THIS CONTRACT IS FOR THE PURCHASE OF REPLACEMENT PARTS FOR HERMAN
MILLER OPEN OFFICE LANDSCAPE PRODUCTS. THIS IS NOT FOR THE PURCHASE
OF NEW PRODUCT TO BUILD NEW CUBICLES. FOR PURCHASE OF NEW PRODUCT FOR
NEW CUBICLES, PLEASE GO TO STATEWIDE CONTRACT 230.
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 ONE OPTION 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

ALL ITEMS MUST BE DELIVERED WITHIN APPROXIMATELY 90 DAYS AFTER
RECEIPT OF A PURCHASE ORDER.

FREIGHT F.O.B. STATE AND LOCAL GOVERNMENT AGENCIES

ALL QUOTATIONS SHALL BE F.O.B. DESTINATION. THE TERM F.O.B.
DESTINATION SHALL MEAN DELIVERED AND UNLOADED ONTO THE RECEIVING DOCK
OF ANY STATE AGENCY AND, WHEN APPLICABLE, ANY LOCAL GOVERNMENT AGENCY
OR AUTHORIZED CORPORATION WITHIN THE STATE OF TENNESSEE, WITH ALL
CHARGES FOR TRANSPORTATION AND UNLOADING PREPAID BY THE
VENDOR/CONTRACTOR.

FIXED BID PRICE FOR CONTRACT PERIOD (NO PRICE INCREASE ALLOWED)

BID PRICES MUST BE FIXED FOR THE TERM OF THE CONTRACT, EXCEPT THE
STATE SHALL BE ADVISED OF AND RECEIVE THE 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.

REPORTS (3RD QUARTER)

AT THE END OF THE THIRD (3RD) QUARTER OF THE CONTRACT TERM, THE
VENDOR/CONTRACTOR SHALL FURNISH THE PURCHASING DIVISION A REPORT OF
THE TOTAL MONETARY VALUE OF ORDERS RECEIVED AND SHIPMENTS MADE. IF
REQUESTED TO DO SO, THE VENDOR/CONTRACTOR WILL BE REQUIRED TO FURNISH
DEPARTMENT OF GENERAL SERVICES, PURCHASING DIVISION, WITH A SUMMARY
BY ITEM OF THE TOTAL PURCHASES MADE UNDER THE CONTRACT.

BIDDER'S QUALIFICATION

BIDDERS MUST, UPON REQUEST OF THE STATE, FURNISH SATISFACTORY EVIDENCE
OF THEIR ABILITY TO FURNISH PRODUCTS OR SERVICES IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THESE SPECIFICATIONS. THE ASSISTANT
COMMISSIONER, DEPARTMENT OF GENERAL SERVICES, PURCHASING DIVISION,
RESERVES THE RIGHT TO MAKE THE FINAL DETERMINATION AS TO A BIDDER'S
ABILITY TO PERFORM.

RETURN GOODS POLICY FOR WARRANTY MATTERS

ALL COSTS ASSOCIATED WITH THE RETURN OF GOODS FOR REPAIR AND/OR
REPLACEMENT UNDER WARRANTY SHALL BE DONE AT THE EXPENSE OF THE VENDOR.

AUTHORIZED SERVICE CENTERS

THE VENDOR WILL ATTACH TO THIS BID INVITATION A LISTING OF ALL
AUTHORIZED FACTORY SERVICE CENTERS.

PROHIBITION OF ILLEGAL IMMIGRANTS

THE REQUIREMENTS OF PUBLIC ACTS OF 2006, CHAPTER NUMBER 878, OF THE
STATE OF TENNESSEE, 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.

THE CONTRACTOR HEREBY ATTESTS, CERTIFIES, WARRANTS, AND ASSURES THAT
THE CONTRACTOR SHALL NOT KNOWINGLY UTILIZE THE SERVICES OF AN ILLEGAL
IMMIGRANT IN THE PERFORMANCE OF THIS CONTRACT AND SHALL NOT
KNOWINGLY UTILIZE THE SERVICES OF ANY SUBCONTRACTOR WHO WILL UTILIZE
THE SERVICES OF AN ILLEGAL IMMIGRANT IN THE PERFORMANCE OF THIS
CONTRACT. THE CONTRACTOR SHALL REAFFIRM THIS ATTESTATION, IN WRITING,
BY SUBMITTING TO THE STATE A COMPLETED AND SIGNED COPY OF THE
DOCUMENT AS ATTACHMENT 1, SEMI-ANNUALLY DURING THE PERIOD OF THIS
CONTRACT. SUCH ATTESTATIONS SHALL BE MAINTAINED BY THE CONTRACTOR
AND MADE AVAILABLE TO STATE OFFICIALS UPON REQUEST.

