PURPOSE OF INVITATION TO BID / SOURCE OF SUPPLY CONTRACT

THE PURPOSE OF THIS INVITATION TO BID IS TO ESTABLISH A TERM
CONTRACT(S) TO SUPPLY TO THE STATE OF TENNESSEE:

1) CONFIGURED:
COLOR INKJET PLOTTERS (ITB GROUP 11),
LINE PRINTERS (ITB GROUP 12),
LARGE FORMAT MONOCHROME LASER PRINTERS (ITB GROUP 13), AND
COLOR INKJET MULTI-FUNCTION PLOTTERS (ITB GROUP 14)
THAT PROVIDE CURRENT TECHNOLOGY AS THESE TECHNOLOGIES EVOLVE
OVER THE TERM(S) OF THE CONTRACT(S) ESTABLISHED;

2) INTEGRATED, INTERNAL, AND EXTERNAL FEATURES, COMPONENTS,
PERIPHERAL DEVICES, ANCILLARY HARDWARE, AND ASSOCIATED MEDIA
TO BE USED WITH THESE PRINTERS/PLOTTERS;

3) INTEGRATED, INTERNAL, AND EXTERNAL ADAPTERS AND OTHER
CONNECTIONS TO OTHER DEVICES AND/OR TO NETWORKS THAT ALLOW
THESE DEVICES TO CONNECT TO AND INTEROPERATE FULLY, WHERE
APPROPRIATE, WITH THE STATE'S NETWORKS;

4) SOFTWARE PROVIDED WITH OR REQUIRED TO SUPPORT THESE
PRINTERS/PLOTTERS;

5) SOFTWARE, DRIVERS, EXTENSIONS, CABLING, MOUNTING HARDWARE,
MANUALS, AND DOCUMENTATION ASSOCIATED WITH THESE PRINTERS/PLOTTERS;
FEATURES, COMPONENTS, PERIPHERAL DEVICES, ANCILLARY HARDWARE,
AND SOFTWARE USED WITH THESE PRINTERS/PLOTTERS AS THEY ARE REQUIRED
FOR FULL FUNCTIONING, INTEROPERABILITY AND/OR USE OF THE EQUIPMENT;

6) UPGRADES AND ENHANCEMENTS TO THIS EQUIPMENT AND SOFTWARE AS
THE STATE'S NEEDS CHANGE AND/OR AS TECHNOLOGY PROGRESSES;
AND/OR AS THE STATE'S HARDWARE, COMMUNICATIONS, OR NETWORK
STANDARDS CHANGE; AND

7) INSTALLATION/DESIGN/CONSULTATION, WARRANTY, UPGRADE INTEGRATION,
DELIVERY AND SET-UP SERVICES TO ENHANCE THE USABILITY OF THIS
EQUIPMENT TO THE STATE.

IN ADDITION TO SUPPLYING PRODUCTS AND SERVICES WHICH ARE
PURCHASED BY THE STATE UNDER THIS CONTRACT, THE CONTRACTOR/
MANUFACTURER WILL BE REQUIRED TO PROVIDE TECHNICAL SUPPORT AND
ASSISTANCE, TO SECURE ONGOING EQUIPMENT CERTIFICATION (AT THE
MANUFACTURER'S AND/OR CONTRACTOR'S EXPENSE) TO THE STATE'S
REQUIREMENTS, AND TO PROVIDE ONGOING CONTRACTOR REPORTING
ASSOCIATED WITH MEETING ITB REQUIREMENTS, BRIEF TECHNICAL AND
PRODUCT OVERVIEW SESSIONS, AND BRIEF TRAINING OF KEY STATE
STAFF, EACH AND ALL ON THE SCHEDULE(S) SPECIFIED IN THE ITB.
THE CONTRACTOR/MANUFACTURER MUST PARTICIPATE IN CERTIFICATION,
TECHNICAL AND PRODUCT OVERVIEW SESSIONS, AND TRAINING
SESSIONS, WHERE APPROPRIATE.

FAILURE BY THE CONTRACTOR TO COMPLY, ON THE SCHEDULE(S)
ESTABLISHED BY THE STATE, WITH THE REQUIREMENTS ENUMERATED IN
THE PARAGRAPH IMMEDIATELY PRECEDING MAY BE CAUSE FOR
CANCELLATION OF THE CONTRACT.

