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.

BIDS REQUESTED FOR % DISCOUNT/SURCHARGE FROM PUBLISHED CATALOGS, PRICE
LISTS OR PRICE SCHEDULES

A BIDDER IS REQUIRED TO QUOTE A SINGLE PERCENTAGE (%), PLUS (+) OR
MINUS (-), APPLYING TO THE PRODUCTS LISTED IN ALL THE PUBLISHED
CATALOGS, PRICE LISTS, OR PRICE SCHEDULES AND ANY SUPPLEMENTS ON WHICH
THE BID IS BASED. IF A PLUS (+) OR MINUS (-) APPLYING TO THE PERCENT
QUOTED IS NOT DENOTED BY THE BIDDER, IT IS DETERMINED THAT THE PERCENT
IS TO BE CONSIDERED A PLUS (+). A BIDDER IS REQUIRED TO BASE A BID ON
THE MOST CURRENT DATED CATALOGS, PRICE LISTS OR PRICE SCHEDULES IN
PUBLICATION AS OF 09/01/07 AND NO LATER; HOWEVER, SUPPLEMENTS
MAY BE DATED SUBSEQUENT TO 09/01/07 . ANY INDUSTRY WIDE PRICE
CHANGE BY THE MANUFACTURER'S CATALOGS, PRICE LISTS OR PRICE SCHEDULES,
MAY BE SUBMITTED WITH THE BID. BIDDERS SHALL ATTACH THE
MANUFACTURER'S NOTICE OF SUCH PRICE CHANGE(S) TO THE APPLICABLE
CATALOGS, PRICE LISTS OR PRICE SCHEDULES. NO PUBLISHED PRINTED PRICES
OR ITEMS AS SHOWN IN ANY MANUFACTURER'S CATALOGS, PRICE LISTS OR PRICE
SCHEDULES SUBMITTED AS PART OF ANY BID SHALL BE ALTERED, AMENDED OR
LIMITED WITHIN THE PRODUCT LINE OR LINES BID. ALL PRODUCT LINES
SUBJECT TO THE SINGLE PERCENTAGE (%) DISCOUNT BID SHALL BE CLEARLY
DEFINED BY THE BIDDER.

IN THE EVENT THAT ANY ITEMS REQUESTED IN THE INVITATION TO BID ARE NOT
AVAILABLE AT THE TIME OF THE BID IN ANY PUBLISHED CATALOGS, PRICE
LISTS, OR PRICE SCHEDULES AND SUCH ITEMS ARE BID AS SPECIAL PRODUCTS
TO BE PROVIDED TO THE STATE OF TENNESSEE, THEN ALL SUCH ITEMS MUST BE
LISTED ON A SUPPLEMENT TO THE MOST CURRENT CATALOG, PRICE LISTS, OR
PRICE SCHEDULES WITH SPECIFIC CATALOG OR MODEL NUMBERS AND PRICES AND
ALL APPLICABLE ORDERING INFORMATION CLEARLY LISTED.

CATALOGS, PRICE LISTS, OR PRICE SCHEDULES SUBMITTED WILL BE EVALUATED
AND MAY BE ACCEPTED IN WHOLE, OR ACCEPTANCE MAY BE LIMITED TO SPECIFIC
ITEMS OR GROUPS OF ITEMS OR TO A SPECIFIED DOLLAR AMOUNT.

THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FURNISH THE CATALOGS, PRICE
LISTS, AND PRICE SCHEDULES UPON WHICH THE BID IS BASED TO USING
AGENCIES AND WHEN APPLICABLE TO LOCAL GOVERNMENT AGENCIES UPON REQUEST
AND BY DIRECT MAIL. THE PURCHASING DIVISION WILL NOT PARTICIPATE IN
THIS DISTRIBUTION, BUT MUST APPROVE THE CATALOGS, SUPPLEMENTS, PRICE
SCHEDULES PRIOR TO MAILING.

DELIVERY TIME (DAYS)

ALL ITEMS MUST BE DELIVERED WITHIN APPROXIMATELY 10 DAYS AFTER
RECEIPT OF A PURCHASE ORDER.

