F.O.B. DESTINATION (STATEWIDE CONTRACT)

F.O.B. DESTINATION FOR SHIPMENT TO:

ALL STATE AGENCIES, LOCAL GOVERNMENT AGENCIES AND AUTHORIZED
NON-PROFIT ENTERPRISES LOCATED WITHIN THE STATE OF TENNESSEE.

TERM OF CONTRACT

THE ANTICIPATED EFFECTIVE DATE AND EXPIRATION DATE OF THE CONTRACT ARE
SHOWN ON THE FRONT OF THIS SOLICITATION. IF AWARD HAS NOT BEEN MADE BY
THE ANTICIPATED EFFECTIVE DATE, THEN THE CONTRACT SHALL BECOME
EFFECTIVE UPON THE DATE THE BID IS ACCEPTED AND CONTRACT AWARDED BY
THE STATE, AS INDICATED BY THE PURCHASING AGENT'S SIGNATURE ON THE
CONTRACT NOTICE OF AWARD (NOTE: THE CHANGE OF EFFECTIVE DATE MAY NOT
RESULT IN A CHANGE OF THE ANTICIPATED EXPIRATION DATE.)

RENEWAL OPTIONS: THIS CONTRACT MAY BE RENEWED UPON SATISFACTORY
COMPLETION OF THE INITIAL CONTRACT TERM. THE STATE RESERVES THE RIGHT
TO EXECUTE UP TO 2 OPTIONS TO RENEW THIS CONTRACT ANNUALLY UNDER THE
SAME TERMS AND CONDITIONS FOR A PERIOD NOT TO EXCEED 12 MONTHS EACH BY
THE STATE. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT THE STATE'S
COMMITMENT IS LIMITED TO A BASE TERM CONTRACT, NOT TO EXCEED TWELVE
(12) MONTHS, WHICH IS SUBJECT TO RENEWAL ANNUALLY AT THE STATE'S SOLE
OPTION.

IT IS UNDERSTOOD AND AGREED THAT THE STATE RESERVES THE RIGHT TO
EXTEND THE TERM CONTRACT PERIOD RESULTING FROM THIS SOLICITATION AN
ADDITIONAL PERIOD OF TIME, NOT TO EXCEED 180 DAYS BEYOND THE NORMAL
EXPIRATION DATE OF SUCH CONTRACT, UPON MUTUAL WRITTEN AGREEMENT BY
BOTH PARTIES, UNDER THE SAME TERMS AND CONDITIONS. PROVIDED, HOWEVER,
IN NO EVENT SHALL THE MAXIMUM TERM OF A CONTRACT EXCEED A TOTAL OF
SIXTY (60) MONTHS.
DELIVERY TIME (ON-TIME)

THE CONTRACTOR SHALL BE REQUIRED TO MAINTAIN OR TO HAVE AVAILABLE FOR
HIS OWN USE PERSONNEL, EQUIPMENT, AND SUPPLIES SUFFICIENT TO PERFORM
"ON-TIME" AS SPECIFIED IN THIS INVITATION TO BID.

FREIGHT F.O.B. STATE AGENCY (IN-HOUSE)

ALL QUOTATIONS SHALL BE F.O.B. DESTINATION. THE TERM F.O.B.
DESTINATION SHALL MEAN DELIVERED AND UNLOADED IN-HOUSE OR
ON-SITE SERVICE, WITH ALL CHARGES FOR TRANSPORTATION AND
UNLOADING PREPAID BY THE VENDOR/CONTRACTOR.

INSURANCE REQUIRED

THE SUCCESSFUL BIDDER(S) SHALL PROCURE AND MAINTAIN FOR THE DURATION
OF THE CONTRACT, AT THEIR OWN COST AND EXPENSE INSURANCE AGAINST
CLAIMS FOR INJURIES TO PERSONS OR DAMAGES TO PROPERTY INCLUDING
CONTRACTUAL LIABILITY WHICH, MAY ARISE IN CONNECTION WITH THE
PERFORMANCE OF THE WORK PERFORMED BY THE CONTRACTOR, HIS AGENTS,
REPRESENTATIVES, EMPLOYEES OR SUBCONTRACTORS UNDER THE CONTRACT.

