PROG ID: POCNBK3A DATE: 08/12/09 STATE OF ALABAMA DEPARTMENT OF FINANCE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD SKIM MILK CONTRACT T-NUMBER....... : T188 USAGE.......... : AGENCY TERM CONTRACT PERIOD......... : OCTOBER 1, 2007 TO SEPTEMBER 30, 2010 SOLICITATION NO : 2183830 CONTRACT BUYER...... : WENDY PENTON BUYER PHONE.. : (334) 353-7176 PURCHASING NUMBER......... : (334) 242-7250 FAX NUMBER... : (334) 242-4419 DATE PRINTED. : 08/12/09 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 2 FAMILIARIZE YOURSELF WITH THIS CONTRACT AND THE TERMS AND CONDITIONS REGARDING THE RESPONSIBILITIES OF THE STATE AND THE VENDORS. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IT IS THE RESPONSIBILITY OF THE ORDERING AGENCY TO MAKE SURE THAT * * ALL OF THE INFORMATION SUBMITTED ON THEIR REQUISITION IS CORRECT. * * ALWAYS BE SURE TO RECHECK YOUR COMMODITY NUMBERS. AS SOON AS YOUR * * PURCHASE ORDER ARRIVES, CHECK IT FOR ACCURACY. IF THERE ARE ANY * * DISCREPANCIES, PLEASE NOTIFY THE VENDOR FIRST, THEN CONTACT THE * * BUYER LISTED ON THE FRONT OF THIS CONTRACT AS SOON AS POSSIBLE. * * IN MOST INSTANCES, PROBLEMS CAN BE CORRECTED. * * * * COMPLAINTS MUST BE DOCUMENTED & SUBMITTED TO THE BUYER IN WRITING.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *****************T188 TRUCK BODIES 16/20 YARD TRI-AXLE ************** CONTRACT TO ESTABLISH AN AGREEMENT BETWEEN THE STATE OF ALABAMA AND THE VENDOR OR VENDORS NAMED ON THE STATE CONTRACT AWARD DOCUMENT, TO SUPPLY INSTALLED, THE LISTED TRUCK BODIES FOR THE STATE OF ALABAMA'S CONTRACTED VENDOR(S) OF TRUCK CHASSIS 62,000 GVWR & ABOVE , AT PRICES AND TERMS SHOWN HERE WITH, AND VENDOR SO AGREES BY SUBMISSION OF HIS BID. THE TERM OF THE CONTRACT SHALL BE FROM THIRTY (30) DAYS AFTER NOTICE OF AWARD TO ONE HUNDRED FIFTY (150) DAYS AFTER THE END OF THE TRUCK CHASSIS MANUFACTURERS CURRENT OR NEXT CURRENT PRODUCTION YEAR WHICH EVER COMES FIRST. THE TRUCK CHASSIS SUPPLIER WILL FURNISH THE TRUCK BODY SUPPLIER WITH A WRITTEN ORDER(S)---RETURN RECEIPT REQUESTED LETTER---FOR THE BODIES NO MORE THAN THIRTY (30) DAYS AFTER RECEIPT OF AN ORDER FROM THE STATE OF ALABAMA OR ITS POLITICAL SUBDIVISION. ATTACHED TO THE TRUCK CHASSIS SUPPLIERS ORDER SHALL BE A COPY OF THE STATES COMPLETE SPECIFICATIONS, INCLUDING ALL OPTIONAL ITEMS, FOR THE PARTICULAR TRUCK CHASSIS ON WHICH THE BODY IS TO BE INSTALLED. THE TRUCK VENDOR SHALL DELIVER OR HAVE DELIVERED, WITHIN 90 DAYS OF ORDER DATE, WITH ALL TRANSPORTATION CHARGES PAID, DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 3 THE EXACT TRUCK CALLED FOR IN THE SPECIFICATIONS AND OPTIONS LIST, WITH NO EXCEPTIONS. UPON RECEIPT OF A CHASSIS, THE BODY VENDOR SHALL INSPECT THE CHASSIS TO DETERMINE IF IT HAS BEEN PRE-DELIVERY SERVICED AND MEETS ALL VISIABLE SPECIFICATIONS SET FORTH IN THE STATE SPECIFI- CATIONS AND THAT THE CHASSIS HAS NO VISIABLE DAMAGE OR EXCEPTIONS TO SPECIFICATIONS, I.E. TIRES SIZES, SPARE RIMS AND/OR TIRES, RADIOS, SPECIAL LIGHTING, P.T.O. UNITS AND OTHER REMOVABLE ITEMS. INSPECTION FOR ENGINE SIZE, ALTERNATOR