State of Washington
State of Washington
Department of Enterprise Services
Contracts and Legal, Master Contracts and Consulting Unit
Current Contract Information
Revision Date: June 12, 2012
|Contract Number: |06707 (Replace contract # 07105) |Commodity code: |5450, 7105, 7195 |
|Contract title: |Picnic Table Kits, Fire-Rings & BBQ’s |
|Purpose: |Administrative Change: Updated CCI to add correct department name and division name |
|Term: |See Paragraph 3. Terms and Conditions |
|For use by: |General use: All State Agencies, Political Subdivisions of Washington and State of Oregon, Qualified Non-profit Corporations, |
| |Materials Management Center, Participating Institutions of Higher Education (College and Universities, Community and Technical |
| |Colleges). |
|Scope of contract: |This contract is awarded to one contractor. |
|Contractor: |Washington State Department of Corrections, Correctional Industries (CI) |
|Address: |Customer Service Dept. |Customer Service |
| |Washington Corrections Center |Phone: (800) 628-4738 |
| |2321 Dayton Airport Rd, |FAX: (888) 535-0627 |
| |P.O. Box 900, G Building |Fed. I.D. No.: 91-0902133 |
| |Shelton, WA 98584 |Supplier No.: W1368 |
| | |e-mail: support@ |
|Web Site | |
|Products available |See Pricing & Specification, pages 5-9 |
|Ordering procedures |See Customer Service information. |
This page contains key contract features. Find detailed information on succeeding pages. For more information on this contract, or if you have any questions, please contact your agency Purchasing Office or you may contact the contract manager at the number listed below
| | | | |
|Contracts Specialist: |Tim L. Shay |Alternate Contact: |Customer Service |
|Phone Number: |(360) 407-9410 |Phone Number: |(360) 902-7400 |
|Fax Number: |(360) 586-2426 |Fax Number: |(360) 586-2426 |
|Email: |tim.shay@des. |Email: |csmail@ga. |
Visit our Internet site:
|Payment address: |DOC-Correctional Industries ATTN: CI Accounting |
| |P.O. Box 41116, Olympia, WA 98504-1116 |
|Order placement address: |DOC-Correctional Industries |
| |Customer Service Dept., |
| |Washington Corrections Center |
| |2321 Dayton Airport Rd. |
| |P.O. Box 900, G Building |
| |Shelton, WA 98584 |
| |Tel: (800) 628-4738 |
| |Fax: (888) 535-0627 |
| |e-mail: support@ |
|Minimum orders: |None. |
|Delivery time: |Sixty (60) Calendar Days ARO (After receipt of Order) |
|Special Note: |No minimum orders required |
|Payment terms: |Net 30 Days. See also Page 10, Paragraph 6. |
|Shipping destination: |Customer’s location anywhere in Washington State |
|Freight: |Prepaid and included in unit price |
|Contract pricing protection: |See Contract (Item #5 page 8 of contract) |
|Term Worth: |$76.000.00/per year |
|Current Participation: |$0.00 MBE |$0.00 WBE |$0.00 OTHER |$76,000.00 EXEMPT |
| |MBE 0% |WBE 0% |OTHER 0% |Exempt 100% |
Notes:
I. Ordering: Send orders directly to Correctional Industries.
II. Authorized Purchasers: All State Agencies, Political Subdivisions of Washington, Qualified Non-profit Corporations, Materials Management Center, Participating Institutions of Higher Education (College and Universities, Community and Technical Colleges).
Special Conditions:
1) Updated lower pricing on some items, revised part numbers, updated specifications,
(See Price/Specification Sheets) and administrative changes on the supplier representative page.
|Agreement Signed By: | |Agreement Signed By: |
|State of Washington | |State of Washington |
|Department of Enterprise Services | |Department of Corrections, CI |
|Master Contracts and Consulting | |Contracts and Legal Affairs Office |
|1500 Jefferson St. SE | |P.O. Box 41114 |
|Olympia, WA 98504-1017 | |Olympia, WA 98504-1114 |
| | | |
|(Signature) | |(Signature) |
| | | |
|Date | |Date |
|Tim L. Shay | |Gary Banning |
|Contracts Specialist | |Administrator, Contracts & Legal Affairs |
| | | |
| |
|(Signature) |
| |
|Date |
|Cheral Jones |
|Procurement Unit Manager |
|SUPPLIER'S REPRESENTATIVE(S) |
|Ordering of standard products, order status information, general information, |
|or to arrange an appointment with an Account Executive, contact: |
|Contact the customer service hotline |
|for your assigned sales representative. |
|Contact |Phone |Fax |Email |
|Customer Service Hotline |1-800-628-4738 |888-535-0627 or |Support@ |
| | |(360) 427-2238 | |
|Contract Administration |
|Contact |Phone |Fax |Email |
|Tom Beierle, Assistant Director |(360) 725-9159 |(360) 753-0219 |tmbeierle@doc1. |
|Cameron Hood, Brand Manager |(360) 725-9131 |(360) 753-0219 |chood@doc1. |
|Accounting Inquiries |
|Contact |Phone |Fax |Email |
|Joe Koval, Chief Financial Officer |(360) 725-9109 |(360) 664-9329 |jlkoval@doc1. |
|Sales Department |
|Contact the customer service hotline (800-628-4738) for your assigned sales representative. |
PRICE SHEET
|Item |Part # |Description |Unit |Unit Price |
| |ALTB-6 |6’ Picnic Table, aluminum top, complete |Ea |$490.00 |
| |ALTB-8 |8’ Picnic Table, aluminum top, complete |Ea |$568.00 |
| |ALTB-10 |10’ Picnic Table, aluminum top, complete |Ea |$640.00 |
| |ALTB-6ADA |Picnic Table 6’ aluminum benches, 8’ aluminum ADA accessible top, complete |Ea |$537.00 |
| |ALTB-8ADA |Picnic Table 8’ aluminum benches, 10’ aluminum ADA accessible top, complete |Ea |$615.00 |
| |ALTB-10ADA |Picnic Table 10’ aluminum benches, 12’ aluminum ADA accessible top, complete |Ea |$687.00 |
| |WDTB-6 |6’ Picnic Table, wood top, complete |Ea |$340.00 |
| |WDTB-8 |8’ Picnic Table, wood top, complete |Ea |$360.00 |
| |WDTB-6ADA |Picnic Table 6’ wood benches, 8’ wood ADA accessible top, complete |Ea |$358.00 |
| |WDTB-8ADA |Picnic Table 8’ wood benches, 10’ wood ADA accessible top, complete |Ea |$388.00 |
| |PTFAL-6 |Table Frame with frame kit for 6’ table, compatible w/aluminum planks |Ea |$250.00 |
| |PTFAL-8 |Table Frame with frame kit for 8’ table, compatible w/aluminum planks |Ea |$250.00 |
| |PTFAL-6ADA |Table Frame with frame kit for 6’ ADA table, compatible w/aluminum planks |Ea |$270.00 |
| |PTFAL-8ADA |Table Frame with frame kit for 8’ ADA table, compatible w/aluminum planks |Ea |$270.00 |
| |PTFAL-10ADA |Table Frame with frame kit for 10’ ADA table, compatible w/aluminum planks |Ea |$270.00 |
| |PTFWD-6 |Table Frame with frame kit for 6’ table, compatible w/wood planks |Ea |$250.00 |
| |PTFWD-8 |Table Frame with frame kit for 8’ table, compatible w/wood planks |Ea |$250.00 |
| |PTFWD-6ADA |Table Frame with frame kit for 6’ ADA table, compatible w/wood planks |Ea |$270.00 |
| |PTFWD-8ADA |Table Frame with frame kit for 8’ ADA table, compatible w/wood planks |Ea |$270.00 |
| |ALPLK-6 |6’ Aluminum replacement plank (Qty: 1) |Ea |$49.00 |
| |ALPLK-8 |8’ Aluminum replacement plank (Qty: 1) |Ea |$65.50 |
| |ALPLK-10 |10’ Aluminum replacement plank (Qty: 1) |Ea |$81.50 |
| |ALPLK-12 |12’ Aluminum replacement plank (Qty: 1) |Ea |$98.00 |
| |WDPLK-6 |6’ Wood replacement plank (Qty: 1) |Ea |$22.00 |
| |WDPLK-8 |8’ Wood replacement plank (Qty: 1) |Ea |$22.00 |
| |WDPLK-10 |10’ Wood replacement plank (Qty: 1) |Ea |$33.00 |
| |ENDCAP-10 |End Cap for single aluminum plank (Qty: 1) |Ea |$4.00 |
| |ENDCAP-30 |End Cap for table top three planks (Qty: 1) |Ea |$11.00 |
| |PBAL-6 |6’ Park Bench, aluminum bench and back |Ea |$231.00 |
| |PBAL-8 |8’ Park Bench, aluminum bench and back |Ea |$262.00 |
| |PBWD-6 |6’ Park Bench, wood bench and back |Ea |$170.00 |
| |PBWD-8 |8’ Park Bench, wood bench and back |Ea |$180.00 |
| |3000-7 |Small campfire ring |Ea |$97.00 |
| |3000-9 |Medium campfire ring |Ea |$110.00 |
| |3000-11 |Large campfire ring |Ea |$188.00 |
| |3000-12 |Large campfire ring w/tilt back |Ea |$188.00 |
| |3000-13 |Large campfire ring w/double grill |Ea |$264.00 |
| |3010 |Family park grill |Ea |$157.00 |
| |3011 |Family park grill |Ea |$114.00 |
| |3012 |Medium coverage grill |Ea |$151.00 |
| |3013 |Medium coverage grill |Ea |$259.00 |
| |3014 |Large Surface grill |Ea |$475.00 |
| |SS-7/15 |Side Shelf |Ea |$15.00 |
| |No Freight In Washington State. Call for freight charges for out of state orders. | |
SPECIFICATION SHEET
|Item |Description/Specification |
|1. |6’ Picnic Table with aluminum top & benches, ALTB-6 (Complete) |
| |Nominal table height 30”, nominal bench height 18”, 6’ length top and benches |
| |Non-tip, non-trip walk-through design. Die-formed center channel & tubular steel diagonal braces align & strengthen entire table |
| |Welded end frames fabricated from 2.25” O.D. aluminized steel tubing. 16 gauge minimum |
| |Tubular diagonal braces fabricated from 1.375” O.D. galvanized steel tubing |
| |Fast, easy assembly using 3/8” diameter zinc plated carriage bolts |
| |Satin clear anodized maintenance free finish aluminum planks with matching end caps |
|2. |8’ Picnic Table with aluminum top & benches, ALTB-8 (Complete) |
| |Same table as item #1 except 8’ length vs. 6’ |
|3. |10’ Picnic Table with aluminum top, ALTB-10 (Complete) |
| |Same table as item # 1 except 10’ length vs. 6’ |
|4. |ADA Picnic Table with 6’ benches & 8’ aluminum top, ALTB-6ADA (Complete) |
| |6’ aluminum benches with 8’ aluminum table top extending 24” beyond end of bench planks at one end only |
| |24” extension supported by 1.375” tubular steel bracing (supplied), provides ample knee clearance |
| |Other specifications are the same as item # 1 |
|5. |ADA Picnic Table with 8’ benches & 10’ aluminum top, ALTB-8ADA (Complete) |
| |Same as item # 4 with the exception of 8’ benches and 10’ table top vs. 6’ and 8’ |
|6. |ADA Picnic Table with 10’ benches & 12’ aluminum top, ALTB-10ADA (Complete) |
| |Same as item # 4 with the exception of 10’ benches and 12’ table top vs. 8’ and 6’ |
|7. |6’ Picnic Table with wood top & benches, WDTB-6 (Complete) |
| |Item specifications are the same as item #1 with the exception of wood planks vs. aluminum |
| |6’ bench and top planks are Douglas Fir 2”x10” SBS Select Grade with a clear anti fungal sealant finish |
| |Corners and edges are sanded to remove sharp edges |
|8. |8’ Picnic Table with wood top & benches, WDTB-8 (Complete) |
| |Same table as item #7 except 8’ length vs. 6’ |
|9. |ADA Picnic Table with 6’ wood benches & 8’ wood top, WDTB-6ADA (Complete) |
| |6’ wood benches with 8’ wood table top extending 24” beyond end of bench planks at one end only |
| |24” extension supported by 1.375” tubular steel bracing (supplied) provides ample knee clearance |
| |Other specifications are the same as item #7 |
|10. |ADA Picnic Table 8’ wood benches & 10’ wood top, WDTB-8ADA (Complete) |
| |8’ wood benches with 10’ wood table top extending 24” beyond end of bench planks at one end only |
| |Other specifications are the same as item #7 |
|11. |Picnic Table Frame for 6’ aluminum table with hardware, PTFAL-6 |
| |Frame is designed for aluminum planks only |
| |Nominal table height 30”, nominal bench height 18”, 6’ length |
| |Non-tip, non-trip walk-through design. Die-formed center channel & tubular steel diagonal braces align & strengthen entire table |
| |Welded end frames fabricated from 2.25” O.D. aluminized steel tubing. 16 gauge minimum |
| |Tubular diagonal braces fabricated from 1.375” O.D. galvanized steel tubing |
| |Fast, easy assembly using 3/8” diameter zinc plated carriage bolts |
|12. |Picnic Table Frame for 8’ aluminum table with hardware, PTFAL-8 |
| |Same specifications as item #11 except 8’ bench and table top length |
|13. |ADA Picnic Table Frame for 6’ aluminum table with hardware, PTFAL-6ADA |
| |Same specifications as item #11 except 6’ bench length and 8’ table top length |
|14. |ADA Picnic Table Frame for 8’ aluminum table with hardware, PTFAL-8ADA |
| |Same specifications as item #11 except 8’ bench length and 10’ table top length |
|15. |ADA Picnic Table Frame for 10’ aluminum table with hardware, PTFAL-10ADA |
| |Same specifications as item #11 except 10’ bench length and 12’ table top length |
| |Note: 10’ ADA table available with aluminum planks only |
|16. |Picnic Table Frame for 6’ wood table with hardware, PTFWD-6 |
| |Frame is designed for wood planks only |
| |Nominal table height 30”, nominal bench height 18”, 6’ length |
| |Non-tip, non-trip walk-through design. Die-formed center channel & tubular steel diagonal braces align & strengthen entire table |
| |Welded end frames fabricated from 2.25” O.D. aluminized steel tubing. 16 gauge minimum |
| |Tubular diagonal braces fabricated from 1.375” O.D. galvanized steel tubing |
| |Fast, easy assembly using 3/8” diameter zinc plated carriage bolts |
|17. |Picnic Table Frame for 8’ wood table with hardware, PTFWD-8 |
| |Same specifications as item #16 except 8’ bench and table top length |
|18. |ADA Picnic Table Frame for 6’ wood table with hardware, PTFWD-6ADA |
| |Same specifications as item #16 except 6’ bench length and 8’ table top length |
|19. |ADA Picnic Table Frame for 8’ wood table with hardware, PTFWD-8ADA |
| |Same specifications as item #16 except 8’ bench length and 10’ table top length |
|20. |6’ Aluminum Replacement Plank, ALPLK-6 |
| |Single 6’ aluminum replacement plank |
| |Satin clear anodized maintenance free finish aluminum table plank |
| |End cap not included |
|21. |8’ Aluminum Replacement Plank, ALPLK-8 |
| |Same specifications as item #20 except 8’ length |
|22. |10’ Aluminum Replacement Plank, ALPLK-10 |
| |Same specifications as item #20 except 10’ length |
|23. |12’ Aluminum Replacement Plank, ALPLK-12 |
| |Same specifications as item #20 except 12’ length |
|24. |6’ Wood Replacement Plank, WDPLK-6 |
| |Single 6’ wood replacement plank |
| |Douglas fir 2” X 10” S4S Select Grade, treated with clear anti fungal sealant finish |
| |Corners and edges are sanded to remove sharp edges |
|25. |8’ Wood Replacement Plank, WDPLK-8 |
| |Same specifications as item #24 except 8’ length |
|26. |10’ Wood Replacement Plank, WDPLK-10 |
| |Same specifications as item #24 except 10’ length |
|27. |6’ Aluminum Park Bench, PBAL-6 |
| |6’ long park bench with aluminum bench and back |
| |Bench seat and back are 2” x 10” wide by 6’ long |
| |Satin clear anodized maintenance free finish aluminum bench planks with matching end caps |
| |Aluminum planks are mounted on steel supports designed to be bolted down |
| |Plank mounting hardware is supplied |
|28. |8’ Aluminum Park Bench, PBAL-8 |
| |Same specifications as item #27 except 8’ length |
|29. |6’ Wood Park Bench, PBWD-6 |
| |6’ long park bench with wood bench and back |
| |Bench seat and back are 2” X 10” wood planks 6’ long |
| |Douglas fir 2” X 10” S4S Select Grade, treated with a clear anti fungal sealant finish |
| |Corners and edges are sanded to remove sharp edges |
| |Wood planks are mounted on steel supports designed to be bolted down |
| |Plank mounting hardware is supplied |
|30. |Park Bench with wood bench and back 8’, PBWD-8 |
| |Same specifications as item #29 except 8’ length |
|31. |Small Campfire Ring with angle anchors, 3000-7 |
| |Campfire ring with angle spade anchors |
| |7-3/8” high fire barrier, 31 1/2” overall diameter |
| |Ring constructed from 3/16” thick steel with formed 3/4” flanged lip around top of ring and 9/16” draft holes spaced around bottom perimeter |
| |270 square inch grate with 5/8” diameter A-36 steel bars around perimeter, 3/4” diameter A-36 steel bar handle and 1/2” diameter A-36 steel |
| |bars grate surface |
| |Ring has three heavy anchors of 1-3/4” x 1-3/4” x 3/16” A-36 steel angle with welded on spades of 1/8” thick steel to permanently anchor |
| |unit to ground |