THE SCOPE OF THIS ITB IS CURRENT PRINTER/PLOTTER TECHNOLOGY AND
RELATED FEATURES, COMPONENTS, PERIPHERAL DEVICES, ANCILLARY HARDWARE,
AND ASSOCIATED MEDIA AND SOFTWARE TECHNOLOGY AS THESE TECHNOLOGIES
EVOLVE OVER THE TERM OF THE CONTRACT(S) ESTABLISHED. THE INTENT OF
THIS ITB IS TO ESTABLISH A SOURCE OR SOURCES OF SUPPLY WITH
QUALIFIED CONTRACTOR(S) FOR EQUIPMENT AND ASSOCIATED MEDIA,
SOFTWARE, UPGRADE/ENHANCEMENTS AND SERVICES WHICH MEET THE
THEN CURRENT NEEDS OF THE STATE OF TENNESSEE.

MANUFACTURERS MAY ELECT TO BID DIRECTLY IN RESPONSE TO THIS
ITB, OR THEY MAY ELECT TO HAVE BIDS FOR THEIR PRODUCTS AND
SERVICES SUBMITTED BY THIRD PARTIES.

A TERM CONTRACT MEANS A CONTRACT IN WHICH A SOURCE OR SOURCES
OF SUPPLY ARE ESTABLISHED FOR A SPECIFIED PERIOD OF TIME AT AN
AGREED UPON UNIT PRICE(S).
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.

ALL TERMS, CONDITIONS, REQUIREMENTS, ETC. CONTAINED IN THE
INVITATION TO BID APPLY EQUALLY TO THE ENTIRE TERM OF THE
CONTRACTS ESTABLISHED UNDER THIS ITB, INCLUDING RENEWALS
THEREOF. ALL THEN-CURRENT SPECIFICATIONS AND TECHNICAL
REQUIREMENTS APPLY EQUALLY TO THE CONTRACTS ESTABLISHED UNDER
THIS ITB, WHETHER DURING THE INITIAL BID, DURING A REFRESH OF
THE CONTRACT, OR AT ANY OTHER TIME DURING THE TERM OF THE
CONTRACT, INCLUDING RENEWALS THEREOF.
WARRANTY PERIOD AND REQUIREMENTS

A BIDDER WARRANTS THE PRODUCTS BID TO BE FREE OF DEFECTS FOR THE
GREATER OF THE MANUFACTURER'S STANDARD WARRANTY OR A MINIMUM OF
TWELVE (12) MONTHS, EXCEPT AS OTHERWISE SPECIFIED IN THIS ITB. THIS
WARRANTY MUST INCLUDE DEPOT PARTS AND LABOR WARRANTY OR ONSITE PARTS
AND LABOR WARRANTY, AS SPECIFIED IN THIS ITB FOR A GIVEN PRODUCT OR
GROUP OF PRODUCTS, WITH NO ADDITIONAL COSTS FOR PARTS, LABOR, TRAVEL,
OR SHIPPING. THIS WARRANTY SHALL NOT APPLY
TO ITEMS, SUCH AS BULBS FOR AND PLATES/GLASS
IN THE SCANNERS SPECIFIED IN ITB GROUP 14, THAT
ARE IDENTIFIED BY THE MANUFACTURER AS CONSUMABLE ITEMS.

PARTS AND LABOR WARRANTY MUST BE OFFERED, AND PARTS AND LABOR WARRANTY
SERVICE MUST BE PROVIDED, AS DESCRIBED IN THE PERFORMANCE REQUIREMENTS
SECTION OF THE ITB.