CAPACITY, TRANSMISSION TYPE, DIFFERENTIAL AND OTHER LIKE COMPONENTS WILL NOT BE REQUIRED BUT IS ADVISABLE. UPON RECEIPT OF THE CHASSIS THE BODY VENDOR MUST FAX A COPY OF THE BILL OF LADEN TO THE CHASSIS VENDOR WITHIN 12 NORMAL WORKING HOURS (FLOOR PLAN STARTS) TO INCLUDE ANY DOCUMENTATION REGARDING VARIATIONS TO SPECIFICATIONS OR ANY DAMAGE TO THE CHASSIS. IF THERE ARE ANY VARIATIONS TO SPECIFICATION OR ANY DAMAGE TO THE CHASSIS THE BODY VENDOR MUST ALSO IN WRITING (RETURN RECEIPT REQUESTED LETTER) ADDRESS THOSE DISCREPANCIES TO THE CHASSIS VENDOR AND TO THE SHIP TO AGENCY ON THE PURCHASE ORDER. AFTER RECEIPT OF A CHASSIS' THE BODY VENDOR SHALL BE SOLEY RESPONSIBLE FOR THE CARE AND PROTECTION OF THE UNIT OR UNITS FROM DAMAGES DUE TO FIRE, THEFT, ACCIDENT, MISUSE OR ANY OTHER CAUSE FURTHER, THE BODY VENDOR WILL BE SOLELY LIABLE FOR ALL DAMAGES OR CLAIMS DUE TO ANY ACCIDENTS IN WHICH THE CHASSIS IS INVOLVED WHILE IN HIS POSSESSION OR POSSESSION OF HIS EMPLOYEE. INSTALLATION OF THE SPECIFIED BODY AND DELIVERY OF THE FINISHED UNIT, F.O.B. DESTINATION TO THE SHIP TO ADDRESS SHOWN ON THE CHASSIS VENDOR'S PURCHASE ORDER IS TO BE COMPLETED BY THE BODY VENDOR IN NO MORE THAN THIRTY (30) DAYS AFTER RECEIPT OF THE SPECIFIED CHASSIS. INSTALLATION OF THE SPECIFIED BODY AND DELIVERY OF THE FINISHED UNIT, FOB DESTINATION TO THE SHIP TO ADDRESS SHOWN ON THE TRUCK CHASSIS VENDORS PURCHASE ORDER IS TO BE COMPLETED BY THE BODY VENDOR IN NO MORE THAN THIRTY (30) DAYS AFTER RECEIPT OF THE SPECIFIED TRUCK CHASSIS. FAILURE TO MAKE DELIVERY WITHIN THE MAXIMUM DELIVERY TIME WILL RESULT IN REDUCTION OF PAYMENT TO THE BODY VENDOR BY THE AMOUNT OF FLOOR PLAN COST ( NOT TO EXCEED COST OF THE BODY) TO THE CHASSIS DEALER FOR EACH DAY AFTER THE THIRTY DAYS OF RECEIPT OF THE CHASSIS UNTIL DELIVERY TO THE SHIP TO LOCATION, PROVIDED THE CHASSIS VENDOR DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 4 HAS MET ALL CONDITIONS NOTED ABOVE. IF THE BODY VENDOR FAILS TO PER- FORM ON THREE OCCASIONS ( 3 UNITS) HIS/HER CONTRACT WILL BE TERMINATED AND AWARD WILL BE MADE TO THE NEXT LOW BIDDER. SUCH TERMINATION WILL RESULT IN THE BODY VENDOR BEING REMOVED FROM STATE BIDDERS LIST FOR A PERIOD OF ONE YEAR. THE BODY VENDOR SHALL INVOICE THE TRUCK CHASSIS VENDOR AT PRICES SHOWN HEREWITH. TRUCK CHASSIS VENDOR WILL PAY THE BODY VENDOR NO MORE THAN THIRTY (30) DAYS AFTER RECEIPT OF PAYMENT FROM THE STATE OR POLITICAL SUBDIVISION. ALL PRICES SHOWN ARE TO BE FIRM FOR THE ENTIRE CONTRACT PERIOD. THE TERM F.O.B. DESTINATION SHALL MEAN "DELIVERED IN GOOD CONDITION ONTO THE RECEIVING AREA OF ANY STATE OR POLITICAL SUBDIVISION AGENCY WITH ALL CHARGES FOR TRANSPORTATION PREPAID BY THE VENDOR". THE DIVISION OF PURCHASING MAY INSPECT THE FACILITIES OF ANY BIDDER OR MAY REQUIRE ADDITIONAL INFORMATION REGARDING BIDDER'S ABILITY TO PERFORM. BIDS MAY BE REJECTED FOR LACK OF APPARENT ABILITY TO PERFORM. AWARD OF THIS BID WILL BE MADE TO THE LOWEST RESPONSIBLE BIDDER MEET- ING SPECIFICATIONS, TERMS AND CONDITIONS, FOR EACH LINE ITEM OR GROUPING OF LINE ITEMS WHERE THEY ARE