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STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
Page 1 of 14
STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
State of Arkansas
OFFICE OF STATE PROCUREMENT
1509 West 7th Street, Room 300
Little Rock, AR 72201-4222
REQUEST FOR QUOTATION
Bid Number: DRAFT 01
Buyer: Howard Nesmith
Commodity: Groceries
Bid Opening Date: May
Date:
Bid Opening Time:
MAILING ADDRESS AND BID OPENING LOCATION:
Office of State Procurement
1509 West Seventh Street, Room 300
Little Rock, AR 72201-4223
THIS IS A FORMAL SEALED BID. FAXED BIDS CANNOT BE
ACCEPTED BY THE OFFICE OF STATE PROCUREMENT UNTIL
ABOVE. THE BID ENVELOPE MUST BE SEALED AND SHOULD
REFERENCED TRACKING NUMBER, DATE, AND HOUR OF BID
RETURN ADDRESS. IT IS NOT NECESSARY TO RETURN “NO
IN INK. UNSIGNED BID WILL NOT BE CONSIDERED.
ACCEPTED. BIDS WILL BE
THE TIME AND DATE SPECIFIED
BE PROPERLY MARKED WITH THE
OPENING AND THE BIDDER’S
BIDS”. BID MUST BE SIGNED
BIDDER COMPANY NAME
CONTACT NAME/TITLE (PRINT)
ADDRESS
SIGNATURE IN INK
PHONE#
FAX#
EMAIL
FEDERAL ID OR SS#
FAILURE TO PROVIDE TAXPAYER IDENTIFICATION NUMBER MAY RESULT IN BID REJECTION
Business Designation (check one):
___ Public Service Corporation
___ Government/Nonprofit
___ Individual
___ Partnership
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___ Sole Proprietorship
___ Corporation
STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
DELIVERY OF BID:
Vendors are responsible for delivery of their bid documents to the Office of
State Procurement (OSP) prior to the scheduled time for opening of the
particular bid. When appropriate, vendors should consult with delivery
providers to determine whether the bid documents will be delivered to the OSP
office street address prior to the scheduled time for bid opening. Delivery
providers, USPS, UPS, FedEx, DHL, deliver mail to our street address, 1509 W.
7th Street, Room 300, Little Rock, AR 72201-4223, on a schedule determined by
each individual provider. These providers will deliver to our offices based
solely on our street address.
NOTICE TO BIDDERS:
Bids are posted on the Office of State Procurement(OSP) web site:
www.arkansas.gov/dfa/procurement/pro_index.html
The bid worksheet is in Microsoft Excel format only. Prior to the bid opening
date, vendors must submit one (1) signed signatory sheet showing vendors
company name, address and signature, one (1) electronic version of the bid
worksheet on CD or Floppy disc, one (1) hardcopy of each Zone (Zone tabs) the
vendor is providing a bid for, one(1) copy of the Disclosure Forms
(Disclosure Form tab), and one (1) copy of the vendor’s Equal Opportunity
Policy. The hardcopy should be a print out from the electronic version of
the worksheet to be submitted by the vendor for this bid solicitation. It is
the vendor's responsibility to package and protect the CD or Floppy from
being damaged. If the Office of State Procurement requests additional copies,
they must be delivered within twenty-four (24) hours from notification of the
request.
The vendor tabulation workbook pricing document is in Microsoft Excel format.
To submit a bid on a particular Zone(s) and line items, fill out all required
information on that line item in the pricing workbook. ONLY BIDS THAT ARE
SUBMITTED ON A CD OR FLOPPY DISK ALONG WITH THE COMPLETED HARD COPY OF THE
BID WILL BE ACCEPTED. FAILURE TO PROVIDE A FLOPPY DISK OR CD WITH BID WILL
RESULT IN A REJECTION OF BID.
DO NOT ALTER THE WORKBOOK FORMAT IN ANY WAY. ANY ALTERATIONS WILL RESULT IN
A REJECTION OF THE BID. ONLY PROVIDE REQUIRED INFORMATION IN THEIR
APPROPRIATE POSITION.
SCOPE OF BID:
This is a Request for Quotation for
Using agencies are listed; however,
from this contract. If this occurs,
sell to that agency at the contract
Groceries for a two (2) year period.
an agency not listed may wish to purchase
the contractor will have the option to
price.
