F.O.B. DESTINATION (STATEWIDE CONTRACT)

F.O.B. DESTINATION FOR SHIPMENT TO:

ALL STATE AGENCIES, LOCAL GOVERNMENT AGENCIES AND AUTHORIZED
NON-PROFIT ENTERPRISES LOCATED WITHIN THE STATE OF TENNESSEE.

TERM OF CONTRACT

THE ANTICIPATED EFFECTIVE DATE AND EXPIRATION DATE OF THE CONTRACT ARE
SHOWN ON THE FRONT OF THIS SOLICITATION. IF AWARD HAS NOT BEEN MADE BY
THE ANTICIPATED EFFECTIVE DATE, THEN THE CONTRACT SHALL BECOME
EFFECTIVE UPON THE DATE THE BID IS ACCEPTED AND CONTRACT AWARDED BY
THE STATE, AS INDICATED BY THE PURCHASING AGENT'S SIGNATURE ON THE
CONTRACT NOTICE OF AWARD (NOTE: THE CHANGE OF EFFECTIVE DATE MAY NOT
RESULT IN A CHANGE OF THE ANTICIPATED EXPIRATION DATE.)

RENEWAL OPTIONS: THIS CONTRACT MAY BE RENEWED UPON SATISFACTORY
COMPLETION OF THE INITIAL CONTRACT TERM. THE STATE RESERVES THE RIGHT
TO EXECUTE UP TO _2_ OPTIONS TO RENEW THIS CONTRACT ANNUALLY UNDER THE
SAME TERMS AND CONDITIONS FOR A PERIOD NOT TO EXCEED 12 MONTHS EACH BY
THE STATE. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT THE STATE'S
COMMITMENT IS LIMITED TO A BASE TERM CONTRACT, NOT TO EXCEED TWELVE
(12) MONTHS, WHICH IS SUBJECT TO RENEWAL ANNUALLY AT THE STATE'S SOLE
OPTION.

IT IS UNDERSTOOD AND AGREED THAT THE STATE RESERVES THE RIGHT TO
EXTEND THE TERM CONTRACT PERIOD RESULTING FROM THIS SOLICITATION AN
ADDITIONAL PERIOD OF TIME, NOT TO EXCEED 180 DAYS BEYOND THE NORMAL
EXPIRATION DATE OF SUCH CONTRACT, UPON MUTUAL WRITTEN AGREEMENT BY
BOTH PARTIES, UNDER THE SAME TERMS AND CONDITIONS. PROVIDED, HOWEVER,
IN NO EVENT SHALL THE MAXIMUM TERM OF A CONTRACT EXCEED A TOTAL OF
SIXTY (60) MONTHS.
DELIVERY TIME (ON-TIME)

THE CONTRACTOR SHALL BE REQUIRED TO MAINTAIN OR TO HAVE AVAILABLE FOR
HIS OWN USE PERSONNEL, EQUIPMENT, AND SUPPLIES SUFFICIENT TO PERFORM
"ON-TIME" AS SPECIFIED IN THIS INVITATION TO BID.

FREIGHT F.O.B. STATE AGENCY (IN-HOUSE)

ALL QUOTATIONS SHALL BE F.O.B. DESTINATION. THE TERM F.O.B.
DESTINATION SHALL MEAN DELIVERED AND UNLOADED IN-HOUSE OR
ON-SITE SERVICE, WITH ALL CHARGES FOR TRANSPORTATION AND
UNLOADING PREPAID BY THE VENDOR/CONTRACTOR.

INSURANCE REQUIRED

THE SUCCESSFUL BIDDER(S) SHALL PROCURE AND MAINTAIN FOR THE DURATION
OF THE CONTRACT, AT THEIR OWN COST AND EXPENSE INSURANCE AGAINST
CLAIMS FOR INJURIES TO PERSONS OR DAMAGES TO PROPERTY INCLUDING
CONTRACTUAL LIABILITY WHICH, MAY ARISE IN CONNECTION WITH THE
PERFORMANCE OF THE WORK PERFORMED BY THE CONTRACTOR, HIS AGENTS,
REPRESENTATIVES, EMPLOYEES OR SUBCONTRACTORS UNDER THE CONTRACT.

THE INSURANCE CARRIER(S) MUST BE LICENSED TO CONDUCT BUSINESS IN THE
STATE OF TENNESSEE. THE INSURANCE WILL BE EVIDENCED BY AN ORIGINALOR
.PDF FORMAT DOCUMENT CERTIFICATE OF INSURANCE. THE CERTIFICATE SHALL
INCLUDE WORDING WHICH STATES THE PURCHASING DIVISION WILL BE NOTIFIED
THIRTY (30) DAYS PRIOR TO CANCELLATION OF THE COVERAGE OR A MAJOR
CHANGE IN THE COVERAGE PROVIDED. THE STATE OF TENNESSEE SHALL BE HELD
HARMLESS FOR ANY INJURIES, CLAIMS OR JUDGMENTS AGAINST THE CONTRACTOR.
CERTIFICATES FOR LIABILITY COVERAGES SHALL NAME THE STATE OF TENNESSEE
PURCHASING DIVISION AS AN ADDITIONAL INSURED.
THE FOLLOWING INSURANCE COVERAGES ARE REQUIRED:

WORKERS' COMPENSATION INSURANCE: A CERTIFICATE SHALL BE PROVIDED WHICH
INDICATES THE CONTRACTOR PROVIDES WORKERS' COMPENSATION COVERAGE IN
COMPLIANCE WITH THE STATE LAWS OF TENNESSEE., AND EMPLOYER'S LIABILITY
WITH THE FOLLOWING LIMITS:

E.L. EACH ACCIDENT $500,000
E.L. DISEASE- EACH EMPLOYEE $500,000
E.L. DISEASE - POLICY LIMIT $500,000

GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: COMPREHENSIVE
GENERAL LIABILITY INSURANCE, INCLUDING BUT NOT LIMITED TO, BODILY
INJURY, PROPERTY DAMAGE, CONTRACTUAL LIABILITY, PRODUCTS LIABILITY,
WITH COMBINED SINGLE LIMITS OF $500,000 PER OCCURRENCE WITH A MINIMUM
AGGREGATE OF $1,000,000.

