PA Contract with MCI Worldcom 2007

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E·MAILED
,?l;z~oz

ORIGINAL
Contract No. 4600010915

'Page 1 of 3

Contract Original Approval Date: 12128/2006
,Contract Change Approval Date: 01/12/2007

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Purchasing Agent:
Name: Matthew Phillips
Phone: 717-214-3740
Fax: 717-214-3567

, Your SAP Vendor Number With Us: 165236

1 - - - - - - - - - - - - - - - - - - - - - - j V a l i d fr.om/to: 12/08/2006 - 12/07/2011

Supplier NamelAddress:
MCI WORLDCOM
COMMUNICATIONS INC

Please Deliver To:
OA
207 Finance Building

979 E PARK DR
HARRISBURG PA 17111-2810

HARRISBURG PA 17120

SupplierTelephone No: 717-565-7500
SupplierFax No.: :

USA

Your Quotation:
Collective No,:
Our Quotation:

Payment Terms:

Date:

NET 30

he Commonwealth of Pennsylvania, through the Purchasing Agency, accepts the submission of the Bidder/Contractor for the
warded item(s) at the pric~(s) set forth below in accordance with: 1) the RFQ submitted by the Bidder/Contractor, if any; 2) the
ocuments attached to th,is COhtract or incorporated by reference, if any, and 3) the contract terms and conditions stored on the
,ebsite address at www.dgs.state.pa.us for this type of Contract as of the date of the RFQ, if any, or other solicitation for this
, )ract, all of which, as appropriate, are incorporated herein by reference. When the Bidder/Contractor receives an order or a
. ,,..(cen notice t9 proceed from the Purchasing Agency, the,prder or notice constitutes the Bidder/Contractor's authority to furfllsh
he item(s) to the agency at the time(s) and place(s) specified in the order or notice. RFQ, as used herein, mean's Request for
uotations, Invitation for Bids, Invitation to Qualify, or Request for Proposals, as appropriate.

Item

1'0

MateriallService
Desc
Phone Instrument
Installation - Protei 3 "

Est Qty

UOM

0.00

Net Price

650.00

E::ach

Per Unit

Total

0.00

1 Each

. . . . . . . . . . . . . . . . __ • • • • • • •----_ ••••••"!'

Phone Instrument
Installation- Protei?

0.00

Each

750.00

1 Each

0.00

Phone Instrument
Installation- Protei 3

0.00

Each'

695.00

1 Each

0.00

...........-.-.-

..;

_.~

.._

- _._

Phone,lnstrument
Installation;- Protei 7

0.00

Each

795.00

1 Each

0.00

Pedestal Installation Floor-mount Ped.

0.00

Each

120.00

1 Each

0.00

. __
.......................
"

- _-

-_
"

-.. _

_..-

'U
Intearated Einvironment Svstems Form Name: ZM SFRM STO MMCO L.. Version 1.0. Created on OS/27/2003. L.ast chanaed on 03/29/2005.

_.._ - _

_.. _

_-_

_.._-_

SEE LAST PAGE FOR ESTIMATED
TOTAL VALUE INFORMATION

ORIGINAL

Page 2 of 3

Contract No. 4600010915

Contract Original Approval Date: 12/28/2006
Supplier Name:
MCI WORLDCOM
COMMUNICATIONS INC

Item

Material/Service
Desc

0.00

Pedestal Installation Floor':mount Ped.

Per Unit

120.00

Each

!""•••••••••••••

••w

Net Price

UOM

EstQty

Total

0.00

Each

••••••••••••__

Pedestal·lnstallation Wall-mount Ped.

0.00

Each

100.00

1 Each

0.00

0.00
Pedestal Installation Wall-mount Ped.
................................................... -_

Eaph

100.00

1 Each

0.00

Pedestal Installation Floor-to-wall-mo

0.00

Each

120.00

1 Each

0.00

100 . Pedestal Installation Floor-to-wall-mo

0.00

Each

120.00

1 Each

0.00

110

0.00

Each

120.00

1 Each

0.00

Pedestal Installation Drive-up Pedlndo
..
_. __ .._.._ _ -.._--_

.-_

Pedestal Installation Drive-up PedOutd
130

Pedestal Installation Back-toback Ped.
~

_..;;.

_._._.-----_._

---_

0.00

Each

120.00 . 1

0.00

Each

235.00

Each

0.00

1 Each

0.00

. \,
~

_":'

,;.,_..

140

Pedestal Installation Back.toback Ped.

0.00

Each

235.00

Each

0.00

150

Ericlosure Installation L31A Enc.lndoor
........................-

0.00

Each

120.00

1 Each

0.00

_ _

Enclosure Installation L31A Ene.Outdoo

0.00

Each

120.00

1 Each

0.00

170

Enclosure Installation Fortec 2000 Ene

0.00

Each

280.00

1 Each

0.00

180

Enclosure Installation Fortec 2000 Ene,

0.00

Each

280.00

1 Each

0.00

Intearated Environment Svstems Form Name: ZM SFRM STO MMCO L, Version 1.0. Created On OS/27/2003. Lasi chanaed on 03/29/2005.

_ ..

_..-

_~_

160

()

ORIGINAL

Page 3 of 3

Contract No. 4600010915
Contract Original Approval Date: 12/28/2006

Supplier Name:
MCI WORLDCOM
COMMUNICATIONS INC

Item

Est Qty'

MaterialfService
Desc

UOM

Net" Price

. Per Unit

Total

190

Enclosure InstallationPC-1 Ene. Indoo

0.00 Each

215.00

1 Each

0.00

200

Enclosure Installation PC-1 Ene. Outdo

0.00 Each

215.00

1 Each

0.00

210

Enclosure Installation Sierra 9000 Ene

0.00 Each

165.00

1 Each

0.00

.""IOl

220

230

Enclosure Installation Sierra 9000 Ene
.................................... _

0.00 Each

240

(~)

1 Each-

_-_

Enclosure Installation 'MC-101 Ene. Ind
...................

165.00

0.00 Each
IOl • • • • • • • • • • • • _ _ •

0.00

300.00

1 Each

••••••••••••••~•••• -.-• ••_._.

0.00
• • • • .- • • - . - . - . - - . - - - - - - . - • • • • - • • • • • •

Enclosure Installation MC-101 Ene. Out

0.00 Each

300.00

1 "Each

0.00

Enclosure Installation-90l Ene.lndoor

0.00 Each

475.00

1 Each

0.00

..."!

"'• •_

- ••••••

260

Enclosure Installation 90L Ene.Outdoor

0.00 Each

475.00

'1 Each

0.00

270

Mon. Recurring
Coin/Card Cost

0.00 Month

160.00

1 Month

0.00

. . . . . . . . . . . . . . . . . "' • • • • • • • • • • • • • • • • "''''''' • • • • • • • • • • • • • • • '''''' • • • • • • 001.001.001• • • • • "' • • 001001 • • • • • • • "' • • • • • • "' • • 001 • • • • • • • • • • • • • • • • • • • 001 • • • • 001

280

Inmate Telephone
Services

. 0.00

0.00

"' • • • • • "'''' • • ,;, • •''''''

0.00

Ge~eral Requirements for all Items:
No futher information for this contract.

CJ
Inteorated Environment Systems Form Name: ZM SFRM

Estimated Total Value
Not Applicable

sro

MMCO L. Version 1.0. Createa on 0512712003. Last chanced on 03/29/2005.

--_.

__ __

... ....••. __ ._--

_._-_.. -

----- _._---

--------_._.. _-----.

CGNTRACTBETWEEN
COMMONWEALTH OF PENNSYLVANIA
GOVERNOR'S OFFICE OF ADMINISTRATION

AND
Mel COMMUNICATIONS SERVICES j lNC.
d/b/a VERIZON BUSINESS SERVICES

CO:NTRACT NO.

THrs CONTRACT is made and entered into in Harrisburg, Pepnsylvania, in the County
of Dimphin, Conunonwealth ofPennsylvania, b;y and betWeen the COMMONWEALTH OF
PENNSYLVANIA, Governor's Office ofAdministration (UOA") and MCl Communications
S,ervices, Inc. d/b/a Verizon ~usiness Services ('"Verizon Business" or "MCl").

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WHEREAS, pursuant to the RFP, OoA awarded this Contract to MCl. .

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NOW, THEREFORE, for•. and in consideratioh of, the following is set forth in this
Contract,.and the parties intending to be legally bound. mutually understEind and agree that:.

1. This Contract shall be effective for asixty (60) month period commencing 0I:! the
Effective Date as defmed in Paragraph 1 ofthe Contract Tenns and Conditions
.for Services, but may be eiCtended beyond that period as set out in Paragraph 1 of
the Contract Tenns and Conditions for Services.