The Office of State Procurement objects to and shall not consider any
additional terms or conditions submitted by a bidder, including any appearing
in documents attached as part of a bidder’s response. In signing and
submitting its bid, a bidder agrees that any additional terms or conditions,
whether submitted intentionally or inadvertently, shall have no force or
effect. Failure to comply with terms and conditions, including those
specifying information that must be submitted with a bid, shall be grounds
for rejecting a bid.
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STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
ALTERATION OF ORIGINAL DOCUMENTS:
The original written or electronic language of the RFQ/RFP shall not be
changed or altered except by approved written addendum issued by the Office
of State Procurement. This does not eliminate an Offeror from taking
exception(s) to these documents, but does clarify that the Offeror cannot
change the original document’s written or electronic language. If the Offeror
wishes to make exception(s) to any of the original language, it must be
submitted by the Offeror in separate written or electronic language in a
manner that clearly explains the exception(s). If Offeror’s/Contractor’s
submittal is discovered to contain alterations/changes to the original
written or electronic documents, the Offeror’s response may be declared as
“non-responsible” and the response shall not be considered.
EQUAL EMPLOYMENT OPPORTUNITY POLICY:
In compliance with Act 2157 of 2005, the Office of State Procurement is
required to have a copy of the bidder’s Equal Opportunity Policy prior to
issuing a contract award. EO Policies may be submitted in electronic format
to the following email address: [email protected] or as a hard
copy accompanying the bid response. The Office of State Procurement will
maintain a file of all vendor EO policies submitted in response to
solicitations issued by this office. The submission is a one time requirement
but vendors are responsible for providing updates or changes to their
respective policies and of supplying EO policies upon request to other state
agencies that must also comply with this statue. Vendors that do not have an
established EO policy will not be prohibited from receiving a contract award,
but are required to submit a written statement to that effect.
MINORITY BUSINESS POLICY:
It is the policy of the State of Arkansas that minority business enterprises
shall have the maximum opportunity to participate in the state purchasing
process. Therefore, the State of Arkansas encourages all minority businesses
to compete for, win and receive contracts for goods, services, and
construction. The state also encourages all companies to subcontract
portions of any state contract to minority business enterprises.
ACA 1-2-503 “Minority” defined:
For terms of Arkansas law, “minority” means black or African American,
Hispanic American, American Indian or Native American, Asian, and Pacific
Islander. Any business claiming minority business status must be registered
with the Arkansas Department of Economic Development, Division of Minority
Business Enterprise in accordance with Act 1456 of 2003.
PAST PERFORMANCE:
In accordance with provisions of The State Procurement Law, R7: 19-11-229
Competitive Sealed Bidding – Bid Evaluation paragraph (E)(i) & (ii):
a
vendor’s past performance with the state may be used in the evaluation of any
offer made in response to this solicitation. The past performance should not
be greater than three years old and must be supported by written
documentation on file in the Office of State Procurement at the time of the
bid opening.
Documentation may be in the form of either a written or
electronic report, VPR; memo, file or any other appropriate authenticated
notation of performance to the vendor files.
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STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
ADDENDUMS:
Bidders are cautioned to ensure that they have received or obtained and
responded to any and all amendments to the bid prior to submission.
PRICING:
Bid prices must be in US currency and bid must be in English language. Award
prices are based on the unit price and are to be no greater than two (2)
decimal points. In the event a price is greater that two (2) decimals the
price will be rounded to the nearest penny.
ANTICIPATION OF AWARD:
After complete evaluation of the bid or proposal, the anticipated award will
be posted on the OSP website:
http://www.arkansas.gov/dfa/procurement/pro_index.html
and/or the legal section of a newspaper of statewide circulation. The purpose
of the posting is to establish a specific time in which vendors and agencies
are aware of the anticipated award. The bid results will be posted for a
period of fourteen (14) days prior to the issuance of any award. Vendors and
agencies are cautioned that these are preliminary results only, and no
official award will be issued prior to the end of the fourteen day posting
period. Accordingly, any reliance on these preliminary results is at the
agency’s/vendor’s own risk.