THE INSURANCE CARRIER(S) MUST BE LICENSED TO CONDUCT BUSINESS IN THE
STATE OF TENNESSEE. THE INSURANCE WILL BE EVIDENCED BY AN ORIGINALOR
.PDF FORMAT DOCUMENT CERTIFICATE OF INSURANCE. THE CERTIFICATE SHALL
INCLUDE WORDING WHICH STATES THE PURCHASING DIVISION WILL BE NOTIFIED
THIRTY (30) DAYS PRIOR TO CANCELLATION OF THE COVERAGE OR A MAJOR
CHANGE IN THE COVERAGE PROVIDED. THE STATE OF TENNESSEE SHALL BE HELD
HARMLESS FOR ANY INJURIES, CLAIMS OR JUDGMENTS AGAINST THE CONTRACTOR.
CERTIFICATES FOR LIABILITY COVERAGES SHALL NAME THE STATE OF TENNESSEE
PURCHASING DIVISION AS AN ADDITIONAL INSURED.
THE FOLLOWING INSURANCE COVERAGES ARE REQUIRED:

WORKERS' COMPENSATION INSURANCE: A CERTIFICATE SHALL BE PROVIDED WHICH
INDICATES THE CONTRACTOR PROVIDES WORKERS' COMPENSATION COVERAGE IN
COMPLIANCE WITH THE STATE LAWS OF TENNESSEE., AND EMPLOYER'S LIABILITY
WITH THE FOLLOWING LIMITS:

E.L. EACH ACCIDENT $500,000
E.L. DISEASE- EACH EMPLOYEE $500,000
E.L. DISEASE - POLICY LIMIT $500,000

GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: COMPREHENSIVE
GENERAL LIABILITY INSURANCE, INCLUDING BUT NOT LIMITED TO, BODILY
INJURY, PROPERTY DAMAGE, CONTRACTUAL LIABILITY, PRODUCTS LIABILITY,
WITH COMBINED SINGLE LIMITS OF $500,000 PER OCCURRENCE WITH A MINIMUM
AGGREGATE OF $1,000,000.

THE SUCCESSFUL BIDDER(S) SHALL PROVIDE THE PURCHASING DIVISION
WITH AN ORIGINAL CERTIFICATE OF INSURANCE OR .PDF FORMAT DOCUMENT
AS PROOF OF INSURANCE COVERAGE, AS STATED ABOVE, NAMING THE STATE OF
TENNESSEE, PURCHASING DIVISION AS ADDITIONAL INSURED, WITHIN TEN (10)
BUSINESS DAYS AFTER REQUEST. IF THE CERTIFICATE OF INSURANCE IS IN
.PDF FORMAT, IT MUST BE RECEIVED DIRECTLY FROM THE INSURANCE COMPANY.

UPON AWARD, FAILURE TO MAINTAIN INSURANCE COVERAGE FOR THE DURATION
OF THE CONTRACT PERIOD MAY RESULT IN CANCELLATION OF THE CONTRACT. IN
EVENT THAT THE INSURANCE POLICY ON FILE IN THE PURCHASING DIVISION
EXPIRES OR IS CANCELED, THE CONTRACTOR WILL BE REQUIRED TO CEASE WORK
UNTIL PROOF OF INSURANCE IS PRESENTED.
FIRM PRICE PERIOD

PRICES QUOTED SHALL BE FIRM FOR 365 DAYS FOLLOWING THE DATE OF
AWARD, EXCEPT IN THE EVENT AN UNEXPECTED CHARGE IS IMPOSED ON THE
CONTRACT HOLDER BY FEDERAL, STATE, COUNTY OR CITY GOVERNMENT ENTITY
DURING THE TERM OF THE CONTRACT. THE CONTRACT HOLDER MAY INVOICE THE
STATE FOR THE IMPOSED CHARGE AMOUNT AS LONG AS IT PROVIDES PROOF
(INVOICE OR STATEMENT, ETC.) OF THE IMPOSED CHARGE TO THE USER AGENCY.
THE STATE SHALL ALSO BE ADVISED OF AND RECEIVE THE BENEFIT OF ANY
PRICE DECREASE IN EXCESS OF FIVE (5) PERCENT AUTOMATICALLY. THE
CONTRACT HOLDER MUST PROVIDE WRITTEN PRICE REDUCTION INFORMATION
WITHIN TEN (10) DAYS OF ITS EFFECTIVE DATE.

