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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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<br />1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />S.C. Code of Laws. <br />(2) Submission of Price or Cost Data. Upon request of the Procurement Officer, the contractor shall provide reasonably available factual <br />information to substantiate that the price or cost offered, for any price adjustments is reasonable, consistent with the provisions of Section <br />11-35-1830, [07-7B160-1] <br />PRICE ADJUSTMENT -LIMITED --AFTER INITIAL TERM ONLY <br />Upon approval of the Procurement Officer, prices may be adjusted for any renewal teen. Prices shall not be increased during the initial <br />term. Any request for a price increase must be received by the Procurement Officer at least thirty (30) days prior to the expiration of the <br />applicable term and must be accompanied by sufficient documentation to justify the increase. The request must include supporting <br />documentation which supports the request. The state realizes that new catalogs are published and/or price list each year. It will <br />be necessary for the contractor to supply the Materials Management Office with one (1) copy of each new catalog and price list <br />every year of the contract. If approved, a price increase becomes effective starting with the term beginning after approval. A price <br />increase must be executed as a change order. Contractor may terminate this contract at the end of the then current term if a price increase <br />request is denied. Notice of termination pursuant to this paragraph must be received by the Procurement Officer no later than fifteen (1 S) <br />days after the Procurement Officer sends contractor notice rejecting the requested price increase. <br />PRICING DATA -- AUDIT --INSPECTION (JAN 2006) <br />[Clause Included Pursuant to # 11-35-1830, - 2210, & -2220] (a) Cost or Pricing Data. Upon Procurement Officer's request, you shall <br />submit cost or pricing data, as defined by 48 C.F.R. # 2.101 (2004), prior to either (1) any award to contractor pursuant to 11-35-1530 or <br />11-35-1560, if the total contract price exceeds $500,000, or (2) execution of a change order or contract modification with contractor <br />which exceeds $100,000. Your price, including profit or fee, shall be adjusted to exclude any significant sums by which the state finds <br />that such price was increased because you furnished cost or pricing data that was inaccurate, incomplete, or not current as of the date <br />agreed upon between parties. (b) Records Retention. You shall maintain your records for three years from the date of final payment, or <br />longer if requested by the chief Procurement Officer. The state may audit your records at reasonable times and places. As used in this <br />subparagraph (b), the term "records" means any books or records that relate to cost or pricing data submitted pursuant to this clause. In <br />addition to the obligation stated in this subparagraph (b), you shall retain all rewrds and allow any audits provided for by 11-35- <br />2220(2). (c) Inspection. At reasonable times, the state may inspect any part of your place of business which is related to performance of <br />the work. (d) Instructions Certification. When you submit data pursuant to subparagraph (a), you shall (1) do so in accordance with the <br />instructions appearing in Table I S-2 of 48 C.F.R. # 15.408 (2004) (adapted as necessary for the state context), and (2) submit a <br />Certificate of Current Cost or Pricing Data, as prescribed by 48 CFR # 15.406-2(a) (adapted as necessary for the state context). (e) <br />Subcontracts. You shall include the above text of this clause in all of your subcontracts. (f) Nothing in this clause limits any other rights <br />of the state. [07-7B185-1] <br />PURCHASING CARD (JAN 2006) <br />Contractor agrees to accept payment by the South Carolina Purchasing Card for no extra charge. The Purchasing Card is issued by <br />Visa. The purchasing card allows state agencies to make authorized purchases from a vendor without the requirement to issue a purchase <br />order. [07-7B200-1] <br />RELATIONSHIP OF USING GOVERNMENTAL UNITS (JAN 2006) <br />Each Using Governmental Unit's obligations and liabilities are independent of every other Using Governmental Unit's obligations and <br />liabilities. No Using Governmental Unit shall be responsible for any other Using Governmental Unit's act or failure to act. [07-7B210-1] <br />SHIPPING /RISK OF LOSS (JAN 2006) <br />F.O.B. Destination. Destination is the shipping dock of the Using Govemmental Units' designated receiving site, or other location, as <br />specified herein. (See Delivery clause) [07-7B220-1] <br />STATEWIDE TERM CONTRACT (JAN 2006) <br />With this solicitation, the state seeks to establish a term contract (as defined in Section 11-35-310(35)) available for use by all South <br />Carolina public procurement units (as defined in Section I 1-35-4610(5)). Use by state governmental bodies (as defined in Section i 1-35- <br />310(18)), which includes most state agencies, is mandatory except under limited circumstances, as provided in Section 11-3.5- <br />310(35). See clause entitled "Acceptance of Offers 10% Below Price" in Part VILB. of this solicitation. Use by local public procurement <br />units is optional. Section 11-35-4610 defines local public procurement units to include any political subdivision, or unit thereof, which <br />expends public funds. Section 11-35-310(23) defines the term political subdivision as all counties, municipalities, school districts, public <br />service or special purpose districts. The State shall be entitled to audit the books and records of you and any subcontractor to the extent <br />that such books and records relate to the performance of the work. Such books and records shall be maintained by the contractor for a <br />period of three years from the date of final payment under the prime contract acid by the subcontractor for a period of three years from the <br />date of final payment under the subcontract, unless a shorter period is otherwise authorized in meriting by the Chief Procurement <br />Page 25 <br />F-7 <br />Attachment number 3 <br />Page 165 of 433 <br />
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