AG 2009 06 15 - Laserfiche WebLink

Home Browse Search

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