WRITTEN REQUESTS FOR PRICE CHANGES BASED ON VENDOR/CONTRACTOR'S ACTUAL
COST FOR OTHER THAN AN IMPOSED CHARGE BY FEDERAL, STATE, COUNTY, OR
CITY GOVERNMENT ENTITY AFTER THE FIRM PRICE PERIOD SHALL BE SUBMITTED
IN WRITING TO THE DEPARTMENT OF GENERAL SERVICES' PURCHASING DIVISION.

ANY INCREASE SHALL BE BASED ON THE CONTRACT HOLDER'S ACTUAL COST
INCREASE AND MAY NOT CONSTITUTE ADDITIONAL PROFIT, AS SHOWN IN WRITTEN
DOCUMENTATION SUCH AS INVOICES CLEARLY DEMONSTRATING AN INCREASE IN
COST COMPONENTS UPON WHICH ORIGINAL BID OR LAST PRICE INCREASE WAS
BASED, I.E. INVOICES FOR THE COST OF MATERIALS, LABOR, DELIVERY, ETC.,
OR LABOR UNION AGREEMENTS FROM THE START OF THE CONTRACT OR FIRM BID
PRICE PERIOD AND CURRENT DATE AND/OR A SIGNED LETTER FROM THE CONTRACT
HOLDER'S SUPPLIER STATING THAT IT HAS OR WILL BE IMPOSING A SPECIFIED
DOLLAR AMOUNT OR A PERCENTAGE INCREASE FOR ALL OF ITS CUSTOMERS. IF
DOCUMENTATION IS FROM VENDOR/CONTRACTOR'S SUPPLIER, VENDOR/CONTRACTOR
MUST SHOW PROOF THAT IT HAS TRIED TO OBTAIN THE GOODS FROM OTHER
SUPPLIERS AND WAS UNABLE TO GET IT AT ANY LOWER PRICE. ALL REQUESTS
FOR PRICE INCREASES MUST BE SUBMITTED IN WRITING.

IN ORDER FOR PURCHASING DIVISION TO APPROVE THE CONTRACT HOLDER'S
REQUEST FOR A PRICE INCREASE, ITS NEW BID PRICE(S) MUST STILL BE THE
LOW BID MEETING SPECIFICATIONS; THIS WILL BE DETERMINED BY USING THE
ORIGINAL EVALUATION MODEL WITH THE PRICES FROM THE NEW PRICE LIST. IF
THE CONTRACT HOLDER'S NEW BID PRICE IS HIGHER THAN THE NEXT LOW
BIDDER, PURCHASING DIVISION WILL EVALUATE THE NEXT LOW BID TO
DETERMINE IF IT MEETS SPECIFICATIONS AND IF SO, WILL ASK IF THE NEXT
LOW BIDDER IS WILLING TO HONOR ITS BID PRICES FOR POSSIBLE RE-AWARD.
IF THE NEXT LOW BIDDER AGREES TO HONOR ITS BID PRICE AND WILL HOLD IT
FOR THE FIRM BID PRICE PERIOD FOLLOWING AWARD, PURCHASING DIVISION
WILL APPRISE THE CONTRACT HOLDER OF THE SITUATION AND ASK IF IT WANTS
TO CONTINUE WITH ITS PRICE INCREASE REQUEST OR WITHDRAW ITS PRICE
INCREASE REQUEST. IF THE CONTRACT HOLDER STATES THAT IT WANTS TO
CONTINUE WITH ITS REQUEST FOR A PRICE INCREASE, PURCHASING DIVISION
WILL RECOMMEND CANCELLATION OF THE CONTRACT AND RE-AWARD TO THE NEXT
LOW BIDDER.

AT THE OPTION OF THE STATE, (1) THE REQUEST MAY BE GRANTED, (2) THE
CONTRACT MAY BE CANCELED AND AWARDED TO THE NEXT LOW BIDDER, (3) THE
CONTRACT MAY BE CANCELED AND THE COMMODITY/SERVICE MAY BE READVERTISED
FOR AWARD, OR (4) CONTINUE THE CONTRACT WITHOUT CHANGE.

THE PURCHASING DIVISION WILL ACCEPT OR REJECT ALL SUCH WRITTEN
REQUESTS WITHIN FORTY-FIVE (45) WORKING DAYS OF THE DATE OF RECEIPT OF
COMPLETE AND VERIFIED DOCUMENTATION.

