be supplied;

3.5.2 The qualities of the articles to be supplied;

3.5.3 The total cost of ownership of the articles to be supplied;

3.5.4 The conformity of the articles to be supplied with the specifications;

3.5.5 The purposes for which the articles to be supplied are required; and

3.5.6 The dates of delivery of the articles to be supplied.

The Purchasing Division shall not be obligated to accept low bid, but shall make an award in the best interest of the State after all factors have been evaluated (Refer to NRS

333.300(2)).

3.5.7 When the advertisement for bids includes a statement that bids for alternative articles shall be considered, alternative articles shall be considered in as much as they are determined to:

3.5.7.1 Meet or exceed the specifications of the article listed in the original request for bids;

3.5.7.2 The purchase of the alternative article results in a lower price; and

3.5.7.3 The Administrator or designee deems the purchase of the alternative article to be in the best interests of the State.

3.6 For the purpose of awarding a formal NOA/contract solicited in accordance NRS

333.300(2), if

3.6.1 A local business owned and operated by a veteran with a service-connected disability submits a bid or proposal for a NOA/contract for which the estimated cost is more than $50,000 but no more than $250,000 and is a responsive and responsible bidder, the bid or proposal shall be deemed to be five (5%) percent lower than the bid or proposal actually submitted.

3.6.2 A local business owned and operated by a veteran with a service-connected disability which is determined to be 50 percent or more by the United States

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Department of Veterans Affairs submits a bid or proposal for a NOA/contract for which the estimated cost is more than $250,000 but less than $500,000 and is a responsive and responsible bidder, the bid or proposal shall be deemed to be five

(5%) percent lower that the bid or proposal actually submitted.

3.6.3 The preferences described above may not be combined with any other preference.

3.7 NRS 333.290 grants a preference to materials and supplies that can be supplied from a

“charitable, reformatory or penal institution of the State” that produces such goods or services through the labor of inmates. The Administrator reserves the right to secure these goods, materials or supplies from any such eligible institution, if they can be secured of equal quality and at prices not higher than those of the lowest acceptable bid received in response to this solicitation. In addition, NRS 333.410 grants a preference to commodities or services that institutions of the State are prepared to supply through the labor of inmates.

The Administrator shall apply the preferences stated in NRS 333.290 and 333.410 to the extent applicable.

3.8 Bids may be withdrawn by written or facsimile notice received prior to the ITB opening time. Withdrawals received after the ITB opening time shall not be considered except as authorized by NRS 333.350(3).

3.9 The State reserves the right to alter, amend, or modify any provisions of this ITB, or to withdraw this ITB, at any time prior to the award of an NOA/contract pursuant hereto, if it is in the best interest of the State to do so.

3.10 Any unsuccessful bidder may file an appeal in strict compliance with NRS 333.370.

3.11 The Legislature, the Supreme Court, the Nevada Wing of the Civil Air Patrol (NRS

333.469), the Nevada System of Higher Education (NRS 333.470) and local governments

(as defined in NRS 332.015) are intended third party beneficiaries of any NOA/contract resulting from this ITB and any local government may join or use any NOA/contract resulting from this ITB subject to all terms and conditions thereof pursuant to NRS

332.195. The State is not liable for the obligations of any local government which joins or uses any NOA/contract resulting from this ITB.

3.12 Vendors who enter into an NOA/contract with the State of Nevada and who sell tangible personal property in the State of Nevada are required to obtain a permit in accordance with

NRS 372.125, and required to collect and pay the taxes imposed by law on the sale of tangible personal property in this State.

3.13 When applicable, submission of a bid shall include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements, and the bidder‟s standard contract language. A review of these documents shall be necessary to determine if a bid is in the best interest of the State.

3.14 Subcontractor: Third party, not directly employed by the vendor, who shall provide goods and/or services identified in this ITB. This does not include third parties who provide support or incidental services to the vendor.

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3.15 Proprietary Information: Any trade secret or confidential business information that is contained in a bid submitted on a particular NOA/contract. Refer NRS 333.020(5) (a);

NRS 333.333.

