DELIVERY TIME (DAYS)

ALL ITEMS MUST BE DELIVERED WITHIN APPROXIMATELY 30 DAYS AFTER
RECEIPT OF A PURCHASE ORDER.

MINIMUM ORDER (EXEMPTION)

INDIVIDUAL ORDERS FOR LESS THAN $200.00 ARE EXEMPT FROM PURCHASE
FROM THIS CONTRACT. USER AGENCIES WILL PURCHASE BY APPLICABLE
PURCHASING PROCEDURES.

SAMPLES

SAMPLES MAY BE REQUESTED. IF REQUESTED, THE STATE PROCUREMENT OFFICE
MUST RECEIVE SAMPLES WITHIN TEN (10) CALENDAR DAYS AFTER NOTIFICATION.

SUCH SAMPLES ARE FOR EVALUATION AND TESTING, AND MUST BE FURNISHED BY
THE BIDDER WITHOUT CHARGE. SAMPLES PROVIDED ARE TO BE IDENTICAL TO
THE PRODUCT THE BIDDER IS BIDDING AND PROPOSES TO FURNISH ON CONTRACT
ORDERS. THE STATE PROCUREMENT OFFICE WILL NOT ACCEPT ANY SAMPLES
UNLESS ALL TRANSPORTATION CHARGES HAVE BEEN PREPAID. SAMPLES MUST
BE CLEARLY LABELED AS FOLLOWS:

STATE OF TENNESSEE
DEPARTMENT OF GENERAL SERVICES, PURCHASING DIVISION
3RD FLOOR WILLIAM R. SNODGRASS TN TOWER
NASHVILLE, TN 37243-0557

ATTN: (ENTER BUYER NAME LISTED ON FACE OF SOLICITATION)

NAME OF BIDDER: ______________________________________
ADDRESS: ______________________________________
______________________________________
ITB NUMBER: ______________________________________
ITEM NUMBER(S): ______________________________________
BID OPENING DATE: ____________________________________

IF NOT DESTROYED BY THE EVALUATION, SAMPLES WILL, UPON WRITTEN
REQUEST, BE RETURNED TO THE SENDER AT THE BIDDER'S EXPENSE. THE
BIDDER MUST MAKE WRITTEN REQUESTS FOR THE RETURN OF A SAMPLE AT THE
TIME OF SUBMISSION OF THE SAMPLE. IF NO WRITTEN REQUEST TO RETURN THE
SAMPLE IS RECEIVED, SAMPLE WILL BE DISPOSED OF OR UTILIZED AT THE
DISCRETION OF THE STATE. THE STATE ASSUMES NO LIABILITY FOR SAMPLES.
THE STATE PROCUREMENT OFFICE MAY RETAIN SAMPLES FROM THE SUCCESSFUL
BIDDER FOR THE TERM OF THE CONTRACT. IF SAMPLES ARE NOT PROVIDED,
WHEN REQUESTED, OR ARE IMPROPERLY LABELED, THE STATE PROCUREMENT
OFFICE MAY CONSIDER THE BID NON-RESPONSIVE AND MAY DISQUALIFY THE
BIDDER FROM FURTHER CONSIDERATION.
REPORTS - SEMI-ANNUAL

THE SUCCESSFUL BIDDER SHALL BE REQUIRED TO SUBMIT SEMI-ANNUAL REPORTS
IN EXCEL FORMAT TO THE PURCHASING AGENT LISTED ON THE AWARDED
CONTRACT. THE SEMI-ANNUAL 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 SEMI-ANNUAL 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 SEMI-ANNUALLY FOR EACH INDIVIDUAL
AGENCY, GOVERNMENTAL UNIT OR NON-PROFIT AGENCY.
6) LINE ITEM DOLLAR AMOUNT (VOLUME) PURCHASED SEMI-ANNUALLY 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.

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.