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Home My WebLink About138-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 138-17 File Number: 2017-0334 FAYETTEVILLE POLICE DEPARTMENT AMMUNITION: A RESOLUTION TO APPROVE THE PURCHASE OF AMMUNITION AS NEEDED BY THE FAYETTEVILLE POLICE DEPARTMENT FROM VARIOUS MANUFACTURERS, PURSUANT TO THE STATE OF ARKANSAS AMMUNITION CONTRACT, THROUGH JANUARY 22, 2018 AND AS RENEWED BY THE STATE FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of ammunition as needed by the Fayetteville Police Department from various manufacturers, pursuant to the State of Arkansas ammunition contract, through January 22, 2018 and as renewed by the State for up to four additional one year terms. PASSED and APPROVED on 7/18/2017 Page 1 Attest: Sondra E. Smith, City Clerk Treasurer Printed on 7/19/17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0334 Agenda Date: 7/18/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 2 FAYETTEVILLE POLICE DEPARTMENT AMMUNITION: A RESOLUTION TO APPROVE THE PURCHASE OF AMMUNITION AS NEEDED BY THE FAYETTEVILLE POLICE DEPARTMENT FROM VARIOUS MANUFACTURERS, PURSUANT TO THE STATE OF ARKANSAS AMMUNITION CONTRACT, THROUGH JANUARY 22, 2018 AND AS RENEWED BY THE STATE FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of ammunition as needed by the Fayetteville Police Department. from various manufacturers, pursuant to the State of Arkansas ammunition contract, through January 22, 2018 and as renewed by the State for up to four additional one year terms. City of Fayetteville, Arkansas Page 1 Printed on 711912017 City of Fayetteville Staff Review Form 2017-0334 Legistar File ID 7/18/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Greg Tabor 6/19/2017 Police /Police Department Submitted By Submitted Date Division / Department Action Recommendation: Authorization to utilize state contract SP -15-0032 through January 22, 2018 and as renewed under existing agreements by the State of Arkansas, for ammunition purchases from multiple manufacturers on an as needed basis for use by the Fayetteville Police Department. This is a term contract currently in the second of six possible renewals. The contract may be renewed on a year-to-year basis, for up to four (4) additional one (1) year terms or a portion thereof. In no event shall the total contract term be more than seven (7) years. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Fund Project Title $ V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 06, 2017 TO: Mayor and City Council FROM: Greg Tabor, Chief of Police DATE: June 16, 2017 CITY COUNCIL MEMO SUBJECT: Approval of utilization of state contract SP -15-0032 RECOMMENDATION: Authorization to utilize state contract SP -15-0.032 through January 22, 2018 and as renewed under existing agreements by the State of Arkansas, for ammunition purchases from multiple manufacturers on an as needed basis for use by the Fayetteville Police Department. This is a term contract currently in the second of six possible renewals. The contract may be renewed on a year-to-year basis, for up to four (4) additional one (1) year terms or a portion thereof. In no event shall the total contract term be more than seven (7) years. BACKGROUND: The ammunition contracts were bid through the Department of Finance and Administration, Office of State Procurement and may be utilized by all state agencies and cooperative participants including cities, counties, schools (K-12), colleges and universities to carry out those inherent duties related to their jobs. Contract SP -15-0032 was awarded to multiple ammunition manufacturers. All purchases and invoices resulting from these contracts will be made through the authorized dealer. Prices quoted are per thousand round. Prices quoted do not include any federal excise taxes. DISCUSSION: The Fayetteville Police Department primarily purchases from the Gulf States Distributors, Inc. for ammunition purchases; therefore, details of that portion of the contract have been provided. Similar state contracts have been approved for use by City Council including the WEX Fuel Card, copier purchases, tires, information technology items, and furniture. BUDGET/STAFF IMPACT: All purchases associated with this state contract will be subject to budgeted funds within the approved 2017 operating budget. There is no staff impact related to this item. Attachments: State Contract SP -15-0032 Pricing for all manufacturers State Contract SPA 5-0032 Contract Terms for Gulf States Distributors, Inc. