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Conditions of Purchase
ACCEPTANCE: Advise that delivery as stated on face of order will be accomplished or state definitely best possible delivery which, unless otherwise notified, will be accepted by buyer.
TRANSPORTATION: All charges must be prepaid and material must be delivered to department specified.
Merchandise must be accompanied by delivery slip or shipping list showing items shipped or delivered and the purchase order number.
Include prepaid charges on invoice for merchandise when sold F.O.B. point of origin, and shipped prepaid, as instructed on our order, and attach to the respective invoices the original freight bill.
Furnish signed Bill of Lading or Express Receipt showing rate for material purchased shipping point basis.
ORDERS: We will not in any manner be responsible for goods delivered or work done for our account without a written order.
No allowance for boxing or crating.
If you cannot fill order as directed, return for advice. Quantities in excess of this order will be returned or held subject of shipper's order, expense and risk.
INSPECTION: By accepting this order you hereby warrant that the merchandise to be furnished hereunder will be in full conformity with the specification, drawing or sample and agree that this warranty shall survive acceptance of the merchandise and that you will bear the cost of inspecting merchandise rejected.
PATENTS: By accepting this order you hereby guarantee and agree that the merchandise to be furnished hereunder will not infringe any valid patent or trademark, and that you will, at your own expense, defend any and all actions or suits charging such infringement and will save us, and those for whom we may act as agents in the purchase of said merchandise, harmless in case of any such infringement.
PRICES: Unless specified above, DO NOT FILL this order at price higher than last charged or quoted without first advising us and receiving our consent to do so.
TERMS: Unless otherwise agreed, our regular terms are net.
DELIVERY: The right is reserved to cancel this order if not filled within time specified herein.
REJECT: All rejected goods will be held at seller's risk and expense, subject to seller's prompt advice as to disposition. Unless otherwise arranged, all rejected goods will be returned and charged back including all transportation and handling costs.
LOUISIANA CONTRACT: It is agreed by the parties hereto that this order, and the acceptance thereof shall be deemed a contract made in Louisiana and governed by the laws of the State of Louisiana. R.S.9:2778
INVOICES: It is imperative that INVOICES BE MAILED SAME DAY SHIPMENTS ARE MADE EITHER PARTIAL OR COMPLETE DELIVERY (Except in cases of daily services representing small amounts). No other bills or monthly statements are required. THE PURCHASE ORDER NUMBER must appear on all invoices, delivery memoranda, bills of lading, packages and correspondence.
Federally Funded Contracts
All contracts reimbursed through federal funding include the following:
Contracts over $10,000 - The State may terminate the Contract for cause or convenience
at any time by giving thirty (30) days written notice to the Contractor. The Contractor
shall be entitled to payment for deliverables in progress, to extent work has been
performed satisfactorily.
Suspension and Debarment - (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and
2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the
contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined
at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt.
180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to
comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by (insert
name of recipient/subrecipient/
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) - Contractors who apply or bid for an award of $100,000
or more shall file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, officer or employee of Congress, or an employee
of a Member of Congress in connection with obtaining any Federal contract, grant,
or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the recipient
who in turn will forward the certification(s) to the awarding agency.
Equal Employment Opportunity - During the performance of this contract, the contractor agrees as follows: (1) The
contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The contractor will take affirmative action toensure that applicants are employed,
and that employees are treated during employment without regard to their race, color,
religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and applicants
for U. S. Department of Homeland Security Headquarters 500 C St SW Washington, D.C.
20042 Page 8 of 25 www.fema.gov/procurement-
Compliance with the Contract Work Hours and Safety Standards Act - (1) Overtime requirements. No contractor or subcontractor contracting for any part
of the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such
workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in paragraph (b)(1) of this section the contractor
and any subcontractor responsible there for shall be liable for the unpaid wages.
In addition, such contractor and subcontractor shall be liable to the United States
(in the case of work done under contract for the District of Columbia or a territory,
to such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (b)(1) of this
section, in the sum of $27 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of forty hours without payment
of the overtime wages required by the clause set forth in paragraph (b)(1) of this
section. (3) Withholding for unpaid wages and liquidated damages. The State shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account
of work performed by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held
by the same prime contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (b)(2) of this section. (4)
Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (b)(1) through (4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of
this section.
Clean Air Act - 1. The contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The
contractor agrees to report each violation to the State and understands and agrees
that the State will, in turn, report each violation as required to assure notification
to the Federal Emergency Management Agency, and the appropriate Environmental Protection
Agency Regional Office. 3. The contractor agrees to include these requirements in
each subcontract exceeding $150,000 financed in whole or in part with Federal assistance
provided by FEMA.
Federal Water Pollution Control Act - 1. The contractor agrees to comply with all applicable standards, orders, or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq. 2. The contractor agrees to report each violation to the State and understands
and agrees that the State will, in turn, report each violation as required to assure
notification to the Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office. 3. The contractor agrees to include these requirements
in each subcontract exceeding $150,000 financed in whole or inpart with Federal assistance
provided by FEMA.
Procurement of Recovered Materials - i. In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the product
cannot be acquired— 1. Competitively within a timeframe providing for compliance with
the contract performance schedule; 2. Meeting contract performance requirements; or
3. At a reasonable price. ii. Information about this requirement, along with the list
of EPA designated items, is available at EPA’s Comprehensive Procurement Guidelines
web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements
of Section 6002 of the Solid Waste Disposal Act.
Davis-Bacon and Related Acts - The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Davis-Bacon and Related Acts. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. Copeland 'Anti-Kickback' Act - Contractor agrees to comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). Pursuant to the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. |