Part I the solicitation


CONTRACTOR AUTHORITY AND INFRINGEMENT



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4.4 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.
    1. 4.5 MATERIALS AND WORKMANSHIP


The Contractor shall be required to furnish all materials, supplies, equipment and/or services necessary to perform contractual requirements. Materials, supplies and workmanship used in the construction of equipment for this Contract shall conform to all applicable federal, state, and local codes, regulations and requirements for such equipment, specifications contained herein, and the normal uses for which intended. Materials, supplies and equipment shall be manufactured in accordance with the best commercial practices and standards for this type of materials, supplies, and equipment.
    1. MERCURY CONTENT AND PREFERENCE


Contractor shall not provide any vehicles with mercury switches and shall provide mercury-free products when available. Should mercury-free products not exist, contractors shall provide products with the lowest mercury content available. Contractor shall disclose products that contain added mercury and provide an explanation that includes the amount or concentration of mercury, and justification as to why added mercury is necessary for the function or performance of the product.
The Contractor is to provide any existing technical data pertaining to the addition of mercury or a mercury compound intentionally added to the product. If the product does not contain mercury or a mercury compound, Contractor shall submit a written statement to that effect. Contractor shall maintain compliance with these requirements throughout the life of this contract.

The Purchasing Activity reserves the right to require receipt of proof of compliance with said requirements within ten (10) calendar days from the date of request, and to terminate this Contract as a material breach for noncompliance with any requirement of this paragraph.


    1. Hybrid and new technology vehicles


Besides the purchase of clean fuel vehicles, the enacted engrossed substitute House Bill 2522 requires the state to seek opportunities to consolidate state and local purchases of high gas mileage vehicles. Governor’s Executive Order 05-01 and superseding 04-06 also requires that state agencies shall give priority to the purchase and use of Hybrid Gas/Electric and other fuel efficient/low emission and new petroleum efficient technology vehicles. As part of the implementation of the act and Executive Order we have deleted and added some vehicle classifications. We have added high MPG classifications: High MPG Hybrid Compact Sedan, Hybrid Midsize Hatchback, Hybrid SUV, High Roof/High MPG Cargo Vans and Zero-Emission, All-Electric Vehicle. These vehicle classifications have minimum MPG requirements.

5 DELIVERY REQUIREMENTS




5.1 PROMPT PAYMENT DISCOUNTS


The Contractor prompt payment discount (if offered) will be cited on the Contract, purchase orders, and all invoices issued by the dealer.

Period of calculation for entitlement to such discount will commence with date of receipt of correct invoice at “Mail Invoices To” address shown on each purchase order, or delivery of vehicle as specified complete with all papers, whichever is later. If invoice does not cite the existence of a prompt payment discount, Purchaser will be entitled to the discount within the period commencing on the date it is independently determined by Purchaser that a discount applied. Period will end upon postmark date of issuance of payment. Retail Sales Tax will be recalculated and paid on discounted total after subtraction of the prompt payment discount.



For multiple vehicle orders invoice shall clearly indicate that any fixed dollar amount prompt payment discount is to be applied to each vehicle.


5.2 Pre-delivery Servicing


Regardless of whether selling dealer physically receives vehicles at the dealership, delivery of all vehicles must be accompanied by a signed Certificate/Checklist of pre-delivery service indicating the vehicle has been properly prepared and serviced in accordance with manufacturer’s instructions by qualified dealer or terminal service personnel. Unless the customer is factory authorized and specifically requests to perform their own Pre-Delivery Inspection in which case the ordering of dealer installed options may not be possible. Failure to provide satisfactory pre-delivery service and/or completed checklist may result in delay of vehicle acceptance and payment. Purchaser shall immediately notify dealer of any discrepancies requiring correction. Dealer shall effect corrections within two working days or authorize purchaser to make necessary corrections and deduct reasonable charges for costs incurred.

Note: Dealer’s name or logo is not to be attached to the vehicle or license plate holders. If removed from window, manufacturer’s window sticker detailing equipment on vehicle is to be provided to purchaser with vehicle delivery.

5.3 DELIVERY REQUIREMENTS


Order Fulfillment Requirements

Authorized Purchasers may place orders against this Contract either electronically via Vehicle Rapid Order Online Messaging (VROOM) or facsimile. Once an order is issued, the following shall apply:



The customer and the dealer receive their state purchase orders via e-mail rather than fax. With the e-mail message a link is provided to an assigned website address for downloading and printing of each purchase order. Maintaining an accessible list of orders for customers and dealers helps assure that no orders or changes are overlooked or duplicated.


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