RFP Intoximeter Breath Testing Equipment

Department of Buildings and General Services Agency of Administration Office of Purchasing & Contracting 133 State Street, 5th Floor | Montpelier VT 05633-8000 802-828-2211 phone |802-828-2222 fax http://bgs.vermont.gov/purchasing SEALED BID REQUEST FOR PROPOSAL Intoximeters Breath Testing devices and Equipment ISSUE DATE April 5, 2022 QUESTIONS DUE April 11, 2022 10:00 AM (EST) RFP RESPONSES DUE BY April 15, 2022 4:30 PM (EST) PLEASE BE ADVISED THAT ALL NOTIFICATIONS, RELEASES, AND ADDENDUMS ASSOCIATED WITH THIS SOLICITATION WILL BE POSTED AT: http://www.bgs.state.vt.us/pca/bids/bids.php THE STATE WILL MAKE NO ATTEMPT TO CONTACT INTERESTED PARTIES WITH UPDATED INFORMATION. IT IS THE RESPONSIBILITY OF EACH BIDDER TO PERIODICALLY CHECK THE ABOVE WEBPAGEFOR ANY AND ALL NOTIFICATIONS, RELEASES AND ADDENDUMS

ASSOCIATED WITH THIS SOLICITATION. STATE CONTACT: Bill Vivian, State Purchasing Agent E-MAIL: SOV.ThePathForward@vermont.gov ** Please use Intoximeters Breath Testing Equipment as the subject line for any emails sent pertaining to this RFP. > NERMONT http://bgs.vermont.gov/purchasing http://www.bgs.state.vt.us/pca/bids/bids.php mailto:SOV.ThePathForward@vermont.gov Revised November 10, 2021 Page 2 of 25 1. OVERVIEW: 1.1. SCOPE AND BACKGROUND: Through this Request for Proposal (RFP) the Office of Purchasing & Contracting (hereinafter the State) is seeking to establish contracts with one or more companies that can provide Intoximeters Breath Testing Equipment. 1.1.1. ADDITIONAL PURCHASERS: In the Certificate of Compliance attached to this solicitation bidders are required to indicate whether political subdivisions and independent colleges of the State may participate in the awarded contract at the same prices, terms and conditions. 1.2. CONTRACT PERIOD: Any contract(s) arising from this solicitation will be for a period of two (2) years with an option to renew for up to two additional twelve-month periods. The State anticipates the start date for such contract(s) will be May 1, 2022. 1.3. SINGLE POINT OF CONTACT: All communications concerning this solicitation are to be addressed in writing to the State Contact listed on the front page of this solicitation. Actual or attempted contact with any other individual from the State concerning this solicitation is strictly prohibited and may result in disqualification. 1.4. QUESTION AND ANSWER PERIOD: Any bidder requiring clarification of any section of this solicitation or wishing to comment on any requirement of the solicitation must submit specific questions in writing no later than the deadline for question indicated on the first page of this solicitation. Questions may be e- mailed to the point of contact on the front page of this solicitation. Questions or comments not raised in writing on or before the last day of the question period are thereafter waived. At the close of the question period a copy of all questions or comments and the State's responses will be posted on the States web site http://bgs.vermont.gov/purchasing/bids. Every effort will be made to post this information as soon as possible after the question period ends, contingent on the number and complexity of the questions. 1.5. CHANGES TO THIS SOLICITATION: Any modifications to this solicitation will be made in writing by the State through the issuance of an Addendum to this solicitation and posted online at http://www.bgs.state.vt.us/pca/bids/bids.php . Modifications from any other source are not to be considered. 1.6. CONTRACT QUANTITY: Any quantities stated in the detailed requirements of this solicitation are estimates only based on prior usage, and are annual quantities, unless otherwise stated. Actual purchases may be higher or lower depending on the States needs. 2. DETAILED REQUIREMENTS: 2.1. Portable breath testing device. Intoximeters, alco-sensor fst #40-2010-00. One-year parts and labor warranty. 2.2. Portable breath testing device mouthpieces for alco-sensor fst #40-2010-00 mouthpieces #23-0120-00. Bidders shall provide pricing per packages with quantities of: 2.2.1. 200-499 2.2.2. 500-999 2.2.3. 1000-4999 2.2.4. 5000-9999 2.2.5. 10,000 and up 2.3. Portable breath testing device. Intoximeters, alco-sensor fst w/ memory. One-year parts and labor warranty. 