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. 2. This Contract shall be governed bytbe Jaws ofthe Commonwealth of
.
Pennsylvania'and, for all purposes, shall be construed in accordance with .those
Jaws and decisions ofthe courts ofthe Commonwealth ofPennsylvania, and shall
be 'binding upon the 'Panies and their respective successors and assigns. No
amendment, or modification, ofthe Contract shall have'any force pr effect unress
.it is in writing·and signed by the Parties.
3. The following attachments are incorporated by refert;:n'ce and made part ofthi~ ..
Contract;
Attachmen.t A:
Attachment B: .
Attachment C: .
Attachment D:

WHEREAS, the Department of General Services ("DGS") delegated to OA authority to
. issue a request for proposal (RFP) for furnishing, installing, and maintaining three related
telecommunications systems that wil1 provide payphone service for the Commonwealth of
Pennsylvania and control inniate calling from the state correctional institutions; and

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Contract Terms and Conditions for Services
RFP. including all.!'tddenda issued related thereto·
Final cost submittBJi dated August 1,2006

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Contractor's 9riginaL technic1l1 submittlil, dated
October 13, 2005; and

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Attaclunent E:

Clarifications received May 22, 2006 related to
RFP Sections 2,5-C & 2.5-D

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Disadvantages Business Submittal

4. The Parties agree that.all legal notices pursuant to the Contract shall be in writing
and mailed by certified mail, return receipt requested, and all other
commlll1ications shall be in writing and maned, prepaid frrst-class, to the .
following addresses ofthe respective Parties, or to such other addresses as may
be designated from time to time by the Parties:
.

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.Kristen Miller
Deputy Miller
Office of Adminisrration
209 Finance Building
Harrisburg, PA 17120
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Verizon Business

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Steve Viefhaus
_
Sr. Director, Government Markets
Verizon Business
500 Technology Drive
RoomC2123
Weldo.n Spring, MO 63304
636-793·3457

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IN WITNESS WHEREOF, the Parties to this Contract have exeouted it, through their
respective duJy*authorized representatives, as of the dates written below. Execution by OA will
be through the issuance of a Purchase Order as described in Paragraph 37 of the Contract Terms
and Conditions for Services.

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MCl Communications Services Inc.
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Commonwealth ofPennsylvania
Governor)s Office of Administration

SIgnature

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Signature

Suleiz:nan aessami

VP Pricing/Contract Management

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FEIN

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SAP Vendor Number

APPROVED FOR FORM ANn LEGALITY

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Office of Chief Counsel
Governor's Office of Administration.

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Office ofAttorney Qeneral

Office of General Counsel

CERTIFICATION OF FUNDS'

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Comptroller

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Date

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Commonwealth of Pennsylvania
STD·274
Rev. 4/22/03

STANDARD CONTRACT
TERMS AND CONDITIONS FOR SERVICES

TERM OF CONTRACT

The term of the Contract shall commence on the Effective Date (as defined below) and shall end on the
Expiwtion Date identified in the Contract, subject to the other provisions ofthe Contract. The Effective Date
shall be fixed by the Contracting Officer after the Contract has been fully executed by the Contractor and
by the Commonwealth and all approvals required by Commonwealth contracting procedures have been
obtained. The Contract shall not be a legally binding contract until after the Effective Date is affixed and
the fully-executed Contract has been sent to the Contractor. The Contracting Officer shall issue a written
Notice to Proceed to the Contractor directing the Contractor to start performance on a date which is on
or after the Effective Date. The Contractor shall not start the performance of'any work prior to the date set
forth in the Notice to Proceed and the Commonwealth shall not be liable to pay the Contractor for any
service or work performed or expenses incurred before the date set forth in the Notice to Proceed. 1'10
agency employee has the authority to verbally direct the 'commencement of any work under this
Contract. The Commonwealth reserves the right upon notice to the Contractor, to extend the term of the
Contract for up to three (3) months upon the same terms and conditions. This will be utilized to prevent a
lapse in Contract coverage and only for the time necessary, up to three '(3) months, to enter into a new
contract.
2.

INDEPENDENT CONTRACTOR

In performing the services required by the Contract, the Contractor will act as an independent contractor
and hot as an employee or agent of the Commonwealth.
3.

COMPLIANCE WITH LAW

The Contractor shall comply with all applicable federal and state laws and regulations and local
ordinances in the performance of the Contract.
4.

ENVIRONMENTAL PROVISIONS

In the performance of the Contract, the Contractor shall minimize pollution and shall strictly comply with all
applicable environmental laws and regulations.
5.

POST-CONSUMER RECYCLED CONTENT

Except as specifically waived by the Department of General Services in writing, any products which are
provided to the Commonwealth as a part of the performance of the Contract must meet the minimum
percentage levels for total recycled content as specified in Exhibits A-l through A-8 to these Standard
Contract Terms and Conditions.
6.

COMPENSATION/EXPENSES

The Contractor shall be required to perform the specified services at the price(s) quoted in the Contract. All
services shall be performed within the time period(s) specified in the Contract. The Contractor shall be
compensated only for work performed to the satisfaction of the Commonwealth. The Contractor shall not
be allowed or paid travel or per diem expenses except as specifically set forth in the Contract.

INVOICES

Unless the Contractor has been authorized by the Commonwealth for Evaluated Receipt Settlement or
Vendor Self-Invoicing, the Contractor shall send an itemized invoice to the agency at the address
referenced on the purchase order promptly after services are sqtisfactorily completed. The invoice should
include only amounts due under the Contract/purchase order. The purchase order number must be
included on all invoices. In addition, the Commonwealth shall have the right to require the Contractor to

Commonwealth of Pennsylvania
STD·274
Rev. 4/22/03

prepare and submit a "Work In Progress" sheet that contains, at a minimum, the tasks performed, number
of hours, hourly rate, and the purchase order or task order to which it refers.

PAYMENT

The Commonwealth shall put forth reasonable efforts to make payment by the required
payment date. The required payment date is: (a) the date on which payment is due
under the terms of the Contract; (b) thirty (30) days after a proper invoice actually is
received at the "Provide Service and Bill To" address if a date on which payment is due is
not specified in the Contract (a "proper" invoice is not received until the Commonwealth'
accepts the service as satisfactorily performed); or (c) the payment date specified on the
invoice if later than, the dates established by (a) and (b) above. Payment may be delayed
if the payment amount on an invoice is not based upon the price(s) as stated in the
Contract. If any payment is riot made within fifteen (15) days after the required payment
date, the Commonwealth may pay interest as determined by the Secretary of BUdget in
accordance with Act No. 266 of 1982 and regulations promulgated pursuant thereto.
Payment should not be construed by the Contractor as acceptance of the service
performed by the Contractor. The Commonwealth reserv~s the right to conduct further
testing and inspection after payment, but within a reasonable time after performance,
and to reject the service if such post payment testing or inspection discloses a defect or a
failure to meet specifications. The Contractor agrees that the Commonwealth may set off
the amount of any state tax liability or other obligation of the Contractor or its subsidiaries
to the Commonwealth against any payments due the Contractor under any contract with
the Commonwealth.
The Commonwealth shall have the option of using the Commonwealth purchasing card to
make purchases under the Contract or purchase order. The Commonwealth's purchasing
card is similar to a credit card in that there will be a small fee which the Contractor will be
required to pay and the Contractor will receive payment directly from the card issuer
rather than the Commonwealth. Any and all fees related to this type of payment are the
responsibility of the Contractor. In no case will the Commonwealth allow increases in
prices to offset credit card fees paid by the Contractor or any other charges incurred by
the Contractor, unless specifically stated in the terms of the Contract or purchase order.

TAXES

The Commonwealth is exempt from all excise taxes imposed by the Internal Revenue Service and has
accordingly registered with the Internal Revenue Service to make tax free purchases under Registration No.
23740001-1(. With the exception of purchases of the following items, no exemption certificates are required
and none wfll be issued: undyed diesel fuel, tires, trucks, gas guzzler emergency vehicles, and sports fishing
equipment. The Commonwealth is also exempt from Pennsylvania state. sales tax, local sales tax, public
transportation assistance taxes and fees and vehicle rental tax. The Department of Revenue regulations
provide that exemption certificates are not required for sales made to governmental entities and none will
be issued. Nothing in this paragraph is meant to exempt a construction Gontractor from the payment of
any of these taxes or fees which are required to be paid with respect to the purchase, use, rental, or lease
of tangible personal property or taxable services used or transferred in connection with the performance of
a construction contract.
10.

WARRANTY

The Contractor warrants that all services performed by the Contractor, its agents and subcontractors shall
be free and clear of any defects in workmanship or materials. Unless otherwise stated in the contract, all
services and parts are warranted for a period of one year following completion of performance by the
Contractor and acceptance by the Commonwealth. The Contractor shall correct any problem with the
service and/or replace any defective part with a part of equivalent or superior quality without any
additional cost to the Commonwealth.
.

