40450 – VEHICLES (Including Alternate Fuel Passenger Cars,
AWARD PAGE 68
Sport Utility Vehicles, Passenger and Cargo Vans & Pickups) (2010 Model Year & Newer) (Statewide)
DEFAULT ON DELIVERY: If during the contract period, the vehicles become unavailable or cannot be supplied for any reason (except as provided for in the Savings Clause of the General Specifications), a vehicle deemed by Office of General Services, Procurement Services Group to be equal, must be supplied by contractor. If a substitute is not available or acceptable, then a similar vehicle from the next model year must be supplied at the same price. In addition, the order may be canceled and the vehicle purchased from other sources, and the contractor will reimburse the agency for all excess costs over the contract price.
LIQUIDATED DAMAGES: In the event of a delay or default in any delivery, providing such delay or default is directly attributable to the contractor, the agency shall be entitled to and shall assess against the contractor as liquidated damages and not by way of penalty, a sum calculated as follows: Ten dollars per day per vehicle to compensate for delay, and other loses, detriments and inconveniences attendant upon such delay from the end of the grace period commencing from the time delivery was due under the contract. A grace period of seven calendar days commencing on and including the contract date for delivery shall be extended to the vendor prior to the assessment of such liquidated damages. Notice is hereby given to the vendor that despite the extensions of the grace period herein specified - TIME SHALL BE AND IS OF THE ESSENCE IN REGARD TO DELIVERY OF THE VEHICLES. Liquidated damages, if assessed, shall be deducted from the purchase order price for each vehicle delivered against such purchase order.
CONTRACT PERIOD AND RENEWALS: General - The contract shall commence with the date of award and continue for three years. Unless renewed, the contract shall terminate upon the manufacturer's production build-out date or depletion of all stocks, whichever occurs last for the last model year available during the initial term of this contract. Contractors will notify the Office of General Services, in writing of the manufacturer’s production build-out date. Such notification must be submitted immediately upon the contractor being notified by the manufacturer. Contractors may supply next model year (MY) vehicles if build out date has occurred for the item they hold and no new MY has yet been awarded. Prices must be held to current (awarded) prices and all terms and conditions remain in effect. Once the new model year contract has been awarded, no further sales may take place under this contract. In no case shall sales be extended beyond March 15, 2015. The State reserves the right to terminate this agreement at any time. Mutual Extension of Time Period - If mutually agreed between the Procurement Services Group and the contractor, the contract may be extended under the same terms and conditions for additional period(s) not to exceed a total contract term of five years or March 15, 2015.
SHORT TERM EXTENSION: In the event the replacement contract has not been issued, any contract let and awarded hereunder by the State, may be extended unilaterally by the State for an additional period of up to one month upon notice to the contractor with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such one month extension), prices, and delivery requirements. With the concurrence of the contractor, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement contract be issued in the interim.