2.4. Portable breath testing device mouthpieces for alco-sensor fst w/memory mouthpieces #23-0120-00. Bidders shall provide pricing per packages with quantities of: 2.4.1. 200-499 http://bgs.vermont.gov/purchasing/bids http://www.bgs.state.vt.us/pca/bids/bids.php Revised November 10, 2021 Page 3 of 25 2.4.2. 500-999 2.4.3. 1000-4999 2.4.4. 5000-9999 2.4.5. 10,000 and up 2.5. Printer for alco-sensor fst with memory. Martel mcp 7880 thermal printer, #21-0330-00. One-year parts and labor warranty. 2.6. Portable breath testing device. Intoximeters, alco-sensor vxl point of arrest, with printer. one-year parts and labor warranty. 2.7. Portable breath testing device mouthpieces for alco-sensor VXL point of arrest, mouthpieces #23-0160-00. Bidders shall provide pricing per packages with quantities of: 2.7.1. 200-499 2.7.2. 500-999 2.7.3. 1000-4999 2.7.4. 5000-9999 2.7.5. 10,000 and up 2.8. 50-2010-01 Untox DMT VT wet only/w riser 2.9. Breath tubes DMT tube assembly breath 12DC 42222 590016-00 2.10. Chopper wheel DMT HRDW CHOPPER WHEEL 31250 59-0007-00 2.11. Chopper wheel motor DMT HRDW ASSY MOTOR 12x20.6mm 59-0006-00 2.12. Chopper wheel plastic collar DMT HRDW COLLAR-CHOPPER WHEEL 31433 59-0008-00 2.13. Controller board DMT ELEC PCB ASSY CONTROLLER 41631 59-0064-00 2.14. Detector DMT ELEC DETECTOR PCB ASSY 41601 2.15. Detector Block Assembly, full DMT HRDW BLOCK FIN ASSY STEP/DET 41400 59-0000-02 2.16. Filter wheel MECH WHEEL ASSY GEAR FILTER 413340 59-0021-00 2.17. Filter wheel solenoid DMT ELEC ASSY SOLENOID FILTR WHEEL 59-0080-00 2.18. Five way valve DMT HRDW ASSY VALVE 5WAY 12VDC 41505 59-0018-00 2.19. I/O Board (Modem board/Comm board) DMT ELEC ASSY PCB CONN W MODEM41603 59-0065- 00 2.20. I/O Board (Modem board/Comm board) DMT ELEC ASSY PCB CONN WO MODEM 41603N 59- 0066-00 2.21. IR lamp DMT ELEC LMAP ASSY IR to-8 59-0083-00 2.22. Optical sensor for filter wheel "HOME" DMT ELEC ASSY OPTICAL FILTER 41467 59-0079-00 2.23. Optical sensor for quartz disc DMT MECH QTZ ASSY OPTICAL SENSOR 41466 59-0000-05 2.24. Power supply boards DMT ELEC PWR SUPPLY SWITCH 12V/120W 21080 59-0072-00 2.25. Quartz calibration wheel DMT MECH WHEEL ASSY SINGLE QTZ 41341 59-0125-00 2.26. Sample Chamber DMT HRDW ASSY SAMPLE CHAMBER 41139 59-0017-00 2.27. Screen, display/mount DMT PCB ASSY LCD 8.4IN DISPLAY MNT 41610 59-0103-00 Revised November 10, 2021 Page 4 of 25 2.28. Screen, LCD Display only DMT ELEC LCD DISPLAY ONLY 59-0102-00 2.29. Screen, membrane only DMT HRDW MEMBRANE 8.4IN TOUCH REPL 37553 59-0101-00 2.30. Screen, whole assembly DMT ELEC LCD DISPLAY ASSY 43360 59-0100-00 2.31. Single board computer/SI board DMT ELEC PCB SI KIT 43602 59-0076-00 2.32. Stepper motor DMT ELEC ASSY MOTOR STEPPER 41311 59-0077-00 2.33. Drygas cylinders for Alco FST device calibration and testing 3. Bidders shall describe in detail how data will be securely collected, transferred, and stored. 4. GENERAL REQUIREMENTS: 4.1. PRICING: Bidders must price the terms of this solicitation at their best pricing. Any and all costs that Bidder wishes the State to consider must be submitted for consideration. If applicable, all equipment pricing is to include F.O.B. delivery to the ordering facility. No request for extra delivery cost will be honored. All equipment shall be delivered assembled, serviced, and ready for immediate use, unless otherwise requested by the State. No charge for packing, shipping, or for any other purpose will be allowed over and above the price quoted. 4.1.1. Prices and/or rates shall remain firm for the initial term of the contract. The pricing policy submitted by Bidder must (i) be clearly structured, accountable, and auditable and (ii) cover the full spectrum of materials and/or services required. 4.1.2. Cooperative Agreements. Bidders that have been awarded similar contracts through a competitive bidding process with another state and/or cooperative are welcome to submit the pricing in response to this solicitation. 