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.)

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.
VOLUME, MULTI-YEAR

THE TOTAL PURCHASES OF ANY INDIVIDUAL ITEM ON THE CONTRACT ARE NOT
KNOWN. THE PURCHASING DIVISION HAS ATTEMPTED TO GIVE AN ACCURATE
ESTIMATE OF PROBABLE PURCHASES OF EACH ITEM FROM THE CURRENT CONTRACT
PERIOD AND PROJECTED ESTIMATES FOR THE NEW CONTRACT PERIOD. THE
PURCHASING DIVISION DOES NOT GUARANTEE THAT THE STATE WILL BUY ANY OR
ALL ESTIMATED AMOUNTS OF ANY SPECIFIED ITEM OR ANY TOTAL AMOUNT.

1ST 12 MONTHS $ 66,145.00
2ND 12 MONTHS $ 66,145.00
3RD 12 MONTHS $ 66,145.00



CONTRACT PERIOD FY FOR 04/01/08 THROUGH 03/31/09 $ 63,897.86

CONTRACTOR WILL ONLY BE PAID FOR SERVICES RENDERED HEREUNDER PURSUANT
TO PURCHASE ORDER RELEASES ISSUED TO CONTRACTOR FROM THE STATE.
CONTRACTOR IS NOT ENTITLED TO BE PAID THE MAXIMUM LIABILITY FOR ANY
ONE YEAR UNDER THE CONTRACT OR ANY EXTENSIONS OF THE CONTRACT FOR WORK
NOT REQUESTED BY THE STATE. MAXIMUM LIABILITY REPRESENTS AVAILABLE
FUNDS FOR PAYMENT TO CONTRACTOR AND DOES NOT GUARANTEE PAYMENT OF ANY
SUCH FUNDS TO THE CONTRACTOR PER YEAR UNDER THIS CONTRACT UNLESS THE
STATE REQUESTS WORK AND CONTRACTOR PERFORMS SAID WORK. THE STATE IS
UNDER NO OBLIGATION TO REQUEST WORK FROM CONTRACTOR IN ANY SPECIFIC
DOLLAR AMOUNTS PER YEAR UNDER THIS CONTRACT AND THE STATE MAY NOT
REQUEST ANY WORK AT ALL FROM CONTRACTOR DURING ONE YEAR PERIOD.
BIDS REQUESTED ON STANDARD STATE SPECIFICATIONS

UNIT PRICE BIDS ARE REQUESTED ON PRODUCTS OR SERVICES THAT EQUAL OR
EXCEED THE SPECIFICATIONS LISTED. THE ABSENCE OF DETAILED
SPECIFICATIONS OR THE OMISSION OF DETAIL DESCRIPTION SHALL BE
RECOGNIZED AS MEANING THAT ONLY THE BEST COMMERCIAL PRACTICES ARE TO
PREVAIL AND THAT ONLY FIRST QUALITY MATERIALS AND WORKMANSHIP ARE TO
BE USED. ALL INTERPRETATIONS OF SPECIFICATIONS SHALL BE MADE FROM
THIS STATEMENT. IT IS UNDERSTOOD THAT THE SPECIFICATIONS OR
REFERENCES TO AVAILABLE SPECIFICATIONS SHALL BE SUFFICIENT TO MAKE THE
TERMS OF SUCH SPECIFICATIONS BINDING ON THE VENDOR/CONTRACTOR.
BIDDERS MUST SUBMIT FOR BID EVALUATION APPLICABLE CUTS, SKETCHES,
DESCRIPTIVE LITERATURE, AND TECHNICAL SPECIFICATIONS COVERING THE
PRODUCT OFFERED, WHEN APPLICABLE. REFERENCE TO LITERATURE SUBMITTED
PREVIOUSLY WILL NOT SATISFY THIS REQUIREMENT.

DELIVERY TIME (DAYS)

ALL ITEMS MUST BE DELIVERED WITHIN APPROXIMATELY TWENTY-ONE (21) DAYS
AFTER RECEIPT OF PURCHASE ORDER.

MINIMUM ORDER (EXEMPTION)

INDIVIDUAL ORDERS FOR LESS THAN ONE (1) BOX ARE EXEMPT FROM PURCHASE
FROM THIS CONTRACT. USER AGENCIES WILL PURCHASE BY APPLICABLE
PURCHASING PROCEDURES.

FIRM BID PRICE PERIOD (PRICE INCREASE ALLOWED AFTER TIMEFRAME)

PRICES QUOTED SHALL BE FIRM FOR 365 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.

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.
SPECIFICATIONS / RECYCLE CONTENT & PROOFING OF BUSINESS CARDS

AN AWARD SHALL BE MADE ON RECYCLED MATERIAL CONTENT. ALL BUSINESS
CARD ORDERS SHALL INCLUDE THE RECYCLED EMBLEM / IDENTIFICATION ON THE
FRONT OF THE BUSINESS CARD AT NO EXTRA COST TO THE STATE (SIZE 6
POINT).

REQUEST FOR PROOF:
AT THE REQUEST OF THE AGENCY, VENDOR SHALL SEND COPY OF PROOF FOR
THE AGENCY APPROVAL. IF THE AGENCY REQUIRES A PROOF, IT IS UNDERSTOOD
THAT THERE WILL BE A CHARGE FOR THIS SERVICE.

ORDERING OPTIONS:
THE VENDOR SHALL PROVIDE FOR ORDERS PLACED BY FAX, EMAIL OR TELEPHONE.
THE STATE OF TENNESSEE MAY REQUIRE DIRECT CONNECT CAPABILITIES DURING
THE TERM OF THIS CONTRACT. UNDER THIS TYPE OF "PUNCH OUT" SCENARIO,
THE CUSTOMER USES THEIR TRANSACTIONAL E-PROCUREMENT SYSTEM TO PUNCH
OUT ACCESS INFORMATION FROM THE VENDORS WEBSITE AND BRING THIS
INFORMATION BACK INTO THE INTERNAL PROCUREMENT SYSTEM. THIS
FUNCTIONALITY WILL ALLOW THE STATE TO SHOP VENDOR'S CATALOGS ONLINE
AND RETURN ALL NECESSARY INFORMATION BACK INTO EDISON FOR CONTINUED
PROCESSING, INCLUDING THE CREATION AND ISSUANCE OF REQUISITIONS AND
PURCHASE ORDERS.