THE SUCCESSFUL BIDDER(S) SHALL PROVIDE THE PURCHASING DIVISION
WITH AN ORIGINAL CERTIFICATE OF INSURANCE OR .PDF FORMAT DOCUMENT
AS PROOF OF INSURANCE COVERAGE, AS STATED ABOVE, NAMING THE STATE OF
TENNESSEE, PURCHASING DIVISION AS ADDITIONAL INSURED, WITHIN TEN (10)
BUSINESS DAYS AFTER REQUEST. IF THE CERTIFICATE OF INSURANCE IS IN
.PDF FORMAT, IT MUST BE RECEIVED DIRECTLY FROM THE INSURANCE COMPANY.

UPON AWARD, FAILURE TO MAINTAIN INSURANCE COVERAGE FOR THE DURATION
OF THE CONTRACT PERIOD MAY RESULT IN CANCELLATION OF THE CONTRACT. IN
EVENT THAT THE INSURANCE POLICY ON FILE IN THE PURCHASING DIVISION
EXPIRES OR IS CANCELED, THE CONTRACTOR WILL BE REQUIRED TO CEASE WORK
UNTIL PROOF OF INSURANCE IS PRESENTED.
FIRM PRICE PERIOD

PRICES QUOTED SHALL BE FIRM FOR _365_ DAYS FOLLOWING THE DATE OF
AWARD, EXCEPT IN THE EVENT AN UNEXPECTED CHARGE IS IMPOSED ON THE
CONTRACT HOLDER BY FEDERAL, STATE, COUNTY OR CITY GOVERNMENT ENTITY
DURING THE TERM OF THE CONTRACT. THE CONTRACT HOLDER MAY INVOICE THE
STATE FOR THE IMPOSED CHARGE AMOUNT AS LONG AS IT PROVIDES PROOF
(INVOICE OR STATEMENT, ETC.) OF THE IMPOSED CHARGE TO THE USER AGENCY.
THE STATE SHALL ALSO BE ADVISED OF AND RECEIVE THE BENEFIT OF ANY
PRICE DECREASE IN EXCESS OF FIVE (5) PERCENT AUTOMATICALLY. THE
CONTRACT HOLDER MUST PROVIDE WRITTEN PRICE REDUCTION INFORMATION
WITHIN TEN (10) DAYS OF ITS EFFECTIVE DATE.

WRITTEN REQUESTS FOR PRICE CHANGES BASED ON VENDOR/CONTRACTOR'S ACTUAL
COST FOR OTHER THAN AN IMPOSED CHARGE BY FEDERAL, STATE, COUNTY, OR
CITY GOVERNMENT ENTITY AFTER THE FIRM PRICE PERIOD SHALL BE SUBMITTED
IN WRITING TO THE DEPARTMENT OF GENERAL SERVICES' PURCHASING DIVISION.

ANY INCREASE SHALL BE BASED ON THE CONTRACT HOLDER'S ACTUAL COST
INCREASE AND MAY NOT CONSTITUTE ADDITIONAL PROFIT, AS SHOWN IN WRITTEN
DOCUMENTATION SUCH AS INVOICES CLEARLY DEMONSTRATING AN INCREASE IN
COST COMPONENTS UPON WHICH ORIGINAL BID OR LAST PRICE INCREASE WAS
BASED, I.E. INVOICES FOR THE COST OF MATERIALS, LABOR, DELIVERY, ETC.,
OR LABOR UNION AGREEMENTS FROM THE START OF THE CONTRACT OR FIRM BID
PRICE PERIOD AND CURRENT DATE AND/OR A SIGNED LETTER FROM THE CONTRACT
HOLDER'S SUPPLIER STATING THAT IT HAS OR WILL BE IMPOSING A SPECIFIED
DOLLAR AMOUNT OR A PERCENTAGE INCREASE FOR ALL OF ITS CUSTOMERS. IF
DOCUMENTATION IS FROM VENDOR/CONTRACTOR'S SUPPLIER, VENDOR/CONTRACTOR
MUST SHOW PROOF THAT IT HAS TRIED TO OBTAIN THE GOODS FROM OTHER
SUPPLIERS AND WAS UNABLE TO GET IT AT ANY LOWER PRICE. ALL REQUESTS
FOR PRICE INCREASES MUST BE SUBMITTED IN WRITING.

IN ORDER FOR PURCHASING DIVISION TO APPROVE THE CONTRACT HOLDER'S
REQUEST FOR A PRICE INCREASE, ITS NEW BID PRICE(S) MUST STILL BE THE
LOW BID MEETING SPECIFICATIONS; THIS WILL BE DETERMINED BY USING THE
ORIGINAL EVALUATION MODEL WITH THE PRICES FROM THE NEW PRICE LIST. IF
THE CONTRACT HOLDER'S NEW BID PRICE IS HIGHER THAN THE NEXT LOW
BIDDER, PURCHASING DIVISION WILL EVALUATE THE NEXT LOW BID TO
DETERMINE IF IT MEETS SPECIFICATIONS AND IF SO, WILL ASK IF THE NEXT
LOW BIDDER IS WILLING TO HONOR ITS BID PRICES FOR POSSIBLE RE-AWARD.
IF THE NEXT LOW BIDDER AGREES TO HONOR ITS BID PRICE AND WILL HOLD IT
FOR THE FIRM BID PRICE PERIOD FOLLOWING AWARD, PURCHASING DIVISION
WILL APPRISE THE CONTRACT HOLDER OF THE SITUATION AND ASK IF IT WANTS
TO CONTINUE WITH ITS PRICE INCREASE REQUEST OR WITHDRAW ITS PRICE
INCREASE REQUEST. IF THE CONTRACT HOLDER STATES THAT IT WANTS TO
CONTINUE WITH ITS REQUEST FOR A PRICE INCREASE, PURCHASING DIVISION
WILL RECOMMEND CANCELLATION OF THE CONTRACT AND RE-AWARD TO THE NEXT
LOW BIDDER.