4.2. STATEMENT OF RIGHTS: The State shall have the authority to evaluate Responses and select the Bidder(s) as may be determined to be in the best interest of the State and consistent with the goals and performance requirements outlined in this solicitation. The State of Vermont reserves the right to obtain clarification or additional information necessary to properly evaluate a proposal. Failure of bidder to respond to a request for additional information or clarification could result in rejection of that bidder's proposal. To secure a project that is deemed to be in the best interest of the State, the State reserves the right to accept or reject any and all bids, in whole or in part, with or without cause, and to waive technicalities in submissions. The State also reserves the right to make purchases outside of the awarded contracts where it is deemed in the best interest of the State. 4.2.1. Best and Final Offer (BAFO). At any time after submission of Responses and prior to the final selection of Bidder(s) for Contract negotiation or execution, the State may invite Bidder(s) to provide a BAFO. The state reserves the right to request BAFOs from only those Bidders that meet the minimum qualification requirements and/or have not been eliminated from consideration during the evaluation process. 4.2.2. Presentation. An in-person or webinar presentation by the Bidder may be required by the State if it will help the States evaluation process. The State will factor information presented during presentations into the evaluation. Bidders will be responsible for all costs associated with providing the presentation. 4.3. EXECUTIVE ORDER 05-16: CLIMATE CHANGE CONSIDERATIONS IN STATE PROCUREMENTS: For bid amounts exceeding $25,000.00 Bidders are requested to complete the Climate Change Considerations in State Procurements Certification, which is included in the Certificate of Compliance for this solicitation. After consideration of all relevant factors, a bidder that demonstrates business practices that promote clean energy and address climate change as identified in the Certification, shall be given favorable consideration in the competitive bidding process. Such favorable consideration shall be consistent with Revised November 10, 2021 Page 5 of 25 and not supersede any preference given to resident bidders of the State and/or products raised or manufactured in the State, as explained in the Method of Award section. But, such favorable consideration shall not be employed if prohibited by law or other relevant authority or agreement. 4.4. METHOD OF AWARD: Awards will be made under the provisions of 29 V.S.A. 903. The State may award one or more contracts and reserves the right to make additional awards to other compliant bidders at any time if such award is deemed to be in the best interest of the State. All other considerations being equal, preference will be given first to resident bidders of the state and/or to products raised or manufactured in the state, and then to bidders who have practices that promote clean energy and address climate change, as identified in the applicable Certificate of Compliance. 4.5. CONTRACT NEGOTIATION: Upon completion of the evaluation process, the State may select one or more bidders with which to negotiate a contract, based on the evaluation findings and other criteria deemed relevant for ensuring that the decision made is in the best interest of the State. In the event State is not successful in negotiating a contract with a selected bidder, the State reserves the option of negotiating with another bidder, or to end the proposal process entirely. 4.6. COST OF PREPARATION: Bidder shall be solely responsible for all expenses incurred in the preparation of a response to this solicitation and shall be responsible for all expenses associated with any presentations or demonstrations associated with this request and/or any proposals made. 4.7. CONTRACT TERMS: The selected bidder(s) will be expected to sign a contract with the State, including the Standard Contract Form and Attachment C as attached to this solicitation for reference. If IT Attachment D is included in this solicitation, terms may be modified based upon the solution proposed by the Bidder, subject to approval by the Agency of Digital Services. 4.7.1. Business Registration. To be awarded a contract by the State of Vermont a bidder (except an individual doing business in his/her own name) must be registered with the Vermont Secretary of States office http://www.sec.state.vt.us/tutor/dobiz/forms/fcregist.htm and must obtain a Contractors Business Account Number issued by the Vermont Department of Taxes http://tax.vermont.gov/ . 