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Revised: April 27, 2006

Purchase Order Terms and Conditions

UNIVERSITY OF FLORIDA
PAYMENT TERMS

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

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

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

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

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

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

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

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

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

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

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

OTHER TERMS

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

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

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

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

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


SPECIAL TERMS AND CONDITIONS

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

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

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

    Anti-Kickback Procedure 52.203-7
    Buy American Act and Balance of Payments Program 52.225-01
    Contract Work Hours and Safety Stds. Act-Overtime Compensation 52.222-4
    Equal Employment Opportunity 52.222-26
    Integrity of Unit Prices 52.215-14
    Notice to the Government of Labor Disputes 52.222-1
    Preference for U.S.-Flag Air Carriers 52.247-63
    Restrictions on Subcontractor Sales to the Government 52.203-6
    Service Contract Act of 1965 Reserved  
    Termination for Convenience of Gov't
    (Education and other Nonprofit institutions)
    52.249-5
    Restrictions on Certain Foreign Purchases 52.225-13
    Limitation on Payments to Influence Certain Federal Transactions 52.203-12

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

    Affirmative Action for Workers with Disabilities 52.222-36

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

    Affirmative Action for special disabled and Vietnam era veterans  
    Employment Reports on special disabled veterans
    and veterans of the Vietnam era
    52.222-37
    Utilization of Small Business Concerns 52.219-8
    Walsh-Healey Public Contracts Act

    52.219-8
    52.222-20

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

    Authorization and Consent 52.227-1
    Notice and Assistance re: Patent and Copyright Infringement 52.227-2
    Preference for Privately Owned U.S.-Flag Commercial Vessels 52.247-64
    Utilization of Labor Surplus Area Concerns 52.220-3
    Women-Owned Businesses 52.204-5
    Audit - Negotiation 52.215-2
    Instruction to Offerors - competitive 52.215-1
    Protecting the Government's Interest when Subcontracting
    with Contractors, Debarred, Suspended or Proposed for Debarrment
    52.209-6

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

    Hazardous Material Identification and Material Safety Data
    When Subcontract involves hazardous material
    52.223-3
    Reporting of Oversees Subcontracts
    When Subcontract amount exceeds $100,000 (DOD only)
    252.204-7005
    Filing of Patent Applications - Classified Subject Matter
    When the subcontract or purchase order involves experimental research
    and development work
    52.227-10
    NOTE: 52.227-11 applies to small businesses and non-profit organizations;
    52.227-12 applies to others
    Rights in Technical Data and Computer Software
    When subcontracted includes technical data or software acquisition
    requirements, (DOD only)**
    252.227-7013
    Restrictive Markings on Technical Data Same as ** above 252.227-7018
    Validation of Restrictive Markings on Technical Data Same as ** above 252.227-7037
    Security Requirements
    When the subcontract involves access to classified information
    52.204-2
    Special Prohibition of Employment
    If the subcontract amount exceeds $25,000. (DOD only)
    252.203-7001

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



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