RFx 3000010348Official Louisiana Highway Map
ATTACHMENT A
SPECIAL TERMS AND CONDITIONS
Bid Delivery Instructions for State Procurement:
Bidders are hereby advised that the U.S. Postal Service does not make deliveries to our physical location. Bids may be mailed through the U.S. Postal Service to our box at:
Office of State Procurement
PO Box 94095
Baton Rouge, LA 70804-9095
Or bids may be delivered by hand or courier service to our physical location as follows:
Office of State Procurement
Claiborne Building, Suite 2-160
1201 North Third Street
Baton Rouge, LA 70802
Orbids may also be submitted online by accessing the link on page one (1) of the Invitation to Bid.
Bidder should be aware of security requirements for the Claiborne Building and allow time to be photographed and presented with a temporary identification badge.
Bidder is solely responsible for ensuring that its courier service provider makes inside deliveries to our physical location. The Office of State Procurement is not responsible for any delays caused by the bidder's chosen means of bid delivery. Bidder is solely responsible for the timely delivery of its bid. Failure to meet the bid opening date & time shall result in rejection of the bid.
Note:
Bidders who choose to respond to this bid online via the vendor portal are encouraged to not submit a written bid as well.
Bidders are hereby advised that due to the nature of the internet, the State of Louisiana cannot guarantee that access to the LaGov or LaPAC websites will be uninterrupted or that e-mails or other electronic transmissions will be sent to you or received by us. The Office of State Procurement is not responsible for any delays caused by the bidder’s choice to submit their bid online. Bidder is solely responsible for the timely delivery of its bid. Failure to meet the bid opening date and time shall result in rejection of the bid.
Publicizingawards:
In accordancewithL.A.C. 34:V.335, unsuccessful bidders will be notified of the award provided that theysubmitwith their bid aself-addressed stamped envelope requestingthis information.
**Attention**
Receiptof asolicitationor award cannot be reliedupon as an assuranceofreceivingfuturesolicitations. In order to receive notifications of futuresolicitations from thisoffice,you must register and enrollin theproper category in LaGov at the following website:
Enrollment inLaGov provides LaPAC email notification of bid opportunities based upon commodities that you select.
Terms and Conditions:
This solicitation contains all terms andconditions with respect to the commodities herein. Any vendorcontracts, forms, terms or other materials submitted with bid maycause bid to be rejected.
Acceptance:
Bids prices will be assumed to be firm for acceptance for a minimum of 60 days. If accepted, prices must be firm for the specified contract period.
Freight Charges:
Unit price must be inclusive of any freight charges. Bid should be F.O.B. Destination – title passing upon receipt of goods. Failure to comply with this requirement may disqualify your bid.
Method of Award:
Award to be made on an All-or-None basis to the overall lowest responsive, responsible bidder meeting the written specifications. The State of Louisiana reserves the right to accept or reject individual line items from the award.
Vendor's Forms:
The Purchase Order is the only binding document to be issued against this contract. Signing of vendor's forms is not allowed.
Invoices:
Invoices will be submitted by the Contractor to the using agency and the invoice shall refer to the delivery ticket number, delivery date, purchase order number, quantity, unit price, and delivery point. A separate invoice for each order delivered and accepted shall be submitted by the Contractor in duplicate directly to the accounting department of the using agency. Invoices shall show the amount of any cash discount and shall be submitted on the Contractor’s own invoice form
Payment:
Payment will be made on the basis of unit price as listed in the contract; such price and payment will constitute full compensation for furnishing and delivering the contract commodities. In no case will the agency refuse to make partial payments to the Contractor although all items have not been delivered. This payment in no way relieves the Contractor of his responsibility to effect shipment of the balance of the order. Payment will be made to vendor and address as shown on order.
Late Payments:
Interest due for late payments shall be in accordance with La. R.S. 39:1695 at the rates established in La. R.S. 13:4202.
Claims or Controversies:
Any claims or controversies associated with the contract issued as a result of this solicitation shall be resolved by the provisions of Louisiana Revised Statute, La. R.S. 39:1673.