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Vend or Ha. 100145318 contact Tommy Trammell. Your.rererence �SR4:W032 STATE OF ARKANSAS Page: 11 Term Contract GUIF:STATES DISTRIBUTORS INC PO Box 241387 MONTGOMERY AL 36117 Snnrl Irtvnlp; as specified on po Rhi„ nTn, GULF STATES DISTRIBUTORS INC 6000 E SHIRLEY LN MONTGOMERY AL 36117 Contract No. 46000338$9 Date 0 1 12112 01 5 Contact Timoihy Men Telephone 5017324-.9320 Fax 501=324-9311 Our ref. ST Incoterms FOB DESTINATION Valid Irom: 0112312015 Valid IQ: 01/2212018 . Rt fence Tracking SP -15.0032 Comm;-ity; u1 late-l]ERAL Arnmunitiort This is:a terra contract issued by the office of State Procurement. This is not authority to ship. A separate purchase order will be issued; This c.,ontract conslitutes acceptance of your bid along with all terms and conditions Therein°and slgnifles the. offerees knowledge and acceptance of all terms and conditions set forth within 4he InvitatiomfuBid; Type .of. Contract: Term C.ontract:Pedod: January 23, 2017 through:January 22,2.018- The coritract.wilt be. alone (1) year term contract from the date of award. Upon mutual agre.ernent by the contractor and OSP the <contract may be renewed on a.year-to-year basis, for uplo:four (4) additional one (1) year terms or_a portfon thereof. In:no.:event shall the total contract term be more than seven (7) years. Tommy Trammell Manager Gulf States Distributors Inc. 6000 East Shirley Lane Montgomery At, 36117 800-223-7869 334-279-9267 Fax Contact Information: Tim .O'Brien, Statewide z Procurement Specialist (P) .5411-324=9320(F) 501-324-9311 Timothy,0'Brien@dfa.arkansas.gov GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules aril regulations defined hythe Stale Of Arkansas apply to this document. Purchasing OtllclaWiscatOfttcer 01/22/2015 Page: STATE OF: ARKANSAS 2/5 Term Contract a Vendor No. 100145319 Pon tract No. 4600033839 contact Tommy Trammell Date 0:1/21/2015 Your reference, SP -15-0032 Ourreference $T Item Material/Description Target OtyUM unit Price Amount 0001 10100063 -3,000:00 Lump Sum 1:00 $ 3,000:U0 AMMUNITION,.38SPEC IAL,130G RAIN,TG50/BOX 6002 1.0100068 3;925:00 LUMP. Sum 1.00 $ 3;925.00 AMMUNITION,.9MM LUGER,124GFiN,+:P.HP;251BX - 0003 90100074 500.00 Lump Sum 11,00 $ 500,00 AMMUNITION..AOS&W,165G RAIN,HP,25/BOX: 0004 10126762 21500.00 Lump Sum 1.00 $ 2,500.00 AMMUNITION, 40 S&W ,180GR ,HP 0005 10100076 21625-00- Lump Sum 1:00 $ 2;625.00 AMMUJV ITION;;45AUTO,230GRAIN,TCi50/BOX 0006 10100077 2,950.00 Lump:Sum 1.00 $ 2;950.00 AMMUNITION,.45AUT0;230GRAIN-, HP,501BOX 0007 10124523 2,500:00 Lump Sum 1.00 $ 2;500._00 AMMUNITION,.223/5.56 ,55 GR BALLISTIC 0008 10124524 500,010 Lump Sum 1.00 $ 500,00 AMMUNITION„22315.56 ;62 GR TCMC 0009 10100081 3,000.00 Lump:Sum 1.00_ $ 3,000.00 AM M UN ITI ON,;223/5.56,62G RAIN, HP;20/130X 001,0 10100084 3,275.00 Lump SUM 1.00 $ 3;275;00 AMM UNITIQN,.308,168GRAI N,HP,20/BOX 0011 10100085 3,600.00 Lump Sum 1.00 $ 3;600:00 AMMUNITION,SKEET,#9,12GAUGE,HL,PH,25/BOX 0012 10100088 1;250.00 Lump Sum 1.00 $ 1,250.00 AMM UNITION,BUCKSHOT,12G,9P,00B:UGK,2-3/4” 0013 10100089 2,500 00 Lump Surd 1.00 $ 2,500.00 AMM UNITIQN,BUCKSHOT,12G,RR9P,2-3/4" GENERAL CONDMONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the State of Arkansas apply to this document. ,rti„ �crir vendor No. 100145319 Contact TommyTramMell Your relerenre SPA 5-0032 STATE. OF ARKANSAS` Term Contract Contract No. 4600033839 Data 01/21/2015 Our reverence ST page. 315 Item Material/Description Target gty.UM Unit Brice Amount 0014 10100090. 1,500.00 Lump_Sum 1,00 $1,500,00 AMMUNITIQN,BUGKS H. OT,1-2.G;RR8P,2-314° 0015 1010.0.092 1;00,00 Lump Sum 1.00 $ 1,500.00 AMMUNITCON,SLUGS,120,`lOZ FOSTER.25/BDX 00'f6 10160ou 3;000;00 Lump Sum 1.00 $ 3;000.00 ANMLJNITION, 9MM.LUGEFI 1.24CRAIN HP,2'.$/B?(. 