This is not an official Purchase Order
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OPEN MARKET PURCHASE ORDER |
REFERENCE COPY |
INVOICE ADDRESS:
STATE OFFICE OF ADMIN HEARINGS PO NUMBER: 9-000067
PO BOX 13025 REQ NUMBER: 360-9-3-D
300 W 15TH ST SUITE 502 PO DATE: 09/16/08
AUSTIN TX 78711-3025
DESTINATION IF DIFFERENT 1-20-051-9243-5 COMP
STATE OFFICE OF ADMIN HEARINGS KELSEY TRANSCRIPTS & TYPING SERVICE
AS SPECIFIED IN PURCHASE ORDER 537 WALNUT DRIVE
AUSTIN TX 78711 BELLVILLE TX 77418
BLANKET PURCHASE ORDER FOR STATE OFFICE OF
ADMINISTRATIVE HEARINGS FOR TRANSCRIBING SERVICES
AS OUTLINED IN NO. 360-9-3-D.
DISCOUNT FOR EXPEDITED PAYMENT:
DISCOUNT: FIVE (5%) PERCENT IF PAID IN FIVE (5)
DAYS
TERM OF CONTRACT:
THE TERM OF THIS CONTRACT SHALL BE FROM SEPTEMBER
1, 2008 THRU AUGUST 31, 2009 WITH THE OPTION TO
RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR
PERIODS.
THE RENEWAL PERIOD IF EXERCISED:
SEPTEMBER 1, 2009 - AUGUST 31, 2010
SEPTEMBER 1, 2010 - AUGUST 31, 2011
SEPTEMBER 1, 2011 - AUGUST 31, 2012
THE OPTION TO RENEW THE CONTRACT SHALL BE SOLELY
AT THE DISCRETION OF THE SOAH. ANY RENEWAL SHALL
BE AT THE SAME TERMS AND CONDITIONS SPECIFIED IN
THE ORIGINAL IFB AND RESULTANT CONTRACT.
IN CONSIDERATION OF RENEWING SERVICES, SOAH WILL
CONSIDER THE VENDOR'S PERFORMANCE AS A CONDITION
TO CONTINUE RENDERING MARKETING SERVICES TO SOAH.
THIS WILL BE A VARIABLE SOAH WILL CONSIDER UPON
DETERMINING WHETHER OR NOT THE CONTRACT WILL BE
RENEWED AND IS A CONDITION WHICH WILL BE
CONSIDERED FOR OTHER CONTRACTS (CONCURRENT OR
SUBSEQUENT).
THE INDIVIDUAL LISTED BELOW MAY BE CONTACTED ONLY
FOR CLARIFICATION OF OR REGARDING TECHNICAL
QUESTIONS RELATED TO THE SPECIFICATIONS AND/OR
REQUIREMENTS.
CONTACT INFORMATION FOR CLARIFICATION ONLY:
STATE OFFICE OF ADMINISTRATIVE HEARINGS-
VALERIE WOEHL
512-475-2517
VALERIE.WOEHL@SOAH.STATE.TX.US
THE SPECIFICATIONS AND/OR REQUIREMENTS CONTAINED
IN THIS IFB MAY NOT BE AMENDED PRIOR TO BID
OPENING WITHOUT THE WRITTEN APPROVAL FROM THE
TEXAS PROCUREMENT AND SUPPORT SERVICES (TPASS)
DIVISION OF THE TEXAS COMPTROLLER OF PUBLIC
ACCOUNTS. AMENDMENTS WILL BE PROCESSED BY AN
ADDENDUM ISSUED BY TPASS.
VENDOR'S POINT OF CONTACT INFORMATION:
NAME: JENNIFER FERRIS
TELEPHONE NO.: (281) 635-2917
FAX NO.: (206) 600-7328
E-MAIL: JENNIFER@KELTRAN.COM
SPECIFICATIONS FOR TRANSCRIPTION SERVICES
VENDORS MUST PROVIDE VERBATIM TRANSCRIPTS OF
HEARINGS, PROCEEDINGS, AND OTHER EVENTS AS
REQUIRED BY THE SOAH.