| |Single level, hinged cooking grate, grate tips back for fire building and easy cleaning |
| |Bottomless design installs without concrete pad |
| |Unit finished in high temperature, heat resistant, nontoxic black powder coat |
|32. |Medium Campfire Ring, 3000-9 |
| |Campfire cook-site |
| |9” high fire barrier, 31 1/2” overall diameter |
| |Ring constructed from 3/16” thick steel with formed 3/4” flanged lip around top of ring and 9/16” diameter draft holes spaced around the |
| |bottom perimeter. |
| |270 square inch grate constructed from 5/8” diameter A-36 steel bars around the perimeter, 3/4” diameter A-36 steel bars for handles and 1/2”|
| |diameter A-36 steel bars grate surface |
| |Single level, hinged cooking grate, grate tips back for fire building and easy cleaning |
| |Bottomless design installs without concrete pad |
| |Two adjusting handles with spring grips suitable for public use made from 1/4” steel rod and remain outside fire barrier at all positions |
| |Two 1/2” diameter steel “J” anchor pins with deformed ends insert 15” into concrete footing |
| |Unit finished in high temperature, heat resistant, nontoxic black powder coat |
|33. |Large campfire ring for group activities, 3000-11 |
| |Large campfire ring for group activities |
| |11-3/8” high fire barrier, 55-1/2”overall diameter |
| |Ring constructed from 3/16” thick steel with formed 3/4” flanged lip around top of ring with 9/16” draft holes spaced around bottom |
| |perimeter. |
| |Ring has four 1/2” diameter anchor pins for concrete embedment |
| |Remaining criteria same as item #32 |
|34. |Large campfire ring for group activities, 3000-12 |
| |Same specifications as item #33 except the anchor system |
| |Ring has two 1/2” diameter anchor pins for concrete embedment and allows to flip up for easy clean out |
|35. |Large campfire ring for group activities, 3000-13 |
| |Large campfire ring for group activities |
| |Same specifications as item #33 except it has two identical grilling surfaces mounted opposed to each other |
|36. |Family Park Grill, 3010 |
| |Grill will accept optional utility shelf (#SS-7/15) |
| |300 square inch grate adjusting to 4 levels between 3-1/2” to 8-3/4” above fire bed in a 15” x 20” x 10” high firebox |
| |Full 360 degree rotation for draft control |
| |Firebox constructed of 3/16” plate steel with integral ash flange die-formed into front edges of both side panes, exposed corners rounded to |
| |1-1/2” radius |
| |Grate constructed from 5/8” diameter A-36 steel bars for support handles and 1/2” diameter A-36 steel bars spaced 1-1/8” on center to provide|
| |grate surface and be permanently attached to firebox |
| |Integral ash retainer flange combats heat warping and prevents ashes from falling from the firebox |
| |Grill supported by 3-1/2” O.D. x 40” long steel pipe |
| |Entire unit finished in high temperature, heat resistant, nontoxic black powder coating |
|37. |Family Park Grill, 3011 |
| |Grill will accept optional utility shelf (#SS-7/15) |
| |250 square inch grate adjusting to four levels in a 16” x 16” firebox with 8” sides |
| |Full 360 degree rotation for draft control |
| |Grate tips out of fire box for easier fire building & cleaning |
| |Firebox & swivel mechanism constructed entirely of 3/16” steel plate with integral ash flange, exposed corners rounded to 1-1/2” radius, all |
| |edge connections welded |
| |Grate is incorporated into firebox body, preventing removal from firebox allowing grate to be tipped for cleaning/fire building |
| |Grate constructed from 5/8” diameter A-36 steel bar around perimeter and handles 1/2” diameter A-36 steel bars to provide grate surface |
| |Grate provided with two substantially constructed springs coil grips suitable for public use made from 1/4” steel rod.\ |
| |Grill supported by a 3-1/2” x 40” long steel pipe for permanent installation in concrete footing |
| |Entire unit finished in high temperature, heat resistant, nontoxic black powder coating |
|38. |Medium Coverage Grill, 3012 |
| |Grill will accept optional utility shelf (#SS-7/15) |
| |384 square inch cooking area with one grate and a 16” x 24” firebox with 8” high sides |
| |Firebox fabricated from 3/16” steel plate, exposed corners rounded to 1-1/2” radius and edge connections entirely welded |
| |Firebox has reinforcing flange and flares die-formed into back and side panels, ring reinforced and drainage allowance provided |
| |Grate adjustable from 3-3/4” to 12” above bottom of firebox |
| |Grate tips back for easier fire building and cleaning |
| |Grate reinforced for support without bending or sagging. Grate constructed from 5/8” diameter A-36 steel bars around perimeter and handles |
| |and 1/2” diameter A-36 steel bars to provide grate surface |
| |Grate has two spring grips handles suitable for public use made from 1/4” steel rod |
| |Grill supported by a 3-1/2” O.D. 40” long steel pipe |
| |Entire unit finished in high temperature, heat resistant, nontoxic black powder coating |
|39. |Medium Coverage Grill, 3013 |
| |Grill designed to accept up to 4 optional utility shelves (#SS-7/15) |
| |1040 square inch with two grates and a 32” x 32-1/2” firebox with 8” high sides |
| |Grates adjustable from 3-3/4” to 12” above bottom of firebox and tip back to provide access to firebox. |
| |Full 360 degree rotation for draft control |
| |Firebox constructed of 3/16” steel plate, exposed corners rounded to 1-1/2” radius, ring reinforced and allowance for drainage |
| |Grates structurally reinforced. Secured to firebox by 2 vertical 3/4” diameter A-36 steel bars. Constructed from 5/8” diameter A-36 steel |
| |bars for handles and 1/2” diameter A-36 steel bars to provide the grate surface |
| |Grates provided with two spring grip handles for use by public made from 1/4” steel rod |
| |Grill supported by a 3-1/2” O.D. 40” long, steel pipe for permanent installation in concrete footing |
| |Entire unit finished in high temperature, heat resistant, nontoxic black powder coating |
|40. |Large Coverage Grill, 3014 |
| |Grill designed to accept up to 4 optional utility shelves (#SS-7/15) |
| |Overall dimensions 44” x 51” x 40” high |
| |Two grates total 1,350 square inches of cooking area hinged to top of 36” x 38” x 12” firebox |
| |Firebox constructed of 3/16” plate steel. Two integral ash flanges formed at open ends to retain ashes, exposed corners rounded to 1-1/2” |
| |radius. |
| |Cooking grates constructed of 5/8” diameter A-36 steel bars around perimeter and for handles. 1-2” diameter A-36 steel bars spaced 1-1/8” on |
| |center for cooking surface. |
| |Fire grate supported in four locations and adjust to four levels from 4-1/4” to 9-1/2” from bottom of cooking grates and are not removable |
| |from firebox but tip fully out for easier cleaning and fire building |
| |Grate bars formed up to prevent charcoal or log roll out |
| |Entire unit finished in high temperature, heat resistant, nontoxic black powder coating |
|41. |Side Shelf, SS-7/15 |
| |Optional utility side shelf for the grills |
| |Shelf constructed of 3/16 steel plate |
| |Powder coated in high temp black, same color as box |
| |Shelf comes with mounting hardware (bolts, nuts, washers, and spacers) |
| |All grills are designed ready to receive optional shelf |
SPECIAL TERMS & CONDITIONS
SCOPE OF CONTRACT
This contract is for the purchase of Correctional Industries' (CI) products. This contract is a mandatory use contract for Washington State Parks Department. CI is the first source of supply for products.
Important Note
Pursuant to RCW 43.19.534, state agencies and departments shall purchase for their use any required goods and services that are produced or provided in whole or in part from class II inmate work programs operated by CI. Unless CI has granted an authorized exemption, any state agency or department who purchases from another source may be in direct violation of state law. In the event that state law has been violated, CI reserves the right to insist upon the strict performance of this contract and pursue any other remedies available by law.
This contract was established in accordance with Revised Code of Washington 43.19.534, which provides the basis for mandatory purchases under this contract. In accordance with statute, if a Washington State manufacturer exists and meets exemption criteria identified in the Exemption Form (refer to Attachment entitled Exemption Form), an exemption will be allowed by CI. Revised Code of Washington 43.19.190 is superseded by the statute, which is the foundation of this contract, therefore the Best Buy Provisions do not apply to this contract. However, in circumstances where CI cannot meet your required delivery timeframe (i.e. end of biennium requirements, etc.) or the contract delivery term, CI may grant a one-time exception, reviewed on a case by case basis, contact Todd Cunnington at 800-941-3690 for further information.
CUSTOMERS
Washington State Parks Department, All other State Agencies, Political Subdivisions of Washington, Qualified Non-profit Corporations, Materials Management Center and Participating Institutions of Higher Education (College and Universities, Community and Technical Colleges).
TERM OF CONTRACT
Contract term shall be in accordance with RCW 43.19.534. This contract shall be effective 04/01/2008.
The parties agree to meet; if necessary, every 18 months to negotiate any modifications of any terms or conditions that may be a concern to either party. If a concern over a term or condition arises prior to the regularly scheduled meeting, the parties will schedule a special meeting and negotiate in good faith over a modification of that term or condition.
If, during the course of the contract term, RCW 43.19.534 is amended to eliminate the mandatory element, this contract will automatically convert to a convenience use contract after 60 days, unless otherwise specifically stipulated by the legislature. In the event this contract converts to convenience use, the following will also become part of the convenience use contract:
In the event of on-going non-performance of contractual requirements, the MCCU may do one or more of the following: terminate this contract, impose liquidated damages, or exercise any remedy provided by law.
CONTRACT EXTENSION
The MCCU and CI reserve the right to extend this contract for additional contract terms or portions thereof. Contract extensions shall be subject to mutual agreement between MCCU and CI. MCCU or CI shall respond within thirty (30) calendar days following receipt of a request for extension.
CONTRACTOR'S REPRESENTATION
Responsibility: CI’s Customer Service agents and sales representative(s) shall function as the primary point of contact, ensuring all supervision, coordination and corrective action is taken as necessary to meet contractual requirements.
Availability: CI’s Customer Service agents and sales representative(s) shall be readily available during normal business hours (8:00 AM- 3:45 PM Pacific Standard Time Monday through Friday) throughout the term of this contract. The representative(s) shall respond to a customer call within one business day from their initial call.
CI shall maintain sufficient sales representatives to ensure adequate coverage throughout the state. Sales representative will be responsible for providing correct order/product information. Sales staff shall be capable of assisting customers with product information, technical data, compatibility, order status information, etc.
CI shall maintain sufficient internal office staff to assist in price, availability, order processing, modifications, and to review orders for accuracy prior to order entry. The contract users will provide a toll free number.
PAYMENT TERMS
Net 30 days. Payment should be made after receipt of product/service and the receipt of an acceptable invoice from CI. When there are damaged item(s) or there are other factors making replacement of item(s) necessary, payment should be made on all undamaged goods received and invoiced for without regard to the resolution of the item(s) in question. Payment for item(s) in question is to be processed upon satisfactory fulfillment of CI’s contractual obligations and receipt of invoice.
SHIPPING LOCATIONS
Authorized users of this mandatory purchase contract have various locations where goods are to be shipped; therefore, CI will ship to any location throughout the state upon customer’s request at no additional cost.
PURCHASE ORDER ACKNOWLEDGMENT
CI will acknowledge orders in writing within five (5) business days after receipt of an accurate and complete order. An order is not considered received until all information provided by the customer for the product, billing, and shipping data is complete and accurate. Order acknowledgments will be sent to the customer's “Bill to” address, unless otherwise requested by the customer.
The acknowledgment shall include field/purchase order number, ship to address, items ordered, contract pricing, and ship date. CI shall send only one order acknowledgment per order (unless subsequent changes need to be acknowledged), which shall be a consistent form recognized by their customers, and checked for accuracy prior to mailing.
Written field orders mailed or faxed to CI are preferred. Due to the possibility of errors, CI may refuse to accept telephone orders.
Alternate or additional terms and conditions accompanied with a purchase order acknowledgment are unacceptable; the terms and conditions incorporated herein prevail.
FAX ORDERS
CI will accept fax orders, provided:
a) Customer must send their order with a cover sheet showing how many pages are included in the fax and verify fax transmission report reflects the correct number of pages sent via fax.
b) If a written confirming order is mailed to CI, it must be marked as a "confirming order" and specify the date that the fax order was previously transmitted to CI.
c) Customer is responsible for cancellation or return charges should a double order occur because the written order was not properly identified as a "confirming order".
PACKAGING
Specifications: Unless otherwise specified, goods are to be shipped in new and undamaged condition and packaged in accordance with shipping industry standards. Goods shipped in other than industry standard packaging, as requested by the customer, shall be at an additional cost and risk to the customer.
Labeling: Individual shipping cartons shall be labeled with the name of the ordering customer, order number, contractor and product number. Product will be identified with the date of manufacture and batch number. If requested by the customer, carton labels shall include tag or location numbers and floor/room numbers.
SHIPPING INSTRUCTIONS
All goods are to be shipped prepaid & included to the customer in any amount to any delivery location within the state of Washington.
Partial shipments: Partial shipments are acceptable unless the purchaser indicates otherwise on the order document.
DELIVERY
All goods delivered under this contract shall be delivered within sixty (60) calendar days after receipt of order (ARO)
CI PERFORMANCE AS A CONTRACTOR
A. General Requirements: The MCCU, in conjunction with contract users, monitors and maintains records of CI performance. Said performance shall be a factor in considering further extensions of this contract. Customers are provided with product/service performance report forms that are forwarded to CI and to the contract administrator.
