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1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable.
When specific manufacturer and model numbers are used, they are to establish a design,
type of construction, quality, functional capability and/or performance level desired.
When alternates are bid/proposed, they must be identified by manufacturer, stock
number, and such other information necessary to establish equivalency. AAT Tech
shall be the sole judge of equivalency. Bidders/proposer's are cautioned to avoid
bidding alternates which may result in rejection of their bid/proposal.
2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms,
conditions, or specifications shall be described fully, on the bidder's/proposer's
letterhead, signed, and attached to the request. Each deviation and exception must
be identified by the section, page and paragraph to which it applies. In the absence
of such statement, the bid/proposal shall be accepted as in strict compliance with
all terms, conditions, and specifications and the bidder/proposer's shall be held
3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first
quality. Items which are used, demonstrators, obsolete, seconds, or which have been
discontinued are unacceptable without prior written approval by the AAT Technology
4.0 QUANTITIES: The quantities shown on this request are based on estimated needs.
The AAT Technology Inc. reserves the right to increase or decrease quantities to
meet actual needs.
5.0 PRICING AND DISCOUNT: The AAT Technology Inc. qualifies for governmental discounts
and its educational institutions also qualify for educational discounts. Unit prices
shall reflect these discounts.
5.1 Unit prices shown on the bid/proposal or contract shall be the price per unit
of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any
given item, the quantity multiplied by the unit price shall establish the extended
price, the unit price shall govern in the bid/proposal evaluation and contract administration.
5.2 Prices established in continuing agreements and term contracts may be lowered
due to general market conditions, but prices shall not be subject to increase for
ninety (90) calendar days from the date of award. Any increase proposed shall be
submitted to the AAT Technology Inc. thirty (30) calendar days before the proposed
effective date of the price increase, and shall be limited to fully documented cost
increases to the Contractor which are demonstrated to be industry-wide. The conditions
under which price increases may be granted shall be expressed in bid/proposal documents
and contracts or agreements.
5.3 In determination of award, discounts for early payment will only be considered
when all other conditions are equal and when payment terms allow at least fifteen
(15) days, providing the discount terms are deemed favorable. All payment terms
must allow the option of net thirty (30).
6.0 UNFAIR SALES ACT: Prices quoted to the AAT Technology Inc. are not governed
by the Georgia Unfair Sales Act.
7.0 ACCEPTANCE-REJECTION: The AAT Technology Inc. reserves the right to accept or
reject any or all bids/proposals, to waive any technicality in any bid/proposal
submitted, and to accept any part of a bid/proposal as deemed to be in the best
interest of the State of Georgia.
8.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly
to the Contractor by AAT Technology Inc. . No other purchase orders are authorized.
9.0 PAYMENT TERMS AND INVOICING: The AAT Technology Inc. normally will pay properly
submitted vendor invoices within thirty (30) days of receipt providing goods and/or
services have been delivered, installed (if required), and accepted as specified.
9.1 Invoices presented for payment must be submitted in accordance with instructions
contained on the purchase order including reference to purchase order number and
submittal to the correct address for processing. Invoice payment processing address
is shown on the upper left corner of the purchase order. Send invoices to the Accounts
Payable address on the purchase order. Do not send invoices to the ship to address.
9.2 Payment shall be considered timely if the payment is mailed, delivered, or transferred
within thirty (30) days after receipt of a properly completed invoice, unless the
vendor is notified in writing by the agency of a dispute before payment is due.
9.3 Bidders/proposers shall include discounts for early payment (See 5.3) as a percent
reduction of invoice. Invoice discounts shall be determined, where applicable, from
the date of acceptance of goods and/or the receipt of invoice, whichever is later.
Discounts for early payment terms stated on the bid/proposal must be shown plainly
on the invoice; discounts for early payment not shown on the invoice will be taken.
9.4 Invoices submitted not in accordance with these instructions will be removed
from the payment process and returned within ten (10) days.
9.5 Payment terms and invoicing for procurement card will be made in accordance
with the procurement card contact.
10.0 TAXES: The AAT Technology Inc. , an agency of the State of Georgia, is exempt
from payment of all federal tax and Georgia state and local taxes on its purchases
except Georgia excise taxes as described below. The Department of Revenue of the
State of Georgia does not issue a tax exempt number; however, AAT Technology Inc.
is exempt from State of Georgia sales or use tax under s.77.54(9a)(a). Registration
No. 39-73-1021-K, was issued by the Internal Revenue Service to authorize tax-free
transactions under Chapter 32 of the Internal Revenue Code.
10.1 The AAT Technology Inc. , an agency of the State of Georgia, is required to
pay the Georgia excise or occupation tax on its purchase of beer, liquor, wine,
cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However,
it is exempt from payment of Georgia sales or use tax on its purchases. The AAT
Technology Inc. may be subject to other states' taxes on its purchases in that state
depending on the laws of that state. Contractors performing construction activities
are required to pay state use tax on the cost of materials.