Commonwealth of Pennsylvania
STD-274
Rev. 4/22/03

11:

PATENT, COPYRIGHT, AND TRADEMARK INDEMNITY

The Contractor warrants that it is the ,sole owner or author of. or has entered into a suitable legal
agreement concerning' either: a) the design of any product or process provided 'or used in the
performance of the Contract which is covered by a patent, copyright. or trademark registration or other
right duly authorized by state or federal law DI" b) any copyrighted matter in any report document or other
material provided to the commonwealth under the contract. The Contractor sh,all defend any suit or
proceeding brought against the Commonwealth. on account of any alleged patent, copyright or
trademark infringement in the United States of any of the products provided or used in the performance of
the Contract. This is upon condition that the Commonwealth shall provide prompt notification in writing of
such suit or proceeding; full right, authorization and opportunity to conduct the defense thereof; and full
information and all reasonable cooperation for the defense of same. As principles of governmental or
public law are involved, the Commonwealth may participate in or choose to conduct, in its sole discretion,
the defense of any such action. If information and assistance are furnished by the Commonwealth at the
Contractor's written request, it shall be at the Contractor's expense, but the responsibility for such expense
shall be only that within the Contractqr's written authorization. The Contractor shall indemnify and hold the
Commonwealth harmless from all damages, costs; and expenses, including attorney's fees that the
Contractor or the Commonwealth may payor incur by reason of any infringement or violation of the rights
occurring to any holder of copyright trademark, or patent interests and rights in any products provided or
used in the performance of the Contract. If any of the products provided by the Contractor in such suit or
proceeding are held to constitute infringement and the use is enjoined, the Contractor shall, at its own
expense and at its option, either' procure the right to continue use of such infringement products, replace
them with non-infringement equal performance products or modify them so that they are no longer
infringing, If the Contractor is unable to do any of the preceding, the Contractor agrees to remove all the
equipment or software which are obtained contemporaneously with the infringing product, or, at the
option of the'ColT.lmonwealth, only those itenls of equipment or software which are held to be infringing,
and to pay the Commonwealth: 1) any amounts paid by the Commonwealth towards the purchase of the
product, less straight line depreciation; 2) any license fee paid b>::: the Commonwealth for the use of any
software, less an amount for the period of usage; and 3) the pro rata portion of any maintenance fee
representing the time remaining in any period of maintenance paid for. The obligations of the Contractor
under this paragraph continue without time limit. No costs or expenses shall be incurred for the account of
the Contractor without its written consent.
12.

OWNERSHIP RIGHTS

The Commonwealth shall have unrestricted authority to reproduce, distribute, and use any submitted
report data, or material, and any software or modifications and any associated documentation that is
designed or developed and delivered to the Commonwealth as part of the performance of the Contract.
13.

ASSIGNMENT OF ANTITRUST CLAIMS

The Contractor and the Commonwealth recognize tllat in actual economic practice, overcharges by the
Contractor's suppliers resulting from violations of state or federal antitrust laws are in fact borne by the
Commonwealth. As part of the consideration for the award of the Contract, and inte'nding to be legally
bound, the Contractor assigns to the Commonwealth dll right, title and Intere~t in and to any claims the
Contractor now has, or may acquire, under state or federal antitrust laws relating to the products and
services which a~e the subject of this Contract.
14.

HOLD HARMLESS PROVISION

The Contractor shall hold the Commonwealth harmless from and indemnify the Commonwealth against
any and all claims,· demands and actions based upon or arising out of any activities performed by the
Contractor and its employees and agents under this Contract and shall, at the request of the
Commonwealth, defend any and all actions brought against the Commonwealth based upon any such
claims or demands.

Commonwealth of Pannsylvania
5TD·274
Rev. 4/22/03

15.

AUDIT PROVISIONS

The Commonwealth shall have the right. at reasonable times and at a site designated by the
Commonwealth, to audit the books, documents and records of the Contractor to the extent that the
books, documents and records relate to costs or pricing data for the Contract. The Contractor agrees to
maintain records which will support the prices charged and costs incurred for the Contract. The Contractor
shall preserve books, documents, and records that relate to costs or pricing data for the Contract for a
period of three (3) years' from date of final payment. The Contractor shall give full and free access to all
records to the Commonwealth and/or their authorized
representatives.
16.

DEFAULT

The Commonwealth may, subject to the provisions of Paragraph 17, Force Majeure, and in
addition to its other rights under the Contract, declare the Contractor in default by written
notice thereof to the Contractor, and terminate (as provided in Paragraph 18, Termination
Provisions) the whole or any part of this Contract for any of the following reasons:

1)
2)
3)
4)
5)
6)
7)
8)
9)

10)
11)

Failure to begin work within the time specified in the Contract or as otherwise
specified;
Failure to perform the work with sufficient labor, equipment. or material to insure
the completion of the specified work in accordance with the Cqntract terms;
Unsatisfactory performance of the work;
Failure or refusal to remove material, or remove and replace any work rejected as
defective or unsatisfactory;
Discontinuance of work without approval;
Failure to resume work, which has been discontinued, within a reasonable time
after notice to do so;
Insolvency or bankruptcy;
Assignment made for the benefit of creditors;
Failure or refusal within 10 days after written notice by the Contracting Officer, to
make payment or show cause why payment should not be made, of any amounts
due for materials furnished, labor supplied or performed, for equipment rentals, or
for utility services rendered;
Failure to protect. to repair, or to make good any damage or injury to property; or
Breach of any provision of this Contract.

In the. event that the Commonwealth terminates this Contract in whole or in part as
provided in Subparagraph a. above, the Commonwealth may procure, upon such terms
and in such manner as it determines, services similar or identical to those so terminated,
and the Contractor shall be liable to the Commonwealth for any reasonable excess costs
for such similar or identical services included within the terminated part of the Contract.

If the Contract is terminated as provided in Subparagraph a. above, the Commonwealth,
in addition to any other rights provided in this paragraph, may require the Contractor to
transfer title and deliver immediately to the Commonwealth in the manner and to the
extent directed by the Issuing Office, such partially completed work, including, where
applicable, reports, working papers and other 'documentation, as the Contractor has
specifically produced or specifically acquired for the performance of such part of the
Contract as has been terminated. Except as provided below, payment for completed
work accepted by the Commonwealth shall be at the Contract price. Except as provided
below, payment f9r partially completed work including, where applicable, reports and
working papers, delivered to and accepted by the Commonwealth shall be in an amount
agreed' upon by the Contractor and Confracting Officer. The Commonwealth may
withhold from amounts otherwise due the Contractor for such completed or partially
completed works, such sumas the Contracting Officer determines to be necessary to
protect the Commonwealth against loss.

Commonwealth of Pennsylvania
STD·274
Rev. 4/22/03

17.

The rights and remedies of the Commonwealth provided in this paragraph shall not be
exclusive and are in addition to any other rights and remedies provided by law or under
this Contract.

The Commonwealth's failure to exercise any rights or remedies provided in this paragraph
shall not be construed to be a waiver by the Commonwealth of its rights and remedies in
regard to the event of defdult or any succeeding event of default.

Following eXhaustion of the Contractor's administrative remedies as set forth in Paragraph
19, the Contractor's exclusive remedy shall be to seek damages in the Board of Claims.

FORCE MAJEURE

Neither party will incur any liability to the other if its performance of any obligation under this Contract is
prevented or delayed by causes beyond its control.and without the fault or negligence of either party.
Causes beyond a party's control may include, but aren't limited to, acts of God or war, changes in
controlling law, regUlations, orders or the requirements of any governmental entity, severe weather
conditions, ciVil, disorders, natural disasters, fire, epidemics and quarantines, general strikes throughout the
trade, and freight embargoes.
,
The Contractor shall notify the Commonwealth orally within five (5) days and in writing within ten (10) days
of the date on which the Contractor becomes aware, or should have reasonably become aware, that
such cause would prevent or delay its performance. Such notification shall (i) describe fully such causers)
and its effect on performance, (ii) state whether performance under the contract is prevented or delayed
and [iii) if performance is delayed, state a reasonable'estimate of the duration of the delay. The Contractor
shall have the burden of proving that such causers) delayed or prevented its performance despite its
diligent efforts to perform and shall produce such supporting documentation as the Commonwealth may
reasonably request. After receipt of such notification, the Commonwealth may elect either to cancel the
Contract or to extend' the time fO!' performance os reasonably necessary to compensate for the
Contractor's delay.
'
In the event of a declared emergency by competent governmental authorities, the Commonwealth by
notice to the Contractor, may sLJspend all or a portion of the Contract.
18.

TERMINATION PROVISIONS

The Commonwealth has the right to terminate this Contract for any of the following reasons. Termination
shall be effective upon written notice to the Contractor.
a.

TERMINATION FOR CONVENIENCE: The Commonwealth shall have the right to terminate

the Contract for its convenience if the Commonwealth determines termination to be in its
best interest. The Contractor shall .be paid fO!' work satisfactorily completed prior to the'
effective date of the termination, but in no event shall the Contractor be entitled to
recover loss of profits.
b.

