Catering Services
| Agency: | State Government of Pennsylvania |
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| State: | Pennsylvania |
| Type of Government: | State & Local |
| Category: |
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| Posted: | Dec 19, 2019 |
| Due: | Apr 1, 2024 |
| Solicitation No: | 4400021562 |
| Publication URL: | To access bid details, please log in. |
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Attachment Preview
PART V - CONTRACT TERMS and CONDITIONS
PART V - CONTRACT TERMS and CONDITIONS
V.1 CONTRACT-001.1b Contract Terms and Conditions (Nov 30, 2006)
The Contract with the awarded bidder (who shall become the "Contractor") shall include the following terms and
conditions:
V.2 CONTRACT-002.1a Term of Contract – Contract (May 2012)
The term of the Contract shall commence on the Effective Date (as defined below) and shall end on the Expiration
Date identified in the Contract, subject to the other provisions of the Contract.
The Effective Date shall be: a) the Effective Date printed on the Contract after the Contract has been fully executed
by the Commonwealth (signed and approved as required by the Commonwealth contracting procedures) or b) the
"Valid from" date printed on the Contract, whichever is later.
V.3 CONTRACT-002.3 Extension of Contract Term (Nov 30 2006)
The Commonwealth reserves the right, upon notice to the Contractor, to extend any single term of the Contract for
up to three (3) months upon the same terms and conditions.
V.4 CONTRACT-003.1a Signatures – Contract (July 2015)
The Contract shall not be a legally binding contract until the fully-executed Contract has been sent to the
Contractor. No Commonwealth employee has the authority to verbally direct the commencement of any work or
delivery of any supply under this Contract prior to the Effective Date. The Contractor hereby waives any claim or
cause of action for any service or work performed prior to the Effective Date.
The Contract may be electronically signed by the Commonwealth. The electronically-printed name of the
Purchasing Agent represents the signature of that individual who has the authority, on behalf of the Commonwealth,
to bind the Commonwealth to the terms of the Contract. If the Contract output form does not have "Fully Executed"
at the top of the first page and does not have the name of the Purchasing Agent printed in the appropriate box, the
Contract has not been fully executed.
The fully-executed Contract may be sent to the Contractor electronically or through facsimile equipment. The
electronic transmission of the Contract shall require acknowledgement of receipt of the transmission by the
Contractor. Receipt of the electronic or facsimile transmission of the Contract shall constitute receipt of the
fully-executed Contract.
The Commonwealth and the Contractor specifically agree as follows:
a. No handwritten signature shall be required in order for the Contract to be legally enforceable.
b. The parties agree that no writing shall be required in order to make the Contract legally binding, notwithstanding
contrary requirements in any law. The parties hereby agree not to contest the validity or enforceability of a genuine
Contract or acknowledgement issued electronically under the provisions of a statute of frauds or any other
applicable law relating to whether certain agreements be in writing and signed by the party bound thereby. Any
genuine Contract or acknowledgement issued electronically, if introduced as evidence on paper in any judicial,
arbitration, mediation, or administrative proceedings, will be admissible as between the parties to the same extent
and under the same conditions as other business records originated and maintained in documentary form. Neither
party shall contest the admissibility of copies of a genuine Contract or acknowledgements under either the business
records exception to the hearsay rule or the best evidence rule on the basis that the Contract or acknowledgement
were not in writing or signed by the parties. A Contract or acknowledgment shall be deemed to be genuine for all
purposes if it is transmitted to the location designated for such documents.
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c. Each party will immediately take steps to verify any document that appears to be obviously garbled in
transmission or improperly formatted to include re-transmission of any such document if necessary.
