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University of Arkansas at Pine Bluff

1. EXPRESS WARRANTY.  The whole of the good(s) shall conform to the sample models, or whatever is prior approved for delivery on the face of the Purchaser Order.  Your signature on this document herein, warrants this.  There shall be no changes in what will be delivered it must be exactly as stated on this order, if acceptable prior to the issuing of the Purchase Orders.  All items bid shall be new or newly manufactured, in first class condition, of latest model and design to include where applicable containers suitable for shipment and storage.
2. PRICES:   FOB destination requested.  In case of errors in extension, unit price shall govern.  Prices are firm and thus, are not subject to escalation unless otherwise stated.  Unless otherwise specified, the prices must be firm for acceptance for thirty (30) days.  “Discount from list” bids are not accepted unless requested in the bid invitation.
3. GOVERNING LAW/CONTRACTING AUTHORITY:  All purchases, rentals, leases, lease purchases, and contract services regardless of the source of funds and any concomitant regulations or procedures associated therewith for the University of Arkansas Pine Bluff are subject to and are governed by Arkansas law and are for official business of the University.  The Procurement Department is the sole purchasing authority for the University.  Purchases not authorized by the Procurement Department are not legal obligations of the University.
4. PERFORMANCE STANDARDS:  Act 557 of 2015 enacted by the Arkansas General Assembly requires that contracts include performance standards.  By acceptance of this Purchase Order, the Contractor agrees to the performance of any technical/general services in a professional, comprehensive manner.  This may include, but not be limited to, ensuring milestone deadlines are met, and services are delivered in a professional, comprehensive manner, consistent with the contracted skill level.  Any special performance standards outlined in any associated contract or agreement to this Purchase Order may be in addition to the above performance standards.
5. ILLEGAL IMMIGRANT CERTIFICATION REQUIRED PRIOR TO AWARD 8/27/07 PROHIBITION AGAINST CONTRACTING WITH ILLEGAL IMMIGRANTS-Act 157 OF 2007. Regarding those contracts over $25,000.00 No state agency may enter into or renew a Public contract with a contractor who knows that the contractor or a subcontractor employs or contracts with an illegal immigrant to perform work under the contract.  On-line certification required by Contractor prior to award of contract.
6. DEFAULT:  At commodities furnished will be subject to inspection and acceptance by the University of Arkansas at Pine Bluff after delivery, or failure to meet specifications authorizes the University to cancel a contract or any portion of it and reasonable purchase commodities elsewhere and to charge full increase of cost if any, to the defaulting contractor.   The contractor must give written notice of delays to delivery to the UAPB Procurement Department.
7. ETHICAL STANDARDS LAW:  In accordance with Act 483 of 1979, section 7 (A), (B), (C), the following statement must be conspicuously set forth in all contracts and solicitations costing more than $5,000.00: It shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a state contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for a retention of bona fide employees or bona fide established commercial selling agencies maintained by the contractor for the purpose of securing business.
8. BEFORE THIS ORDER CAN BE CHANGED IN ANYWAY (price, quantity or actual exchange of items) prior approval must be received from the Procurement Department by calling (870) 575-8736.
9. DISCLOSURE: Governor’s Executive Order #98-04:  Every contractor or discretionary grant greater than $25,000 executed by an agency shall include any and all disclosures.  Failure to make any disclosure required by 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.
10. INSIDE DELIVERY:  VENDOR WILL BE FULLY RESPONSIBLE FOR ARRANGING INSIDE DELIVERY OF MERCHANDISE INTO THE UAPB WAREHOUSE OR OTHERWISE DESIGNATED LOCATION.
11. PINE BLUFF, ARKANSAS TAX RATE:  Tax is governed by the place the merchandise is coming to not from.  Our current tax rate is 6.5% State; 1.625% Jefferson County and 2.25% Pine Bluff (city) a total of 10.00%.  Freight is to be included in the tax if billed by the Seller.  Any tax greater or lesser than this amount will be adjusted at the invoice level.
12. PROHIBITION AGAINST BOYCOTTING ISRAEL: In accordance with Ark. Code Ann. § 25-1-503, Vendor hereby certifies to University that Vendor (a) is not currently engaged in a boycott of Israel (b) agrees for the duration of the contract not to engage in, a boycott of Israel. A breach of this certification will be considered a material breach of contract. In the event that Vendor breaches this certification, University may immediately terminate this contract without penalty or further obligation and exercise any rights and remedies available to it by law or in equity.