NON-APPROPRIATION: The Commonwealth's obligation to make payments during any
Commonwealth fiscal year succeeding the current fiscal yeOI' shall be subject to
availability and appropriation of funds. When funds (state and/or federal) are not
appropriated or otherwise made available to support continuation of performance in a
subsequent fiscal yeOI' period, the Commonwealth shall have the right to terminate the
contract. The contractor shall be reimbursed fO!' the reasonable value of any nonrecurring
costs incurred but not amortized in the price of the supplies or services delivered under this
contract. Such reimbursement shall not include loss of profit. bss of use of money, or
administrative or overhead costs. The reimbursement amount may be paid for any
appropriations available for that purpose

TERMINATION FOR CAUSE: The 'Commonwealth shall have the right to terminate th~

Contract for Contractor default under Pmagraph 16, Default, upon written notice to the

Commonwealth of Pennsylvania
STD·274
Rev. 4/22103

Contractor. The Commonwealth shall also have the right, upon written notice to the
Contractor, to terminate the Contract for other cause as specified in this Contract or by
law. If it is later determined that the Commonwealth erred in terminating the Contract for
cause, then, at the Commonwealth's discretion, the Contract shall be deemed to have
been terminated for convenience under the Subparagraph 18.a.

19.

20.

CONTRACT CONTROVERSIES

In the event of a controversy or claim arising from the Contract, the Contractor must,
within six months after the cause of action accrues, file a written claim with the contracting
officer for a determination. The claim shall state all grounds upon which the Contractor
asserts a controversy exists. If the Contractor fails to file a claim or files an untimely claim,
the Contractor is deemed to have waived its right to assert a claim in any forum.

The contracting officer shall review timely-filed claims and issue a final determination, in
writing, regarding the claim. The final determination shall be issued within 120 days of the
receipt of the claim, unless extended by consent of Jhe contracting officer and the
Contractor. The contracting officer shall send his/her written determination to the
Contractor. If the contracting officer fails to issue a final determination within the 120 days
(unless extended by consent of the parties), the claim shall be deemed denied. The
contracting officer's determination shall be the final order of the purchasing agency.

Within fifteen (15) days of the mailing date of the determination denying a claim or within
135 days of filing a claim if, no extension is agreed to by the parties, whichever occurs first,
the Contractor nuy file a statement of claim with the Commonwealth Board of Claims.
Pending a final judicial resolution of a controversy or claim, the Contractor shall proceed
diligently with the performance of the Contract in a manner consistent with the
determination of the contracting officer and the Commonwealth shall compensate the
Contractor pursuant to the terms of the Contract.

ASSIGNABILITY AND SUBCONTRACTING

Subject to the terms and conditions of this Paragraph 20, this Contract shall be binding
upon the parties and their respective succe,ssors and assigns.

The Contractor shall not subcontract with any person or entity to perform all or any part of
the work to be performed under this Contract Without the prior written consent of the
Contracting Officer. which consent maybe withheld at the sole and absolute discretion of
the Contracting Officer.
,

The Contractor may not assign, in whole or in part, this Contract or its rights, dutie~,
obligations, or responsibilities hereunder without the prior written consent of the
Contracting Officer, which consent may b withheld at the sole and absolute discretion of
the Contracting Officer.

Notwithstanding the foregoing, the Contractor may, without the consent of· the
Contracting Officer, assign its rights to payment to be received under the Contract"
provided that the Contractor provides written notice of such assignment to the
Contracting Officer together with a written acknowledgement from the assignee that any
such payments are subject to all of the terms and conditions of this Contract.

For the purposes of this Contract, the term "assigh" shall include, but shall not be limited
to, the sale, gift, assignment. pledge, or other transfer o~ any ownership interest in the
Contractor provided, however, that the term shall not apply to the sale or othel' transfer of
stock of a publicly traded company.

Any assignment consented to by the Contracting Officer shall be evidenced by a written
assignment agreement executed by the Contractor and its assignee in which the assignee

Commonwealth of Pennsylvania
STD·274
Rev. 4/22/03

agrees to be legally bound by all of the terms and conditions of the Contract and. to
assume the duties, obligations, and responsibilities being assigned.
g.

21.

A change of name by the Contractor, following which the Contractor's federal
identification number remains unchanged, shall not be considered to be an assignment
hereunder. The Contractor shall give the Contracting Officer written notice of any such
change of name.

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

During the term of the Contract, the Contractor agrees as follows:
a.

In the hiring of any employees for the manufacture of supplies, performance of work, or
any other activity required under the Contract or any subcontract, the Contractor,
subcontractor or any person acting on behalf of the Contractor or subcontractor shall not
by reason of gender, race, creed, or color discriminate against any citizen of this
Commonwealth who is qualified and available to perform the work to which the
employment relates.

Neither the Contractor nor any subcontractor nor any person on their behalf shall in any
manner discriminate against or intimidate any employee involved in the manufacture of
supplies, the performance of work or any other activity required under the Contract on
account of gender, race, creed, or color.

The Contractor and allY subcontractors shall establish and maintain a written sexual
harassment policy and shall inform theil' employees of the policy. The policy must contain a
notice that sexual harassment will not be tolerat ed and employees who practice it will be
disciplined

,d.

Th~ Contractor shall not discriminate by reason of gender, race, creed, or color against

any subcontractor or supplier who is qualified to perform the work to which the contract
relates.

22.

The Contractor and each subcontractor shall furnish all necessary employment documents
and records to and permit access to 'its books, records, and, accounts by the contracting
officer and the Department of General Services' Bureau of Contract Administration and
Business Development for purposes of investigation to ascertain compliance with the
provisions of this Nondiscrimination/Sexual Harassment Clause. If the Contractor or any
subcontractor does not possess documents or records reflecting the necessary information
requested, it shall furnish such information on reporting forms supplied by the contracting
officer or the Bureau of Contract Administration and Business Development

The Contractor shall include the provisions of this Nondiscrimination/Sexual Harassment
Clause in every subcontract so that such provisions will be binding upon each·
subcontractor.

The Commonwealth may cancel or terminate the Contract, and all money due or to
become due under the Contract may be forfeited for a violation of the terms and
conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the agency
may proceed with debarment or suspension and may place the Contractor in the
Contractor Responsibility File.

CONTRACTOR INTEGRITY PROVISIONS

For purposes of this clause only, the words "confidential information," "consent,"
"contractor," "financial interest," and "gratuity" shall have the following definitions.

Commonweallh of Pennsylvania
STD-274
Rev. 4/22103

1)
Confidential information means information that is not public knowledge, or
available to the public on request, disclosure of which would give an unfair, unethical, or
illegal advantage to another desiring to contract with the Commonwealth.
2)
Consent means written permission signed by a duly authorized officer or employee
of the Commonwealth, provided that where the material facts have been disclosed, in
writing, by prequalification, bid, proposal, or contractual terms, the Commonwealth shall
be deemed to have consented by virtue of execution of this agreement.
3)
Contractor means the individual or entity that has entered into the Contract with
the Commonwealth, including directors, officers, partners, managers, key employees and
owners of more than a five percent interest.
4)

Financial interest means:
aJ

Ownership of more than a five percent interest in any business; or

Holding a position as an officer, director, trustee, partner, employee, or the like,
or holding any position of management.

5)
Gratuity means any payment of more than nominal monetary value in the form of
cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits
of money, services, employment, or contracts of any kind.
b.

The Contractor shall maintain the highest standards of iritegrity in the performance of the
Contract and shall take no action in violation of state or federal laws, regulations, or other
requirements that govern contracting with the Commonwealth.

The Contractor shall not disclose to others any confidential information gained by virtue of
the Contract.

d.The Contractor shall not, in connection with this or any other agreement with the
Commonwealth, directly, or indirectly, offer, confer, or agree to confer any pecuniary
benefit on anyone as consideration for the decision, opinion, recommendation, vote,
other exercise of discretion, or violation of a known legal duty by any officer or employee
of the Commonwealth.
e.

The Contractor shall not, in connection with this or any other agreement with the
Commonwealth, directly or indirectly, offer, give, or agree or promise to give to anyone
any gratuity for the benefit of or at the direction or request of any officer or employee of
the Commonwealth.

Except with the consent of the Commonwealth, neither the Contractor nor anyone in
privity with him or her shall accept or agree to accept from, or give or agree to give to,
any person, any gratuity from any person in connection with the performance of work
under the Contract except as provided therein.
.

Except with the consent of the Commonwealth, the Contractor shall not have a financial
interest in any other contractor, subcontractor, or supplier providing services, labor, or
material on this project.

The Contractor, upon being informed that any violation of these provisions has occurred or
may occur, shall immediately notify the Commonwealth in writing.

The Contractor, by execution of the Contract and by the submission of any bills or invoices
for payment pursuant thereto, certifies, and represents that he or she has not violated any
of these provisions.

---------- ----

Commonwealth of Pennsylvania
Rev. 4/22/03
STD-274

23.

The Contractor, upon the inquiry or request of the Inspector General of the
Commonwealth or any of that official's agents or representatives, shall provide, or if
appropriate, make promptly available for inspection or copying, any information of any
type or form deemed relevant by the Inspector General to the Contractor's integrity or
responsibility, as those terms are defined by the Commonwealth's statutes, regulations, or
management directives. Such information may include, but shall not be limited to, the
Contractor's business or financial records, documents or files of any type or form which
refers to or concern the Contract. Such information shall be retained by the Contractor for
a period of three years beyond the termination of the Contract unless otherwise provided
bylaw.