The Office of State Procurement reserves the right to waive this policy, the
Anticipation to Award, when it is in the best interests of the State.
Vendors are responsible for viewing the Anticipation to Award section of the
OSP web site at: http://www.arkansas.gov/dfa/procurement/pro_intent.php
CONTRACT PERIOD:
This is a two (2) year contract, effective July 1, 2006 through June 30,
2008.
SUMMARY REPORTS
Awarded vendors will be required to report on purchases made by item number,
brand, pack/size, quantity, and agencies. This report must be sent to the
Office of State Procurement by October 1, 2007 to cover orders placed during
the first 12 months of this contract.
A second report, covering orders for the second period of this contract, will
be required by October 1, 2008, after contract expiration. Both reports
should be sent to the attention of Howard Nesmith, Buyer.
MANDATORY USAGE
This contract is mandatory for the agencies listed in this document and it
shall be up to the successful contractors to extend cooperative participation
to other state agencies not listed.
GENERAL:
Bidder must state brand name and pack on applicable items or bid will be
rejected.
Failure to bid in unit of measure requested may result in rejection of bid.
Pack or weight, if different from requested size must be clearly indicated
and is subject to approval by using agency.
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STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
QUANTITIES:
Quantities represented herein are estimates only for one (1) year and should
not be construed as maximum or minimum requirements. Quantities are accurate
to the best of our ability, but do not represent a minimum or maximum
requirement. User agency population fluctuations may effect the total
requirements for each line item.
SAMPLES:
The State reserves the right to request sample(s) as bid, on any or all items
listed in the Request for Quotation. The sample submitted must be the exact
item bid, and it must conform to the bid specifications for the specific line
item. All samples, if requested, must be sent to the Office of State
Procurement within seven (7) working days after notification. They shall be
marked with our bid item number and the Nutrition Center code if provided.
They shall have the vendor name and product information attached to each
sample. All samples shall be submitted at no cost to the State. Samples will
be evaluated for consistency, flavor, texture, yield and color. If the sample
does not meet specification or found unacceptable, the award will not be made
to that bidder. Failure to submit sample upon request may be cause for
disqualification for that line item, or for the bid in its entirety. If
tested, the vendor will be responsible for the cost of evaluation of test.
SPECIFICATIONS:
Agency receiving personnel shall check all products when delivered and notify
the Office of State Procurement, Attn: Howard Nesmith, Buyer if they do not
conform to specifications. Arrangements may be made for a State or Federal
Inspector to examine the product to verify nonconformance.
Drain weights, minimum weights for the items listed in the proposal shall
conform to those specified in the applicable current federal standard for
grade for the product.
PRIVATE LABEL PRODUCTS WILL NOT BE ACCEPTED WHEN SPECIFIC BRANDS HAVE BEEN
REQUESTED. PACKER BRAND IS NOT ACCEPTABLE AS SPECIFYING BRAND NAME.
No distressed or salvaged food will be accepted.
All products delivered shall be from the latest season’s pack. All products
will be delivered in first-class condition. No damaged cans or bags will be
accepted. Damaged packages, i.e., torn, crushed or otherwise exposed to the
elements or damaged in a manner so as to lose eye appeal will be refused.
Contractor will be responsible for replacement of any item so refused.
SHELF LIFE OF FOOD:
SIX MONTHS – Powdered milk, dried fruit and vegetables and crackers.
ONE YEAR – Canned condensed meat and vegetable soups, canned fruits, fruit
juice and canned vegetables, peanut butter, jelly, nuts.
All other items must have a 60-day shelf life from the time of delivery.
METHOD OF AWARD:
Awards will be based on lowest price per ounce or pound. Bidders should bid
as near as possible to the package size requested on commercial products. All
alternate packaging is subject to agency approval. Bidders must complete all
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STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
pricing requested on the bid. The State reserves the right to make awards by
item; to reject any or all Bids and to reject any one or more items or part
of the bid.
AWARDS WILL BE MADE BY ZONE. WITHIN THE ZONES SOME GROUPING OF ITEMS WILL BE
AWARDED “ALL OR NONE” WHERE INDICATED.
BIDDER MUST BID BY LINE ITEM OR GROUPING AS INDICATED; BIDS FOR GROUPING
OTHER THAN AS SPECIFIED WILL BE REJECTED.