EXAMINATION/AUDIT OF BOOKS/RECORDS

THE STATE MAY, AT REASONABLE TIMES, EXAMINE/AUDIT THE BOOKS
AND/OR RECORDS OF ANY CONTRACTOR WHERE SUCH BOOKS AND/OR
RECORDS RELATE TO THE PERFORMANCE OF ANY CONTRACT OR
SUBCONTRACT WITH THE STATE. SUCH BOOKS AND RECORDS SHALL BE
KEPT IN CONFORMITY WITH GENERALLY ACCEPTED ACCOUNTING
PRINCIPLES AND MAINTAINED BY THE CONTRACTOR OR SUB-CONTRACTOR
FOR A PERIOD OF THREE (3) YEARS FROM THE DATE OF FINAL PAYMENT
UNDER THE CONTRACT OR SUBCONTRACT. SAID EXAMINATION/AUDIT MAY BE PER-
FORMED AT ANY REASONABLE TIME BY THE PURCHASING DIVISION, THE COMP-
TROLLER OF THE TREASURY, OR THEIR DULY APPOINTED REPRESENTATIVE(S).

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 USED.
DELIVERY TIME

ALL ITEMS ORDERED MUST BE DELIVERED WITHIN THIRTY (30) CALENDAR DAYS
AFTER RECEIPT OF THE PURCHASE ORDER (ARO). A PENALTY OF 0.005 (ONE
HALF OF ONE PERCENT) PER CALENDAR DAY, APPLIED TO ITEMS NOT
DELIVERED WITHIN 30 DAYS ARO, SHALL BE ASSESSED BY THE STATE
AGAINST ANY CONTRACTOR FOR LATE DELIVERY, EXCEPT WHEN THE
STATE DETERMINES THAT, BASED UPON EVIDENCE SUBMITTED TO IT,
THE LATE DELIVERY IS A DIRECT RESULT OF A DOCUMENTED INDUSTRY-
WIDE CONSTRAINT ON EQUIPMENT AVAILABILITY AND WHEN THE
CONTRACTOR ADVISES THE STATE WITHIN FIFTEEN (15) DAYS OF
RECEIPT OF THE PURCHASE ORDER THAT THIS INDUSTRY-WIDE
CONSTRAINT WILL CAUSE DELIVERY TO BE LATE. THE PERIOD FOR
WHICH PENALTIES SHALL BE CALCULATED WILL NOT EXCEED 180
CALENDAR DAYS. THIS PENALTY WILL BE DEDUCTED BY THE ORDERING
AGENCY FROM THE TOTAL PURCHASE ORDER AMOUNT DUE THE
CONTRACTOR.

PENALTIES FOR LATE DELIVERY, AS DESCRIBED ABOVE, BECOME
EFFECTIVE THIRTY (30) DAYS AFTER RECEIPT OF THE PURCHASE ORDER
(ARO). ONCE PENALTIES FOR ANY ORDER HAVE ACCRUED MORE THAN 30
DAYS, THE STATE MAY, AT ITS DISCRETION, FIND THE CONTRACTOR IN
DEFAULT AND CANCEL THE CONTRACT FOR CAUSE.

SHOULD THE STATE CANCEL THE CONTRACT, THE STATE MAY AWARD A
REPLACEMENT CONTRACT TO THE NEXT LOWEST BIDDER BIDDING
EQUIPMENT FROM THE MANUFACTURER REPRESENTED ON THE CANCELLED
CONTRACT IF THE BIDDER AGREES IN WRITING TO EXTEND HIS
PROPOSAL AT THE SAME PERCENTAGES AND SERVICE PRICES ORIGINALLY
BID. IF NO BIDDER AGREES TO EXTEND HIS PROPOSAL, THE STATE MAY
SOLICIT ADDITIONAL BIDS TO MAINTAIN THE ORIGINAL INTENT OF THE
INVITATION TO BID.

ALL SERVICES ORDERED OR REQUIRED UNDER THIS CONTRACT MUST BE
DELIVERED AND/OR SUPPLIED WITHIN THE TIME FRAMES SPECIFIED IN
THIS INVITATION TO BID.

PURCHASE ORDER RELEASE (SWC)

ORDERS FOR PRODUCTS AND/OR SERVICES THAT ARE INCLUDED ON
STATEWIDE CONTRACTS SHALL BE PREPARED BY AGENCIES ON
DEPARTMENTAL PURCHASE ORDERS (FORM P-4) 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
INVOICES ARE TO BE BILLED TO THE ADDRESS SHOWN ON INDIVIDUAL
PURCHASE ORDER RELEASES.

