PO Terms and Conditions

Failure on the part of the vendor to comply with all of the following terms and conditions will relieve EVMS of any payment obligations. Furthermore, EVMS may elect at our discretion to return all or part of products and equipment shipped against this order. The vendor issued on the purchase order will be responsible for any cost (postage, freight, restocking charges, etc.) Associated with such a return. This includes returns to third party direct manufacturers.

1. All orders are by purchase order only. Vendor should maintain a copy of the purchase order for his records in case of variances.
2. Items are not to be substituted or changed without written authority from EVMS by a change order (revised PO) being issued.
3. Quantities and dollars are not to exceed those indicated without a change order (revised PO) being issued. EVMS will not accept overages or duplication in shipments.
4. Goods and services delivered must be strictly in accordance with documents referred to and shall not deviate in any way from terms, conditions or specifications of the contract. Equipment, materials and/or supplies delivered on this order shall be subject to inspection and test upon receipt. If rejected, those items shall remain the property of the vendor.
5. Freight is “FOB destination” unless otherwise specified. The medical school accepts title only when goods are received and accepted regardless of the FOB point. Delivery by the vendor to a common carrier does not constitute delivery to the medical school. Any claim for loss or damage incurred during delivery is between the vendor and the carrier.
6. In the absence of other contractual terms, payment term shall be “Net 30 Days” after receipt of proper invoice, or material/service, whichever is later.
7. If discount for prompt payment is allowed, the discount period will begin on the date of receipt of proper invoice, or material/service, whichever is later.
8. Term of contract exceeding the normal 12-month period (July 1 – June 30) is considered multi-year and are subject to availability of funds.
9. Orders or contracts may be canceled, in whole or in part, without a vendor’s consent due to convenience. There are no additional costs or financial obligations to the medical school upon termination for convenience. The medical school also reserves the right to cancel all contracts with any vendor, which fails to perform for any one contract.
10. In case of default by the successful contractor, or failure to deliver the goods/services ordered by the time specified, EVMS after due notice (oral or written), may procure them from other sources and hold vendor responsible for any excess cost occasioned thereby.
11. Vendor cannot assign a contract in whole or in part without the prior written consent of the medical school.
12. Vendor, by acceptance of the purchase order, confirms that the company and any subcontractors involved has obtained and will maintain the insurance required by law to perform the type of work required during the entire term of the contract. This includes workers’ compensation at statutory benefit levels with employer’s liability at $1,000,000, commercial general liability with limits at $1,000,000 per occurrence and EVMS listed as additional insured for both premises and completed operations, commercial auto liability with limits at $1,000,000 per accident, pollution liability with a minimum limit of $1,000,000 per claim with no exclusion for mold/fungus/microbial water, and where applicable professional liability/errors and omissions insurance with limits of $1,000,000.
13. Vendor, by acceptance of the purchase order, confirms that the company and subcontractors involved in construction or facility improvements exceeding $100,000 will provide the following:

• A bid guarantee equivalent to five percent of bid price as assurance that the bidder upon acceptance of his bid, execute such contractual documents as may be required within the time specified.
• A performance bond on the part of the contractor for 100 percent of the contract price to secure fulfillment of all the contractor’s obligations under such contract.
• A payment bond on the part of the contractor for 100 percent of the contract price to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract.
• Bonds shall be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223, “Surety Companies Doing Business with the United States.”