TERMINATION OF CONTRACT:
In case of breach of contract, the Office of State Procurement reserves the
right to terminate the line item in question of the contract. The Office of
State Procurement may give the contractor an opportunity to cure the breach
or explain how the breach is to be cured. This must be done within seven (7)
working days after notification in writing detailing the contractors handling
to cure the breach. If the contractor fails to cure the breach, the Office of
State Procurement will issue a notice terminating the line item of the
contract immediately.
AUTHORIZATION FOR SHIPMENT:
Purchase order from the using agency will authorize shipment. Orders from the
agency shall be placed with the vendor seven (7) days prior to the specified
delivery date.
PACKAGING/TRANSPORTING:
Products delivered shall be processed and packed in accordance with good
commercial practice and shall conform to all applicable standards promulgated
under the Federal Food, Drug and Cosmetic Act in effect at time of shipment.
Shipping cases shall be plainly marked on one end describing name and brand
of product, quantity and weight of cartons.
DELIVERY:
DELIVERY IS F.O.B. DESTINATION PREPAID FREIGHT – INSIDE DELIVERY, AS
SPECIFIED ON AGENCY PURCHASE ORDER TO VARIOUS FOB POINTS AS LISTED IN BID.
All transportation expenses will be the responsibility of the contractor.
DELIVERY REQUIREMENTS:
The contractor shall deliver products in accordance with the contracted
delivery times stated herein to the state agency upon receipt of an
authorized order. Delivery shall include unloading shipments at the state
agency’s dock or other designated unloading site as requested by the state
agency.
Some agency’s have special limitations as to truck size, delivery dock and
material handling capabilities that must be adhered to. Such special
instructions will be indicated on the agency’s purchase order. Actual
examples of limitations include but are not limited to: Southeast Arkansas
Community Corrections, Pine Bluff, AR has no delivery dock; Omega Center,
Malvern, AR can not accept trucks larger than 48 foot; Arkansas School for
the Blind, Little Rock, AR has no delivery dock, inside delivery location
below ground level with very limited usage of elevator.
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STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
“Working days” shall be defined as Monday thru Friday of each week exclusive
of all official State holidays.
All deliveries must be coordinated with the state agency. Vendors unable to
make scheduled deliveries for any reason shall notify recipient agency in
advance (preferably 24 hours, if possible) of delivery schedule problems.
All purchase orders received on the last day of the contract must be shipped
at the contract price.
Any item listed herein that is not delivered in a timely manner or when
delivered does not conform to the requirements of the purchase order, may be
purchased on the open market by the using agency. The contract vendor may be
charged for any product cost incurred by the state that is in excess of the
contracted price.
Damaged packages, i.e., torn, crushed or otherwise exposed to the elements or
damaged in a manner so as to lose eye appeal will be refused. Contractor will
be responsible for replacement of any item so refused.
REIMBURSEMENT FOR DAMAGED (UNUSABLE) PRODUCTS:
All returns, such as dented cans, broken cases or unusable product shall be
picked up by the vendor within thirty days. After thirty days the agency may
discard product. If replacement or credit is not made within thirty (30) days
the credit will be deducted from the vendor’s unpaid invoice.
PRICE ESCALATION:
For the initial contract all prices quoted shall be firm through December 31,
2006.
As an alternative to the provisions in Item #4 “PRICES” of the RFQ/RFP
Standard Terms and Conditions, an opportunity for item(s) price escalation
will be allowed during the term of contract.
It should be noted that item(s) price decrease will be accepted at any time
during the contract period.
During the term of this contract the opportunity for item(s) price increases
will be made available once every 6 months. The vendor must submit a written
request for price increases during the time frame as outlined below for their
effectiveness date to the Office of State Procurement, Attn: Howard Nesmith,
Buyer.
For price changes effective January 1, 2007 through June 30, 2007 requests
must be submitted between December 1, 2006 through December 15, 2006.
For price changes effective July 1, 2007 through December 31, 2007 requests
must be submitted between June 1, 2007 through June 15, 2007.
For price changes effective January 1, 2008 through June 30, 2008 requests
must be submitted between December 1, 2007 through December 15, 2007.
