Solicitations
Standard Terms and Conditions

The following Standard Terms and Conditions are included with all solicitations issued by the Tennessee Department of General Services, Purchasing Division:

1. All bid prices must be typed or written in ink on the price sheet provided. Any corrections, erasures or other forms of alteration to unit prices must be initialled by the bidder.

2. This bid is to be manually signed in ink in the box at the bottom of page 1 of the bid. Failure to do so will cause rejection of your bid.

3. Bid prices shall include delivery of all items F.O.B. destination or as otherwise provided.

4. I (we) agree to strictly abide by all the statutes and terms contained in the Rules of the Department of General Services, Purchasing Division which are by reference made a part hereof, in addition to the special terms, conditions and specifications embodied in this invitation to bid.

5. IMPORTANT: By signing this bid in the box indicated, the bidder certifies compliance with the above and further certifies that this bid is made without collusion or fraud. This bid must be manually signed in ink in the box at the bottom of page 1. All bid information shall be made with ink or typewriter.

6. State statutes require that all bidders be registered prior to the issuance of a purchase order. For registration information, contact the Purchasing Division, phone number (615) 741-6875.

7. I(We) propose to furnish and deliver any and all of the supplies, services, and/or other commodities named in the Invitation to Bid, and for which I (we) have set prices in our offering.

8. It is understood and agreed that this bid, when certified by authorized signature, shall constitute an offer, which when accepted in writing by the Department of General Services, Purchasing Division, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the State of Tennessee and the Vendor/Contractor (bidder) submitting such offering.

9. By my (our) written signature on this bid I (we) guarantee and certify that all items included in the bid meet or exceed any and all State Specifications covering such items. I (We) further agree, if awarded a contract as a result of this bid, to deliver such commodities, service or merchandise which meets or exceed. the specifications.

10. It is understood and agreed that no contract may be assigned, sublet, or transferred without the written consent of the Commissioner, Department of General Services, Purchasing Division.

11. The inclusion in any bid of a limitation of remedies clause or a limitation of liabilities clause shall be cause for rejection except in bids for telecommunications and information technology goods and services. Pursuant to Tennessee Code Annotated 12-3-315(d), if a limitation of liability is included in the bid for telecommunications and information technology goods and services it can be for not less than two (2) times the value of the contract and it shall not apply to intentional torts, criminal acts, fraudulent conduct or acts or omissions that result in personal injuries or death. Provided, however, if the commissioner determines that it is necessary to protect the interest of the state, the commissioner may petition the board of standards to approve contractor liability in excess of two (2) times the value of the contract. If the board agrees with the commissioner, it may approve such a higher liability amount.
    
    

12. All bidders have the right to inspect the bid file, prior to award, upon completion of the Purchasing Agent's evaluation. Interested bidders should contact the Purchasing Agent by the date and time stated in line 10 on the face of this document to schedule an appointment to inspect the bid file. Upon request, a reasonable opportunity to inspect the bid file will be provided to the bidder, not to exceed two working days. If there is no request to inspect the bid file by the date and time indicated, the Purchasing Agent will proceed with the award.

13. Bid mailing instructions, special envelopes or labels are furnished with this bid invitation, and it is imperative that bids be returned in this envelope or with the label completely filled in. If the special envelope is not used or if express mail is used, each individual bid proposal must be returned in a separate envelope package or container and must be properly labeled on the outside referencing the applicable solicitation number and the bid opening date. Failure to comply will result in the rejection of your bid. Bids mailed for overnight/express delivery should be mailed in a sealed envelope to the following address:

    
    

    Department of General Services
    Purchasing Division
    3rd Floor Tennessee Tower
    312 8th Avenue North
    Nashville, TN 37243-0557
    

14. Failure to respond to three (3) consecutive mailed Invitations to Bid on a particular qualified vendor list may result in removal from that list.

15. The contractor agrees to indemnify and hold harmless the State of Tennessee as well as its officers, agents, and employees from and against any and all claims, liabilities, losses, and causes of action which may arise, accrue, or result to any person, firm, corporation, or other entity which may be injured or damaged as a result of acts, omissions, or negligence on the part of the Contractor, its employees, or any person acting for or on its or their behalf relating to this Contract. The Contractor further agrees it shall be liable for the reasonable cost of attorneys for the State in the event such service is necessitated to enforce the terms of the Contract or otherwise enforce the obligations of the Contractor to the State. In the event of any such suit or claim, the contractor shall give the State immediate notice thereof and shall provide all assistance required by the State in the State's defense. The State shall give the Contractor written notice of any such claim or suit, and the Contractor shall have full right and obligation to conduct the Contractor's own defense thereof. Nothing contained herein shall be deemed to accord to the Contractor, through its attorney(s), the right to represent the State of Tennessee in any legal matter, such rights being governed by Tennessee Code Annotated, Section 8-6-106.

