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.

DELIVERY TIME (DAYS)

ALL ITEMS MUST BE DELIVERED WITHIN APPROXIMATELY 15 DAYS AFTER
RECEIPT OF A PURCHASE ORDER.

MINIMUM ORDER (EXEMPTION)

ALL AGENCIES EXCEPT FOR TDOT:
INDIVIDUAL ORDERS FOR LESS THAN $300.00 ARE EXEMPT FROM PURCHASE
FROM THIS CONTRACT. USER AGENCIES WILL PURCHASE BY APPLICABLE
PURCHASING PROCEDURES.

TDOT:
INDIVIDUAL ORDERS FOR LESS THAN $5,000.00 ARE EXEMPT FROM PURCHASE
FROM THIS CONTRACT. TDOT AGENCIES WILL PURCHASE BY APPLICABLE
PURCHSING PROCEDURES.
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.

FIRM BID PRICE PERIOD (PRICE INCREASE ALLOWED AFTER TIME FRAME)

PRICES QUOTED SHALL BE FIRM FOR 180 DAYS FOLLOWING THE DATE OF THE
AWARD, 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.

WRITTEN REQUESTS FOR PRICE CHANGES IN TERM CONTRACTS 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 THE 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 LIST PRICE.
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) 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. 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 RENEWS 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.

VENDOR REPORTING

CONTRACT VENDORS WILL BE REQUIRED TO SUBMIT REPORTS VALIDATING
CONTRACT PURCHASES, INCLUDING PURCHASES MADE BY LOCAL GOVERNMENTS, BY
PERIOD, LINE ITEM AND RECEIVING LOCATION. REPORTS WILL DETAIL A
MINIMUM THE FOLLOWING INFORMATION:

1. CONTRACT NUMBER
2. CONTRACT LINE ITEM NUMBERT
3. COMMODITY DESCRIPTION
4. LINE ITEM QUANTITY PURCHASED
5. LINE ITEM DOLLAR AMOUNT (VOLUME) PURCHASED

ADDITIONAL REPORT DETAILS MAY BE REQUIRED WITH A THIRTY (30) DAY
WRITTEN NOTICE. REPORTS ARE DUE AT THE PURCHASING DIVISION OFFICE IN
THE FIRST WEEK OF THE FOURTH (4TH) QUARTER OF THE CONTRACT TERM.
REPORTS MUST BE SUBMITTED ELECTRONICALLY OR BY DIGITAL APPLIANCE IN
MICROSOFT EXCEL FORMAT. SEMI-ANNUAL OR QUARTERLY REPORTS MAY BE
REQUESTED IN WRITING BY THE CONTRACT ADMINISTRATOR WITH A THIRTY (30)
DAY WRITTEN NOTICE TO THE VENDOR.

INSPECTION/FACILITIES

THE PURCHASING DIVISION MAY INSPECT THE FACILITIES OF ANY BIDDER OR
MAY REQUIRE ADDITIONAL INFORMATION REGARDING A BIDDER'S ABILITY TO
PERFORM THE PROPOSED CONTRACT. BIDS MAY BE REJECTED FOR LACK OF
APPARENT ABILITY TO PERFORM THE PROPOSED CONTRACT.

INSPECTION

ALL MATERIALS, EQUIPMENT, AND SUPPLIES ARE SUBJECT TO INSPECTION AND
TESTING. ITEMS THAT DO NOT MEET SPECIFICATIONS WILL BE REJECTED.
FAILURE TO REJECT UPON RECEIPT DOES NOT RELIEVE THE CONTRACTOR OF
LIABILITY. WHEN SUBSEQUENT TESTS AFTER RECEIPT ARE CONDUCTED AND
WHEN SUCH TESTS REVEAL DAMAGE OR FAILURE TO MEET SPECIFICATIONS, THE
STATE MAY SEEK DAMAGES REGARDLESS OF WHETHER A PART OR ALL OF THE
MERCHANDISE HAS BEEN CONSUMED.