AT THE OPTION OF THE STATE, (1) THE REQUEST MAY BE GRANTED, (2) THE
CONTRACT MAY BE CANCELED AND AWARDED TO THE NEXT LOW BIDDER, (3) THE
CONTRACT MAY BE CANCELED AND THE COMMODITY/SERVICE MAY BE READVERTISED
FOR AWARD, OR (4) CONTINUE THE CONTRACT WITHOUT CHANGE.

THE PURCHASING DIVISION WILL ACCEPT OR REJECT ALL SUCH WRITTEN
REQUESTS WITHIN FORTY-FIVE (45) WORKING DAYS OF THE DATE OF RECEIPT OF
COMPLETE AND VERIFIED DOCUMENTATION.

APPROVAL OF PRICE INCREASES

IF APPROVED, THE PURCHASING DIVISION WILL MODIFY THE CONTRACT TO
REFLECT THE APPROVED PRICE INCREASE, PRINT AND MAIL THE REVISED
CONTRACT. THE CONTRACT HOLDER SHALL HONOR ALL PURCHASE ORDERS DATED
PRIOR TO THE APPROVED PRICE INCREASE ACCEPTANCE DATE AT THE ORIGINAL
CONTRACT PRICE. APPROVAL OF ANY PRICE INCREASE REVIEWS THE FIRM
PRICE PERIOD.

PRICE INCREASE REJECTION

WHEN THE STATE REJECTS A REQUEST FOR A PRICE INCREASE, THE CONTRACT
HOLDER WILL BE NOTIFIED IN WRITING OF THE STATE'S INTENTION PRIOR TO
THE FIRST OF THE FOLLOWING MONTH. IF THE CONTRACT IS TO BE CANCELED,
THE CONTRACT HOLDER WILL BE REQUIRED TO HONOR ALL PURCHASE ORDERS THAT
WERE PREPARED AND DATED PRIOR TO THE DATE OF THE TERMINATION, IF
RECEIVED BY THE CONTRACT HOLDER WITHIN A PERIOD OF THIRTY (30) DAYS
FOLLOWING THE DATE OF TERMINATION.

CANCELLATION

TERMINATION FOR CONVENIENCE: THE STATE MAY TERMINATE THIS CONTRACT
WITHOUT CAUSE. SAID TERMINATION SHALL NOT BE DEEMED A BREACH OF
CONTRACT BY THE STATE. THE STATE SHALL GIVE THE VENDOR/CONTRACTOR AT
LEAST NINETY (90) DAYS WRITTEN NOTICE BEFORE THE EFFECTIVE CANCELATION
DATE.
THE VENDOR/CONTRACTOR SHALL BE ENTITLED TO RECEIVE COMPENSATION FOR
GOODS SHIPPED OR SERVICES SATISFACTORILY COMPLETED AS OF THE
CANCELATION DATE, BUT IN NO EVENT SHALL THE STATE BE LIABLE TO THE
VENDOR/CONTRACTOR FOR COMPENSATION FOR ANY GOODS OR SERVICES WHICH
HAVE NOT BEEN RENDERED.
UPON SUCH TERMINATION, THE VENDOR/CONTRACTOR SHALL HAVE NO RIGHT TO
ANY ACTUAL GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER
CLAIMS WHATSOEVER OF ANY DESCRIPTION OR AMOUNT.

TERMINATION FOR CAUSE: IF THE VENDOR/CONTRACTOR FAILS TO FULFILL ITS
OBLIGATIONS UNDER THIS CONTRACT IN A TIMELY OR PROPER MANNER, OR IF
THE VENDOR/CONTRACTOR VIOLATES ANY TERMS OF THIS CONTRACT, THE STATE
SHALL HAVE THE RIGHT TO IMMEDIATELY TERMINATE THE CONTRACT UPON
WRITTEN NOTICE OF INTENT TO CANCEL. THE STATE SHALL HAVE THE RIGHT TO
WITHHOLD PAYMENT IN EXCESS OF FAIR COMPENSATION FOR COMPLETED
SERVICES. NOTWITHSTANDING THE ABOVE, THE CONTRACTOR SHALL NOT BE
RELIEVED OF LIABILITY TO THE STATE FOR DAMAGES SUSTAINED BY VIRTUE OF
ANY BREACH OF THIS CONTRACT BY THE CONTRACTOR.

AT THE END OF ANY FISCAL YEAR ANY CONTRACT MAY BE CANCELED BY THE
STATE WITHOUT NOTICE, IN THE EVENT THAT FUNDS TO SUPPORT THE CONTRACT
BECOME UNAVAILABLE.

THE VENDOR/CONTRACTOR WILL BE REQUIRED TO HONOR ALL PURCHASE ORDERS
THAT WERE PREPARED AND DATED PRIOR TO THE DATE OF THE TERMINATION, IF
RECEIVED BY THE VENDOR/CONTRACTOR WITHIN A PERIOD OF THIRTY (30) DAYS
FOLLOWING THE DATE OF TERMINATION.

PURCHASE ORDER RELEASE (SWC)

ORDERS FOR SERVICES OR SUPPLIES THAT ARE INCLUDED ON STATEWIDE
CONTRACTS SHALL BE PREPARED BY AGENCIES ON DEPARTMENTAL PURCHASE
ORDERS AND FORWARDED DIRECTLY TO THE VENDOR/CONTRACTOR. THESE PURCHASE
ORDERS, WHEN RECEIVED BY THE VENDOR/CONTRACTOR, SERVE AS AUTHORIZATION
FOR SHIPMENT. ITEMS FROM DIFFERENT CONTRACTS MAY BE COMBINED ON A
SINGLE PURCHASE ORDER TO THE SAME VENDOR/CONTRACTOR TO MEET MINIMUM
ORDER REQUIREMENTS. LOCAL GOVERNMENT AGENCIES OR AUTHORIZED
CORPORATIONS, WHERE APPLICABLE, WILL ISSUE THEIR PURCHASE ORDER
RELEASES DIRECTLY TO THE VENDOR/CONTRACTOR(S).