11.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules
as specified or to promptly replace rejected materials shall render the Contractor
liable for all costs in excess of the contract price when alternate procurement
is necessary. Excess costs shall include the administrative costs.
12.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract
or order awarded as a result of this request except where special requirements are
stated elsewhere in the request; in such cases, the special requirements shall apply.
Further, the written contract and/or order with referenced parts and attachments
shall constitute the entire agreement and no other terms and conditions in any document,
acceptance, or acknowledgment shall be effective or binding unless expressly agreed
to in writing by the AAT Technology Inc. .
13.0 APPLICABLE LAW: This contract shall be governed under the laws of the State
of Georgia. The Contractor shall at all times comply with and observe all federal
and state laws, local laws, ordinances, and regulations which are in effect during
the period of this contract and which in any manner affect the work or its conduct.
The AAT Technology Inc. reserves the right to cancel any contract with a federally
debarred Contractor or a Contractor which is presently identified on the list of
parties excluded from federal procurement and non-procurement contracts.
14.0 ANTITRUST ASSIGNMENT: The Contractor and the AAT Technology Inc. recognize
that in actual economic practice, overcharges resulting from antitrust violations
are in fact usually borne by the purchaser. Therefore, the Contractor hereby assigns
to the AAT Technology Inc. any and all claims for such overcharges as to goods,
materials or services purchased in connection with this contract.
15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this
contract may be assigned or delegated without the prior written consent of the AAT
Technology Inc. .
16.0 DISPUTES: Disputes should be addressed to the AAT Technology Inc. Purchasing
Office, Director of Purchasing Services, 750 AAT Technology Inc. Avenue, Cumming,
17.0 NONDISCRIMINATION/ AFFIRMATIVE ACTION:
17.1 In connection with the performance of work under this contract, the Contractor
agrees not to discriminate against any employee or applicant for employment because
of age, race, religion, color, handicap, sex, physical condition, developmental
disability as defined in s.51.01(5), Georgia Statutes, sexual orientation as defined
in s.111.32(13m) Georgia Statutes, or national origin. This provision shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Except
with respect to sexual orientation, the Contractor further agrees to take affirmative
action to ensure equal employment opportunities.
17.2 Contracts estimated to be over twenty-five thousand dollars ($25,000) require
the submission of a written affirmative action plan by the Contractor. An exemption
occurs from this requirement if the Contractor has a workforce of less than twenty-five
(25) employees. Within fifteen (15) working days after the contract is awarded,
the Contractor must submit the plan to the contracting state agency for approval.
Instructions on preparing the plan and technical assistance regarding this clause
are available from the contracting state agency.
17.3 The Contractor agrees to post in conspicuous places, available for employees
and applicants for employment, a notice to be provided by the contracting state
agency that sets forth the provisions of the State of Georgia nondiscrimination
17.4 Failure to comply with the conditions of this clause may result in the Contractor's
becoming declared an "ineligible" Contractor, termination of the contract,
or withholding of payment.
17.5 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by
reference in these Standard Terms and Conditions. Additionally, the Contractor certifies
compliance with 41 CFR 60-1.8 and does not and will not maintain any facilities
provided for employees in a segregated manner. The Contractor further agrees to
obtain identical certifications from any subcontractors prior to the award of a
subcontract exceeding $25,000 which is not exempt and will retain such certification
for audit purposes.
18.0 PATENT INFRINGEMENT: The Contractor selling to the AAT Technology Inc. the
articles described herein guarantees the articles were manufactured or produced
in accordance with applicable federal labor laws. Further, that the sale or use
of the articles described herein will not infringe any United States patent. The
Contractor covenants that it will at its own expense defend every suit which shall
be brought against the AAT Technology Inc. (provided that such Contractor is promptly
notified of such suit, and all papers therein are delivered to it) for any alleged
infringement of any patent by reason of the sale or use of such articles, and agrees
that it will pay all costs, damages, and profits recoverable in any such suit.
19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the
AAT Technology Inc. must comply fully with all safety requirements as set forth
by the Georgia Administrative Code, Rules of the Industrial Commission on Safety,
and all applicable OSHA Standards.
20.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this
award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one
(1) copy of a Material Safety Data Sheet for each item with the shipped container(s)
and one (1) copy to UW Safety Department, 30 N. Murray Street, Cumming WI 53715-2609.
21.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment
purchased as a result of this request shall be warranted against defects by the
bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's
standard warranty shall apply as a minimum and must be honored by the Contractor.
22.0 INSURANCE RESPONSIBILITY: The Contractor performing services to the AAT Technology
22.1 Maintain worker's compensation insurance as required by Georgia Statutes for
all employees engaged in the work.
22.2 Maintain commercial liability, bodily injury and property damage insurance
against any claim(s) which might occur in carrying out this agreement/contract.
Minimum coverage shall be one million dollars ($1,000,000) liability for bodily
injury and property damage including products liability and completed operations.