A. SOAH LOCATIONS:
SOAH HAS NINE (9) ASSIGNED WORK LOCATIONS
THROUGHOUT TEXAS. THEY ARE LOCATED AT THE STATE
OFFICE OF ADMINISTRATIVE HEARINGS IN TEXAS:
1. 300 W. 15TH ST, SUITE 502, AUSTIN 78701
2. 5155 FLYNN PKY-STE 200-CORPUS CHRISTI 78411
3. 6333 FOREST PARK RD, STE 150-A, DALLAS 75235
4. 401 E. FRANKLIN AVE, STE 580, EL PASO 79901
5. 6777 CAMP BOWIE BLVD., STE 400, FT WORTH 76116
6. 2020 N. LOOP WEST, STE 111, HOUSTON 77018
7. 8212 ITHACA, SUITE W3, LUBBOCK 79423
8. 10300 HERITAGE, STE 250, SAN ANTONIO 78216
9. 801 AUSTIN AVENUE, SUITE 750, WACO 76701
B. PICKUP/DELIVERY CHARGES: THE CHARGES FOR
SENDING THE RECORDING(S)/EXHIBIT(S) TO THE
TRANSCRIBER ARE TO BE FROM THE CONTRACTED SOAH
LOCATION CHARGED TO SOAH PER PACKAGE RECEIVED AND
MAY NOT EXCEED THE BID PRICE OFFERED.
THE CHARGES FOR SENDING THE RECORDING(S)/
EXHIBIT(S) AND COMPLETED TRANSCRIPT(S) TO THE
CONTRACTED SOAH LOCATION ARE TO BE CHARGED TO
SOAH PER PACKAGE SHIPPED AND MAY NOT EXCEED THE
BID PRICE OFFERED.
C. TRANSCRIPT FORM REQUIREMENTS:
1. THE FORM OF THE TRANSCRIPT SHALL BE 25 DOUBLE-
SPACED, NUMBERED LINES ON 8.5" X 11" PAPER.
2. NO PAGE EXCEPT THE INDEX AND THE LAST PAGE OF
THE TRANSCRIPT MAY HAVE FEWER THAN TEN (10)
LINES.
3. VENDOR MUST ATTACH TO THE TRANSCRIPT ALL
EXHIBITS SUPPLIED TO VENDOR BY SOAH AND MUST
TAB EACH EXHIBIT IN NUMERICAL ORDER AT THE
BACK OF THE TRANSCRIPT.
4. PAGES SHALL BE NUMBERED CONSECUTIVELY.
5. THE COVER PAGE MUST BE A CLEAR TRANSPARENCY.
6. THE BACK COVER MUST BE 60# BLUE STOCK.
7. THE INDEX TABS (TAB COLOR) MUST BE WHITE,CLEAR
LAMINATED AND NUMBERED.
8. SHEET SIZE TO BE 8-1/2 X 11.
9. THE ORIGINAL ALONG WITH ANY REQUESTED COPIES
MUST BE THREE-HOLE DRILLED.
10.IF THE TRANSCRIPT IS 1-50 PAGES, THE VENDOR
MUST STAPLE THE TRANSCRIPT IN TWO PLACES
(BETWEEN THE THREE HOLES THAT ARE DRILLED).
11.IF THE TRANSCRIPT IS 51+ PAGES, VENDOR MUST
THREE-HOLE DRILL THE ORIGINAL AND COPIES AND
MUST BIND THE ORIGINAL AND ANY REQUESTED
COPIES WITH ROPE OR HEAVY RIBBON BETWEEN THE
DRILLED THREE HOLES.
12.AT TIMES, THE ORIGINAL EXHIBITS WILL BE DOUBLE
SIDED, VENDOR MUST COPY THE EXHIBITS DOUBLE
SIDED. NO ALTERATIONS WILL BE ACCEPTED. SOAH
WILL NOT PROVIDE THE DOUBLE SIDED COPIES TO
THE VENDOR.
13.ALL EXHIBITS MUST BE COPIED EXACTLY AS THE
ORIGINALS ARE SUBMITTED TO THE VENDOR BY SOAH.
14.DEPARTMENT EXHIBITS ARE TABBED FROM THE TOP OF
THE PAGE DOWN AND ARE FIRST IN ORDER.
15.THE DEFENDANT'S EXHIBITS ARE TABBED FROM THE
BOTTOM OF THE PAGE UP AND ARE SECOND IN ORDER.
16.OFFERS OF PROOF DO NOT USE NUMERICAL TABS BUT
ARE CITED AS OFFER OF PROOF #1, ETC., ON A
BLANK TAB.
D. TIMELINE/DELIVERY FOR TRANSCRIPTS:
TIME OF DELIVERY WILL BE AT SOAH'S DISCRETION.
TRANSCRIPTS MAY BE REQUESTED ON A REGULAR TEN
(10) DAY OR EXPEDITED THREE (3) DAY BASIS. TIME
IS CONSIDERED TO START ON THE NEXT BUSINESS DAY
AFTER VENDOR RECEIVES THE TAPES, CD'S OR DIGITAL
RECORDING AND EXHIBITS.
1. REGULAR COPY - TEN (10) DAY: TRANSCRIPTS
MUST BE DELIVERED WITHIN TEN (10) WORKING DAYS
AFTER RECEIPT OF TAPES FROM SOAH.