BILLING INSTRUCTIONS
THE CONTRACTOR SHALL INVOICE THE STATE ONLY AFTER COMPLETION OF THE
WORK DESCRIBED IN THE PURCHASE ORDER/CONTRACT, AND AS REQUIRED BELOW
PRIOR TO ANY PAYMENT.

THE CONTRACTOR SHALL SUBMIT AN INVOICE, WITH ALL NECESSARY SUPPORTING
DOCUMENTATION, TO: STATE AGENCY BILLING ADDRESS

SUCH INVOICE SHALL CLEARLY AND ACCURATELY DETAIL THE FOLLOWING
REQUIRED INFORMATION.

INVOICE/REFERENCE NUMBER; (ASSIGNED BY THE CONTRACTOR)
INVOICE DATE;
CONTRACT AND/OR PURCHASE ORDER NUMBER; (ASSIGNED BY THE STATE)
ACCOUNT NAME; PROCURING STATE AGENCY AND DIVISION NAME
ACCOUNT/CUSTOMER NUMBER; (UNIQUELY ASSIGNED BY THE CONTRACTOR TO
THE ABOVE-REFERENCED ACCOUNT NAME;
CONTRACTOR NAME;
CONTRACTOR FEDERAL EMPLOYER IDENTIFICATION NUMBER OR SOCIAL
SECURITY NUMBER; (AS REFERENCED IN CONTRACT)
CONTRACTOR CONTACT (NAME, PHONE, AND/OR FAX FOR THE INDIVIDUAL TO
CONTACT WITH BILLING QUESTIONS);
CONTRACTOR REMITTANCE ADDRESS;
DESCRIPTION OF DELIVERED ITEM OR SERVICE; AND
TOTAL AMOUNT DUE FOR DELIVERED ITEM OR SERVICE.

THE CONTRACTOR UNDERSTANDS AND AGREES THAT THE INVOICE SHALL;

INCLUDE ONLY CHARGES FOR SERVICE DESCRIBED IN CONTRACT OR PURCHASE
ORDER AND IN ACCORDANCE WITH PAYMENT TERMS AND CONDITIONS SET FORTH
IN CONTRACT OR PURCHASE ORDER;

NOT INCLUDE ANY FUTURE WORK BUT WILL ONLY BE SUBMITTED FOR
COMPLETED SERVICE; AND

NOT INCLUDE SALES TAX OR SHIPPING CHARGES (UNLESS OTHERWISE
STIPULATED IN THE CONTRACT OR PURCHASE ORDER).

THE CONTRACTOR AGREES THAT TIMEFRAME FOR PAYMENT (AND ANY DISCOUNTS)
BEGINS WHEN THE STATE IS IN RECEIPT OF A CORRECT INVOICE MEETING THE
MINIMUM REQUIREMENTS ABOVE.

PAYMENT

IT SHALL BE THE RESPONSIBILITY OF THE "BILL TO" AGENCY TO MAKE
PAYMENT. ANY QUESTIONS CONCERNING PAYMENT SHOULD BE ADDRESSED TO THE
"BILL TO" AGENCY LISTED IN THE TOP, RIGHT SIDE OF THE PURCHASE ORDER,
NOT THE PURCHASING DIVISION.

CLEAN-UP

CLEAN UP SHALL BE THE RESPONSIBILITY OF CONTRACTOR. CONTRACTOR TO
ASSURE THAT JOB SITE IS CLEAN OF NAILS, DEBRIS, ETC. AT END OF EACH
DAY TO ENSURE SAFETY. CONTRACTOR WILL CLEAN UP AND HAUL AWAY ALL
SCRAP WHEN WORK IS COMPLETED.

SECURITY OF PROTECTED INFORMATION (A) ALL EMPLOYEES, AGENTS, AND
OTHER AFFILIATES OF CONTRACTORS UNDER THIS CONTRACT SHALL PROTECT THE
SECURITY OF INFORMATION IDENTIFIED TO THEM AS PROTECTED HEALTH
INFORMATION (PHI).

CONTRACTOR'S MANAGING AGENTS WHO ARE NOTIFIED BY THE STATE ABOUT THE
PRESENCE OF PHI IN FACILITIES COVERED BY THIS CONTRACT WILL TRANSMIT
SUCH NOTICE TO ALL EMPLOYEES, AGENTS, AND OTHER AFFILIATES OF THE CON-
TRACTOR ALLOWED ACCESS TO SUCH FACILITIES DURING THE COURSE OF THIS
CONTRACT.

(B) ALL INDIVIDUALS COVERED BY SECTION __(A) SHALL NOT READ, EXAMINE,
REMOVE, OR OTHERWISE INTERFERE WITH PHI. THEY SHALL NOT ALLOW ACCESS
TO PHI, OR DISCLOSE THE CONTENTS OF PHI, TO ANY OTHER PERSON. ALL
INDIVIDUALS WITH KNOWLEDGE OF AN UNAUTHORIZED DISCLOSURE OF PHI SHALL
NOTIFY EITHER AN APPROPRIATE STATE OFFICIAL OR A MANAGER OF THE CON-
TRACTOR WITH RESPONSIBILITY FOR NOTIFYING THE APPROPRIATE STATE
OFFICIAL.
PROHIBITION OF ILLEGAL IMMIGRANTS

THE REQUIREMENTS OF STATE OF TENNESSEE'S PUBLIC ACTS, 2006, CHAPTER
NUMBER 878 AND EXECUTIVE ORDER 41 ADDRESSING THE USE OF ILLEGAL
IMMIGRANTS IN THE PERFORMANCE OF ANY CONTRACT TO SUPPLY GOODS OR
SERVICES TO THE STATE OF TENNESSEE, SHALL BE A MATERIAL PROVISION OF
THIS CONTRACT, A BREACH OF WHICH SHALL BE GROUNDS FOR MONETARY AND
OTHER PENALTIES, UP TO AND INCLUDING TERMINATION OF THIS CONTRACT.