BID EVALUATION - USING THE LOWEST COST DENOMINATORS:

1) THE FOLLOWING LINE ITEMS WILL BE EVALUATED AND AWARDED TO THE
BIDDER WITH THE LOWEST COST PER OUNCE:

LINES AWARDED COST PER OUNCE:
00009, 00010, AND 00018

2) THE FOLLOWING LINE ITEMS WILL BE EVALUATED AND AWARDED TO THE
BIDDER WITH THE LOWEST COST PER GALLON:

LINES AWARDED COST PER GALLON:
00001, 00002, 00004, 00007, 00011, 00012, 00013,
00014, 00019, 00025, 00026,00034, AND 00035

3) THE FOLLOWING LINE ITEMS WILL BE EVALUATED AND AWARDED TO THE
BIDDER WITH THE LOWEST COST PER POUND:

LINES AWARDED COST PER POUND:
00005, 00006, AND 00008

4) THE FOLLOWING LINES HAVE BEEN CANCELED:
00003, 00015--00017, 00020--00024, AND 00027--00033


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.

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.

REFERENCES FOR QUALIFICATIONS FOR TEACHING

THE VENDOR SHALL HAVE TAUGHT TRAINING CLASSES FOR ONE YEAR TO INCLUDE
SAFETY, CHEMICALS AND THE USE OF EQUIPMENT. A BIDDER MUST FURNISH
SATISFACTORY EVIDENCE OF CONDUCTING TRAINING OF COMPARABLE HERBICIDES
FOR AT LEAST THREE CUSTOMERS WITHIN THE PAST TWO YEARS AND ANY OTHER
EVIDENCE REQUIRED AND REQUESTED IN ORDER TO ESTABLISH EVIDENCE OF
HIS/HER ABILITY TO PROVIDE TRAINING IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THE SPECIFICATIONS. THE BIDDER MUST ENTER, IN THE
SPACE PROVIDED BELOW, THE LENGTH OF TIME IN INSTRUCTION AND
EVIDENCE OF CONDUCTING THREE COMPARABLE TRAINING SESSIONS.

FAILURE TO PROVIDE EVIDENCE OF AT LEAST THREE COMPARABLE TRAINING
SESSIONS WITH SATISFACTORY RESULTS MAY RESULT IN THE BID BEING
CONSITERED NON-RESPONSIVE AND CAUSE FOR REJECTION OF THE BID.

YEARS OF EXPERIENCE IN TRAINING ________________________________

DESCRIPTION OF TRAINING CONDUCTED:

__________________________________________________________

1. COMPARABLE TRAINING CONDUCTED:

COMPANY NAME/ADDRESS: _________________________________

________________________________________________

________________________________________________

CONTACT PERSON: _______________________________________

PHONE NUMBER: _________________________________________


2. COMPARABLE TRAINING CONDUCTED:

COMPANY NAME/ADDRESS: _________________________________

______________________________________________

______________________________________________

CONTACT PERSON: _______________________________________

PHONE NUMBER: _________________________________________


3. COMPARABLE TRAINING CONDUCTED:

COMPANY NAME/ADDRESS: _________________________________

______________________________________________

______________________________________________

CONTACT PERSON: _______________________________________

PHONE NUMBER: _________________________________________


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: _____________________________
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):

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

GENERAL REQUIREMENTS

ALL PRODUCTS BID MUST HAVE A FORMULATED EPA REGISTERED NUMBER. THIS
EPA NUMBER MUST BE LISTED ON THE BID PAGE.

ENVIRONMENTAL PROTECTION AGENCY (EPA) REGISTERED LABEL SHALL BE
PROMINENTLY DISPLAYED ON EACH PROVIDED CONTAINER. UPDATED AND CURRENT
MATERIAL SAFETY DATA SHEETS (MSDS) MUST BE PROVIDED IN EACH SHIPMENT.
ALL PRODUCTS BID MUST BE REGISTERED WITH THE STATE OF TENNESSEE
DEPARTMENT OF AGRICULTURE AT THE TIME OF THE BID OPENING.

