Variable Height Aircraft Access Stand

WICHITA STATE UNIVERSITY REQUEST FOR PROPOSAL (RFP) RFP Number: B0001789 RFP Issuance Date: Monday, November 7, 2022 RFP Question Deadline: Monday, November 21, 2022 RFP Closing Date: Monday, December 5, 2022, at 2:00 p.m. Central Procurement Officer: Robby Murray 316-978-5185 robby.murray@wichita.edu Wichita State University Office of Purchasing 1845 Fairmount, Campus Box 38 Wichita, KS 67260-0038 Item / Service: Variable Height Aircraft Access Stand Agency: Wichita State University (“WSU”) Agency Location: 1845 Fairmount, Campus Box 38 Wichita, KS 67260-0038 Period of Contract: The term of this contract is from date of award until all contractual obligations have been satisfied by the contractor Guarantee: No Monetary Guarantee Required RFP Scope: WSU is issuing this Request for Proposal (“RFP”) to solicit proposals (“Proposals”) from (“Bidders”) focusing on the procurement of Four (4) Variable Height Aircraft Access

Stands for Maintenance. This equipment will primarily be used to conduct research as well as supporting the certification of customer projects for Wichita State University and its National Institute of Aviation Research WERX division located at 4174 S. Oliver St. 140H, Wichita, KS 67210 Procurement Type: Sealed Bid (See Section 2.1) READ THIS RFP CAREFULLY AND CHECK FOR UPDATES This RFP (Number B0001789 was posted to WSU Office of Purchasing Internet website and may be downloaded at: www.wichita.edu/purchasing. It shall be the Bidder's responsibility to monitor this website on a regular basis for any changes or addenda. mailto:robby.murray@wichita.edu http://www.wichita.edu/purchasing Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 2 SECTION I CONDITIONS TO BID 1.1. Bid Specifications. Bidder must be able to meet all bid specifications set forth in this RFP as well as the minimum qualification and performance specifications set forth in Attachment 6: Minimum Qualifications and Performance Specifications. 1.2. Bid Proposal. Bidder’s Proposal must include fully completed RFP attachments, except that Bidder may complete Attachment 7: Bidder Signature Sheet by referencing separately attached documents or information. 1.3. Proposal Reference Number: The RFP Number identified on the first page of this RFP (the “RFP Cover Page”) has been assigned to this RFP and MUST be shown on all correspondence or other documents associated with this RFP, including any Proposal, and MUST be referred to in all verbal communications. Any communication or submission that does not reference the RFP Number may be rejected or not considered by WSU in WSU’s discretion. 1.4. Communication with WSU During RFP Process: All inquiries, written or verbal, shall be directed only to the Procurement Officer at the contact information identified on the RFP Cover Page. No communication is to be had with any other WSU employee regarding this RFP except: (1) in the course of RFP negotiations; (2) during RFP site inspections or visits; (3) at the time of negotiation and signing of any contractual documents resulting from the Proposal; and (4) as otherwise specified in this RFP. Violations of this provision by Bidder or WSU personnel may result in the rejection of the Proposal. 1.5. Exceptions: By submission of a Proposal, Bidder acknowledges and accepts all terms and conditions of the RFP unless clearly avowed and wholly documented in a separate section of the Technical Proposal that must be marked as: “Exceptions”. If the Bidder will not or cannot comply with any of the terms and conditions contained within this RFP, it will be the Bidder’s responsibility to make specific mention of conflicting terms in a separate section of the Proposal as set forth above; otherwise, the terms and conditions of this document will prevail. 1.6. No Bid Revisions: No additional revisions to Proposals shall be made after the Closing Date unless requested by WSU. 1.7. Cost of Preparing Proposal: The cost of developing and submitting the Proposal is entirely the responsibility of the Bidder. This includes costs incurred by Bidder to determine the nature of the engagement, Bidder’s preparation and submission of their Proposal, the negotiation of the resulting Contract and/or terms and conditions, and other costs associated with this RFP or post-award efforts to enter into a Contract. 1.8. Contract Formation: No contract shall be considered to have been entered into by WSU until all statutorily required signatures and certifications have been rendered; funds for the contract have been encumbered; and a Contract is deemed formed or executed as set forth in Section 3.3 (Award) of this RFP. 1.9. Proposals Open to the Public: 1.9.1. Proposals as WSU Property: All Proposals become the property of WSU upon submission. With few exceptions, the Kansas Open Records Act (K.S.A. 45-205, et seq.) requires all information contained in Proposals to become open for public review once a Contract is formed or all Proposals are rejected. Please note: bidders will NOT be notified prior to release of any documents submitted in response to this RFP. 1.9.2. Submission of Proprietary Information: Trade secrets or proprietary information legally recognized as such and protected by law may be requested to be withheld if clearly labeled “Proprietary” on each individual page and provided as separate from the main Proposal. Pricing information is not considered proprietary and the Bidder’s entire Proposal will not be Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 3 considered proprietary. All information requested to be handled as “Proprietary” shall be submitted electronically, separately from the main Proposal and clearly identified in the subject line of the email or DropBox submission. The Bidder shall provide detailed written documentation justifying why this material should be considered proprietary. WSU reserves the right to accept, amend or deny such requests for maintaining information as proprietary in accordance with Kansas law. WSU does not guarantee protection of any information which is not submitted as required. 1.10. Federal, State and Local Taxes - Governmental Entity: Unless otherwise specified, the Proposal price shall include all applicable federal, state and local taxes. The successful Bidder is solely responsible for, and shall pay, all taxes lawfully imposed on it with respect to any product or service delivered in accordance with this RFP. WSU does not agree to reimburse or pay Bidder for any taxes assessed unless itemized in Bidder’s bid. WSU is exempt from state sales or use taxes and federal excise taxes for direct purchases made in Kansas. These taxes should not be included in the Bidder's price quotations. 1.11. Tax Clearance: WSU strongly supports the State of Kansas Tax Clearance Process. Bidders submitting Proposals which exceed $25,000 shall include a copy of a Tax Clearance Certification Form with their submittal as set forth in Attachment 1: Tax Clearance Information. Failure to provide this information may be cause for rejection of Bidder’s Proposal. 1.12. Debarment of Bidders: Any Bidder who defaults on delivery as defined in this RFP may, be barred after reasonable notice to the Bidder involved and reasonable opportunity for that Bidder to be heard, the Procurement Officer, after consultation with the contracting agencies, shall have authority to debar a Bidder for cause from consideration for award of contracts. The debarment shall not be for a period exceeding three years. The Procurement Officer, after consultation with the contracting agencies, shall have authority to suspend a Bidder from consideration for award of contracts if there is probable cause to believe that the Bidder has engaged in any activity which might lead to debarment. The suspension shall not be for a period exceeding three months unless an indictment has been issued for an offense which would be a cause for debarment under subsection (b), in which case the suspension shall, at the request of the Procurement Officer, remain in effect until after the trial of the suspended person. 1.13. Immigration Reform: The Bidder agrees, if awarded a Contract, it shall comply with the Immigration and Reform Control Act of 1986 (“IRCA”), as may be amended from time to time. As a condition of this Proposal, Bidder must certify, by completing and submitting Attachment 2: Certification Regarding Immigration Reform & Control, that Bidder has complied with all federal and state laws relating to immigration and reform. 1.14. Sexual Harassment and Retaliation Prohibited: In accordance with Kansas Executive Order 18-04, upon selection for a Contract, Bidder will be expected to receive and read of a copy of Executive Order 18-04, and, further, will agree to comply with all applicable provisions of this Executive Order, and all applicable state and federal laws, including but not limited to all laws prohibiting sexual harassment. WSU’s policies prohibiting sexual harassment, discrimination, and retaliation provide for confidentiality and anonymous reporting. To view these policies or to make a report of sexual harassment, discrimination, or retaliation, please visit http://webs.wichita.edu/inaudit/tablepp.htm. http://webs.wichita.edu/inaudit/tablepp.htm Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 4 SECTION II PROCUREMENT TYPE, PROCESS, SELECTION, AND AWARD 2.1. Procurement Type: WSU’s competitive procurement types include: (1) Sealed Bid; (2) Negotiated Bid; and (3) Simplified Acquisitions. The type of procurement for this RFP is noted on the RFP Cover Page. 2.1.1. A Sealed Bid process includes: (1) a solicitation to bid; (2) publication of solicitation; (3) Proposals submitted under seal by Bidders and the Proposals are not opened or reviewed until the Closing Date; (4) Proposals are reviewed by WSU after the Closing Date and are generally evaluated without discussion without the Bidders; and (5) WSU awards the work to the “Responsible Bidder” whose Proposal is determined to be the most advantageous to WSU based on the neutral criteria established by WSU. 2.1.2. A Negotiated Bid is a more flexible bidding procedure that includes the receipt of Proposals and permits negotiations between WSU and Bidders. This process usually affords the Bidders an opportunity to revise their Proposal before award of a Contract to account for changes in scope of services or goods, timelines, or value-added changes to a project. “Negotiation” includes discussion, persuasion, and alteration of initial assumptions and positions, and give-and-take may apply to price, schedule, technical requirements, type of contract, or other terms of a proposed contract. “Best and final offers” are frequently required under the Negotiated Bid procurement. 2.1.3. Simplified Acquisitions is the most flexible form of procurement. Simplified Acquisitions can only occur if the procurement expenditure does not exceed the WSU established threshold. A Simplified Acquisition affords WSU the ability to call upon qualified vendors, contractors, and individuals for a quote and to negotiate a final agreement. 2.2. RFP Committee Selection: Final evaluation and selection will be made by designated representatives of WSU who have been designated as potentially utilizing the goods and/or services solicited in this RFP, referred to collectively as the Procurement Negotiation Committee (PNC). 