For violation of any of the above provisions, the Commonwealth may terminate this and
any other agreement with the Contractor, claim liquidated damages in an amount equal
to the value of -anything received in breach of these provisions, claim damages for all
expenses incurred in obtaining another Contractor to complete performance hereunder,
and debar and suspend the Contractor from doing business with the Commonwealth.
These rights and remedies are cumulative, and the use or nonuse of anyone shall not
preclude the use of all 01' any other. These rights and remedies are in addition to those the
Commonwealth may have under law, statute, regulation, 01' otherwise.

•CONTRACTOR RESPONSIBILITY PROVISIONS
a.
The Contractor certifies, for itself and all its subcontractors, that as of the date of its
execution of this Bid/Contract, that neither the Contractor, nor any subcontractors, nor any
suppliers are under suspension 01' debarment by the Commonwealth or any governmental entity,
instrumentality, 01' authority and, if the Contractor cannot so certify, then it- agrees to submit, along
. with its Bid, a written explanation of why such certification cannot be made.
b.
The Contractor also certifies, that as of the date of its execution of this Bid/Contract, it has
no tax liabilities 01' other Commonwealth obligations.
The Contractor's obligations pursuant to these provisions are ongoing from and aftel' the
c.
effective date of the contract through the termination date thereof. Accordingly, the Contractor
shall have an obligation to inform the Commonwealth if, at any time during the term of the
Contract, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or
if it or any of its subcontractors are suspended or debarred by the Commonwealth, the federal
government, or any other state or governmental entity. Such notification shall be made within 15
days of the date of suspension or debarment.
d.
The failure of the Contractor to notify the Commonwealth of its suspension or debarment
by the Commonwealth, any other state, or the federal government shall constitute an event of
default of the Contract with the Commonwealth.
e.
The Contractor agrees to reimburse the Commonwealth for the reasonable costs of
investigation incurred by the Office of state Inspector General for investigations of the Contractor's
compliance with the terms of this or any other agreement between the Contractor and the
Commonwealth, which results in the suspension or debarment of the Contractor. Such costs shall
include, but shall not be limited to, salaries of investigators, including overtime; travel and lodging
expenses; and expert witness and documentary fees. The Contractor shall not be responsible for
investigative costs for investigatiollS that do not result in the Contractor's suspension or debarment.
f.
The Contractor may obtain a current list of suspended and debarred Commonwealth
contractors by either searching the internet at http://www.dgs.state.pa.us/debarment.htm or
contacting the:
Department of General Services
Office of Chief Counsel

Commonweallh of Pennsylvania
~TD-274
Rev. 4/22/03

603 l\lorth Office Building
Harrisburg, PA 17125
Telephone No. (717) 783-6472
FAX No. (717) 787-9138

24.

25.

AMERICANS WITH DISABILITIES ACT

Pursuant to federal regulations promulgated under the authority of The Americans With
Disabilities Act, 28 C.F.R. § 35.101 et seq., the Contractor understands and agrees that it
shall not cause any individual with a disability to be excluded from participation in this
Contract or from activities provided for under this Contract on the basis of the disability. ,As
a condition of accepting this contract, the Contractor agrees to comply with the "General
Prohibitions Against Discrimination," 28 C.F.R. § 35.130, and all other regulations
promulgated under Title II of The Americans With DisabilitieS Act which are applicable to all
benefits, services, programs, and activities provided by the Commonwealth of
Pennsylvania through contracts with outside contractors.
.

The Contractor shall be responsible for and agrees to indemnify and hold harmless the
Commonwealth of Pennsylvania from all losses, damages, expenses, claims, demands,
suits, and actions brought by any party agaiost the Commonwealth of Pennsylvania as a
result of the Contractor's failure to comply with the provisions of subparagraph a above.

HAZARDOUS SUBSTANCES

The Contractor shall provide information to the Commonwealth about the identity and hazards of
hazardous substances supplied or used by the Contractor in the performance of the Contract. The
Contractor must comply with Act 159 of October 5, 19'84, known as the "Worker and Community Right to
Know Act" (the "Act") and the regulations promulgated pursuant thereto at 4Pa. Code Section 301.1 et
seq.
a.

Labeling. The Contractor shall insure that each individual product (as well as the carton,
. container or package in which the product is shipped) of any of the following substances
(as defined by the Act and the regulations) supplied by the Contractor is clearly labeled,
tagged or marked with the information listed in Paragraph (1) through (4):
1)

Hazardous substances:
a)

The chemical name or common name,

A hazard warning, and

c) The name, address, and telephone number of the manufacturer.
2)

Hazardous mixtures:
a) The common name, but if none exists, then the trade name,
b) The chemical or common name of special hazardous substances comprising
.01% or more of the mixture,
c) The chemical or common name of hazardous substances consisting 1.0% or
more of the mixture,
d) A hazard warning, and
e) The name, address, and telephone number of the manufacturer.

Commonwealth of Pennsylvania
STD-274
Rev. 4/22/03

Single chemicals:
a) The chemical name or the common name,
b) A hazard warning, if appropriate, and
c) The name, address, and telephone number' of the manufacturer.

4) .

Chemical Mixtures:
a) The common name, but if none exists, then the trade name,
b) A hazard warning, if appropriate,
c) The name, address, and telephone number of the manufacturer, and
d) The chemical name or common name of either the top five substances by
volume or those substances consisting of' 5.0% or more of the mixture.

A common name or trade name may be used only if the use of the name more easily or
readily identifies the true nature of the hazardous substance, hazardous mixture, single '
, chemical.. or mixture involved.
Container labels shall provide a VIClrning as to the specific nature of the hazard arising
from the substance in the container.
The hazard warning shall be given in conformity with one of the nationally recognized and
accepted systems of providing warnings, and hazard warnings shall be consistent with one
or more of the recognized systems throughout the workplace. Examples are:
·NFPA 704, Identification of the Fire Hazards of Materials:
· Notional Paint and Coatings Association: Hazardous Materials Identification .
System.
·American Society for Testing and Materials, Safety Alert Pictorial Chart.
· American National Standard Institute, Inc., for the Precautionary Labeling of
Hazardous Industrial Chemicals.
Labels must be legible and prominently affixed to and displayed on the product and the
carton, containel', or package so that employees can easily identify the substance or
mixture present therein.
b.

Material Safety Data Sheet. The contractor shall provide Material Safety Data Sheets
(MSDS) with the information required by the Act and the regulations for each hazardous
substance or hazardous mixture. The Commonwealth must be provided an appropriate
MSDS with the initial shipment and with the first shipment after an MSDS is updated or
product changed. For any other chemical, the contractor shall provide an appropriate
MSDS, if the manufacturer', importer, or supplier produces or possesses the MSDS. The
'contractor shall also notify the Commonwealth when a substance or mixture is subject to
the provisions of the Act. Material Safety Data Sheets may be attached to the carton,
container, or package mailed to the Commonwealtl") at the time of shipment.

Commonwaallh of Pannsylvania
Rav. 4/22/03
STD·274

26.

COVENANT AGAINST CONTINGENT FEES

The Contractor warrants that no person or selling agency has been employed or retained to solicit or
secure the Contract upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, except bona fide employees or bona fide established commercial or selling agencies
maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty,
the Commonwealth shall have the right to terminate the Contract without liability or in its discretion to
deduct from the Contract price or consideration, or otherwise recover the full amount of such commission,
percentage, brokerage, or contingent fee.
27.

APPLICABLE LAW

This Contract shall be governed by and interpreted and enforced in accordance with the laws of the
Commonwealth of Pennsylvania (without regard to any conflict of laws provisions) and the decisions of the
Pennsylvania courts. The Contractor consents to the jurisdiction of any court of the Commonwealth of
Pennsylvania and any federal courts in Pennsylvania, waiving any claim or defense that such forum is not
convenient or proper. The Contractor agrees that any such court shall have in personam jurisdiction over it,
and consents to service of process in any manner authorized by Pennsylvania law.
28.

INTEGRATION

The Contract, including all referenced docurnents~ constitutes the entire agreement between the parties.
No agent, representative, employee or officer of either the Commonwealth or the Contractor has authority
to make, or has made, any statement, agreement or representation, oral or written, in connection with the
Contract, which in any way can be deemed to modify, add to or detract from, or otherwise change or
alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be
permitted to modify or contradict any of the terms and conditions of the Contract. No modifications,
alterations, changes, or waiver to the Contract or any of its terms shall be valid or binding unless
accomplished by a written amendment signed by both parties. All such amendments will be made using
the appropriate Commonwealth form.
29.

CHANGE ORDERS

The Commonwealth reserves the right to issue change orders at any time during the term of the Contract
or any renewals or extensions thereof: 1) to increase or decrease the quantities resulting from variations
between any estimated quantities in the Contract and actual quantities; 2) to make changes to the
services within the scope of the Contract; 3) to notify the Contractor that the Commonwealth is exercising
any Contract renewal or extension option; or 4) to modify the time of performance that'does not alter the
scope of the Contract to extend the completion date beyond the Expiration Date of the Contract or any
renewals or extensions thereof. Any such change order shall be in writing signed by the Contracting
Officer. The change order shall be effective as of the date appearing on the change order, unless the
change order specifies a later effective date. Such increases, decreases, changes, or modifications will
not invalidate the Contract, nor, if performance security is being furnished in conjunction with the Contract,
release the security obligation. The Contractor. agrees to provide the service in accordance with the
change order. Any dispute by the Contractor in regard to the performance required under any change
order shall be handled through Paragraph 19, "Contract Controversies".
For purposes of this Contract, "change order" is defined as a written order signed by the Contracting
Officer directing the Contractor to make changes authorized under this clause.

