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General Terms and Conditions

These GENERAL CONDITIONS are applicable to all bids and contracts with the Kentucky Community & Technical College System (KCTCS), Procurement to Payment Services Department.

We encourage you/your firm to study these conditions and retain copies for reference, as they are an integral part of all contracts awarded by the KCTCS Procurement to Payment Services Department.

The following GENERAL CONDITIONS are applicable to each Invitation to Bid issued by KCTCS and to each purchase made by any authorized method of acquisition. Each firm submitting a bid or selling to KCTCS shall be deemed to have assented to these conditions by the act of bidding and/or acceptance of a purchase request.

These GENERAL CONDITIONS will not be repeated in each Invitation to Bid although they shall be an integral part of each invitation and resulting contract. These General Conditions will be sent to any vendor upon request.

Additional conditions may be incorporated in specific Invitations to Bid, and contracts, and are generally termed "Special Conditions." Such special conditions will in no way operate to alter or nullify the general conditions and each bidder shall be responsible for compliance with both the general and special conditions. However, in cases of irreconcilable conflict, the special conditions will govern.

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1. Definitions


3. Applicability of General Terms and Conditions:

4. Contract Provisions by Reference

5. Governing Law and Dispute Resolution

6. Indemnification

7. Insurance

8. Termination for Convenience

9. Termination for Non-performance

10. Attorney's Fees

11. Compensable Damages for Breach:

12. Assignment and Subcontracting

13. Contractor's Responsibility in Performing Work:

14. Additions, Deletions or Contract Changes

15. Permits, Licenses and Taxes

16. Royalties, Patents, Copyrights and Trademarks

17. Copyright Ownership and Title to Designs and Copy

18. Proprietary Information, Data Duplication, and Disclosure

19. Contractor's Responsibility for Records, Audits and Reports

20. Non-discrimination and Equal Opportunity

21. Contractor and Subcontractor Responsibility with Federally Funded Contracts

22. Open Records

23. Debarred, Suspended and Ineligible Status

24. Conflicts of Interest

25. General Warranties

26. Price Warranty:

27. Final Inspection and Acceptance:

28. Delivery, Transportation and Packaging

29. Price Redetermination

30. Freight

31. Terms for Prompt Payment

32. Procurement Card

33. Payment Card Industry - Data Security Standard Requirements (PCI-DSS)