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AG 2009 06 15
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AG 2009 06 15
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Last modified
2/5/2010 4:01:01 PM
Creation date
11/27/2017 11:25:33 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/5/2010
Board
Board of Commissioners
Meeting Type
Regular
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n <br />12/16/13 <br />COMPETITION FROM PUBLIC ENTITIES (JAN 2006) <br />If a South Carolina governmental entity submits an offer, the Procurement Officer will, when determining the lowest offer, add to the <br />price provided in any offers submitted by non-governmental entities a percentage equivalent to any applicable sales or use tax. S.C. <br />Code Ann. Regs 117-304.1 (Supp. 2004). [06-6057-1] <br />PRICES <br />The list price in the manufacturer's catalog will be a firm fixed price from January 1, 2009 -December 31, 2009. Contractor shall not <br />change any pricing/data to include the punch-out catalog until MMO approves any submitted price increases in accordance ~Rth the price <br />adjustment clauses in section VII. B. <br />All services outlined in this Fixed Price Bid shall be included in the percentage discount (No additional costs will be paid, except as <br />allowed for under the Delivery Services Clause). <br />This contract does not allow Floors or Ceilings on Gross Profit Margin or Mark Up on Cost. <br />The Offeror's percentage discount will remain fixed for the initial contract period plus all exercised optional renewal periods. <br />VII. TERMS AND CONDITIONS -- A. GENERAL <br />ASSIGNMENT (JAN 2006) <br />No contract or its provisions may be assigned, sublet, or transferred without the written consent of the Procurement Officer. [07-7A004- <br />BANKRUPTCY (JAN 2006) <br />(a) Notice. In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor <br />agrees to furnish written notification of the bankruptcy to the Using Governmental Unit. This notification shall be furnished within five <br />(5) days of the initiation of the proceedings relating to the bankruptcy filing. This notification shall include the date on which the <br />bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of all State contracts <br />against which final payment has not been made. This obligation remains in effect until final payment under this Contract. (b) <br />Termination. This contract is voidable and subject to immediate termination by the State upon the contractor's insolvency, including the <br />filing of proceedings in bankruptcy. [07-7A005-1] <br />CHOICE-OF-LAW (JAN 2006) <br />The Agreement, any dispute, claim, or controversy relating to the Agreement, and all the rights and obligations of the parties shall, in all <br />respects, be interpreted, construed, enforced and governed by and under the laws of the State of South Carolina, except its choice of law <br />rules. As used in this paragraph, the term "Agreement" means any transaction or agreement arising out of, relating to, or contemplated by <br />the solicitation. [07-7A010-1] <br />CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (JAN 2006) <br />(a) Any contract resulting from this solicitation shall consist of the following documents: (1) a Record of Negotiations, if any, executed <br />by you and the Procurement Officer, (2) documentation regarding the clarification of an offer [e.g., 11-35-1520(8) or 11-35-1530(6)], if <br />applicable, (3) the solicitation, as amended, (4) modifications, if any, to your offer, if accepted by the Procurement Officer, (5) your <br />offer, (6) any statement reflecting the state's final acceptance (a/k/a "award"), and (7) purchase orders. These documents shall be read to <br />be consistent and complimentary. Any conflict among these documents shall be resolved by giving priority to these documents in the <br />order listed above. (b) The terms and conditions of documents (1) through (6) above shall apply notwithstanding any additional or <br />different terms and conditions in either (i) a purchase order or other instrument submitted by the State or (ii) any invoice or other <br />document submitted by Contractor. Except as otherwise allowed herein, the terms and conditions of all such documents shall be void and <br />of no effect. (c) No contract, license, or other agreement containing contractual terms and conditions will be signed by any Using <br />Governmental Unit. Any document signed or otherwise agreed to by persons other than the Procurement Officer shall be void and of no <br />effect. [07-7A015-1] <br />DISCOUNT FOR PROMPT PAYMENT (JAN 2006) <br />(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of <br />the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to <br />Page 18 <br />F-7 <br />~~ <br />i <br /> <br />u <br /> <br />C <br />C~ <br /> <br />u <br />rl <br />n <br />i, <br />ii <br /> <br /> <br />t <br /> <br />Attachment number 3 <br />Page 158 of 433 , <br />
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