ALL CONTAINERS MUST HAVE GALLON/LITER OR OUNCE/POUND INCREMENT
MARKINGS ON THE SIDE OF THE CONTAINER.

TECHNICAL ASSISTANCE AND SERVICE

MANUFACTURER REPRESENTATIVE MUST PROVIDE TECHNICAL SUPPORT TO TDOT
AND OTHER AGENCIES FOR ANY HEALTH, LEGAL, TECHNICAL, CHEMICAL RESIDUE
SAMPLING, OR PUBLIC RELATIONS NEEDS.

VENDOR SHALL PROVIDE A TOLL FREE NUMBER FOR TECHNICAL SERVICE DURING
NORMAL BUSINESS HOURS OF 8:00 A.M. TO 5:00 P.M. CENTRAL TIME. THE
VENDOR SHALL RESPOND TELEPHONICALLY TO A REQUEST FOR TECHNICAL
ASSISTANCE WITHIN TWO HOURS. VENDOR SHALL PROVIDE ON-SITE SUPPORT
WITHIN TWENTY-FOUR HOURS OF INITIAL REQUEST FROM THE STATE.
MANUFACTURER REPERESENTATIVE MUST HOLD A PROFESSIONAL DEGREE IN
HORTICULTURE, ARBORCULTURE, CROP SCIENCE, OR FORESTRY. EVIDENCE
OF THIS DEGREE MUST BE SUBMITTED WITH BID.


TRAINING REQUIREMENTS

MANUFACTURER REPRESENTATIVE MUST BE QUALIFIED TO TEACH CLASSES THAT
MEET THE NEEDS OF EPA WORKER PROTECTION STANDARDS, GENERAL HERBICIDE
SAFETY, MODE OF ACTION, HANDLING, AND APPLICATION. THESE CLASSES
SHOULD ENABLE THE INDIVIDUALS COMPLETING THE CLASSES TO EARN
PESTICIDE LICENSE RENEWAL POINTS FROM THE TENNESSEE DEPARTMENT
OF AGRICULTURE. AWARDED VENDOR IS TO CONTACT KATHY BOOKER AT
(615) 837-5133 TO PRESENT TRAINING INFORMATION FOR EVALUATION.

MANUFACTURER REPRESENTATIVE SHALL BE QUALIFIED TO TRAIN ON USE OF
REFILLABLE CONTAINERS, CALIBRATION OF EQUIPMENT, AND CONTAINER RETURN.
SAFETY, MODE OF ACTION, HANDLING, AND APPLICATION. THESE CLASSES
SHOULD ENABLE THE INDIVIDUALS COMPLETING THE CLASSES TO EARN
PESTICIDE LICENSE RENEWAL POINTS FROM THE TENNESSEE DEPARTMENT
OF AGRICULTURE. AWARDED VENDOR IS TO CONTACT KATHY BOOKER AT
(615) 837-5133 TO PRESENT TRAINING INFORMATION FOR EVALUATION.

MANUFACTURER REPRESENTATIVE TRAINING SHALL BE REQUIRED TWICE A YEAR.
A 7.5 HOUR CLASS IN THE SPRING AND A 7.5 HOUR CLASS IN THE FALL. THE
TRAINING CLASSES SHALL BE HELD AT EACH OF THE TDOT FOUR REGION
FACILITIES AND SHALL BE FOR APPROXIMATELY 30 PEOPLE AT EACH LOCATION.

MANUFACTURING REPRESENTATIVE TRAINING FOR REFILLABLE/RETURNABLE
CONTAINER SYSTEMS SHALL BE PROVIDED AT EACH SHIP TO LOCATION
(ESTIMATE FOUR TDOT LOCATIONS) AND SHALL INCLUDE TRAINING FOR
CHEMICALS, ALL EQUIPMENT, AND SAFETY TRAINING. REQUEST TRAINING
WITHIN THREE DAYS OF RECEIPT OF THE FIRST SHIPMENT RECEIVED
AT EACH SHIP TO LOCATION.