MINIMUM ORDER (EXEMPTION)

INDIVIDUAL ORDERS FOR LESS THAN $ 100.00
ARE EXEMPT FROM PURCHASE FROM THIS CONTRACT.
USER AGENCIES WILL PURCHASE BY APPLICABLE PURCHASING PROCEDURES.


FIXED BID PERCENTAGE FOR THE TERM OF THE CONTRACT (NO PERCENTAGE
CHANGE ALLOWED)

PRICES LISTED IN AWARDED PUBLISHED CATALOG, PRICE LISTS OR PRICE
SCHEDULE SHALL REMAIN FIRM FOR 365 DAYS FOLLOWING THE DATE OF AWARD,
EXCEPT THE STATE SHALL BE ADVISED OF, AND RECEIVE BENEFIT OF, ANY
PRICE DECREASE IN EXCESS OF FIVE(5) PERCENT, AUTOMATICALLY. THE
VENDOR/CONTRACTOR MUST PROVIDE WRITTEN PRICE REDUCTION INFORMATION
WITHIN TEN(10) DAYS OF ITS EFFECTIVE DATE.
REQUESTS FOR PRICE CHANGES BASED ON CATALOG PRICE LISTS


WRITTEN REQUESTS FOR PRICE CHANGES ON TERM CONTRACTS BASED ON CATALOG
OR PRICE LISTS MAY BE SUBMITTED IN WRITING AFTER THE FIRM PRICE
PERIOD. THE REQUEST MUST INCLUDE COPIES OF THE NEW PRICE LISTS OR
CATALOG THAT REFLECT A CHANGE IN THE CONTRACT HOLDER'S COST, MUST NOT
CONSTITUTE AN INCREASE IN PROFIT AND SHALL APPLY TO ALL VENDOR'S
CUSTOMERS INDUSTRY WIDE.

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 HOLDERS' 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
WILL ASK IF THE NEXT LOWE 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) 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 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. APPROVAL OF ANY PRICE INCREASE RENEWS THE FIRM PRICE PERIOD.
THE CONTRACT HOLDER SHALL HONOR ALL PURCHASE ORDERS DATED PRIOR TO
THE APPROVED PRICE INCREASE ACCEPTANCE DATE AT THE ORIGINAL CONTRACT
PRICE. UPON REQUEST FROM USER AGENCIES, THE CONTRACT HOLDER WILL BE
REQUIRED TO FURNISH THE APPROVED CATALOG, PRICE SCHEDULE OR PRICE
LIST AT NO CHARGE.

PRICE INCREASE REJECTION

WHEN THE STATE REJECTS A REQUEST FOR A PRICE INCREASE, THE
CONTRACT HOLDER WILL BE NOTIFIED IN WRITING OF THE STATES 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.

REPORTS - QUARTERLY

THE SUCCESSFUL BIDDER SHALL BE REQUIRED TO SUBMIT QUARTERLY REPORTS
IN EXCEL FORMAT TO THE PURCHASING AGENT LISTED ON THE AWARDED
CONTRACT. THE QUARTERLY REPORTS WILL PROVIDE STATISTICAL DATA ON ALL
PURCHASES MADE FROM THE AWARDED CONTRACT BY STATE AGENCIES. IF THE
BIDDER EXTENDED THE BID OFFER TO LOCAL GOVERNMENTS AND AUTHORIZED
NON-PROFIT AGENCIES, THE QUARTERLY REPORTS WILL ALSO PROVIDE
STATISTICAL DATA ON ALL PURCHASES MADE FROM THE AWARDED CONTRACT BY
LOCAL GOVERNMENT UNITS AND AUTHORIZED NON-PROFIT AGENCIES PURSUANT TO
THE APPLICABLE TERM LOCATED IN THE INVITATION TO BID DOCUMENT TITLED
"PURCHASES BY LOCAL GOVERNMENT AND AUTHORIZED NON-PROFIT AGENCIES."