APPROVAL OF PRICE INCREASES

IF APPROVED, THE PURCHASING DIVISION WILL MODIFY THE CONTRACT TO
REFLECT THE APPROVED PRICE INCREASE, PRINT AND MAIL THE REVISED
CONTRACT. THE CONTRACT HOLDER SHALL HONOR ALL PURCHASE ORDERS DATED
PRIOR TO THE APPROVED PRICE INCREASE ACCEPTANCE DATE AT THE ORIGINAL
CONTRACT PRICE. APPROVAL OF ANY PRICE INCREASE REVIEWS THE FIRM
PRICE PERIOD.

PRICE INCREASE REJECTION

WHEN THE STATE REJECTS A REQUEST FOR A PRICE INCREASE, THE CONTRACT
HOLDER WILL BE NOTIFIED IN WRITING OF THE STATE'S INTENTION PRIOR TO
THE FIRST OF THE FOLLOWING MONTH. IF THE CONTRACT IS TO BE CANCELED,
THE CONTRACT HOLDER WILL BE REQUIRED TO HONOR ALL PURCHASE ORDERS THAT
WERE PREPARED AND DATED PRIOR TO THE DATE OF THE TERMINATION, IF
RECEIVED BY THE CONTRACT HOLDER WITHIN A PERIOD OF THIRTY (30) DAYS
FOLLOWING THE DATE OF TERMINATION.

CANCELLATION

TERMINATION FOR CONVENIENCE: THE STATE MAY TERMINATE THIS CONTRACT
WITHOUT CAUSE. SAID TERMINATION SHALL NOT BE DEEMED A BREACH OF
CONTRACT BY THE STATE. THE STATE SHALL GIVE THE VENDOR/CONTRACTOR AT
LEAST NINETY (90) DAYS WRITTEN NOTICE BEFORE THE EFFECTIVE CANCELATION
DATE.
THE VENDOR/CONTRACTOR SHALL BE ENTITLED TO RECEIVE COMPENSATION FOR
GOODS SHIPPED OR SERVICES SATISFACTORILY COMPLETED AS OF THE
CANCELATION DATE, BUT IN NO EVENT SHALL THE STATE BE LIABLE TO THE
VENDOR/CONTRACTOR FOR COMPENSATION FOR ANY GOODS OR SERVICES WHICH
HAVE NOT BEEN RENDERED.
UPON SUCH TERMINATION, THE VENDOR/CONTRACTOR SHALL HAVE NO RIGHT TO
ANY ACTUAL GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER
CLAIMS WHATSOEVER OF ANY DESCRIPTION OR AMOUNT.

TERMINATION FOR CAUSE: IF THE VENDOR/CONTRACTOR FAILS TO FULFILL ITS
OBLIGATIONS UNDER THIS CONTRACT IN A TIMELY OR PROPER MANNER, OR IF
THE VENDOR/CONTRACTOR VIOLATES ANY TERMS OF THIS CONTRACT, THE STATE
SHALL HAVE THE RIGHT TO IMMEDIATELY TERMINATE THE CONTRACT UPON
WRITTEN NOTICE OF INTENT TO CANCEL. THE STATE SHALL HAVE THE RIGHT TO
WITHHOLD PAYMENT IN EXCESS OF FAIR COMPENSATION FOR COMPLETED
SERVICES. NOTWITHSTANDING THE ABOVE, THE CONTRACTOR SHALL NOT BE
RELIEVED OF LIABILITY TO THE STATE FOR DAMAGES SUSTAINED BY VIRTUE OF
ANY BREACH OF THIS CONTRACT BY THE CONTRACTOR.

AT THE END OF ANY FISCAL YEAR ANY CONTRACT MAY BE CANCELED BY THE
STATE WITHOUT NOTICE, IN THE EVENT THAT FUNDS TO SUPPORT THE CONTRACT
BECOME UNAVAILABLE.

THE VENDOR/CONTRACTOR WILL BE REQUIRED TO HONOR ALL PURCHASE ORDERS
THAT WERE PREPARED AND DATED PRIOR TO THE DATE OF THE TERMINATION, IF
RECEIVED BY THE VENDOR/CONTRACTOR WITHIN A PERIOD OF THIRTY (30) DAYS
FOLLOWING THE DATE OF TERMINATION.

