|
<br />102 SECTION 6: ATTACHMENTS | 2014_0122
<br />
<br />d. In the event delivery of goods or services is not made within the number of days stipulated or under the schedule defined in the
<br />contract, the using agency shall be authorized to obtain the material or service from any available source, the difference in price, if any,
<br />to be paid by the contractor.
<br />5.13 APPLICABLE LAW AND JURISDICTION - This contract and any and all litigation arising therefrom or related thereto shall be
<br />governed by the applicable laws, regulations and rules of evidence of the State of New Jersey without reference to conflict of laws
<br />principles and shall be filed in the appropriate Division of the New Jersey Superior Court.
<br />5.14. CONTRACT AMENDMENT – Except as provided herein, the contract may only be amended by written agreement of the State
<br />and the contractor.
<br />5.15 MAINTENANCE OF RECORDS - The contractor shall maintain records for products and/or services delivered against the contract
<br />for a period of five (5) years from the date of final payment unless otherwise specified in the RFP. Such records shall be made available
<br />to the State, including the Comptroller, for audit and review.
<br />5.16 ASSIGNMENT OF ANTITRUST CLAIM(S) - The contractor recognizes that in actual economic practice, overcharges resulting
<br />from antitrust violations are in fact usually borne by the ultimate purchaser. Therefore, and as consideration for executing this contract,
<br />the contractor, acting herein by and through its duly authorized agent, hereby conveys, sells, assigns, and transfers to the State of New
<br />Jersey, for itself and on behalf of its political subdivisions and public agencies, all right, title and interest to all claims and causes of
<br />action it may now or hereafter acquire under the antitrust laws of the United States or the State of New Jersey, relating to the particular
<br />goods and services purchased or acquired by the State of New Jersey or any of its political subdivisions or public agencies pursuant to
<br />this contract.
<br />In connection with this assignment, the following are the express obligations of the contractor:
<br />a. It shall take no action that will in any way diminish the value of the rights conveyed or assigned hereunder.
<br />b. It shall advise the Attorney General of New Jersey:
<br />1. in advance of its intention to commence any action on its own behalf regarding any such claim or cause(s) of action;
<br />2. immediately upon becoming aware of the fact that an action has been commenced on its behalf by some other person(s) of the
<br />pendency of such action.
<br />c. It shall notify the defendants in any antitrust suit of the within assignment at the earliest practicable opportunity after the contractor
<br />has initiated an action on its own behalf or becomes aware that such an action has been filed on its behalf by another person. A copy of
<br />such notice shall be sent to the Attorney General of New Jersey.
<br />d. It is understood and agreed that in the event any payment under any such claim or cause of action is made to the contractor, it shall
<br />promptly pay over to the State of New Jersey the allotted share thereof, if any, assigned to the State hereunder.
<br />6. TERMS RELATING TO PRICE AND PAYMENT
<br />6.1 PRICE FLUCTUATION DURING CONTRACT - Unless otherwise agreed to in writing by the State, all prices quoted shall be firm
<br />through issuance of contract or purchase order and shall not be subject to increase during the period of the contract.
<br />In the event of a manufacturer's or contractor's price decrease during the contract period, the State shall receive the full benefit of such
<br />price reduction on any undelivered purchase order and on any subsequent order placed during the contract period. The Director must
<br />be notified, in writing, of any price reduction within five (5) days of the effective date.
<br />Failure to report price reductions may result in cancellation of contract for cause, pursuant to provision 5.7(b)1.
<br />6.2 TAX CHARGES - The State of New Jersey is exempt from State sales or use taxes and Federal excise taxes. Therefore, price
<br />quotations must not include such taxes. The State's Federal Excise Tax Exemption number is 22-75-0050K.
<br />6.3 PAYMENT TO VENDORS -
<br />a. The using agency(ies) is (are) authorized to order and the contractor is authorized to ship only those items covered by the contract
<br />resulting from the RFP. If a review of orders placed by the using agency(ies) reveals that goods and/or services other than that covered
<br />by the contract have been ordered and delivered, such delivery shall be a violation of the terms of the contract and may be considered
<br />by the Director as a basis to terminate the contract and/or not award the contractor a subsequent contract. The Director may take such
<br />steps as are necessary to have the items returned by the agency, regardless of the time between the date of delivery and discovery of
<br />the violation. In such event, the contractor shall reimburse the State the full purchase price.
<br />b. The contractor must submit invoices to the using agency with supporting documentation evidencing that work or goods for which
<br />payment is sought has been satisfactorily completed or delivered. For commodity contracts, the invoice, together with the original Bill of
<br />Lading, express receipt and other related papers must be sent to the State Contract Manager or using agency on the date of each
<br />delivery. For contracts featuring services, invoices must reference the tasks or subtasks detailed in the Scope of Work section of the
<br />RFP and must be in strict accordance with the firm, fixed prices submitted for each task or subtask on the RFP pricing sheets. When
<br />applicable, invoices should reference the appropriate RFP price sheet line number from the contractor’s bid proposal. All invoices must
<br />be approved by the State Contract Manager or using agency before payment will be authorized.
<br />c. In all time and materials contracts, the State Contract Manager or designee shall monitor and approve the hours of work and the
<br />work accomplished by contractor and shall document both the work and the approval. Payment shall not be made without such
<br />documentation. A form of timekeeping record that should be adapted as appropriate for the Scope of Work being performed can be
<br />found at www.nj.gov/treasury/purchase/forms/Vendor_Timesheet.xls.
<br />d The contractor shall provide, on a monthly and cumulative basis, a breakdown in accordance with the budget submitted, of all monies
<br />paid to any small business, minority or woman-owned subcontractor(s). This breakdown shall be sent to the Chief of Operations,
<br />Division of Revenue, P.O. Box 628, Trenton, NJ 08646.
<br />6.4 OPTIONAL PAYMENT METHOD: P-CARD - The State offers contractors the opportunity to be paid through the MasterCard
<br />procurement card (p-card). A contractor’s acceptance and a State agency’s use of the p-card are optional. P-card transactions do not
<br />require the submission of a contractor invoice; purchasing transactions using the p-card will usually result in payment to a contractor in
<br />three (3) days. A contractor should take note that there will be a transaction-processing fee for each p-card transaction. To participate,
<br />a contractor must be capable of accepting the MasterCard. Additional information can be obtained from banks or merchant service
<br />companies.
|