F.O.B. DESTINATION (STATEWIDE CONTRACT)

F.O.B. DESTINATION FOR SHIPMENT TO:

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

ALL ITEMS MUST BE DELIVERED WITHIN APPROXIMATELY 30 DAYS AFTER
RECEIPT OF A PURCHASE ORDER.
REPORTS - QUARTERLY

THE SUCCESSFUL BIDDER SHALL BE REQUIRED TO SUBMIT QUARTERLY REPORTS
IN EXCEL FORMAT TO THE PURCHASING AGENT LISTED ON THE AWARDED
CONTRACT. THE QUARTERLY REPORTS WILL PROVIDE STATISTICAL DATA ON ALL
PURCHASES MADE FROM THE AWARDED CONTRACT BY STATE AGENCIES. IF THE
BIDDER EXTENDED THE BID OFFER TO LOCAL GOVERNMENTS AND AUTHORIZED
NON-PROFIT AGENCIES, THE QUARTERLY REPORTS WILL ALSO PROVIDE
STATISTICAL DATA ON ALL PURCHASES MADE FROM THE AWARDED CONTRACT BY
LOCAL GOVERNMENT UNITS AND AUTHORIZED NON-PROFIT AGENCIES PURSUANT TO
THE APPLICABLE TERM LOCATED IN THE INVITATION TO BID DOCUMENT TITLED
"PURCHASES BY LOCAL GOVERNMENT AND AUTHORIZED NON-PROFIT AGENCIES."

THE REPORT IS TO BE DETAILED, BROKEN DOWN BY LINE ITEM AND INCLUDE THE
FOLLOWING DATA:

1) CONTRACT NUMBER
2) AGENCY OR LOCAL GOVERNMENT UNIT OR NON-PROFIT AGENCY
3) CONTRACT LINE ITEM NUMBER
4) COMMODITY DESCRIPTION
5) LINE ITEM QUANTITY PURCHASED EACH QUARTER FOR EACH INDIVIDUAL
AGENCY, GOVERNMENTAL UNIT OR NON-PROFIT AGENCY.
6) LINE ITEM DOLLAR AMOUNT (VOLUME) PURCHASED EACH QUARTER FOR EACH
INDIVIDUAL AGENCY, GOVERNMENTAL UNIT OR NON-PROFIT AGENCY.
7) LINE ITEM QUANTITY PURCHASED TO DATE FOR EACH INDIVIDUAL AGENCY,
GOVERNMENTAL UNIT OR NON-PROFIT AGENCY.
8) LINE ITEM DOLLAR AMOUNT (VOLUME) PURCHASED TO DATE FOR EACH
INDIVIDUAL AGENCY, GOVERNMENTAL UNIT OR NON-PROFIT AGENCY.
9) SUB TOTALS FOR EACH CATEGORY ABOVE
10) GRAND TOTALS FOR EACH CATEGORY ABOVE.
PURCHASE ORDER RELEASE (SWC)

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

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

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

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

THE CONTRACTOR UNDERSTANDS AND AGREES THAT THE INVOICE SHALL;

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

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

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

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

PAYMENT

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

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

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

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

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

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


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

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

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

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

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

BUSINESS CONTACT - PERSON WHO CAN SERVE AS PROJECT MANAGER FOR THIS
CONTRACT

NAME:_____________________________________________


TITLE:____________________________________________


ADDRESS:__________________________________________

__________________________________________


PHONE:(A/C) _______ NUMBER __________________

FAX: (A/C) _______ NUMBER __________________

E-MAIL ADDRESS: _____________________________

TECHNICAL CONTACT (IF DIFFERENT FROM ABOVE) - PERSON WITHIN YOUR
ORGANIZATION WHO CAN ASSIST WITH THE CREATION OF AN ELECTRONIC
PRODUCT CATALOG FOR YOUR CONTRACT LINE ITEMS


NAME:_____________________________________________


TITLE:____________________________________________


ADDRESS:__________________________________________

__________________________________________


PHONE:(A/C) _______ NUMBER __________________

FAX: (A/C) _______ NUMBER __________________

E-MAIL ADDRESS: _____________________________

CORPORATE E-COMMERCE CONTACT - (IF DIFFERENT FROM ABOVE) PERSON WITHIN
YOUR ORGANIZATION WHO BEST UNDERSTANDS THE COMPANY E-COMMERCE
INITIATIVES AND WILL COMMUNICATE THESE INITIATIVES TO THE ORGANIZATION

NAME:_____________________________________________


TITLE:____________________________________________


ADDRESS:__________________________________________

__________________________________________


PHONE:(A/C) _______ NUMBER __________________

FAX: (A/C) _______ NUMBER __________________

E-MAIL ADDRESS: _____________________________
SPECIFICATIONS GOVERN OVER BRAND NAMES LISTED

THE ACCEPTABLE BRANDS AND MODEL NUMBERS ARE BELIEVED TO MEET ALL
WRITTEN SPECIFICATIONS. HOWEVER, IF AN ERROR EXISTS, THE
DEFINITIVE SPECIFICATIONS WILL GOVERN.
ICE MAKING MACHINES (SWC)

TYPE AND SIZES

ICE MAKING MACHINES IN ACCORDANCE WITH THIS SPECIFICATION, SHALL BE
FURNISHED IN THE FOLLOWING CONFIGURATIONS.

TYPE 1. ONE PIECE OR MODULAR MAKERS WITH STORAGE BINS.

2. ONE PIECE OR MODULAR COUNTER DISPENSER/MAKERS WITH STORAGE.

A. AIR COOLED CUBER
B. WATER COOLED CUBER
C. AIR COOLED FLAKER
D. WATER COOLED FLAKER

MACHINE SIZES ARE SPECIFIED BY PRODUCTION AND STORAGE LIMITS IN LBS.