PURCHASE ORDER RELEASE (SWC)

ORDERS FOR SERVICES OR SUPPLIES THAT ARE INCLUDED ON STATEWIDE
CONTRACTS SHALL BE PREPARED BY AGENCIES ON DEPARTMENTAL PURCHASE
ORDERS AND FORWARDED DIRECTLY TO THE VENDOR/CONTRACTOR. THESE PURCHASE
ORDERS, WHEN RECEIVED BY THE VENDOR/CONTRACTOR, SERVE AS AUTHORIZATION
FOR SHIPMENT. ITEMS FROM DIFFERENT CONTRACTS MAY BE COMBINED ON A
SINGLE PURCHASE ORDER TO THE SAME VENDOR/CONTRACTOR TO MEET MINIMUM
ORDER REQUIREMENTS. LOCAL GOVERNMENT AGENCIES OR AUTHORIZED
CORPORATIONS, WHERE APPLICABLE, WILL ISSUE THEIR PURCHASE ORDER
RELEASES DIRECTLY TO THE VENDOR/CONTRACTOR(S).

BILLING INSTRUCTIONS
THE CONTRACTOR SHALL INVOICE THE STATE ONLY AFTER COMPLETION OF THE
WORK DESCRIBED IN THE PURCHASE ORDER/CONTRACT, AND AS REQUIRED BELOW
PRIOR TO ANY PAYMENT.

THE CONTRACTOR SHALL SUBMIT AN INVOICE, WITH ALL NECESSARY SUPPORTING
DOCUMENTATION, TO: STATE AGENCY BILLING ADDRESS

SUCH INVOICE SHALL CLEARLY AND ACCURATELY DETAIL THE FOLLOWING
REQUIRED INFORMATION.

INVOICE/REFERENCE NUMBER; (ASSIGNED BY THE CONTRACTOR)
INVOICE DATE;
CONTRACT AND/OR PURCHASE ORDER NUMBER; (ASSIGNED BY THE STATE)
ACCOUNT NAME; PROCURING STATE AGENCY AND DIVISION NAME
ACCOUNT/CUSTOMER NUMBER; (UNIQUELY ASSIGNED BY THE CONTRACTOR TO
THE ABOVE-REFERENCED ACCOUNT NAME;
CONTRACTOR NAME;
CONTRACTOR FEDERAL EMPLOYER IDENTIFICATION NUMBER OR SOCIAL
SECURITY NUMBER; (AS REFERENCED IN CONTRACT)
CONTRACTOR CONTACT (NAME, PHONE, AND/OR FAX FOR THE INDIVIDUAL TO
CONTACT WITH BILLING QUESTIONS);
CONTRACTOR REMITTANCE ADDRESS;
DESCRIPTION OF DELIVERED ITEM OR SERVICE; AND
TOTAL AMOUNT DUE FOR DELIVERED ITEM OR SERVICE.

THE CONTRACTOR UNDERSTANDS AND AGREES THAT THE INVOICE SHALL;

INCLUDE ONLY CHARGES FOR SERVICE DESCRIBED IN CONTRACT OR PURCHASE
ORDER AND IN ACCORDANCE WITH PAYMENT TERMS AND CONDITIONS SET FORTH
IN CONTRACT OR PURCHASE ORDER;

NOT INCLUDE ANY FUTURE WORK BUT WILL ONLY BE SUBMITTED FOR
COMPLETED SERVICE; AND

NOT INCLUDE SALES TAX OR SHIPPING CHARGES (UNLESS OTHERWISE
STIPULATED IN THE CONTRACT OR PURCHASE ORDER).

THE CONTRACTOR AGREES THAT TIMEFRAME FOR PAYMENT (AND ANY DISCOUNTS)
BEGINS WHEN THE STATE IS IN RECEIPT OF A CORRECT INVOICE MEETING THE
MINIMUM REQUIREMENTS ABOVE.

PAYMENT

IT SHALL BE THE RESPONSIBILITY OF THE "BILL TO" AGENCY TO MAKE
PAYMENT. ANY QUESTIONS CONCERNING PAYMENT SHOULD BE ADDRESSED TO THE
"BILL TO" AGENCY LISTED IN THE TOP, RIGHT SIDE OF THE PURCHASE ORDER,
NOT THE PURCHASING DIVISION.