GROUPED. THE STATE RESERVES THE RIGHT TO AWARD OR NOT TO AWARD ANY INDIVIDUAL LINE OR LINE GROUPING IN THIS BID. DISREGUARD "PAGE TOTAL" LINE SHOWN ON EACH PAGE AND "BID TOTAL" SHOWN ON THE LAST PAGE. THE VENDOR SHOULD BE AWARE THAT THIS BID AND THE RESULTANT AWARD DOCU- MENT ARE FOR THE ACQUISITION OF NEW VEHICLES AND THE PLACEMENT OF DESIRED OPTIONS AT THE TIME THAT THE ORDER IS PLACED. THE CONTRACT THAT WILL RESULT FROM THIS BID IS NOT FOR REPAIR PARTS REPLENISHMENT (EXCEPT FOR ITS PURCHASE OF A COMPLETE REPLACEMENT BODY), AND THE VENDOR SHOULD BE AWARE THAT THE SELLING INDIVIDUAL PARTS FROM THIS CONTRACT WITHOUT A VEHICLE MAY RESULT IN THE LOSS OF THE ENTIRE CONTRACT. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 5 NO ORDER MAY BE ASSIGNED, SUBLET, OR TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE STATE PURCHASING DIRECTOR, DEPARTMENT OF FINANCE, DIVISION OF PURCHASING. THE TOTAL QUANTITY OF PURCHASES FOR THIS CONTRACT IS NOT KNOWN. THE DEPARTMENT OF FINANCE, DIVISION OF PURCHASING DOES NOT GUARANTEE THAT THE STATE WILL BUY ANY SPECIFIED AMOUNT. EXACT NUMBERS WILL BE ORDERED AS THE VARIOUS DEPARTMENTS AND AGENCIES HAVE NEED. THE ORDERS WILL GIVE COMPLETE SHIPPING INSTRUCTIONS AND ADDRESS. INSURANCE: THE SUCCESFUL BIDDER WILL BE REQUIRED TO HAVE IN FORCE DURING THE CONTRACT PERIOD INSURANCE COVERAGE AS FOLLOWS; GARAGE KEEPERS LEGAL LIABILITY, OR THE EQUIVALENT IN THE AMOUNT OF THREE HUNDERED THOUSAND DOLLARS ($300,000.00). TO PROTECT THE CHASSIS OWNER FROM ANY LOSS WHILE THE CHASSIS IS ON THE PREMISES OF OR IN THE POSSESSION OF THE BODY VENDOR OR HIS EMPLOYEES OR AGENT. INSURANCE CERTIFICATE WILL BE REQUIRED PRIOR TO AWARD PERFORMANCE BOND: THE SUCCESSFUL BIDDER WILL BE REQUIRED TO OBTAIN A PERFORMANCE BOND IN THE AMOUNT OF $100,000.00 PRIOR TO AWARD OF THIS CONTRACT. BIDDER FACILITIES: BIDS WILL ONLY BE ACCEPTED FROM BIDDERS WITH AN ALABAMA LOCATED FACILITY FOR BODY INSTALLATION AND AN ALABAMA LOCATED PARTS AND SERVICE FACILITY. THE STATE MAY INSPECT SUCH FACILITIES TO INSURE COMPLIANCE WITH THIS PROVISION. SOLICITATION NUMBER : 2183830 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 6 DELIVERIES: NO DELIVERES ARE ACCEPTED ON WEEKENDS OR LEGAL HOLIDAYS. DELIVERY TIMES ARE 7:00 AM UNTIL 2:00 PM. DEFAULT: WHEN A VENDOR DEFAULTS ON A CONTRACT/PURCHASE ORDER, THE STATE CAN PROCURE THE GOODS OR SERVICES FROM OTHER SOURCES AND HOLD THE VENDOR RESPONSIBLE FOR ANY EXCESS IN PRICE/HANDLING. THE VENDOR MAY BE BARRED FROM BIDDING FOR AN INDETERMINATE PERIOD. DELIVERY: ITEMS ARE TO BE DELIVERED TO VARIOUS LOCATIONS THROUGHOUT THE 67 COUNTIES IN ALABAMA. THE EXACT LOCATIONS AND QUANTITIES WILL BE PROVIDED BY THE ORDERING AGENCY. DELIVERY: THE VENDOR MUST MAINTAIN AN INVENTORY SUFFICIENT TO MAKE SHIPMENT ON ALL ORDERS WITHIN THE TIMEFRAME STATED IN THE SOLICITATION. ******************************* NOTE NOTE NOTE NOTE NOTE NOTE VENDOR MUST BE ABLE TO MAKE DELIVERIES TO ALL LOCATIONS THREE TIMES PER WEEK. ******************************** DELIVERY/NON-DELIVERY/CANCELLATION (FOOD PRODUCTS - CORRECTIONS) DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 7 THE DELIVERY OF MILK IS CRITICAL TO THE DAILY MENU OF THE FACILITIES, THEREFORE THE VENDOR MUST MAKE EVERY EFFORT TO DELIVER QUANTITIES AS INDICATED ON THE SOLICITATION/PURCHASE ORDER. FAILURE TO DELIVER, PARTIAL DELIVERY OR CONSISTENT NON-DELIVERY WILL RESULT IN IMMEDIATE CANCELLATION OF PURCHASE ORDER. DELIVERY PROBLEMS/SOLUTIONS THAT ARE NOT JUSTIFIED TO THE SATISFACTION OF THE AGENCY AND THE DIVISION OF PURCHASING WILL RESULT IN THE VENDOR NOT RECEIVING FUTURE AWARDS ON SOLICITATIONS FOR AN INDETERMINATE PERIOD. IF THERE IS A POTENTIAL PROBLEM IN DELIVERING FOOD PRODUCTS, THE VENDOR MUST INDICATE THIS IN THEIR BID AND/OR UPON RECEIPT OF A PURCHASE ORDER. FAILURE TO IDENTIFY A POTENTIAL PROBLEM ON YOUR BID, OR UPON RECEIPT OF A PURCHASE ORDER COULD RESULT IN NON-AWARD OF THAT BID, OR CANCELLATION OF PURCHASE ORDER. FREIGHT: BID IS F.O.B. DESTINATION. ANY FREIGHT CHARGES MUST BE INCLUDED IN THE BID PRICES. CONTRACT PERIOD: ESTABLISH A 12 MONTH CONTRACT WITH AN OPTION TO EXTEND FOR A SECOND, THIRD, FOURTH, AND FIFTH 12 MONTH PERIOD WITH THE SAME PRICING, TERMS AND CONDITIONS. THE SECOND, THIRD, FOURTH, OR FIFTH 12 MONTH PERIOD, IF AGREED BY BOTH PARTIES, WOULD BEGIN THE DAY AFTER THE FIRST, SECOND, THIRD, OR FOURTH 12 MONTH PERIOD EXPIRES. ANY SUCCESSIVE EXTENSION MUST HAVE WRITTEN APPROVAL OF BOTH THE STATE AND VENDOR NO LATER THAN 30 DAYS PRIOR TO EXPIRATION OF THE PREVIOUS 12 MONTH PERIOD. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 8 PURPOSE: ESTABLISH A CONTRACT FROM THE ITEM LISTED FOR ALL STATE AGENCIES. CONTRACT PRICES ARE AVAILABLE TO ALL LOCAL GOVERNMENTAL AGENCIES AND SCHOOLS. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD CONTRACT VENDORS PAGE: 9 CONTRACT VENDOR NUMBER CONTACT PERSON TERMS AND NUMBER NAME AND ADDRESS PHONE NUMBERS/FAX DELIVERY 4009812 630305598-00 N D BROOKSHIRE III NET DAIRY FRESH CORPORATION 334-792-5114-0000 3 DAYS ARO 800-239-5114 5014 US HWY 84 E COWARTS AL 36321 334-677-2082 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD CONTRACT SUB-VENDORS PAGE: 10 CONTRACT VENDOR NUMBER CONTACT PERSON NUMBER NAME AND ADDRESS PHONE NUMBER 4009812 752967392-00 DONALD CREECH FLAV-O-RICH DAIRIES LLC 606-878-7301 800-735-4080 221 WEST HIGHWAY 80 LONDON KY 40741 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD COMMODITY LISTING PAGE: 11 CONTRACT COMMODITY NUMBER UNIT PRICE VENDOR # TERMS NUMBER/LINE # COMMODITY DESCRIPTION MEASURE NAME 4009812 00001 380-75-020108 .20980 630305598-00 NET EA DAIRY FRESH CORPORATION MILK, SKIM FORTIFIED/HOMOGENIZED, 1/2 PT CONTAINER, GRADE A, 2000 USP UNITS VITAMIN A, AND 400 USP UNITS VITAMIN D APPROXIMATE USAGE: 150,000 1/2PTS./WEEK THE VENDOR MUST BE ABLE TO DELIVER TO ALL LOCATIONS THREE TIME PER. BRAND: DAIRY FRESH/ MODEL: FLAVORICH DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IF YOU NEED ASSISTANCE CONCERNING THIS CONTRACT, PLEASE CONTACT THE BUYER LISTED ON THE COVER PAGE. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * THIS CONTRACT CONTAINS 12 PAGES.