V.5 CONTRACT-004.1a Definitions (Oct 2013)
As used in this Contract, these words shall have the following meanings:
a. Agency: The department, board, commission or other agency of the Commonwealth of Pennsylvania listed as
the Purchasing Agency. If a COSTARS entity or external procurement activity has issued an order against this
contract, that entity shall also be identified as "Agency".
b. Contracting Officer: The person authorized to administer this Contract for the Commonwealth and to make
written determinations with respect to the Contract.
c. Days: Unless specifically indicated otherwise, days mean calendar days.
d. Developed Works or Developed Materials: All documents, sketches, drawings, designs, works, papers, files,
reports, computer programs, computer documentation, data, records, software, samples or any other tangible
material without limitation authored or prepared by Contractor as the work product covered in the scope of work for
the Project.
e. Documentation: All materials required to support and convey information about the services required by this
Contract. It includes, but is not necessarily restricted to, written reports and analyses, diagrams, maps, logical and
physical designs, system designs, computer programs, flow charts, disks, and/or other machine-readable storage
media.
f. Services: All Contractor activity necessary to satisfy the Contract.
V.6 CONTRACT-005.1d Purchase Orders (July 2015)
Commonwealth agencies may issue Purchase Orders against the Contract. These orders constitute the Contractor's
authority to make delivery. All Purchase Orders received by the Contractor up to and including the expiration date
of the Contract are acceptable and must be performed in accordance with the Contract. Each Purchase Order will be
deemed to incorporate the terms and conditions set forth in the Contract.
Purchase Orders may be electronically signed by the Agency. The electronically-printed name of the purchaser
represents the signature of that individual who has the authority, on behalf of the Commonwealth, to authorize the
Contractor to proceed.
Purchase Orders may be issued electronically or through facsimile equipment. The electronic transmission of a
purchase order shall require acknowledgement of receipt of the transmission by the Contractor. Receipt of the
electronic or facsimile transmission of the Purchase Order shall constitute receipt of an order. Orders received by the
Contractor after 4:00 p.m. will be considered received the following business day.
a. No handwritten signature shall be required in order for the Contract or Purchase Order to be legally enforceable.
b. The parties agree that no writing shall be required in order to make the Purchase Order legally binding. The
parties hereby agree not to contest the validity or enforceability of a Purchase Order or acknowledgement issued
electronically under the provisions of a statute of frauds or any other applicable law relating to whether certain
agreements be in writing and signed by the party bound thereby. Any Purchase Order or acknowledgement issued
electronically, if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative
proceedings, will be admissible as between the parties to the same extent and under the same conditions as other
business records originated and maintained in documentary form. Neither party shall contest the admissibility of
copies of Purchase Orders or acknowledgements under either the business records exception to the hearsay rule or
the best evidence rule on the basis that the Purchase Order or acknowledgement were not in writing or signed by the
parties. A Purchase Order or acknowledgment shall be deemed to be genuine for all purposes if it is transmitted to
the location designated for such documents.
c. Each party will immediately take steps to verify any document that appears to be obviously garbled in
Page 14
transmission or improperly formatted to include re-transmission of any such document if necessary.
Purchase Orders under ten thousand dollars ($10,000) in total amount may also be made in person or by telephone
using a Commonwealth Purchasing Card. When an order is placed by telephone, the Commonwealth agency shall
provide the agency name, employee name, credit card number, and expiration date of the card. Contractors agree to
accept payment through the use of the Commonwealth Purchasing Card.
V.7 CONTRACT-006.1 Independent Prime Contractor (Oct 2006)
In performing its obligations under the Contract, the Contractor will act as an independent contractor and not as an
employee or agent of the Commonwealth. The Contractor will be responsible for all services in this Contract
whether or not Contractor provides them directly. Further, the Contractor is the sole point of contact with regard to
all contractual matters, including payment of any and all charges resulting from the Contract.
V.8 CONTRACT-007.01b Delivery of Services (Nov 30 2006)
The Contractor shall proceed with all due diligence in the performance of the services with qualified
personnel, in accordance with the completion criteria set forth in the Contract.
