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RFP 6.1.B. - Page 30 <br /> previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies. <br /> It includes the Proposer's record of conforming to specifications and standards of good workmanship. <br /> The Proposer's history for reasonable and cooperative behavior and commitment to member satisfaction <br /> shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer's <br /> businesslike concern for the interests of the NJPA Member. <br /> G. WAIVER OF FORMALITIES <br /> 7.32 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept <br /> proposals,which, in its discretion and according to the law,may be in the best interest of its members. <br /> 8. POST AWARD OPERATING ISSUES <br /> A. SUBSEQUENT AGREEMENTS <br /> 8.1 Purchase Order- Purchase Orders for goods and services may be executed between NJPA or NJPA <br /> Members (Purchaser) and awarded Vendor(s) or Vendor's sub-contractors pursuant to this invitation and <br /> any resulting Contract. NJPA Members are instructed to identify on the face of such Purchase orders that <br /> "This purchase order is issued pursuant to NJPA procurement contract#XXXXXX." A Purchase Order is <br /> an offer to purchase goods and services at specified prices by NJPA or NJPA Members pursuant to a <br /> Contract resulting from this RFP. Purchase Order flow and procedure will be developed jointly between <br /> NJPA and an Awarded Vendor after an award is made. <br /> 8.2 Governing Law- Purchase Orders, as identified above, shall be construed in accordance with, and <br /> governed by,the laws of a competent jurisdiction with respect to the purchaser. Each and every provision <br /> of law and clause required by law to be included in the Purchase Order shall be read and enforced as <br /> though it were included. If through mistake or otherwise any such provision is not included, or is not <br /> currently included, then upon application of either part the Contract shall be physically amended to make <br /> such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase <br /> Order(s) shall be a court of competent jurisdiction to the Purchaser. <br /> 8.3 Additional Terms and Conditions- Additional terms and conditions to a Purchase Order may be <br /> proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is <br /> OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is <br /> to, among other things; formerly introduce job or industry specific requirements of law such as prevailing <br /> wage legislation. Additional terms and conditions can include specific local policy requirements and <br /> standard business practices of the issuing Member. Said additional terms and conditions shall not interfere <br /> with the general purpose and intent of this RFP. <br /> 8_4 Asset Management Contracts: Asset Management type contracts can be initiated pursuant to a <br /> Contract resulting from this RFP at any time during the term of said Contract. The establishment of such <br /> Asset Management Contracts cannot exceed the authorized term of a Contract resulting from this RFP; <br /> however the Asset Management Contract term may extend beyond the maturity date of a Contract <br /> resulting from this RFP. <br /> 8.5 Specialized Service Requirements- In the event service requirements or specialized performance <br /> requirements such as e-commerce specifications, specialized delivery requirements, or other <br /> specifications and requirements not addressed in the Contract resulting from this RFP,NJPA Member and <br /> Vendor may enter into a separate, stand alone agreement, apart from a Contract resulting from this RFP. <br /> Any proposed service requirements or specialized performance requirements require pre-approval by <br /> Vendor. Any separate agreement developed to address these specialized service or performance <br /> requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and <br /> employees shall not be made party to any claim for breach of such agreement. Product sourcing is not <br /> considered a service. NJPA Members will need to conduct procurements for any specialized services not <br /> identified in this Contract. <br /> 27 of 47 <br />