3.16 Public Record: All books and public records of a governmental entity, the contents of which are not otherwise declared by law to be confidential must be open to inspection by any person and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Refer to NRS 333.333; NRS 600A.030(5).

3.17 Trade Secret: Information including, without limitation, a formula, pattern, compilation, program, device, method, technique, product, system, process, design, prototype, procedure, computer programming instruction or code that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the public or any other person who can obtain commercial or economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Refer to NRS 600A.030(5).

3.18 In accordance with NRS 333.350(1), a contract may be awarded for separate items, portions or groups of items in the best interests of the State, as required.

3.19 Vendor Authorization: By submitting a bid the Vendor is duly organized, validly existing, and in good standing under the appropriate laws with full power and authority to conduct the business that it presently conducts in the State of Nevada. The Vendor has the legal power and right to enter into and perform the Contract. Consummation of the transactions contemplated by the Contract shall not violate any provision of law, or any of the Vendors governing documents (articles of incorporation, partnership Contract, etc). Execution of the Contract and all documents provided for in the Contract by the Vendor and its delivery to the State have been duly authorized by the board of directors or managing agents of the

Vendor and no further action is necessary on the Vendor's part to make the Contract valid and binding on the Vendor in accordance with its terms. The Vendor has obtained all licenses and permits to perform all of its requirements under the Contract, and is current on all tax obligations to the State of Nevada or any other governmental entity in Nevada.

4. TERMS AND CONDITIONS FOR PURCHASE OF GOODS

4.1 Goods: As defined in NRS 104.2105, and as specifically identified in this ITB.

4.2 Purchase Order: Buyer-generated document that authorizes a purchase transaction. It sets forth the descriptions, quantities, prices, discounts, payment terms, date of performance or shipment, other associated terms and conditions, and identifies a specific seller. When accepted by the seller, it becomes a contract binding on both parties; also called order.

4.3 Incorporated Documents: The NOA/Contract shall consist of this ITB, any amendments to this ITB if applicable, the vendor‟s bid and all documentation contained therein, together with any subsequently issued purchase order(s) executed by a person with full power and authority to issue same on behalf of the State. A vendor‟s bid shall not contradict or supersede any State specifications, terms or conditions without written evidence of mutual assent to such change appearing in the NOA/Contract.

4.4 Notice: Unless otherwise specified, termination shall not be effective until thirty (30) calendar days after a party has served written notice of default, or without cause upon the other party. All notices or other communications required or permitted to be given under

Revised: 01/16/2018 Page 6 of 11 this NOA/Contract shall be in writing and shall be deemed to have been duly given if delivered via email, personally in hand, by telephonic facsimile, regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the other party at the address specified above.

4.5 TERMINATION:

4.5.1 Termination Without Cause: Any discretionary or vested right of renewal notwithstanding, this NOA/Contract may be terminated upon written notice by mutual consent of both parties or unilaterally by either party without cause.

4.5.2 State Termination for Nonappropriation: The continuation of the NOA/Contract beyond the current biennium is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the State

Legislature and/or federal sources. The State may terminate the NOA/Contract, and the Vendor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the

Contracting Agency‟s funding from State and/or federal sources is not appropriated or is withdrawn, limited, or impaired.

4.5.3 Cause Termination for Default or Breach: A default or breach may be declared with or without termination. The NOA/Contract may be terminated by either party upon written notice of default or breach to the other party as follows:

4.5.3.1 If the vendor fails to provide or satisfactorily perform any of the conditions, work, deliverables, goods, or services called for by the

NOA/Contract within the time requirements specified in the

NOA/Contract or within any granted extension of those time requirements; or

4.5.3.2 If any state, county, city or federal license, authorization, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by the vendor to provide the goods or services required by the NOA/Contract is for any reason denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not renewed; or

4.5.3.3 If the Vendor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the jurisdiction of the bankruptcy court; or

4.5.3.4 If the State materially breaches any material duty under the

NOA/Contract and any such breach impairs the vendor's ability to perform; or

4.5.3.5 If it is found by the State that any quid pro quo or gratuities in the form of money, services, entertainment, gifts, or otherwise were offered or given by the vendor, or any agent or representative of the vendor, to any officer or employee of the State of Nevada with a view toward securing an NOA/contract or securing favorable treatment with respect to awarding, extending, amending, or making any determination with respect to the performing of such NOA/contract; or

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4.5.3.6 If it is found by the State that the vendor has failed to disclose any material conflict of interest relative to the performance of the

NOA/Contract.