PURCHASES BY LOCAL GOVERNMENT AND AUTHORIZED NON-PROFIT AGENCIES

THE PURPOSE OF THIS INVITATION TO BID IS TO ESTABLISH A SOURCE OR
SOURCES OF SUPPLY FOR ALL STATE AGENCIES, LOCAL GOVERNMENTAL AGENCIES
WITHIN THE GEOGRAPHIC LIMITS OF THE STATE OF TENNESSEE, AND ANY
CORPORATION WHICH IS EXEMPTED FROM TAXATION UNDER 26 U.S.C. SECTION
501 (C) (3) AS AMENDED AND WHICH CONTRACTS WITH THE DEPARTMENT OF
MENTAL HEALTH AND MENTAL RETARDATION TO PROVIDE SERVICES TO THE
PUBLIC (TCA 33-2-401). PURCHASES BY LOCAL GOVERNMENTAL AGENCIES AND
AUTHORIZED CORPORATIONS ARE OPTIONAL WITH THOSE AGENCIES AND
CORPORATIONS AND OFFERS TO SELL TO LOCAL GOVERNMENTAL AGENCIES ARE
OPTIONAL WITH THE BIDDER.
INDICATE IF YOUR OFFER IS ALSO EXTENDED TO LOCAL GOVERNMENTAL AGENCIES
IN THE SPACE PROVIDED BELOW. INITIAL IF YES.

_____________ BID OFFERS ARE EXTENDED TO LOCAL GOVERNMENTAL AGENCIES.

CLEAN-UP

CLEAN UP SHALL BE THE RESPONSIBILITY OF CONTRACTOR. CONTRACTOR TO
ASSURE THAT JOB SITE IS CLEAN OF NAILS, DEBRIS, ETC. AT END OF EACH
DAY TO ENSURE SAFETY. CONTRACTOR WILL CLEAN UP AND HAUL AWAY ALL
SCRAP WHEN WORK IS COMPLETED.

SECURITY OF PROTECTED INFORMATION (A) ALL EMPLOYEES, AGENTS, AND
OTHER AFFILIATES OF CONTRACTORS UNDER THIS CONTRACT SHALL PROTECT THE
SECURITY OF INFORMATION IDENTIFIED TO THEM AS PROTECTED HEALTH
INFORMATION (PHI).

CONTRACTOR'S MANAGING AGENTS WHO ARE NOTIFIED BY THE STATE ABOUT THE
PRESENCE OF PHI IN FACILITIES COVERED BY THIS CONTRACT WILL TRANSMIT
SUCH NOTICE TO ALL EMPLOYEES, AGENTS, AND OTHER AFFILIATES OF THE CON-
TRACTOR ALLOWED ACCESS TO SUCH FACILITIES DURING THE COURSE OF THIS
CONTRACT.

(B) ALL INDIVIDUALS COVERED BY SECTION __(A) SHALL NOT READ, EXAMINE,
REMOVE, OR OTHERWISE INTERFERE WITH PHI. THEY SHALL NOT ALLOW ACCESS
TO PHI, OR DISCLOSE THE CONTENTS OF PHI, TO ANY OTHER PERSON. ALL
INDIVIDUALS WITH KNOWLEDGE OF AN UNAUTHORIZED DISCLOSURE OF PHI SHALL
NOTIFY EITHER AN APPROPRIATE STATE OFFICIAL OR A MANAGER OF THE CON-
TRACTOR WITH RESPONSIBILITY FOR NOTIFYING THE APPROPRIATE STATE
OFFICIAL.
DAMAGES

IF STATE PROPERTY IS DAMAGED, STOLEN OR LOST AS A RESULT OF
CONTRACTOR'S OR CONTRACTOR'S EMPLOYEES' NEGLIGENCE AND THAT PROPERTY
HAS TO BE REPAIRED OR REPLACED BY THE STATE, THE EXPENSE FOR SUCH WORK
OR REPLACEMENT WILL BE DEDUCTED FROM THE MONIES DUE THE CONTRACTOR.
IN ADDITION TO THE FOREGOING, THE STATE RESERVES THE RIGHT TO PURSUE
CLAIMS FOR DAMAGES THROUGH ANY AND ALL LEGAL REMEDIES AVAILABLE TO THE
STATE.
PROHIBITION OF ILLEGAL IMMIGRANTS

THE REQUIREMENTS OF STATE OF TENNESSEE'S PUBLIC ACTS, 2006, CHAPTER
NUMBER 878 AND EXECUTIVE ORDER 41 ADDRESSING THE USE OF ILLEGAL
IMMIGRANTS IN THE PERFORMANCE OF ANY CONTRACT TO SUPPLY GOODS OR
SERVICES TO THE STATE OF TENNESSEE, SHALL BE A MATERIAL PROVISION OF
THIS CONTRACT, A BREACH OF WHICH SHALL BE GROUNDS FOR MONETARY AND
OTHER PENALTIES, UP TO AND INCLUDING TERMINATION OF THIS CONTRACT.