2. EXPEDITED COPY: THREE (3) DAY:
TRANSCRIPTS MUST BE DELIVERED WITHIN THREE (3)
WORKING DAYS AFTER RECEIPT OF TAPES FROM SOAH.
3. IN THE ABSENCE OF A SPECIFIC TIME FOR
DELIVERY BY A REQUESTING PARTY, THE TRANSCRIPT
MUST BE DEEMED TO HAVE BEEN REQUESTED ON A
REGULAR COPY - TEN (10) DAY BASIS UNLESS
OTHERWISE SPECIFIED BY SOAH. IN NO EVENT SHALL
VENDOR EXCEED THE REGULAR COPY TIME OF DELIVERY
OF TEN (10) WORKING DAYS AFTER RECEIPT OF TAPES
FROM SOAH. IN NO EVENT MAY TRANSCRIPTS BE
PROVIDED TO SOAH LATER THAN THE DATE ON WHICH
TRANSCRIPTS ARE PROVIDED TO ANY OTHER PERSON,
EXCEPT IN ANY INSTANCE WHERE A TRANSCRIPT IS
DELIVERED TO A PARTY AFTER 5:00 P.M., AND SOAH
HAS MADE NO SPECIAL ARRANGEMENTS TO RECEIVE THE
TRANSCRIPT, IN WHICH CASE THE TRANSCRIPT MUST BE
DELIVERED THE FOLLOWING WEEKDAY MORNING AT THE
FIRST AVAILABLE OPPORTUNITY.
4. INDIVIDUAL CASE TAPE(S)/EXHIBIT(S) ARE PLACED
IN A 7-1/2 X 10-1/2 ENVELOPE AND MARKED WITH THE
DEFENDANT'S NAME. A TRANSMITTAL MEMO LISTING ALL
TAPES BEING SENT TO THE TRANSCRIBER IS THEN
CREATED. SEVERAL TAPES MAY BE LISTED ON ONE
TRANSMITTAL MEMO.
a. THE VENDOR MUST PROVIDE THE CONTRACTED SOAH
LOCATION WITH PRE-PRINTED SHIPPING LABELS
CONTAINING THE VENDOR'S SHIPPING ACCOUNT NUMBER,
b. THE VENDOR MUST PROVIDE THE CONTRACTED SOAH
LOCATION WITH A SUPPLY OF SHIPPING ENVELOPES
CAPABLE OF HOLDING A MINIMUM OF TEN (10) 7-1/2 X
10-1/2 ENVELOPES CONTAINING TAPE(S)/EXHIBITS.
c. VENDOR SHALL FAX TO THE CONTRACTED SOAH LOCA-
TION A COMPLETED TRANSMITTAL SHEET SHOWING THE
DATE, TIME THE SHIPMENT WAS RECEIVED AND PERSON
WHO SIGNED FOR SHIPMENT.
d. DELIVERABLES: PICKUP/DELIVERY FOR CASSETTE,
CD'S OR TRANSCRIPTS IS VIA HAND-DELIVERY, OR
OVERNIGHT, NEXT DAY DELIVERY SHIPMENT USING THE
VENDOR'S SHIPPING ACCOUNT. TAPE(S)/EXHIBITS,
ALONG WITH THE REQUESTED TRANSCRIPT(S), RECEIVED
AS ONE PACKAGE MUST BE RETURNED TO SOAH AS ONE
PACKAGE WITHIN THE REQUESTED DELIVERY PERIOD.
e. DIGITAL RECORDINGS OF ALR (ADMINISTRATIVE
LICENSE REVOCATION) HEARINGS WILL BE SENT TO THE
TRANSCRIBER IN A .WMA (WINDOWS MEDIA AUDIO)
FORMAT VIA EMAIL. THE EMAIL WILL CONTAIN A
LISTING OF ALL DIGITAL RECORDINGS BEING SENT TO
THE TRANSCRIBER. SEVERAL DIGITAL RECORDINGS MAY
BE ATTACHED TO THE EMAIL. (NOTE: CURRENTLY
CASSETTE TAPES ARE BEING USED TO RECORD THESE
HEARINGS, BUT WILL BE REPLACED BY DIGITAL
RECORDINGS).
f. DIGITAL RECORDINGS OF NON-ALR HEARINGS WILL BE
SENT TO THE TRANSCRIBER ON A CD IN A .WMA
(WINDOWS MEDIA AUDIO) FORMAT. THE TRANSMITTAL
MEMO (EMAIL) WILL CONTAIN A LISTING OF ALL
DIGITAL RECORDINGS BEING SENT TO THE TRANSCRIBER
ALONG WITH ANY SCANNED DOCUMENTS THAT SHOULD BE
ATTACHED AND TABBED TO THE TRANSCRIPT (WHERE
APPLICABLE). (NOTE: CURRENTLY CASSETTE TAPES ARE
BEING USED TO RECORD THESE HEARINGS, BUT WILL BE
REPLACED BY DIGITAL RECORDINGS).
g. DELIVERY OF THE TRANSCRIPTION(S) IS VIA HAND-
DELIVERY, OVERNIGHT, OR NEXT DAY DELIVERY
SHIPMENT USING THE VENDOR'S SHIPPING ACCOUNT.