B. Non-Performance: Nonperformance of contractual requirements or stipulations shall constitute cause for either party to seek any remedy provided for in this contract or allowed by law.
PRICING AND ADJUSTMENTS
A. Firm/Fixed: Pricing will be firm and fixed for the initial 180 days after the effective date of the contract, except as noted in paragraph below.
B. Adjustments:
1. Prices shall remain unchanged for at least 180 days after the effective date of the contract. Adjustments in contract pricing will be allowed on a pass-through basis only. CI shall provide adequate documentation to justify said increases. Approved price adjustments shall remain unchanged for at least 180 days thereafter. A minimum of forty five (45) days advance written notice to the MCCU is required for adjustments. If more than 20% of the product specific portion of the CI catalog is outdated, then a new catalog will be printed and distributed, at CI’s sole expense.
ESTIMATED USAGE
$100,000.00/per year. Estimated usage data as stated herein shall not bind the state (MCCU and the customers) to the purchase of said quantities. Usage estimates are based strictly upon past historical data and may not reflect future requirements.
USAGE REPORTS
A quarterly Sales and Subcontractor Report shall be submitted in the format provided by the Master Contracts and Consulting Unit. You can get the report electronically at . Total purchases for each State Agency, University, Community and Technical Colleges must be shown separately. Total purchases for all political subdivisions and non-profit organizations may be summarized as one customer. Additionally, all purchases by the State of Oregon or other purchasers must be reported as an aggregate total. Reports are due thirty (30) days after the end of the calendar quarter, i.e., April 30th, July 31st, October 31st and January 31st. CI shall submit reports of sales on this contract in the format provided (refer to Attachment entitled Usage Report). Such reports will be submitted on a quarterly basis. MCCU may require additional reports to support management of this contract.
RETENTION OF RECORDS
CI shall retain all records relating to this contract for a period of five (5) years following the date of final payment or completion of any required audit, whichever is earlier. Any authorized representative of the state or federal government (where federal funds are involved) shall have access to and the right to examine, audit, excerpt, and transcribe all said records within a reasonable time.
ORDER OF PRECEDENCE
In the event of any inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order:
a) Applicable Federal and State Statues and Regulations;
b) Special terms and conditions; and
c) Standard terms and conditions.
ALTERATIONS AND AMENDMENTS
CI and MCCU may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind CI and MCCU.
MATERIALS, WORKMANSHIP, AND QUALITY CONTROL
CI shall be required to furnish all materials, equipment and/or services necessary to perform contractual requirements. Materials and workmanship in the construction of equipment for this contract shall conform to all codes, regulations and requirements for such equipment, specifications contained herein, and the normal uses for which intended. Materials shall be manufactured in accordance with the best commercial practices and standards for this type of equipment.
It is the policy of Correctional Industries to provide its customers with products and services that conform to their specifications and quality requirements. CI’s goal is to achieve a constant high standard of quality while maintaining economical operations. Adherence to the precepts of this directive will ensure a level of quality consistent with management’s objectives and CI’s mission.
OSHA AND WISHA REQUIREMENTS/SAFETY STANDARDS
CI agrees to comply with conditions of the Federal Occupational Safety and Health Acts of 1970 (OSHA), as may be amended, and, if it has a workplace within the state of Washington, the Washington Industrial Safety and Health Act of 1973 (WISHA), as may be amended, and the standards and regulations issued hereunder and certifies that all items furnished and purchased under this order will conform to and comply with said standards and regulations. CI further agrees to indemnify and hold harmless customer from all damages assessed against customer as a result of CI's failure to comply with the acts and standards hereunder and for the failure of the items furnished under this order to so comply. All products shall meet ANSI standards and applicable federal and state laws.
TAXES:
WAC 458-20-189 governs state sales tax from state agencies or institutions. Office of Code Reviser, .
STANDARD TERMS & CONDITIONS
ENTIRE AGREEMENT
This document, including all addenda and subsequently issued change notices, comprises the entire agreement between the State of Washington and the Contractor and shall be governed by the laws of the State Of Washington incorporated herein by reference. The venue for legal action shall be the Superior Court for the State Of Washington, County of Thurston.
CONFLICT AND SEVERABILITY
Conflict: In the event of conflict between contract documents and applicable laws, codes, ordinances or regulations, the most stringent or legally binding requirement shall govern and be considered a part of this contract to afford the state maximum benefits.
Severability: Any provision of this document found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the document.
NONDISCRIMINATION AND AFFIRMATIVE ACTION
Acceptance of this contract binds the contractor to the terms and conditions of Section 601, Title VI, Civil Rights Act of 1964, as may be amended:
In that "No person in the United States shall, on the grounds of race, color, national origin, sex or age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance." In addition, "No otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
Unless exempted by Presidential Executive Order #11246, as may be amended or replaced and applicable regulations hereunder, Contractor shall not discriminate against any employee or applicant for employment.
WORKERS RIGHT TO KNOW
WAC 296-62-054 requires that all manufacturers/distributors of hazardous substances, including any of the items listed on this bid/quote/contract bid and subsequent award must include with each delivery completed Material Safety Data Sheets (MSDS) for each hazardous material. Additionally, each container of hazardous material must be appropriately labeled with: The identity of the hazardous material, Appropriate hazardous warnings, and
Name and address of the chemical manufacturer importer or other responsible party.
Appropriate fines may be levied by Labor and Industries against employers for noncompliance and agencies may withhold payment pending receipt of a legible copy of the MSDS. It should be noted that OSHA Form 20 is not acceptable in lieu of this requirement unless it is modified to include appropriate information relative to "carcinogenic ingredients" and "routes of entry" of the product(s) in question.
GIFTS AND GRATUITIES
In accordance with RCW 43.19, it is unlawful for any person to directly or indirectly offer, give or accept gifts, gratuities, loans, trips, favors, special discounts, services, or anything of economic value in conjunction with state business practices.
RIGHTS AND REMEDIES
In the event of any claim for default or breach of contract, no provision in this document or in the bidder's offer shall be construed, expressly or by implication, as a waiver by the state of any existing or future right and/or remedy available by law. Failure of the state to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided
in the contract or by law, or the acceptance of (or payment for) materials, equipment or services, shall not release the Contractor from any responsibilities or obligations imposed by this contract or by law, and shall not be deemed a waiver of any right of the state to insist upon the strict performance of the contract.
SAVE HARMLESS
Immunity and Hold Harmless
Each party shall be responsible for the actions and inactions of itself and its own officers, employees, and agents acting within the scope of their authority.
Insurance
Contractor, the Department of Corrections – Correctional Industries, an agency of the State of Washington, warrants that it is self-insured against liability claims in accordance with the risk management and tort claims statutes, including RCW 4.92 and RCW 43.21.280 et seq. The tort claims procedure, RCW 4.92.100 et seq., provides the fundamental remedy for all tort liability claims against the agency and its officers, employees, and agents acting as such and all such claims must be filed and processed as provided therein.
PERSONAL LIABILITY
It is agreed by and between the parties hereto that in no event shall any official, officer, employee or agent of the State of Washington be in any way personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement or representation made herein or in any connection with this agreement.
ADVERTISING
Contractor shall not advertise or publish information concerning this contract in any form or media without prior written consent from the Contract Administrator.
TAXES, FEES AND LICENSES
A. Taxes. Contractor shall pay for and maintain in current status any and all taxes which are necessary for contract performance. Unless otherwise indicated, the purchaser agrees to pay all State of Washington sales or use taxes. No charge by Contractor shall be made for federal excise taxes and the purchaser agrees to furnish Contractor with an exemption certificate, where appropriate. Sales tax shall not be included in bid pricing submitted.
B. Fees/Licenses. Prior to bid opening the Contractor shall pay for and maintain in a current status, any license fees, assessments, permit charges, etc., which are necessary for contract performance. It is the contractor's sole responsibility to monitor and determine any changes or the enactment of any subsequent regulations for said fees, assessments or charges and to immediately comply with said changes or regulations during the entire term of this contract.
LIENS, CLAIMS AND ENCUMBRANCES
All materials, equipment or services shall be free of all liens, claims, or encumbrances of any kind and if the state requests, a formal release of same shall be delivered to the state.
TITLE AND RISK OF LOSS
Regardless of FOB point, Contractor agrees to bear all risks of loss, injury or destruction of goods and materials ordered herein which occur prior to delivery and acceptance. Such loss, injury or destruction shall not release Contractor from any obligation hereunder.
PERFORMANCE
Acceptance by the purchaser of unsatisfactory performance with or without objection or reservation shall not waive the right to claim damage for breach nor constitute a waiver of requirements for satisfactory performance of any obligation remaining to be performed by Contractor.
IDENTIFICATION
All invoices, packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers and other written documents affecting this contract shall be identified by the applicable purchase order or field order number. Packing lists shall be enclosed with each shipment, indicating the contents therein.
CHARGES FOR HANDLING
No charges will be allowed for handling which includes but is not limited to packing, wrapping, bags, containers or reels, unless otherwise stated herein.
INVOICING
Contractor shall provide an original and two (2) copies of invoices. Each invoice shall be submitted as required by the contract and shall reference the contract and field order or purchase order number. Invoices shall be properly annotated with applicable prompt payment discount(s).
PAYMENT
Payment will be made by the purchasers indicated on ordering document. Any bid that requires payment in less than thirty (30) calendar days need not be considered. Prompt payment discount periods of thirty (30) calendar days or more will be considered in determining the apparent lowest responsible and responsive bid. Invoices will not be processed for payment nor will the period of cash discount commence until receipt of a properly completed invoice and until all invoiced items are received and satisfactory performance of Contractor has been attained. If an adjustment in payment is necessary due to damage or dispute, the cash discount period shall commence on the date final approval for payment is authorized. Under "Chapter 39.76 RCW", if purchaser fails to make timely payment(s), Contractor may invoice for 1% per month on the amount overdue or a minimum of $1.00. Payment will not be considered late if a check or warrant is mailed within the time specified. If no terms are specified, net 30 days will automatically apply. Payment(s) made in accordance with contract terms shall fully compensate the Contractor for all risk, loss, damages or expense of whatever nature and acceptance of payment shall constitute a waiver of all claims submitted by Contractor.
CHANGES
No alteration in any of the terms, conditions, or contractual requirements herein shall be effective without the written consent of the Contract Administrator as evidenced by issuance by the state of current contract information.
ADDITIONS OR DELETIONS
The state reserves the right to add or delete items, authorized purchasers or locations as determined to be in the best interest of the state. Added items, agencies or locations will be related to those on contract and additions or deletions will not represent a significant increase or decrease in size or scope of the contract. Such additions or deletions will be by mutual agreement, will be at prices consistent with the original bid price margins, and will be evidenced by issuance of written current contract information from the Contract Administrator.
FORCE MAJEURE.
A. Definition: Except for payment of sums due, neither party shall be liable to the other or deemed in default under this contract if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and could not have been avoided by exercising reasonable diligence. Force majeure shall include acts of God, war, riots, strikes, fire, floods, epidemics, or other similar occurrences.
B. Notification: If either party is delayed by force majeure, said party shall provide written notification within forty-eight (48) hours. The notification shall provide evidence of the force majeure to the satisfaction of the other party. Such delay shall cease as soon as practicable and written notification of same shall be provided. The time of completion shall be extended by contract modification for a period of time equal to the time that the results or effects of such delay prevented the delayed party from performing in accordance with this contract.
C. Rights Reserved: The state reserves the right to cancel the contract and/or purchase materials, equipment or services from the best available source during the time of force majeure, and Contractor shall have no recourse against the state.
D. Force Majeure shall include prison facility lock-downs or similar type of circumstances.
State of Washington
Department of Enterprise Services
Master Contracts and Consulting Unit (MCCU)
[pic]
Contract # 06707
Picnic Table Kits, Fire Rings & Barbeques
Under the Authority of Chapter 43.19.534 RCW
TABLE OF CONTENTS
SUPPLIER'S REPRESENTATIVES Error! Bookmark not defined.
Products Available Error! Bookmark not defined.
SPECIFICATIONS AND PRICES Error! Bookmark not defined.
SPECIAL TERMS & CONDITIONS 12
1. SCOPE OF CONTRACT 12
2. CUSTOMERS: 12
3. TERM OF CONTRACT 12
4. CONTRACT EXTENSION 12
5. CONTRACTOR'S REPRESENTATION 13
6. PAYMENT TERMS 13
7. SHIPPING LOCATIONS 13
8. PURCHASE ORDER ACKNOWLEDGMENT 13
9. FAX ORDERS 13
10. PACKAGING 14
11. SHIPPING INSTRUCTIONS 14
12. DELIVERY 14
13. CI PERFORMANCE AS A CONTRACTOR 14
14. PRICING AND ADJUSTMENTS 14
15. ESTIMATED USAGE 14
16. USAGE REPORTS 14
17. RETENTION OF RECORDS 15
18. ORDER OF PRECEDENCE 15
19. ALTERATIONS AND AMENDMENTS 15
20. MATERIALS, WORKMANSHIP, AND QUALITY CONTROL 15
21. OSHA AND WISHA REQUIREMENTS/SAFETY STANDARDS 15
22. TAXES: 15
STANDARD TERMS & CONDITIONS 16
1. ENTIRE AGREEMENT 16
2. CONFLICT AND SEVERABILITY 16
3. NONDISCRIMINATION AND AFFIRMATIVE ACTION 16
4. WORKERS RIGHT TO KNOW 16
5. GIFTS AND GRATUITIES 16
6. RIGHTS AND REMEDIES 16
7. SAVE HARMLESS 17
8. PERSONAL LIABILITY 17
9. ADVERTISING 17
10. TAXES, FEES AND LICENSES 17
11. LIENS, CLAIMS AND ENCUMBRANCES 17
12. TITLE AND RISK OF LOSS 17
13. PERFORMANCE 17
14. IDENTIFICATION 18
15. CHARGES FOR HANDLING 18
16. INVOICING 18
17. PAYMENT 18
18. CHANGES 18
19. ADDITIONS OR DELETIONS 18
20. FORCE MAJEURE 18
PARTIES 23
RECITALS 23
STANDARD DEFINITIONS 23
CONTRACT ADMINISTRATION 29
GENERAL PROVISIONS 31
CONTRACT EXECUTION 36
Appendix A – Special Terms and Conditions 38
Appendix B – Business and Transition Schedule 44
Appendix C – CI Exemption Request Form 45
Appendix D – Memorandum of Understanding (CI & MCCU) 48
PARTIES
This Contract is entered into by and between the state of Washington, acting by and through The Office of State Procurement (MCCU), General Administration an agency of Washington State government, located at 1500 Jefferson St, SE, Olympia, WA 98504-1017 and the Department of Corrections, Correctional Industries’ (CI) Program, an agency of Washington State government located at 801 88th Ave SE, P.O. Box 41115, Olympia, WA 98504-1115, licensed to conduct business in the state of Washington for the purpose of providing a variety of Picnic Table Kits, Fire Rings and Barbeques.
RECITALS
The State of Washington, acting by and through MCCU, is interested in entering into a contract for the purpose of purchasing a variety of Picnic Table Kits, Fire Rings and Barbeques in accordance with its authority under Chapter 43.19.534 RCW.
CI submitted a timely Request to take over contract #07105 that expires December 31, 2007, to the MCCU (Exhibit B).
The MCCU evaluated CI’s request to the above and has identified CI as having met all requirements of Chapter 43.19.534 RCW.
The MCCU has determined that entering into a Contract with CI will meet Purchaser’s needs and will be in Purchaser’s best interest.
THEREFORE, General Administration awards to CI this Contract, the terms and conditions of which shall govern Contractor’s furnishing to Purchasers the Picnic Table Kits, Fire Rings and Barbeques. This Contract is not for personal use.