PAYMENT
AFTER MERCHANDISE HAS BEEN RECEIVED OR SERVICE HAS BEEN
PERFORMED AND INVOICES SUBMITTED TO THE USING AGENCY, IT SHALL
BE THE RESPONSIBILITY OF THE USING AGENCY TO MAKE PAYMENT.
ANY QUESTIONS CONCERNING PAYMENT SHOULD BE ADDRESSED TO THE
USING AGENCY LISTED ON THE TOP, RIGHT HAND SIDE OF THE
PURCHASE ORDER, NOT TO THE PURCHASING DIVISION.
ORDER (EXEMPTION)

THE STATE RESERVES THE RIGHT TO EXEMPT ORDERS EXCEEDING
$100,000.00 (ONE HUNDRED THOUSAND DOLLARS) FOR ITEMS FROM THE
CONTRACTS RESULTING FROM THIS INVITATION TO BID.
FOR THESE ORDERS THE STATE WILL OBTAIN COMPETITIVE SEALED BIDS FROM
ONLY THE HOLDERS OF CONTRACTS FOR THE GROUP(S) BEING BID; THESE
SEALED BIDS WILL CONTAIN ONLY PRICING FOR ITEMS AVAILABLE ON
THE CONTRACT TO BE ORDERED FROM THE CONTRACT. ALL CONTRACT TERMS
AND CONDITIONS, REQUIREMENTS, AND TECHNICAL SPECIFICATIONS
RESULTING FROM THIS INVITATION TO BID WILL
APPLY TO THIS PURCHASE. THE STATE WILL ISSUE A PURCHASE ORDER
TO THE LOW BIDDER IN ACCORDANCE WITH APPLICABLE PURCHASING
PROCEDURES. AGENCIES MAY NOT TRADE IN EXISTING PRINTERS/PLOTTERS
UNDER THIS EXEMPTION PROCESS.
BID PERCENTAGES & FLAT FEES FIXED FOR CONTRACT PERIOD

BID PERCENTAGES (FOR EQUIPMENT, SOFTWARE, AND SEPARATELY ORDERED
WARRANTY) AND FLAT FEES AND HOURLY RATES (FOR SERVICES) PER THE
PRICE SHEET MUST BE FIXED FOR THE TERM OF THE CONTRACT, UNLESS
MODIFIED BY A PROCEDURE SET FORTH IN THIS ITB.
REQUESTS FOR PRICE CHANGES BASED ON PRICING CATALOG
EXTRACTS

CATALOG PRICES MUST BE FIRM FOR A PERIOD OF 180 DAYS FOLLOWING
THE DATE OF AWARD, EXCEPT THAT THE STATE SHALL BE ADVISED OF
AND RECEIVE THE BENEFIT OF ANY PRICE DECREASE IN EXCESS OF
FIVE (5) PER CENT (%) AUTOMATICALLY. THE CONTRACTOR MUST
PROVIDE WRITTEN PRICE REDUCTION INFORMATION WITHIN TEN (10)
DAYS OF ITS EFFECTIVE DATE.

WRITTEN REQUESTS FOR PRICE CHANGES ON TERM CONTRACTS BASED ON
PRICING CATALOG EXTRACTS MAY BE SUBMITTED IN WRITING AFTER THE
FIRM PRICE PERIOD. THE REQUEST MUST INCLUDE COPIES OF OLD AND
NEW PRICING CATALOG EXTRACTS THAT REFLECT A CHANGE IN THE
CONTRACTOR'S COST AND APPLY TO ALL CUSTOMERS.
ALL REQUESTS FOR PRICE INCREASES MUST BE IN WRITING, MUST NOT
CONSTITUTE INCREASES IN PROFIT, AND MUST CONTAIN DATA
ESTABLISHING OR SUPPORTING THE GENERAL OR INDUSTRY WIDE NATURE
OF THE CHANGE.

AT THE OPTION OF THE STATE,

1) THE REQUEST MAY BE GRANTED,

2) THE CONTRACT MAY BE CANCELLED AND AWARDED TO THE NEXT
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER WHOSE BID MEETS THE
REQUIREMENTS AND CRITERIA SET FORTH IN THE INVITATION TO BID,

3) THE COMMODITY/SERVICE MAY BE READVERTISED FOR AWARD AND
SUBSEQUENT CANCELLATION, OR

4) THE CONTRACT MAY BE CONTINUED WITHOUT CHANGE.