AS REQUIRED BY PUBLIC ACTS, 2006, CHAPTER NUMBER 878, NO PERSON MAY
ENTER INTO A CONTRACT TO SUPPLY GOODS OR SERVICES TO THE STATE WITH-
OUT FIRST ATTESTING IN WRITING THAT THE PERSON WILL NOT KNOWINGLY
UTILIZE THE SERVICES OF ILLEGAL IMMIGRANTS IN THE PERFORMANCE OF THIS
CONTRACT, AND WILL NOT KNOWINGLY UTILIZE THE SERVICES OF ANY
SUBCONTRACTOR WHO WILL UTILIZE THE SERVICES OF ILLEGAL IMMIGRANTS IN
THE PERFORMANCE OF THIS CONTRACT. FOR PURPOSES OF THIS CONTRACT,
"ILLEGAL IMMIGRANT" SHALL BE DEFINED AS ANY PERSON WHO IS NOT
EITHER A UNITED STATES CITIZEN, A LAWFUL PERMANENT RESIDENT, OR A
PERSON WHOSE PHYSICAL PRESENCE IN THE UNITED STATES IS
AUTHORIZED OR ALLOWED BY THE DEPARTMENT OF HOMELAND SECURITY AND WHO,
UNDER FEDERAL IMMIGRATION LAWS AND/OR REGULATIONS, IS AUTHORIZED TO
BE EMPLOYED IN THE U.S. OR IS OTHERWISE AUTHORIZED TO
PROVIDE SERVICES UNDER THE CONTRACT. THE CONTRACTOR HEREBY ATTESTS,
CERTIFIES, WARRANTS, AND ASSURES THAT IT SHALL COMPLY WITH THIS TERM
AND CONDITION FOR THE ENTIRE CONTRACT PERIOD.

THE CONTRACTOR UNDERSTANDS AND AGREES THAT FAILURE TO COMPLY WITH
THIS SECTION WILL BE SUBJECT TO THE SANCTIONS OF PUBLIC CHAPTER 878
OF 2006 FOR ACTS OR OMISSIONS OCCURRING AFTER ITS EFFECTIVE DATE. THIS
LAW REQUIRES THE COMMISSIONER OF FINANCE AND ADMINISTRATION TO
PROHIBIT A CONTRACTOR FROM CONTRACTING WITH, OR SUBMITTING AN OFFER,
PROPOSAL, OR BID TO CONTRACT WITH THE STATE OF TENNESSEE TO SUPPLY
GOODS OR SERVICES FOR A YEAR AFTER A CONTRACTOR IS DISCOVERED TO
HAVE KNOWINGLY USED THE SERVICES OF ILLEGAL IMMIGRANTS DURING THE
PERFORMANCE OF THIS CONTRACT. THE CONTRACTOR MAY APPEAL THE
IMPOSITION OF THE ONE-YEAR PROHIBITION BY UTILIZING AN APPEALS
PROCESS ESTABLISHED BY THE COMMISSIONER OF FINANCE AND ADMINISTRATION.

AS PER EXECUTIVE ORDER 41, THE CONTRACTOR SHALL BE REQUIRED TO SUBMIT
SEMI-ANNUAL ATTESTATION FORMS AND OBTAIN A SIGNED ATTESTATION FORM
FROM ANY SUBCONTRACTOR PRIOR TO THE USE OF THE SUBCONTRACTOR AND SEMI-
ANNUALLY THEREAFTER DURING THE CONTRACT PERIOD. THE RECORDS SHALL BE
SUBJECT TO REVIEW AND RANDOM INSPECTION AT ANY REASONABLE TIME UPON
REASONABLE NOTICE BY THE STATE. RECORDS SHALL INCLUDE BUT ARE NOT
LIMITED TO THE FOLLOWING:
1.) DOCUMENTATION ON CONTRACTORS' EMPLOYEES AND SUBCONTRACTOR
PERSONNEL WORKING ON THIS CONTRACT SHOWING THAT THEY ARE LEGAL
TO WORK IN THE UNITED STATES AND PAYROLL RECORDS.
2.) SIGNED AND DATED ATTESTATION FORMS FOR YOUR COMPANY THAT HAVE
BEEN SUBMITTED TO THE PURCHASING DIVISION AND ATTESTATION FORMS
OBTAINED FROM SUBCONTRACTOR(S).