IN CONSIDERATION of the mutual promises as hereinafter set forth, the parties agree as follows:
STANDARD DEFINITIONS
This section contains definitions of terms commonly used in Solicitations conducted by the MCCU. Additional definitions may also be found in Chapter 43.19 RCW and WAC 236-48-003, and all terms contained herein will be read consistently with those definitions.
1. ACCEPTANCE. The materials, supplies, services, and/or equipment have passed appropriate inspection. In the event that there is a formal Acceptance Testing period required in the Solicitation document then acceptance is formalized in writing. If there is no Acceptance Testing, acceptance may occur when the Products are delivered and inspected.
2. ACCEPTANCE TESTING. The process for ascertaining that the materials, supplies, services, and/or equipment meets the standards set forth in the Solicitation, prior to Acceptance by the Purchaser.
3. AGENCY. Includes State of Washington institutions, the offices of the elective state officers, the Supreme Court, the court of appeals, the administrative and other departments of state government, and the offices of all appointive officers of the state. "Agency" does not include the legislature but does include colleges, community colleges, and universities who choose to participate in State Contract(s).
4. ALL OR NOTHING. The result of a competitive Solicitation that requires that a Contract be executed with a single Contractor for delivery of goods and/or services. In the event that suppliers are unable to deliver the entirety of the goods and/or services required, no Contract is executed. No partial fulfillment opportunities are available as a result of the Solicitation.
A method of award resulting from a competitive Solicitation by which the Purchasing Activity will award the resulting Contract to a single Bidder. Also, a designation the Bidder may use in its Bid or response to indicate its offer is contingent upon full award and it will not accept a partial award.
5. ALTERNATE. A substitute offer of materials, supplies, services and/or equipment that is not at least a functional Equal in features, performance and use and which materially deviates from one or more of the specifications in a competitive Solicitation.
6. AMENDMENT. For the purposes of this Contract, shall mean an agreement between the parties to change this Contract after it is fully signed by both parties. Such agreement shall be memorialized in a written document describing the agreed upon change including any terms and conditions required to support such change. An Order Document shall not constitute an Amendment to this Contract.
7. BID. A written offer to perform a Contract to provide materials, supplies, services, and/or equipment in response to an Invitation for Bid (IFB).
8. BIDDER. A Contractor who submits a Bid or Proposal in response to a Solicitation.
9. BUSINESS DAYS. Monday through Friday; 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by the state of Washington.
10. CALENDAR DAYS. Consecutive days of the year including weekends and holidays, each of which commence at 12:00:01 a.m. and end at Midnight, Pacific Time. When “days” are not specified, Calendar Days shall prevail.
11. CONTRACT. An agreement, or mutual assent, between two or more competent parties with the elements of the agreement being offer, acceptance, and consideration.
12. CONTRACT ADMINISTRATOR. The person designated to manage the resultant Contract for the Contractor; the primary contact for the Purchasing Activity with Purchasers and Contractor on a specific Contract.
13. CONTRACTOR. Individual, company, corporation, firm, or combination thereof with whom the Purchasing Activity develops a Contract for the procurement of materials, supplies, services, and/or equipment.
14. CONTRACTOR'S REPRESENTATIVE. An individual designated by the Bidder or Contractor to act on its behalf and with the authority to legally bind the Bidder or Contractor concerning the terms and conditions set forth in Solicitation, Bid and Contract documents.
15. EQUAL. An offer of materials, supplies, services and/or equipment that meets or exceeds the quality, performance and use of the specifications identified in a Solicitation.
16. INSPECTION. An examination of delivered material, supplies, services, and/or equipment prior to Acceptance aimed at forming a judgment as to whether such delivered items are what was ordered, were properly delivered and ready for Acceptance. Inspection may include a high level visual examination or a more thorough detailed examination as is customary to the type of purchase, as set forth in the solicitation document and/or as agreed between the parties. Inspection shall be acknowledged by an authorized signature of the Purchaser.
17. INVITATION FOR BID (IFB). The form utilized to solicit Bids in the formal, sealed Bid procedure and any amendments thereto issued in writing by the Purchasing Activity. Specifications and qualifications are clearly defined.
18. LEAD TIME/AFTER RECEIPT OF ORDER (ARO). The period of time between when the Contractor receives the order and the Purchaser receives the materials, supplies, equipment, or services order.
19. MCCU. The organization within the Washington Department of Enterprise Services authorized under Chapter 43.19 RCW to develop and administer contracts for goods and services on behalf of state agencies, colleges and universities, nonprofit organizations, and local governments.
20. ORDER DOCUMENT. A written communication, submitted by a Purchaser to the Contractor, which details the specific transactional elements required by the Purchaser within the scope of this Contract such as delivery date, size, color, capacity, etc. An Order Document may include, but is not limited to field orders, purchase orders, work order or other writings as may be designated by the parties hereto. No additional or alternate terms and conditions on such written communication shall apply unless authorized by this Contract and expressly agreed between the Purchasing Activity and the Contractor.
21. PROCUREMENT COORDINATOR. The individual responsible for conducting a specific Solicitation.
22. PRODUCT. Materials, supplies, services, and/or equipment provided under the terms and conditions of this Contract.
23. PROPOSAL. A written offer to perform a Contract to supply materials, supplies, services, and/or equipment in response to a Request for Proposal (RFP).
24. PURCHASER. The authorized user of this Contract, as identified in Part I of the Solicitation, who may or actually does make purchases of material, supplies, services, and/or equipment under this Contract.
25. PURCHASING ACTIVITY. The MCCU or an Agency authorized by law to conduct acquisition of materials, supplies, services, and/or equipment or delegated that authority by the DES Master Contracts and Consulting Unit.
26. RECYCLED MATERIAL. Waste materials and by-products that have been recovered or diverted from solid waste and that can be utilized in place of a raw or virgin material in manufacturing a product and consists of materials derived from post-consumer waste, manufacturing waste, industrial scrap, agricultural wastes and other items, all of which can be used in the manufacture of new or recycled products.
27. REQUEST FOR PROPOSAL (RFP). The form utilized to solicit Proposals in the formal, sealed Bid procedure and any amendments thereto issued in writing by the Purchasing Activity. The specifications and qualification requirements are written in an outcome based form allowing for consideration of a broad range of different solutions to meet the procurement need.
28. RESPONSIBLE. The ability, capacity, and skill to perform this Contract or provide the service required , including, but not limited to the character, integrity, reputation, judgment, experience, and efficiency of the bidder. Further considerations may include, but are not limited to whether the bidder can perform the contract within the time specified, the quality of performance of previous contracts or services, the previous and existing compliance by the bidder with laws relating to the contract or services and such other information as may be secured having a bearing on the decision to award the contract.
29. RESPONSIVE. A bid or response that meets all material terms of the Solicitation document.
30. SOLICITATION. The process of notifying prospective Bidders that the Purchasing Activity desires to receive competitive Bids or Proposals for furnishing specified materials, supplies, services, and/or equipment. Also includes reference to the actual documents used for that process, including: the Invitation for Bids (IFB) or Request For Proposals (RFP), along with all attachments and exhibits thereto.
31. SOW. Scope of Work.
32. STATE. The State of Washington acting by and through the Purchasing Activity.
33. STATE CONTRACT. The written document memorializing the agreement between the successful Bidder and the Purchasing Activity for materials, supplies, services, and/or equipment administered by the MCCU on behalf of the State of Washington. “State Contract” does not include the following:
a. Colleges and universities that choose to purchase under RCW 28B.10.029;
b. Purchases made in accordance with LOWEST COST PURCHASE AUTHORITY/BEST BUY of the Competitive Procurement Standards;
c. Purchases made pursuant to authority granted or delegated under RCW 43.19.190(2) or (3);
d. Purchases authorized as an emergency purchase under RCW 43.19.200(2); or
e. Purchases made pursuant to other statutes granting the Agency authority to independently conduct purchases of materials, supplies, services, or equipment.
34. SUBCONTRACTOR. A person or business that is, or will be, providing or performing an essential aspect of this Contract under the direction and responsibility of the Contractor and with the agreement of the Purchasing Activity.
35. VENDOR. A provider of materials, supplies, services, and/or equipment.
36. WASHINGTON’S ELECTRONIC BUSINESS SOLUTION (WEBS). The Vendor registration and Bidder notification system maintained by the Washington State Department of Enterprise Services located at: ga.webs.
STANDARD TERMS AND CONDITIONS
The terms and conditions contained in this section are intended to be standard terms and conditions that apply to all Awarded Contracts unless otherwise provided in the respective Solicitation or Contract documents. Special Terms and Conditions (Appendix A) apply specifically to CI.
1. SURVIVORSHIP.
All transactions executed for Products and Services provided pursuant to the authority of this Contract shall be bound by all of the terms, conditions, Prices and Price discounts set forth herein, notwithstanding the expiration of the initial term of this Contract or any extension thereof. Further, the terms, conditions and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. In addition, the terms of the sections titled Overpayments to Contractor; Ownership/Rights in Data; Contractor’s Commitments, Warranties and Representations; Protection of Purchaser’s Confidential Information; Section Headings, Incorporated Documents and Order of Precedence; Publicity; Retention of Records; Patent and Copyright Indemnification; Contractor’s Proprietary Information; Disputes; and Limitation of Liability shall survive the termination of this Contract.
2. Payment.
Payment is the sole responsibility of, and will be made by, the Purchaser. Contractor shall provide a properly completed invoice to Purchaser. All invoices are to be delivered to the address indicated in the purchase order.
Each invoice shall be identified by the associated Contract Number; the Contractor’s Statewide Vendor registration number assigned by Washington State Office of Financial Management (OFM), the applicable Purchaser’s order number, and shall be in U.S. dollars. Invoices shall be prominently annotated by the Contractor with all applicable prompt payment and/or volume discount(s) and shipping charges unless otherwise specified in the Solicitation. Hard copy credit memos are to be issued when the state has been overcharged.
Invoices for payment will accurately reflect all discounts due the Purchaser. Invoices will not be processed for payment, nor will the period of prompt payment discount commence, until receipt of a properly completed invoice denominated in U.S. dollars and until all invoiced items are received and satisfactory performance of Contractor has been accepted by the Purchaser. If an adjustment in payment is necessary due to damage or dispute, any prompt payment discount period shall commence on the date final approval for payment is authorized.
Under Chapter 39.76 RCW , if Purchaser fails to make timely payment(s), Contractor may invoice for 1% per month on the amount overdue or a minimum of $1.00. Payment will not be considered late if a check or warrant is mailed within the time specified. If no terms are specified, net 30 days will automatically apply. Payment(s) made in accordance with Contract terms shall fully compensate the Contractor for all risk, loss, damages or expense of whatever nature and acceptance of payment shall constitute a waiver of all claims submitted by Contractor. If the Contractor fails to make timely payment(s) or issuance of credit memos, the Purchaser may impose a 1% per month on the amount overdue.
Payment for materials, supplies and/or equipment received and for services rendered shall be made by Purchaser and be redeemable in U.S. dollars. Unless otherwise specified, the Purchaser’s sole responsibility shall be to issue this payment. Any bank or transaction fees or similar costs associated with currency exchange procedures or the use of purchasing/credit cards shall be fully assumed by the Contractor.
Unless otherwise specified in the Solicitation no additional charges by the Contractor will be allowed including, but not limited to: handling charges such as packing, wrapping, bags, containers, reels; or the processing fees associated with the use of credit cards. Notwithstanding the foregoing, in the event that market conditions, laws, regulations or other unforeseen factors dictate, at the Contract Administrators sole discretion, additional charges may be allowed.
3. TAXES, FEES AND LICENSES.
a. Taxes: Where required by statute or regulation, the Contractor shall pay for and maintain in current status all taxes that are necessary for Contract performance. Unless otherwise indicated, the Purchaser agrees to pay State of Washington taxes on all applicable materials, supplies, services and/or equipment purchased. No charge by the Contractor shall be made for federal excise taxes and the Purchaser agrees to furnish Contractor with an exemption certificate where appropriate.
WAC 458-20-189 governs state sales tax from state agencies or institutions. Office of Code Reviser
b. Collection of Retail Sales and Use Taxes: In general, CI, who is engaged in retail sales activities within the State of Washington, is required to collect and remit sales tax to Department of Revenue (DOR).
c. Taxes on Invoice: Contractor shall calculate and enter the appropriate Washington State and local sales tax on all invoices. Tax is to be computed on new items after deduction of any trade-in in accordance with WAC 458-20-247.
d. Ferry Vessel Exemption : Orders for tangible personal property which become a component part of ferry vessels of the State of Washington or local government units in the State of Washington are exempt from use tax under RCW 82.12.0279.
e. Fees/Licenses: After award of Contract, and prior to commencing performance under the Contract, the Contractor shall pay for and maintain in a current status any licenses, fees, assessments, permit charges, etc., which are necessary for Contract performance. It is the Contractor’s sole responsibility to maintain licenses and to monitor and determine any changes or the enactment of any subsequent regulations for said fees, assessments, or charges and to immediately comply with said changes or regulations during the entire term of this Contract.
f. Customs/Brokerage Fees: Contractor shall take all necessary actions, including, but not limited to, paying all customs, duties, brokerage, and/or import fees, to ensure that materials, supplies, and/or equipment purchased under the Contract are expedited through customs. Failure to do so may subject Contractor to liquidated damages as identified herein and/or to other remedies available by law or Contract. Neither the Purchasing Activity nor the Purchaser will incur additional costs related to Contractor’s payment of such fees.
4. OVERPAYMENTS TO CONTRACTOR.
CI shall refund to Purchaser the full amount of any erroneous payment or overpayment under this Contract within thirty (30) days’ written notice. If CI fails to make timely refund, Purchaser may charge Contractor one percent (1%) per month on the amount due, until paid in full.
All invoices, packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written materials associated with this Contract shall be identified by the Contract number and the applicable Purchaser’s order number. Packing lists shall be enclosed with each shipment and clearly identify all contents and any backorders.
5. PRICE PROTECTION.
CI agrees all the Prices, terms, warranties, and benefits provided in this Contract are comparable to or better than the terms presently being offered by Contractor to any other governmental entity purchasing the same quantity under similar terms. If during the term of this Contract Contractor shall enter into contracts with any other governmental entity providing greater benefits or more favorable terms than those provided by this Contract, Contractor shall be obligated to provide the same to Purchaser for subsequent purchases.
6. ADVANCE PAYMENT PROHIBITED.
No advance payment shall be made for the Products and Services furnished by Contractor pursuant to this Contract.
7. PRICE INCREASES.
At least 45 calendar days before the end of the current term of this Contract, but no sooner than 180 days since the initial award date or current term, CI may propose Purchase Price and maintenance and support (service) rate increases by written notice to the MCCU Contracts Administrator. The CI request for price adjustment should include the following details:
a. % of increase for freight
b. % of increase for raw materials
c. % of increase for labor
d. % of increase for Support Vendor price increases
e. % change in applicable PPI Index Code.
Price adjustments may be taken into consideration by to the MCCU’s Contract Administrator when determining whether to extend this Contract. Price Increases will not be considered without the above supporting documentation sufficient to justify the requested increase. The PPI Index for the commodity must also support the request. Extensions may not be contingent with proposed price adjustments.
Contractor requests for adjustments in pricing will be considered at sole discretion of the Purchasing Activity only after expiration of the firm and fixed price period, and then on a pass through basis only that does not produce a higher profit margin for contractor than that established by the original contract pricing.
8. PRICING AND ADJUSTMENTS.
a. Firm/Fixed: Pricing will be firm and fixed for the initial 180 days after the effective date of the contract, except as noted in paragraph below.
b. Adjustments: Prices shall remain unchanged for at least 180 days after the effective date of the contract. Adjustments in contract pricing will be allowed on a pass-through basis only. CI shall provide adequate documentation to justify said increases. Approved price adjustments shall remain unchanged for at least 180 days thereafter. A minimum of forty-five days (45) advance written notice to the MCCU is required for adjustments.