THE PURCHASING DIVISION WILL ACCEPT OR REJECT ALL SUCH WRITTEN
REQUESTS WITHIN THIRTY (30) WORKING DAYS OF THE DATE OF
RECEIPT. IF APPROVED, THE PURCHASING DIVISION WILL NOTIFY THE
CONTRACTOR OF THE DATE THE INCREASE WILL BE EFFECTIVE.
CONTRACTORS MUST HONOR ALL PURCHASE ORDERS DATED UP TO THIRTY
(30) DAYS SUBSEQUENT TO THE PRICE CHANGE REQUEST AT THE
ORIGINAL PRICE. CONTRACTORS SHALL REPORT PRICE DECREASES
IMMEDIATELY UPON RECEIPT OF THE DECREASE, AND THE STATE SHALL
RECEIVE PROPORTIONATE PRICE REDUCTIONS.

APPROVAL OF PRICE INCREASES

PRICE INCREASES, WHEN GRANTED, WILL BE EFFECTIVE ON THE FIRST
OF THE FOLLOWING MONTH AND WILL BE PUBLISHED IN THE PURCHASING
CATALOG ISSUED DURING THE LAST WEEK OF EACH MONTH. NO INCREASE
SHALL BE EFFECTIVE UNTIL APPROVED AND PUBLISHED. APPROVAL OF
ANY PRICE INCREASE RENEWS THE FIRM PRICE PERIOD.

PRICE INCREASE REJECTION

WHEN THE STATE REJECTS A REQUEST FOR A PRICE INCREASE, THE
CONTRACTOR WILL BE NOTIFIED OF THE STATE'S INTENTION PRIOR TO
THE FIRST OF THE FOLLOWING MONTH. AT THE OPTION OF THE STATE,

1) THE CONTRACT MAY BE CANCELLED AND AWARDED TO THE NEXT
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER WHOSE BID MEETS THE
REQUIREMENTS AND CRITERIA SET FORTH IN THE INVITATION TO BID,

2) THE COMMODITY/SERVICE MAY BE READVERTISED FOR AWARD AND
SUBSEQUENT CANCELLATION, OR

3) THE CONTRACT MAY BE CONTINUED WITHOUT CHANGE.
PRICING CATALOG EXTRACT

PRODUCTS AND/OR SERVICES AVAILABLE TO THE STATE FROM THE
CONTRACT(S) RESULTING FROM THIS INVITATION TO BID WILL BE
CONTAINED IN PRICING CATALOG EXTRACTS SUBMITTED WITH THE BID.
THESE PRICING CATALOG EXTRACTS WILL CONTAIN ONLY THE PORTIONS
OF THE MANUFACTURER'S PRODUCT LINE THAT FALL WITHIN THE SCOPE
AND INTENT OF THIS INVITATION TO BID AND HAVE BEEN SELECTED BY
THE STATE OF TENNESSEE FOR INCLUSION IN THE EXTRACT. THE
PRICING CATALOG EXTRACTS WILL ALSO CONTAIN PRICING AND UNIQUE
PART NUMBERS FOR THESE PRODUCTS AND/OR SERVICES. THE PRICES
ENTERED BY THE BIDDER IN THE ITB EVALUATION MODEL FOR ITEMS
FROM THE MANUFACTURER MUST BE THE PRICES FOR THESE ITEMS
CONTAINED IN THE PRICING CATALOG EXTRACT(S) SUBMITTED WITH THE BID.

IN ORDER TO KEEP THE PRODUCTS AND/OR SERVICES ON THESE
CONTRACTS CURRENT, THE STATE INTENDS TO UPDATE/REFRESH THESE
PRICING CATALOG EXTRACTS AND THE PRICES FOR ITEMS CONTAINED IN
THESE PRICING CATALOG EXTRACTS APPROXIMATELY EVERY NINE (9)
MONTHS, OR AS PRINTER/PLOTTER TECHNOLOGY CHANGES, ON THE SCHEDULE
ESTABLISHED BY THE STATE.