2.3. Appearance Before Committee: The PNC may award to the low Bidder without question or negotiation. The PNC reserves the right to request information from Bidders as needed. If information is requested, the PNC is not required to request the information of all Bidders. The PNC may require, as a condition of bidding, that Bidders be required to appear before the PNC to explain the Bidder's understanding and approach to the RFP and/or to respond to questions from the PNC concerning the Proposal. Meetings with and appearances before the PNC are not subject to the Kansas Open Meetings Act. Bidders are prohibited from electronically recording these meetings. 2.4. Pre-Proposal Conference: No Pre-Proposal conference is scheduled for this RFP. 2.5. Pre-Proposal Questions: Questions requesting clarification of the RFP, if allowed, must be submitted in WRITING to the Procurement Officer by email prior the RFP Question Deadline indicated on the RFP Cover Page. Failure to notify the Procurement Officer of any conflicts or ambiguities in the RFP may result in items being resolved in the best interest of WSU. Any modification to this RFP as a result of Pre-Proposal Questions shall be made in writing by addendum and sent electronically to all Bidders who received the original request. Only written communications are binding. 2.6. Acceptance or Rejection: WSU reserves the right to accept or reject any or all Proposals or part of a Proposal; to waive any informalities or technicalities; clarify any ambiguities in this RFP; modify any criteria in this RFP; and unless otherwise specified, to accept any item in a Proposal. 2.7. Selection Criteria: Award shall be made in the best interest of WSU as determined by the PNC. WSU reserves the right to make an award based on any of the following factors and is not required to make the determination based solely on cost. Consideration will be given, but is not limited, to each of the following criteria: Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 5 1. Proposal cost [NOTE: Bidders are not to inflate prices in the initial Proposal as cost is a factor in determining who may receive an award or be invited to formal negotiations]; 2. Any poor performance experienced by WSU with Bidder within the five (5) year period prior to Proposal; 3. Documented experience in providing the same products / services to third parties that are solicited in this RFP; 4. Product, service, and performance; 5. Equipment owned by Bidder to be used in providing requested services; 6. Qualified staff 7. Adequacy and completeness of Proposal; 8. Compliance with the terms and conditions of the RFP; and 9. Response format as required by this RFP. 3.1 Proposal Disclosures: 3.1.1 In the event this is a Sealed Bid, at the time of closing, only the names of those who submitted Proposals shall be made public information. No price information will be released. Bid tab results will not be given to individuals over the telephone. Results may be obtained after contract finalization by obtaining a bid tabulation from the Office of Purchasing. Bid results can be obtained by sending a written request, referencing the Solicitation name and number to the following: Wichita State University Office of Purchasing 1845 Fairmount St, Campus Box 38 Wichita, KS 67260-0038 purchasing.office@wichita.edu 3.1.2 Copies of individual Proposals may be obtained under the Kansas Open Records by submitting an Open Records Request at https://openrecords.wichita.edu/file-a-request/. Once your request is received, you will be provided an estimate of the cost to reproduce the documents. Upon receipt of that amount, the documents will be transmitted to you electronically, except that no information in any Proposal file shall be released until a Contract has been executed or all Proposals have been rejected. 3.2 Retention of Proposals: WSU reserves the right to destroy all Proposals if the RFP is withdrawn, the RFP does not result in an agreed Contract, or in accordance with Kansas law. Late Proposals will not be considered a valid Proposal and shall not be retained unless deemed necessary by WSU. 3.3 Award: An RFP is not considered to be “awarded” until a Contract is executed between WSU and the Contractor. A Contract may be formed upon a Bidder’s formal acceptance of WSU’s notice of award where it is made clear that no other contractual document shall be presented for signature. 3.4 Notice of Award: Generally, WSU will notify all Bidders of an award made contingent on a fully executed Contract between the Contractor and WSU. Only WSU is authorized to issue news releases relating to this RFP, its evaluation, award and/or performance of the Contract, unless express written permission is obtained by WSU. SECTION III PROPOSAL INSTRUCTIONS AND REQUIREMENTS mailto:purchasing.office@wichita.edu https://openrecords.wichita.edu/file-a-request/ Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 6 3.5 Proposal Form & Certifications 3.5.1 Bidders must submit a Proposal that complies with the requirements set forth in Attachment 3: Proposal Requirements. Bidders can include additional information with their Proposal, including but not limited to photos, renderings, plans, designs, quotes, and references with its Proposal except that all such additional information shall be properly marked to include the Bidder’s name and RFP Number and shall make every effort to number all pages. 3.5.2 Bidders must fully complete and submit with its Proposal all certifications and forms attached or referenced in this RFP. 3.6 Preparation of Proposal: 3.6.1 A Proposal shall not be considered for award if the price in the Proposal was not arrived at independently and without collusion, consultation, communication or agreement as to any matter related to price with any other Bidder, competitor or public officer/employee. Submission of Proposals: 3.6.2 Proposals must be sent / delivered so that it is received by WSU no later than the RFP Closing Date indicated on the RFP Cover Page. 3.6.3 WSU prefers that all Proposals be submitted electronically. When submitting electronically: ▪ One (1) electronic version of the Bidder’s Proposal, including literature and other supporting documents, shall be sent by email or secured electronic DropBox to the Procurement Officer at the e-mail on the RFP Cover Page. ▪ All emails or communications transmitting Proposals shall contain, for identification, the title, the RFP Number, and the Subject of the RFP. ▪ The Bidder shall email the Proposal attachments or may email instructions for downloading all Proposal documents by drop box. ▪ An Adobe PDF document type is preferred, but Microsoft Word, Excel, JPEG, and other formats will be accepted. ▪ Bidders will be contacted if additional information is needed. 3.6.4 Bidders who are unable to submit their Proposal electronically must deliver their Proposal by hand delivery to the Procurement Officer Address identified on the RFP Cover Page. Hand delivered Proposals must be in a sealed envelope, and clearly marked for delivery to the Office of Purchasing, Attn: B0001789-Variable Height Aircraft Access Stands 3.6.5 Proposals received prior to the Closing Date shall be kept secured and sealed until closing if they are properly identified as instructed above. WSU shall not be responsible for the premature opening of a Proposal or for the rejection of a Proposal that was not received prior to the Closing Date because it was not properly identified. 3.6.6 Late Proposals will not be considered a valid Proposal and will not receive consideration. 3.7 Acknowledgment of Addenda: All Bidders shall acknowledge receipt of any addenda to this RFP. Failure to acknowledge receipt of any addenda may render the Proposal to be non- responsive. Changes to this RFP shall be issued only by the Office of Purchasing in writing. 3.8 Modification of Proposals: A Bidder may modify a Proposal electronically by e-mail or by DropBox transmission at any time prior to the closing date and time for receipt of proposals. Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 7 3.9 Withdrawal of Proposals: A Proposal may be withdrawn on written request submitted electronically in email from the Bidder to the Procurement Officer at the Office of Purchasing prior to the RFP Closing Date. 3.10 Parties to Contract: Proposals shall be submitted in manner that allows WSU controlled affiliated corporations to enter into similar agreements subject to the same or substantially similar terms and conditions. WSU controlled affiliated corporations include: Wichita State University Intercollegiate Athletic Association, Inc., Wichita State University Union Corporation, Wichita State University Innovation Alliance, Inc., and WSIA Investments Corporation. Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 8 SECTION IV GENERAL CONTRACT PROVISIONS The provisions of this section list all general contract provisions that shall govern the resulting services and/or goods solicited in this RFP. These provisions shall be deemed binding on the Bidder if a Bidder’s Proposal is accepted by WSU and WSU and Bidder (referred to in this Section as “Contractor”) enter into a Contract or deem a Contract to be formed (referred to in this Section as “Contractor”). 4.1 Contract Documents: The successful Bidder (“Contractor”) may be required to enter into a separate written Contract with WSU. Unless expressly omitted in the Contract, this RFP and any amendments, and the WSU DA-146a - Contractual Provisions Attachment, located at https://www.wichita.edu/services/purchasing/Webpage_Origination_Documents/DA_146A_WSU_Specific _UPDATED_2020_02_13.pdf are deemed binding on Contractor and hereby incorporated by reference into the Contract. The Proposal and any Proposal amendments may be incorporated into the Contract at the discretion of WSU. 4.2 Order of Precedence: In the event of a conflict in terms of language among the Contract documents listed below (as applicable), the following order of precedence shall govern: 1. Wichita State University Modified Form DA-146a; 2. Executed Contract between the parties; 3. This RFP including any and all addenda; and 4. Bidder’s Proposal submitted in response to this RFP, as finalized. 4.3 Term and Termination: The term of the Contract and any clauses regarding termination of such Contract will be set forth in the subsequent Contract awarded. 4.4 Independent Contractor: 4.4.1 Both parties, in the performance of a Contract, shall be acting in their individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be construed to be the employees or agents of the other party for any purpose whatsoever. As such, Bidder and its employees and agents shall have no right to participate in any employee benefit plan, program or arrangement provided to WSU employees, including, but not limited to, workers compensation benefits, unemployment benefits, health and accident insurance, life insurance, sick leave and/or vacation. 4.4.2 The Contractor accepts full responsibility for payment of unemployment insurance, workers compensation and social security as well as all income tax deductions and any other taxes or payroll deductions required by law for its employees engaged in work authorized by any Contract. 4.4.3 The Contractor is not subject to the direction, control, or supervision of WSU with respect to how it is to perform its duties. The Contractor is solely responsible for the control and supervision of its employees, agents and contractors that are assigned to provide services to WSU. 4.5 Industry Standards: If not otherwise provided, materials or work called for in the Contract shall be furnished and performed in accordance with best established practice and standards recognized by the contracted industry and comply with all codes and regulations which shall apply. 