9. CONTRACTOR’S RESPONSIBILITIES.
a. Contractor authority and Infringement. Contractor is authorized to sell under this Contract, only those materials, supplies, services and/or equipment as stated herein and allowed for by the provisions of this Contract. Contractor shall not represent to any Purchasers that they have the contract authority to sell any other materials, supplies, services and/or equipment. Further, Contractor may not intentionally infringe on other established State Contracts. The Contractor shall immediately notify the Contract Administrator in writing of any product changes. Such changes shall not be authorized unless a written amendment is signed by both parties. Contractor shall:
• Competently and efficiently, supervise and coordinate the implementation and completion of all Contract requirements specified herein;
• Identify the Contractor’s Representative, who will be the principal point of contact for the Purchasing Activity Contract Administrator concerning Contractor’s performance under this Contract.
• Immediately notify the Contract Administrator in writing of any change of the designated Contractor’s Representative assigned to this Contract; and
• Violation of any provision of this paragraph may be considered a material breach establishing grounds for Contract termination.
• Be bound by all written communications given to or received from the Contractor’s Representative.
b. Registration with Washington’s Electronic Business Solution. Contractor shall be registered in the Contractor registration system, Washington’s Electronic Business Solution (WEBS) ga.webs, maintained by the Washington State Department of Enterprise Services. Contractors already registered need not re-register. It is the sole responsibility of Contractor to properly register with WEBS and maintain an accurate Contractor profile in WEBS.
10. SERVICE EXPECTATIONS.
Upon award of this contract, the contractor shall:
a. Review the impact of the award and take the necessary steps needed to ensure that contractual obligations will be fulfilled.
b. Promote and market the use of this contract to all authorized contract Purchasers.
c. Ensure that those who endeavor to utilize this contract are authorized Purchasers under this Contract.
d. At no additional charge, assist Purchasers in the following manner to make the most cost effective, value based, purchases including, but not limited to:
e. Visiting the Purchaser site and providing Purchaser with materials/supplies/equipment recommendations.
f. Providing Purchasers with a detailed list of contract items including current contract pricing and part numbers.
g. The contractor shall designate a customer service representative who will be responsible for addressing Purchaser issues including, but not limited to providing Purchasers with regular and timely status updates in the event of an order delay
h. Acting as the lead and liaison between the manufacturer and Purchaser in resolving warranty claims for contract items purchased.
11. COST OF REMEDY.
Cost of Remedying Defects: All defects, indirect and consequential costs of correcting, removing or replacing any or all of the defective materials or equipment will be charged against the Contractor.
12. SITE SECURITY.
While on Purchaser’s premises, Contractor, its agents, employees, or Subcontractors shall conform in all respects with physical, fire, or other security regulations.
13. DELIVERY.
See Appendix A-Special Terms and Conditions.
14. STANDARD OF PERFORMANCE AND ACCEPTANCE.
See Appendix A, Special Terms and Conditions-Performance as a Contractor.
15. PRODUCT WARRANTY.
See Appendix A, Special Terms and Conditions, Warranty.
16. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS.
See Appendix A (Special Terms and Conditions-Warranty). No work shall be performed by Contractor until an SOW (Scope of Work) is executed by Contractor and Purchaser and is received by Contractor.
17. SALES AND SUBCONTRACTOR REPORTS.
A quarterly Sales and subcontractor Report shall be submitted in the format provided by the MCCU. You can get the report electronically at
Total purchases for each state agency, University, Community and Technical Colleges must be shown separately. Total purchases for all political subdivisions and non-profit organizations may be summarized as one customer. Additionally, all purchases by the State of Oregon or other purchasers must be reported as an aggregate total. Reports are due thirty (30) days after the end of the calendar quarter, i.e., April 30th, July31st, October 31st, and January 31st. CI shall submit reports of sales on this contract in the format provided. Such reports will be submitted on a quarterly basis. MCCU may require additional reports to support management of this contract.
18. NO ADDITIONAL CHARGES.
Unless otherwise specified, no additional charges by CI will be allowed including, but not limited to: handling charges such as packing, wrapping, bags, containers, reels; or the processing fees associated with the use of credit cards. Notwithstanding the foregoing, in the event that market conditions, laws. Regulations or other unforeseen factors dictate, at the Contract Administrator’s sole discretion, additional charges may be allowed.
19. ESTABLISHED BUSINESS.
Prior to commencing performance, or prior to that time if required by the Purchasing Activity, law or regulation, Contractor must be an established business firm with all required licenses, fees, bonding, facilities, equipment and trained personnel necessary to meet all requirements and perform the work as specified in the Contract. Contractor shall maintain compliance with these requirements throughout the entire term of this Contract.
CONTRACT ADMINISTRATION
1. LEGAL NOTICES.
Any notice or demand or other communication required or permitted to be given under this Contract or applicable law (except notice of malfunctioning Equipment) shall be effective only if it is in writing an Any notice or demand or other communication required or permitted to be given under d signed by the applicable party, properly addressed, and either delivered in person, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid certified mail, return receipt requested, via facsimile or by electronic mail, to the parties at the addresses and fax numbers, e-mail addresses provided in this section. For purposes of complying with any provision in this Contract or applicable law that requires a “writing,” such communication, when digitally signed with a Washington State Licensed Certificate, shall be considered to be “in writing” or “written” to an extent no less than if it were in paper form.
|To Contractor at: |To Purchasing Activity at: |
|State of Washington, Department of Corrections |State of Washington, Department of Enterprise Services, Master Contracts and |
|CI, Contracts and Legal Affairs Office |Consulting |
|Gary Banning, Contract Administrator |Tim L. Shay, Contracts Specialist |
|P.O. Box 41114, Olympia, WA 98504-1114 |1500 Jefferson St. SE, Olympia WA 98504 |
|Phone: 360-725-8360; FAX 360-664-2009 |Phone: 360-407-9410, FAX 360-586-2426 |
|Email: glbanning@doc1. |Email: timshay@des. |
Notices shall be effective upon receipt or four (4) Business Days after mailing, whichever is earlier. The notice address as provided herein may be changed by written notice given as provided above.
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Equipment or Services provided pursuant to this Contract is served upon Contractor or Purchasing Activity, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and Purchasing Activity further agree to cooperate with the other party in any lawful effort by the other party to contest the legal validity of such subpoena or other legal process commenced by a third party.
2. PURCHASING ACTIVITY CONTRACT ADMINISTRATOR.
The Purchasing Activity shall appoint a single point of contact that will be the Contract Administrator for this Contract and will provide oversight of the activities conducted hereunder. The Contract Administrator will be the principal contact for Contractor concerning business activities under this Contract. The Purchasing Activity will notify Contractor, in writing, when there is a new Contract Administrator assigned to this Contract.
3. ORDER OF PRECEDENCE, INCORPORATED DOCUMENTS, CONFLICT AND CONFORMITY.
a. Incorporated Documents. Each of the documents listed below is, by this reference, incorporated into this Contract as though fully set forth herein.
i. Appendices A – D;
ii. The terms and conditions contained on Purchaser’s Order Documents, if used;
iii. All Contractor or manufacturer publications, written materials and schedules, charts, diagrams, tables, descriptions, other written representations and any other supporting materials Contractor made available to Purchaser and used to affect the sale of the Product to the Purchaser.
b. Order of Precedence. In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
i. Applicable Federal and State of Washington statutes and regulations;
ii. Mutually agreed written amendments to this Contract;
iii. Appendix A – Special Terms and Conditions;
iv. This Contract number 02807, including Appendices B – E;
v. Any other provision, term, or materials incorporated into the Contract by reference.
c. Conflict. To the extent possible, the terms of this Contract shall be read consistently.
d. Conformity. If any provision of this Contract violates any Federal or State of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.
4. SEVERABILITY.
Severability: If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, and to this end the provisions of this Contract are declared to be severable.
5. INDEPENDENT STATUS OF CONTRACTOR.
In the performance of this Contract, the parties will be acting in their individual, corporate or governmental capacities and not as agents, employees, partners, joint ventures, or associates of one another. The parties intend that an independent contractor relationship will be created by this Contract. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. Contractor shall not make any claim of right, privilege or benefit which would accrue to an employee under Chapter 41.06 RCW, or Title 51 RCW.
6. SUBCONTRACTS AND ASSIGNMENT.
Contractor shall not, assign, or otherwise transfer its obligations under this Contract. Violation of this condition may be considered a material breach establishing grounds for Contract termination. The Contractor shall be responsible to ensure that all requirements of the Contract shall flow down to any and all Subcontractors. In no event shall the existence of a Subcontract operate to release or reduce the liability of Contractor to the state for any breach in the performance of the Contractor’s duties.
7. ADVERTISING.
Contractor shall not publish or use any information concerning this Contract in any format or media for advertising or publicity without prior written consent from the Contract Administrator.
8. RETENTION OF RECORDS.
The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and the provision of materials, supplies, services and/or equipment described herein, including, but not limited to, accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the Contract, shall be subject at all reasonable times to inspection, review, or audit by the Purchasing Activity, personnel duly authorized by the Purchasing Activity, the Washington State Auditor’s Office, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the records.
9. RIGHT OF INSPECTION.
Contractor shall provide right of access to its facilities to Purchasing Activity, or any of Purchasing Activity’s officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract.
GENERAL PROVISIONS
Special Terms and Conditions (in Appendix A) apply specifically to CI and supersede the terms and conditions presented in this section if they are in conflict with the Standard Terms and Conditions.
1. GIFTS AND GRATUITIES.
Contractor shall comply with all state laws regarding gifts and gratuities, including but not limited to: RCW 43.19.1937, RCW 43.19.1939, RCW 42.52.150, RCW 42.52.160, and RCW 42.52.170 under which it is unlawful for any person to directly or indirectly offer, give or accept gifts, gratuities, loans, trips, favors, special discounts, services, or anything of economic value in conjunction with state business or contract activities.
Under RCW 43.19.1937 and the Ethics in Public Service Law, Chapter 42.52 RCW state officers and employees’ are prohibited from receiving, accepting, taking or seeking gifts (except as permitted by RCW 42.52.150) if the officer or employee participates in contractual matters relating to the purchase of goods or services.
2. SAVE HARMLESS
Immunity and Hold Harmless
Each party shall be responsible for the actions and inactions of itself and its own officers, employees, and agents acting within the scope of their authority.
3. INSURANCE.
Contractor, the Department of Corrections – Correctional Industries, an agency of the State of Washington, warrants that it is self-insured against liability claims in accordance with the risk management and tort claims statutes, including RCW 4.92 and RCW 43.21.280 et seq. The tort claims procedure, RCW 4.92.100 et seq., provides the fundamental remedy for all tort liability claims against the agency and its officers, employees, and agents acting as such and all such claims must be filed and processed as provided therein.
4. INDUSTRIAL INSURANCE COVERAGE.
The Contractor shall comply with the provisions of Title 51 RCW Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the Purchasing Activity may terminate this Contract. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from the Contractor.
5. NONDISCRIMINATION.
During the performance of this Contract, the Contractor shall comply with all applicable federal and state nondiscrimination laws, regulations and policies, including, but not limited to, Title VII of the Civil Rights Act, 42 U.S.C. section 12101 et. seq., The Americans with Disabilities Act (ADA) and Chapter 49.60 RCW Discrimination – Human Rights Commission.
6. OSHA AND WISHA REQUIREMENTS.
Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Administration (OSHA) and, if manufactured or stored in the State of Washington, the Washington Industrial Safety and Health Act (WISHA) and the standards and regulations issued there under, and certifies that all items furnished and purchased will conform to and comply with said laws, standards and regulations. Contractor further agrees to indemnify and hold harmless Purchasing Activity and Purchaser from all damages assessed against Purchaser as a result of Contractor’s failure to comply with those laws, standards and regulations, and for the failure of the items furnished under the Contract to so comply.
7. ANTITRUST.
The state maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the Purchaser. Therefore, the Contractor hereby assigns to the State of Washington any and all of the Contractor’s claims for such price fixing or overcharges which arise under federal or state antitrust laws, relating to the materials, supplies, services and/or equipment purchased under this Contract.
8. PERSONAL LIABILITY.
It is agreed by and between the parties hereto that in no event shall any official, officer, employee or agent of the State of Washington when executing their official duties in good faith, be in any way personally liable or responsible for any agreement herein contained whether expressed or implied, nor for any statement or representation made herein or in any connection with this agreement.
9. PROTECTION OF CONFIDENTIAL AND PERSONAL INFORMATION.
Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either Chapter 42.17 RCW or other state or federal statutes (“Confidential Information”). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver’s license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiable to an individual that relates to any of these types of information. Contractor agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Contract, to release it only to authorized employees or Subcontractors requiring such information for the purposes of carrying out this Contract, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without Purchaser’s express written consent or as provided by law. Contractor agrees to release such information or material only to employees or Subcontractors who have signed a nondisclosure agreement, the terms of which have been previously approved by Purchaser. Contractor agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information.
“Personal information” including, but not limited to, “Protected Health Information” (PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals’ names, addresses, phone numbers, birth dates, and social security numbers collected, used, or acquired in connection with this Contract shall be protected against unauthorized use, disclosure, modification or loss.
HIPAA establishes national minimum standards for the use and disclosure of certain health information. The Contractor must comply with all HIPAA requirements and rules when determined applicable by the Purchaser. If Purchaser determines that (1) Purchaser is a “covered entity” under HIPAA, and that (2) Contractor will perform “business associate” services and activities covered under HIPAA, then at Purchaser’s request, Contractor agrees to execute Purchaser’s business associate Contract in compliance with HIPAA.
Contractor shall ensure its directors, officers, employees, Subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. Contractor and its Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the Agency or as otherwise required by law.
Any breach of this provision may result in termination of the Contract and demand for return of all personal information. The Contractor agrees to indemnify and hold harmless the State of Washington and the Purchaser for any damages related to both: (1) the Contractor’s unauthorized use of personal information and (2) the unauthorized use of personal information by unauthorized persons as a result of Contractor’s failure to sufficiently protect against unauthorized use, disclosure, modification, or loss.
Contractor shall maintain a log documenting the following: the Confidential Information received in the performance of this Contract; the purpose(s) for which the Confidential Information was received; who received, maintained and used the Confidential Information; and the final disposition of the Confidential Information. Contractor’s records shall be subject to inspection, review or audit in accordance with Retention of Records. Purchaser reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used, or acquired by Contractor through this Contract. The monitoring, auditing, or investigating may include, but is not limited to, salting databases.
Violation of this section by Contractor or its Subcontractors may result in termination of this Contract and demand for return of all Confidential Information, monetary damages, or penalties.
Immediately upon expiration or termination of this Contract, Contractor shall, at Purchaser’s option: (i) certify to Purchaser that Contractor has destroyed all Confidential Information; or (ii) return all Confidential Information to Purchaser; or (iii) take whatever other steps Purchaser requires of Contractor to protect Purchaser’s Confidential Information.
10. WAIVER.
Failure or delay of the Purchasing Activity or Purchaser to insist upon the strict performance of any term or condition of the Contract or to exercise any right or remedy provided in the Contract or by law; or the Purchasing Activity’s or Purchaser’s acceptance of or payment for materials, supplies, services and/or equipment, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Purchasing Activity or Purchaser to insist upon the strict performance of the entire agreement by the Contractor. In the event of any claim for breach of Contract against the Contractor, no provision of this Contract shall be construed, expressly or by implication, as a waiver by the Purchasing Activity or Purchaser of any existing or future right and/or remedy available by law.