Rev. 10-19-01

EXHIBIT A-I
CONSTRUCTION PRODUCTS
RECYCLED CONTENT

(A)

REQUIREMENT

All construction products offered by the bidder, or included in the final produci offered by the bidder, and sold to the
Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown
below for the applicable products:

Construction Products
Structural Fiberboard
Laminated Paperboard
Ro.ck Wool Insulation
Fiberglass Insulation
Cellulose Insulation (loose-fill and spray-on)
Perlite Composite Board Insulation
Plastic Rigid Foam, Polyisocyanurate/
Polyurethane: Rigid Foam Insulation
Foam-in-Place Insulation
Glass Fiber Reintorced Insulation
Phenolic Rigid Foam Insulation
Floor Tiles (heavy duty/commerciaI use)
Patio Blocks
Polyester Carpet Fiber Face
Latex Paint:
--Consolidated 1
--Reprocessed :'
---"-White, Off-White, Pastel Colors
-----Grey, Brown, Earthtones, and
Other Dark Colors
Shower and Restroom Dividers/Partitions:

Carpet Cushion:
--Bonded Polyurethane
--Jute
-cSynthetic Fibers
--Rubber
Railroad Grade Crossing Surtaces
--Concrele
--Rubbel"
--SteeI 4

Material
Recovered Materials
Post-consumer Paper
Slag
GlassCuliet
Post-consumer Paper
Post-consumer Paper
Recovered Material

% of Post·
Consumer
Materials

% of Total
Recovered
Materials
80

100

75
20

75
23

,
Recovered Material
Recovered Material
Recovered Material
Rubber
Plastic
Rubber or Rubber Blends
Plastic or Plastic Blends
Polyethylene terephthalate (PET)
resin

5
'6

Recovered Material

100

Recovered Material
Recovered Material

20
50

Plastic
Steel 4

20
16
67

9
33

15
40

Old Carpet Cushion
Burlap
Carpet Fabrication Scrap
Tire Rubber
Coal Fly Ash
Tire Rubber
Steel

100

15
85
9
33

16
67

"Post -consumer" material is "material or finished product that has served its intended use and has been diverted or
recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part
of the broadel' category of recovered material."
"Recovered Materials" refers to waste materials and by-products which have been recoveced or diverted' from solid
waste, but does not include those materials and by-products generated fl'Om, and commonly reused within, an original
manufacturing process

1 Consolidated lalex painl used for covering graffiti. where color and consistency of performance are not primary concerns.
•
"Reprocessed latex painl used for interior and exterior architectural applications such as wallboard. ceiling, and trim; gutlerboards; and
concrete, stucco, masonry, wood, and metal surfaces,

"The recommended recovered materials content for rubber railroad grade crossing surfaces are based on the weight of Ihe raw
materials, exclusive of any additives such as binders or additives
4 The recommended recovered materials content levels for sleel in this table reflect the fact that the designated items can be made from
steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace lEAF). Steel from the BOF process contains 2530% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total at 100% recovered steel.
of which 67% is pas I-consumer,

Rev. 10-19-01

(B)

BIDDER'S CERTIFICATION

Bidder certifies that the construction product(s) which the bidder is offering contains the required minimum percentage of
consumer and recovered material content as shown above for the product.

(C)

pos~

MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by
the manutacturer before payment will be made to the successfui bidder for the delivered items. The enclosed
Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed
Manufacturer/MJII Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE
ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED
ITEM. '

(D)

ENFORCEMENT

Awarded bidders may be required, after delivery of the construction product(s), to provide the Commonwealth with documentary
evidence that the construction product(s) were in fact produced with the required minimum percentage of post-consumer and
recovered material content.

Rev. 10-19-01

EXHIBIT A-2
VEHICULAR PRODUCTS

RECYCLED CONTENT
(A)

REQUIREMENT

All vehicular products offered by the bidder, or included in the final product offered by the bidder, and sold to the
Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown
below for the applicable products:

Vehicular Product

Re-Refined Oil

Requirements

25% re-refined oil base stock for engine lubricating oils,
hydraulic fluids, and gear oils.

"Post-consumer" material is "material or finished product that has served its intended use and has been diverted or
recovered trom waste destined for disposal, having completed its life as a consumer item. Post-consumer material is
part of the broader category of recovered material."
"Recovered Materials" refers to waste materials and by-products which have been. recovered or diverted from solid
waste, but does not include those materials and by-prodUcts generated from, and commonly reused within, an original
manufacturing process.
.
"Re-refined oil" is oil that is manufactured with a minimum of twenty-five percent basestock made from used oil that has
been recovered and processed to make it reusable as oil. Once the oil has been refined, no difference can be
detected between re-refined and virgin oil.
.
(B)

BIDDER'S CERTIFICATION

Bidder certifies that the vehicular· product(s) which the bidder is offering contains the required minimum percentage of
consumer and recovered material content as shown above for the product.

(e)

pos~

MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by
the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed
Manufacturer/Mill Certification form must be used. Bidders are not required to subrnil the completed and signed
Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE
ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE
REFERENCED ITEM.

(0)

ENFORCEMENT

Awarded bidders may be required, after delivery of the vehicular product(s), to provide the Commonwealth with documentary
evidence that the vehicular product(s) were In fact produced with the required minimum percentage of pos~consumer and recovered
material content.

Rev. 10-19-01

ExnffiIT A-3
PAPER PIWDUcrS
RECYCLED CONTENT

(Aj

REQUIREMENT

All paper offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth
must contain the minimum percentage of post-consumer content as shown below for the applicable products:
Post-Consumer Content
Item
Notes
(%)
Printing and Writing Papers
Reprographic

Business papers such as bond, electrostatic,
copy, mimeo, duplicator and reproduction

Offset

Used for book pUblishing, commercial
printing, direct mail, technical documents,
and manuals

Tablet

Office paper such as note pads and
notebooks

Forms bond

Bond type papers used for business forms
such as continuous, cash register, sales
book, unit sets, aild computer printout,
excluding carbon less

Wove
Kraft, white and colored (including manila)
Kraft, unbleached
Excludes custom envelopes

Cotton fiber

High-quality papers used for stationery,
invitations, currency, ledgers, maps, and
other specialty items

Text and cover

Premium papers used for cover stock,
books, and stationery and matching
envelopes

.30

Supercalendered

Groundwood paper used for advertising
and mail order inserts, catalogs, and some
magazines

Machine finished groundwood

Groundwood paper used in magazines and
catalogs

Papeteries

Used for invitations and greeting cards

Check safety

Used in the manufacture of commercial
and government checks

Coated

Used for annual reports, posters, brochures,
and magazines. Have gloss, dull, or matte
finishes

Carbonless

Used for mUltiple-impact copy forms

File folders

Manila or colored

Dyed filing prodUcts

Used for multicolored hanging folders and
wallet files

Index and card stock

Used for index cards and postcards

Pressboard

High-strength paperboard used in binders
and report covers

Tags and tickets

Used for toll and lottery tickets, licenses, and

Envelope

,
10

Rev. 10-19-01
identification and tabulating cards

Newsprint

Groundwood paper used in newspapers

Bathroom tissue

Used in rolls or sheets

Paper towels

Used in rolls or sheets

Paper napkins

Used in food service applicafions

Facial tissue

Used for personal care

Genera~purpose

Used in cleaning and wiping applications

Newsprint
Commercial Sanitarv Tissue Products

ind ustrial wipers
Paperboard and Packaging Products

Corrugated containers

Used for packaging and shipping a variety
of goods

«300 psi)
(300 psi)
Solid fiber boxes

Folding cartons

25
25
40
Used for specialized packaging needs such
as dynamite packaging and army ration
boxes
Used to package a wide variety of foods,
household products, cosmetics,
pharmaceuticals, detergent. and hardware

Industrial paperboard
Used to create tubes, co(es, cans and
drums
Miscellaneous

75
Includes "chipboard" pad backings, book
covers, covered binders, mailing tubes,
game boards, and puzzles

Padded mailers

Made from krafi popel" that is' usually bl"own
but can be bleached white

Carrierboard

A type of folding carton designed for
multipack beverage cartons

Bl"own papers

Used for bags and wrapping paper

Miscellaneous Paper Products

Tray liners

Used to line food service trays. Often
contain printed information.

"Post -consumel"" content is "materal or finished product that has served its intended use and· has been diverted or
recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer content is part
of the broader categolY of recovered materiaL"
.
The Commonwealth of Pennsylvania recognizes that papel" products are universally made with scrap material
recovered fwm the manufactul"ing process; use of such materials is a standard practice, both efficient and economical
for the paper maker; therefol"e, bidders of paper products need not certify that their products are made with "preconsumer," "recovered." 01" "secondary" popel" fiber.