4.5.4 Time to Correct: Termination upon a declared default or breach may be exercised only after service of formal written notice as specified in Section 7.4, Notice and the subsequent failure of the defaulting party within fifteen (15) calendar days of receipt of that notice to provide evidence, satisfactory to the aggrieved party, showing that the declared default or breach has been corrected.

4.5.5 Winding Up Affairs Upon Termination: In the event of termination of the

NOA/contract for any reason, the parties agree that the provisions of this paragraph survive termination:

4.5.5.1 The parties shall account for and properly present to each other all claims for fees and expenses and pay those that are undisputed and otherwise not subject to set off under the NOA/Contract. Neither party may withhold performance of winding up provisions solely based on nonpayment of fees or expenses accrued up to the time of termination;

4.5.5.2 The Vendor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if so requested by the Contracting

Agency.

4.6 REPRESENTATIONS AND WARRANTIES:

The vendor represents and warrants to the State:

4.6.1 Bid Representations: All statements made by the vendor on any application, bid, proposal, offer, financial statement, or other document used by the vendor to induce the State to enter into the NOA/Contract are true, correct, complete, and omit no information which would render them misleading.

4.6.2 Use of Broker: The vendor agrees to indemnify the State from any damage, liability, or expense that it may suffer as a result of any claim of a broker or other finder with whom it is determined that the vendor has dealt in connection with the transactions contemplated under the NOA/contract.

4.6.3 Express Warranties: For the period specified in the NOA/Contract, Vendor warrants and represents each of the following with respect to any goods provided under the NOA/contract:

4.6.3.1 Fitness for Particular Purpose: The goods shall be fit and sufficient for the particular purpose set forth in the NOA/Contract.

4.6.3.2 Fitness for Ordinary Use: The goods shall be fit for the purpose for which goods of a like nature are ordinarily intended, it being understood that the purpose for the goods covered by the NOA/Contract are ordinarily intended for use in general government administration and operations.

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4.6.3.3 Merchantable, Good Quality, No Defects: The goods shall be merchantable, of good quality, and free from defects, whether patent or latent, in material and workmanship.

4.6.3.4 Conformity: The goods shall conform to the standards, specifications and descriptions set forth in the NOA/Contract. If the Vendor has supplied a sample to the State, the goods delivered shall conform in all respects to the sample and shall be identified by the word "sample" and

Vendor's name.

4.6.3.5 Uniformity: The goods shall be without variation, and shall be of uniform kind, quality, and quantity within each unit and among all units.

4.6.3.6 Packaging and Labels: The goods shall be contained, packaged, and labeled so as to satisfy all legal and commercial requirements applicable to use by a government agency, including without limitation, Occupational Safety and Health Administration material safety data sheets and shall conform to all statements made on the label.

4.6.3.7 Full Warranty: The foregoing warranties are "full" warranties within the meaning of the Magnuson-Moss Warranty -- Federal Trade

Commission Improvement Act, 15 U.S.C. 2301 et seq., and implementing regulations 16 C.F.R. pts. 700-703, if applicable to this transaction.

4.6.3.8 Title: The Vendor has exclusive title to the goods and shall pass title to the State free and clear of all liens, encumbrances, and security interests.