PRIOR TO THE USE OF ANY SUBCONTRACTOR IN THE PERFORMANCE OF THIS
CONTRACT, AND SEMI ANNUALLY THEREAFTER, DURING THE PERIOD OF THIS
CONTRACT, THE CONTRACTOR SHALL OBTAIN AND RETAIN A CURRENT, WRITTEN
ATTESTATION THAT THE SUBCONTRACTOR SHALL NOT KNOWINGLY UTILIZE THE
SERVICES OF AN ILLEGAL IMMIGRANT TO PERFORM WORK RELATIVE TO THIS
CONTRACT AND SHALL NOT KNOWINGLY UTILIZE THE SERVICES OF ANY SUB-
CONTRACTOR WHO WILL UTILIZE THE SERVICES OF AN ILLEGAL IMMIGRANT TO
PERFORM WORK RELATIVE TO THIS CONTRACT. ATTESTATIONS OBTAINED FROM
SUCH SUBCONTRACTORS SHALL BE MAINTAINED BY THE CONTRACTOR AND MADE
AVAILABLE TO STATE OFFICIALS UPON REQUEST.

THE CONTRACTOR SHALL MAINTAIN RECORDS FOR ALL PERSONNEL USED IN THE
PERFORMANCE OF THIS CONTRACT. SAID RECORDS SHALL BE SUBJECT TO
REVIEW AND RANDOM INSPECTION AT ANY REASONABLE TIME UPON REASONABLE
NOTICE BY THE STATE.

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 PERIOD OF ONE YEAR AFTER A CONTRACTOR IS DISCOVERED TO
HAVE KNOWINGLY USED THE SERVICES OF ILLEGAL IMMIGRANTS DURING 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.

BY BIDDER SIGNATURE IN BOX 23 ON THE FACE OF THIS DOCUMENT, THE
CONTRACTOR, DOES HEREBY ATTEST, CERTIFY, WARRANT, AND ASSURE THAT THE
CONTRACTOR SHALL NOT KNOWINGLY UTILIZE THE SERVICES OF AN ILLEGAL
IMMIGRANT IN THE PERFORMANCE OF THIS CONTRACT AND SHALL NOT KNOWINGLY
UTILIZE THE SERVICES OF ANY SUBCONTRACTOR WHO WILL UTILIZE THE SERVICE
OF AN ILLEGAL IMMIGRANT IN THE PERFORMANCE OF THIS CONTRACT.

OPEN OFFICE LANDSCAPE INSTALLATION SPECIFICATIONS

1. AT THE ELECTION OF THE STATE, THE VENDOR/CONTRACTOR WILL BE
RESPONSIBLE FOR RECEIPT OF ALL PRODUCTS, UNLOADING INSIDE DELIVERY
AND PROTECTION OF SAME; COORDINATING DELIVERY TIME WITH DEPARTMENT
OF FINANCE AND ADMINISTRATION AND USER AGENCY AT NO ADDITIONAL
COST TO THE STATE. THE VENDOR/CONTRACTOR MUST BE PREPARED TO WARE-
HOUSE INCOMPLETE SHIPMENTS UNTIL ALL ESSENTIAL PRODUCTS ARE AVAIL-
ABLE FOR COMPLETE INSTALLATION. WAREHOUSING MAY ALSO BE REQUIRED
IF PRODUCT IS NOT DELIVERED PRECISELY AS ACKNOWLEDGED AND/OR TO
BETTER COORDINATE INSTALLATION SCHEDULING. AN INSTALLATION
SCHEDULE SHOULD BE ESTABLISHED AND ADHERED TO. AFTER AWARD, WHEN
THE STATE ELECTS TO USE THIS FEATURE, THE PERCENTAGE QUOTED BY THE
SUCCESSFUL BIDDER WILL BE APPLIED TO THE NET PRODUCT TOTAL.