EXHIBITS, ALONG WITH THE REQUESTED TRANSCRIPT(S),
RECEIVED, AS ONE PACKAGE MUST BE RETURNED TO SOAH
AS ONE PACKAGE WITHIN THE REQUESTED DELIVERY
PERIOD.
h. TRANSCRIPTS MUST BE DELIVERED TO THE PERSON OR
LOCATION SPECIFIED BY SOAH. VENDOR MUST CHECK
WITH SOAH TO DETERMINE THE APPROPRIATE PLACE OF
DELIVERY. VENDOR MUST INCLUDE A PACKING SLIP
STATING COMPLETED TRANSCRIPTS ARE BEING RETURNED
TO SOAH. VENDOR MUST NOT DISTRIBUTE INDIVIDUAL
COPIES TO SOAH STAFF OR EMPLOYEES.
E. LATE DELIVERIES:
WHEN TRANSCRIPTS ARE NOT DELIVERED IN ACCORDANCE
WITH THE PERIOD OF TIME PRESCRIBED IN THIS
PURCHASE ORDER FOR THE KIND OF DELIVERY ORDERED,
PAYMENT TO THE VENDOR WILL BE MADE AT THE RATES
APPLICABLE TO THE TIME OF DELIVERY ACTUALLY
ACHIEVED. IF THE VENDOR, REGARDLESS OF THE TYPE
OF DELIVERY ORDERED, FAILS TO DELIVER THE
TRANSCRIPT WITHIN THE APPLICABLE PERIOD PRE-
SCRIBED FOR REGULAR COPY - TEN (10) DAY, A
FURTHER REDUCTION IN PRICE WILL BE MADE. THE
AMOUNT THAT MAY BE CHARGED FOR THE TRANSCRIPT
WILL BE REDUCED BY FIVE PERCENT (5%) FOR EACH
BUSINESS DAY OR FRACTION THEREOF THAT DELIVERY
IS DELAYED BEYOND THE TIME LIMIT APPLICABLE TO
DELIVERY OF REGULAR COPY - TEN (10) DAY, UP TO
A TOTAL OF FIFTY PERCENT (50%) OF THE REGULAR
COPY - TEN (10) DAY PRICE.
NOTHING IN THIS SECTION WILL BE CONSTRUED TO
ABROGATE THE PERFORMANCE REQUIREMENTS OF THIS
PURCHASE ORDER OR ANY RESULTING CONTRACT OR TO
PERMIT VENDOR OR HIS REPRESENTATIVE TO FAIL TO
PERFORM OR TO DELAY IN PERFORMING ANY DUTIES OR
RESPONSIBILITIES UNDER THIS PURCHASE ORDER OR
ANY RESULTING CONTRACT.
FAILURE TO FURNISH THE DELIVERY OF A TRANSCRIPT
IS A DEFAULT AND WILL SUBJECT THE VENDOR TO THE
DEFAULT PROVISIONS OF THIS PURCHASE ORDER AND
ANY RESULTING CONTRACT.
F. MISTAKES: IF VENDOR MAKES MISTAKES, VENDOR
WILL BE ALLOWED ONE (1) ADDITIONAL DAY TO CORRECT
MISTAKE(S). AFTER COMPLETION OF CORRECTION(S),
VENDOR MUST DELIVER CORRECTED TRANSCRIPT TO SOAH
BY 12:00 NOON THE NEXT BUSINESS DAY. SOAH IS NOT
RESPONSIBLE FOR ADDITIONAL CHARGES/PAYMENTS
INCURRED IN MEETING THE THREE (3) OR TEN (10) DAY
DEADLINE.
G. EMERGENCY REQUIREMENTS:
OCCASIONALLY, SOAH MAY REQUIRE TRANSCRIPT
SERVICES ON AN EXPEDITED BASIS. IF THE VENDOR IS
UNABLE TO SUPPLY THE TRANSCRIBER SERVICES DUE TO
LIMITED ADVANCE NOTICE, THIS WILL NOT BE
CONSIDERED BREACH OF CONTRACT BY EITHER PARTY AND
THE AGENCY MAY OBTAIN SUCH SERVICES ELSEWHERE.