Quantities:
This is an open-ended requirements contract. Quantities shown are based on the previous contract usage or estimates. The successful bidder must supply at bid price actual requirements as ordered whether the total of such requirements is more or less than the quantities shown.
Deliveries:
Contractor will maintain an adequate supply of all items in order to meet specified delivery.
Contract Period:
The State of Louisiana intends to award all items for an initial period, not to exceed 36 months. Delays in awarding, beyond the anticipated starting date, may result in a change in the contract period. If the situation occurs, an award may be made for less than 36 months.
Contract Renewal:
At the option of the State of Louisiana and acceptance by the Contractor, this contract may be extended for two additional twelve (12) month periods at the same price, terms and conditions. Total contract time may not exceed sixty (60) months.
Contract Usage Reports:
The Contractor shall submit a detailed sales data report annuallyto the Office of State Procurement Contracts Manager for the contract. Initiation and submission of the annual report to the Office of State Procurement is the responsibility of the Contractor without prompting or notification by the Office of State Procurement Contracts Manager. If this reportis not submitted in a timely manner, the Office of State Procurement shall have the right to terminate the contract.
The usage report is to include the person’s name who compiled the report and their contact information; a summary by the line item with quantity purchased; total value of each line item; summary of the total dollar volume of the entire contract; and be itemized by the purchase order number. The State reserves the right to request copies of any purchase orders.
The usage reports should be submitted in Excel format or an equivalent format approved by the Office of State Procurement.
Termination for Non-Appropriation of Funds:
The continuationof this contract is contingent upon the appropriation of funds to fulfill the requirements of this contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of a contract or if such appropriation is reduced by the veto of the Governor or by any means provided in the Appropriations Act or Title 39 of the Louisiana Revised Statutes of 1950 to prevent the total appropriations for the year from exceeding revenues for that year or for any other lawful purpose and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated.
Increase/Decrease:
The above quantities are estimated to be the amount needed. In the event a greater or lesser quantity is needed, the right is reserved by the State of Louisiana to increase or decrease the amount, at the unit price stated in the bid.
Assignment:
The Contractor shall not assign any interest in the contract by assignment, transfer or novation without prior written consent of the State. This provision shall not be construed to prohibit the Contractor from assigning his bank, trust company, or other financial institution any money due or to become due from approved contracts without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the State.
Right to Audit:
The State Legislative auditor, federal auditors and internal auditors of the Division of Administration, or others so designated by the DOA, shall have the option to audit all accounts directly pertaining to the contract for a period of five (5) years from the date of final payment or as required by applicable State and Federal Law. Records shall be made available during normal wo9rki8ng hours for this purpose.
Preference Louisiana:
In accordance with Louisiana Revised Statutes 39:1604, a preference may be allowed for products manufactured, produced, grown, or assembled in Louisiana of equal quality.
Do you claim this preference? ______
Specify Line Number(s): ______
Specify Location within Louisiana where this product is manufactured, produced, grown or assembled: ______
Do you have a Louisiana Business workforce? Yes______No______
If so, do you certify that at least fifty percent (50%) of your Louisiana business workforce is comprised of Louisiana residents? Yes______No______
Failure to specify above information may cause elimination from preferences. Preferences shall not apply to service contracts.
Procurement of United States Products:
In accordance with the provisions of R.S. 39:1604.7, in the event a contract is not entered into for products purchased under the provisions of R.S. 39:1604, each procurement officer, purchasing agent, or similar official who procures or purchases materials, supplies, products, provisions, or equipment under the provisions of this Chapter may purchase such materials, supplies, products, provisions, or equipment which are manufactured in the United States, and which are equal in quality to other materials, supplies, products, provisions, or equipment, provided that all of the following conditions are met:
(1) The cost of such items does not exceed the cost of other items which are manufactured outside the United States by more than five percent.
(2) The vendor of such items agrees to sell the items at the same price as the lowest bid offered on such items.
(3) In cases where more than one bidder offers items manufactured in the United States which are within five percent of the lowest bid, the bidder offering the lowest bid on such items is entitled to accept the price of the lowest bid made on such items.