2. AS THE CONTRACT PROCEEDS, THE CONTRACTOR SHOULD UTILIZE CREWS
EXPERIENCED IN STATE INSTALLATIONS.

3. INSTALLERS WILL BE RESPONSIBLE FOR COORDINATING WITH BUILDING
MANAGEMENT OFFICIALS AND LOCAL MUNICIPAL AUTHORITIES, OBTAINING
ALL NECESSARY PERMITS INCLUDING REQUIRED INSURANCE, AS APPLICABLE.
AWARDED VENDOR(S) ARE REMINDED THAT IT IS THEIR RESPONSIBILITY TO
OBTAIN AND BE FAMILIER WITH ANY PARTICULAR RULES OR REGULATIONS
PERTAINING TO ACCESS TO BUILDING WORK SITES. INSTALLATION IS TO
INCLUDED CLEAN-UP AND REMOVAL OF ANY AND ALL PACKING MATERIALS AND
TRASH FROM THE BUILDING UPON COMPLETION OF THE JOB.

4. ALL PANELS AND COMPONENTS ARE TO BE INSTALLED IN ACCORDANCE WITH
THE INSTALLATION DRAWINGS WHICH ARE FURNISHED AND/OR APPROVED BY
THE DIVISION OF FACILITIES MANAGEMENT, DEPARTMENT OF FINANCE AND
ADMINISTRATION, STATE OF TENNESSEE.

OPEN OFFICE LANDSCAPE DESIGN SPECIFICATIONS

1. DATA BASE:
A. THE STATE WILL UTILIZE AN IN-HOUSE DESIGN STAFF AND COMPUTER-
AIDED-DESIGN SYSTEM (CAD). THEREFORE, WITHIN 45 DAYS OF THE
CONTRACT AWARD, THE VENDOR SHALL SUPPLY AT NO COST TO THE
STATE, A COMPLETE ELECTRONIC DATA BASE, BOTH GRAPHIC AND
CATALOG INFORMATION, THAT IS FULLY COMPATIBLE WITH EITHER
"FIRST PASS" OR "PASS" SOFTWARE PACKAGE AS PRODUCED BY:

DATA ONE, INC.
2346 S. LYNHURST DRIVE
SUITE A-201
INDIANA-POLIS, IN 462411
PHONE: (317) 244-2999


2. AT THE ELECTION OF THE STATE AND WITH PRIOR APPROVAL OF THE
DIVISION OF FACILITIES MANAGEMENT, DEPARTMENT OF FINANCE AND
ADMINISTRATION, THE VENDOR/CONTRACTOR SHALL PROVIDE FULL DESIGN
SERVICES FROM ABOVE DATA BASE AND TURNED INTO THE STATE IN ELEC-
TRONIC FORMAT TO INCLUDE:

A. PROGRAMMING:
DETERMINING, WITH THE CONSULTATION OF THE USER AGENCY AND THE
OFFICE OF THE DIVISION OF FACILITIES MANAGEMENT, DEPARTMENT OF
FINANCE AND ADMINISTRATION, THE GOALS, OBJECTIVES AND LIMITA-
TIONS. THE ON-SITE INSPECTION WITH FIELD MEASUREMENTS SHALL BE
REQUESTED.

B. COMMUNICATION/ADJACENCY STUDY:
DESIGNS WILL CONSIDER THE ORGANIZATIONAL INTERACTION OF INDIV-
IDUALS AND GROUPS SO THE SPACE PLAN WILL EMPHASIZE, IMPROVE
OR, AT MANAGEMENT'S DIRECTION, ALTER SUCH STUDY.

C. EQUIPMENT NEEDS:
BOTH INDIVIDUAL AND GROUP STANDARDS SHALL BE SET WHERE
POSSIBLE. RECOGNITION OF SIMILAR SOLUTIONS IN OTHER LOCATIONS
AND/OR DEPARTMENTS MAY BE NECESSARY TO INSURE UNIFORMITY.

D. SPACE PLANNING/INTERIOR DESIGN:
PLANS SHOULD INDICATE LOCATION OF ALL EXISTING STRUCTURAL
ELEMENTS AND ANY REQUIRED NEW CONSTRUCTION. IF REQUIRED BY
FACILITIES MANAGEMENT, DEP'T. OF FINANCE AND ADMINISTRATION,
ELECTRICAL NEEDS, SPECIAL CONSTRUCTION, AND COLOR COORDINATION
SHALL BE NOTED ON PLANS. PLAN HEIGHTS, COLORS, ACOUSTICAL AND
FABRIC PANEL LOCATIONS, AND COMPONENT ELEVATIONS, AND EXISTING
STATE EQUIPMENT PLANS FOR REUSE SHOULD BE CONSIDERED IN PRE-
PARING COMPLETE, FUNCTIONAL AND ATTRACTIVE PLANS AND SHOULD BE
CLEARLY IDENTIFIED FOR REVIEW.

