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force and effect.
HH. Non-Appropriation of Funds:
It is understood and agreed between the parties herein that NNPS shall be bound
hereunder only to the extent that the funds shall have been appropriated. In the event no
funds or insufficient funds are appropriated, NNPS shall immediately notify the
Successful Offeror of such occurrence and this Contract shall terminate on the last day
funds are available without penalty or expense to NNPS of any kind whatsoever.
II. Tax Exemption:
NNPS is exempt from federal excise tax and from all State and local taxes. Successful
Offeror shall not include such taxes in any invoices under this agreement. Upon request,
NNPS will furnish the Successful Offeror with tax exemption certificates or the NNPS tax
exempt number.
JJ. Vendor’s Invoices:
Successful Offeror shall submit to NNPS all invoices promptly upon completion of the
requirements for installation, delivery, and acceptance of the Products and Services
required under this contract. Invoices shall not include any costs other than those
identified in the executed NNPS purchase order awarding this contract or any subsequent
change orders issued by the NNPS Purchasing Division. All shipping costs are the
Successful Offeror’s responsibility, except to the extent such charges are identified in
the executed NNPS purchase order or change orders. Successful Offeror’s invoices shall
provide at a minimum:
a. Type and description of the Product or Service installed, delivered and accepted;
b. Serial numbers, if any;
c. Quantity delivered;
d. Charge for each item;
e. Extended total (unit costs x quantity);
f. This RFP number and the NNPS Purchase Order Number.
KK. Contractual Disputes:
Any dispute concerning a question of fact as a result of a contract with NNPS which is not
disposed of by agreement shall be decided by the NNPS Purchasing Agent, who shall
reduce his decision to writing and mail or otherwise forward a copy thereof to the
contractor within thirty (30) days. The decision of the NNPS Purchasing Agent shall be
final and conclusive unless the contractor appeals within six (6) months of the date of the
final written decision by instituting legal action as provided in the Code of Virginia. A
contractor may not institute legal action, prior to receipt of the public body's decision on
the claim, unless the public body fails to render such decision within the time
specified. Contractual claims, whether for money or other relief, shall be submitted in
writing no later than sixty days after final payment; however, written notice of the
contractor's intention to file such claim shall have been given at the time of the
occurrence or beginning of the work upon which the claim is based. Nothing herein
shall preclude a contract from requiring submission of an invoice for final payment
within a certain time after completion and acceptance of the work or acceptance of the
goods. Pendency of claims shall not delay payment of amounts agreed due in the final
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