General Requirements: The contractor shall provide new and/or used EMT and/or utility golf carts for the Department of Corrections (hereinafter referred to as “state agency”) for various institutions, on an as needed if needed basis, in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency. Other Agencies May Order: The Division of Purchasing reserves the right to allow other state agencies and government entities (e.g. cities, counties, etc.) to order from the contract. The State of Missouri shall bear no financial responsibility for any payments due the contractor by non-state governmental entities (e.g. cities, counties, etc.). Contractor’s Obligation: Unless otherwise specified herein, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to provide the products required herein. Performance/Product Requirements: Estimated Quantities: The quantities indicated in this RFP are estimates that pertain to the total aggregate quantities that may be ordered throughout the stated contract period. The estimates do not indicate single order amounts unless otherwise stated. The State of Missouri makes no guarantees about single order quantities or total aggregate order quantities. Substitutions: The contractor shall not substitute any product(s) that has been awarded to the contractor without the prior written approval of the Division of Purchasing. In the event a product becomes unavailable, the contractor shall provide a suitable substitute product. The contractor’s failure to provide an acceptable substitute may result in cancellation or termination of the contract. Any product substitution must be a replacement of the contracted product with a product of equal or better capabilities and quality, and with equal or lower pricing. The contractor shall understand that the state reserves the right to allow the substitution of any new or different product/system offered by the contractor. The Division of Purchasing shall be the final authority as to acceptability of any proposed substitution. Any product substitution shall require a formal contract amendment authorized by the Division of Purchasing prior to the state acquiring the substitute product under the contract. The state may choose not to compel a product substitution in the event requiring a substitution would be deemed unreasonable in the sole opinion of the State of Missouri. The contractor shall not be relieved of substituting a product in the event of manufacturer discontinuation or other reason simply for reasons of unprofitability to the contractor. Replacement of Damaged/Defective Product: The contractor shall be responsible for repair or replace any product or components received in damaged condition at no cost to the State of Missouri. This includes all delivery/transportation costs for returning non-functional products to the contractor for replacement.
