Terms & Conditions.pdf

Additional 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.

***Note: Suppliers will enter 0.00 in the unit price field of Line 4 (shipping/freight). This line will not be included in the evaluation, as it will become a quotable line upon award.

Awarded supplier must be fully registered and active in Alabama Buys.

Award:

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

Delivery:

Items are to be delivered to the “Governor Kay Ivey Correctional Complex”.

The exact quantities will be provided by the ordering agency. There are no minimum order requirements. Agency may order as few as one of any items listed on the contract. The state does not guarantee any amount will be purchased from this contract.

All items ordered must be delivered to the “ship to” address shown on the PO within 30 days of supplier’s receipt of the order unless previously agreed upon by the ordering agency. The delivery timeframe may be extended on large orders, but the supplier must provide valid justification to agency at time of quotation.

Contract Period:

The resulting contract(s) will have an initial 12-month term with an option to extend for a second, third, fourth, and fifth 12-month term with the same minimum discounts, maximum markups, and terms & 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 term expires. Each successive extension must have written approval of both the state and the supplier, no later than 30 days prior to the expiration of the previous 12-month term. Contracts with low usage will be subject to non-renewal.

Business reviews may be required during contract period at discretion of Division of Procurement.

Market Pricing:

Market price readily available to the public at large is the current, transparent, and verifiable price at which an asset, good, or service can be bought or sold in an active, open market at the time of purchase. It represents the price openly available on supplier’s website or other public sales channel without membership or negotiated access.

The awarded minimum discount percentage shall remain firm throughout the term of the contract. The State reserves the right to verify pricing at any time and require supporting documentation.

The discount percentage represents the minimum discount to be applied. Higher discounts can be applied to any transaction.

The State shall receive the lowest of:

(1) awarded discount price,

(2) any lower publicly available price offered by the awarded supplier, or

(3) any promotional price offered to the general public by the awarded supplier.

The State shall never pay more than the Market price readily available to the public at large less awarded discount.

Base pricing may not be increased to offset contracted discount amounts.

Unless expressly authorized, hidden or undisclosed fees are prohibited.

Pricing will be subject to compliance audits at the Division of Procurement’s discretion.

Supplier negligence or inability to perform or meet specifications may be reviewed for impacts to responsibility status as defined in Code of Alabama 1975, §41-4-130 at the discretion of the Chief Procurement Officer.

Questions:

Questions must be submitted through the supplier portal in Alabama Buys from the Discussions tab by Wednesday, June 24, 2026.

Scheduling of Deliveries to ADOC Only:

Alabama Department of Corrections (ADOC) Requirements No deliveries are accepted on weekends or State holidays. Deliveries arriving at inappropriate times, as determined by the Warden of the facility, are subject to be delayed and may be refused at the Warden’s discretion. Re-delivery at an appropriate time will be at Supplier’s expense.

Upon arrival at the ADOC facility, Supplier is responsible for unloading product from the delivery vehicle, ADOC is responsible for moving the product once it has been unloaded.

Most Favored Customer:

If, during the term of the contract, the Supplier offers lower pricing or more favorable terms to another governmental or commercial customer for comparable items or services, the Supplier shall immediately extend the same pricing or terms to the State.

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.

Descriptive Literature:

The brands and model numbers referenced provide a level of quality, and unless otherwise specified, are not restrictive. Vendors bidding alternate items must provide complete descriptive/technical literature for consideration and evaluation with their bid, as required by the RFB submission instructions. Reference to literature with a previous bid will not satisfy this requirement. Failure to provide the required literature may result in the rejection of the bid response.

New Equipment:

All equipment, parts, and consumable items provided by the supplier as part of the fulfillment of the resulting contract must be new, unused, and eligible for full manufacturer warranty. Equipment and parts provided cannot be reconditioned, remanufactured, or refurbished in any manner and cannot have been used in any capacity, outside of factory testing and transport. Demo units are only acceptable upon full disclosure to and written acceptance by the using agency and when provided with a full factory warranty.

Quantity:

The exact quantity of purchases for each item listed is not known. Any quantity shown reflects estimated usage only. The Division of Procurement does not guarantee that any purchases will be made against resulting contract(s). Orders will be placed by agencies and other governmental entities as needed.

Warranty Information:

Equipment shall be warranted per standard manufacturer’s warranty. Warranty shall commence on the date the equipment is put into service by the using agency. The Supplier shall act as the intermediary to initiate, manage, and facilitate all warranty claims with the manufacturer on behalf of the State.

Requested information:

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