0,317 101.00071 3,000.00 Lump Sum 1.00 $ 3,000.00 AMM UNITION.IW SEM[AUTO;t8OGFI;TC,501BOX 0018 10100080 3,000.00 Lump Sum 1.00 $ 3;000.00 AMM UNITION,:223/5:56,5.5G RAIN; FM,50/BOX 0019 10.126766 3.000.00 Lump Sum - 1.00 $ 3;00.0.;00 AMMUNITION, 223/5.56 62 GR;FULL METAL 0020 10126767 3,000 each 1.00 $ 3,000.00 AMMUNITION, 223/5:56 62 GR;SOFT POINT 0022 10100091 3,000,00 Lump Sum 1:00 $ 3 000.00 AMMUNITION,SLUGS;12G,10Z HP;2-3/4",5/BOX 0023 10100083 300.00 Lamp Sum 1.00 $300.00 AMMUNITION,.308,150GRAIN,SP,20/BOX Estimated Net Value 53,425.00 Office of State Procurement Paul Coulter paul:coulter@dfa.arkansas.gov (P) 501-683-0064 (F) 501-324-9311 TERM AWARD TERMS AND CONDITIONS 1. GENERAL: All terms and conditions stated in the invitation for bid govern this contract. GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and:regulations defined by the Slate of Arkansas apply to this document; ,tis sr,j 4 STATE OF ARKANSAS rise "{� r Term Contract Vendor No. 100145319 contract No. 4$00033839 Contact Tomm' y Trammell Date 01/21/2015 Your reference `:SP -15=0032 our reference 5T 2. PRICES: Prices are firm and:.not.subject to escalation, unless otherwise specified in the invitation forbid. 3. DISCOUNTS, All cash discounts offered will betaken ff earned; 4. TAXESt Most state agencies must:pay state sates tax. Before billing, the contractor should contact the ordering agency to find out it that -agency must pay:sates lax. itemize state sales tax when applicable on invoices - 5. BRAND:NAME REFERENCES! The contractouguarantees that`the commodity Aelivered is the same as specified irrilre bid. 6.. GUARANTY, All items delivered areae be newly manufactured, in first- class condition, latest model and design, including,:where applicable, containers suitable for shipment'and storage unless otherwise'indicated in the bid invitation. The contractor guarantees that everything furnished hereunder will be free from defects in design, workmanship, and material; that if sold by drawing, sample or specification, it will conform thereto and will serve the function for which, furnished. The contractor further guarantees that if the items furnished hereunder are to be installed by the contractor, such items will function properly when installed: The contractor also guarantees that all applicable laws have been complied with relating to construction, packaging, labeling, and registration. The contractor's: obligations under this paragraph shall survive fora period of .one year'from the date of delivery, unless otherwise specified in the invitation for bid. 7. AWARD: This-cootract award does not authorize shipment: Shipment against this contract is authorized by the receipt of a purchase order from the:: ordering agency, A written purchase order mailed or otherwise furnished to the contractor results in a binding obligation without further action by either party. 8. DELIVERY: The term of the contract is shown on the face of the contract award. The contractor is required to supply the state's needs during this term. The number of days required to place the cornmodity in the receiving agency's designated location under normal conditions is also shown. Consistent failure to meet delivery without a valid reason may cause removal from the bidders' list or suspension of eligibility for award. 9. RACK ORDERS OR DELAY IN DELIVERY: Back orders or failure to deliver within the time required may be default of the contract. The contractor mustyive written notice to the Office.of State Procurement and ordering agency of the reason and the expected delivery date. If the reason is not acceptable, the contractor is in default. The Office of Stale Procurement has the right to extend delivery if reasons appear valid. It the date is not acceptable, the.agency may buyelsewhere_ 10. DELIVERY REQUIREMENTS: No substitutions or cancellations are permitted without written approval of 1he Office of State Procurement. Delivery shall be made during agency work hours only, 8:00 a.m.: to 4.30 p.m., unless prior approval for other delivery has been obtained from the agency. Backing memoranda shall be enclosed with each shipment. 11. STORAGE,". The ordering agency is responsible for storage if the contractor delivers within the time required and the agency cannot accept delivery. 12. DEFAULT: All commodities furnished will be subject to inspection and acceptance of the ordering agency after delivery. Default in promised delivery or failure to meet specifications authorizes the Office of State Procurement to GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the state of Arkansas apply to this document, � nss'. {gk STATE OF ARKANSAS 5/ge ,* Term Contract Vendor No. 100145319 Contract No. 46t700308W oontaat TommyT.rammell Date 01/2112015 Your referent* SP-T&G032 ourreferenea ST increase. if any, fn costand handling to the defaulting contractor. 