Arkansas State University - Newport

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1.  GENERAL:  All terms and conditions stated in any Invitation for Bid (IFB) govern this contract.

2.  PRICES:  Prices are firm and not subject to escalation, unless otherwise specified in the Invitation for Bid.

3.  DISCOUNTS:  All cash discounts offered will be taken if earned.

4.  TAXES:  Arkansas State University-Newport, hereafter referred to as University, must pay State Sales Tax.  Itemize State Tax or Use Tax, when applicable, on your invoices.

5.  BRAND NAME REFERENCES:  Contractor guarantees commodity delivered is the same as specified in his bid.  No substitutions or cancellations are permitted without prior approval of the Procurement Official.

6.  GUARANTY:  All terms delivered are to 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 IFB.  Contractor 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 furnished.  Contractor further guarantees that if the items furnished hereunder are to be installed by the contractor, that such items will function properly when installed.  Contractor also guarantees that all applicable laws have been complied with relating to construction, packaging, labeling, and registration.  Contractor’s obligations under this paragraph shall survive for a period of one (1) year from date of delivery unless otherwise specified.

7.  DELIVERY:  Unless otherwise stated, all shipments will be FOB inside delivery to the location stated on the face of the PO.  Delivery shall be made during work hours only, 8:00 a.m. to 4:30 p.m., Monday – Friday excluding legal holidays, unless prior approval has been obtained from the University.  Packing memorandum shall be enclosed with each shipment.  On the face of the contract award is shown the number of days required to place commodity in the University’s designated location under normal conditions.  Backorders or failure to delivery within the time required may be default of the contract.  Contractor must give notice to the Procurement Office of the reason and the expected delivery date.  The University has the right to extend delivery if reasons appear valid.  If date or reason is not acceptable, contractor is in default and the University may buy elsewhere and any additional cost will be borne by the contractor.

8.  BACKORDERS OR DELAY IN DELIVERY: Backorders or failure to deliver within the time required may be default of the contract.  Contractor must give written notice to the Procurement Department of the reason and the expected delivery date.  If reason is not acceptable, contractor is in default. The Procurement Department has the right to extend delivery, if reasons appear valid.  If date is not acceptable the Procurement Department may buy elsewhere.

9.  DELIVERY REQUIREMENTS:  No substitutions or cancellations are permitted without written approval of ASU-Beebe Procurement Department. Delivery shall be made during work hours only, 8:00 a.m. to 4:30 p.m.  Packing memorandum shall be enclosed with each shipment.

10.  DEFAULT:  All commodities furnished will be subject to inspection and acceptance of the University after delivery.  Default in promised delivery of failure to meet specifications authorizes the University to cancel this contract or any portion of same and reasonably purchase commodities elsewhere and charge full increase, if any, in cost and handling to defaulting contractor.

11.  VARIATION IN QUANTITY:  The University assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein.

12.  INVOICING:  Contractor shall submit an original and one (1) copy of an itemized invoice showing bid number and purchase order number.  Invoices must be sent to “Invoice To” point shown on purchase order.

13.  UNIVERSITY 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 the use hereunder shall remain property of the University, 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.

14.  ASSIGNMENT:  This contract is not assignable nor the duties hereunder delegable by either party without written consent of the other party to the contract.

15.  OTHER REMEDIES:  In addition to the remedies outlined herein, the contractor and the University have the right to pursue any other remedy permitted by law or in equity.

16.  LACK OF FUNDS:  The University may cancel this contract to the extent funds are no longer legally available for expenditure under this contract.  Any delivered but unpaid for goods will be returned in normal condition to the contractor.  If the University is unable to return the commodities in normal condition and there are no funds legally available to pay for the goods, or, 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 with the Arkansas Claims Commission.

17.  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 remedies available to the agency.  

18.  Arkansas Technology Access Clause:  The vendor expressly acknowledges that state funds may not be expended in connection with the purchase of information technology unless that system meets certain statutory requirements, in accordance with State of Arkansas technology policy standards relating to accessibility by persons with visual impairments.  Accordingly, the Vendor represents and warrants to ASU-N through the procurement process by submission of a Voluntary Product Accessibility Template (VPAT) for 36 C.F.R § 1194.21, as it existed on January 1, 2013 (software applications and operating systems) and  36 C. F. R. § 1194.22, as it existed on January 1, 2013 (web-based intranet and internet information and applications) that the technology provided to ASU-N for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of (1) providing equivalent access for effective use by both visual and non-visual means; (2) presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and (3) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.  For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assisting devices or services which would constitute reasonable accommodation under the Americans with Disabilities Act or similar state or federal laws.  Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance.  If requested, the Vendor must provide a detailed plan for making this purchase accessible and/or a validation of concept demonstration.

19.  ETHICS:  It shall be breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a University 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 contractor for the purpose of securing business.  Any violation of this ethics statement can result in the cancellation of any contract with the University.

20.  SOVEREIGN IMMUNITY:  Nothing in this agreement shall be construed to waive the sovereign immunity of the State of Arkansas of any entity thereof, including Arkansas State University-Newport.              

21.  PERFORMANCE STANDARDS:  Act 557 of 2015 enacted by the Arkansas General Assembly requires that contracts include performance standards.  By acceptance of this Purchase Order, the Contractor agrees to the performance of any technical/general services in a professional, comprehensive manner.  This may include, but not be limited to, ensuring milestone deadlines are met, and services are delivered in a professional, comprehensive manner, consistent with the contracted skill level.  Any special performance standards outlined in any associated contract or agreement to this Purchase Order may be in addition to the above performance standards.

22.  EQUAL OPPORTUNITY:  “This contractor and subcontractor shall abide by the requirements of 41 CFR 60-1.4(a) and 41 CFR 60-741.5(a).  These regulations prohibit discrimination on the basis of race, color, religion, sex, or national original, against qualified protected veterans on the basis of veteran status, and against qualified individuals on the basis of disability; and require affirmative action by covered prime contractors and subcontractors to ensure equality of opportunity in all aspects of employment, and to employ and advance in employment qualified protected veterans and qualified individuals with disabilities.”

23. ISRAEL BOYCOTT NOTICE:  In order to comply with Act 710 of 2017, prohibiting a public entity from contracting with a person or company boycotting Israel, the bidder/contractor represents, warrants and certifies that: (a) It is not currently engaged in a boycott of Israel; and (b) agrees that for the duration of any resulting contract award, it will not engage in a boycott of Israel.