(4) The vendor certifies that such items are manufactured in the United States.
For the purposes of this preference,
(1)"Manufactured in the United States" means produced by a process in which the manufacturing, final assembly, processing, packaging, testing, and any other process that adds value, quality, or reliability to assembled articles, materials, or supplies, occur in the United States.
(2) "United States" means the United States and any place subject to the jurisdiction of the United States.
Do you claim this preference? Yes______
Specify line number(s): ______
Specify location within the United States where this product is manufactured: ______
______
(Note: if more space is required, include on separate sheet.)
Electronic Payment:
In an effort to increase efficiencies and effectiveness as well as be strategic in utilizing technology and resources for the State and Contractor, the State intends to make all payments to Contractors electronically. The LaCarte Procurement Card will be used for purchases of $5,000 and under, and where feasible, over $5,000. Contractors will have a choice of receiving electronic payment for all other payments by selecting the Electronic Vendor Payment solution (EVP) or Electronic Funds Transfer (EFT). If you receive an award and do not currently accept the LaCarte card or EVP or have not already enrolled in EFT, you will be asked to comply with this request by choosing either the LaCarte Procurement Card and/or ONLY one (1) of the following options: EVP or EFT. You may indicate your acceptance below.
The LaCarteProcurement Card uses a Visa card platform. Contractors receive payment from state agencies using the card in the same manner as other Visa card purchases. Contractors cannot process payment transactions through the credit card clearinghouse until the purchased products have been shipped or received or the services performed.
For all statewide and agency term contracts:
- Under the LaCarte program, purchase orders are not necessary. Orders must be placed against the net discounted products of the contract. All contract terms and conditions apply to purchases made with LaCarte.
- If a purchase order is not used, the Contractor must keep on file a record of all LaCarte purchases issued against this contract during the contract period. The file must contain the particular item number, quantity, line total and order total. Records of these purchases must be provided to the Office of State Procurement on request.
EVP method converts check payments to a Visa credit card thereby streamlining payments to your organization. Participants receive a credit card account number with unique security features. This card will have $0 available funds until an invoice is approved for payment. As payments are approved, electronic remittance notifications are sent via email along with approval to charge the card for that amount. EVP requires no change to current invoice procedures; it is secure, and does not require your bank information. Charges may apply.
EFT payments are sent from the State’s bank directly to the payee’s bank each weekday. The only requirement is that you have an active checking or savings account at a financial institution that can accept Automated Clearing House (ACH) credit files and remittance information electronically. Additional information is available at:
To facilitate this payment process, you will need to complete and return both EFT enrollment forms found at:
If an award is made to your company,Payment Type:Will AcceptAlready enrolled
please check which option you will LaCarte______
accept or indicate if you are already
enrolled.Choose ONLY One (1) of the following options:
Payment Type:Will Accept Already enrolled
EVP______
EFT______
______
Printed Name of Individual Authorized
______
Authorized Signature for payment type chosenDate
______
Email address and phone number of authorized individual
SPECIAL TERMS AND CONDITIONS
SublettingContract:
The Contractor(s)awardedany contractsetoutinthese specificationsmustbesufficientlyequippedtodo alltheworkandfurnishthe itemsinsuchcontractspeedilyandwithoutunnecessarydelay,andshallnot assign,transfer,orsublethiscontract,oranyportionthereof,toanyother person,firm,or corporation,withoutfirstnotifyingtheOfficeof State ProcurementinwritingwhotheSub-Contractorwillbe. Fulldisclosureand availabilitytoSub-Contractorswillberequired.IfSub-Contractorsare approvedbythe Officeof Stateprocurement,thentheContractorshallbeheld responsiblefortheworkofanySub-Contractorsandshallseethattheworkis donewithoutunnecessarydelayinagoodworkmanshiplikemanner,andthat allnecessarypriorityoverotherworkis given.
TheContractorshallnotberelievedofanyobligationtothe Stateof Louisiana byanysublettingofa contractinwholeorinparttoanother.