Rev. 10-19-01

(B)

BIDDER'S CERTIFICATION

Bidder certifies that the paper product(s) which the bidder is offering contains the required minimum percentage of poskonsumer
content as shown above for the product.

(C)

MANUFACTURER/MILL CERTIFICATION
.

In addition to the Bidders Certification in Subsectior) (B), a mill certification must be completed and signed by the mill
before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill
Certification form must be used. Bidders are not required to submit the completed dnd signed Manufacturer/Mill
Certification form with their bids._THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A
PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.
(D)

ENFORCEMENT

Awarded bidders may be required, after delivery of the paper product(s), to provide the Commonwealth with documentary evidence
that the paper product(s) were in fact produced with the required minimum percentage of post-consumer content.

Rev. 10-19-01

EXHIBIT A-4
LANDSCAPING PRODUCTS
RECYCLED CONTENT

(A)

REQUIREMENT

All landscaping products offered by the bidder, or included in the final product offered by the bidder, and sold to the
Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown
below for the applicable products:
.
Landscaping Products
Hydraulic Mulcll:
------ Paper
----- Wood/Paper
Compost Made From
Yard Trimmings and/or
Food Waste

Recovered Material Content

100% (post-consumer)
100% (total)
Purchase or use compost made from yard trimmings, leaves, grass
clippings and/or food wastes'for applications such as landscaping,
seeding of grass or other plants, as nutritious mulch under trees and
shrubs, and in erosion control and soil reclamation. OGS further
recommends implementing a composting system for these materials
when agencies have an ade:tuate volume and sufficient space.

Garden Hose:
-----Rubber and/or Plastic

60% (post-consumer)

Soaker Hose:
-----Rubber and/or Plastic

60% (post-consumer)

Lawn and Garden Edging:
------ Rubber and/or Plastic

30% (post-consumer)/30-100% (total)

Landscaping Timber and Posts:
------HOPE'
-----Mixed Plastics/Sawdust
------ HOPE/Fiberglass
------Other mixed Resins

25%
50%
75%
50%

(post-consumer)
(post-consumer)
(post-collSumer)
(post-cons'umer)

+ 50%
+ 50%
+ 20%
+ 45%

(recovered)
(recovered)
(recover~d)

(recovered)

"Post -consumer" material is "material or finished product that has served its intended use and has been diverted or
recovered from waste destined for disposal. having completed it life-as a consumer item. Post-consumer material is part
of the broader category of recovered material."
"Recovered Materials" refers to waste materials and by-products which have been recovered or diverted from solid
waste, but does 'not include those materials and by-products generated from, and commonly reused within, an original
manufacturing process
(B)

BIDDER'S CERTIFICATION

Bidder certifies that the landscaping product(s) which the bidder is offering contains the required minimum percentage of
consumer and recovered material content as shown above for the product.
(C)

pos~

MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by
the manufacturer before payment will be made to the successtul bidder for the delivered items. The enclosed
Manufacturer/Mill Certification form must be used. Bidders are 110t required to submit the completed and signed
Manufacturer/Mill Certification torm with theil' bids. THE COMMONWEALTH'SHALL HAVE NO OBLIGATION TO PAY FOR THE
lTEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED
ITEM.
(0)

ENFORCEMENT

Awarded bidders may be required, after delivery of the landscaping product(s), to provide the Commonwealth with documentary
evidence that the landscaping product(s) were in fact produced with the required minimum percentage of pos1:-consumer and
recovered material content.

Rev. 10-19-01

EXHIBIT A-5
MISCElLANEOUS PRODUCTS
RECYCLED CONTENT
(A)

REQUIREMENT

All miscellaneous products offered by the bidder, or included in the final product offered by the· bidder, and sold to the
Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown
below for the applicable products:
Miscellaneous Products
1;\ wards and Plaques
---GlOss
--Wood
---Paper
- - - - Plastic and Plastic/Wood Composites
Industrial Drums
---steeP
---Plastic (HDPE)
--Fiber (paper)
Mats
---------Ru bber
--------Plastic
---------Rubber/Plastic Composite
Pallets
--------Wood
--------Plastic
--------Thermoformed
------Paperboard
Signage
-------Plastic
---------Aluminum
-------Plastic Sign Posts/Supports
--------Steel Sign Posts/Supporfs2
Sorbents
---------Paper
------Textiles
---------Plastics
-------Wood 3
------Other Organics/Mulfimaterials 4
Manua~Grade Strapping
- - - Polyester
- - - Polypropylene
----SteeI 2

Recovered Malerial Conlenf
75% (post-consumer) + 25% (recovered)
100% (total)
40% (post-consumer)
50% (post-consumer) + 45% (recovered)
16% (post-consumer) + 9% (recovered)
30% (post-consumer)
100% (post-consumer)
75% (posf-consumer) +10% (recovered)
10% (post-consumer) + 90% (recovered)
100% (post-consumer)
95% (post-consumer)
100% (post-consumer)
25% (post-consumer)
. 50% (post-consumer)
80% (post-consumer)
25% (post-consumer)
80% (post-consumer)
16% (post-cojlsumer) + 9% (recovered)
67% (post-consumer) + 33% (recovered)
90% (post-consumer) +10% (recovered)
95% (post-consumer)
25% (total)
100% (total)
I
100% (total)
50% (post-consumer)
10% (total)
16% (post-consumer) +9% (recovered)
67% (post-consumer) +33% (recovered)

"Post -consumer" material is "material or finished product that has served its intended use and has been diverted or
recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part
of the broader category of recovered materiaL"
"Recovered Materials" refers to wasfe materials and by-products which have been recovered or diverted tom solid
waste, but does not include those materials and by-products generated from, and commonly reused within, an original
manUfacturing process
.

'Steel used in steel drums is manufactured using the Basic Oxygen Furnace IBOFj process, Which contains 25-30% total recovered material.
of which 16% is post-consumer steel. Si eel used in manual-grade strapping is manutactured using either the BOF process or the Electric
Arc Furnace (EAFj process. which contains 100% total recovered materials, of which 67% is post-consumer sieel.
2The recommended recovered materials content levels for steel in this table reflect the fact that the designafed items can be made from
sfeef,manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace lEAF). Sfeel from the BOF process contains 25-30%
fatal recovered materials, of which 16% is post-consumer sleel. Steel from the EAF process contains a tolal of 100% recovered steel. of
which 67% is post-consumer.
3 "Wood" includes materials such as sawdust and lumber mill trimmings.
4 Examples of other organics include, but are not limited to. peanuf hulls and corn stover. An example of muliimaterial sorbents would
include. but noloe limited to. a polymer and cellulose fiber combination.
2The recommended recovered materials content levels for steel in this table reflect the iact that the designated items can be made from
sfeel manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30%
total recovered materials. of which 16% is posf-consumer steel. Steel from the EAF process contains a total of 100% recovered steel. of
which 67% is posl-consumer.

Rev. 10-19-01

(B)

BIDDER'S CERTIFICATION

Bidder certifies that the miscellaneous product(s) which the bidder is offering contains the required minimum percentage of pos~
consumer and recovered material content as shown above for the product.

(C)

MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by
the manufacturer before payment will be made to the successful bidder for the delivered items. The enClosed
Manufacturer/Mill Certification form must be used. Bidders are not requi,"ed to submit the completed and signed
Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE
ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED
ITEM.

(D)

ENFORCEMENT

Awarded bidders may be required, after delivery of the miscellaneous product(s), to provide the Commonwealth with documentary
evidence that the miscellaneous product(s) were in fact produced with the required minimum percentage of poslconsumer and
recovered material content.

Rev. 10-19-01 '

EXHIBIT A-6
NONPAPER OFFICE PRODUCTS
RECYCLED CONTENT
(A)

REQUIREMENT

All nonpaper office products offered by the bidder, or included in the final product offered by the bidder, and sold to
the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as
shown below for the applicable products:

Recovered Material Content
Nonpaper Office Product
Recycling Containers and Waste Receptacles:
---Plastic
----steeP
---Paper
------------Corrugated
-----------Solid Fiber Boxes
-----------Industrial Paperboard

20% (post-consumer)
16% (post-consumer) +9% (recovered)
25% (post-consumer)
40% (post-consumer)
40% (post-consumer) + 60% (recovered)

Plasiic Desktop Accessories (polystyrene) including desk
organizers, sorters, and trays, and memo, note, and pencil holders.

25% (post-consumer)

Binders:
-----Plastic-Covered
---Paper-Cove:ed
---Pressboard
--Solid Plastic
---------H DPE
----------P E
-------PET
-----------Misc. Plastics

90% (post-consumer)
30% (post-consumer)
100% (post-consumer)
80% (post-consumer)

Trash Bags (plastic)

10% (post-consumer)

Toner Cartridges

Return u,sed toner cartridges for remanufacturing
and reuse or purchase a remanufactured or
recycled-content replacement cartridge.

Printer Ribbons

Procure printer ribbon rein king or reloading services
or procure reinked or reloaded printer ribbons.

