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<br />' offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt
<br />payment on individual invoices.
<br />' (b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor
<br />has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice,
<br />provided the state annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount
<br />earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer,
<br />' the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are
<br />closed and Government business is not expected to be conducted, payment may be made on the following business day
<br />[07-7A020-1]
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<br />DISPUTES (JAN 2006)
<br />(1)Choice-of-Forum. All disputes, claims, or controversies relating to the Agreement shall be resolved exclusively by the appropriate
<br />Chief Procurement Officer in accordance with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of
<br />jurisdiction, only in the Court of Common Pleas for, or a federal court located in, Richland County, State of South Carolina. Contractor
<br />agrees that any act by the Government regarding the Agreement is not a waiver of either the Government's sovereign immunity or the
<br />Government's immunity under the Eleventh Amendment of the United State's Constitution. As used in this paragraph, the term
<br />"Agreement" means any transaction or agreement arising out of, relating to, or contemplated by the solicitation. (2) Service of Process.
<br />Contractor consents that any papers, notices, or process necessary or proper for the initiation or continuation of any disputes, claims, or
<br />controversies relating to the Agreement; for any court action in connection therewith; or for the entry of judgment on any award made,
<br />may be served on Contractor by certified mail (return receipt requested) addressed to Contractor at the address provided as the Notice
<br />Address on Page Two or by personal service or by any other manner that is permitted by law, in or outside South Carolina. Notice by
<br />certified mail is deemed duly given upon deposit in the United States mail. [07-7A025-1]
<br />EQUAL OPPORTUNITY (JAN 2006)
<br />Contractor is referred to and shall comply with all applicable provisions, if any, of Title 41, Part 60 of the Code of Federal Regulations,
<br />including but not limited to Sections 60-1.4, 60-4.2, 60-4.3, 60-250.5(a), and 60-741.5(a), which are hereby incorporated by
<br />reference. [07-7A030-1]
<br />FALSE CLAIMS (JAN 2006)
<br />According to the S.C. Code of Laws Section 16-13-240, "a person who by false pretense or representation obtains the signature of a
<br />person to a written instrument or obtains from another person any chattel, money, valuable security, or other property, real or personal,
<br />with intent to cheat and defraud a person of that property is guilty" of a crime. [07-7A035-1]
<br />FIXED PRICING REQUIRED (JAN 2006)
<br />Any pricing provided by contractor shall include all costs for performing the work associated with that price. Except as otherwise
<br />provided in this solicitation contractor's price shall be fixed for the duration of this contract, including option terms. This clause does not
<br />prohibit contractor from offering lower pricing after award. [07-7A040-1]
<br />NON-INDEMNIFICATION (JAN 2006)
<br />Any term or condition is void to the extent it requires the State to indemnify anyone. [07-7A045-1]
<br />NOTICE (JAN 2006)
<br />(A) After award, any notices shall be in writing and shall be deemed duly given (1) upon actual delivery, if delivery is by hand, (2) upon
<br />receipt by the transmitting party of automated confirmation or answer back from the recipient's device if delivery is by telex, telegram,
<br />facsimile, or electronic mail, or (3) upon deposit into the United States mail, if postage is prepaid, a return receipt is requested, and either
<br />registered or certified mail is used. (B) Notice to contractor shall be to the address identified as the Notice Address on Page Two. Notice
<br />to the state shall be to the Procurement Officer's address on the Cover Page. Either party may designate a different address for notice by
<br />giving notice in accordance with this paragraph. [07-7A050-1]
<br />PAYMENT (JAN 2006)
<br />(a) The Using Governmental Unit shall pay the Contractor, after the submission of proper invoices or vouchers, the prices stipulated in
<br />this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless
<br />otherwise specified in this contract, including the purchase order, payment shall not be made on partial deliveries accepted by the
<br />Government. (b) Unless the purchase order specifies another method of payment, payment will be made by check. (c) Payment and
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