13. VARIATION IN:QUANTFFY The state assumes no liability for commodities produced, processed or shipped in excess of the amount specified he7ein. 14, INVOICING: The contractor shalt submit an original and two copies of an itemized invoice :showing:the bid numbe.rand purchase request number when itemized in the invitation for bid, Invoices must be sent:ta ''Invoice to" point shown on the purchase order., 15. STATE PROPERTY: Any specifications, drawing, tecltnicat information, dies, cuts, negatives, positives, data or any --other commodity furnished to the contractor hereunder or in contemplatlon hereof or developed by the contractor for the.use hereunder shall remain property of the state, be kept confidential, be used only as expressly authorized, and be returned at the contractor's expense to the F-O.B. point, properly identifying'iwhat is being returned. 16. ASSIGNMENT_ This contract is not assignable nor the duties hereunder delegable by either party Without -the written .consent of the other party to the contract. 1T. QTHER REMEDIES; In addition to the remedies outlined herein, the contractor and the state have the right to pursue any other remedy permitted by law or in equity. 18, t.ACK OE FUNDS: The state may cancel this contract to the extent funds are no longer legally available for expenditures under this:contraCt. Any delivered but unpaid for goods will be returned in normal Condition to the contractor by the state. If the state is unable to return the commodities in normal condition andthere are no funds legal ly'available:to pay for the goods, the contractor may file a claim with the Arkansas.. Claims Commission. If,the contractor has:provided services and there are no longer funds legally available to pay forlhe services, the contractor may file a claim. 19. QUANTITIES: The state may order more or less than the estimated quantity in the invitation forbid. 20, DISCLOSURE: Failure to make any disclosure required by the Governor's Executive Order 98-04, or any violation of any rule, regulation, or policy adopted pursuant to that order, shall be a material breach of the terms of this contract. Any contractor, whether an individual or entity, who fails to make the required disclosure or who violates any rule, -regulation, or policy shall be subject to all legal remedies available to the agency.. GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the Slate of Arkansas apply to this document. Vendor No. 100145319 Contact Tommy Trammell Your relerence :SP -:15-0.032 STATE OF:ARKANSAS GULF STATES DISTRIBUTORS INC PCO Box 241387 P�tONTGOMEFtY AL 36117 SDM �M at spprifi2:d on PO Term Contract Strip Tn: GULF STATES DISTRIBUTORS -INC 6040E SHIRLEY LN MONTGOMERY AL 361 f7 Refer>�:c�...T[s�GkiCl SP -1 olrirnodlty: Gulf States SPEER Ammunition contract No. 4600033834 Date 01!20/2015 Contact Timothy O'Brien telephone 501-324.9320 Fax 501x324-9311 our ref. ST Incoterms FOB DESTINATION Valid teomi 0112342015 Valid to: 01/22/2018 Page 115 This °is a term contract issued by:the, office of State:Procurement. This is not authority to ship. Aseparate purchase order will be issued. This conlraet constitutes acceptance of your bid along with all terms and conditions therein and signifles the offerer's knowledge and acceptance of all ;terrns and condltioils set forth within the Invitation for Bid. Type of Contract: Term Contract Perlod: January 23, 20171hrough January 22;:2018 This. is the second of. six possible renewals. Upon mutual agreement by the contractor and OSP, the contract may be renewer) on a.year-to-yvar:basis., for up to four (4) additional one: (1) year terms or a portion thereof. in no event shall the total contract term be more than seven (7) years. Vendor Contract Contact Information: Tommy Trammell Manager Gulf'States Distributors Inc. 6000 East Shirley Lane Montgomery AI, 36117 800-223,7869 334279.9267 Fax OSP Contact Information: Tim O'Brien, Statewide Procurement Specialist (P)501 -324-9320(F)501-324-9311 GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the State of Arkansas apply to this document, Purchasing Official/Fiscal Officer 01122/2015 STATE DF ARKANSAS 5e' Term Contract Vendor No, 100145319 Contract No. 4600033834 contact Tommy Trammell' Date 01/20/2015 Your reference SP -15-0032 Our reference ST Timothy.O'Brien@dfa,arkansa ,gov Item Material/Descyiption Target QtyUM Unit Price Amount 0001 10100060 4,000.00 Lump Sum 1.00 $ 4,000J'00 AMMUNITION; 357MAGNUM,i25 GRAIN,HP,25/BX 0002 10100.062 1,600.00 Lump Sum 1.00 $1,600;00 PiI+11MUNITION,.357SI.G,125GRA1N,50/BOX 0003 101000611. 