THE REPORT IS TO BE DETAILED, BROKEN DOWN BY LINE ITEM AND INCLUDE THE
FOLLOWING DATA:

1) CONTRACT NUMBER
2) AGENCY OR LOCAL GOVERNMENT UNIT OR NON-PROFIT AGENCY
3) CONTRACT LINE ITEM NUMBER
4) COMMODITY DESCRIPTION
5) LINE ITEM QUANTITY PURCHASED EACH QUARTER FOR EACH INDIVIDUAL
AGENCY, GOVERNMENTAL UNIT OR NON-PROFIT AGENCY.
6) LINE ITEM DOLLAR AMOUNT (VOLUME) PURCHASED EACH QUARTER FOR EACH
INDIVIDUAL AGENCY, GOVERNMENTAL UNIT OR NON-PROFIT AGENCY.
7) LINE ITEM QUANTITY PURCHASED TO DATE FOR EACH INDIVIDUAL AGENCY,
GOVERNMENTAL UNIT OR NON-PROFIT AGENCY.
8) LINE ITEM DOLLAR AMOUNT (VOLUME) PURCHASED TO DATE FOR EACH
INDIVIDUAL AGENCY, GOVERNMENTAL UNIT OR NON-PROFIT AGENCY.
9) SUB TOTALS FOR EACH CATEGORY ABOVE
10) GRAND TOTALS FOR EACH CATEGORY ABOVE.

WARRANTY PERIOD

HAND TOOLS SUPPLIED MUST CARRY A LIFETIME WARRANTY AGAINST DEFECTS IN
BREAKAGE. ANY TOOL WHICH FAILS DURING IT'S NORMAL, USEFUL LIFE TO
PERFORM SATIFACTORILY WILL BE REPAIRED OR REPLACED FREE OF CHARGE
WITHIN TWENTY-ONE (21) DAYS WHEN RETURNED TO THE DISTRIBUTION POINT
DISTRIBUTION POINTS AND/OR SERVICE REPRESENTATIVES. WARRANTY IS
NON-VALID IF FAILURE IS DUE TO OPERATOR ABUSE.

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 T
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 KNOWLING
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 T
HE 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 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
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 MAY APPEAL THE
IMPOSITION OF THE ONE-YEAR PROHIBITION BY UTILIZING AND 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:
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.
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.
GENERAL SPECIFICATIONS

CONTRACT ITEMS:
MECHANIC'S HAND TOOLS ARE DEFINED AS ANY TOOL SMALL ENOUGH TO BE
HELD OR MANIPULATED BY ONE OR TWO HANDS OF THE OPERATOR. E.I.,
CHISELS; HAMMERS; PLIERS; PUNCHES; SCREWDRIVERS; SOCKETS AND
SOCKET WRENCHES; TAPE RULES; WRENCHES; ETC., HAND TOOLS WHICH
REQUIRE HYDRAULIC PRESSURE; COMPRESSED AIR; OR ELECTRICITY FOR
OPERATION ARE NOT A PART OF THIS CONTRACT, I.E., JACKS, AUTOMOTIVE
TESTING OR PAINT EQUIPMENT, ETC.

TOOL DESIGN:
SOCKETS AND SOCKET WRENCHES; WRENCHES AND RELATED ITEMS ARE
REQUIRED TO BE CONSTRUCTED FROM TOP QUALITY STEEL, HEAT TREATED,
OIL QUENCHED AND NICKEL CHROME PLATED.

TOOL QUALITY STANDARD:
IN ORDER TO ESTABLISH A QUALITY STANDARD FOR BIDDERS TO INSURE
THE PURCHASE OF TOP QUALITY HAND TOOLS, BIDS ARE LIMITED TO
MANUFACTURER'S FIRST LINE TOOLS.

HAND TOOLS - COMPLETE LINE:
COMPLETE LINE OF HAND TOOLS ARE DEFINED AS CHISELS; PUNCHES;
NUT-DRIVERS; FEELER GAUGES; C-CLAMPS; RANGE OF STANDARD AND METRIC
SOCKET SETS; RANGE OF GENERAL TOOL SETS; TOOL BOXES; RANGE OF
SCREWDRIVERS; RANGE OF WRENCHES AND OTHER MISCELLANEOUS HAND TOOLS
NOT SPECIFICALLY STATED HEREIN.