NOTE: THE CONTRACTOR SHALL BE REQUIRED TO OBTAIN PRIOR APPROVAL TO
SUBCONTRACT FROM THE DEPUTY COMMISSIONER OF GENERAL SERVICES,
PURCHASING DIVISION.

BY AUTHORIZED SIGNATURE ON THIS INVITATION TO BID THE CONTRACTOR
CONSTITUTES SIGNING THE ATTESTATION FORM FOR THE INITIAL SIX (6)
MONTHS OF THE CONTRACT PERIOD. THE CONTRACTOR SHALL BE REQUIRED
TO SUBMIT SIGNED ATTESTATION FORMS ON A SEMI-ANNUAL BASIS FROM THE
START DATE OF THE CONTRACT PERIOD THROUGH TO ITS COMPLETION DATE TO
THE PURCHASING DIVISION. THE ATTESTATION FORM IS LOCATED ON THE
PURCHASING DIVISION WEBSITE: WWW.STATE.TN.US/GENERALSERV/PURCHASING
IN THE EVENT THAT THE CONTRACTOR FAILS TO SUBMIT THE ATTESTATION FORM,
FILLED OUT, DATED AND SIGNED, BY THE END OF ANY SIX MONTH CONTRACT
INTERVAL, THE CONTRACTOR SHALL BE NOTIFIED IN WRITING OF THE
REQUIREMENT TO SUBMIT THE ATTESTATION FORM WITHIN SEVEN (7) CALENDAR
DAYS; FAILURE TO SUBMIT THE ATTESTATION FORM WITHIN THE REQUIRED TIME
FRAME MAY RESULT IN THE CANCELLATION OF THE CONTRACT.
SPECIAL REQUIREMENTS

CONTAINERS
CONTAINERS SHALL BE PRICED BY TYPE (DUMPSTER TYPE OR COMPACTOR)
AND BY SIZE (CAPACITY). THE PRICE SHALL BE THE CHARGE FOR RENT FOR
ONE MONTH. STATE OWNED CONTAINERS ARE NOT SUBJECT TO THE RENTAL
CHARGE.

IN THE EVENT ALL OF THE LISTED ARE NOT AVAILABLE, YOU MAY
SUBSTITUTE THE NEXT LARGER SIZE. FOR EXAMPLE - IF YOU CANNOT FURNISH
6 CUBIC YARD CONTAINER, YOU MAY BID THE 8 CUBIC YARD CONTAINER FOR
BOTH THE 6 CUBIC YARD AND 8 CUBIC YARD.

EQUIPMENT
ALL VEHICLES AND CONTAINERS SHALL BE IN GOOD MECHANICAL CONDITION
AND APPERANCE, AND THE COLOR SHALL BE OPTIONAL WITH THE AGENCY. NO
POLITICAL OR OBJECTIONAL SIGNS OR MARKINGS SHALL BE DISPLAYED WHILE ON
STATE PROPERTY.

SERVICE
CONTAINERS SHALL BE STEAM CLEANED AND DEORORIZED AS REQUIRED TO
MAINTAIN A GOOD APPEARANCE AND TO PREVENT OBJECTIONABLE ODORS. ALL
WASTE IS TO BE REMOVED FROM THE CONTAINER AND FROM THE AREA AND
CONTAINERS ARE TO BE LEFT LEVEL AND WITHIN THE SPACE ASSIGNED.
CONTRACTOR SHALL PROVIDE PROTECTION REQUIRED TO INSURE THAT ALL STATE
WASTE IS REMOVED TO AUTHORIZED DISPOSAL SITES WITHOUT LOSS ENROUTE.

SPECIAL CLEANING, PAINTING AND DEODORIZING
STEAM CLEANING, DEODORIZING AND PAINTING TO NEAR-NEW CONDITION
AND APPEARANCE SHALL BE PERFORMED UPON REQUEST FROM THE USING AGENCY.