Price increase requests shall be supported by commodity price index
documentation from an independent and industry accepted market report. The
Producer Price Index, the Food Institute Report and Supply and Market Report,
among others, are recognized as acceptable price index sources. Commodity
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STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
pricing and futures can also be used when documentation includes the bid
opening date as a base period. A price increase from your supplier alone is
not sufficient documentation.
In the event of a State or National Emergency, Natural Disaster or Weather
Phenomenon price increase requests supported as above or by State or Federal
Executive Order will be considered.
Note: Vendors shall not delay or stop deliveries pending price change
approval. Price changes will be effective on items with an order date after
the effectiveness date. The order date is the date of the State issued
purchase order to the vendor. Items that have an order date prior to the
newest effectiveness date will be invoiced at the current effective price on
the date of the purchase order regardless of when delivery is accepted.
The State reserves the right to reject any price adjustment request within 30
days of the request. No further requests for item price increase adjustment
shall be considered. If the price change is not acceptable due to any reason,
price will then be negotiated with the Office of State Procurement.
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STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
THE AGENCIES ARE AS FOLLOWS:
ZONE 1
ZONE 2
L
Human Development Center
Booneville Unit
Hwy. 116 South
Booneville, AR 72927
Human Development Center
Alexander Unit
Alexander, AR 72002
M
Human Development Center
4701 Colony Drive
Jonesboro, AR 72401
D
School for the Blind
2600 W. Markham
Little Rock, AR 72205
W
Northeast Arkansas
Community Correction Center
1351 Cyro Road
Osceola, AR 72370
E
School for the Deaf
2400 W. Markham
Little Rock, AR 72205
J
Human Development Center
Conway Unit
Siebenmorgan Road
Conway, AR 72032
P
Human Development Center
Warren Unit
#1 Center Circle
Warren, AR 71671
K
Hot Springs Rehab. Center
105 Reserve
Hot Springs, AR 71902
T
Southeast Arkansas
Community Correction Ctr.
7301 West 13th
Pine Bluff, AR 71602
R
Human Development Center
Arkadelphia Unit
Hwy. 390 (Caddo Valley)
Arkadelphia, AR 71923
U
Central Arkansas
Community Correction Ctr.
4823 West 7th
Little Rock, AR 72204
S
Arkansas Law Enforcement
Training Academy
East Camden, AR 71701
X
Omega Center
104 Walco Lane
Malvern, AR 72104
V
Southwest Arkansas
Community Correction Center
506 Walnut
Texarkana, AR 71854
A
Arkansas Department of Correction
Warehouse Dist.
7600 Correction Circle
Pine Bluff, AR 71601
B
Arkansas Health Center
6701 Hwy 67
Benton, AR 72015
C
ZONE 3
ZONE 4
ZONE 5
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STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
RFQ/RFP STANDARD TERMS AND CONDITIONS
1. GENERAL: Any special terms and conditions included in the invitation for
bid override these standard terms and conditions. The standard terms and
conditions and any special terms and conditions become part of any contract
entered into if any or all parts of the bid are accepted by the State of
Arkansas.
2. ACCEPTANCE AND REJECTION: The state reserves the right to accept or
reject all or any part of a bid or any and all bids, to waive minor
technicalities, and to award the bid to best serve the interest of the state.
3. BID SUBMISSION: Bids must be submitted to the Office of State Procurement
on this form, with attachments when appropriate, on or before the date and
time specified for bid opening. If this form is not used, the bid may be
rejected. The bid must be typed or printed in ink. The signature must be in
ink. Unsigned bids will be disqualified. The person signing the bid should
show title or authority to bind his firm in a contract. Each bid should be
placed in a separate envelope completely and properly identified. Late bids
will not be considered under any circumstances.
4. PRICES: Quote F.O.B. destination. Bid the unit price. In case of errors
in extension, unit prices shall govern. Prices are firm and not subject to
escalation unless otherwise specified in the bid invitation. Unless otherwise
specified, the bid must be firm for acceptance for thirty days from the bid
opening date. "Discount from list" bids are not acceptable unless requested
in the bid invitation.