QualityofWorkmanshipandStock:
Representativesofthe Stateshallhave accesstotheContractor'sorSub-Contractor’splantat anytimeduringworking hourstoinspectworkinprogress.However,suchinspectionshallnot relievethe Contractorfromany responsibilityunderthisagreementformaterialor workmanshipfounddefectiveafterdelivery.
Allarticlesfurnishedandworkdonemustbeofafirstclassqualityandin accordancewithspecificationsasstated.Theuseofpoortype,poorpressworkor theuseofadifferentcolorfromthatspecified,inferiorbinding,inferiorquality ormismatchedpaperstock,alessergradeofpaperthanthatspecified,orany otherdiscrepancieswillbesufficientcausefortherejectionoftheworkandfor refusalofpaymentthereof.
TheContractormustbe abletofurnishwithin7businessdaysthosesupplies namedinthespecifications,unlessasubstitutionis approvedbythe Officeof Stateprocurement.Ifanydifferentkindissubstituted,thequalityshallbeequal andthepricesshallnotexceedthatnamedforsimilararticlesinthe specifications.
Substitutionsofpaperstockmadewithouttheapprovalofthe OfficeofState Procurementwillbegroundsfornonpaymentforthatparticularjob.The Contractorshallmaintainrecordsdocumentingthesuppliesusedand verify thatthepaperandpaperproductsareincompliancewiththespecification requirements.
Inallprinting,theoriginalproofshallbereadand correctedinthe establishmentoftheContractor.Alltypesetmaterialistobefreefromprinter's errors.Three sets of highresolutioncontractcolorproofsheetsofbothsidesofthemapare tobefurnishedtotheOffice of State Procurement to be forwarded to the Department of Transportation and Development, Office of Planning and the Office of Culture, Recreation and Tourism for review and approvalbeforeproceedingwiththefirst printing.Foranysubsequentordersduringthecontractperiod,proofsheetsofthemapwillbesuppliedtothe Office of State Procurement in like manner as above.
Orders:
Both theOfficeof Culture,Recreation,andTourismandtheDepartmentof TransportationandDevelopmentwillissue purchaseordersdirectlytotheContractor. TheContractor(s)shallprovidestatuson purchase orderswithin24hourswhenever requested.Inquiriesonworkinprogressshallbe alloweddirectcontactwith printingpersonnel if necessary.
TimeofDelivery:
TheContractorshalldeliver50,000mapsforeach agencywithin thirty(30)calendardaysafterreceiptofpurchase order,andtheremainingmapsshallbedeliveredwithinninety (90)calendardaysafterreceiptofthepurchaseorder. Apenaltyof$100.00per dayforeverydayovertheexpirationofthirty(30)daysmaybe assesseduntil theinitialdeliveryof50,000mapsisreceivedbytheagency.
Assoonaspackagingofthe first 50,000 maps is complete, the Contractorshall provide 50flat maps(neverfolded)andonecaseoffoldedmapstothe agency contact that placed the order.
Delivery:
Deliveryis tobe F.O.B.warehouse/dockside,whichshallincludeall costoftransportationanddelivery.Completedworkshallbeshippedor deliveredpromptlywithoutany unnecessaryoravoidabledelay.Warehouse personnelwillberesponsibleforunloadingandstoringthemaps.(Thedock heightatbothwarehousesisadequateforthe standardtractor/trailer deliverytruck.)
Byacceptingacontractforprinting,binding,engravingorlithographing,the Contractoragreestocompletetheworkanddeliverthegoodsasspecified promptly,satisfactorilyandwithoutunnecessarydelay.TheContractorwill givesaidworkthenecessarypriorityoverotherworktoassuretimelydelivery. TheState Procurement Directorreservestherighttodeterminewhatis unnecessarydelaysand/orunsatisfactorygoods.Afterfullyhearingthe reasonsfordelayindoingthework,theState Procurement Directormayfix a definitedatebywhichitmustbecompletedandgoodsdelivered.Ifworkisnot completedandgoodssatisfactorilydeliveredwithinthe specifiedtime,the State Procurement Directorreservestherighttohavetheworkdoneelsewhere chargingtheContractoranyexcessivecostforworkabovecontractpricing.
