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.

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.

**NOTE: ADDITIONAL REPORTING REQUIREMENTS IN SPECIFICATIONS.**
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.

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.
INTRODUCTION TO SPECIFICATIONS: THE PURPOSE OF THIS INVITATION TO BID
IS TO SECURE BIDS FROM QUALIFIED VENDORS AND ESTABLISH A CONTRACT FOR
THE DELIVERY AND SUPPLY OF OFFICE SUPPLIES FOR THE STATE OF TENNESSEE.
ALL BIDDERS ARE REQUIRED TO PROVIDE THE FOLLOWING WITH A COMPLETED
BID RESPONSE. FAILURE ON THE PART OF THE BIDDER TO SUBMIT THE REQUIRED
INFORMATION WITH THEIR BID RESPONSE, WILL RESULT IN REJECTION OF THEIR
BID:
1. COMPLETED INVITATION TO BID.
2. COMPLETED EVALUATION MODEL.
3. MOST CURRENT FULL LINE CATALOG.

PRICING: THE PRICING FOR THIS CONTRACT IS DETERMINED BY LINE ITEM
PRICING AND CATALOG LIST PRICING PLUS CATALOG SURCHARGE OR MINUS
CATALOG DISCOUNT, FROM THE CURRENT FULL LINE CATALOG OR PRICER. THE
PERCENTAGE DISCOUNT OR SURCHARGE THAT IS QUOTED FROM THE VENDOR SHALL
BE FIXED FOR THE DURATION OF THE CONTRACT. NO DISCOUNT FLOOR IS TO
BE APPLIED TO CATALOG PRICING. THE CATALOG SUPPLIED WITH BID SHALL
REMAIN IN EFFECT FOR THE DURATION OF THIS ONE YEAR CONTRACT.

EXCLUDED ITEMS: THE FOLLOWING ITEMS ARE EXCLUDED FROM SALE ON THE
CONTRACT: FURNITURE, FOOD STAPLES AND BREAKROOM SUPPLIES, COMPUTERS
COMPUTER MONITORS, MOUSE, USB FLASHDRIVES, PRINTERS AND PRINTER
SUPPLIES, FAX MACHINES AND SUPPLIES, COPYING MACHINES AND SUPPLIES,
TONER CARTRIDGES, TOYS AND GAMES, BUSINESS CARDS, PLAIN PAPER
ENVELOPES, DESKTOP CALCULATORS (HAND HELD OK), PDA'S, MP3 PLAYERS,
BUSINESS FORMS, GREETING CARDS AND NOTES, AUDIO/VISUAL EQUIPMENT,
BOND PAPER IN CASE QUANTITIES OR LARGER, CAMERAS AND FILM,
TELEPHONES, TELEPHONE EQUIPMENT, CD'S, DVD'S, AUDIO & VIDEO TAPES,
AND FINE WRITING INSTRUMENTS EITHER IN SINGLE PIECES OR SETS WITH
RETAIL VALUE IN EXCESS OF $20.00.

ALL BIDDING VENDORS ARE TO BE AWARE OF THE STATE OF TENNESSEE
COMMUNITY REHABILITATION AGENCIES (CMRA) STATEWIDE CONTRACT #5.
THE REHABILITATION AGENCY ASSEMBLES AND SELLS ROLLING BALL PENS,
RETRACTABLE SOFT GRIP PENS, REFILLS, STICK PENS AND SOFT GRIP
HIGHLIGHTERS. THE AWARDED VENDOR OF THIS CONTRACT CAN IN NO WAY
IMPEDE THE SALE OF CMRA ITEMS AND FURTHER, SHOULD EXPECT TO BE
ASKED TO AID THE AGENCY IN THE PROMOTION OF THEIR SALES.

ORDERING OPTIONS: THE VENDOR SHALL PROVIDE FOR ORDERS PLACED BY
FAX, EMAIL, OR TELEPHONE. PURCHASE ORDERS WILL BE PROVIDED AS
AS GENERATED BY STATE AGENCIES USING THE TOPS PURCHASING SYSTEM.
THERE IS TO BE NO MINIMUM ORDER IN EFFECT.

HOURS OF OPERATION: THE MINIMUM HOURS OF CUSTOMER SERVICE OPERATION
WILL BE MONDAY THRU FRIDAY, 8:00 AM TO 5:30 PM EASTERN TIME. ALL
ORDERS PLACED BEFORE 3:00 PM EST(2:00PM CST) SHALL BE DELIVERED
NEXT BUSINESS DAY WITH THE EXCEPTION OF CUSTOM OR NON-STOCKED ITEMS.