4.6 Contractor Qualifications and Abilities: Submission of Contractor’s bid will be considered presumptive evidence that the Contractor is conversant with local facilities and difficulties, the requirements of the documents and of pertinent State and/or local codes, state of labor and material markets, and has made due allowances in the Proposal for all contingencies. Any written representation https://www.wichita.edu/services/purchasing/Webpage_Origination_Documents/DA_146A_WSU_Specific_UPDATED_2020_02_13.pdf https://www.wichita.edu/services/purchasing/Webpage_Origination_Documents/DA_146A_WSU_Specific_UPDATED_2020_02_13.pdf Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 9 covering such matters as reliability of the item(s), the experience of other users, or warranties of performance shall be incorporated by reference into the Contract. Later claims for labor, work, materials, and equipment required for any difficulties encountered which could have foreseen will not be recognized and all such difficulties shall be properly taken care of by Contractor at no additional cost to WSU. 4.7 Staff Qualifications: The Contractor shall warrant that all persons assigned by it to the performance of any Contract shall be employees of the Contractor (or specified subcontractor if authorized) and shall be fully qualified to perform the work required, including passing all required background checks and meeting all work authorization and export compliance requirements. The Contractor shall include a similar provision in any contract with any subcontractor selected to perform work under the Contract, if subcontractors are authorized. Failure of the Contractor to provide qualified staffing at the level required by the Proposal specifications may result in termination of the Contract and/or damages. 4.8 Payments: WSU shall not be responsible for, and does not agree to be charged, any payments for costs or items not listed in the Bidder's Proposal. 4.9 Conflict of Interest: The Contractor shall not knowingly employ, during the period of the Contract or any extensions to it, any professional personnel who are also in the employ of WSU and who are providing services involving the Contract or services similar in nature to the scope of the Contract to WSU. Furthermore, the Contractor shall not knowingly employ, during the period of the Contract or any extensions to it, any WSU employee who has participated in the making of the Contract until at least two years after his/her termination of employment with WSU. 4.10 Confidentiality: The Contractor may have access to private or confidential data maintained by WSU to the extent necessary to carry out its responsibilities under the Contract. Contractor must comply with all the requirements of the Kansas Open Records Act in providing services under the Contract. Contractor shall accept full responsibility for providing adequate supervision and training to its agents and employees to ensure compliance with the Act. No private or confidential data collected, maintained or used in the course of performance of the Contract shall be disseminated by either party except as authorized by statute, either during the period of the contract or thereafter. Contractor must agree to return any or all data furnished by WSU promptly at the request of WSU in whatever form it is maintained by Contractor. On the termination of expiration of the Contract, Contractor will not use any of such data or any material derived from the data for any purpose and, where so instructed by WSU, will destroy or render it unreadable. 4.11 Nondiscrimination and Workplace Safety: The Contractor agrees to abide by all federal, state and local laws, rules and regulations prohibiting discrimination in employment and controlling workplace safety. Any violations of applicable laws, rules and regulations may result in termination of the Contract. 4.12 Environmental Protection: The Contractor shall abide by all federal, state and local laws, rules and regulations regarding the protection of the environment. The Contractor shall report any violations to the applicable governmental agency. A violation of applicable laws, rule or regulations may result in termination of the Contract. 4.13 Insurance: The successful Bidder shall present, upon request, an affidavit or certificate demonstrating insurance coverages consistent with any requirements set forth in Attachment 7. 4.14 Hold Harmless: WSU shall not be precluded from receiving the benefits of any insurance the Contractor may carry which provides for indemnification for any loss or damage to property in the Contractor's custody and control, where such loss or destruction is to WSU property. The Contractor shall do nothing to prejudice WSU’s right to recover against third parties for any loss, destruction or damage to WSU property. 4.15 Care of WSU Property: The Contractor shall be responsible for the proper care and custody of any WSU-owned personal tangible property and real property furnished for Contractor's use in connection with the performance of the Contract, and Contractor will reimburse WSU for such property's loss or damage caused by Contractor, normal wear and tear excepted. Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 10 4.16 Prohibition of Gratuities: Neither the Contractor nor any person, firm or corporation employed by the Contractor in the performance of the Contract shall offer or give any gift, money or anything of value or any promise for future reward or compensation to any WSU employee at any time. 4.17 Retention of Records: Unless WSU specifies in writing a shorter period of time, the Contractor agrees to preserve and make available all of its books, documents, papers, records and other evidence involving transactions related to the Contract for a period of five (5) years from the date of the expiration or termination of the Contract. Matters involving litigation shall be kept for one (1) year following the termination of litigation, including all appeals, if the litigation exceeds five (5) years. 4.18 Examination of Records: The Contractor agrees that authorized federal and state representatives, including but not limited to, WSU personnel; independent auditors acting on behalf of WSU and/or state or federal agencies shall have access to and the right to examine records during the contract period and during the five (5) year post-contract period. Delivery of and access to the records shall be at no cost to WSU. 4.19 Federal, State and Local Taxes: WSU makes no representation as to the exemption from liability of any tax imposed by any governmental entity on the Contractor. 4.20 Antitrust: If the Contractor elects not to proceed, the Contractor assigns to WSU all rights to and interests in any cause of action it has or may acquire under the anti-trust laws of the United States and the State of Kansas relating to the particular products or services purchased or acquired by WSU pursuant to the Contract. 4.21 Anti-Kickback: When WSU has reasonable grounds to believe that a violation of the Anti- Kickback Act of 1986 may have occurred, WSU shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting department or agency of the United States or the Department of Justice. WSU shall cooperate fully with any Federal agency investigating a possible violation of the Anti-Kickback Act of 1986. The Contracting Officer may (1) offset the amount of kickback against any monies owed by the United States under the prime contract and/or (2) direct that the Prime Contractor withhold from sums owed a Contractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (1) of this clause be paid over to the United States Government unless the Government has already offset those monies under subdivision (2) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld. WSU agrees to incorporate the substance of this clause, including this subparagraph in all subcontracts which exceed $100,000. 4.22 Modification: The Contract shall be modified only by the written agreement of the parties. No alteration or variation of the terms and conditions of the Contract shall be valid unless made in writing and signed by the parties. Every amendment shall specify the date on which its provisions shall be effective. 4.23 Assignment: The Contractor shall not assign, convey, encumber, or otherwise transfer its rights or duties under the Contract without the prior written consent of WSU. The Contract may terminate in the event of its assignment, conveyance, encumbrance or other transfer by the Contractor without the prior written consent of WSU. 4.24 Third Party Beneficiaries: The Contract shall not be construed as providing an enforceable right to any third party. 4.25 Captions: The captions or headings in the Contract are for reference only and do not define, describe extend, or limit the scope or intent of the Contract. 4.26 Severability: If any provision of the Contract is determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application, and the remainder Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 11 of the Contract shall not be affected and each provision of the Contract shall be enforced to the fullest extent permitted by law. 4.27 Integration: The Contract, in its final composite form, shall represent the entire agreement between the parties and shall supersede all prior negotiations, representations or agreements, either written or oral, between the parties relating to the subject matter hereof. The Contract between the parties shall be independent of and have no effect on any other contracts of either party. 4.28 Criminal or Civil Offense of An Individual or Entity That Controls A Company or Organization or Will Perform Work Under The Contract: Any conviction for a criminal or civil offense that indicates a lack of business integrity or business honesty must be disclosed in the Proposal and during the term of the Contract. This includes (1) conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract, or subcontract or in the performance of such contract or subcontract; (2) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property; (3) conviction under state or federal antitrust statutes; and (4) any other offense to be so serious and compelling as to affect responsibility as a state contractor. For the purpose of this section, an individual or entity shall be presumed to have control of a company or organization if the individual or entity directly or indirectly, or acting in concert with one or more individuals or entities, owns or controls 25 percent or more of its equity, or otherwise controls its management or policies. Any conviction for a felony criminal offense, or an adverse judgment in a civil case, that involves the actual or threatened harm to the health or safety of an individual must be disclosed. Failure to disclose an offense may result in disqualification of the bid or termination of the contract. 4.29 Injunctions: Should Kansas be prevented or enjoined from proceeding with the acquisition before or after contract execution by reason of any litigation or other reason beyond the control of WSU, Contractor shall not be entitled to make or assert claim for damage by reason of said delay. 