V.9 CONTRACT-007.02 Estimated Quantities (Nov 30 2006)
It shall be understood and agreed that any quantities listed in the Contract are estimated only and may be increased
or decreased in accordance with the actual requirements of the Commonwealth and that the Commonwealth in
accepting any bid or portion thereof, contracts only and agrees to purchase only the materials and services in such
quantities as represent the actual requirements of the Commonwealth. The Commonwealth reserves the right to
purchase materials and services covered under the Contract through a separate competitive procurement procedure,
whenever Commonwealth deems it to be in its best interest.
V.10 CONTRACT-008.1a Warranty. (Oct 2006)
The Contractor warrants that all items furnished and all services performed by the Contractor, its agents and
subcontractors shall be free and clear of any defects in workmanship or materials. Unless otherwise stated in the
Contract, all items are warranted for a period of one year following delivery by the Contractor and acceptance by the
Commonwealth. The Contractor shall repair, replace or otherwise correct any problem with the delivered item.
When an item is replaced, it shall be replaced with an item of equivalent or superior quality without any additional
cost to the Commonwealth.
V.11 CONTRACT-009.1c Patent, Copyright, and Trademark Indemnity (Oct 2013)
The Contractor warrants that it is the sole owner or author of, or has entered into a suitable legal agreement
concerning either: a) the design of any product or process provided or used in the performance of the Contract which
is covered by a patent, copyright, or trademark registration or other right duly authorized by state or federal law or
b) any copyrighted matter in any report, document or other material provided to the Commonwealth under the
contract.
The Contractor shall defend any suit or proceeding brought against the Commonwealth on account of any alleged
patent, copyright or trademark infringement in the United States of any of the products provided or used in the
performance of the Contract.
This is upon condition that the Commonwealth shall provide prompt notification in writing of such suit or
proceeding; full right, authorization and opportunity to conduct the defense thereof; and full information and all
reasonable cooperation for the defense of same.
As principles of governmental or public law are involved, the Commonwealth may participate in or choose to
conduct, in its sole discretion, the defense of any such action.
Page 15
If information and assistance are furnished by the Commonwealth at the Contractor's written request, it shall be at
the Contractor's expense, but the responsibility for such expense shall be only that within the Contractor's written
authorization.
The Contractor shall indemnify and hold the Commonwealth harmless from all damages, costs, and expenses,
including attorney's fees that the Contractor or the Commonwealth may pay or incur by reason of any infringement
or violation of the rights occurring to any holder of copyright, trademark, or patent interests and rights in any
products provided or used in the performance of the Contract.
If any of the products provided by the Contractor in such suit or proceeding are held to constitute infringement and
the use is enjoined, the Contractor shall, at its own expense and at its option, either procure the right to continue use
of such infringement products, replace them with non-infringement equal performance products or modify them so
that they are no longer infringing.
If the Contractor is unable to do any of the preceding, the Contractor agrees to remove all the equipment or software
which are obtained contemporaneously with the infringing product, or, at the option of the Commonwealth, only
those items of equipment or software which are held to be infringing, and to pay the Commonwealth: 1) any
amounts paid by the Commonwealth towards the purchase of the product, less straight line depreciation; 2) any
license fee paid by the Commonwealth for the use of any software, less an amount for the period of usage; and 3) the
pro rata portion of any maintenance fee representing the time remaining in any period of maintenance paid for. The
obligations of the Contractor under this paragraph continue without time limit. No costs or expenses shall be
incurred for the account of the Contractor without its written consent.
V.12 CONTRACT-009.1d Ownership Rights (Oct 2006)
The Commonwealth shall have unrestricted authority to reproduce, distribute, and use any submitted report, data, or
material, and any software or modifications and any associated documentation that is designed or developed and
delivered to the Commonwealth as part of the performance of the Contract.