5. QUANTITIES: Quantities stated in term contracts are estimates only, and
are not guaranteed. Bid unit price on the estimated quantity and unit of
measure specified. The state may order more or less than the estimated
quantity on term contracts. Quantities stated on firm contracts are actual
requirements of the ordering agency.
6. BRAND NAME REFERENCES: Any catalog brand name or manufacturer's reference
used in the bid invitation is descriptive only, not restrictive, and used to
indicate the type and quality desired. Bids on brands of like nature and
quality will be considered. If bidding on other than referenced
specifications, the bid must show the manufacturer, brand or trade name, and
other descriptions, and should include the manufacturer's illustrations and
complete descriptions of the product offered. The state reserves the right
to determine whether a substitute offered is equivalent to and meets the
standards of the item specified, and the state may require the bidder to
supply additional descriptive material. The bidder guarantees that the
product offered will meet or exceed specifications identified in this bid
invitation. If the bidder takes no exception to specifications or reference
data in this bid he will be required to furnish the product according to
brand names, numbers, etc., as specified in the invitation.
7. GUARANTY: All items bid shall be newly manufactured, in first-class
condition, latest model and design, including, where applicable, containers
suitable for shipment and storage, unless otherwise indicated in the bid
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STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
invitation. The bidder hereby guarantees that everything furnished hereunder
will be free from defects in design, workmanship and material, that if sold
by drawing, sample or specification, it will conform thereto and will serve
the function for which it was furnished. The bidder further guarantees that
if the items furnished hereunder are to be installed by the bidder, such
items will function properly when installed. The bidder also guarantees that
all applicable laws have been complied with relating to construction,
packaging, labeling and registration. The bidder's obligations under this
paragraph shall survive for a period of one year from the date of delivery,
unless otherwise specified herein.
8. SAMPLES: Samples or demonstrators, when requested, must be furnished free
of expense to the state. Each sample should be marked with the bidder's name
and address, bid number and item number. If samples are not destroyed during
reasonable examination they will be returned at bidder's expense, if
requested, within ten days following the opening of bids. All demonstrators
will be returned after reasonable examination.
9. TESTING PROCEDURES FOR SPECIFICATIONS COMPLIANCE: Tests may be performed
on samples or demonstrators submitted with the bid or on samples taken from
the regular shipment. In the event products tested fail to meet or exceed
all conditions and requirements of the specifications, the cost of the sample
used and the reasonable cost of the testing shall be borne by the bidder.
10. AMENDMENTS: The bid cannot be altered or amended after the bid opening
except as permitted by regulation.
11. TAXES AND TRADE DISCOUNTS: Do not include state or local sales taxes in
the bid price. Trade discounts should be deducted from the unit price and
the net price should be shown in the bid.
12. AWARD: Term Contracts: A contract award will be issued to the
successful bidder. It results in a binding obligation without further action
by either party. This award does not authorize shipment. Shipment is
authorized by the receipt of a purchase order from the ordering agency. Firm
Contracts: A written state purchase order authorizing shipment will be
furnished to the successful bidder.
13. LENGTH OF CONTRACT: The invitation for bid will show the period of time
the term contract will be in effect.
14. DELIVERY ON FIRM CONTRACTS: The invitation for bid will show the number
of days to place a commodity in the ordering agency's designated location
under normal conditions. If the bidder cannot meet the stated delivery,
alternate delivery schedules may become a factor in an award. The Office of
State Procurement has the right to extend delivery if reasons appear valid.
If the date is not acceptable, the agency may buy elsewhere and any
additional cost will be borne by the vendor.
15. DELIVERY REQUIREMENTS: No substitutions or cancellations are permitted
without written approval of the Office of State Procurement. Delivery shall
be made during agency work hours only 8:00 a.m. to 4:30 p.m., unless prior
approval for other delivery has been obtained from the agency. Packing
memoranda shall be enclosed with each shipment.
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STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
16. STORAGE: The ordering agency is responsible for storage if the
contractor delivers within the time required and the agency cannot accept
delivery.
17. DEFAULT: All commodities furnished will be subject to inspection and
acceptance of the ordering agency after delivery. Back orders, default in
promised delivery, or failure to meet specifications authorize the Office of
State Procurement to cancel this contract or any portion of it and reasonably
purchase commodities elsewhere and charge full increase, if any, in cost and
handling to the defaulting contractor. The contractor must give written
notice to the Office of State Procurement and ordering agency of the reason
and the expected delivery date. Consistent failure to meet delivery without
a valid reason may cause removal from the bidders list or suspension of
eligibility for award.