4.6.3.9 Infringement; Indemnity: The Vendor warrants the purchase or use of the goods shall not infringe upon any United States or foreign patent, and the Vendor shall indemnify the State against all judgments, decrees, costs, and expenses resulting from any alleged infringement and shall defend, upon written request of the State, at its own expense, any action which may be brought against the State, its vendees, lessees, licensees, or assignees, under any claim of patent infringement in the purchase or use of the Vendor's goods. If the State is enjoined from using such goods, the Vendor shall re-purchase such goods from the State at the original purchase price. The State shall notify the Vendor promptly in writing of any such suit. If the State compromises or settles any such suit without the written consent of the Vendor, the Vendor shall be released from the obligations of this paragraph and from any liability to the State under any statute or other rule of law.

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4.6.3.10 Usage of Trade; Course of Dealings; Implied Warranties: The Vendor shall be bound by any implied warranty that, at the time of execution of the NOA/Contract, prevails in the trade of government in the marketing area in and about the State of Nevada. The Vendor shall also be bound by any other implied warranty arising through course of dealings between the Vendor and the State from and after the execution of the

NOA/Contract. The Vendor shall also be bound by all warranties set forth in Nevada's Uniform Commercial Code (NRS Chapter 104) in effect on the date of issuance of the NOA/Contract.

4.6.3.11 Warranties Cumulative: It is understood that warranties created by the

NOA/Contract, whether express or implied, as well as all warranties arising by operation of law that affect the rights of the parties, are cumulative and may be construed in a manner consistent with one another.

4.6.3.12 Priority of Warranties: If it is held by a court of competent jurisdiction that there is an irreconcilable conflict between or among any of the warranties set forth in the NOA/Contract and any warranties implied by law, the parties agree that the specifications contained in the

NOA/Contract shall be deemed technical and mere language of description.

4.6.3.13 Beneficiaries of Warranties: Benefit of any warranty made in the

NOA/Contract shall be in favor of the State, any of its political subdivisions or agencies, employee or licensee thereof who uses the goods, and the benefit of any warranty shall apply to both personal injury and property damage.

4.7 Delivery, Inspection, Acceptance, Title, Risk of Loss: The Vendor agrees to deliver the goods as indicated in the NOA/Contract, and upon acceptance by the State, title to the goods shall pass to the State. The State shall have the right to inspect the goods on arrival and within a commercially reasonable time. The State shall give notice to the Vendor of any claim or damages on account of condition, quality, or grade of the goods, and shall specify the basis of the claim in detail. Acceptance of the goods described in the

NOA/Contract is not a waiver of UCC revocation of acceptance rights or of any right of action that the State may have for breach of warranty or any other cause. Unless otherwise stated above, risk of loss from any casualty, regardless of the cause, shall be on the Vendor until the goods have been accepted and title has passed to the State. If provided by the

Vendor, the State agrees to follow reasonable instructions regarding return of the goods.

4.8 No Arrival, No Sale: The NOA/Contract is subject to provisions of no arrival, no sale terms, but proof of shipment shall be given by the Vendor; each shipment to constitute a separate delivery. A variation of ten (10) days in time of shipment or delivery from that specified in the NOA/Contract does not constitute a ground for rejection. The State may treat any deterioration of the goods as entitling the State to the rights resulting from a casualty to the identified goods without regard to whether there has been sufficient deterioration so that the goods no longer conform to the NOA/Contract.

4.9 Breach, Remedies: Failure of either party to perform any obligation of the NOA/Contract shall be deemed a breach. In the event of a breach, the party asserting breach may, in addition to any remedies or rights afforded by Nevada law, cancel the NOA/Contract with

Revised: 01/16/2018 Page 10 of 11 respect to any executory obligations. All rights and remedies are cumulative with one another and with those provided by law, and exercise of one remedy or right is not a waiver of the right to pursue any other right or remedy afforded. Penalties provided under

Nevada law shall be limited to those in effect on the effective date of the NOA/Contract.

See NRS 333.365. Either party, as a prevailing party to any arbitration or other action regarding the enforcement of the NOA/Contract, is entitled to reasonable attorney‟s fees and costs. It is specifically agreed that reasonable attorneys' fees shall include without limitation One hundred twenty-five dollars ($125) per hour for State-employed attorneys.