AS REQUIRED BY PUBLIC ACTS, 2006, CHAPTER NUMBER 878, NO PERSON MAY
ENTER INTO A CONTRACT TO SUPPLY GOODS OR SERVICES TO THE STATE WITH-
OUT FIRST ATTESTING IN WRITING THAT THE PERSON WILL NOT KNOWINGLY
UTILIZE THE SERVICES OF ILLEGAL IMMIGRANTS IN THE PERFORMANCE OF THIS
CONTRACT, AND WILL NOT KNOWINGLY UTILIZE THE SERVICES OF ANY
SUBCONTRACTOR WHO WILL UTILIZE THE SERVICES OF ILLEGAL IMMIGRANTS IN
THE PERFORMANCE OF THIS CONTRACT. FOR PURPOSES OF THIS CONTRACT,
"ILLEGAL IMMIGRANT" SHALL BE DEFINED AS ANY PERSON WHO IS NOT
EITHER A UNITED STATES CITIZEN, A LAWFUL PERMANENT RESIDENT, OR A
PERSON WHOSE PHYSICAL PRESENCE IN THE UNITED STATES IS
AUTHORIZED OR ALLOWED BY THE DEPARTMENT OF HOMELAND SECURITY AND WHO,
UNDER FEDERAL IMMIGRATION LAWS AND/OR REGULATIONS, IS AUTHORIZED TO
BE EMPLOYED IN THE U.S. OR IS OTHERWISE AUTHORIZED TO
PROVIDE SERVICES UNDER THE CONTRACT. THE CONTRACTOR HEREBY ATTESTS,
CERTIFIES, WARRANTS, AND ASSURES THAT IT SHALL COMPLY WITH THIS TERM
AND CONDITION FOR THE ENTIRE CONTRACT PERIOD.

THE CONTRACTOR UNDERSTANDS AND AGREES THAT FAILURE TO COMPLY WITH
THIS SECTION WILL BE SUBJECT TO THE SANCTIONS OF PUBLIC CHAPTER 878
OF 2006 FOR ACTS OR OMISSIONS OCCURRING AFTER ITS EFFECTIVE DATE. THIS
LAW REQUIRES THE COMMISSIONER OF FINANCE AND ADMINISTRATION TO
PROHIBIT A CONTRACTOR FROM CONTRACTING WITH, OR SUBMITTING AN OFFER,
PROPOSAL, OR BID TO CONTRACT WITH THE STATE OF TENNESSEE TO SUPPLY
GOODS OR SERVICES FOR A YEAR AFTER A CONTRACTOR IS DISCOVERED TO
HAVE KNOWINGLY USED THE SERVICES OF ILLEGAL IMMIGRANTS DURING THE
PERFORMANCE OF THIS CONTRACT. THE CONTRACTOR MAY APPEAL THE
IMPOSITION OF THE ONE-YEAR PROHIBITION BY UTILIZING AN APPEALS
PROCESS ESTABLISHED BY THE COMMISSIONER OF FINANCE AND ADMINISTRATION.

AS PER EXECUTIVE ORDER 41, THE CONTRACTOR SHALL BE REQUIRED TO SUBMIT
SEMI-ANNUAL ATTESTATION FORMS AND OBTAIN A SIGNED ATTESTATION FORM
FROM ANY SUBCONTRACTOR PRIOR TO THE USE OF THE SUBCONTRACTOR AND SEMI-
ANNUALLY THEREAFTER DURING THE CONTRACT PERIOD. THE RECORDS SHALL BE
SUBJECT TO REVIEW AND RANDOM INSPECTION AT ANY REASONABLE TIME UPON
REASONABLE NOTICE BY THE STATE. RECORDS SHALL INCLUDE BUT ARE NOT
LIMITED TO THE FOLLOWING:
1.) DOCUMENTATION ON CONTRACTORS' EMPLOYEES AND SUBCONTRACTOR
PERSONNEL WORKING ON THIS CONTRACT SHOWING THAT THEY ARE LEGAL
TO WORK IN THE UNITED STATES AND PAYROLL RECORDS.
2.) SIGNED AND DATED ATTESTATION FORMS FOR YOUR COMPANY THAT HAVE
BEEN SUBMITTED TO THE PURCHASING DIVISION AND ATTESTATION FORMS
OBTAINED FROM SUBCONTRACTOR(S).

NOTE: THE CONTRACTOR SHALL BE REQUIRED TO OBTAIN PRIOR APPROVAL TO
SUBCONTRACT FROM THE DEPUTY COMMISSIONER OF GENERAL SERVICES,
PURCHASING DIVISION.

BY AUTHORIZED SIGNATURE ON THIS INVITATION TO BID THE CONTRACTOR
CONSTITUTES SIGNING THE ATTESTATION FORM FOR THE INITIAL SIX (6)
MONTHS OF THE CONTRACT PERIOD. THE CONTRACTOR SHALL BE REQUIRED
TO SUBMIT SIGNED ATTESTATION FORMS ON A SEMI-ANNUAL BASIS FROM THE
START DATE OF THE CONTRACT PERIOD THROUGH TO ITS COMPLETION DATE TO
THE PURCHASING DIVISION. THE ATTESTATION FORM IS LOCATED ON THE
PURCHASING DIVISION WEBSITE: WWW.STATE.TN.US/GENERALSERV/PURCHASING
IN THE EVENT THAT THE CONTRACTOR FAILS TO SUBMIT THE ATTESTATION FORM,
FILLED OUT, DATED AND SIGNED, BY THE END OF ANY SIX MONTH CONTRACT
INTERVAL, THE CONTRACTOR SHALL BE NOTIFIED IN WRITING OF THE
REQUIREMENT TO SUBMIT THE ATTESTATION FORM WITHIN SEVEN (7) CALENDAR
DAYS; FAILURE TO SUBMIT THE ATTESTATION FORM WITHIN THE REQUIRED TIME
FRAME MAY RESULT IN THE CANCELLATION OF THE CONTRACT.
SWC 162, TRASH PICK-UP, REGION 2
SPECIFICATIONS