4.30 Acceptance: No contract provision or use of items by WSU shall constitute acceptance or relieve the Contractor of liability in respect to any expressed or implied warranties. 4.31 Breach: Waiver or any breach of any contract term or condition shall not be deemed a waiver of any prior or subsequent breach. No contract term or condition shall be held to be waived, modified, or deleted except by a written instrument signed by the parties thereto. 4.32 Statutes: Each and every provision of law and clause required by law to be inserted in the contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then on the application of either party the contract shall be amended to make such insertion or correction. 4.33 Special Contract Provisions Specific to Scope of Work: In addition to the General Contract Provisions set forth in this Section IV, Contractor shall agree to the special contract provisions set forth in Attachment 4: Additional Contract Provisions. Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 12 ATTACHMENT 1: TAX CLEARANCE INFORMATION WSU strongly supports the State of Kansas Tax Clearance Process. Bidders submitting Proposals that exceed $25,000 over the term of the contract shall include a copy of a Tax Clearance Certification Form with their submittal. Failure to provide this information may be cause for rejection of a Bidder’s bid or proposal. A “Tax Clearance” is a comprehensive tax account review to determine and ensure that the account is compliant with all primary Kansas Tax Laws administered by the Kansas Department of Revenue (“KDOR”) Director of Taxation. Information pertaining to a Tax Clearance is subject to changes(s), which may arise as a result of a State Tax Audit, Federal Revenue Agent Report, or other lawful adjustment(s). To obtain a Tax Clearance Certificate, you must: • Go to https://www.kdor.ks.gov/apps/taxclearance/Default.aspx to request a Tax Clearance Certificate • Return to the website the following working day to see if KBOR will issue the certificate • If issued an official certificate, print it and attach it to your Proposal • If denied a certificate, engage KDOR in a discussion about why a certificate was not issued Bidders (and their subcontractors) are expected to submit a current Tax Clearance Certificate with every Proposal. Please Note: Individual and business applications are available. For applications entered prior to 5:00 PM Monday through Friday, results typically will be available the following business day. Tax clearance results may be denied if the request includes incomplete or incorrect information. Please Note: You will need to sign back into the KDOR website to view and print the official tax clearance certificate. A copy of the Certification of Tax Clearance form received from the Kansas Department of Revenue should be sent along with your Proposal to: Wichita State University Purchasing Office 1845 Fairmount Street, Campus Box 012 Wichita, KS 67260-0012 Failure to provide this information may be cause for rejection of Bidder’s bid or proposal. Information about Tax Registration can be found at the following website: http://www.ksrevenue.org/forms-btreg.html The WSU Purchasing Office reserves the right to confirm tax status of all potential contractors and subcontractors prior to the release of a purchase order or contract award. In the event that a current tax certificate is unavailable, the WSU Purchasing Office reserves the right to notify a Bidder (one that has submitted a timely event response) that they have to provide a current Tax Clearance Certificate within ten (10) calendar days, or WSU may proceed with an award to the next lowest responsive Bidder, whichever is determined by the Purchasing Director to be in the best interest of WSU and the State. https://www.kdor.ks.gov/apps/taxclearance/Default.aspx http://www.ksrevenue.org/forms-btreg.html Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 13 ATTACHMENT 2: CERTIFICATION REGARDING IMMIGRATION REFORM & CONTROL Any Bidder that is awarded a subsequent contract (“Contractor”) is expected to comply with the Immigration and Reform Control Act of 1986 (“IRCA”), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the Contractor as well as any subcontractor or sub-subcontractor. The usual method of verification is through the Employment Verification (I-9) Form. With the submission of this bid, the Contractor hereby certifies without exception that Contractor has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State’s option, may subject the contract to termination and any applicable damages. Contractor certifies that, should it be awarded a contract by the State, Contractor will comply with all applicable federal and state laws, standards, orders and regulations affecting a person’s participation and eligibility in any program or activity undertaken by the Contractor pursuant to the Contract. Contractor further certifies that it will remain in compliance throughout the term of the contract. At the State’s request, Contractor is expected to produce to the State any documentation or other such evidence to verify Contractor’s compliance with any provision, duty, certification, or the like under the contract. Contractor agrees to include this Certification in contracts between itself and any subcontractors in connection with the services performed under the Contract. ___________________________________________ _____________________ Signature Date ___________________________________________ Title of Contractor Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 14 ATTACHMENT 3: PROPOSAL REQUIREMENTS Proposals should set forth, in detail, Bidder’s plans to meet each of the requirements set forth in this RFP and specifically in this Attachment 3: Proposal Requirements. The proposal will be evaluated in light of the material and the substantiating evidence presented in the proposal, not on the basis of what may be inferred. Proposals shall include the following information in the order set forth below: I. Overview and Qualifications. Provide a narrative description of your company, its capacity to provide the equipment and services, and the Bidder’s experience in design, construction, function, performance, installation, testing, and training of the equipment and services defined herein. Bidder should establish in its Proposal that it is an established company recognized for its capacity to perform and capable of mobilizing sufficient personnel to meet deadlines specified by WSU. II. Successful Projects / Services. Provide a list of past successful projects that align with the expectations set forth in this RFP in the State of Kansas. Such information may be marked as “Proprietary” if it is not open to the public. III. Key Personnel. Provide a list of personnel to be used to perform the services identified in this RFP and include their qualifications, education, accomplishments and any other relevant information demonstrating level of experience. IV. Fees for Services. Provide an explanation and detailed breakdown of Bidder’s fee proposal and any other expenses that are charged for the requested services and/or goods, including reimbursable expenses. Bidder’s fees are assumed to include the firm’s cost of doing business such as overhead, management, postage, shipping, telephone, internet, fax, photocopying, research, and general office expenses, unless expressly set out as an additional fee. V. Refunded, Credited or Discounted Fees. Describe any circumstances where WSU would receive a refund, credit or discount of the proposed fees. VI. Equal Opportunity Employment. Describe how you will will accommodate state and federal laws and policy provisions issued by the Kansas Board of Regents and WSU relating to Affirmative Action and Equal Opportunity Employment, including your firm’s efforts to recruit and contract with disadvantaged groups and/or businesses (minority, women, veteran, and small business). VII. Additional Tasks. Identify any additional tasks the Bidder considers necessary to provide the services and/or goods solicited in this RFP and explain any recommended deviation from the tasks identified in Attachment 6: Minimum Qualifications and Performance Specifications that Bidder believes are necessary. VIII. References. Provide three references that have used Bidder to complete the same or similar services within the last three years. Specify a contact person with a telephone number. Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 15 ATTACHMENT 4: ADDITIONAL CONTRACT PROVISIONS SPECIFIC TO THIS RFP In the event of an award, Bidder agrees to accept, subject to exception as set forth in Bidder’s Proposal, the following additional contractual terms that are specific to this RFP: The bidder must include a discussion of the bidder's corporation and each subcontractor if any. The discussion shall include the following: 4.1 BUY AMERICAN: Consistent with Executive Order 13858, Strengthening Buy- American Preferences for Infrastructure Projects,” the Recipient is encouraged to use, to the greatest extent practicable, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States in every contract, subcontract, purchase order, or sub-award that is chargeable under this Award. 4.2 Federal Participation Disclosure – “This project will be partially funded with Federal funds from the United States Department of Commerce, Economic Development Administration and therefore is subject to the Federal laws and regulations associated with that program. 4.3 An “or approved equal” product provision has been provided. 4.4 Industry Standards: If not otherwise provided, materials or work called for in the Contract shall be furnished and performed in accordance with best established practice and standards recognized by the contracted industry and comply with all codes and regulations which shall apply. 4.5 Experience: All bidders must have a minimum of three (3) years continuous active participation in the applicable industry as a distinct company, providing equipment and systems comparable in size and complexity to the equipment and systems specified. Bidders may be required to furnish information supporting the capability to comply with conditions for bidding and fulfill the contract if receiving an award of contract. Such information may include, but not be limited to, a list of similar size and type projects the Bidder has completed. 4.6 Payment Terms: Unless otherwise agreed to in writing by WSU and Bidder, pursuant to K.S.A. 75-6403(b), all payment terms are Net 30 days from the date the goods are delivered and finally accepted by WSU. If the 30th day falls on a weekend, legal holiday, or WSU holiday, WSU shall have until the next business day to make payment. Bidder Contracts: Bidder shall include an editable Word version copy of any terms and conditions applicable to this purchase. 4.7 On-Site Inspection: Failure to adequately inspect the premises shall not relieve the successful vendor from furnishing without additional cost to WSU any materials, equipment, supplies or labor that may be required to carry out the intent of this Request. Submission of a bid shall be construed as evidence that the vendor has made necessary examination, inspection, and investigation. Failure to properly inspect the site may result in rejection of the vendor's bid. 4.8 Materials and Workmanship: Bidders shall perform all work and furnish all supplies and materials, machinery, equipment, facilities, and means, necessary to complete all the work required by this solicitation, within the time specified, in accordance with the provisions as specified. Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 16 4.9 Shipping; Deliveries: Unless otherwise agreed to in writing by WSU and Bidder, all proposals shall include all packing, handling, and shipping charges FOB destination, freight prepaid and allowed. The destination shall be WSU’s receiving dock. All orders shall be shipped within seven (7) business days of receipt of a purchase order. Deliveries must be clearly marked with the purchase order number. If delays in delivery are anticipated, Bidder shall immediately notify WSU of the revised delivery date or partial delivery date. WSU reserves the right to cancel the order and receive a return of any prepaid fees if the updated delivery time is unsatisfactory. 4.10 Warranty and Acceptance: By submitting a bid, Bidders expressly warrant that all equipment, supplies, and/or services provided shall: (1) conform to each and every specification, drawing, sample or other description which was furnished or adopted by WSU, (2) be fit and sufficient for the purpose expressed in the RFP, (3) be merchantable, (4) be of good materials and workmanship, (5) be free from defect. Such warranty shall survive delivery and shall not be deemed waived either by reason of WSU’s acceptance of or payment for such equipment, supplies, and/or services. No equipment, supplies, and/or services received by WSU shall be deemed accepted until the University has had a reasonable opportunity to inspect said equipment, supplies and/or services. All equipment, supplies, and/or services which do not comply with specifications and/or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and/or services which are discovered to be defective or which righ to any warranty of the Bidder upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected. 4.11 Equipment: All offered equipment, equipment options, and hardware expansions must be identified by manufacturer and model number and descriptive literature of such equipment must be submitted with the bid. 4.12 Implied Requirements: All products and services not specifically mentioned in this solicitation, but which are necessary to provide the functional capabilities described by the specifications, shall be included. Other products required to make the described software functional shall be identified in the vendor's response. 4.13 Technical Literature: All bids shall include specifications and technical literature sufficient to allow WSU to determine that the equipment meets all requirements. This technical literature will be the primary source for bid evaluation. If a requirement is not addressed in the technical literature, it must be supported by additional documentation and included with the bid. Proposals without sufficient technical documentation may be rejected. 4.14 Upgrades: Bidders shall indicate the upgrade price and policy for any software, firmware, or hardware upgrades anticipated for the equipment bid. If the upgrades are provided without cost, this should be indicated. 4.15 New Materials, Supplies or Equipment: Unless otherwise specified, all materials, supplies or equipment offered by a vendor shall be new, unused in any regard and of most current design. All materials, supplies and equipment shall be first class in all respects. Seconds or flawed items will not be acceptable. All materials, supplies or equipment shall be suitable for their intended purpose and, unless otherwise specified, fully assembled and ready for use on delivery. Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 17 ATTACHMENT 5: ADDITIONAL SUBCONTRACTOR FLOWDOWN TERMS AND CONDITIONS Wichita State University has entered into an Agreement with either the U.S. Government, or another entity who has itself entered into an Agreement with the U.S. Government. That Agreement requires that certain federal contract provisions be made a part of any subsequent purchase order issued by WSU related to furthering the performance or deliverables required under that Agreement (“Flowdown Terms and Conditions”). Bidders agree to comply with all applicable Flowdown Terms and Conditions and to flow down all applicable Flowdown Terms and Conditions to lower-tier subcontractors. Please note: the Flowdown Terms and Conditions will not be negotiated. The following Flowdown Terms and Conditions are applicable to this RFP: Federal Contracting Provisions 2 C.F.R. Part 200.317-200.327. The successful bidder shall conform to all requirements and federal contract provisions referenced in 2 CFR Appendix II as applicable. These provisions can be found at: Department of Commerce Financial Assistance Standard Terms and Conditions Code of Federal Regulations 2 C.F.R. Part 200.317-200.326 https://www.commerce.gov/sites/default/files/2020-11/DOC%20Standard%20Terms%20and%20Conditions%20-%2012%20November%202020%20PDF_0.pdf https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D#subject-group-ECFR45ddd4419ad436d Page 1 SPECIFIC AWARD CONDITIONS U.S. DEPARTMENT OF COMMERCE Economic Development Administration (EDA) ____________________________________________________________________________ NON-CONSTRUCTION (EQUIPMENT ONLY) PROJECTS: Economic Adjustment Assistance Program under Section 209 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. §3121 et seq.) (PWEDA) ) 1. This EDA Award supports the work described in the approved final scope of work, which is incorporated by reference into this Award, as the Authorized Scope of Work. All work on this project should be consistent with this Authorized Scope of Work as detailed in Attachment 1, unless the Grants Officer has authorized a modification of the scope of work in writing through an amendment memorialized through execution of a Form CD- 451. 2. The Authorized Representative’s name, title, address, and telephone number are: The Recipient Contact’s name, title, address, and telephone number are: The Grants Officer is authorized to award, amend, suspend, and terminate financial assistance awards. The Grants Officer is: Project Title: NIAR Flight Test Research Center and Maintenance, Repair, and Overhaul Facility Equipment Project Recipient Name: Wichita State University Award Number: 05-79-06125 Lisa Haggard Contracts and Grants Manager Phone: 316.978.6845 Email: lisa.haggard@wichita.edu Wichita State University 1845 Fairmount Street Wichita, Kansas 67260-0007 Angela B. Martinez Regional Director Phone: 303.844.3909 Email: amartinez@eda.gov Economic Development Administration 1244 Speer Blvd. Suite 431 Denver, Colorado 80204 John S. Tomblin, Ph.D. Senior VP for Industry & Defense Programs Phone: 316.978.3285 Email: proposals@wichita.edu Wichita State University 1845 Fairmount Street Wichita, Kansas 67260-0007 mailto:amartinez@eda.gov Page 2 The Federal Program Officer (Area Director) oversees the programmatic aspects of this Award. The Federal Program Officer is: The Project Officer is responsible for day-to-day administration and liaison with the Recipient and receives all reports and payment requests. The Project Officer is: 3. ADDITIONAL INCLUDED DOCUMENTS: In addition to the regulations, documents, or authorities incorporated by reference on the Financial Assistance Award (Form CD-450) the following additional documents are included with and considered to be part of the Award’s terms and conditions: • Recipient’s final completed Application (this item not enclosed in this Award package); • Authorized Scope of Work (Attachment 1); • Line Item Budget (Attachment 2); • Instructions for ASAP enrollment and accessing funds (Attachment 3). Should there be a conflict between the above referenced documents and the Specific Award Conditions (this document), the Specific Award Conditions, including any attachments, shall prevail. 4. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following Project Development Time Schedule: Item Due Date Date of Award The date set forth in the Period of Performance Period field on the CD-450 Return of executed Financial Assistance Award (Form CD-450) No later than 30 calendar days after receipt of Form CD-450 Start of Equipment Acquisition No later than 12 months from the Date of Award. Andrew P. Cutler Economic Development Specialist Phone: 720.630.0797 Email: acutler@eda.gov Economic Development Administration 1244 Speer Blvd. Suite 431 Denver, Colorado 80204 Cindy L. Edwards Area Director Phone: 303.844.5360 Email: cedwards@eda.gov Economic Development Administration 1244 Speer Blvd. Suite 431 Denver, Colorado 80204 mailto:acutler@eda.gov mailto:cedwards@eda.gov Page 3 The Recipient shall diligently pursue the development and implementation of the Project upon receipt of an EDA Award so as to ensure completion within this time schedule. Moreover, the Recipient shall promptly notify EDA in writing of any event which could substantially delay meeting any of the proscribed time limits for the Project as set forth above. The Recipient further acknowledges that failure to meet the development time schedule may result in EDA’s taking action to terminate the Award in accordance with the regulations set forth at 2 C.F.R. §§ 200.339 through 200.343. 5. PROJECT REPORTING AND FINANCIAL DISBURSEMENTS INSTRUCTIONS: A. AWARD DISBURSEMENTS: EDA will make Award payments using the Department of Treasury’s Automated Standard Application for Payments (ASAP) system. The Recipient is required to furnish documentation as required by ASAP including but not limited to Recipient and Requestor Identification Numbers. Complete information concerning the ASAP system may be obtained by visiting www.fms.treas.gov/asap. In order to receive payments, Recipients must submit a Form SF-270 “Request for Reimbursement” for the applicable period electronically to the Project Officer, who will review and process the request. Please note that prior to the initial disbursement, Recipients must complete the attached Form SF-3881, “ACH Vendor/Miscellaneous Payment Enrollment Form” and submit it to NOAA’s Accounting Office by emailing through secure/encrypted email to: edagrants@noaa.gov. The form must be completed by the respective parties (EDA, Recipient Bank, and Recipient) at the start of each new award. B. REPORTS: a. Project Progress Reports: The Recipient agrees to provide the Project Officer with Project Progress Reports, which will communicate the important activities and accomplishments of the Project, on a semi-annual basis for the periods ending March 31 and September 30, or any portion thereof. Reports are due no later than 1 month following the end of the period. Equipment Installation Completed No later than 24 months from the Date of Award Authorized Award End Date The latest date set forth in the “Period of Performance” field on the CD-450 or as later memorialized through a CD-451 Submission of final reports, including Federal Financial Report (Form SF-425) No later than 120 calendar days from the Award End Date http://www.fms.treas.gov/asap http://www.fms.treas.gov/asap mailto:edagrants@noaa.gov mailto:edagrants@noaa.gov Page 4 Performance Progress Reports should be submitted to EDA in an electronic format no later than the dates outlined above in a concise, clear format, which outlines the following information in no more than 3-6 pages in length: i. Provide a clear, concise overview of the activities undertaken during the Project Period; ii. Document