SPECIFICATIONS AND FORMULATIONS

LINE 1, 675-74-047597

ACTIVE INGREDIENTS: GLYPHOSATE: N-(PHOSPHONOMETHYL) GLYCINE,
ISOPROPYLAMINE SALT................................................41%
INERT INGREDIENTS: NO GREATER THAN.............................59%
TOTAL..........100%
ACCEPTABLE BRANDS: RAZOR PRO
ROUND-UP PRO
OR EQUAL


LINE 2, 675-74-047599
ACTIVE INGREDIENTS: ISOPROPYLAMINE SALT OF IMAZAPYR (2-/4,5
DIHYDRO-4-METHYL-4-(1-METHYLETHYL)-5-OXO-1 H-IMIDAZOL-2YL/-3-
PYRIDINECARBOXYLIC ACID)......................................26.7%
INERT INGREDIENTS: NO GREATER THAN...........................73.3%
TOTAL.........100.0%
ACCEPTABLE BRANDS: POLARIS
HABITAT
OR EQUAL


LINE 4, 675-74-047598
ACTIVE INGREDIENTS: GLYPHOSATE, N-(PHOSPHONOMETHYL) GLYCINE, IN
THE FORM OF ITS ISPROPYLAMINE SALT............................53.8%
INERT INGREDIENTS: NO GREATER THAN...........................46.2%
TOTAL.........100.0%
ACCEPTABLE BRANDS: AQUA STAR
GLYPRO
AQUA NEAT
OR EQUAL


LINE 5 AND LINE 6, 675-74-059518
ACTIVE INGREDIENTS: SULFOMETURON METHYL {METHYL 2-////(4,6-
DIMETHYL-2-PYRIMIDINYL)AMINO/ CARBONYL/AMINO/SULFONYL/
BENZOATE}.....................................................75.0%
INERT INGREDIENTS: NO GREATER THAN...........................25.0%
TOTAL.........100.0%

EXTRUDED GRANULE OR PELLET FORMULATION IN 3 LB. OR 5 LB. CONTAINER
ACCEPTABLE BRANDS: SPYDER
OUST XP
SFM-75
OR EQUAL


LINE 7, 675-74-047833
ACTIVE INGREDIENTS: FOSAMINE AMMONIUM (AMMONIUM SALT OF FOASMINE
/ ETHYL HYDROGEN (AMINOCARBONYL) PHOSPHONATE/)................41.5%
INERT INGREDIENTS: NO GREATER THAN...........................58.5%
TOTAL.........100.0%
ACCEPTABLE BRANDS: KRENITE S
OR EQUAL


LINE 8, 675-74-047834
ACTIVE INGREDIENTS: DIURON...................................62.22%
IMAZAPYR......................................................7.78%
INERT INGREDIENTS: NO GREATER THAN...........................30.0%
TOTAL.........100.0%

ACCEPTABLE BRANDS: SAHARA DG
OR EQUAL

LINE 9 AND LINE 10, 675-74-059519
ACTIVE INGREDIENTS: METSULFURON METHYL (METHYL -////
(4-METHOXY-6-METHYL-1,3,5-TRIAZIN-2-YL)AMINO/CARBONYL/
AMINO/SULFONYL) BENZOATE).....................................60.0%
INERT INGREDIENTS: NO GREATER THAN...........................40.0%
TOTAL.........100.0%
EXTRUDED GRANULE OR PELLET IN 8 OZ. CONTAINER
OR 16 OZ. CONTAINER
ACCEPTABLE BRANDS: AMTIDE 60DF
ESCORT XP
MSM 60 DF
OR EQUAL