I. GENERAL SCOPE:

A. THE INVITATION TO BID IS FOR ONE 12 MONTH PERIOD WITH TWO
(2) RENEWAL OPTIONS FOR A TOTAL OF THREE (3) YEARS AND INCLUDES
THE GREAT MAJORITY OF STATE AGENCIES, HOWEVER DURING THE
CONTRACT PERIOD OTHER STATE AGENCIES CAN REQUEST TO BE ADDED TO
THE STATEWIDE; THOSE LOCATIONS WILL BE BID AND AWARDED AS A
SEPARATE INVITATION TO BID (THESE ARE CALLED ADDENDUMS TO THE
SWC WITH THE SAME END DATE AS THIS ITB).

B. THE LINE ITEMS ARE LISTED FOR REGION 2 COUNTIES IN
ALPHABETICAL ORDER. REGION 2 COUNTIES INCLUDE: BLEDSOE,
BRADLEY, CANNON, CLAY, COFFEE, CUMBERLAND, DEKALB, FENTRESS,
FRANKLIN, GRUNDY, HAMILTON, JACKSON, MARION, MCMINN,
MEIGS, OVERTON, PICKETT, POLK, PUTNAM, RHEA, SEQUATCHIE,
VAN BUREN, WARREN, WHITE IN TENNESSEE AND CATOOSA COUNTY,
IN GEORGIA.

C. WITHIN EACH COUNTY THE LOCATIONS ARE LISTED BY CITY IN
ALPHABETICAL ORDER. AWARDS WILL BE MADE IN ACCORDANCE WITH
TERM & CONDITION TITLED "SINGLE AWARD PREFERRED."

D. EACH COUNTY INCLUDES A LIST OF TRASH CONTAINERS THAT CAN BE
USED BY ANY AGENCY WITHIN THE COUNTY AS WELL AS LOCAL GOVERNMENT
AGENCIES AND NON-PROFITS IN ACCORDANCE WITH TERM & CONDITION TITLED
"PURCHASES BY LOCAL GOVERNMENT AND AUTHORIZED NON-PROFIT AGENCIES
(SWC)" IF THE BIDDER HAS INITIALED OR ANSWERED "YES" TO INDICATE
THAT THEY WILL OFFER THEIR BID PRICES TO LOCAL GOVERNMENTS AND
AUTHORIZED NON-PROFITS.

E. SOME OF THE LOCATIONS WILL NOT START IMMEDIATELY AS THE
AGENCY HAS ELECTED TO MAINTAIN THE CURRENT AGENCY TERM CONTRACT
UNTIL ITS COMPLETION. UNLESS OTHERWISE NOTIFIED THE FOLLOWING
LOCATIONS WILL BE AWARDED TO THE LOW BIDDER MEETING
SPECIFICATIONS AND SERVICES WILL START ON THE DATE INDICATED:

START DATE:
-11/01/09, BRADLEY COUNTY, PSM, DHS/PAROLES, CLEVELAND
-05/15/09, MARION COUNTY, PSM, SAFETY, JASPER
-11/01/09, RHEA COUNTY, PSM, DCS, DAYTON

II. GENERAL SPECIFICATIONS:

A. ALL CONTAINERS SHALL BE PAINTED, STEAM CLEANED, AND/OR
DEODORIZED AS REQUIRED TO PREVENT OBJECTIONABLE ODORS AND TO
MAINTAIN A GOOD APPEARANCE. CONTAINERS SHALL BE IN GOOD CONDITION
WITHOUT HOLES OR PERFORATIONS THAT ALLOW WASTE OR TRASH TO LEAK
THROUGH. CONTAINERS ARE TO BE UP-RIGHT, LEVEL, AND WITHIN THE
DESIGNATED SPACE. IN ADDITION, ALL RENTAL CONTAINERS ARE TO HAVE
SOME MEANS OF SECURITY THAT PERMITS THE USER TO LOCK THE UNIT FROM
OUTSIDE TRAFFIC USAGE AND SCAVENGING.

B. CONTAINERS ARE TO BE FILLED WITH WASTE SUITABLE FOR CLASS 1
LANDFILLS. THIS SHALL INCLUDE MATTRESSES AND BITS OF TIRES; HOWEVER
THE STATE WILL NOT BE PLACING "WHOLE" TIRES OR HAZARDOUS MATERIALS
SUCH AS PAINT, ACIDS, PESTICIDES, ETC IN THE CONTAINERS.

C. PAINTING AND STEAM CLEANING OF CONTAINERS IS TO PROVIDE A NEAR
NEW CONDITION AND APPEARANCE AND SHALL BE PERFORMED UPON REQUEST
OF THE AGENCY.

D. CONTAINERS THAT ARE PICKED-UP AT LEAST ONCE A WEEK SHALL BE
DEODORIZED TWICE A MONTH; ALL OTHER CONTAINERS SHALL BE DEODORIZED
AT THE REQUEST OF THE AGENCY. ALL WASTE IS TO BE REMOVED FROM
CONTAINERS, AND FROM THE AREA(S), AT THE FREQUENCY SPECIFIED PER
LOCATION. ANY SPILLAGE WHICH OCCURS DURING PICK-UP MUST BE
CLEANED UP BY THE DRIVER. THE CONTRACTOR SHALL PROVIDE PROTECTION
REQUIRED TO INSURE THAT ALL STATE WASTE IS REMOVED TO AN AUTHORIZED
LICENSED DISPOSAL SITE (LANDFILL) WITHOUT LOSS WHILE IN ROUTE IN
ACCORDANCE WITH ALL EPA APPROVED STANDARDS AND PROCEDURES.
THE VENDOR SHALL COORDINATE WITH THE AGENCY AS TO THE PICK-UP
SCHEDULE.