350;00 Lump Sure 1.00 $,350.00 AMMUNITION,. 57a1G;125 GRAIN,HP;BONDED 0004 10100064 4,100.00 Lump Sum 1.00 $ 4,100.00 AMMUNITION,.38SPrCIAL,125G.RAIN, HP,25BQX 0005 10100066 16,000.00 Lump Sum 1.00 $ 16,000.00 AMMUNITION,.9MM LUGER fl5GRAIN,TG,50./BX 0006 10124520 21,500.00 Lump Sum 1.00 $ 21,50.0.00 AMMUNITION9MM LiUGER,124GR,TCMC,50 BOX 0007 10100059 4,400.00 Lump Sum 1.00 $ 4,400;00 ANIMUNITIONr1:9MM LUGER,125GR,+P HP.BONDED 0008 10100070 1,500,00 Lump Sum 1.00 -$1,500;00 AMM UNIT ION,. 9M M: LUGER;147GR,HP,BONDED 0009 10100073 343,500.00 Lump Sum 1.00 $ 343,500,00 AMMUNITION,.40S&W;165G RA.tN;TG,50/BOX 0010 10124521 95,150.00 Lump Sum 1;00 $95,150:00 AMMUNITION 40 CALIBER) 65 GR B JHP,BONDED 0011 10126761 390,300.00 Lump Sum 1.00 $ 390.3.00.00 AMMUNITION; 40.S&W ,180GR ,FMJ 0012 10100075 167,000.00 Lump Sum 1.00 $ 157,000.00 AMMUNITI0N„40S&W,180GR,HP, BON DED,26IBOX 0013 10124522 119,050.00 Lump Sum 1,00 S 119,050.00 AMMUNITION,45 CALIBER,185 GR,TCMC GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the State of Arkansas apply to this document. k� ter, Page STATE -fl F AR KANSAS Term CbntraCt Vendor No. 100145319 :Contact Tammy Trammell Your reference SP -15-0032 contract No. 4600033834 Date 01120120/5 our reference ST Item Material/Description Target QtyUM Unit Price Amount 0014 10100079 2,850.00 Lump Sum 1.00 $ 2,850:00 AMM UNIT ION..45AUTQ,230GR, HP,BONDED,25/BX 0018 10126764 5,000,00 Lump Sum 1.00 $ 5400.00 AMMUNITION, 45 AUTQ,185GR ,HP, BONDED 0016 10.126760 21;500;00 Lamp Sure 1.00: $ 21;500.00 AMMUNITION, 9MM ,LUGER, 147GR ;FMJ Estirnated:Not Value 1,197,800.00 OSP Contact Information - Tim O'Brien, Statewide Procurement Specialist (P) 501-3249320(1=) 501.324-9311 Timothy. Q' Brien ® dfa.arkansas_gov TERM AWARD TERMS AND CONDITIONS 1. GENERAL: All terms and conditions stated in the invitation for bid govern this contract. 2. PRICES: Prices are firm and not subject Io escalation,: unless otherwise specified in the invitation for bid. 3, D15COUNTS: All .cash discounts offered will be taken if earned. 4. TAXES: Most state agencies must pay state sales tax. Befate billing, the contractor should contact the ordering agency to find out if that agency must pay sales tax: Itemize;state sales tax when applicable on invoices. 5-, BRAND NAME REFERENCES: The contractor guarantees -that the coI modity delivered is the same as specified in the bid. 6. GUARANTY. Ali items delivered are to be newly manufactured, in first- class condition, latest model and design, including, where applicable, containers suitable for shipment and storage unless otherwise indicated in the bid invitation. The contractor guarantees that everything turn ished hereunder will be free from defects in design, workmanship, and material; that if sold by drawing, sample or specification, it will conform thereto and will serve the function for which furnished. The contractor further guarantees that if the items fumished hereunder are to be installed by the contractor, such items will function properly when installed: The contractor also guarantees that all applicable laws have been complied with relating toconstruction, packaging, labeling, and registration, The contractor's obligations ender this paragraph shall survive for a period of one year from the date of delivery, unless otherwise specified in the invitation for bid. GENERAL. CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the Slate of Arkansas apply to this document. qqf• $TPag r4�i'•°> STATE OF ARKANSAS 1e t I Terre Contract Vendor No. 1001455319 Contract No. 4600033834 contact TommyTrammell Date 01/20/201.5 Your reference SP -15-0032 our reference ST 7. AWARL) This contract award does not authorize shipment. Shipment against this contract is authorized by -the receipt of a purchase order from the ordering agency. A written purchase cutler mailed or otherwise furnished to the contractor results in a binding obligation without further action by either party. 