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.)

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.

BID OFFER EXPIRATION

ENTER THE EXPIRATION DATE OF YOUR BID OFFER IN THE SPACE PROVIDED ON
THE FRONT OF THIS INVITATION. A MINIMUM PERIOD OF 30 DAYS FROM THE
CLOSING DATE IS REQUESTED. THE STATE SHALL HAVE 60 DAYS TO ACCEPT THE
BID IF A MINIMUM PERIOD IS NOT STATED.

DELIVERY TIME (DAYS)

ALL ITEMS MUST BE DELIVERED WITHIN APPROXIMATELY NINTY (90) DAYS AFTER
RECEIPT OF PURCHASE ORDER.

AWARD CRITERIA

AN AWARD SHALL BE MADE TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER
CONSIDERING THE FOLLOWING:

ABILITY TO PERFORM
CONFORMITY TO SPECIFICATIONS

VENDOR CONTRACT ADMINISTRATOR (LISTING)

BUSINESS CONTACT - PERSON WHO CAN SERVE AS PROJECT MANAGER FOR THIS
CONTRACT

NAME:_____________________________________________


TITLE:____________________________________________


ADDRESS:__________________________________________

__________________________________________


PHONE:(A/C) _______ NUMBER __________________

FAX: (A/C) _______ NUMBER __________________

E-MAIL ADDRESS: _____________________________

TECHNICAL CONTACT (IF DIFFERENT FROM ABOVE) - PERSON WITHIN YOUR
ORGANIZATION WHO CAN ASSIST WITH THE CREATION OF AN ELECTRONIC
PRODUCT CATALOG FOR YOUR CONTRACT LINE ITEMS


NAME:_____________________________________________


TITLE:____________________________________________


ADDRESS:__________________________________________

__________________________________________


PHONE:(A/C) _______ NUMBER __________________

FAX: (A/C) _______ NUMBER __________________

E-MAIL ADDRESS: _____________________________

CORPORATE E-COMMERCE CONTACT - (IF DIFFERENT FROM ABOVE) PERSON WITHIN
YOUR ORGANIZATION WHO BEST UNDERSTANDS THE COMPANY E-COMMERCE
INITIATIVES AND WILL COMMUNICATE THESE INITIATIVES TO THE ORGANIZATION

NAME:_____________________________________________


TITLE:____________________________________________


ADDRESS:__________________________________________

__________________________________________


PHONE:(A/C) _______ NUMBER __________________

FAX: (A/C) _______ NUMBER __________________

E-MAIL ADDRESS: _____________________________
SPECIFICATIONS GOVERN OVER BRAND NAMES LISTED

THE ACCEPTABLE BRANDS AND MODEL NUMBERS ARE BELIEVED TO MEET ALL
WRITTEN SPECIFICATIONS. HOWEVER, IF AN ERROR EXISTS, THE
DEFINITIVE SPECIFICATIONS WILL GOVERN.
SUBCONTRACTING: RESPONSIBILITIES AND LIABILITIES

THE CONTRACTOR SHALL NOT ENTER INTO ANY SUBCONTRACT FOR SERVICES
WITHOUT THE WRITTEN CONSENT OF THE DEPUTY COMMISSIONER, DEPARTMENT OF
GENERAL SERVICES, PURCHASING DIVISION. THE AWARDED CONTRACTOR IS
RESPONSIBLE FOR WORK, SERVICE, PERFORMANCE, CONTRACTUAL LIABILITY
WORKERS' COMPENSATION INJURIES OF EMPLOYEES AND SUBS (UNLESS
SUBCONTRACTOR ASSUMES RESPONSIBILITY AND FURNISHES AN ORIGINAL
CERTIFICATE OF INSURANCE AS PROOF OF INSURANCE FOR WORKERS'
COMPENSATION AND NAMING THE STATE OF TENNESSEE AS ADDITIONALLY INSURED
FOR GENERAL LIABILITY), AND PAYMENT TO THE SUBCONTRACTOR. ALL COSTS
INCURRED FOR SUBCONTRACTING MUST BE INCLUDED IN THE BID PRICE.

THE SUCCESSFUL BIDDER(S) WILL BE REQUIRED TO FURNISH A LABOR AND
MATERIAL SURETY BOND ISSUED BY A SURETY COMPANY LICENSED TO DO
BUSINESS IN THE STATE OF TENNESSEE IN THE AMOUNT OF TWENTY-FIVE (25) %
OF THE TOTAL CONTRACT AMOUNT. SUCH BOND SHALL BE FURNISHED TO THE
PURCHASING DIVISION WITHIN TEN (10) WORKING DAYS AFTER THE REQUEST.
THE SURETY BOND WILL INSURE THAT THE CONTRACTOR WILL PAY FOR ALL LABOR
AND MATERIALS USED BY THE CONTRACTOR, OR ANY IMMEDIATE OR REMOTE
SUBCONTRACTOR UNDER THE CONTRACTOR, IN SUCH CONTRACT, IN LAWFUL MONEY
OF THE UNITED STATES.


LIST BELOW THE NAME, COMPLETE ADDRESS AND PHONE NUMBER OF ALL
SUBCONTRACTOR(S):

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

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.