F. VENDOR VEHICLES AND CONTAINERS SUPPLIED SHALL BE IN GOOD
MECHANICAL CONDITION AND APPEARANCE. NO POLITICAL OR
OBJECTIONABLE SIGNS OR MARKINGS SHALL BE DISPLAYED WHILE ON STATE
PROPERTY. VENDOR PERSONNEL MUST HAVE VALID IDENTIFICATION TO ENTER
STATE LOCATIONS AND THE VEHICLE IS SUBJECT TO SEARCH.

G. EMERGENCY PICK-UP/EXTRA PICK-UP. FOR LOCATIONS, WITH
CONTAINER SIZES UP TO 8 CUBIC YARDS, THAT DO NOT INCLUDE AN
EMERGENCY PICK-UP LINE THERE WILL BE A MAXIMUM OF SIX (6)
EMERGENCY/EXTRA PICK-UP'S DURING A CONTRACT YEAR. FOR LOCATIONS
WITH CONTAINER SIZES ABOVE 8 CUBIC YARDS AND ALL COMPACTORS THERE
WILL BE A MAXIMUM OF TWO (2) EMERGENCY/EXTRA PICK-UP'S DURING A
CONTRACT YEAR. THE EMERGENCY/EXTRA PICK-UP WILL BE AT THE SAME
RATE AS THE REGULAR PICK-UP RATE FOR THE LOCATION. RESPONSE TIME FOR
EMERGENCY/EXTRA PICK-UPS SHALL BE TWENTY-FOURS (24), WITHIN
REGULAR BUSINESS HOURS, FROM THE TIME THE VENDOR RECEIVES THE
REQUEST.

H. THE VENDOR SHALL INCLUDE ALL DISPOSAL COSTS TO INCLUDE LANDFILL
TIPPING FEES (UNLESS THERE IS A LINE TO BID A PRICE FOR THE TIPPING
FEE) IN THEIR BID PRICE PER EACH PICK-UP FOR EACH LOCATION BID. THE
VENDOR CAN BID A PRICE FOR THE MONTHLY RENTAL OF THE CONTAINER OR
BID $0.00 ON THE MONTHLY RENTAL LINE (UOM = MTH) OR DAILY RENTAL
LINE (UOM = DA) AND INCLUDE ALL COSTS IN THE PICK-UP (UOM = P U)
LINE OR BID $0.00 ON THE PICK-UP LINE AND INCLUDE ALL COSTS ON THE
MONTHLY RENTAL LINE. ** ALL LINES IN A GROUP MUST BE BID.**

!!IMPORTANT!!
VENDOR SHALL BID A PRICE FOR ONE (1) MONTH, DAY OR PICK-UP; THE STATE
TO GET LINE ITEM TOTALS. LINE ITEM TOTALS WILL BE ADDED TOGETHER FOR
GROUP TOTALS.


III. INVOICE INFORMATION:

A. ALL INVOICES ARE TO BE ITEMIZED BY LOCATION. THE VENDOR SHALL
INCLUDE THE COST CENTER OR SITE ID, IF APPLICABLE. NOTE: WITH THE
STATE'S NEW COMPUTER SYSTEM SOME COST CENTERS MAY HAVE CHANGED.
PLEASE CONTACT THE AGENCY PRIOR TO SUBMITTING THE FIRST INVOICE TO
VERIFY COST CENTERS AND SITE ID'S.

B. INVOICES ARE TO BE SUBMITTED MONTHLY AFTER SERVICES ARE
RENDERED.

IV. AGENCY SPECIFIC INFORMATION:

A. TDEC (ENVIRONMENT/CONSERVATION).
PROCUREMENT OFFICE: MS. PAT BRIGGS AT 615-532-0298.

INVOICE AND CONTACT INFORMATION:

BLEDSOE COUNTY:
FALL CREEK FALLS STATE PARK, ROUTE 3, BOX 300, PIKEVILLE, TN 37367.
CONTACT PERSON: JIM HALL AT 423-881-3297 EXT 31 OR
SANDY CUNNINGHAM AT 423-881-5241 EXT 251.

BRADLEY COUNTY,
RED CLAY STATE PARK, 1140 RED CLAY STATE PARK, CLEVELAND, TN 37311.
CONTACT PERSON: CAROL CRABTREE AT 423-478-0339.

CUMBERLAND COUNTY:
CUMBERLAND MOUNTAIN STATE PARK, 407 WILD PLUM LANE, CROSSVILLE, TN
38572, CONTACT PERSON: TIM BROCK AT 931-707-8848.

FRANKLIN COUNTY:
TIMS FORD STATE PARK, 570 TIMS FORD DRIVE, WINCHESTER, TN 37398.
CONTACT PERSON: MIKE ROBERTSON AT 931-962-1184.

HAMILTON COUNTY:
BOOKER T. WASHINGTON STATE PARK OFFICE, 5801 CHAMPION ROAD,
CHATTANOOGA, TN 37416-0446.
CONTACT PERSON: LEVAN GARDENER AT 423-894-4955.

OVERTON COUNTY:
STANDING STONE STATE PARK, 1674 STANDING STONE STATE PARK
HIGHWAY, HILHAM, TN 38568-0446.
CONTACT PERSON: DALE MABRY AT 931-823-6347.

POLK COUNTY:
HIWASSEE/OCOEE RIVERS STATE PARK, 404 SPRING CREEK ROAD, DELANO, TN
37325, CONTACT PERSON: BRIDGET LOFGREN AT 423-283-0050.

PUTNAM COUNTY:
EDGAR EVINS STATE PARK, ROUTE 1, SILVER POINT, TN 37582.
CONTACT PERSON: CARL HALFACRE AT 615-858-2446.

WARREN COUNTY:
ROCK ISLAND STATE PARK, 82 BEACH ROAD, ROCK ISLAND, TN
37581. CONTACT PERSON: MICHELLE FORBESS AT 931-686-2471.