Plastic Envelopes

25% (post-consumer)

Plastic Clipboards:
----------HDPE
------------PS
------------Misc. Plastics

90% (post-consumer)
50% (post-consumer)
15% (post -consumer)

25%
75% (post-consumer) + 15% (recovered)
20% (post-consumer) + 30% (recovered)

Plastic File Folders
-----------H DPE

90% (post-consumer)

Plastic Clip Portfolios
--------H DPE

90% (post-consumer)

Plastic Presentation Folders

90% (post-consumer)

-----••----- HDPE

"Post-consumer" material is "material or tinished product that has served its intended use and has been diverted or
recovered from waste destined for disposal. having completed it life as a consumer item. Post-consumer material is part
of the broader category of recovered material."
.

I The recommended recovered molerials conlent levels tor steel in this table reflect lhe tact lhal the designated item is made trom steel
manUfactured from in a Basic Oxygen Furnace IBOFI. Steel from the BOF process contains 25·30% tolal recovered materials. of which 16%
is post-consumer steel.

Rev. 10-19-01

"Recovered Materials" refers to waste materials and by-products which have been recovered or diverted from SJlid
waste, but does not include those materials and by-products generated from, and commonly reused within, an original
manufacturing process
(B)

BIDDER'S CERTIFICATION

Bidder certifies that the nonpaper office products which the bidder is offering contains the required minimum percentage of
consumer and recovered material content as shown above for the product.
-

(C)

pos~

MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), manufacturer ceriification must be completed and signed by
lhe manufacturel' before payment will be made to the successful bidder for the delivered items. The enclosed
Manufacturer/Mill Certification form must be used, Bidders are not required to submit the completed and signed
Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHAll HAVE NO OBLIGATION TO PAY FOR THE
ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED

(D)

ENFORCEMENT .

Awarded bidders may be required, after delivery of the paper, to provide the Commonwealth with documentary evidence that the
nonpaper office product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material
content.

?'"
--'

Rev, 10-19-01

EXHIBIT A-7
PARK & RECREATION PRODUcrS
RECYCLED CONTENT

(A)

REQUIREMENT

All park and recreation products offered by the bidder, or included in the final product offered by the bidder, and sold
to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as
shown below for the applicable products:

ParI, & Recreation Product
Park Benches & Picnic Tables:
-----Plastic 2
-----Plaslic COlllposites
-----Aluminum
-----Concrete
-----Steel'
Piastic Fencing for Specified Uses
Playground Equipment
-----Plastic 3
-----Plastic Composites
-----Steef
-----Aluminum
Playground Surfaces:
-----Plastic 01' Rubber
Rwming Tracks:
-----Plastic 01' Rubber

Recovered Material Content]
90% (post-consumer) + 10% (recovered)
50% (post-consumer) + 50% (recovered)
25% (post-consumer)
15% (total)
16% (post-consumer) + 9% (recovered)
67% (nost-consumer) + 33% (recovered)
60% (post-consumer) + 30% (recovered)
90% (post-consumer) + 10% (recovered)
50% (post-consumer) -1:'45% (recovered)
16% (post-consumer) + 9% (recovered)
67% (post-consumer) + 33% (recovered)
25% (post-con'sumer)
90% (post-consumer)
90% (post-consumer)

"Post-consumer" material is "material or finished product that has served its intended use and has been diverted or
recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part
of the broader category of recovered material."
"Recovered Materials" refers to waste materials and by-products which have been recovered or diverted from solid
waste, bLi"t does not include those materials and by-products generated from, and commonly reused within, an original
'
manufacturing process

(B)

BIDDER'S CERTIFICATION

Bidder certifies that the park and recreational product(s) which the bidder is offering contains the required minimum percentage of
post-consumer and recovered material content as shown above for the product.,

(C)

MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by
the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed
Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed
Manufacturer/Mill Certification form with theil' bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE
ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED
ITEM.
'
'
(D)

'ENFORCEMENT

Awarded bidders may I:e reqUired, after delivery of the park and recreational product(s), to provide the Commonwealth with
documentary evidence that the park and recreational product(s) were in fact produced with the required minimum percentage of
post-consumer and recovered material content.

I The recommended recovered materials conlentlevels are based on the dry weight of the raw malerials, exclusive 01 any additives such
as adhesives, binders, or coloring agents,
2 "Plastic" includes both single and mixed plastic resins, Park behches and picnic tables made wil,h recovered plastic may also contain
other recovered materials such as sawdust. wood, or fiberglass, The percenlage of these materials conlained in the product would also
counl toward the recovered materials content level of lhe item.
•
3The'recommended recovered materials content levels for steel in lhis table reflect lhe fact lhat lhe designated items can be made from
steel manufactured from either a Basic Oxygen Furnace IBOF) or an Electric Arc Furnace (AF), Sleel lrom lhe BOF process contains 2530% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a tolol of 100% recovered sleet
of which 67% is post-consumer.
4 Designalion includes fencing containing recovered plaslic for use In controlling snow or sand drifting and as a warning/safety barrier in
conslruction or other applications,

Rev. 10-19-01

EXHIBIT A-S
TRANSPORTATION PRODUCTS
RECYCLED CONTENT

(A)

REQUIREMENT

All transportation products offered by the bidder, or included inthe final product offered by the bidder, and sold to the
Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown
below for the applicable products:
TransDortation Products
Traffic Cones:
-----Plastic (PVC and LOPE)
-----Crumb Rubber
Traffic Barricades (type I and II only):
-----Plastic (HDPE, LDPE, PET)
-----Stee12
-----Fiberglass
Parking Stops:
-----Plastic and/or Rubber
-----Concrete Containing Coal Fly Ash

-----Concrete Containing Ground
Granulated Blast Furnace Slag
Traffic Control Devices:
-----Channelizers:
--------Plastic
---------Rubber (base only)
-Delineators:
---------Plastic
---------Rubber (base only)
--------Steel (base only)2
-----Flexible Delineators

Recovered Material Contenf

50% (recovered)
50% (recovered)
80% (post-consumer) + 20% (recovered)
16% (post -consumer) + 9% (recovered)
67% (post-consumer) + 33% (recovered)
100% (recovered)
100% (recovered)
20% (recovered)
15% when used as a partial cement replacement as an admixture in
concrete.
25% (recovered)

25% (post-consumer)
100% (post-consumer)
25% (post-consumer)
100% (post-consumer)
16% (post-consumer) + 9% (recovered)
67% (post-consumer) + 33% (recovered)
25% (post-consumer)

"Post-consumer" material is "material or finished product that has served its intended use and has been diver1ed or
recovered trom waste destined for disposal. having completed it life as a consumer item. Post-consumer material is pari
of the broader category of recovered materiaL"
"Recovered Materials" reters to waste materials and by-products which have been recovered or divelied trom solid"
waste, but does not include those materials and by-products generated from, and commonly reused within, an original
manufacturing process
(BJ

BIDDER'S CERTIFICATION

Bidder certifies that the transportation product(s) which the bidder is offering contains the required minimum percentage of
consumer and recovered material content as shown above for the product.

(e)

pos~

MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by
the manufacturer before payment will be made to 'the successful bidder for the delivered items. The enclosed
Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and igned
Manufacturer/Mill Certification form with theil' bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE
ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED
ITEM.
(D)

ENFORCEMENT

Awarded bidders may be required, after delivery of the transportation'product(s), to provide the Commonwealth with documentary
evidence that the transportation product(s) were in fact produced with the required minimum percentage of post-consumer and
recovered material content.

I Contenllevels are based on Ihe dry weigh! of the raw materials. exclusive of any additives such as adhesives. binders. or coloring
agents.
2The recommended recovered materials content levels for steel in this table refledlhe fact Ihat the designated items can be made from
sleel manufactured from either a Basic Oxygen Furnace (BOF) or an Eiectric Arc Furnace (EAF). Steel from the BOF process contains 2530% tolal recovered materials. of which 16% is post-consumer steel. Steel from the EAF process contains a tolal of 100%recovered steel.
of which 67% is post-consumer.

Rev. 10-19-01

MANUFACTURER/MILL CERTIFICATION

(To be submitted with invoice for each order)
TO BE COMPLETED BY MANUFACTURER/MILL:
NAME OF MANUFA CTURER/MILL:_---,-

ADDRESS OF MANUFACTURER/MILL:
FEDERAL EMPLOYER J.D. NO.:

CONTRACT OR REQUISITlON NO.
NAME OF CONTRACTOR:

_
---,-

ADDRESS OF CONTRACTOR:

_
_

TVTle ofprodllcf(S) which the manufacturer/mill furnished to the contractor:

CERTIFICATION: I, the undersigned officer of the above-named manufacturer/mill. do hereby certify that I am
authorized to provide this certification on behalf of the above-named manufacturer/mill and that the 1J!Jl.fL!1i.
product{s) listed above wl:ich my company fumished to the contractor named above for the referenced contract or
purchase requisition, contained not less than
% post-consumer materials and
% recovered materials
as, those terms are defined in the invitation for bids. I understand that this document is subject to the provisions of
the Unsworn Falsification of Authorities Act (18 P.S. Section 4904).

Signature

Narne of Signatory

Title

Date

PA Contract with MCI Worldcom 2007

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