4.7.2. The contract will obligate the bidder to provide the services and/or products identified in its bid, at the prices listed. 4.7.3. Payment Terms. Percentage discounts may be offered for prompt payments of invoices; however, such discounts must be in effect for a period of 30 days or more in order to be considered in making awards. 4.7.4. Quality. If applicable, all products provided under a contract with the State will be new and unused, unless otherwise stated. Factory seconds or remanufactured products will not be accepted unless specifically requested by the purchasing agency. All products provided by the contractor must meet all federal, state, and local standards for quality and safety requirements. Products not meeting these standards will be deemed unacceptable and returned to the contractor for credit at no charge to the State. 4.8. SUBSTITUTION: Bidders may offer, in their bids, substitutes to items identified by a manufacturers number or brand. When offering a substitution, bidder must describe any differences and provide technical information that will assist in the States evaluation. 4.9. ENVIRONMENTAL INFORMATION: Bidders are requested to complete the Environmental Information Form which is included in the Certificate of Compliance for this solicitation identifying the following for each product being quoted: a. Percent (%) of recycled content and post-consumer content; and b. Mercury content certification. 4.10. SAMPLES: http://www.sec.state.vt.us/tutor/dobiz/forms/fcregist.htm http://tax.vermont.gov/ Revised November 10, 2021 Page 6 of 25 4.10.1. Bidder Supplied Samples: The Commissioner reserves the right to request from the Bidder/Contractor a representative sample(s) of the Product offered at any time prior to or after award of a contract. Unless otherwise instructed, samples shall be furnished within the time specified in the request. Untimely submission of a sample may constitute grounds for rejection of Bid or cancellation of the Contract. Samples must be submitted free of charge and be accompanied by the Bidders name and address, any descriptive literature relating to the Product and a statement indicating how and where the sample is to be returned. Where applicable, samples must be properly labeled with the appropriate Bid or Contract reference. A sample may be held by the Commissioner during the entire term of the Contract and for a reasonable period thereafter for comparison with deliveries. At the conclusion of the holding period the sample, where feasible, will be returned as instructed by the Bidder, at the Bidders expense and risk. Where the Bidder has failed to fully instruct the Commissioner as to the return of the sample (i.e., mode and place of return, etc.) or refuses to bear the cost of its return, the sample shall become the sole property of the receiving entity at the conclusion of the holding period. 4.10.2. Enhanced Samples: When an approved sample exceeds the minimum specifications, all Product delivered must be of the same enhanced quality and identity as the sample. Thereafter, in the event of a Contractors default, the Commissioner may procure a Product substantially equal to the enhanced sample from other sources, charging the Contractor for any additional costs incurred. 4.10.3. Conformance with Sample(s): Submission of a sample (whether or not such sample is tested by, or for, the Commissioner) and approval thereof shall not relieve the Contractor from full compliance with the requirements specified in this solicitation. If in the judgment of the Commissioner the sample or product submitted is not in accordance with the specifications or testing requirements prescribed in the Bid Specifications, the Commissioner may reject the Bid. If an award has been made, the Commissioner may cancel the Contract at the expense of the Contractor. 4.10.4. Testing: All samples are subject to tests in the manner and place designated by the Commissioner, either prior to or after Contract award. Unless otherwise stated elsewhere in this solicitation, Bidder samples consumed or rendered useless by testing will not be returned to the Bidder. Testing costs for samples that fails to meet Contract requirements may be at the expense of the Contractor. 