PRINTED CATALOG: IT WILL BE THE RESPONSIBILITY OF THE AWARDED VENDOR
TO SUPPLY A FULL LINE CATALOG AT NO CHARGE AND NO SHIPPING CHARGE
TO ALL STATE AGENCIES AND AUTHORIZED PROCUREMENT OFFICES TO BE
USED FOR THE DURATION OF THIS CONTRACT.

SERVICE ORGANIZATION: ALL BIDDERS ARE REQUIRED TO HAVE AN ADEQUATE
SERVICE ORGANIZATION WITH LOCAL SALES REPRESENTATION TO ALL OF
TENNESSEE'S GEOGRAPHICAL AREAS. IN ADDITION, THE VENDOR MUST SUPPLY
THE NAME AND TELEPHONE NUMBER OF A PERSON AVAILABLE INSIDE THE HOME
OFFICE MONDAY THRU FRIDAY 8:00 AM TO 5:30 PM EASTERN TIME AND
TRAINED IN SERVICING THE STATE OF TENNESSEE OFFICE SUPPLY CONTRACT.
THIS PERSON MUST BECOME FAMILIAR WITH THE CONTRACT, THE STATE AGENCIES
AND BE PREPARED TO HANDLE ALL SERVICE ISSUES AND BILLING INQUIRIES
PROMPTLY. THIS CUSTOMER SERVICE REPRESENTATIVE MUST BE ABLE TO
ASSIGN AGENCY ACCOUNT NUMBERS AND INSURE THAT CONTRACT RATES ARE
ATTACHED ACCORDINGLY. THIS SERVICE CANNOT BE SUBCONTRACTED. PLEASE
INDICATE THIS PERSONS NAME AND TELEPHONE NUMBER IN THE VENDOR CONTACT
ADMINISTRATOR SECTION OF THIS SOLICITATION.

SUBSTITUTIONS: SUBSTITUTIONS OF HOUSE BRANDS OR OTHER PRODUCTS FOR
SPECIFIC ITEMS YOU LIST IS NOT PERMITTED. ANY PRODUCT SUBSTITUTION
FOR PRODUCTS NO LONGER MANUFACTURED MUST BE AUTHORIZED WITH PRIOR
APPROVAL BY THE CONTRACT ADMINISTRATOR, DEPARTMENT OF GENERAL
SERVICES, PURCHASING DIVISION.

EACH PACKAGE WILL BE PROPERLY IDENTIFIED WITH AN OUTSIDE LABEL WITH
APPROPRIATE INFORMATION TO DELIVER PRODUCT TO THE END USER. A DETAILED
INVOICE OR A PACKING LIST AT MINIMUM MUST ACCOMPANY EVERY DELIVERY.
ACCEPTANCE OF THE TOTAL DELIVERY AND SIGNATURE BASED ON PIECE COUNT
AND MANIFEST DOES NOT REPRESENT TRANSFER OF RESPONSIBILTY TO THE STATE
FOR THE CONTENTS OF THE PACKAGE. IN THE EVENT OF SHORTAGE, OVERAGE OR
CONCEALED DAMAGE EXISTS WITHIN THE PACKAGES, THE VENDOR WILL ACCEPT
DOCUMENT FOR RESOLUTION.

USAGE REPORTS: IN ADDITION TO A QUARTERLY REPORT OF SALES BEING
REQUIRED, REPORTING OF RETURNS AND CREDITS, SAVINGS, NET PURCHASES,
PERCENTAGE RECYCLED (GREEN) OF NET PURCHASES, AND PERCENTAGE DIVERSITY
(MINORITY OWNED, WOMEN-OWNED, AND SMALL BUSINESS) OF NET PURCHASES
ARE REQUIRED QUARTERLY. REPORTS SHOULD BE SUBMITTED TO THE CONTRACT
ADMINISTRATOR FOR THE STATE IN MICROSOFT EXCEL FILE FORMAT.
MANUFACTURER CODE, PART NUMBER, UNIT OF MEASURE, QUANTITY PURCHASED
YEAR TO DATE AND EXTENSION OF PRICE YEAR TO DATE WILL BE REQUIRED IN
EACH TYPE OF REPORT.

IMPLEMENTATION PLAN: THE AWARDED CONTRACTOR SHALL PROVIDE A DETAILED
IMPLEMENTATION PLAN TO DGS PURCHASING DIVISION DESCRIBING ALL THE
ACTIVITIES NECESSARY TO SUCCESSFULLY MAKE OPERATIONAL THE FULL SCOPE
OF SERVICES REQUIRED BY THE STATEWIDE CONTRACT WITHIN TEN (10)
WORKING DAYS OF CONTRACT AWARD. THE CONTRACTOR SHALL OBTAIN DGS
APPROVAL OF IT'S IMPLEMENTATION PLAN PRIOR TO THE PLANS EMPLOYMENT.