These GENERAL CONDITIONS are applicable to all bids and contracts with the Kentucky Community & Technical College System (KCTCS), Department of Purchasing.
We encourage you/your firm to study these conditions and retain copies for reference, as they are an integral part of all contracts awarded by the KCTCS Purchasing Department.
The following GENERAL CONDITIONS are applicable to each Invitation to Bid issued by KCTCS and to each purchase made by any authorized method of acquisition. Each firm submitting a bid or selling to KCTCS shall be deemed to have assented to these conditions by the act of bidding and/or acceptance of a purchase request.
These GENERAL CONDITIONS will not be repeated in each Invitation to Bid although they shall be an integral part of each invitation and resulting contract. These General Conditions will be sent to any vendor upon request.
Additional conditions may be incorporated in specific Invitations to Bid, Request for Proposals, and contracts, and are generally termed "Special Conditions." Such special conditions will in no way operate to alter or nullify the general conditions and each bidder shall be responsible for compliance with both the general and special conditions. However, in cases of irreconcilable conflict, the special conditions will govern.
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I. BID SUBMISSION COMPLIANCE AND PROVISIONS:
II. CONTRACT CANCELLATION FOR CAUSE:
The seller agrees that KCTCS may, in addition to any other remedies to which it may be entitled under a contract or which may otherwise be available to it under law or equity, cancel any contract or other purchase for the following causes:
Contracts or purchases may be canceled pursuant to this Section II if the acts or omissions, which would otherwise provide grounds for cancellation, are proximately caused by war, acts of public enemies, flood or acts of God.
III. COMPLIANCE WITH STATE AND FEDERAL LAW:
The seller further agrees that in addition to any other remedies at law or equity, the Department of Purchasing may cancel any contract where there is sufficient evidence to show that:
IV. GOVERNING LAW
V. COMPENSABLE DAMAGES FOR BREACH:
The seller agrees that the following items shall be included as compensable damages for any breach of a contract with KCTCS.
VI. DELIVERY, TRANSPORTATION AND PACKAGING:
The seller covenants that, if awarded a contract, they will:
VII. CONTRACT PROVISIONS BY REFERENCE:
It is mutually agreed by and between KCTCS and the seller that KCTCS’s acceptance of the seller's offer by the issuance of an order shall create a contract between the parties thereto containing the following:
VIII. CONTRACT CHANGES
KCTCS may at any time by a written order make changes, within the general scope of the contract. If any change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under the contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the contractor for adjustment under this clause must be asserted within 30 days from the date or receipt by the contractor of the notification of changes; provided, however, that KCTCS decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property may be obsolete or excessive as a result of a change included in the contractor's claim for adjustment, KCTCS shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be disputed concerning a question of fact within the meaning of the clause of the contract entitled "Disputes". However, nothing in the clause shall excuse the contractor from proceeding with the contract as changed.
IX. CONTRACT DISPUTES
X. EQUAL EMPLOYMENT COMPLIANCE:
During the performance of each contract the vendor agrees:
XI. ADDITIONAL EQUAL EMPLOYMENT PROVISIONS UNDER CONTRACT UTILIZING FEDERAL FUNDS:
In case the work to be performed is paid for in whole or in part with funds obtained from the Federal Government pursuant to a grant, contract, loan, insurance or guarantee, or undertaken pursuant to any Federal programs involving such grant, contract, loan, insurance or guarantee, during the performance of this contract, the contractor agrees that the aforestated conditions (1, 2 & 3) will be followed and in addition, the contractor agrees to the following:
XII. DEFAULT TERMINATION:
XIII. AFFIRMATIVE ACTION COMPLIANCE
KRS 45.451 to 45.458 require that all bills shall be paid within 30 working days of either the receipt of correct invoice, or receipt of goods or services in satisfactory condition. A penalty payment of 1% per month shall be added to the amount due the vendor for each full or partial month that the payment exceeds 30 working days. As an incentive for earlier payment, bidders for state contracts are encouraged to offer discounts for payments made in less than the prescribed 30 days.