16. Contracts are entered into solely for the convenience of the State of Tennessee. The vendor understands and agrees that the State of Tennessee, as a signatory party to a contract, is solely responsible for its performance, and that the officers and employees of the Department of General Services, Purchasing Division, act exclusively as agents of the State for the award, consummation, and administration of contracts and are not personally liable for any performance or nonperformance by the State.

17. A bid must be received in the Purchasing Division's office on or before the date and hour designated for the bid opening or the bid will be rejected.

18. The Purchasing Division may reject any or all bids. Action to reject all bids shall be taken only for unreasonably high prices, errors in the Invitation to Bid, cessation of need, unavailability of funds, or any other reason approved by the Board of Standards. The Board of Standards may authorize rejection for failure to secure adequate competition. If an ITB is to be readvertised, all prior bids shall remain closed to inspection until the evaluation of the readvertisement is complete.

19. All present and former employees or officials of the State are referred to Tennessee Code Annotated Sec.12-4-103.

20. Any individuals with disabilities who wish to participate in public meetings such as a scheduled pre-bid conference or other scheduled function should contact the Purchasing Division to discuss any auxiliary aids or services needed to facilitate such participation. Such contact may be in person, by writing, telephonically, or otherwise, and should be made no less than ten (10) days prior to the scheduled event, to allow time for the Purchasing Division to provide such aid or service.

21. No person on the grounds of handicap or disability, age, race, color, religion, sex, national origin, or any other classification protected by Federal and/or Tennessee State constitutional and/or statutory law shall be excluded from participation in, or denied benefits of, or be otherwise subjected to discrimination in the performance of the Contract or in the employment practices of the Contractor. The Contractor shall, upon request, show proof of such non- discrimination, and shall post in conspicuous places, available to employees and applicants, notices of non-discrimination.
    
    

    NOTE: Visitor access to the William R. Snodgrass Building is from the Seventh Avenue North entrance. Individuals with disabilities may access from the Eighth Avenue Entrance.

22. Purchases of goods by the State of Tennessee are exempt from Tennessee sales and use tax pursuant to Tenn.Code Ann. §67-6-329(a)(13), and the state is generally exempt from Federal excise tax. Contractors are subject to Tennessee sales and use tax on all materials and supplies used in the performance of a contract, whether such materials and supplies are purchased by the contractor, produced by the contractor, or provided to the contractor by the State, pursuant to Tenn. Code Ann. §67-6-209. The contractor agrees to pay all taxes incurred in the performance of an awarded contract.
    
    State agencies which procure products for the purpose of resale shall register with the Department of Revenue. Upon registration, the agency will issue resale certificates to the successful contractor(s) for products procured for resale. The agency is responsible for the collection of the appropriate sales or use tax when the product is sold.
    
    

23. Exceptions to terms and conditions and/or those proposed by the bidder which may vary from the invitation to bid may render the bid unresponsive and subject the bid to rejection.

24. Unless otherwise stated, all goods called for by a purchase order must be tendered in a single delivery in compliance with the delivery time specified and payment is due only on such tender. Partial shipments and/or back orders will only be accepted with receiving agency's prior authorization.
    
    

25. All products, material, supplies and equipment offered and furnished must be new, of current manufacturer production, and must have been formally announced by the manufacturer as being commercially available as of the date of the bid opening, unless otherwise stated in this solicitation.
    
    

26. Manufacturers of chemical products which are the subject of purchase contracts for the State of Tennessee shall list and maintain a material safety data sheet (MSDS) for such chemical products on the national MSDS search repository or on the manufacturer's website so that such information can be accessed by means of the internet. A site operated by or on behalf of the manufacturer or a relevant trade association is acceptable so long as the information is freely accessible to the public. In lieu of posting a MSDS on MSDSSEARCH, a bidder shall include the manufacturer's universal resource locator (URL) for its MSDS in the solicitation.
    
    
    For purpose of this MSDS requirement, the Department of General Services recognizes the following URL for natonal MSDS search repository: MSDS-SEARCH which can be accessed on the Internet at:
    
    
    http://www.msdssearch.com/
    
    

27. Prohibition of Illegal Immigrants. The requirements of Public Acts of 2006, Chapter Number 878, of the State of Tennessee, 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 the Contract.