LINE 11, 675-74-047835 AND LINE 26, 675-74-070767
ACTIVE INGREDIENTS: (+/-)-2/4,5-DIHYDRO-4-METHY-4-(1-METHYLETHYL)
-5-OXO-1H-IMIDAZOL-2-YL/ -5-METHYL-3-PYRIDINECARBOXYLIC ACID
(AMMONIUM SALTS OF)...........................23.3%....OR.....23.6%
INERT INGREDIENTS: NO GREATER THAN...........76.7%....OR.....76.4%
TOTAL.........100.0%
ACCEPTABLE BRANDS: PLATEAU
PANORAMIC 2SL
OR EQUAL


LINE 12, 675-74-047836
ACTIVE INGREDIENTS: FLUAZIFOP-P-BUTYL BUTYL (R) -2/4-//5
(TRIFLUORO METHYL)-2-PYRIDNYL/OXY/PHENOXY/PROPONATE.>.........24.5%
INERT INGREDIENTS: NO GREATER THAN...........................75.5%
TOTAL.........100.0%
ACCEPTABLE BRANDS: FUSILADE DX
OR EQUAL


LINE 11, 675-74-047837
ACTIVE INGREDIENTS: DIGLYCOLAMINE SALT OF 3,6 -
DICHLORO-O-ANISIC ACID........................................56.8%
INERT INGREDIENTS: NO GREATER THAN...........................43.2%
TOTAL.........100.0%
ACCEPTABLE BRANDS: VANQUISH
OR EQUAL


LINE 14, 675-74-47839 (NON-IONIC SURFACTANT)
PRIMARY COMPONENTS: ALKYLARYLPOLYOXYETHEYLENE AND OTHER
INGREDIENTS...................................................90.0%
INERT INGREDIENTS: NO GREATER THAN...........................10.0%
TOTAL.........100.0%
ACCEPTABLE BRANDS: ACTIVATE PLUS 90
CANNON
INVADE 90
OR EQUAL


LINE 18, 675-74-052543
ACTIVE INGREDIENTS: SULFOSULFURON.............................75.0%
INERT INGREDIENTS: NO GREATER THAN...........................25.0%
TOTAL..........100.0%
ACCEPTABLE BRANDS: OUTRIDER
OR EQUAL


LINE 19, 675-74-068760
ACTIVE INGREDIENTS: TRIISOPROPANOLAMMONIUM SALT OF 2-PYRIDINE
CARBOXYLIC ACID, 4-AMINO -3, 6-DICHLORO-......................40.6%
INERT INGREDIENTS: NO GREATER THAN...........................59.4%
TOTAL.........100.0%
ACCEPTABLE BRANDS: MILESTONE VM
OR EQUAL


LINE 25 AND LINE 26: REFILLABLE/RETURNABLE CONTAINERS


***LINE 25 AND LINE 26: ONLY THE MANUFACTURER BRANDS LISTED SHALL BE
ACCEPTABLE; ALL OTHER PRODUCTS BID SHALL BE REJECTED.


LINE 25 AND LINE 26: 675-74-070766, 675-74-070767

SPECIFICATIONS FOR 15 GALLON REFILLABLE/RETURNABLE CONTAINERS
1. ONLY ACCEPTABLE CONTAINERS SHALL BE CENTER SUMP LOADED, HAVE A
SINGLE CENTER BUNG, AND HAVE A CONVEX BOTTOM.
2. CONTAINERS MUST HAVE BOTH GALLON AND LITER INCREMENTS ON THE SIDE
OF THE DRUM.
3. CONTAINERS SHALL HAVE A NEUTRAL COLOR TO FACILITATE DETERMINING
THE AMOUNT OF PRODUCT IN CONTAINER.
4. CONTAINERS SHALL BE DOT APPROVED FOR USE AS A "RETURNABLE". NO
ONE-WAY CONTAINERS SHALL BE ACCEPTED.
5. CONTAINERS SHALL HAVE HANDLING RINGS ON THE TOP AND BOTTOM OF
THE CONTAINER AND SHALL BE CAPABLE OF HOLDING UP TO 15 GALLONS
OF PRODUCT.
6. CONTAINERS SHALL HAVE A STAINLESS STEEL MICROMATIC VALVE.


