1 / 61

Special Terms and Conditions A Recipe for a Good Contract Chris Nichols, CPPB, VCO Pete Stamps, CPPO, VCO

Special Terms and Conditions A Recipe for a Good Contract Chris Nichols, CPPB, VCO Pete Stamps, CPPO, VCO. What are Special Terms and Conditions?. As defined by the APSPM:

keaira
Télécharger la présentation

Special Terms and Conditions A Recipe for a Good Contract Chris Nichols, CPPB, VCO Pete Stamps, CPPO, VCO

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Special Terms and Conditions A Recipe for a Good Contract Chris Nichols, CPPB, VCO Pete Stamps, CPPO, VCO

  2. What are Special Terms and Conditions?

  3. As defined by the APSPM: • Special clauses pertaining to a specific procurement which may supplement or in some cases supersede one or more general terms and conditions.

  4. DPS currently has 60 special terms and conditions listed in Section II of the APSPM. • Used as necessary based upon the type of solicitation (IFB, RFP, Term Contract, etc).

  5. Unlike the General Terms and Conditions which are not to be changed, deleted or revised unless by your legal advisor, the specials are a recipe for creating your solicitation.

  6. Important Reminders • Do make changes for the type of solicitation you are doing (i.e. IFB, RFP) • Do read the “When Used” section • Do not include the “When Used” section in your solicitation.

  7. We are going to overview the special terms and conditions as they would relate to various types of contracts and commodities. Any changes as a result of recent PIM’s will be discussed as we review those specials.

  8. Printing

  9. 45 A. Overruns/Under runs: Required to be included in all printing solicitations.

  10. B. Acceptable Mill Brands Used when a specific paper is specified along with the phrase “or equal”.

  11. C. Ownership of Printing Materials Must be included in all printing solicitations.

  12. D. Printing Pick-up/Deliveries Used in all printing solicitations when the contractor will be required to pick up artwork, negatives, etc. for the job and deliver the finished product to the agency.

  13. E. Quality Color Printing Include in all printing solicitations involving four-color process of more than one picture.

  14. 46. Printing Definitions A. Class 1 - Critical Quality Printing B. Class 2 - Excellent Quality Printing C. Class 3 - Good Quality Printing D. Class 4 - Medium Quality Printing

  15. Award of Contract All solicitations must specify Method of Award.

  16. A. Award to the Lowest Responsive and Responsible Bidder. Evaluation will be based on net prices… Used in IFB’s for goods or services.

  17. B. Award on ________________ basis. Used for goods or nonprofessional services by filling in the blank, i.e. line item, total sum, lot, etc. Shall not be used in a RFP.

  18. C. Award: The right is reserved to make a separate award of each item, a group of items, ….. Used when multiple line items are involved, provided that multiple awards may result in a savings to the Commonwealth.

  19. D. 1.Award to Multiple Bidders: The Commonwealth will make awards on a _____ basis provided the next lowest bidders are within __%... Used for goods term contracts only when multiple awards will be made based on different brands. Shall not be used for RFP’s.

  20. D. 2. Award to Multiple Bidders: The Commonwealth reserves the right to make multiple awards… Used for goods or nonprofessional services when multiple awards may be made to meet the requirements of the purchasing agency. Shall not be used for construction or professional services.

  21. E. Award: Selection shall be made of two or more offerors….. Used for goods and nonprofessional services when competitive negotiation will be uses. Not for IFB or a professional services RFP.

  22. Award to Multiple Offerors: Selection shall be made of two or more offerors…. Used for goods or nonprofessional services when competitive negotiation will be used for multiple awards. Not to be used for IFB’s or professional services RFP.

  23. Award: The Commonwealth shall engage in individual discussions with two or more offerors….. Used for Professional Services only.

  24. Unsealed Best Value Award(s): Selection shall be made of….. Used for goods and nonprofessional services for Unsealed Best Value Acquisition and a single or multiple awards are desired. A single award shall not exceed $50,000 and the total of multiple awards shall not exceed $50,000.