11. TREATMENT OF ASSETS.
Title to all property furnished by the Purchasing Activity and/or Purchaser shall remain in the Purchasing Activity and/or Purchaser, as appropriate. Title to all property furnished by the Contractor, the cost for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in the Purchaser upon delivery of such property by the Contractor and Acceptance by the Purchaser. Title to other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and vest in the Purchaser upon (i) issuance for use of such property in the performance of this Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by the Purchaser in whole or in part, whichever first occurs.
Any property of the Purchasing Activity and/or Purchaser furnished to the Contractor shall, unless otherwise provided herein or approved by the Purchasing Activity and/or Purchaser, be used only for the performance of this Contract.
The Contractor shall be responsible for damages as a result of any loss or damage to property of the Purchasing Activity and/or Purchaser which results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain, administer and protect that property in a reasonable manner and to the extent practicable in all instances.
If any Purchasing Activity and/or Purchaser property is lost, destroyed, or damaged, the Contractor shall immediately notify the Purchasing Activity and/or Purchaser and shall take all reasonable steps to protect the property from further damage.
The Contractor shall surrender to the Purchasing Activity and/or Purchaser all property of the Purchasing Activity and/or Purchaser prior to settlement upon completion, termination, or cancellation of this contract.
All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors.
DISPUTES AND REMEDIES
1. PROBLEM RESOLUTION AND DISPUTES.
Problems arising out of the performance of this Contract shall be resolved in a timely manner at the lowest possible level with authority to resolve such problem, consistent with CI/DES, Master Contracts and Consulting Unit Memorandum of Understanding. If a problem persists and cannot be resolved, it may be escalated as defined in the MOU.
2. ADMINISTRATIVE SUSPENSION.
When it in the best interest of the state, the Purchasing Activity may at any time, and without cause, suspend the Contract or any portion thereof for a period of not more than thirty (30) calendar days per event by written notice from the Contract Administrator to the Contractor’s Representative. Contractor shall resume performance on the next business day following the 30th day of suspension unless an earlier resumption date is specified in the notice of suspension. If no resumption date was specified in the notice of suspension, the Contractor can be demanded and required to resume performance within the 30 day suspension period by the Contract Administrator providing the Contractor’s Representative with written notice of such demand.
3. FORCE MAJEURE.
The term “force majeure” means an occurrence that causes a delay that is beyond the control of the party affected and could not have been avoided by exercising reasonable diligence. Force majeure shall include acts of God, war, riots, strikes, fire, floods, epidemics, or other similar occurrences.
Exceptions: Except for payment of sums due, neither party shall be liable to the other or deemed in breach under this Contract if, and to the extent that, such party's performance of this Contract is prevented by reason of force majeure.
Notification: If either party is delayed by force majeure, said party shall provide written notification within forty-eight (48) hours. The notification shall provide evidence of the force majeure to the satisfaction of the other party. Such delay shall cease as soon as practicable and written notification of same shall likewise be provided. So far as consistent with the Rights Reserved below, the time of completion shall be extended by Contract amendment for a period of time equal to the time that the results or effects of such delay prevented the delayed party from performing in accordance with this Contract.
Rights Reserved: The Purchasing Activity reserves the right to authorize an amendment to this Contract, terminate the Contract, and/or purchase materials, supplies, equipment and/or services from the best available source during the time of force majeure, and Contractor shall have no recourse against the State.
4. NON-EXCLUSIVE REMEDIES.
The remedies provided for in this Contract shall not be exclusive but are in addition to all other remedies available under law.
5. LIMITATION OF LIABILITY.
The parties agree that neither Contractor, Purchasing Activity nor Purchaser shall be liable to each other, regardless of the form of action, for consequential, incidental, indirect, or special damages except a claim related to bodily injury or death, or a claim or demand based on patent, copyright, or other intellectual property right infringement, in which case liability shall be as set forth elsewhere in this Contract. This section does not modify any sections regarding liquidated damages or any other conditions as are elsewhere agreed to herein between the parties. The damages specified in the sections titled Termination for Default and Retention of Records are not consequential, incidental, indirect, or special damages as that term is used in this section.
Neither the Contractor, the Purchasing Activity nor Purchaser shall be liable for damages arising from causes beyond the reasonable control and without the fault or negligence of the Contractor, the Purchasing Activity or Purchaser. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of a governmental body other than the Purchasing Activity or the Purchaser acting in either its sovereign or contractual capacity, war, explosions, fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the delays must be beyond the reasonable control and without fault or negligence of the Contractor, the Purchasing Activity or the Purchaser, or their respective Subcontractors.
If delays are caused by a Subcontractor without its fault or negligence, Contractor shall not be liable for damages for such delays, unless the Services to be performed were obtainable on comparable terms from other sources in sufficient time to permit Contractor to meet its required performance schedule.
Neither party shall be liable for personal injury to the other party or damage to the other party’s property except personal injury or damage to property proximately caused by such party’s respective fault or negligence.
CONTRACT TERMINATION
1. MATERIAL BREACH.
A Contractor may be terminated for Cause by the Purchasing Activity, at the sole discretion of the Contract Administrator, for failing to perform a contractual requirement or for a material breach of any term or condition. Material breach of a term or condition of the Contract may include but is not limited to:
a. Contractor failure to perform services or deliver materials, supplies, or equipment by the date required or by an alternate date as mutually agreed in a written amendment to the Contract.
b. Contractor providing inferior quality products or otherwise failing to meet contract product specifications.
c. Contractor failure to carry out any warranty or fails to perform or comply with any mandatory provision of the contract.
d. Contractor becomes insolvent or in an unsound financial condition so as to endanger performance hereunder.
e. Contractor becomes the subject of any proceeding under any law relating to bankruptcy, insolvency or reorganization, or relief from creditors and/or debtors that endangers the Contractor’s proper performance hereunder.
f. Appointment of any receiver, trustee, or similar official for Contractor or any of the Contractor’s property and such appointment endanger the Contractor’s proper performance hereunder.
g. A determination that the Contractor is in violation of federal, state, or local laws or regulations and that such determination renders the Contractor unable to perform any aspect of the Contract.
2. OPPORTUNITY TO CURE.
In the event that Contractor fails to perform a contractual requirement or materially breaches any term or condition, the Purchasing Activity may issue a written cure notice. The Contractor may have a period of time in which to cure. The Purchasing Activity is not required to allow the Contractor to cure defects if the opportunity for cure is not feasible as determined solely within the discretion of the Purchasing Activity. Time allowed for cure shall not diminish or eliminate Contractor's liability for liquidated or other damages, or otherwise affects any other remedies available against Contractor under the Contract or by law. If the breach remains after Contractor has been provided the opportunity to cure, the Purchasing Activity may do any one or more of the following.
a. Exercise any remedy provided by law.
b. Terminate this Contract and any related Contracts or portions thereof.
c. Procure replacements and impose damages as set forth elsewhere in this Contract.
d. Impose actual or liquidated damages.
e. Suspend or bar Contractor from receiving future Solicitations or other opportunities.
f. Require Contractor to reimburse the state for any loss or additional expense incurred as a result of default or failure to satisfactorily perform the terms of the Contract.
3. TERMINATION FOR CAUSE.
In the event of termination, the Purchasing Activity shall have the right to procure for all Purchasers any replacement materials, supplies, services and/or equipment that are the subject of this Contract on the open market. In addition, the Contractor shall be liable for damages as authorized by law including, but not limited to, any price difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time.
If it is determined that: (1) the Contractor was not in material breach; or (2) failure to perform was outside of Contractor's or its Subcontractor’s control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". The rights and remedies of the Purchasing Activity and/or the Purchaser provided in this Contract are not exclusive and are in addition to any other rights and remedies provided by law.
4. TERMINATION FOR CONVENIENCE.
Except as otherwise provided in this Contract, the Purchasing Activity, at the sole discretion of the Contract Administrator, may terminate this Contract, in whole or in part by giving thirty (30) calendar days or other appropriate time period written notice beginning on the second day after mailing to the Contractor. If this Contract is so terminated, Purchasers shall be liable only for payment required under this Contract for properly authorized services rendered, or materials, supplies and/or equipment delivered to and Accepted by the Purchaser prior to the effective date of Contract termination. Neither the Purchasing Activity nor the Purchaser shall have any other obligation whatsoever to the Contractor for such termination. This Termination for Convenience clause may be invoked by the Purchasing Activity when it is in the best interest of the State of Washington. Reasons for such termination may include, but are not limited to.
5. TERMINATION FOR WITHDRAWAL OF AUTHORITY.
In the event that the Purchasing Activity and/or Purchaser’s authority to perform any of its duties is withdrawn, reduced, or limited in any way after the commencement of this Contract and prior to normal completion, the Purchasing Activity may terminate this Contract, in whole or in part, as permitted by law by written notice to CI.
6. TERMINATION FOR CONFLICT OF INTEREST.
Purchasing Activity may terminate this Contract by written notice to Contractor if it is determined, after due notice and examination, that any party to this Contract has violated Chapter 42.52 RCW, Ethics in Public Service, or any other laws regarding ethics in public acquisitions and procurement and performance of contracts. In the event this Contract is so terminated, the Purchasing Activity and /or Purchaser shall be entitled to pursue the same remedies against Contractor as it could pursue in the event that the Contractor breaches this Contract.
7. TERMINATION PROCEDURE.
In addition to the procedures set forth below, if the Purchasing Activity terminates this Contract, Contractor shall follow any procedures the Contract Administrator specifies in the termination notice.
Upon termination of this Contract and in addition to any other rights provided in this Contract, Contract Administrator may require the Contractor to deliver to the Purchaser any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer.
The Purchaser shall pay to the Contractor the agreed upon price, if separately stated, for completed work and service(s) Accepted by the Purchaser, and the amount agreed upon by the Contractor and the Purchaser for (i) completed materials, supplies, services rendered and/or equipment for which no separate price is stated, (ii) partially completed materials, supplies, services rendered and/or equipment, (iii) other materials, supplies, services rendered and/or equipment which are Accepted by the Purchaser, and (iv) the protection and preservation of property, unless the termination is for cause, in which case the Purchasing Activity and the Purchaser shall determine the extent of the liability of the Purchaser. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. The Purchaser may withhold from any amounts due the Contractor such sum as the Contract Administrator and Purchaser determine to be necessary to protect the Purchaser against potential loss or liability. The rights and remedies of the Purchasing Activity and/or the Purchaser provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.
After receipt of a termination notice, and except as otherwise expressly directed in writing by the Contract Administrator, the Contractor shall:
a. Stop all work, order fulfillment, shipments, and deliveries under the Contract on the date, and to the extent specified, in the notice;
b. Place no further orders or subcontracts for materials, services, supplies, equipment and/or facilities in relation to the Contract except as is necessary to complete or fulfill such portion of the Contract that is not terminated;
c. Complete or fulfill such portion of the Contract that is not terminated in compliance with all contractual requirements;
d. Assign to the Purchaser, in the manner, at the times, and to the extent directed by the Contract Administrator on behalf of the Purchaser, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Purchaser has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.
e. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contract Administrator and/or the Purchaser to the extent Contract Administrator and/or the Purchaser may require, which approval or ratification shall be final for all the purposes of this clause;
f. Transfer title to the Purchaser and deliver in the manner, at the times, and to the extent directed by the Contract Administrator on behalf of the Purchaser any property which, if the contract had been completed, would have been required to be furnished to the Purchaser;
g. Take such action as may be necessary, or as the Contract Administrator and/or the Purchaser may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Purchasing Activity and/or the Purchaser has or may acquire an interest.
CONTRACT EXECUTION
1. ENTIRE AGREEMENT.
This Contract document and all subsequently issued amendments comprise the entire agreement between the Purchasing Activity and the Contractor. No other statements or representations, written or oral, shall be deemed a part of the Contract.
This Contract sets forth the entire agreement between the parties with respect to the subject matter hereof and except as provided in the section titled Contractor Commitments, Warranties and Representations, understandings, agreements, representations, or warranties not contained in this Contract or a written amendment hereto shall not be binding on either party. Except as provided herein, no alteration of any of the terms, conditions, delivery, Price, quality, or Specifications of this Contract will be effective without the written consent of both parties.
2. CHANGES.
Alterations to any of the terms, conditions, or requirements of this Contract shall only be effective upon written issuance of a mutually agreed Contract Amendment by the Contract Administrator.
3. CONTRACT SCOPE AND MODIFICATIONS.
The Purchasing Activity reserves the right to modify this Contract by mutual agreement between the Purchasing Activity and the Contractor, so long as such modification is substantially within the scope of the original Contract. Such modifications will be evidenced by issuance of a written authorized amendment by the Contract Administrator.
4. GOVERNING LAW/VENUE.
This Contract shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
5. AUTHORITY TO BIND.
The signatories to this Contract represent that they have the authority to bind their respective organizations to this Contract.
6. COUNTERPARTS.
This Contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate shall be deemed an original copy of this Contract signed by each party, for all purposes. In Witness Whereof, the parties hereto, having read this Contract in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto.
This Contract is effective this First day of April, 2008.
|Agreement Signed By: | |Agreement Signed By: |
|State of Washington | |State of Washington |
|Department of Enterprise Services | |Department of Corrections, CI |
|Master Contracts and Consulting Unit | |Contracts and Legal Affairs Office |
|1500 Jefferson St, SE | |P.O. Box 41114 |
|Olympia, WA 98504-1017 | |Olympia, WA 98504-1114 |
| | | |
|(Signature) | |(Signature) |
| | | |
|Date | |Date |
|Tim L. Shay | |Gary Banning |
|Contracts Specialist | |Administrator, Contracts & Legal Affairs |
| | | |
| |
|(Signature) |
| |
|Date |
|Cheral Jones |
|Procurement Unit Manager |
Appendix A – Special Terms and Conditions
1. SCOPE OF CONTRACT.
This contract is for the purchase of CI' products. This contract is a mandatory use contract for all Washington State Agencies. CI is the first source of supply for products. Other authorized but not mandated users include political subdivisions and non-profit organizations and institutions of higher education.
Important Note: Pursuant to RCW 43.19.534, state agencies and departments shall purchase for their use any required goods and services that are produced or provided in whole or in part from class II inmate work programs operated by CI. Unless CI has granted an authorized exemption, any state agency or department who purchases from another source may be in direct violation of state law. In the event that state law has been violated, CI reserves the right to insist upon the strict performance of this contract and pursue any other remedies available by law.
This contract was established in accordance with RCW 43.19.534, which provides the basis for mandatory purchases under this contract. In accordance with statute, if a Washington State manufacturer exists and meets exemption criteria identified in the Exemption Form (refer to Appendix D entitled Exemption Form), (1) an exemption can be allowed by CI RCW 43.19.190, and (2), second proviso, is superseded by the statute, which is the foundation of this contract, therefore the Best Buy Provisions do not apply to this contract. However, in circumstances where CI cannot meet an agency’s required delivery timeframe (i.e. end of biennium requirements, etc.) or the contract delivery term, CI may grant a one-time exception, reviewed on a case by case basis, Contact Chuck Barrow at (800)628-4738 for further information. The Department of Enterprise Services delegates to CI exemption review authority for the purpose of this contract only but reserves the right to revoke the delegation upon 30days written notice.
2. SPECIAL TERMS OF CONTRACT.
Contract term shall be implemented in accordance with RCW 43.19.534., RCW 43.19.1932, and the MOU dated 10/21/02 (Appendix E).
The parties agree to meet; if necessary, every 18 months to negotiate any modifications of any terms or conditions that may be a concern to either party. If a concern over a term or condition arises prior to the regularly scheduled meeting, the parties will schedule a special meeting and negotiate in good faith over a modification of that term or condition.
If, during the course of the contract term, RCW 43.19.534 is amended to eliminate the mandatory element, this contract will automatically convert to a convenience use contract after 60 days, unless otherwise specifically stipulated by the legislature.