B. FORESTRY, EAST TN NURSERY. POLK COUNTY.
PROCUREMENT OFFICE: DEANNA WEBB AT 423-263-1626.

SEND INVOICES TO:
FORESTRY - EAST TENNESSEE NURSERY, P O BOX 59, HWY 411/
HIWASSEE RIVER, DELANO, TN 37325.

C. MENTAL HEALTH, HAMILTON COUNTY.
MOCCASIN BEND M.H. INSTITUTE.
PROCUREMENT OFFICE: ANN SUMMEY AT 423-785-3366.

SEND INVOICES TO:
MOCCASIN BEND MENTAL HEALTH INSTITUTE, MOCCASIN BEND ROAD,
CHATTANOOGA, TN 37405. CONTACT PERSON: MIKE SWAFFORD,
DIRECTOR OF MAINTENANCE, AT 423-785-3419 OR MIKE RITCHIE,
MAINTENANCE SUPERVISOR, AT 423-785-3369.

D. MILITARY: FACILITY MANAGER: JEREMY POLK AT 615-313-0772.
SEND INVOICES TO: MILITARY DEPARTMENT, PROCUREMENT OFFICE,
BLDG 150, 3000 ARMORY DRIVE, NASHVILLE, TN 37204

LISTED BELOW ARE THE FACILITY CONTACT PERSONNEL:

COUNTY, MILITARY LOCATION AND CONTACT PERSON:

BRADLEY: SFC RICHARD MULLINS AT 423-478-0344
COFFEE: CW4 REX BIRDSONG AT 931-454-1941
CUMBERLAND: SFC MICHAEL NORRIS AT 931-484-6346
FENTRESS: SFC JERRY ASBERRY AT 931-879-7760
FRANKLIN: SFC MICHAEL ROGGLI AT 931-962-2700
GRUNDY: SSG DONALD MCCLENDON AT 931-592-2757
HAMILTON: SFC MIKE WARREN AT 423-634-3816
OVERTON: SSG MICHAEL LITCHFORD AT 931-823-5333
PUTNAM: (COOKEVILLE-ARMORY) MAJ KEITH SCOTT AT 931-432-4117
PUTNAM: (COOKEVILLE-FMS-4) SFC BILLY COLLINS AT 931-432-4119
RHEA: SFC JERRY ELAM AT 423-775-1903
SEQUATCHIE: SSG DONALD MCCLENDON AT 423-949-3566
WARREN: SSG RONNIE ARGO AT 931-473-2565
WHITE: SSG ERIC LUNA AT 931-738-5160
CATOOSA, GA: CW4 JERRY MOSLEY AT 706-935-4897

E. PSM (DEPT OF GENERAL SERVICES, PROPERTY SERVICES
MANAGEMENT), CENTRAL OFFICE: BOB WRIGHT AT 615-741-9531

INVOICE AND CONTACT INFORMATION ARE LISTED BELOW:

CHATTANOOGA COMPLEX, CHATTANOOGA S.O.B., 540 MCCALLIE AVE, STE 105,
CHATTANOOGA, TN 37402-2084.
CONTACT: FACILITY ADMINISTRATOR, 423-634-6322.

MURFREESBORO COMPLEX, DEPT OF GENERAL SERVICES, PROPERTY
SERVICES MANAGEMENT, 1035 SAMSONITE BLVD, SUITE C, MURFREESBORO, TN
37129, CONTACT: FACILITY ADMINISTRATOR, 615-898-8062

F. TDOT (TRANSPORTATION): PROCUREMENT OFFICE:
GARY BRYANT AT 615-741-0699

DISTRICTS.
FOR LOCATIONS IN THE COUNTIES LISTED, PLEASE SEND INVOICES TO THE
TDOT DISTRICT'S ADDRESS AS INDICATED BELOW:

DISTRICT 21. TDOT-DISTRICT 21, 4005 CRIMWELL ROAD, CHATTANOOGA,
TN 37421, COUNTIES: BRADLEY, HAMILTON, MCMINN, MEIGS, POLK

DISTRICT 22. TDOT-DISTRICT 22, 807 RANKIN AVENUE NORTH, DUNLAP, TN
37327, COUNTIES: BLEDSOE, GRUNDY, MARION, SEQUATCHIE, VAN BUREN

DISTRICT 23. TDOT-DISTRICT 23, 2472 HIGHWAY 127S, CROSSVILLE, TN
38572, COUNTIES: CUMBERLAND, FENTRESS, OVERTON, PICKETT, RHEA

DISTRICT 24. TDOT-DISTRICT 24, 491 FERRELL DRIVE, COOKEVILLE, TN
38502, COUNTIES: CLAY, DEKALB, JACKSON, PUTNAM, WHITE

DISTRICT 25. TDOT-DISTRICT 25, 1208 EAST CARROLL STREET, TULLAHOMA,
TN 37388, COUNTIES: CANNON, COFFEE, FRANKLIN, WARREN

TDOT WELCOME CENTERS.

SEND INVOICES TO ADDRESSES LISTED BELOW:

HAMILTON COUNTY, CHATTANOOGA WELCOME CENTER:
TDOT, P.O BOX 22368, CHATTANOOGA, TN 37422

HAMILTON COUNTY, TIFTONIA WELCOME CENTER:
TDOT, P.O BOX 22368, CHATTANOOGA, TN 37422

MARION COUNTY, NICKAJACK WELCOME CENTER:
TDOT, 807 RANKIN AVENUE NORTH, DUNLAP, TN 37327

G. TWRA (WILDLIFE): PROCUREMENT OFFICE.
FRED EGGER AT 615-781-6604 OR LINDA RUSSELL AT 615-781-6603,

INVOICE AND CONTACT INFORMATION:

CUMBERLAND COUNTY:
TWRA, REGION III OFFICE, 464 INDUSTRIAL BLVD, CROSSVILLE, TN
38555, CONTACT PERSON: FRED EGGER AT 615-781-6604.

MEIGS COUNTY:
TWRA, REGION III OFFICE, 464 INDUSTRIAL BLVD, CROSSVILLE, TN
38555, CONTACT PERSON: FRED EGGER AT 615-781-6604.