  25. Best Value Award(s): Used for goods and nonprofessional services where competitive neg. will be used in a sealed Best Value Acquisition. This clause may be used for over $50,000 unless the requirement is set-aside exclusively for small business participation. If set-aside, delete the third sentence.

  26. J. Award to other than the lowest priced bidder(s): Used in IFB for goods or nonprofessional services where the award is expected to exceed $50,000 to allow for award to a reasonably price DMBE certified small business, other than the lowest priced responsive and responsible bidder. May be used for procurements over $50,000 unless the requirement is set-aside exclusively for small business participation.

  27. K. Award to other than the highest ranking offeror(s): Used for good and nonprofessional services when competitive negotiation will be used. Shall not be used in an IFB or professional services RFP. May be used over $50,000 unless the requirement is set-aside for small business.

  28. Furnish and Install

  29. 2. Asbestos For use in service contracts or furnish and install goods contracts when it is possible that the contractor may encounter asbestos during performance for the contract.

  30. As Built Drawings For furnish and install and construction and renovation projects; i.e. fire alarm system, heating and air conditioning systems, refrigeration rooms, building modifications, major equipment installations, etc.

  31. 18. Contractor’s Title to Material For use in solicitations for construction and for furnish and install equipment.

  32. 20. Delivery and Storage For furnish and install solicitations, if applicable.

  33. 23. Extra Charges Not Allowed For furnish and install solicitations. Also may be used for inside delivery by changing the wording.

  34. 24. Final Inspection For furnish and install solicitations.

  35. 28. Inspection of Job Site Should be used in furnish and install, services and non-capital outlay construction projects.

  36. 29. Installation For inside delivery of goods which require unpacking and assembly.

  37. 34. Maintenance Manuals For solicitations to purchase or furnish and install major equipment or systems.

  38. 42. Preventive Maintenance For equipment purchases only in conjunction with a warranty clause which requires preventive maintenance during the warranty period.

  39. 44. Prime Contractor Responsibilities For use in solicitations to furnish and install goods or provide services when subcontracting will be permitted.

  40. 47. Product Information For solicitations to furnish and install or deliver goods when detailed specifications are required to properly evaluate items offered.

  41. 53. Subcontracts For use in solicitations to furnish and install or specialty services when subcontracting will be permitted only upon prior approval of the purchasing agency. Use also when a contractor’s or a subcontractor’s license is required to perform the specialty service.

  42. 55. Warranty Include in solicitations to furnish and install or deliver goods when the procuring agency wants to specify the length of time the warranty is to run; i.e. equipment 1 year, compressor 5 years, piano 10 years, etc.

  43. 56. Warranty Include in solicitations for goods, furnish and install or services when commercial warranty provisions for a particular item or service are acceptable.

  44. 57. Work Site Damages Include in solicitations to furnish and install equipment. May also be used in solicitations for services such as moving, maintenance, removal of equipment, non-capital outlay construction projects, etc.

  45. Term Contracts (and other Specials of Interest)

  46. Audit Must be included in all term contracts for goods and services and all prime vendor contracts requiring a Small Business Subcontracting Plan for contracts over $100,000.

  47. 11. Bid Prices Used in annual goods contracts without a price escalation/de-escalation clause. A different version of this clause, specifically worded to fit the situation, should be used in solicitations for various types of services, and in solicitations for the lease or rental of equipment.

  48. 13. Cancellation of Contract Include in all term contracts for goods or services. This clause is not appropriate for use in spot purchases.

  49. 19. Delivery When delivery time is critical for either goods or services.

  50. 27. Indemnification For all contracts involving substantial risk of third party injury/claims. Authorization to use must be granted by the Dept. of Treasury, Div. of Risk Mgmt. or be directed by your Asst. AG.

More Related