accomplishments, benefits, and impacts that the Project and activities are having. Recipients should note specific outcomes where activities have led to job creation/retention, private investment, increased regional collaboration, engagement with historically excluded groups or regions, enhanced regional capacity, and other positive economic benefits; iii. Highlight any upcoming or potential press events or opportunities for collaborative press events to highlight benefits of the EDA investment; iv. Compare progress with the project timeline, explaining any departures from the targeted schedule, identifying how these departures are going to be remedied, and projecting the course of work for the next period; v. Outline challenges that currently impact or could impact progress on the grant over the next reporting period and identify ways to mitigate this risk; and vi. Outline any areas where EDA assistance is needed to support the project or any other key information that would be helpful for your EDA Project Officer to know. Final Project Reports may be posted on EDA’s website, used for promotional materials or policy reviews, or may be otherwise shared. Recipients should not include any copyrighted or other sensitive business information in these reports. There is no specific page limit for Final Project Reports; however, such reports should concisely communicate key project information, and should: i. Outline the specific regional need that the project was designed to address and update on progress made during the reporting period that will mitigate need and advance economic development; ii. Provide a high-level overview of the activities undertaken; iii. Detail lessons learned during the project period that may be of assistance to EDA or other communities undertaking similar efforts; iv. Outline the expected and actual economic benefits of the project at the time that the report is written; and v. Any other key information from the relevant project period. Page 5 b. Financial Reports: The Recipient shall submit a “Financial Status Report” (Form SF-425) on a semi-annual basis for the periods ending March 31 and September 30, or any portion thereof, for the entire project period. Form SF-425 (and instructions for completing this form) is available at: http://www.whitehouse.gov/omb/grants/grants_forms.html. Reports are due no later than 1 month following the end of the period. A final Form SF-425 must be submitted no more than 120 calendar days after the expiration date of the Award (e.g., the Award end date specified on the Form CD-450 or Form CD-451). Final financial reports should follow the guidance outlined by the form instructions for submitting mid-term financial reports, but should ensure that all fields accurately reflect the total outlays for the entire project period, and that all matching and program income (if applicable) is fully reported. Final grant rate and determinations of final balances owed to the government will be determined by the information on the final Form SF-425, so it is imperative that this final financial form is submitted in a timely and accurate manner. 6. ALLOWABLE COSTS AND AUTHORIZED BUDGET: The attached Final Line Item Budget is the authorized budget for this award. Total allowable costs will be determined at the conclusion of the period of performance in accordance with the administrative authorities applicable pursuant to the Financial Assistance Award (Form CD-450), including the applicable requirements as set forth in 2 C.F.R. part 200, after the Final financial forms, including any required documentation, is submitted. 7. FEDERAL SHARE: The EDA participation in total eligible project costs will be limited to the EDA grant amount or the EDA share of total allowable project costs, based on the area’s grant rate eligibility at the time of award, whichever is less. 8. MATCHING SHARE: The Recipient agrees to provide the Recipient’s non-Federal Matching Share contribution for eligible project expenses in proportion to the Federal share requested for such project expenses. The Recipient also certifies that, in accepting the Financial Assistance Award, the Recipient’s Matching Share of the project costs is committed and unencumbered, from authorized sources, and shall be available as needed for the project. 9. REFUND CHECKS, INTEREST, OR UNUSED FUNDS: Treasury has given the EDA two options for having payments deposited to EDA’s account: i. The first one is Pay.Gov. This option allows the payee to pay EDA through the Internet. The payee will have the option to make a one-time payment or to set up an account to make regular payments. ii. The second option is Paper Check conversion. All checks must identify on their face the name of the DOC agency funding the award, award number, and no more than a http://www.whitehouse.gov/omb/grants/grants_forms.html http://www.whitehouse.gov/omb/grants/grants_forms.html Page 6 two-word description to identify the reason for the refund or check. A copy of the check should be provided to the EDA Project Officer. This option allows the payee to send a check to NOAA’s Accounting Office, who processes EDA’s accounting functions at the following address: U.S. Department of Commerce National Oceanic and Atmospheric Administration Finance Office, AOD, EDA Grants 20020 Century Boulevard Germantown, MD 20874 The accounting staff will scan the checks in to an encrypted file and transfer to the Federal Reserve Bank, where the funds will be deposited in EDA’s account. While this process will not be an issue with most payees, there are occasionally issues for entities remitting funds to EDA via check. If you are remitting funds to EDA via check, please make note of the following: • If a check is sent to EDA, it will be converted into an electronic funds transfer by copying the check and using the account information to electronically debit your account for the amount of the check. The debit from your account will usually occur within 24 hours and will appear on your regular account statement. • EDA will not return your original check; the original will be destroyed and a copy will be maintained in our office. If the Electronic Funds Transfer (EFT) cannot be processed for technical reasons, the copy will be processed in place of the original check. If the EFT cannot be completed because of insufficient funds, EDA will charge you a one-time fee of $25.00, which will be collected by EFT. 10. PLANNING COORDINATION: In keeping with regional economic development principles, Recipients should coordinate economic development planning and implementation projects with other economic development organizations affecting the area, specifically EDA-funded recipients such as State and Urban planning grantees, adjoining Economic Development Districts (EDDs) and Indian Tribes, and University Centers (UCs). 11. PROCUREMENT: For all contractual expenses incurred as part of this project, the service must be competitively procured in accordance with 2 C.F.R. §§ 200.317 through 200.326, as applicable. Prior to advertisement of an RFQ or RFP, as applicable, Recipient shall provide EDA with a draft copy of the advertisement. Once proposals have been received but before the contract has been executed, Recipient shall provide EDA with a copy of the chosen proposal, documentation of the selection process including rank and Page 7 rating sheets, and a draft copy of the contract for EDA's review. Once the contract has been executed, Recipient shall provide EDA with a final copy of the contract. 12. BUY AMERICAN: Consistent with Executive Order 13858, Strengthening Buy- American Preferences for Infrastructure Projects,” the Recipient is encouraged to use, to the greatest extent practicable, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States in every contract, subcontract, purchase order, or sub-award that is chargeable under this Award. 13. USE OF GRANT FUNDS FOR EQUIPMENT ACQUISITON: The funding for this Project may not be used for fixed installation. As such, activities associated with equipment acquisition may only include delivery, staging/assembly/setup, attach/connection, calibration, safety and operational training, updates and maintenance. If fixed installation is needed, it will be an independent activity funded by the Recipient. 14. EQUIPMENT USE FEES: Unless otherwise inconsistent with 2 CFR part 200, the Recipient agrees to charge fees for use of the equipment purchased in whole or in part with proceeds from this Award based on the type of user (e.g. entrepreneurs, start-ups, or established businesses). Recipient shall charge fair market rates for established businesses. 15. EQUIPMENT PROGRAM INCOME: Recipient agrees to use the income generated from the use or rental of the equipment purchased in whole or in part under this Award in the following order of priority: a. Administration, operation, maintenance, and repair of the equipment, or the facility equipment is located, for the equipment’s estimated useful life. b. Economic development activities that are authorized for support by EDA, provided such activities meet the economic development purposes of PWEDA. 16. EQUIPMENT USEFUL LIFE: The Estimated Useful Life of the equipment is determined based on the useful life of the various equipment components. The list of equipment authorized under this Award, including the Estimated Useful Life of the equipment components, is located in Recipient’s application, which equipment list may be further refined as needed with prior written approval from EDA. In addition, the Estimated Useful Life will be re-evaluated after the equipment has been purchased to ensure that the useful life is accurate. 17. AIR CAPITAL FLIGHT LINE LEASE(S): Prior to the initial disbursement of funds, Recipient must provide EDA with documentation showing that its lease(s) with Air Capital Flight Line, LLC for the building space where the equipment will be located, contain(s) options to extend, or will otherwise be in place, for the Estimated Useful Life of the equipment. 18. SECURITY AGREEMENT – MACHINERY AND EQUIPMENT: Prior to final disbursement of funds by EDA, Recipient shall execute a Security Agreement, in form Page 8 and substance satisfactory to EDA, granting EDA a security interest in all property acquired or to be acquired using Award funds, and will file any financing statements or lien notices required in accordance with applicable laws of the appropriate jurisdiction to perfect said security interest, and will file continuances, as appropriate during the Estimated Useful Life of the equipment. Recipient further agrees that it will not, without the prior written approval of EDA, sell, trade or convey any interest whatsoever in such property subject to the EDA security interest; provided, however, that should EDA approve of the disposal of any property for purposes of acquiring a replacement, Recipient will execute such documentation and file such notices as will ensure that EDA’s security interest attaches to and is perfected in the replacement property with the same priority and extent as it had in the original property it replaced. 