H. PAYMENT: PAYMENT WILL BE MADE ONLY FOR
SERVICES PERFORMED.
I. QUANTITIES:
THERE ARE NO MINIMUM OR MAXIMUM QUANTITIES
AVAILABLE OR ASSOCIATED WITH THIS CONTRACT.
SERVICE WILL BE ON AN AS NEEDED BASIS ONLY.
OCCASIONALLY, A VOLUME OF TWENTY-FIVE (25) OR
MORE TRANSCRIPTS MAY BE REQUESTED IN A MONTH.
J. COMPLIANCE:
VENDOR AFFIRMED COMPLIANCE WITH ALL ATTACHED
TERMS AND CONDITIONS; ALL APPLICABLE LAWS,
STATUTES, REGULATIONS, ORDINANCES, RULES, AND
THE ORDERS AND DECREES OF ANY COURT OR
ADMINISTRATIVE BODY OF JURISDICTION AND MAY
BE REQUIRED FROM TIME TO TIME TO PROVIDE PROOF
OF SUCH COMPLIANCE.
THE STATE SHALL HAVE THE RIGHT TO AUDIT BOOKS AND
RECORDS OF THE VENDOR PERTAINING TO THIS CONTRACT
DURING NORMAL OFFICE HOURS AND ON DUE NOTICE.
AFTER THE CONTRACT HAS ENDED THE VENDOR MUST KEEP
THEIR RECORDS FOR THE CURRENT FISCAL YEAR PLUS
THREE (3) ADDITIONAL YEARS.
SOAH NORMAL OPERATING HOURS ARE MONDAY THROUGH
FRIDAY FROM 8:00 AM TO 5:00 PM. SOAH WILL GIVE
THE VENDOR TWENTY-FOUR (24) HOURS NOTICE IF AN
AUDIT IS IN ORDER.
K. ABANDONMENT, DEFAULT, ASSIGNMENT AND SALES:
1. IF VENDOR DEFAULTS, BREACHES, OR ABANDONS WORK
ON THE CONTRACT, VENDOR SHALL BE LIABLE
FOR THE ACTUAL AMOUNT OF DAMAGES SUFFERED BY
SOAH. SUCH DEFAULT, BREACH, OR ABANDONMENT OR
REFUSAL OR FAILURE TO PAY DAMAGES MAY BE CAUSE
FOR REMOVAL FROM THE STATE'S BID LIST AND/OR
CANCELLATION OF THE CONTRACT.
2. THE CONTRACT MAY NOT BE SOLD, ASSIGNED,
TRANSFERRED OR SUBCONTRACTED WITHOUT THE PRIOR
APPROVAL BY SOAH.
3. IF THE VENDOR FAILS TO PROVIDE THE CONTRACT
FOR COMMODITIES AND OR SERVICES ACCORDING TO THE
PROVISIONS OF THE AWARDED CONTRACT, OR FAILS TO
COMPLY WITH ANY OF THE TERMS OR CONDITIONS OF
THE CONTRACT, SOAH MAY, UPON WRITTEN NOTICE OF
DEFAULT TO VENDOR, IMMEDIATELY TERMINATE ALL OR
ANY PART OF THIS CONTRACT. TERMINATION IS NOT AN
EXCLUSIVE REMEDY, BUT WILL BE IN ADDITION TO ANY
OTHER RIGHTS AND REMEDIES PROVIDED IN EQUITY, BY
LAW OR UNDER THIS CONTRACT.
SOAH MAY EXERCISE ANY OTHER RIGHT, REMEDY OR
PRIVILEGE WHICH MAY BE AVAILABLE TO IT UNDER
APPLICABLE LAW OF THE STATE AND ANY OTHER
APPLICABLE LAW OR PROCEED BY APPROPRIATE COURT
ACTION TO ENFORCE THE PROVISIONS OF THIS
CONTRACT, OR TO RECOVER DAMAGES FOR THE BREACH OF
ANY AGREEMENT BEING DERIVED FROM THIS CONTRACT.
THE EXERCISE OF ANY OF THE FOREGOING REMEDIES
WILL NOT CONSTITUTE A TERMINATION OF THIS
CONTRACT UNLESS SOAH NOTIFIES THE VENDOR IN
WRITING PRIOR TO THE EXERCISE OF SUCH REMEDY.
SOAH WILL GIVE THE VENDOR FIVE (5) WORKING DAYS
WRITTEN NOTICE PRIOR TO EXERCISING ANY REMEDY.
THE VENDOR WILL REMAIN LIABLE FOR ALL COVENANTS
AND INDEMNITIES UNDER THE AFORESAID AGREEMENT.