E. IN REVIEWING PLANS THAT MAY REQUIRE NEW CONSTRUCTION AND
DESIGN, VENDOR/CONTRACTORS SHOULD NOTE THE FEASIBILITY OF
USING EXISTING STATE COMPONENTS WHICH SHOULD BE SCHEDULED FOR
RE-USE AND CLEARLY NOTED IN THE DESIGN.

F. INSTALLATION DRAWINGS:
CLEAR, CONCISE PLAND AND/OR ELEVATIONS SUITABLE FOR REVIEW BY
THE STATE AND USE BY INSTALLATION CREWS SHALL BE FURNISHED

G. SPECIFICATIONS AND DRAWINGS:
INCLUDING REPRODUCIBLE COPIES, SHALL BE PROVIDED TO USER
AGENCIES AND THE FACILITIES MANAGEMENT DIVISION, DEPARTMENT
OF FINALCE AND ADMINISTRATION, THE RESPONSIBLE AUTHORITY ON
ALL DESIGNS AND SPECIFICATIONS. AFTER AWARD, WHEN THE STATE
ELECTS TO USE THIS FEATURE, THE PERCENTAGE QUOTED BY THE
SUCCESSFUL BIDDER WILL BE APPLIED TO THE NET PRODUCT TOTAL.

H. RE-DESIGN AND RE-INSTALLATION:
DURING THE COURSE OF THE CONTRACT, IT MAY BECOME NECESSARY TO
RE-DESIGN AND/OR RE-INSTALL STATE-OWNED OPEN OFFICE LANDSCAPE
PRODUCTS. ALL DESIGNS AND INSTALLATIONS WOULD REQUIRE PRIOR
APPROVAL OF FACILITIES MANAGEMENT DIVISION, DEPARTMENT OF
FINANCE AND ADMINISTRATION. THE STATE AGENCY, IN CONJUNCTION
WITH THE FACILITIES MANAGEMENT DIVISION, DEPARTMENT OF FINANCE
AND ADMINISTRATION, WILL BE RESPONSIBLE FOR MONITORING THESE
JOBS. BIDDERS ARE REQUESTED TO STATE A PRICE PER MAN HOUR FOR
RE-DESIGN AND RE-INSTALLATION ON THE QUOTATION SHEET.

I. PRODUCT LINES:
THE STATE DESIRES TO HAVE ACCESS TO A FULL LINE OF PRODUCTS.
PRODUCT LINES SHOULD INCLUDE ITEMS OTHER THAN THOSE LISTED ON
ATTACHED PLANS. EXAMPLES OF PRODUCT LINES REQUESTED SHOULD
INCLUDE, BUT NOT NECESSARILY LIMITED TO, THE FOLLOWING ITEMS,
SUBJECT TO THE DISCOUNT REFERRED TO IN PARAGRAPH 5, PAGE 4:

A. GLAZED PANELS
B. SHELF DIVIDERS
C. NEW OPEN OFFICEE SYSTEM PRODUCTS INTRODUCED AFTER
CONTRACT AWARD
D. FREE STANDING ITEMS
E. REPAIR AND REPLACEMENT PARTS
F. WIRE MANAGEMENT, THROUGH PANEL INTEGRALLY OR ATTACHED
TO SURFACE
G. ANY OTHER ITEMS SUCH AS FREESTANDING DESKS, COMPUTER
FURNITURE AND LABORATORY FURNISHINGS, MAY BE SUBMITTED AS
PART OF THE CATALOG AND WILL BE SUBJECT TO THE DISCOUNT
GIVEN IN RESPONSE TO PARAGRAPH 19, PAGE 4. AT THE OPTION OF
THE STATE, SUCH ITEMS MAY BE PURCHASED, HOWEVER, THE VOLUME
OF SUCH PURCHASES IS EXPECTED TO BE RELATIVELY SMALL IN
PROPORTION TO THE OPEN OFFICE LANDSCAPE SYSTEM PRODUCTS
AND IS NOT EXPECTED TO EXCEED 10%.