THE STATE WILL DETERMINE WHICH TECHNOLOGIES AND PRODUCTS IT
WILL SPECIFY FOR INCLUSION IN THESE PRICING CATALOG EXTRACTS.
STATE APPROVAL WILL BE REQUIRED OF ALL ADDITIONS OR CHANGES TO
THESE PRICING CATALOG EXTRACTS PROPOSED BY THE CONTRACTOR OR
MANUFACTURER, WHETHER DURING A CONTRACT UPDATE/REFRESH OR AT
OTHER TIMES. THESE ADDITIONS OR CHANGES WILL REQUIRE
CERTIFICATION AS DESCRIBED IN THIS INVITATION TO BID.

THE BIDDER MUST IDENTIFY, IN THE SPACES PROVIDED BELOW, FOR
PRICING GOVERNED BY PERCENTAGES ENTERED INTO "APCAT" LINES
ON THE ITB PRICE SHEET, THE SOURCE OF THE PRICING FOR EACH
ITEM CONTAINED IN THE PRICING CATALOG EXTRACT SUBMITTED WITH
THE BID. ATTACH ADDITIONAL SHEETS TO YOUR BID IF NECESSARY
TO IDENTIFY ALL SOURCES. IF THE BIDDER IS NOT THE
MANUFACTURER OR PROVIDER OR SUPPLIER OF THE ITEM, THE BIDDER
MUST ATTACH TO THE BID DOCUMENTATION, ACCEPTABLE TO THE
STATE, OF THE PRICE FROM THE SOURCE FROM WHICH THE BIDDER
ACQUIRES THE ITEM. IF THE BIDDER IS THE MANUFACTURER,
PROVIDER, OR SUPPLIER OF THE ITEM, SO STATE.

SOURCE #1. ______________________________________________

"APCAT" PRICE SHEET LINES ACQUIRED FROM THIS SOURCE

_______________________________________________________

DOCUMENTATION FROM THIS SOURCE ATTACHED?

SOURCE #2. ______________________________________________

"APCAT" PRICE SHEET LINES ACQUIRED FROM THIS SOURCE

_______________________________________________________

DOCUMENTATION FROM THIS SOURCE ATTACHED?

SOURCE #3. ______________________________________________

"APCAT" PRICE SHEET LINES ACQUIRED FROM THIS SOURCE

_______________________________________________________

DOCUMENTATION FROM THIS SOURCE ATTACHED?

CERTAIN CHANGES PERMITTED IN PERCENTAGES (FOR EQUIPMENT, SOFTWARE AND
SEPARATELY-ORDERED WARRANTY) AND PRICES (FOR SERVICES)

A CONTRACTOR MAY, WHEN PROPOSING ADDITIONS OR CHANGES TO
PRICING CATALOG EXTRACTS DURING A CONTRACT UPDATE/REFRESH, AS
DESCRIBED ABOVE, OR AT OTHER TIMES ALSO SUBMIT NEW PERCENTAGES
TO BE APPLIED TO HIS OR HER CATALOG PRICING FOR A GIVEN
CATEGORY OF PRODUCT OR FOR ALL CATEGORIES. ONLY CHANGES IN
PERCENTAGES THAT WOULD RESULT IN LESSER COST TO THE STATE
(E.G., PROPOSED DISCOUNT(S) THAT ARE GREATER THAN THE
DISCOUNT(S) CURRENTLY IN EFFECT OR PROPOSED SURCHARGE(S) THAT
ARE LESS THAN THE SURCHARGE(S) CURRENTLY IN EFFECT) WILL BE
CONSIDERED BY THE STATE. A CONTRACTOR MAY ALSO, AT ANY TIME
DURING THE CONTRACT, REDUCE THE PRICES IN EFFECT FOR SERVICES.

ANY CHANGE IN PERCENTAGES OR IN PRICES FOR SERVICES, ONCE
ACCEPTED BY THE STATE, BECOMES FIXED FOR THE TERM OF THE
CONTRACT, UNLESS FURTHER REDUCED BY THE CONTRACTOR, AND
ACCEPTED BY THE STATE, AT A SUBSEQUENT CONTRACT UPDATE/REFRESH
DATE OR OTHER TIME.
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
CANCELLATION DATE.