THE VENDOR WILL BE LIABLE FOR ALL LEGAL FEES, AND
OTHER COSTS AND EXPENSES, INCLUDING ATTORNEY'S
FEES AND COURT COSTS, INCURRED BY SOAH WITH
RESPECT TO THE ENFORCEMENT OF ANY OF THE REMEDIES
LISTED HEREIN.
L. CHANGE IN FEDERAL OR STATE REQUIREMENTS:
IF FEDERAL OR STATE LAWS OR REGULATIONS OR OTHER
FEDERAL OR STATE REQUIREMENTS ARE AMENDED OR
JUDICIALLY INTERPRETED SO THAT EITHER PARTY
CANNOT REASONABLY FULFILL THIS CONTRACT AND IF
THE PARTIES CAN NOT AGREE TO AN AMENDMENT THAT
WOULD ENABLE SUBSTANTIAL CONTINUATION OF THE
CONTRACT, THE PARTIES SHALL BE DISCHARGED FROM
ANY FURTHER OBLIGATIONS UNDER THIS CONTRACT.
M. INSURANCE AND BONDS:
WORKERS' COMPENSATION INSURANCE: AMOUNT -
STATUTORY, TEXAS. THE VENDOR IS RESPONSIBLE FOR
BOTH FEDERAL AND STATE UNEMPLOYMENT INSURANCE
COVERAGE AND STANDARD WORKERS' COMPENSATION
INSURANCE COVERAGE. VENDOR SHALL COMPLY WITH ALL
FEDERAL AND STATE TAX LAWS AND WITHHOLDING
REQUIREMENTS.
N. PRICES AND ADJUSTMENTS:
1. PRICES ARE FIRM FOR THE INITIAL PURCHASE
ORDER PERIOD.
2. AT TIME OF RENEWAL, PRICES MAY BE ADJUSTED
UPWARDLY BASED ON THE INCREASE IN THE CONSUMER
PRICE INDEX "W" (CPI-W) FOR DALLAS, TX AS
PUBLISHED BY THE BUREAU OF LABOR STATISTICS,
REGION 6.
3. ANY DECREASES IN THE ABOVE INDEX SHALL AUTOMA-
TICALLY RESULT IN A DECREASE TO THE STATE.
4. REQUESTS FOR UPWARD PRICE ADJUSTMENTS MUST BE
MADE THIRTY (30) DAYS PRIOR TO THE ANNIVERSARY OF
THE AWARD IN WRITING.
5. IF NO REQUEST IS RECEIVED THE CONTRACT SHALL
BE CARRIED FORWARD AT THE THEN CURRENT PRICES.
6. THE MAXIMUM PRICE INCREASE ALLOWABLE REGARD-
LESS OF THE INCREASE IN THE CPI-W SHALL BE
TWENTY PERCENT (20%) IN ANY GIVEN RENEWAL
PERIOD.
O. CANCELLATION:
THIS CONTRACT MAY BE CANCELLED BY EITHER PARTY,
WITHOUT PENALTY, EITHER IN WHOLE OR PART, BY
PROVIDING THIRTY (30) DAYS WRITTEN NOTICE.
P. PRICES:
VENDOR MUST CHARGE ALL PARTIES, TO THE ACTION
REPORTED, THE SAME PRICES AS THOSE CHARGED TO
SOAH OR ITS AGENCIES UNDER THIS CONTRACT. PRICES
OFFERED MUST BE ALL INCLUSIVE AND NO OTHER
CHARGES ARE AUTHORIZED.
Q. MISCELLANEOUS:
THE STATE OFFICE OF ADMINISTRATIVE HEARINGS DOES
NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR,
NATIONAL ORIGIN, SEX, RELIGION, AGE OR DISABILITY
IN EMPLOYMENT OF THE PROVISION OF SERVICES.
R. SUBCONTRACTING
SUBCONTRACTORS PROVIDING SERVICE UNDER THE
PURCHASE ORDER SHALL MEET THE SAME SERVICE
REQUIREMENTS AND PROVIDE THE SAME QUALITY OF
SERVICE REQUIRED OF THE VENDOR.
NO SUBCONTRACT UNDER THE PURCHASE ORDER SHALL
RELIEVE THE PRIMARY VENDOR OF RESPONSIBILITY FOR
THE SERVICES.
THE VENDOR SHALL BE THE PRIMARY CONTACT FOR SOAH
AND SUBCONTRACTOR(S).