19. NONRELOCATION: In signing this award of financial assistance, Recipient(s) attests that EDA funding is not intended by the Recipient to assist its efforts to induce the relocation, or the movement of existing jobs from one region to another region in competition with those jobs. In the event that EDA determines that its assistance was used for such purposes, EDA retains the right to pursue appropriate enforcement action in accord with the Standard Terms and Conditions of the Award, including suspension of disbursements and termination of the award, which may include the establishment of a debt requiring the Recipient to reimburse EDA. 20. PERFORMANCE MEASURES: The Semi-Annual Program Outputs Questionnaire for EDA Grantees (Non-infrastructure programs) (Form ED-916) must be submitted by Recipient to EDA on a semi-annual basis during the period of performance of this Award, or as otherwise directed by EDA. EDA will provide Recipient with the first electronic Outputs Questionnaire approximately six months after the date the period of performance starts, as set forth in Form CD-450. EDA will then provide Recipient subsequent electronic Outputs Questionnaires approximately every six months thereafter through the end of the period of performance, or any portion thereof if applicable. Recipient must complete and submit to EDA each electronic Outputs Questionnaire within 30 days of receipt. The Annual Capacity Outcomes Questionnaire for EDA Grantees Serving Clients (Non-Infrastructure Programs) (Form ED-917) or the Annual Capacity Outcomes Questionnaire for EDA Grantees not Serving Clients (Non-infrastructure programs) (Form ED-918) must be submitted by Recipient to EDA on an annual basis for five years, or as otherwise directed by EDA. If Recipient will directly serve clients (i.e. beneficiaries) under the Authorized Scope of Work, Recipient must submit Form ED- 917; if Recipient will not directly serve clients under the Authorized Scope of Work, Recipient must submit Form ED-918. (Recipient should consult the above-listed project officer if Recipient is unsure whether activities in the Authorized Scope of Work constitute serving clients.) Recipient will automatically receive whichever Outcomes Questionnaire is most appropriate, as determined by the EDA project officer, for the Authorized Scope of Work. EDA will provide Recipient with the first electronic Outcomes Questionnaire approximately one year after the date the period of performance starts, as set forth in Form CD-450. EDA will then provide Recipient subsequent Page 9 electronic Outcomes Questionnaires approximately every 12 months thereafter for a total of five years, notwithstanding the end of the period of performance. Recipient must complete and submit to EDA each Outcomes Questionnaire within 30 days of receipt. EDA may revise or replace the Outputs Questionnaire and/or the Outcomes Questionnaire at any time during or following the period of performance of this Award. Recipient agrees to report on program performance measures and program outcomes in such form and at such intervals as may be prescribed by EDA in compliance with the Government Performance and Results Act (GPRA) of 1993 and the Government Performance and Results Modernization Act of 2010 (collectively, GPRA Reports). Recipient must collect sufficient data and retain sufficient documentation to enable Recipient to complete required GPRA Reports. Failure to submit to EDA required GPRA Reports might adversely impact the ability of the Recipient to secure future funding from EDA. 21. REAFFIRMATION OF APPLICATION/ACCEPTANCE OF AWARD Recipient(s) acknowledges that Recipient’s Application for this Award may have been submitted to the Government and signed by Recipient(s), or by an authorized representative of Recipient(s), electronically without providing an original “wet” signature. In addition, the Recipient(s) or an authorized representative of Recipient(s) may have accepted the Award electronically, which includes drawing down any funds under this Award. Regardless of who submitted the Application to the Government or the means by which Recipient(s) submitted the Application or accepted the Award, Recipient(s) hereby reaffirms and states that: i. All data in the applicable Application were true and correct when the Application was submitted and remain true and correct as of the date of this Award; ii. The Application was, as of the date submission and the date of this Award, duly authorized as required by local law by the governing body of the Recipient(s); and iii. Recipient(s) has read, understood, and will comply with all terms of this Award, including the Assurances and Certifications submitted with, or attached to, the Application. The Recipient agrees to immediately notify the Grants Officer of any material changes to the Application within 30 calendar days of the date the Recipient becomes of aware of such changes. For purposes of this provision, the term “Application” includes all documentation and any information provided to the Government as part of, and in furtherance to, the request for funding, including submissions made in response to information requested by the Government after submission of the initial Application. Attachment 1 Authorized Scope of Work Recipient: Wichita State University (WSU) Award Number: 05-79-06125 With the requested EDA funds ($2,073,938) and WSU’s cash match ($2,073,938), WSU will purchase key equipment to support the establishment of a Flight Test Research Center (FTRC) and Maintenance, Repair, and Overhaul (MRO) facility at WSU’s National Institute for Aviation Research (NIAR). Project tasks include procurement, setup, calibration, and deployment of equipment for: (A) Ground Operations to include aircraft maintenance equipment and maintenance test equipment, and (B) Test Support to include instrumentation, analysis, and display system equipment; telemetry tracking and receiving system equipment; data analysis, collection, and management equipment. Expected Outcomes: The equipment acquisition funded by this award will provide key support to the development of a fully capable university-based non-profit FTRC and MRO facility that will provide essential Research, Development, Testing, and Evaluation (RDT&E) services to aerospace and aviation enterprises that may otherwise be cost prohibitive for commercial enterprises and will provide students and researchers with market-driven programs to advance U.S. competitiveness and workforce development. The FTRC/MRO will serve as a hub for aerospace RDT&E activities and will advance the aerospace industry by conducting test operations that can augment industry resources, as well as serving as a research center that can develop safer and more highly efficient test techniques. This investment in FTRC/MRO equipment is expected to enable the private sector to: A. Capitalize on the utilization of a shared national asset (industrial commons), B. Supplement the resource needs of their companies, C. Reduce the overall cost of product development, D. Accelerate the frequency of new product development, and E. Increase America’s ability to advance safe technologies and maintain competitive edge. In addition to the benefits to the private sector, the Government & Military sector of the aerospace industry is expected to benefit from a neutral, independent test organization that can conduct the Test & Evaluation of military assets to evaluate the capabilities of newly developed or modified aerospace vehicles and their capability to perform the intended function for the modern day warfighter. A national FTRC and MRO asset will provide government the benefits of bringing commercial efficiencies to military development costs. Page 1 of 3 Attachment #3 Instructions for ASAP Enrollment Recipient: Wichita State University Award Number: 05-79-06125 1. The grantee will send an email to EDA’s ASAP e-mail address, edagrants@NOAA.gov. If the grantee is already enrolled in ASAP.gov with another federal agency, EDA still needs this email. However, all the organization needs to do is link their organization to EDA. There are instructions on Home page of ASAP.gov on how to link. a. Include the grantee’s complete name, address, Tax Identification Number, DUNS number, ASAP’s Recipient ID (if already enrolled in ASAP) b. Include the point of contact’s (POC) name, phone number, title, and e-mail address. It is suggested that the POC is an employee in the Accounting or Finance office. c. EDA will enroll the grantee by comparing the enrollment information to application received by the project officer. d. EDA will reply to the POC and inform him/her that the grantee has been enrolled. 2. The POC will receive an email from ASAP.gov. This email will be triggered by EDA enrolling the grantee. a. The email will have instructions for the POC on the enrollment process. b. The email will have the POC’s User ID in it. c. The password is sent by U.S. Mail for security purposes. 3. Once the POC has his user’s ID and password, the POC can log into ASAP.gov* a. The POC confirms the information entered by EDA. b. The POC identifies the recipient organization’s officials, which include the Head of Organization, Authorizing Official, and Financial Official. A re-delegated Head of Organization and another Point of Contact can also be defined. 4. Once entered by the POC, the officials are assigned a User ID and temporary password in ASAP .gov ’s system. He/she will receive an email notification. 5. The Head of Organization approves the officials identified by the point of contact.* 6. The Authorizing Official is responsible for confirming the recipient organization’s information and identifying the users who need access to the ASAP.gov application*. 7. The Financial Official is responsible for entering the bank account information for the recipient organization. * If the grantee is already enrolled in ASAP.gov with another federal agency all the organization needs to do is link their organization to EDA. There are instructions on the Homepage of ASAP.gov. 8. Once all of the above tasks are completed, the ASAP.gov application will notify EDA by email that the mailto:edagrants@NOAA.gov mailto:edagrants@NOAA.gov Page 2 of 3 grantee’s enrollment has been completed. The email will include the ASAP recipient number. 9. EDA will create and fund accounts for the grantee so that the grantee will be able to draw down funds using ASAP.gov Please visit ASAP .gov ’s website at http://fms.treas.gov/asap for more information, including instructions and a user manual. Please note that there is excellent online help at ASAP.gov. *The setting on the computer’s desktop must have the screen resolution set to 1024x768. a. Right click on an empty space on the computer’s desktop. b. Select Properties. c. Go to the Setting tab. d. Change the screen resolution to 1024x768. Who to Call if You Have Questions about ASAP Username or password problems- Federal Reserve Bank of Richmond -804-697-8384 Enrollment questions - National Oceanic and Atmospheric Administration (NOAA) Finance Team: Teresa Shahan @ 301-444-2807, Roberta Duncan @ 301-444-2753 or by email @ edagrants@NOAA.gov. Funding questions - National Oceanic and Atmospheric Administration (NOAA) Finance Team: (EDA cannot fund your grant until we receive an email from ASAP.gov confirming enrollment completion.) How to use the ASAP system/ System questions- call the Treasury Financial Center determined by the location of your state capital: • In the Eastern and Central time zone, call the Kansas City Regional Financial Center at (855)868-0151 from 7:30 a.m. to 4:00 p.m. • If your state capital is in the any time zone other than the Eastern and Central time zones, call San Francisco Financial Center at (510)594-7182 from 7:30 a.m. to 4:00 p.m. Not sure - National Oceanic and Atmospheric Administration (NOAA) Finance Team: Teresa Shahan @ 301- 444-2807, Roberta Duncan @ 301-444-2753 or via email @ edagrants@NOAA.gov. http://fms.treas.gov/asap http://fms.treas.gov/asap mailto:edagrants@NOAA.gov mailto:edagrants@NOAA.gov Page 3 of 3 Procedures for Drawing Down Funds from ASAP For Grants that are on Reimbursement Status 1. The grantee will send a Request for Advance or Reimbursement, SF 270, to the project officer with the amount that they want to draw down and the period of performance. This does not need to be an original. It can be sent to the project officer either by email, fax, or mail. 2. The grantee will go into ASAP and request a payment for the same amount that is on the SF-270. a. Click on the Tab at the top of the screen. b. From the drop down menu, select initiate payment request. c. Confirm banking account information and number. d. Select Payment Request type as Individual Payment Method - ACH or wire e. Requested Settlement date- grantee’s decision (next business day) f. Requester Reference number- EDA’s grant number, Account # is EDA’s grant number with the letter “F” in front of the grant number (no hyphens) g. Press h. Cash on Hand 0.00 i. Amount Requested $$$$.