ICE MAKING MACHINE GENERAL SPECIFICATIONS:
1. ARI PERFORMANCE CERTIFIED OR RATED AT 90 DEGREE F. AND 70 DEGREE
F. WATER TEMPERATURE FOR AIR COOLED UNITS. WATER COOLED UNITS ARE
TO BE RATED AT 70 DEGREE F. FOR POTABLE AND CONDENSER WATER.
PRODUCTION WILL BE BASED ON A 24 HOUR PERIOD.
2. UL LISTED /CERTIFIED.
3. NSF LISTED / CERTIFIED.
4. REFRIGERANT TYPE: R404A OR R134A
5. WARRANTY: MINIMUM 1 YEAR PARTS AND LABOR ON THE COMPLETE UNIT
AND 5 YEARS PARTS ON THE COMPRESSOR AND IN NO CASE LESS THAN THE
MANUFACTURES STANDARD WARRANTY.
6. CUBE / "CRESCENT" SIZE ON CUBE PRODUCING UNITS 7/8"X7/8"6/8"
(+/-1/4").
7. ELECTRICAL 110-120 OR 208-240, 1 OR 3 PHASE, AND 60 HZ AS
REQUIRED OR REQUESTED.
8. FLOOR UNITS TO INCLUDE 6" MINIMUM HEIGHT LEGS.
9. CONSTRUCTION: STAINLESS STEEL OR OTHER CORROSION RESISTANT
MATERIAL AS ACCEPTED UNDER NSF REQUIREMENTS.
10. ALL UNITS WILL BE NEW, FREE OF DEFECTS, AND MATCHING (WHERE
UNITS ARE USED IN COMBINATIONS SUCH AS ICE MAKERS AND BINS AND /
OR ICE MAKERS AND DISPENSERS).
11. ENERGYSTAR REQUIRED WERE LISTED ON SPECIFIC LINES.
12. ANY UNITS REQUIRING ADAPTERS, KITS OR ADDITIONAL PARTS SHALL
HAVE SUCH ADDITIONS SUPPLIED BY THE VENDOR. THESE ADDITIONS
ARE TO BE INCLUDED IN THE UNIT BID PRICE.

NOTE: AWARD CRITERIA WILL BE - COMPLIANCE WITH ALL SPECIFICATIONS AND
NO VARIANCES WILL BE ALLOWED WITH REGARD TO PRODUCTION AND STORAGE
RANGES. RANGES WERE ESTABLISHED AS NOTED ABOVE IN THIS PARAGRAPH AND
ALL BIDDERS ARE REQUESTED TO RECORD THE RANGES OF THE PRODUCTS BID
ON THE PRICE SHEETS ACCORDINGLY.

STANDARD PRODUCT: THE ICE MAKING MACHINES SHALL BE THE MANUFACTURER'S
CURRENT COMMERCIAL MODELS EXCEPT FOR CHANGES NECESSARY TO COMPLY WITH
SPECIFICATION REQUIREMENTS.

CODES AND STANDARDS: THE ICE MAKING MACHINES SHALL BE UNDERWRITERS'
LABORATORY APPROVED AND SO LABELED, AND SHALL BE APPROVED BY THE
NATIONAL SANITATION FOUNDATION.

MATERIALS: MATERIALS NOT DEFINITELY SPECIFIED SHALL BE OF THE QUALITY
NORMALLY USED BY THE MANUFACTURER FOR HIS ICE MAKING MACHINES
PROVIDING THE COMPLETED ITEM COMPLIES WITH ALL PROVISIONS OF THIS
SPECIFICATION. UNLESS OTHERWISE SPECIFIED HEREIN, COMMERCIAL
TOLERANCES SHALL APPLY TO METAL THICKNESS'S AND DIAMETERS.

LEGS: SUITABLE LEGS ARE TO BE FURNISHED WITH FLOOR MODEL MACHINES.

ELECTRICAL: MACHINES AVAILABLE WITH STANDARD VOLTAGES OF 110-120, 208-
230, 1 OR 3 PHASE WILL BE PRICED THE SAME REGARDLESS OF VOLTAGE/PHASE.

WORKMANSHIP: FINISHED ICE MACHINES SHALL BE CLEAN AND FREE FROM ANY
DEFECTS OR FEATURES AFFECTING APPEARANCE, SERVICEABILITY OR SAFETY OF
THE USER IN NORMAL INTENDED USE.

WARRANTY: THE MINIMUM ACCEPTABLE MANUFACTURERS WARRANTY MUST WARRANT
EACH ICE MACHINE TO BE FREE FROM DEFECTIVE MATERIAL AND WORKMANSHIP
FOR A PERIOD OF ONE (1) YEAR FROM DATE OF INSTALLATION.

II. COUNTER MODEL REQUIREMENTS

GENERAL REQUIREMENTS: SAME AS OUTLINED IN PARAGRAPH I ABOVE EXCEPT
AS MODIFIED BY THE FOLLOWING PARAGRAPHS.

EXCEPTIONS: COUNTER TOP MODELS SHALL DISPENSE WATER AND ICE (FLAKES,
CUBES OR NUGGETS).

THE FOLLOWING INFORMATION NEEDS TO BE COMPLETED FOR EACH LINE THAT IS
BID AND THAT IS NOT ENERGYSTAR RATED.

1. ELECTRICITY CONSUMPTION (KWH/100 LBS OF ICE) ___________________
2. POTABLE WATER CONSUMPTION (GAL/100 LBS OF ICE) ___________________
3. NORMAL EQUIPMENT LIFE IN YEARS ___________________
4. AVERAGE MAINTENANCE COST ($/UNIT LIFE) ___________________