THE VENDOR SHALL MANAGE ALL QUALITY AND
PERFORMANCE, PROJECT MANAGEMENT, AND SCHEDULES
FOR SUBCONTRACTORS. THE VENDOR SHALL BE HELD
SOLELY RESPONSIBLE AND ACCOUNTABLE FOR THE
COMPLETION OF ALL WORK FOR WHICH THE VENDOR HAS
SUBCONTRACTED.
SOAH RETAINS THE RIGHT TO CHECK SUBCONTRACTOR'S
BACKGROUND AND MAKE A DETERMINATION TO APPROVE OR
REJECT THE USE OF SUBMITTED SUBCONTRACTOR(S).
ANY NEGATIVE RESPONSES MAY RESULT IN DISQUALIFI-
CATION OF THE SUBCONTRACTOR.
SOAH RESERVES THE RIGHT TO REQUEST THE REMOVAL OF
VENDOR'S SUBCONTRACTOR STAFF DEEMED UNSATISFAC-
TORY BY SOAH.
SUBCONTRACTING SHALL BE AT THE VENDOR'S EXPENSE.
DURING THE TERM OF THE PURCHASE ORDER, IF THE
VENDOR DETERMINES A NEED FOR A SUBCONTRACTOR
CHANGE, SOAH SHALL BE NOTIFIED IN WRITING BY THE
VENDOR WITHIN 30 DAYS OF ANY PROPOSED CHANGE.
THE VENDOR SHALL BE REQUIRED TO PROVIDE
REFERENCES AND WORK HISTORY FOR ANY PROPOSED
SUBCONTRACTOR TO SOAH. NO CHANGE WILL BE ALLOWED
WITHOUT WRITTEN AUTHORIZATION BY SOAH.
S. CONTRACT ADMINISTRATION:
ADMINISTRATION OF THE PURCHASE ORDER IS THE
RESPONSIBILITY OF THE SOAH FOR ADMINISTERING THE
CONTRACTUAL BUSINESS RELATIONSHIP WITH THE
VENDOR.
ANY PROPOSED CHANGES TO WORK TO BE PERFORMED,
WHETHER INITIATED BY SOAH OR THE VENDOR, MUST
RECEIVE FINAL WRITTEN APPROVAL IN THE FORM OF A
PURCHASE ORDER CHANGE NOTICE SIGNED BY THE
AUTHORIZED SOAH PURCHASING AGENT.
UPON ISSUANCE OF A PURCHASE ORDER, SOAH WILL
APPOINT A CONTRACT MANAGER AND POINT OF CONTACT
BETWEEN THE AGENCY AND THE VENDOR. THE CONTRACT
MANAGER DOES NOT HAVE ANY EXPRESS OR IMPLIED
AUTHORITY TO VARY THE TERMS OF THE PURCHASE
ORDER, AMEND THE PURCHASE ORDER IN ANY WAY OR
WAIVE STRICT PERFORMANCE OF THE TERMS AND
CONDITIONS OF THE PURCHASE ORDER. THIS
INDIVIDUAL'S CONTRACT MANAGEMENT AND CONTRACT
ADMINISTRATION RESPONSIBILITIES INCLUDE, BUT ARE
LIMITED TO:
1. MONITORING THE VENDOR'S PROGRESS AND
PERFORMANCE AND ENSURING SERVICES CONFORM TO
ESTABLISHED SPECIFICATION REQUIREMENTS.
2. MANAGING THE FINANCIAL ASPECTS OF THE CONTRACT
INCLUDING APPROVAL OF PAYMENTS.
3. MEETING WITH THE VENDOR AS NEEDED TO REVIEW
PROGRESS, DISCUSS PROBLEMS, AND CONSIDER
NECESSARY ACTION.
4. IDENTIFYING A BREACH OF CONTRACT BY ASSESSING
THE DIFFERENCE BETWEEN CONTRACT PERFORMANCE AND
NON-PERFORMANCE.
5. OTHER AREAS AS IDENTIFIED BY THE COMPTROLLER
OF PUBLIC ACCOUNTS CONTRACT MANAGEMENT GUIDE,
LATEST EDITION.
THE ACTUAL AMOUNT OF SERVICES WILL BE ONLY THAT
WHICH IS REQUIRED BY SOAH.
AUDIO CASSETTES TO BE STANDARD 30 MINUTE TAPES
EACH SIDE AND WILL BE SUPPLIED BY SOAH.
PRICING FOR THE INITIAL PERIOD OF THE CONTRACT TO
BE EFFECTIVE SEPTEMBER 1, 2008 - AUGUST 31, 2009
FOR FISCAL YEAR 2009
NOTICE: MULTI-TIERED AWARDS HAVE BEEN ISSUED TO
TO TWO (2) VENDORS FOR THE SERVICES INCLUDED IN
THIS ORDER. EACH ITEM INDICATES THE CATEGORY OF
THE AWARD, I.E., PRIMARY OR SECONDARY.