$$ j. Review k. Press- 3. EDA’s project officer will notify NOAA’s Finance Team and grantee thru the ASAP email address edagrants@NOAA.gov authorizing funds draws. NOAA’s Team also must receive a copy of the SF-270. (With cover letter) a. On the subject line, please include organization’s name and project number 4. NOAA will release the funds in ASAP upon grantees withdrawal in ASAP. 5. The funds will be in the grantee’s account within two business days of approval. *All grants except for planning grants with program code of 83 and 84. mailto:edagrants@NOAA.gov Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 18 ATTACHMENT 6: MINIMUM QUALIFICATIONS AND PERFORMANCE SPECIFICATIONS Specification Document: Equipment – Four (4) Entry Maintenance Stands Is this catalogue type equipment or custom? Catalogue Intended Usage – • Variable Height Aircraft Access Stand is for Maintenance and cockpit crew access to the main deck for Heavy Aircraft. Max height able to access large BOEING products and Airbus Products for Maintenance and Modification work on Aircraft, for example: 777, 767, 787, A321, A320, or approved equal. Requirements - • Adjustable Height - minimum of 12’ and max of 15’ • Built in fall protection - required • Bumper Protection for aircraft - required • Easy mobility – tow bar attachment and split wheel castors for easy movement • Locking safety features – swivel wheel locks, stand leg lock or trailer jack stop • Aftermarket parts support - required • Capacity – 2-3 men, 600-800# capacity on the stand at one time • Minimize footprint –Target dimensions o Top Deck Usable Space: minimum of 48”L x 60”W on the top deck maximum 60”L x 108”W o Top Deck Height: minimum of 12’ and maximum of 15’ o Overall Size: maximum 170′′ L x 126′′ W x 180′′ H - landing required in the middle of the over-all height with a 180 degree turn o Steps: 9-1/2′′-12” L x 30”- 36′′ W – Width needs to accommodate 2 men passing Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 19 COST PROPOSAL ____________________________________ (Contractor) agrees to furnish four (4) Entry Maintenance Stands that meet all Project Minimum Requirements as listed in the Scope of Work, Attachment VI at a cost of each stand ___________________including freight within _________________________________ weeks from the receipt of an order. Must list each individual item if not included in system price. Further, Contractor understands that final payment will not be made until all minimum requirements are verified to have been delivered. Lead Time:_________________________________________________ Product Name and Model No. __________________________________ Warranty: __________________________________________________ Delivery Timeline: ____________________________________________ Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 20 ATTACHMENT 7: TAX DOCUMENTATION AND INSURANCE All suppliers new to WSU are required to submit a completed tax ID form to the Office of Purchasing as confirmation of their business identity. This information is used to build supplier profiles in the three databases that support encumbrances from our electronic requisitioning system. A scanned image of your tax ID form will be included in the profiles. Please submit documentation with your proposal. All bidders will submit proof of the following required insurance to WSU with their proposal: 1. Comprehensive General Liability Insurance. Bidder shall maintain comprehensive general liability insurance with limits not less than $1 million for each occurrence involving bodily injury and property damage, a general aggregate of $2 million and products-completed operation aggregate of $1 million. Such coverage must include premises operations broad form property damage, completed operations, independent contractors, and contractual and products liability. 2. Comprehensive Automobile Liability Insurance. Bidder shall maintain comprehensive automobile liability insurance with limits not less than $500,000 for bodily injury and property damage combined, and must cover all owned, non-owned or hired vehicles of Bidder. 3. Worker’s Compensation Insurance. Bidder shall maintain worker’s compensation insurance and as required by Kansas law. 4. Property Insurance. Bidder shall maintain insurance in an amount of not less than $500,000 to cover all sums, which Bidder will legally be liable to pay be reason of liability for damages to or destruction of WSU property, including the loss of use thereof. All insurance shall be maintained at bidder’s sole expense. Insurance and bonds must be with a company or companies qualified to do business in Kansas or in the state where the Services are being performed, as acceptable to WSU, and written on the standard approved certification forms. CONSULTANT must furnish a certificate showing that such insurance upon execution of any Contract and no less than annually thereafter. All liability insurance policies will name WSU as additional insured with respect to claims, demands, suits, judgments, costs, charges, and expenses arising out of, or in connection with, any loss, damage, or injury resulting from the negligence or other fault of Bidder, its agent, representatives, and employees. Invitation for Bid Number: B0001789 EDA Award No. 05-79-06125 Pg. 21 ATTACHMENT 8: BIDDER SIGNATURE SHEET INSTRUCTIONS TO BIDDER: Please respond to all questions below. If you intend to rely on any marketing materials or separately submitted proposal document in response to any of the below questions, please reference such materials in response to the relevant question and provide that material along with your responses. Mark any information that is proprietary or business trade secrets as “CONFIDENTIAL.” 1. RFP Name: 2. Bidder Legal Name: 3. FEIN Number: 4. Any Other Relevant Name under which Bidder Operates: 5. Bidder Parent Company, if any: Corporation ☐ 6. Identify Corporate Structure: Limited Liability Company ☐ Not for Profit ☐ Other ☐ Describe: 7. Address: 8. Main Telephone Number: 9. Contact Person if Awarded Bid: Name: Title: Phone Number: E-Mail: 10. Do you certify that this Proposal meets the minimum Performance Specifications set forth in Attachment 6? Yes ☐ No ☐ 11. Do you acknowledge that you have received all Attachments referenced in this RFP and have, as of the time of submission, reviewed the Purchasing Website for any supplemental terms or amendments? Yes ☐ No ☐ 12. If awarded a Contract and purchase orders are to be directed to an address other than above, indicate mailing address and telephone number below. Address: City, State, Zip Phone Number: By my signature below, I hereby certify that this Proposal is being submitted on behalf of the person, company, organization or entity identified above, that I have the authority to submit this Proposal and all certifications, is in accordance with the RFP specifications set forth herein and is a complete and accurate statement of skills, qualifications, service guarantees and costs. I further hereby certify that I do not have and am unaware that Bidder has any substantial conflict of interest sufficient to influence the bidding process on this bid. A conflict of substantial interest is one which a reasonable person would think would compromise the open competitive bid process. Name of Authorized Official: Title: Signature: Date: Wichita State University DA-146a (Rev. 03-22) Page 1 CONTRACTUAL PROVISIONS ATTACHMENT Wichita State University | DA-146a (Rev. 03-2022) The parties agree that the following provisions are hereby incorporated into the agreement to which it is attached and made a part thereof: 1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the agreement in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified. 2. Kansas Law and Venue: The agreement shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with the agreement shall reside only in courts located in Sedgwick County, Kansas. 3. Termination Due To Lack Of Funding Appropriation: If sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, the University may terminate this agreement at the end of its current fiscal year. The University agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided under any contract for which it has not been paid. The University will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by the University, title to any such equipment shall revert to Contractor at the end of the University’s current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor. 4. Disclaimer of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or the University to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas and the University is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.). 5. Anti-Discrimination Clause: Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA), and Kansas Executive Order No. 19-02, and to not discriminate against any person because of race, color, gender, sexual orientation, gender identity or expression, religion, national origin, ancestry, age, military or veteran status, disability status, marital or family status, genetic information, or political affiliation that is unrelated to the person's ability to reasonably perform the duties of a particular job or position; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the agreement may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the Contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the agreement may be cancelled, terminated or suspended, in whole or in part, by the University or the Kansas Department of Administration. Contractor agrees to comply with all applicable state and federal anti-discrimination laws. The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a Contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency. 6. Acceptance: The agreement shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given, including, but not limited to the signature of an authorized representative of the University, as defined in University policy. 7. Arbitration, Damages and Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or the University have agreed to binding arbitration, or the payment of damages or penalties. Further, the University does not agree to pay attor