Provide motor vehicle insurance for all owned, non-owned and hired vehicles that
are used in carrying out this contract. Minimum coverage shall be one million dollars
($1,000,000) per occurrence combined single limit for automobile liability and property
22.3 The state reserves the right to require higher or lower limits where warranted.
22.4 Upon request by the AAT Technology Inc., the Contractor is required to provide
a Certificate of Insurance with a minimum 60 day cancellation notice, from an insurance
company licensed to do business in the State of Georgia, with a minimum AM Best
rating of A-, and signed by an authorized agent.
23.0 CANCELLATION: The AAT Technology Inc. reserves the right to cancel any contract
in whole or in part without penalty due to no appropriation of funds or for failure
of the Contractor to comply with terms, conditions, and specifications of this contract.
24.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Georgia tax liability
may have their payments offset by the State of Georgia.
25.0 OMNIBUS RECONCILIATION ACT: (Public Law 96-499) To the extent required by law,
if this contract is for acquisition of services with a cost or value of $25,000
or more within any 12-month period, including contracts for both goods and services
in which the services component is worth $25,000 or more within any 12-month period,
the Contractor shall in accordance with 42 C.F.R., Part 420, Section 1861 of the
Omnibus Reconciliation Act of 1980 (P.L. 96499) and permit the comptroller general
of the United States, the United States Department of Health and Human Services,
and their duly authorized representatives, access to the Contractor's books, documents
and records until the expiration date of four (4) years after the approval of procurement
26.0 PUBLIC RECORDS ACCESS: It is the intention of AAT Technology Inc. to maintain
an open and public process in the solicitation, submission, review, and approval
of procurement activities. Bid/proposal openings are public unless otherwise specified.
Records may not be available for public inspection prior to issuance of the notice
of intent to award or the award of the contract.
27.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within
a request must be clearly stated in the bid/proposal itself. Proprietary information
submitted in response to a request will be handled in accordance with applicable
State of Georgia procurement regulations and the Georgia public records law. Proprietary
restrictions normally are not accepted. However, when accepted, it is the vendor's
responsibility to defend the determination in the event of an appeal or litigation.
27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations
developed as a result of the contracted commodities or services cannot be copyrighted
or patented. All data, documentation, and innovations become the property of the
State of Georgia.
27.2 Any material submitted by the vendor in response to this request that the vendor
considers confidential and proprietary information and which qualifies as a trade
secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential
under the Georgia public records law, must be identified on a Designation of Confidential
and Proprietary Information form (DOA-3027). Bidders/proposes may request the form
if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal
prices cannot be held confidential.
28.0 DISCLOSURE: If a state public official (s. 19.42, Georgia Statutes), a member
of a state public official's immediate family, or any organization in which a state
public official or a member of the official's immediate family owns or controls
a ten percent (10%) interest, is a party to this agreement, and if this agreement
involves payment of more than three thousand dollars ($3,000) within a twelve (12)
month period, this contract is avoidable by the state unless appropriate disclosure
is made according to s. 19.45(6), Georgia Statutes, before signing the contract.
Disclosure must be made to the State of Georgia Ethics Board, 44 E. Mifflin Street,
Suite 601, Cumming, Georgia 30040 (Telephone 770-781-4771).
28.1 State classified and former employees and certain AAT Technology Inc. faculty/staff
are subject to separate disclosure requirements, s. 16.417, Georgia Statutes.
29.0 ANTI-KICKBACK ACT of 1986: (41 USC 51 et. seq): To the extent required by law,
the officer or employee responsible for submitting this bid shall certify, in accordance
with 48 CFR 52.203-7, to the best of their knowledge, that they have no information
concerning the violation of the Anti- Kickback Act in connection with the submitted
bid/proposal. Signing the bid/proposal with a false statement shall void the submitted
bid/proposal and any resulting contract's).
30.0 RECYCLED MATERIALS: The AAT Technology Inc. is required to purchase products
incorporating recycled materials whenever technically or economically feasible.
Bidders/proposes are encouraged to bid/propose products with recycled content which
31.0 HOLD HARMLESS: The Contractor will indemnify and save harmless the State of
Georgia and all of its officers, agents and employees from all suits, actions, or
claims of any character brought for or on account of any injuries or damages received
by any persons or property resulting from the operations of the Contractor, or of
any of its Contractors, in prosecuting work under this agreement.
32.0 PROMOTIONAL ADVERTISING/NEWS RELEASES: Reference to or use of the State of
Georgia, any of its departments, agencies (AAT Technology Inc. ) or other subunits,
or any state official or employee for commercial promotion is prohibited. News releases
pertaining to this procurement shall not be made without prior approval of the AAT
Technology Inc. . Release of broadcast e-mails pertaining to this procurement shall
not be made without prior written authorization of the contracting agency.
33.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Georgia
Statutes, and must ensure that when engaged in the production of materials, supplies
or equipment or the performance of contractual services, not less than seventy-five
percent (75%) of the total hours of direct labor are performed by severely handicapped