UF Purchasing

Purchase Order Terms and Conditions

UF Payment Terms
Other Terms
Flow-Through Requirements
   for Purchases Using ARRA
   Funds

Special Terms and
   Conditions

UNIVERSITY OF FLORIDA PAYMENT TERMS

BY ACCEPTING A UNIVERSITY OF FLORIDA PURCHASE ORDER THE VENDOR AGREES TO THE FOLLOWING TERMS AND CONDITIONS.

1. The University of Florida requires that a vendor have a Purchase Order or a PO number issued by a representative of Purchasing and Disbursement Services before shipping any merchandise. The purchase order number must be shown on all invoices.

2. All payments made by the University of Florida are subject to University Policy and Rules as approved by the University's Board of Trustees.

It is the policy of the University that invoices on properly accepted goods or services will generally be paid within 30 days of receipt of the invoice. "Properly accepted" means receipt, inspection, and approval of the goods or services, except that in the case of a bona fide dispute the voucher shall contain a statement of the dispute and authorize payment only in the amount not disputed.


a. For the purposes of determining the receipt of invoice date, the department is deemed to receive an invoice on the date on which a correct and accurate invoice is first received at the location designated by the University.

b. The University is deemed to have received an invoice on the date of the invoice if the department has failed to annotate the invoice with the date of receipt at the time the department actually received the invoice or failed at the time the order is placed or contract made to designate a specific location to which the invoice must be delivered.

c. The University may make partial payments to a contractor upon partial delivery of goods or services or upon partial completion of construction when a request for such partial payment is made by the contractor and approved by the Controller.

d. Travel and other reimbursements to University officers and employees must be paid in the same time frames and process as payments to vendors under this section.

e. This section does not apply to payments made to State agencies or other governmental entities within the State of Florida.

f. All purchasing agreements between the University and a vendor shall include a statement of the vendor's rights. The vendor's rights shall include being provided with the telephone number of the vendor ombudsman within Purchasing and Disbursement Services.

g. Invoices received from vendors that have failed to supply the University with a complete and accurate W-9 or other form that provides all necessary data to determine 1099 status will be deemed insufficient for payment until such information is received.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OTHER TERMS

1. The nondiscrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to Equal Opportunity for all persons without regard to race, color, religion, sex, or national origin, and the 38USC4212 Section 503 - Rehabilitation Act of 1973, Title 1 of the Americans with Disabilities Act of 1990 42USC12101, and the University's policy contained in 6C1-1.006, Administrative Procedures Act, relative to Sexual Harassment, are incorporated herein.

2. This statement applies to goods and services certified as available from PRIDE (Prison Rehabilitative Industries & Diversified Enterprises, Inc.). It is expressly understood and agreed that any articles which are the subject of, or required to carry out this contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.15(2), (4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned.

3. The University of Florida is an equal opportunity institution and, as such, encourages the use of Certified Minority Businesses (CMBE), Small Businesses / Small Disadvantaged Businesses in the provision of construction-related services. CMBEs should have a fair and equal opportunity to compete for dollars spent by the University of Florida to procure construction-related services. Competition ensures that prices are competitive and a broad vendor base is available. CMBE-related information shall be sent to the Division of Small Business and Vender Diversity Relations, PO Box 115250, Elmore Hall, Room 106, Gainesville, Florida 32611, Attn: Ms. Faylene Welcome.

4. In compliance with Code of Federal Regulations, 29CFR1910.1200 if this purchase order involves the shipping of any item designates as a toxic substance such shipment must be accompanied by a Material Safety Data Sheet (MSDS). A toxic substance is designated as any chemical substance or mixture in gaseous, liquid, or solid state, which can cause harm to the human body.

5. The vendor certifies the Company's Directors and/or Principal Officers are not employed and/or affiliated with the University of Florida, unless a current Report of Specified interest form has been approved.

FLOW- THROUGH REQUIREMENTS FOR PURCHASES USING ARRA FUNDS

From Appendix A to OMB Circular A-110 and ARRA.  Applies to all vendor contracts awarded by the University including small purchases except where noted.

All Vendors (Construction and Non-Construction):

1. Equal Employment Opportunity – This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.

2. Rights to Inventions Made Under a Contract or Agreement –If the purchase order includes the performance of experimental, developmental, or research work, Vendor shall provide for the rights of the Federal Government and the University in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.

3. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended – If the Purchase Order amount exceeds $100,000, Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

4. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – If the Purchase Order amount is for $100,000 or more, Vendor (and, if required, any sub-contractors) shall file the certifications required by this law and related regulations,  certifying that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Vendor (and, if required, any sub-contractors) shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. 

5. Debarment and Suspension (E.O.s 12549 and 12689) – Vendor represents and warrants that neither it (nor any other person or entity affiliated with Vendor and for whom the standing under these laws is imputed to Vendor) is listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.   If the purchase order amount exceeds $2000, the Vendor shall provide the University with the required certification regarding its exclusion status and that of its principal employees.

6. Records Access (Contracts in excess of $2,000).  University, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Vendor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts and transcriptions.

Construction and/or Repair Only:

1. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) – (Applies to purchase orders in excess of $2000 for construction or repair).  Vendor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that Vendor id prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled.