18. VARIATION IN QUANTITY: The state assumes no liability for commodities
produced, processed or shipped in excess of the amount specified on the
agency's purchase order.
19. INVOICING: The contractor shall be paid upon the completion of all of
the following: (1) submission of an original and the specified number of
copies of a properly itemized invoice showing the bid and purchase order
numbers, where itemized in the invitation for bid, (2) delivery and
acceptance of the commodities and (3) proper and legal processing of the
invoice by all necessary state agencies. Invoices must be sent to the
"Invoice To" point shown on the purchase order.
20. STATE PROPERTY: Any specifications, drawings, technical information,
dies, cuts, negatives, positives, data or any other commodity furnished to
the contractor hereunder or in contemplation hereof or developed by the
contractor for use hereunder shall remain property of the state, be kept
confidential, be used only as expressly authorized and returned at the
contractor's expense to the F.O.B. point properly identifying what is being
returned.
21. PATENTS OR COPYRIGHTS: The contractor agrees to indemnify and hold the
State harmless from all claims, damages and costs including attorneys' fees,
arising from infringement of patents or copyrights.
22. ASSIGNMENT: Any contract entered into pursuant to this invitation for
bid is not assignable nor the duties thereunder delegable by either party
without the written consent of the other party of the contract.
23. OTHER REMEDIES: In addition to the remedies outlined herein, the
contractor and the state have the right to pursue any other remedy permitted
by law or in equity.
24. LACK OF FUNDS: The state may cancel this contract to the extent funds
are no longer legally available for expenditures under this contract. Any
delivered but unpaid for goods will be returned in normal condition to the
contractor by the state. If the state is unable to return the commodities in
normal condition and there are no funds legally available to pay for the
goods, the contractor may file a claim with the Arkansas Claims Commission.
If the contractor has provided services and there are no longer funds legally
available to pay for the services, the contractor may file a claim.
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STATE OF ARKANSAS
REQUEST FOR QUOTATION SAMPLE DRAFT 01
25. DISCRIMINATION: In order to comply with the provision of Act 954 of
1977, relating to unfair employment practices, the bidder agrees that: (a)
the bidder will not discriminate against any employee or applicant for
employment because of race, sex, color, age, religion, handicap, or national
origin; (b) in all solicitations or advertisements for employees, the bidder
will state that all qualified applicants will receive consideration without
regard to race, color, sex, age, religion, handicap, or national origin; (c)
the bidder will furnish such relevant information and reports as requested by
the Human Resources Commission for the purpose of determining compliance with
the statute; (d) failure of the bidder to comply with the statute, the rules
and regulations promulgated thereunder and this nondiscrimination clause
shall be deemed a breach of contract and it may be cancelled, terminated or
suspended in whole or in part; (e) the bidder will include the provisions of
items (a) through (d) in every subcontract so that such provisions will be
binding upon such subcontractor or vendor.
26. CONTINGENT FEE: The bidder guarantees that he has not retained a person
to solicit or secure this contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, except for retention of
bona fide employees or bona fide established commercial selling agencies
maintained by the bidder for the purpose of securing business.
27. ANTITRUST ASSIGNMENT: As part of the consideration for entering into any
contract pursuant to this invitation for bid, the bidder named on the front
of this invitation for bid, acting herein by the authorized individual or its
duly authorized agent, hereby assigns, sells and transfers to the State of
Arkansas all rights, title and interest in and to all causes of action it may
have under the antitrust laws of the United States or this state for price
fixing, which causes of action have accrued prior to the date of this
assignment and which relate solely to the particular goods or services
purchased or produced by this State pursuant to this contract.
28. DISCLOSURE: Failure to make any disclosure required by Governor's
Executive Order 98-04, or any violation of any rule, regulation, or policy
adopted pursuant to that order, shall be a material breach of the terms of
this contract. Any contractor, whether an individual or entity, who fails to
make the required disclosure or who violates any rule, regulation, or policy
shall be subject to all legal remedies available to the agency.
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