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NOTE: this page is maintained for solicitations that used GSPD-401 01/01/01 or previous versions.
55. Added the provison Union Activities.
These General Provisions migrated the prior Information Technology General Terms and Conditions into the General Provisions.
11. Order of precedence modified - The General Provisions now take precedence over all other language.
18. Warranty is enhanced.
22. Termination for Convenience of the State - Expresses responsibilities to be performed by both the contractor and the state.
Time is of the essence - DELETED ( now essential that all deliverables be identified with dates due and liquidated damages identified as appropriate.)
26. Limitation of Liability - Restricted to two times the puchase price and defines purchase price.
28. Indemnification - modified
37. Rights in Data - modified
39. Patent, Copyright and Trade Secret Indemnity - modified.
50. Year 2000 Compliance - DELETED; Replaced with Four Digit Date Compliance
The General Provisions (Revised and Effective 01/01/01) include the following updates:
29. Invoices
For contracts in excess of $50,000 requires contractors to certify on each invoice that funds shall not be used to assist, promote, or deter union organizing during the contract life.
30. Required Payment Date
Closes a loophole -- unless expressly exempted by statute, state agencies must now pay within 45 days after (i) the date of acceptance of goods or performance of services; or (ii) receipt of an undisputed invoice, whichever is later.
46. Year 2000 Compliance
"Non-information technology services" has been removed from the Year 2000 Compliance provision.
47. Forced, Convict, Indentured and Child Labor
Revises paragraph to additionally prohibit, in the furnishing of foreign-made equipment, materials, or supplies, abusive forms of child labor or exploitation of children in sweatshop labor.
General Provisions Summary, This summary is intended to provide a simple description/meaning of each General Provisions clause, and a designation of whether a clause is negotiable or non-negotiable.
Form GSPD-401, (Revised) General Provisions, Effective 01/01/2001
Form GSPD-401, General Provisions, Effective 03/27/2000
Form GSPD-400, General Provisions, Effective 01/01/1999
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If you receive a preprinted form from the Procurement Division, this form is nine pages long. However, on the Internet it shows as eight pages. Either version is acceptable as the content is unchanged.
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