3. CUSTOMERS.
Mandated Users: All State Agencies, Political Materials Management Center.
Higher Education: Senate bill # 6489 was established in 2004, which mandates Higher Education to purchase 1% from CI by June of 2006 followed by an increase to 2% by June, 2008.
K through 12th Grade: Senate Bill # 5631 was established in 2005, which mandated those grades to purchase 1% from CI.
Convenience Users: Political Subdivisions of Washington and Oregon, Qualified Non-profit Corporations.
4. ESTIMATED USAGE.
$55,000.00/per year. Estimated usage data as stated herein shall not bind the state (Master Contracts and Consulting Unit and the customers) to the purchase of said quantities. Usage estimates are based strictly upon past historical data and may not reflect future requirements.
5. CONTRACTOR'S REPRESENTATION.
a. Responsibility. CI’ Customer Service agents and sales representative(s) shall function as the primary point of contact, ensuring all supervision, coordination and corrective action is taken as necessary to meet contractual requirements.
b. Availability. CI’ Customer Service agents and sales representatives shall be readily available during normal business hours (8:00 AM- 3:45 PM Pacific Standard Time Monday through Friday) throughout the term of this contract. After 3:45 PM, contact the appropriate CI Account Executive for assistance. The representatives shall respond to a customer call within one business day from their initial call.
c. Representative. CI shall maintain sufficient sales representatives to ensure adequate coverage throughout the state. Sales representative will be responsible for providing correct order/product information. Sales staff shall be capable of assisting customers with product information, technical data, compatibility, order status information, etc.
d. CI Staff. CI shall maintain sufficient internal office staff to assist in price, availability, order processing, modifications, and to review orders for accuracy prior to order entry. A toll free number (800-628-4738) is provided for the purpose of assisting customers who might need technical assistance.
6. CI PERFORMANCE AS A CONTRACTOR.
a. General Requirements: The Master Contracts and Consulting Unit in conjunction with contract users, monitors and maintains records of CI performance. Said performance shall be a factor in considering further extensions of this contract. Customers are provided with product/service performance report forms that are forwarded to CI and to the Contract Administrator.
b. Damages: Damages caused by a failure to perform the obligations of this contract will be assessed in accordance with Special Terms & Conditions paragraphs entitled Delivery and Receipt of Damaged/Incorrect Merchandise.
c. Cost of Remedying Defects: All remedies including actual costs will be coordinated by CI and agreed upon by the customer. All defects, indirect and consequential costs of correcting, removing or replacing any or all of the defective materials will be the responsibility of CI. Contract disputes will be negotiated mutually in good faith. In the event of on-going non-performance of contractual requirements, CI and MCCU will confer with their respective Attorney General Office representatives. Remedies as provided by law will be applied and followed.
7. MATERIALS, WORKMANSHIP & QUALITY CONTROL.
CI shall be required to furnish all materials, equipment and/or services necessary to perform contractual requirements. Materials and workmanship in the construction of product for this contract shall conform to all codes, regulations and requirements for such product, specifications contained herein, and the normal uses for which intended. Materials shall be manufactured in accordance with the best commercial practices and standards for this type of product.
It is the policy of CI to provide its customers with products and services that conform to their specifications and quality requirements. CI’s goal is to achieve a constant high standard of quality while maintaining economical operations. Adherence to the precepts of If, in the sole judgment of the Purchasing Activity or the Purchaser, any item is determined not to be a product of equal specifications, or did not match the specifications listed in the contract; the Purchaser may take appropriate action identified herein.
8. PRICING. Pricing is identified herein starting on page 28.
9. ADDITIONAL/PRODUCT CHANGES.
Additions must be requested to Master Contracts and Consulting Unit and if approved, a contract amendment will be issued to formalize any changes.
10. ORDER FULFILLMENT REQUIREMENTS.
Authorized Purchasers may place orders against this Contract either in person, electronically, facsimile or by phone. Once an order is issued, the following shall apply:
a. For purposes of price verification and auditing, upon receipt of a purchase order the contractor shall send the Purchaser an order confirmation notification that identifies current contract pricing, delivery date, shipping location, etc., or other documentation to verify contract pricing.
b. Product damaged prior to acceptance will either be replaced or repaired in an expedited manner at contractor’s expense. Alternatively, at the Purchaser’s option, any possible damage to the product can be noted on the receiving report and the cost deducted from final payment.
11. SHIPPING AND RISK OF LOSS.
Contractor shall ship all Products purchased pursuant to this Contract, freight prepaid, FOB Purchaser’s destination. The method of shipment shall be consistent with the nature of the Products and hazards of transportation. Regardless of FOB point, Contractor agrees to bear all risks of loss, damage, or destruction of the Products ordered hereunder that occurs prior to Delivery Date except loss or damage attributable to Purchaser’s fault or negligence; and such loss, damage, or destruction shall not release Contractor from any obligation hereunder. After Delivery Date, the risk of loss or damage shall be borne by Purchaser, except loss or damage attributable to Contractor’s fault or negligence.
12. PURCHASE ORDER ACKNOWLEDGMENT.
CI will acknowledge orders in writing within five (5) business days after receipt of an accurate and complete order. An order is not considered received until all information provided by the customer for the product, billing, and shipping data is complete and accurate. Order acknowledgments will be sent to the customer’s “Bill to” address, unless otherwise requested by the customer.
The acknowledgment shall include field/purchase order number, ship to address, items ordered, contract pricing, and ship date. CI shall send only one order acknowledgment per order (unless subsequent changes need to be acknowledged), which shall be a consistent form recognized by their customers, and checked for accuracy prior to mailing.
Written field orders sent electronically, mailed or faxed to CI are preferred. Due to the possibility of errors, CI may refuse to accept telephone orders.
Alternate or additional terms and conditions accompanied with a purchase order acknowledgment are unacceptable; the terms and conditions incorporated herein prevail.
13. FAX ORDERS.
Send fax orders to (888) 535-0627, Attention: Customer Service Department. CI will accept fax orders, provided:
a. Customer must send their order with a cover sheet showing how many pages are included in the fax and verify fax transmission report reflects the correct number of pages sent via fax.
b. If a written confirming order is mailed to CI, it must be marked as a “confirming order” and specify the date that the fax order was previously transmitted to CI.
c. Customer is responsible for cancellation or return charges should a double order occur because the written order was not properly identified as a “confirming order”.
14. ORDER CANCELLATION & CHANGE ORDERS.
The customer may cancel or change orders for standard contract items without penalty within 5 working days from postmark date of order acknowledgment. After this period, CI may impose a 25% penalty of the item(s) being canceled and/or changed. In the event CI sends an order to the correct Ship-to Address on the delivery date (15 calendar days from order placement) and no one of authority at the delivery site is available to sign the delivery receipt, the order will be returned to CI’ warehouse whereupon a second delivery will be scheduled. The Customer will be notified and will be charged for the second and subsequent delivery attempts. Fifteen (15) calendar days are determined from the date the order is transmitted to CI.
15. SHIPPING LOCATIONS.
Authorized users of this mandatory purchase contract have various locations where goods are to be shipped; therefore, CI will ship to any location throughout the state upon customer’s request at no additional cost.
16. SHIPPING INSTRUCTIONS.
All goods are to be shipped prepaid to the customer in any amount to any delivery location within the state of Washington. All product prices include freight. Partial shipments are acceptable unless the purchaser indicates otherwise on the order document.
17. PACKAGING.
Unless otherwise specified, goods are to be shipped in new and undamaged condition and packaged in accordance with shipping industry standards or as mutually agreed upon by CI and the customer. Goods shipped in other than industry standard packaging, as requested by the customer, shall be at an additional cost and risk to the customer.
Labeling: Individual shipping cartons shall be labeled with the name of the ordering customer, order number, contract and/or product number.
18. DELIVERY.
All goods delivered under this contract shall be delivered within 60 calendar days after receipt of order (ARO) or unless an alternative delivery date has been mutually negotiated and agreed upon in writing. Non-standard product (product that has been otherwise modified, changed, deleted, added to or otherwise made custom) or services (markings, logos, identification symbols, stencils, etc.) may be subject to extended delivery options. Please contact CI’ Customer Service (800-628-4738) for more information, quote, or to be connected to your Account Executive.
Receipt of order is the day a complete and accurate order is faxed to CI. If an order is mailed to CI, the delivery date should be calculated starting 5 working days after a complete and accurate order is mailed.
If customer requires or requests faster than 60 day delivery schedule, CI will accommodate the request and charge the current UPS overnight delivery rates.
Penalty for Late Delivery and Damaged/Incorrect Merchandise. The acceptance of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligations remaining to be performed by CI. If delivery or replacement of damaged or incorrect, merchandise is delayed more than 5 calendar days beyond the contract delivery date, the customer may impose a penalty of 3% per week, for every week that delivery is delayed (penalty will be assessed on the first day of each week, beginning on the 6th calendar day beyond the contract delivery date). CI’ invoice shall reflect late delivery penalties, if applicable; otherwise, the customer will automatically credit CI’ late delivery penalties against the amount owing on the invoice when it submits payment.
Likewise, if the customer requests a delay in delivery of more than 5 calendar days beyond the contract delivery terms they will be assessed a penalty of 3% per week for every week of delay beyond the contract delivery term. (Penalty will be assessed on the first day of each week, beginning on the 6th calendar day beyond the contract delivery date). Penalty will be billed to the customer as a separate line item on invoice for the exact cost, unless delay is requested up front on the order document, and mutually agreed upon by the customer and CI.
19. RECEIPT OF DAMAGED/INCORRECT MERCHANDISE.
Anytime damaged, defective, or incorrect merchandise is discovered it should be brought to the immediate attention to a customer service representative at (800) 628-5738. Such inspection shall not be construed as final acceptance or as acceptance of the materials. If materials do not conform to contractual requirements they will complete a Quality Control Report to request repair or replacement with the correct merchandise. In the event that CI does not respond within a timely manner, contact the contract administrator, Tim L. Shay at (360) 407-9410 for further assistance.
When damage is identified at the time of delivery it should immediately be brought to the attention of the delivery driver and so noted on the receiving report. Concealed damage or shortages are to be reported within five (5) working days of receipt of merchandise. Customer should retain the carton and locate a copy of the signed freight bill to facilitate inspection.
CI shall expeditiously take the following steps, at no cost to the customer:
a) Investigate extent of the damage.
b) Pick up merchandise to be repaired or replaced after freight inspection.
c) Replace merchandise immediately from existing inventory (within 5 calendar days, otherwise the customer may choose to purchase elsewhere).
d) Prepare and submit all reports or claims to the carrier as necessary.
e) Coordinate fully with the customer on steps being taken and time frame for problem resolution.
CI shall ship all products purchased pursuant to this contract, freight prepaid, FOB Purchaser’s destination. The method of shipment shall be consistent with the nature of the Products and hazards of transportation. Regardless of FOB point, Contractor agrees to bear all risks of loss, damage, or destruction of the Products ordered hereunder that occurs prior to Delivery Date’ except loss or damage attributable to Purchaser’s fault or negligence; and such loss, damage, or destruction shall not release Contractor from any obligation hereunder. After delivery date, the risk of loss or damage shall be borne by Purchaser, except loss or damage attributable to Contractor’s fault or negligence.
20. INSPECTION AND REJECTION.
The Purchaser’s inspection of all materials, supplies and equipment upon delivery is for the purpose of forming a judgment as to whether such delivered items are what was ordered, were properly delivered and ready for Acceptance. Such inspection shall not be construed as final acceptance, or as acceptance of the materials, supplies or equipment, if the materials, supplies or equipment does not conform to contractual requirements. If there are any apparent defects in the materials, supplies, or equipment at the time of delivery, the Purchaser will promptly notify the Contractor. Without limiting any other rights, the Purchaser may require the Contractor to: (1) repair or replace, at Contractor’s expense, any or all of the damaged goods; (2) refund the price of any or all of the damaged goods; or (3) accept the return of any or all of the damaged goods.
21. COST OF REMEDY.
Cost of Remedying Defects: All defects, indirect and consequential costs of correcting, removing or replacing any or all of the defective materials will be charges against the Contractor.
22. RESTOCKING PROVISION.
Any standard item may be returned within five (5) working days after receipt, provided:
a) The item is new, and
b) The item is in unused condition.
c) The item must be in the original packaging, provided CI has not disposed of original packaging.
d) The item is not a modified or custom fabricated item for the customer.
A restocking charge equal to 25% of the net purchase price (before taxes) will be paid by the customer when the above conditions are met. The customer will be responsible for return freight costs. However, if error was caused by CI, there will be no restocking charge.
23. PAYMENT TERMS.
Payment should be made after receipt of product/service and the receipt of an acceptable invoice from CI. Payment shall be made no later than 30 days from receipt of invoice. When there are damaged item(s) or there are other factors making replacement of item(s) necessary, payment should be made on all undamaged goods received and invoiced for without regard to the resolution of the item(s) in question. Payment for item(s) in question is to be processed upon satisfactory fulfillment of CI’ contractual obligations and receipt of invoice.
24. WARRANTY.
Contractor warrants that all materials, supplies, services and/or equipment provided under this Contract shall be fit for the purpose(s) for which intended, for merchantability, and shall conform to the requirements and specifications herein. Acceptance of any materials, supplies, service and/or equipment, and inspection incidental thereto, by the Purchaser shall not alter or affect the obligations of the Contractor or the rights of the Purchaser.
Washington State Department of Corrections, Division of CI provides warranties for all of its products. “Standard product warranty is 90 days from the date of issue to the user. All products are guaranteed against defective materials or workmanship. Repair or replacement of defective products will be made promptly upon request. Credit will not be issued for products misused or abused, standard wear and tear or for incorrect sizes if the product has been worn.” Exclusions; this warranty does not apply and no other warranty applies to:
• Normal wear and tear
• Damage caused in-transit, which is handled under separate terms
• Modifications or attachments to the product that were not approved by CI
• Product that is not used or maintained in accordance with product instructions and warnings
• Product that is not stored or handled appropriately – whether such conduct is accidental or intentional
• Damage resulting from use after receipt of product in good condition
CI reserves the right to inspect products/components considered to be defective prior to taking any action under warranty. CI may require the purchaser to provide proof of purchase. In the event of doubts as to warranty coverage, CI decision is final.
To the extent allowed by law, CI makes no other warranty, either expressed or implied, including any warranty of merchantability or fitness for a particular purpose.
Any written commitment by Contractor within the scope of this Contract shall be binding upon Contractor. Failure of Contractor to fulfill such a commitment may constitute breach and shall render Contractor liable for damages under the terms of this Contract. For purposes of this section, a commitment by Contractor includes: (i) Prices, discounts, and options committed to remain in force over a specified period of time; and (ii) any warranty or representation made by Contractor in its Response or contained in any Contractor or manufacturer publications, written materials, schedules, charts, diagrams, tables, descriptions, other written representations, and any other communication medium accompanying or referred to in its Response or used to effect the sale to Purchaser.
25. HOW TO OBTAIN SERVICE UNDER THIS WARRANTY.
You can be assured of the best and quickest level of service by contacting Customer Service at (800) 628-4738 within 15 days of discovery of the defect. Be prepared to provide the Purchase Order Number(s) or ORD#, and or Date of Purchase.
26. RETENTION OF RECORDS.
CI shall retain all records relating to this contract for a period of six (6) years following the date of final payment or completion of any required audit, whichever is earlier. Any authorized representative of the state or federal government (where federal funds are involved) shall have access to and the right to examine, audit, excerpt, and transcribe all said records within a reasonable time. Proprietary information will follow the rules and regulations covered under RCW 42.56.270.
27. ALTERATIONS AND AMENDMENTS.
CI and Master Contracts and Consulting Unit may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind CI and Master Contract and Consulting Unit.