Shouldit becomenecessarytopurchasea contractitemfromanothersource, otherlegalactionsmayoccurand/orimmediatecancellationofthecontract couldresult.
AgencyWarehouseDeliveryInformation:
Office ofCulture,Recreation, andTourism
Warehouse
1635 Foss Street
BatonRouge, LA70802
Johnell Duncan
Marchand Williams225-342-8139
DepartmentofTransportationandDevelopment
TrafficOperationsCentralWarehouse
7686TomDrive,SuiteA2
BatonRouge,LA70806
Myla
Pricing:
Pricingmustremainfirmforthedurationofthecontract.Pricingistobe perthousandmapsdeliveredF.O.B.tothespecifiedagencyaddressforthe DepartmentofTransportationandDevelopmentortheOfficeof Culture, Recreation and Tourismin BatonRouge,Louisiana,andincludesthecostofanyand allnecessarypaper,photographicwork,plates,lithographing,typesetting, folding,banding,packing,andshippingcontainersasset forthinthe specifications. Joint orders for delivery to both departments may be combined in order to take advantage of unit pricing.
Reservations:
TherightshallbereservedbytheState Procurement Directorfor allstatedepartmentsandanyotherstateagencyto whichthiscontractappliestousestatefacilitiesforprinting,multilith, mimeographingandsimilarworkratherthanpurchasingundercontract.
Incaseofanyemergency,whendeliveryis requiredbeforeanydateoradate fixedbythecontract(s)ortheContractorcannotmeettherequirements,the State Procurement Directorreservestherighttosecurebidsfor printingfrom personsotherthantheContractor,orContractors,andtopurchasefromany othersourcethe Office of State Procurement may deemfitwithoutliabilityeitheronthepartofthe Stateof LouisianaortheContractororContractors.
Inspectionand Acceptance:Upondeliveryofmaps,inspectionwillbemadeat the pointofdelivery.Acceptancewillbemadeafterinspectiondeterminesthatall requirementsofthespecificationsandtheproposalhavebeenmet.
Copiesofthemapthat aresoiledorfor anyotherreasonsuchasinferior packaging,printingorfolding,andpresentanappearanceofotherthanoneof theveryfinestquality,willberejectedasunacceptablebythe Departmentof Transportationand DevelopmentandtheOfficeofCulture,Recreationand Tourism.
Witheach agencyorder,arandomcopymustbeselectedandmailedto the ordering agency.Allrandomcopiesshould constituteapartofthetotalquantityordered,andno additionalchargewill beallowed.TheContractorshallchoosecopiesfromeachdifferentprintrun and verifyinwritingthatcopieswereselectedasstated. Variationsofcolorsor paperstockthatdonotmeetspecificationswillbeunacceptable.
Propertyofthe State:
Allmaterialsfurnishedbythe Stateshallbethe Contractor'sresponsibility. Contractor shalluseevery precautiontopreventdamagetothesewhileinhispossession.Materialsdamaged orotherwiseaffectedbyfaultywork,shallbereplacedbytheContractorat the Contractor’sexpense.Thesematerialsshallbereturnedpromptlytotheagencyat thetimeofcompletingtherequiredprintingandthefinalacceptance ofthefinishedmap.
Alldigitalmedia,art,film,materials,specialplatesand/ordiesproducedbythe Contractoraretobecomethepropertyofthe Stateof Louisiana.The Contractor willberesponsibleforstoringtheseandwillreturnthemtotheuseragency whenrequested,withinthreetofourworkingdays.TheContractorwillnot disposeofanymaterialswithoutobtainingwrittenapprovalfromtheuser agency.If at anytimetheContractorcannotprovidethematerialsorproofthat thematerialswerereturnedtoandreceivedbytheagency,the Contractor willberequiredto recreatethematerialsat the Contractor’sexpense.
Overrunsand Underruns:
Under ordinaryconditions,theOfficeofState Procurement willapprovean overrunoran underrunnottoexceed:
5,000to50,000-10 %
50,001to100,000- 8 %
100,001to300,000- 4%
300,001to500,000- 3 %
500,001andover- 2 %
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