V.13 CONTRACT-010.1a Acceptance (Oct 2006)
No item(s) received by the Commonwealth shall be deemed accepted until the Commonwealth has had a reasonable
opportunity to inspect the item(s). Any item(s) which is discovered to be defective or fails to conform to the
specifications may be rejected upon initial inspection or at any later time if the defects contained in the item(s) or the
noncompliance with the specifications were not reasonably ascertainable upon the initial inspection. It shall
thereupon become the duty of the Contractor to remove rejected item(s) from the premises without expense to the
Commonwealth within fifteen (15) days after notification. Rejected item(s) left longer than fifteen (15) days will be
regarded as abandoned, and the Commonwealth shall have the right to dispose of them as its own property and shall
retain that portion of the proceeds of any sale which represents the Commonwealth's costs and expenses in regard to
the storage and sale of the item(s). Upon notice of rejection, the Contractor shall immediately replace all such
rejected item(s) with others conforming to the specifications and which are not defective. If the Contractor fails,
neglects or refuses to do so, the Commonwealth shall then have the right to procure a corresponding quantity of such
item(s), and deduct from any monies due or that may thereafter become due to the Contractor, the difference
between the price stated in the Contract and the cost thereof to the Commonwealth.
V.14 CONTRACT-011.1a Compliance With Law (Oct 2006)
The Contractor shall comply with all applicable federal and state laws and regulations and local ordinances in the
performance of the Contract.
V.15 CONTRACT-013.1 Environmental Provisions (Oct 2006)
In the performance of the Contract, the Contractor shall minimize pollution and shall strictly comply with all
applicable environmental laws and regulations, including, but not limited to: the Clean Streams Law Act of June
Page 16
22, 1937 (P.L. 1987, No. 394), as amended 35 P.S. Section 691.601 et seq.; the Pennsylvania Solid Waste
Management Act, Act of July 7, 1980 (P.L. 380, No. 97), as amended, 35 P.S. Section 6018.101 et seq. ; and the
Dam Safety and Encroachment Act, Act of November 26, 1978 (P.L. 1375, No. 325), as amended , 32 P.S. Section
693.1.
V.16 CONTRACT-014.1 Post-Consumer Recycled Content (June 2016)
Except as specifically waived by the Department of General Services in writing, any products which are provided to
the Commonwealth as a part of the performance of the Contract must meet the minimum percentage levels for total
recycled content as specified by the Environmental Protection Agency in its Comprehensive Procurement
Guidelines, which can be found at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program .
V.17 CONTRACT-014.3 Recycled Content Enforcement (February 2012)
The Contractor may be required, after delivery of the Contract item(s), to provide the Commonwealth with
documentary evidence that the item(s) was in fact produced with the required minimum percentage of
post-consumer and recovered material content.
V.18 CONTRACT-015.1 Compensation (Oct 2006)
The Contractor shall be required to furnish the awarded item(s) at the price(s) quoted in the Purchase Order. All
item(s) shall be delivered within the time period(s) specified in the Purchase Order. The Contractor shall be
compensated only for item(s) that are delivered and accepted by the Commonwealth.
V.19 CONTRACT-015.1A Compensation/Expenses (Oct 2013)
The Contractor shall be required to perform the specified services at the price(s) quoted in the Contract. All services
shall be performed within the time period(s) specified in the Contract. The Contractor shall be compensated only for
work performed to the satisfaction of the Commonwealth. The Contractor shall not be allowed or paid travel or per
diem expenses except as specifically set forth in the Contract.
V.20 CONTRACT-015.2 Billing Requirements (February 2012)
Unless the Contractor has been authorized by the Commonwealth for Evaluated Receipt Settlement or Vendor
Self-Invoicing , the Contractor shall include in all of its invoices the following minimum information:
- Vendor name and "Remit to" address, including SAP Vendor number;
- Bank routing information, if ACH;
- SAP Purchase Order number;
- Delivery Address, including name of Commonwealth agency;
- Description of the supplies/services delivered in accordance with SAP Purchase Order (include purchase
order line number if possible);
- Quantity provided;
- Unit price;
- Price extension;
- Total price; and
- Delivery date of supplies or services.
If an invoice does not contain the minimum information set forth in this paragraph, the Commonwealth may return
the invoice as improper. If the Commonwealth returns an invoice as improper, the time for processing a payment
will be suspended until the Commonwealth receives a correct invoice. The Contractor may not receive payment
until the Commonwealth has received a correct invoice.
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