The State may set off consideration against any unpaid obligation of the Vendor to any

State agency.

4.10 Limited Liability: The State shall not waive and intends to assert available NRS Chapter

41 liability limitations in all cases. NOA/Contract liability of both parties shall not be subject to punitive damages.

4.11 Waiver of Breach: A failure to assert any right or remedy available to a party under the

NOA/Contract, or a waiver of the rights or remedies available to a party by a course of dealing or otherwise shall not be deemed to be a waiver of any other right or remedy under the NOA/Contract, unless such waiver is contained in a writing signed by the waiving party.

4.12 Severability: If any provision contained in the NOA/Contract is held to be unenforceable by a court of law or equity, the NOA/Contract shall be construed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of the NOA/Contract unenforceable.

4.13 Assignment/Delegation: To the extent that any assignment of any right under the

NOA/Contract changes the duty of either party, increases the burden or risk involved, impairs the chances of obtaining the performance of the NOA/Contract, attempts to operate as a novation, or includes a waiver or abrogation of any defense to payment by State, such offending portion of the assignment shall be void, and shall be a breach of the

NOA/Contract. No duties of either party may be delegated without written consent by the other party, and any such consent does not in any way affect the liability of the delegating party, unless the writing so states.

4.14 Force Majeure: Neither party shall be deemed to be in violation of this NOA/Contract if it is prevented from performing any of its obligations hereunder due to strikes, failure of public transportation, civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God, including, without limitation, earthquakes, floods, winds, or storms. In such an event the intervening cause shall not be through the fault of the party asserting such an excuse, and the excused party is obligated to promptly perform in accordance with the terms of the NOA/Contract after the intervening cause ceases.

4.15 Governing Law; Jurisdiction: This NOA/Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of

Nevada, including, without limitation, Nevada's UCC (NRS Chapter 104) in effect on the date of the NOA/Contract. The parties consent to the jurisdiction and venue of the First

Judicial District Court, Carson City, Nevada for enforcement of the NOA/Contract.

4.16 Entire Agreement; Conflict with Other Documents: The NOA/Contract (including all incorporated attachments) is intended by the parties as the final expression of their agreement and is the complete and exclusive statement of the terms hereof. All prior

Revised: 01/16/2018 Page 11 of 11 agreements are superseded and excluded. Prices, quantities, dates, and places of deliveries and means of transportation may be fixed by attachments to the NOA/Contract. Except as previously stated, if any term in any incorporated attachment or in any Vendor's invoice contradicts or negates a term in the NOA/Contract, the NOA/Contract shall control. All amendments shall be in writing and signed by the parties.

4.17 In accordance with NRS 333.4611, the State of Nevada, Purchasing Division shall require the purchase of new appliances, equipment, lighting and other devices that use electricity, natural gas, propane or oil, have received the Energy Star label pursuant to the program established pursuant to 42 U.S.C. 6294a or its successor, or meet the requirements established pursuant to 48 C.F.R. 23.203. These standards do not apply insofar as: (a) No items in a given class have been evaluated to determine whether they are eligible to receive the Energy Star label or have been designated by the Federal Government to meet the requirements established pursuant to 48 C.F.R. 23.302 or (b) The purchase of these items that have received the Energy Star label would not be cost-effective in an individual instance, comparing the cost of the items to the cost of the amount of energy that shall be saved over the useful life of the item.

4.18 Term: In accordance with NRS 333.280, the Purchasing Division may enter into an

NOA/contract for the furnishing of goods for not more than two (2) years. The original terms of an NOA/contract may be extended annually thereafter if the conditions for extension are specified in this solicitation, and the Purchasing Division determines that an extension is in the best interest of the State.

4.19 Insurance: Automobile Liability, as stated below, is required only if the commodity is being delivered to the State by the vendor. If the commodity is being shipped by common carrier, automobile liability shall not be required. Vendor shall furnish the State with certificates of insurance (ACORD form or equivalent approved by the State) as required.

The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

4.19.1 Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000