2. Copeland-Bacon Act, as amended (40 U.S.C. 276a to a-7) (ARRA Section 1606).   Vendor covenants and agrees that all laborers and mechanics employed by Vendor and its subcontractors on this project will be paid in compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, Vendor is required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, Vendor is required to pay wages not less than once a week.

3. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) –(Applies to purchase orders in excess of $2000 for construction projects and purchase orders in excess of $2500 for other contracts that involve the employment of mechanics or laborers).  Vendor shall comply with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, Vendor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) –(Applies to purchase orders in excess of $2000 for construction projects and purchase orders in excess of $2500 for other contracts that involve the employment of mechanics or laborers).  Vendor shall comply with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, Vendor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

5. Buy American Act (41 U.S.C.  10a-10d) (ARRA Section 1605. - (Applies to purchase orders for construction, alteration, or repair, including products goods used providing maintenance services).  Vendor represents and warrants that all of the iron, steel, and manufactured goods used in the project will be produced in the United States in accordance with the Buy American Act.  Vendor shall provide University with reasonable back-up documentation evidencing compliance with the Buy American Act (i.e. records showing Buy American standards are met or a waiver was granted by the appropriate federal agency).

SPECIAL TERMS AND CONDITIONS

The University of Florida, Board of Trustees, has entered into an agreement with the United States of America. This order is entered into with the vendor to further the performance of the work required in that agreement. When interpreting applicable FAR provisions, "Government," or "Government Representative," or "Contracting Officer" will refer to the University of University's Associate Director of Purchasing. The term "Contractor" refers to the Vendor hereunder.

By accepting this order, Vendor agrees to furnish the materials, supplies, or services covered by this order, and to be bound by the terms and conditions set forth in the order, and these special terms and conditions. The applicable FAR sections and Department of Defense Supplement to the FAR are incorporated by reference into the contract, and have full force and effect. The complete text of each clause is available and will be provided upon request. The FAR provisions in effect at the time of this order govern,


a. The following provisions of the Federal Acquisition Regulations (FAR) apply regardless of the amount of this order:

Anti-Kickback Procedure

52.203-7

Buy American Act and Balance of Payments Program

52.225-01

Contract Work Hours and Safety Stds. Act-Overtime Compensation

52.222-4

Equal Employment Opportunity

52.222-26

Integrity of Unit Prices

52.215-14

Notice to the Government of Labor Disputes

52.222-1

Preference for U.S.-Flag Air Carriers

52.247-63

Restrictions on Subcontractor Sales to the Government

52.203-6

Service Contract Act of 1965 Reserved

 

Termination for Convenience of Gov't
(Education and other Nonprofit institutions)

52.249-5

Restrictions on Certain Foreign Purchases

52.225-13

Limitation on Payments to Influence Certain Federal Transactions

52.203-12


b. The following provisions of the Federal Acquisition Regulations (FAR) also applies if the amount of this order exceeds $2,500:

Affirmative Action for Workers with Disabilities

52.222-36


c. The following provisions of the Federal Acquisition Regulations (FAR) also apply if the amount of this order exceeds $10,000:

Affirmative Action for special disabled and Vietnam era veterans

 

Employment Reports on special disabled veterans
and veterans of the Vietnam era

52.222-37

Utilization of Small Business Concerns

52.219-8

Walsh-Healey Public Contracts Act

52.219-8
52.222-20


d. The following provisions of the Federal Acquisition Regulations (FAR) also apply if the amount of this order exceeds $25,000:

Authorization and Consent

52.227-1

Notice and Assistance re: Patent and Copyright Infringement

52.227-2

Preference for Privately Owned U.S.-Flag Commercial Vessels

52.247-64

Utilization of Labor Surplus Area Concerns

52.220-3

Women-Owned Businesses

52.204-5

Audit - Negotiation

52.215-2

Instruction to Offerors - competitive

52.215-1

Protecting the Government's Interest when Subcontracting
with Contractors, Debarred, Suspended or Proposed for Debarrment

52.209-6


e. The following provisions of the Federal Acquisition Regulations (FAR) apply when noted:

Hazardous Material Identification and Material Safety Data
When Subcontract involves hazardous material

52.223-3

Reporting of Oversees Subcontracts
When Subcontract amount exceeds $100,000 (DOD only)

252.204-7005

Filing of Patent Applications - Classified Subject Matter
When the subcontract or purchase order involves experimental research
and development work

52.227-10

NOTE: 52.227-11 applies to small businesses and non-profit organizations;
52.227-12 applies to others

Rights in Technical Data and Computer Software
When subcontracted includes technical data or software acquisition
requirements, (DOD only)**

252.227-7013

Restrictive Markings on Technical Data Same as ** above

252.227-7018

Validation of Restrictive Markings on Technical Data Same as ** above

252.227-7037

Security Requirements
When the subcontract involves access to classified information

52.204-2

Special Prohibition of Employment
If the subcontract amount exceeds $25,000. (DOD only)

252.203-7001


The University reserves all administrative, contractual, and legal remedies against the contractor or vendor who breaches any of the contract terms.

Last Updated: 3/24/14