SPECIFICATION FOR MINIMUM ORDERS AND SHIPPING:
AGENCY WILL ORDER IN INCREMENTS OF 9 CONTAINERS. PRODUCT TO BE SHIPPED
ON PALLETS (9 FIFTEEN GALLON CONTAINERS PER PALLET).

AGENCY RESERVES THE RIGHT TO MIX AND MATCH PRODUCTS ON THESE PALLETS.
THE VENDOR IS REQUIRED TO PAY ALL SHIPPING AND ASSOCIATED COST FOR
DELIVERY AND PICK-UP OF THE RETURNABLES.






REQUIREMENTS FOR ALL REFILLABLE/RETURNABLE CONTAINERS

CONTAINERS AND CONTENTS SHALL BE TRACKED VIA INTERNET WITH THE
FOLLOWING REPORTING CAPABILITIES:
* CONTAINER AND PRODUCT MOVEMENTS BY SHIPPING LOCATIONS
* CONTAINER LOCATIONS BY SHIPPING LOCATION
* VIEW CURRENT AND PAST SHIPMENTS
* TRACK SHIPMENTS THROUGH ENTIRE SHIPPING AND RECEIVING PROCESS

INTERNET REPORTING SHALL BE PROVIDED AT ALL TIMES AND BE ACCESSIBLE
THROUGH A SECURE WEBSITE ACCESSIBLE BY A USERNAME AND PASSWORD.



LINE 34, 675-74-077186
ACTIVE INGREDIENTS: ISOOCTYL (2-ETHYLHEXYL)ESTER OF 2, 4-
DICHLOROPHENOXYACETIC ACID*...................................32.1%
ISOOCTYL (2-ETHYLHEXYL)ESTER(+)-R-2-(2,4-DICHLOROPHENOXY)
PROPIONIC ACID**+.............................................16.1%
OTHER INGREDIENTS.............................................51.8%
TOTAL.........100.0%

CONTAINS PETROLEUM DISTILLATES
ISOMER SPECIFIC METHOD, EQUIVALENT TO:
*2,4-DICHLOROPHENOXYACETIC ACID................21.3%, 1.71 LBS/GAL.
**(+)-R-2(2,4-DICHLOROPHENOXY)PROPIONIC ACID...10.9%, 0.87 LBS/GAL.
+CONTAINS THE SINGLE ISOMER FORM OF DICHLORPROP-P

ACCEPTABLE BRANDS: PATRON 170
OR EQUAL


LINE 35, 675-74-077187
ACTIVE INGREDIENTS: ISOOCTYL (2-ETHYLHEXYL) ESTER OF
2-METHYL-4-CHLOROPHENOXYACETIC ACID*.........................56.40%
BUTOXYETHANOL ESTER OF 3,5,6-TRICHLORO-2-PYRIDINYLOXYACETIC
ACID**........................................................5.00%
DICAMBA (3,6-DICHLORO-O-ANISIC ACID***........................3.60%
OTHER INGREDIENTS............................................35.26%
TOTAL.........100.00%

CONTAINS PETROLEUM DISTILLATES
ISOMER SPECIFIC AOAC METHOD, EQUIVALENT TO:
*2-METHYL-4-CHLOROPHENOXYACETIC ACID.............36.0%, 3.0 LBS/GAL
**3,5,6-TRICHLORO-2-PYRIDINYLOXYACETIC ACID.......3.6%, 0.3 LBS/GAL
***3,6-DICHLORO-O-ANISIC ACID.....................3.6%, 0.3 LBS/GAL

ACCEPTABLE BRANDS: PROGENY
OR EQUAL