THE PRIMARY VENDOR WILL BE USED FIRST, THEN
THE SECONDARY VENDOR, WHEN THE PRIMARY VENDOR
IS UNABLE TO MEET IMMEDIATE AGENCY NEEDS.
961-72
1. PRIMARY 1 EACH 65.00 65.00
REGULAR COPY - 10 DAY DELIVERY
PER 30 MINUTE/ONE SIDE OF CASSETTE, CD OR DIGITAL
RECORDING
2. PRIMARY 1 EACH 80.00 80.00
EXPEDITED COPY - THREE (3) DAY DELIVERY
PER 30 MINUTE/ONE SIDE OF CASSETTE, CD OR DIGITAL
RECORDING
3. PRIMARY 1 EACH 10.00 10.00
ADDITIONAL COPY CHARGES PER SIDE OF TAPE
WITH EXHIBITS
4. PRIMARY 1 EACH 25.00 25.00
PICK-UP/DELIVERY CHARGE (ONE-WAY)
(PER SECTION D.4)
5. PRIMARY 1 EACH 65.00 65.00
REGULAR COPY - 10 DAY DELIVERY
PER 30 MINUTE/ONE SIDE OF CASSETTE, CD OR DIGITAL
RECORDING
6. PRIMARY 1 EACH 80.00 80.00
EXPEDITED COPY - THREE (3) DAY DELIVERY
PER 30 MINUTE/ONE SIDE OF CASSETTE, CD OR DIGITAL
RECORDING
7. PRIMARY 1 EACH 10.00 10.00
ADDITIONAL COPY CHARGES PER SIDE OF TAPE WITH
EXHIBITS
8. PRIMARY 1 EACH 25.00 25.00
PICK-UP/DELIVERY CHARGE (ONE-WAY)
(PER SECTION D.4)
9. PRIMARY 1 EACH 65.00 65.00
REGULAR COPY - 10 DAY DELIVERY
PER 30 MINUTE/ONE SIDE OF CASSETTE, CD OR DIGITAL
RECORDING
10. PRIMARY 1 EACH 80.00 80.00
EXPEDITED COPY - THREE (3) DAY DELIVERY
PER 30 MINUTE/ONE SIDE OF CASSETTE, CD OR
DIGITAL RECORDING
11. PRIMARY 1 EACH 10.00 10.00
ADDITIONAL COPY CHARGES PER SIDE OF TAPE
WITH EXHIBITS
12. PRIMARY 1 EACH 25.00 25.00
PICK-UP/DELIVERY CHARGE (ONE-WAY)
(PER SECTION D.4)
13. PRIMARY 1 EACH 65.00 65.00
REGULAR COPY - 10 DAY DELIVERY
PER 30 MINUTE/ONE SIDE OF CASSETTE, CD OR DIGITAL
RECORDING
14. PRIMARY 1 EACH 80.00 80.00
EXPEDITED COPY - THREE (3) DAY DELIVERY
PER 30 MINUTE/ONE SIDE OF CASSETTE, CD OR DIGITAL
RECORDING
15. PRIMARY 1 EACH 10.00 10.00
ADDITIONAL COPY CHARGES PER SIDE OF TAPE WITH
EXHIBITS
16. PRIMARY 1 EACH 25.00 25.00
PICK-UP/DELIVERY CHARGE (ONE-WAY)
(PER SECTION D.4)
SUSPENSION, DEBARMENT, AND TERRORISM: VENDOR
CERTIFIES THAT THE VENDOR AND ITS PRINCIPALS ARE
ELIGIBLE TO PARTICIPATE IN THIS TRANSACTION AND
HAVE NOT BEEN SUBJECTED TO SUSPENSION, DEBARMENT,
OR SIMILAR INELIGIBILITY DETERMINED BY ANY
FEDERAL, STATE OR LOCAL GOVERNMENTAL ENTITY AND
THAT VENDOR IS IN COMPLIANCE WITH THE STATE OF
TEXAS STATUTES AND RULES RELATING TO PROCUREMENT
AND THAT VENDOR IS NOT LISTED ON THE FEDERAL
GOVERNMENT'S TERRORISM WATCH LIST AS DESCRIBED
IN EXECUTIVE ORDER 13224. ENTITIES INELIGIBLE
FOR FEDERAL PROCUREMENT ARE LISTED AT
http://www.epls.gov
***PUT REQ # AND ORDER # ON ALL PKGS*** TOTAL THIS ORDER $720.00
L/LOR / 24/BC009 F.O.B. DESTINATION TERMS 5% 5 DAYS
DELIVERY DAYS:
This is not an official Purchase Order