Appendix B – Business and Transition Schedule
CI submitted a Letter of Intent to take over the State contract for picnic table kits, Fire rings, and Barbeques on April 01, 2008.
|Transition Flow |
| |Action | Duration |Start |End | |
| |PLANNING PHASE |120 days |08/22/2007 |12/22/2007 | |
| |Contract Negotiations |84 days | | | |
| |Product Specification Phase |40 days | | |Discussion between stake holders & CI to define product |
| | | | | |specifications. |
| |CI Produced Samples for Approval |29 days | | |CI to display product samples for approval. |
| |Discussion of Contract Language |56 days | | |Discussion between CI and all involved parties to define |
| | | | | |contract language. |
| |Transition Flow Chart |1 day | | | |
| |CI Extension of Current Vendor |31 days | | |CI to build inventory stock to begin filling order upon |
| |SKU's | | | |take-over of contract. |
| |CI Take Over of Contract |ongoing |April 01, 2008 |further notice |CI to begin filling orders for contract. |
| |OTHER KEY POINTS |
| |Order to ship time |15 days per contract |
| | |Per Contract. |
| |Inventory stock levels | 1 month |CI will master schedule to maintain constant supply. Pass Through orders |
| |Order Invoice Time |Delivery 60 days ARO |May be used for items not in stock. |
| |Invoicing Process |Invoice within 30 days after signed receipt of | |
| | |delivery | |
| |Discussion – CI, Master Contracts|ongoing |
| |and Consulting Unit U, | |
| |Stakeholders | |
A determination was made that products for this contract will be distributed through the CI operation and CI began discussions with various vendors to supply products to fill this contract. On, 2007 meetings began between Master Contracts and Consulting Unit, CI, and the stake holders who purchase on this contract to discuss the specifications of products involved in the contract and streamlining the products involved in the contract. This process would need to be completed by 2007 to allow CI one (1) month to build adequate stock levels to fulfill orders beginning April 01, 2008. In addition, during this process CI will provide samples, based upon the discussed specifications for approval by the stake holders. Contract language discussions will be ongoing between. CI will begin servicing the contract on April 1st, 2008. CI will provide product to customers within 60 days ARO. Invoicing will occur to the customer within 30 days after signed receipt of delivery. CI is committed to master schedule to maintain a 30 day stock level to supply this contract.
Appendix C – CI Exemption Request Form
(REFERENCE WAC 236-49-055)
Exemption Application and Process from State Contract
Correctional Industries
(REFERENCE WAC 236-49-055)
Complete the following steps to request an exemption from Correctional Industries’ mandatory contract.
Step 1: Does a mandatory CI state contract for a like or similar product exist?
Yes ____ No ____
If YES, continue with Step 2. If NO, the exemption form is not necessary, but please forward to CI.
Step 2: Is the product/service manufactured in Washington State (as defined below)?
Yes ____ No ____
If YES, continue with Step 3. If NO, exemption request denied. Check with CI for standard or modified product available on contract.
Step 3: a) Does the CI product meet customer’s reasonable requirements (as defined below)?
Yes ____ No ____
b) Is CI product/service of equal quality (as defined below)?
Yes ____ No ____ (If NO, submit product technical specifications with this form).
c) Is CI's price the same or lower than the selected alternate product/service?
Yes ____ No ____
If YES to all criteria in step 3, exemption request denied and you must use the CI contract.
If NO to any one of the criteria in Step 3, complete Step 4 and submit exemption request form to CI for approval.
Step 4: Please complete the following prior to submitting the exemption request form to CI:
|CI Product Information: |Alternative Purchase Information: |
|NOTE: CI’s UNIT PRICE includes FOB Destination. | |
|Item/Service Description: |Item/Service Description: |
|Model #: |Mfg./Model #: |
|Price/Unit: |Price/Unit |
|Quantity: |Quantity |
|Freight Cost: FOB Destination |Freight cost: |
|Total Cost: |Total Cost: |
| |Supplier Name & Address |
| |Contact/Phone: |
If CI does not meet your reasonable requirements, please explain here (if more space is required, attach an additional sheet):
Note: Please submit technical specifications with your exemption request form (these can be obtained from the alternate source), if exemption form will be evaluated by quality comparison (if answered "no" to Step 3b).
Upon receipt, Correctional Industries will review your request and respond within five (5) business days (unless a shorter or longer time frame has been mutually agreed to), provided the appropriate documents are submitted with exemption request form. If faxing this form to CI, please call to confirm receipt by CI. If CI doesn’t respond within five (5) business days, you may exercise your alternative purchase, and inform CI by telephone, fax, or mail.
Submitted by: Agency/Division: _____________________________________________________
Name/Title: ____________________________________________________
Phone No.: _______________________
FAX No.: __________________________
Date: ____________________________
Time: _____________________________
Submit to: Department of Corrections FAX: (360) 753-0219
Correctional Industries Telephone: (360) 725-9139
PO Box 41115
Olympia, Washington 98504-1115
Attn: Cameron Hood
Approved/Denied By: ___________________________________ _____________
Correctional Industries Date
Customers have the right to appeal exemption denials through the Office of State Procurement. Contact the Contract Administrator at (360) 407-9410 and notify CI with a copy of the appeal request. Master Contracts and Consulting Unit will notify CI of the appeal request and consider points of view from both parties before making a final determination. Appeals will be responded to within five (5) business days (unless a shorter or longer time frame has been mutually agreed to).
Definitions:
Exemption - Exemption from CI mandatory contract applies only when a product is manufactured within the State of Washington.
In-State Manufacturer- Products whose major components are assembled or fabricated by using machinery, hand tools or otherwise constructed and whose manufacturing facility is located within the geographical boundaries of the State of Washington, have a State of Washington business address, and have a current Washington State business license.
Reasonable requirements - Requirements determined by the customer to be necessary to their program and end user’s needs. These shall include, but not be limited to, delivery time, standard industry construction materials utilized, disability requirements, fit, function or special requirements.
Equal quality - Having the same/greater strength, capacity, size, power, etc. Meeting functional and performance requirements, as evaluated by Correctional Industries, based on the technical specifications.
Product/Service - A product or product line and services.
Term of Exemption - If approved, the exemption is for the specified product or product line for a one year period. All subsequent customers may receive exemption with proper application and CI’s response.
One Time Exception - In circumstances where CI cannot meet your required delivery timeframe (i.e. end of biennial requirements, etc.) or the contract delivery term, CI may grant a one-time exception, reviewed by CI on a case by case basis. Contact Cameron Hood with CI at 360-725-9131 for a one-time exception.
cc: Tim L. Shay, Contract Administrator, Office of State Procurement
Appendix D – Memorandum of Understanding (CI & Master Contracts and Consulting Unit)
1. Purpose: The purposes of this agreement are:
To implement the charge expressed in the joint memorandum from the Director of the Department of Enterprise Services and the Secretary of the Department of Corrections dated March 15, 2002.
To clarify the roles and responsibilities the Department of Enterprise Services Master Contracts and Consulting Unit (MCCU) and the Department of Corrections, CI program (CI);
To foster cooperative working relationships between the MCCU and the CI program;
To help coordinate and, where possible, to simplify the implementation procedures required for the purchase of goods and services from inmate work programs.
To understand and honor each participating agency’s mission.
2. Authority: Specific mandates to undertake the purchase of goods and services from inmate work program activities identified in this Memorandum of Understanding are provided through RCWs 43.19.534, 43.19.535, 43.19.1932 & WAC 236.49.055
3. Mission Statements:
Department of Enterprise Services We help our customers succeed
a. MCCU
To provide value-added Professional Public Purchasing business services and expertise based on our customer’s requirements and objectives, in the most timely, effective, efficient, and economical manner.
b. Department of Corrections
The Department of Corrections will enhance community safety by collaborating with its criminal justice partners, victims, citizens, and other stakeholders; holding offenders accountable; administering criminal sanctions and effective correctional programs; and providing leadership for the future.
c. CI
As a business, CI is committed to maintain and expand offender work training programs which develop marketable skills, instill and promote a positive work ethic and reduce the tax burden of corrections.
4. Scope: The scope of this agreement encompasses key activities of the MCCU and the CI program necessary to implement the purchase of goods and services from inmate work programs (RCW 43.19.534 & 535) and to implement in a coordinated way related statutory (RCW 43.19.1932) and administrative rules (WAC 236.49.055) notably the 120 day rule. While this agreement specifies some key coordinating procedures, it presumes continuing interagency cooperation to implement these efforts.
5. Basic Principles:
The enabling statute [RCW 43.19.534] directs state agencies to purchase CI products. As such, the CI mission has precedence over alternative sources of supply otherwise available to state agencies.
All exemptions from applicability of procurement rules set forth in RCW 43.19.1932 and any other statute or regulation, shall continue in full force and effect in any sole source or mandatory state contract issued under the terms of this agreement. This agreement does not limit the availability of any independent statutory or regulatory provision related to purchasing or sale of goods or services, or the development of agreements between the CI program and other agencies or potential customers. For example, this agreement will not restrict the availability of interlocal agreements with political subdivisions, non-profits, or other state governments pursuant to RCW 39.34.010 et seq. or RCW 72.60.160.
There is a joint commitment to the success of the CI program through the promotion of purchases of goods and service from inmate work programs.
The CI program commits to working closely with the MCCU to develop contracts that provide customers needed products without adversely impacting the integrity of the competitive procurement process.
The parties agree to exercise good faith sharing of information. The parties will respond in a timely manner in situations requiring coordinated agency action.
CI and MCCU will to the best of their abilities honor the other’s roles and responsibilities without impairing their own individual roles and responsibilities.
6. Areas of Coordination: In each area of support for the purchase of goods and services from inmate work programs, each agency will keep the other informed of major upcoming developments and progress. These include:
* New product and service developments by CI;
* Development of first time contracts for products and services by MCCU:
* Timelines/plans for developing new contracts, products or services;
* Impacts of partial takeovers of contracts
* Product line changes
* Development of Cost Model(s) for MCCU services provided to CI.
• Development and implementation of an exemption/exception processes for allowing for purchases by agencies outside any mandatory state contract held by CI.
• Development of a process for modification of existing contracts held by the CI program, during the term of the contract.
• Development and clarification of Washington Administrative Codes that apply to the purchase of goods and services from CI Programs.
7. Key responsibilities of each agency in support of the purchase of goods and service from inmate work program:
a. Good Faith Participation: both agencies accept the responsibility to participate in good faith. To be effective, MCCU and CI should also:
* Insure their understanding of the other’s roles, policies, expectations, potential contributions and constraints, and help clarify misunderstandings early.
* Anticipate emergent issues in the planning process, to start consideration of potential agency obligations and areas where a coordinated agency position will have to be developed.
b. Key Responsibilities of MCCU:
1. Contract Reports: MCCU will provide contract status reports to CI by the first week of every month.
2. Annual Strategic and Business Planning: MCCU will include CI in the Purchasing and Contract Administration’s Annual Resource Planning and Contracting Strategy sessions. MCCU and CI participating collaboratively in joint strategic planning will provide measurably better results by providing:
• Advance notice of contracting opportunities
• Sensitive communication during operating year
• Strengthening our business partnership
• Improvements in our quality of service.
3. Contract Template: The parties will develop and maintain a mutually acceptable contract template for the sole source purchase of goods or services from the CI program.
4. Agency Representative: MCCU will designate an agency representative to act as the primary point of contact within Department of Enterprise Services, Master Contracts and Consulting Unit for CI and the DES/CI MOU Executive Team. The representative will be responsible for managing the relationship of MCCU with CI in accordance with the MOU and providing MOU implementation progress reports to DES/CI Executive Team.
5. Business Agent: MCCU may act as a business agent for CI for the procurement of materials, goods and services consumed by the manufacturing and reselling operations of CI, when such assistance is requested by the CI program.
d. Key Responsibilities of CI:
1. Annual Strategic and Business Planning: CI will include MCCU in CI’s annual business planning sessions. MCCU and CI participating collaboratively in joint strategic planning will provide measurably better results by providing:
• Advance notice of contracting opportunities
• Sensitive communication during operating year
• Strengthening our business partnership
• Improvements in our quality of service.
2. Takeover of Existing Contracts: Recognizing the need of DES to plan and administer work in a timely and effective fashion, CI will provide notice to DES of existing contracts that CI intends to takeover.
a) A notice to takeover an existing contract will be provided in accordance with WAC 236.49.055.
b) The issuance of a notice to takeover an existing contract by CI is acknowledgment that CI is capable of starting full performance upon the expiration of the existing contract and immediate subsequent award of a sole source contract to CI. The notice will be accompanied by a business plan that documents the capability of the program to provide the goods or services required by the contract within 120 days from the date of notice.
c) Respecting the integrity and business sense of existing contracts, CI will consult with DES prior to issuing notice to takeover a portion of a complete contract.
3. First time Contracting Opportunities. Upon notification by DES of first time contracting opportunities, CI will respond to DES within 30 days with a letter of intent to:
a) Not accept a sole source contract or;
b) Accept a sole source contract. The letter of intent to accept a sole source contract will be accompanied by a business plan that documents the capability of the program to provide the goods or services required within 120 days from the date of notice.
c) Any documents or information provided by CI to Master Contracts and Consulting Unit and designated as confidential or proprietary shall be afforded the protections allowed under RCW Chapters 42.17, WAC 236-56.
4. Competitive Contracts. In the event CI fails to provide timely notice of intent to become a sole source vendor through the takeover an existing contract or participation in a first time contracting opportunity. CI relinquishes preferential status upon CI’s decision to participate in the competitive process.
5. Agency Representative. CI will designate an agency representative to act as the primary point of contact within CI for Master Contracts and Consulting Unit and the DES/CI MOU Executive Team. The representative will be responsible for managing the relationship of CI with Master Contracts and Consulting Unit in accordance with the MOU and providing MOU implementation progress reports to DES CI Executive Team.
6. Performance. Recognizing MCCU’s responsibility to provide a sustainable source of supply for customers and CI’s commitment to improving contract performance, financial incentives shall be included in each contract. The specific measures should address the following issues:
a) Responding to customer concerns
b) On time delivery
c) Quality
8. Dispute resolution: MCCU and CI agree to promote peaceful effective conflict resolution through an issue escalation process. Resolution of disputes will be addressed to the executive team through an issue paper. An issue will be considered a candidate for escalation when it becomes evident that the work group cannot resolve the issue through negotiation and discussion. An issue will be escalated upon discussion without a 10 day period or by mutual agreement. However, it is the intent of this agreement to resolve issues at the lowest level possible.
The format of the issue paper is as follows:
• Issue– a description of the situation
• Background – provides details of the supporting factual basis
• Impact – describes impacts to business, stakeholders, CI, and contracting practices
• Positions—CI’s perspective and MCCU’s perspective
• Requested action—action requested by work group to resolve the impasse
9. Amendments and updates: As experience is gained with the implementation of this Memorandum of Understanding, changes may be needed to respond to emerging issues. This memorandum of understanding can be updated, refined, or amended in writing as needed through each agency’s lead, in consultation with the DES/CI MOU Executive Team. It is further agreed upon that this MOU will be reviewed for effectiveness 6 months after signature.
10. Term: This agreement shall remain in full effect until dissolved by mutual agreement of the MOU Executive Team. Either party may request termination or modification upon written notice.
11. Conclusion: In signing this document, the head of each participating agency reaffirms the importance of coordinated state agency support for the purchase of goods and service from inmate work programs, and commits that agency to support these efforts as outlined above.
Signed: Dated:
_________________
Rob Fukai, Director
Department of Enterprise Services
_____________________
Joseph Lehman, Secretary
Department of Corrections
Memorandum of Understanding with signatures:
................
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