8. DELIVERY: The term of the contract is shown on the face of the contract award. The -contractor fs: required to supply the state's needs during this farm. The number of days required to place the commodity in the receiving agency`s designated localion under normal conditions is also shown. Consistent failure t4 meet delivery without a valid reason may:causo removal from the bidders` lisi or suspension of eligibility for award.. 5: BACK tDRDERS;'OR DELAYIN DELIVERY Baek'orders or failure to deliver within the:firne required.rnay::be default of the contract. The contractor must give written. notice to the Office of State Procurement arfd ordering agency of the reason and the expected delivery date. If.the reason is not acceptable, the contractor is In default. The Office of State Procurement has the right to extend delivery if reasons appear valid, if the date Is not acceptable. the agency may buy elsewhere. 1o. :DELIVERY REQUIREMENTS: No substitutions or cancellations are permitted without written approval of the Office of State Procurement. Delivery shall be made during agency work hours only, 8:00 a.m. to 4:90 p.m., unless prior.approval for other delivery has been obtained from the agency. Packing mernoranda shall be enclosed with each shipmexit. 11. STORAGE: The orderfng agency is responsible for storage if the contractor delivers within the time required and [lie agency cannot accept delivery. 12. DEFAULT: All commodities furnished will be subject to inspection and acceptance of the ordering agency after delivery_ Defauit in promised delivery or failure to meet specifications authorizes the Office of State Procurement to cancel this- contract or any portion:of same and reasonably purchase commodities elsewhere and charge full increase, if arty, in cost and handling to the'defaulting contractor. 13. VARIATION IN QUANTITY: The state assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein. 14. INVOICING: The coniractor shall submit an original and two copies of an itemized invoice showing the bid number and purchase request number when itemized in the invitation for bid. Invoices must be sent to "Invoice to" point shown on the purchase. order. 15. STATE PROPERTY: Any specifications, drawing, technical information, dies, cuts, negatives, positives, data or any other commodity furnished to the contractor hereunder or in contemplation hereof or developed by the contractor for the use hereunder shall remain property of the state, be kept confidential, be used only as expressly authorized, and be returned al the contractor's expense to the F.O.B. point, properly identifying what is being returned. 16. ASSIGNMENT: This contract is not assignable nor the duties hereunder delegable by either party without the written consent of the other. party to the contract. 17. OTHER REMEDIES: In addition to the remedies outlined herein, the contractor and the state have the right to pursue any other remedy permitted:by law or in equity, GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the State of Arkansas apply to this document. t t STATE OF ARKANSAS: Page of 515 Tell"1 n Contract Vender No. 10014531.9 Conttact No. 4600033834 Conwct Tommy Trammell Dale 01/20/2015 Yourreference SP -15=0032 ourrsference ST expenditures underthis contract. Any delivered but.unpaid.for goods will be returned in normel condition to the contractor by the slate. if the state is unable to return the commodities imnormal condition and there are no'funds Legally available to pay for the goads,lhe contractor may file a claim with the Arkansas Claims Commission. If the contractor has provided 'services and there,are W longer funds legally available to pay for the services, the contractor may file a claire. 19. QUANTITIES.: The state may order more or less thanthe esf mated quantity inthe invitation for bid. 20, :DISCLOSURE: Failure to make any disclostare required by the:Governol s Executive Order 98-04, or any violation oFany-rute, regulation, or policy adopted pursuant to that Birder,'shall be a material breach of the terms of this contract. Arty contractor, whether an Individual 0 entity, who fails to snake the required disclosure or who violates any. r0le,4egulafifon, br policy shall be,subject to all legal remedies available to the agency. GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the Stale of Arkansas apply to INS document,