
Special Conditions
Billing Instructions:
Separate itemized invoice in duplicate for this purchase or for each shipment thereon shall be rendered immediately following shipment.
Such invoice must be marked “Original”.
Unless otherwise specified, all prices are delivered with transportation charges prepaid. If vendor bids F.O.B. destination and freight charges are placed against Duval County Public Schools (DCPS) either by collect shipment or prepaid charges added to invoices, such amount will be deducted from invoice and vendor notified of such action so he or she may adjust our account on their records.
Equipment, materials, supplies and/or services delivered on this order shall be subject to inspection and test upon receipt and, if rejected, shall remain the property of the vendor.
Properly receipted original bills of lading must accompany invoices for shipment made by freight or express.
The number of this purchase order must be shown by vendor on all related invoices, delivery papers, bills of lading, packages or correspondence.
Notice: Requirements When Using Federal Funding
This purchase order constitutes a contract. Upon acceptance of a purchase order, the vendor certifies that their firm meets and agrees to the following provisions, which shall become a part of the contract.
Parties receiving payment via purchase order issued by the dcps for goods and/or services shall be subject to all remedies allowed by law for any defaults, breaches, violations or other failures to perform as agreed whether or not an express written agreement exists for the provision of such goods and/or services.
Fiscal Non-appropriations Clause: In the event sufficient budgeted funds are not available for a new fiscal period, the Purchasing Department shall notify the vendor of such an occurrence and this contract shall terminate on the last day of the current fiscal period without penalty or expense to the DCPS.
Access To Records: (34 CFR 80.36 (I)(10)): All vendors, contractors and subcontractors shall give access to the DCPS, the appropriate Federal agency, the Comptroller General of the United States, or any of their duly authorized representative to any books, documents, papers, and records which are directly pertinent to this specific contract for the purpose of making audit, examination, excerpts and transcriptions.
Records Retention: As required by Federal law (34 CFR 80.36 (I)(II)) and Florida law (F.S. 257.36) all vendors, contractors and subcontractors must retain all records pertaining to this contract for five (5) years after the DCPS makes final payments and all other pending matters are closed.
Clear Air Act (34 CFR 80.36 (I)(12)): All vendors, contractors and subcontractors must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 11857 (h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (Applies to contract, subcontracts and sub-grants of amounts in excess of $100,000).
Energy Efficiency (34 CFR 80.36 (I)(13)): All vendors, contractors and subcontractors must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (pub. L 94-163, 89 Stat.871).
Suspension And Debarment: In accordance with the United States Office of Management and Budget (OMB) Circular A-133 regarding procurements contracts equal to or exceeding $25,000 vendors, contractors and subcontractors certify they are not listed on the Excluded Parties Listing System (EPLS) issued by the General Services Administration (GSA).
Equal Employment Opportunity (34 CFR 80.36 (I)(3)): All vendors, contractors, and subcontractors must comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (Applied to all construction contracts awarded in excess of $10,000 by the district and their contractors or sub-grantees).
Copeland “Anti-Kickback” Act (34 CFR 80.36 (I)(4)): All vendors, contractors and subcontractors must comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFT Part 3). (Applies to all contracts/sub-grants for construction or repair).
Davis-Bacon Act (34 CFR 80.36 (I)(5)): All vendors, contractors and subcontractors must comply with the Davis-Bacon Act (40 U.S.C. 276a - 276a-7) as supplemented by the Department of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2000 awarded by grantees and sub-grantees when required by Federal grant program legislation). (Applies to construction contracts in excess of $2000 awarded by the district and sub-grantees when required by Federal grant program legislation).
Contract Work Hours & Safety Standards Act (34 CFR 80.36 (I)(6)): All vendors, contractors and subcontractors must comply with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Applies to all construction contracts awarded by the district and sub-grantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers).
Cancellation/Termination (34 CFR 80.36 (I)): For all purchases involving Federal funds in excess of $10,000, the DCPS reserves the right to terminate this contract for cause, as well as for convenience, by issuing a certified notice to the vendor. If terminated, the DCPS shall be responsible only for goods and services already delivered to it on the date of such termination and shall not be responsible for any consequential damage, future damages or damages caused by lost profits, inconvenience or overhead expense to the vendor.