14. Vendor, by acceptance of the purchase order, confirms that the company is properly licensed and registered and has obtained the necessary permits to perform services as required by state statutes and any related regulatory agencies.
15. Vendor, by acceptance of the purchase order, confirms that during the performance of any contract on EVMS property, the contractor agrees to provide, notify their employees of, and enforce a drug-free workplace.
16. Vendor, by acceptance of the purchase order, confirms that the product(s) furnished meets all applicable safety standards of the Commonwealth of Virginia.
17. Vendor, by acceptance of the purchase order, confirms that the company is in compliance with the Civil Rights Act of 1964, as amended as well as the Virginia Fair Employment Contracting Act of 1975 as amended, where applicable.
18. Vendor, by acceptance of the purchase order, confirms that the company is not on the Department of Health And Human Services (HHS) and Office of Inspector General’s (OIG) monthly list of excluded individuals/entities from providing medical services and supplies to Medicare, Medicaid or other federal health-care program participants.
19. Vendor, by acceptance of the purchase order, confirms that should the company perform work which requires it to have access to EVMS protected health information (PHI), it will ensure the integrity and confidentiality of PHI; protect against any reasonably anticipated threat or hazards to the integrity or confidentiality of PHI; and ensure compliance by their officers and employees in addition to any other guidelines pertaining to business associates as mandated by the Health Insurance Portability And Accountability Act of 1996 (HIPAA).
20. Vendor, by acceptance of the purchase order, confirms that EVMS shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts and transcriptions as required.
21. Vendor, by acceptance of the purchase order, confirms that the company’s products and/or services are in compliance with the Information Technology Access Clause. VA code 2.2-3503 as it is applicable regarding information technology contracts.
22. Vendor, by acceptance of the purchase order/contract, confirms that the company is in compliance with the following federal guidelines as applicable:

• Equal employment opportunity
• Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c)
• Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)
• Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)
• Rights to inventions made under a contract or agreement
• Clean Air Act (42 U.S.C. 7401 et seq.) And the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended
• Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)
• Debarment and Suspension (E.O. 12549 and E.O. 12689)
• Immigration Reform and Control Act of 1986 (8 U.S.C. 1101 note)

23. Vendor by acceptance of this Purchase Order/Contract, confirms that the company shall abide by the requirements of 41 CFR 60-1.4(A). This regulation prohibits discrimination against qualified individuals on the basis of race, color, religion, sex, or national origin, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals without regard to their race, color, religion, sex, or national origin.
24. Vendor by acceptance of this Purchase Order/Contract, confirms that the company shall abide by the requirements of 41 CFR 60-300.5(A). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.
25. Vendor by acceptance of this Purchase Order/Contract, confirms that the company shall abide by the requirements of 41 CFR 60-741.5(A). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.
26. This purchase order/contract shall be governed in all respects, whether as to validity, construction, capacity, performance, or otherwise in accordance with the laws of the Commonwealth of Virginia. This includes settlement of all disputes.
27. This purchase order constitutes EVMS' offer to vendor and, upon acceptance by vendor, the terms and conditions contained herein shall become a binding contract. In the event that EVMS and vendor enter into a separate written agreement, the parties shall be bound, to the maximum extent possible, to both the provisions of such agreement and this purchase order. In the event of any inconsistency or conflict between the terms of such agreement and the purchase order, the terms of the agreement shall prevail.
28. EVMS is established as a public instrumentality, public body politic and corporate and political subdivision of the Commonwealth. VA Code 23.1-3001. Thus may participate as an authorized user of state contracts. VA Code 2.2-4304.
29. The provisions of the Virginia Public Procurement Act (VA Code 2.2-4300) do not apply to EVMS VA Code 23.1-3012.
30. EVMS is exempt from all personal property and other similar taxes and governmental charges associated with the ownership and daily rental of equipment. VA Code 58.1-3606 and 58.1-3510.6.
31. Deliveries against this order must be free of any excise or transportation taxes.
32. EVMS is exempt from sales tax and tax relating to catering and other services related to purchases of food and meals. Federal # 54-6055378, State # 10-546055378F-002.
33. All controlled substances must be shipped directly to license holder as indicated on the ship to address of this purchase order. Do not ship to Materials Management Attn: Central Receiving at 714 Woodis Avenue, Norfolk, VA 23510. If shipment arrives not addressed directly to license holder’s location, vendor will be responsible for any returns and cost associated as a result of the incorrect shipment.
34. EVMS confirms that in the procurement of goods and services, EVMS does not discriminate against any person on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status or disability.