THE VENDOR/CONTRACTOR SHALL BE ENTITLED TO RECEIVE COMPENSATION FOR
GOODS SHIPPED OR SERVICES SATISFACTORILY COMPLETED AS OF THE
CANCELLATION 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.

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.

COMMERCIALLY AVAILABLE EQUIPMENT; NEW EQUIPMENT

ONLY EQUIPMENT COMMERCIALLY AVAILABLE TO THE GENERAL PUBLIC AS OF THE
BID OPENING DATE MAY BE BID IN RESPONSE TO THIS INVITATION TO BID OR
OFFERED AS A SUBSTITUTE UNDER A RESULTING CONTRACT. ONLY NEW
EQUIPMENT-DEFINED AS EQUIPMENT THAT HAS NOT BEEN USED FOR ANY PURPOSE
OTHER THAN PERFORMANCE TESTING PRIOR TO DELIVERY OR INSTALLATION OR
FOR CERTIFICATION, EITHER DURING INITIAL BID EVALUATION OR
SUBSEQUENTLY-IS ACCEPTABLE FOR DELIVERY TO FULFILL PURCHASE ORDERS
ISSUED UNDER RESULTING CONTRACT. NEW EQUIPMENT MAY INCLUDE INTERNAL
REFURBISHED OR RECONDITIONED COMPONENTS NORMALLY USED IN THE
MANUFACTURING PROCESS AND DEEMED AND WARRANTED AND SOLD AS NEW
EQUIPMENT BY THE MANUFACTURER.
SELECTION AND INSTALLATION OF ITEMS

THE STATE RESERVES THE RIGHT TO SELECT AND INSTALL ANY ITEM
WHICH SATISFIES THE STATE OF TENNESSEE'S NEEDS FROM ANY SOURCE
WITHOUT RESTRICTION BY THE CONTRACTOR. AFTER INSTALLATION
AND/OR PURCHASE OF ANY ITEM FROM THIS CONTRACT, THE STATE ALSO
RESERVES THE RIGHT TO UPGRADE OR ADD APPLICATION CAPABILITY
AND/OR SERVICES FROM ANY SOURCE WITHOUT RESTRICTION BY THE
CONTRACTOR.
TRADE-IN OF STATE'S EXISTING PRINTERS/PLOTTERS

STATE AGENCIES MAY WISH TO TRADE-IN EXISTING PRINTERS/PLOTTERS AS THEY
PURCHASE PRINTERS/PLOTTERS FROM THESE CONTRACTS. THE STATE WILL
PERMIT AGENCIES PURCHASING AT LEAST TWENTY-FIVE (OR AT LEAST
$100,000.00) OF THE SAME MODEL PRINTER/PLOTTER AT ONE TIME
AND WISHING TO TRADE-IN AN EQUAL NUMBER OF EXISTING PRINTERS/PLOTTERS
OF THE SAME GENERAL TYPE TO REQUEST FROM THE CONTRACTOR SPECIAL
"TRADE-IN" PRICING FOR THIS PURCHASE. THE OPERATING CONDITION OF
THE PRINTERS/PLOTTERS TO BE TRADED IN MUST BE READILY DETERMINABLE.
THESE TRADE-IN ORDERS WILL BE EXEMPTED FROM THE CONTRACTS ESTABLISHED
UNDER THIS INVITATION TO BID.

FOR THESE ORDERS THE STATE WILL OBTAIN COMPETITIVE SEALED BIDS
FROM ONLY THE CONTRACT HOLDERS OF THE GROUP(S) INCLUDED IN
THESE ORDERS. THESE BIDS SHALL CONTAIN ONLY PRICING FOR ITEMS
TO BE ORDERED. ALL CONTRACT TERMS AND CONDITIONS,
REQUIREMENTS AND TECHNICAL SPECIFICATIONS RESULTING FROM THIS
INVITATION TO BID WILL APPLY TO THIS PURCHASE. THE STATE WILL
ISSUE A PURCHASE ORDER IN ACCORDANCE WITH APPLICABLE
PURCHASING PROCEDURES.
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.