4.11. WARRANTY: The manufacturer shall include with its proposal a written warranty for each product that it intends to furnish. Warrantees must be based on commercial use, and shall extend fora minimum term of one (1) year from the date a Product is available for use by the purchaser; however, longer term warranties are desirable and will be given favorable consideration, all else being equal. 5. ENVIRONMENTAL REQUIREMENTS: Environmentally Preferable Purchasing (EPP) means the purchase of products and services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw material acquisition, production, manufacturing, packaging, distribution, re-use, operation, maintenance, or disposal of the product or service). The State of Vermont has established specific goals and objectives aimed at providing sound environmental stewardship, protecting human health, reducing state operating expenses associated with the use and control of regulated hazardous materials, and reducing potential liability attributable to environmental impact. Therefore, where applicable, the following environmental criteria shall be considered for all State purchasing and contracts. 5.1. Paper: The State desires to reduce the use of chlorine in the products it purchases to protect the environment from pollution. Processed Chlorine Free (PCF) paper means paper in which the recycled content is processed unbleached or is bleached without the use of chlorine or chlorine derivatives AND any virgin material contained therein is totally chlorine free (TCF). 5.1.1. Copier Paper: The State requires PCF copier paper which contains a minimum of 50% post- consumer recycled material (any virgin material must be TCF). Revised November 10, 2021 Page 7 of 25 5.1.2. Printing and Writing Paper: The State requires at least 30% post-consumer recycled content for non-coated paper and at least 10% post-consumer recycled content for coated paper. Preference will be given to chlorine free options when suitable choices are available. 5.2. Recycled Content: The Commissioner of Buildings and General Services may, at his/her discretion, spend up to 10% more for comparable products that are made of recycled materials. If products made of recycled materials are to cost more than 10% more than comparable products, the Commissioner shall receive consent of State entities that are to use the product before completing the order in question. 5.3. Sustainable Products: Bidders are encouraged to provide alternative price quotations on wood or paper products that are derived from sustainably managed forestlands. Sustainably managed forest lands shall be defined as those lands enrolled and/or licensed under one of the following third-party certification programs: Sustainable Forestry Initiative Program, the American Tree Farm System, the Canadian Standards Association's Sustainable Forest Management System Standards, the Finnish Standard, Forest Stewardship Council, Pan-European Forest Certification, Swedish Standard, the United Kingdom Woodland Assurance Scheme or other such credible programs as may be developed and implemented. Bidders must provide satisfactory documentation of certification with their bid. 5.4. Life-Cycle Cost Evaluation: Life cycle cost analysis shall extend beyond the cost of purchasing, to include installation, operation, maintenance, durability, and disposal of a particular product. 5.5. Energy Efficiency (Energy Star): Bidders shall provide products that earn the ENERGY STAR and meet the ENERGY STAR specifications for energy efficiency when applicable. The bidder is encouraged to visit energystar.gov for complete product specifications and updated lists of qualifying products. 5.6. Alternative Fuels: Evaluations for vehicles and other fuel-consuming equipment shall consider not only fuel efficiency, but also the source and type of fuel, to reduce emissions of greenhouse gases and pollutants. 5.7. Vehicles: The State will purchase vehicles that have the highest available fuel efficiency in each respective vehicle class (e.g., passenger cars, light duty trucks, etc.) pursuant to performance specifications recommended by the state Technical Advisory Group established under Executive Order 12-17 section I (D). These performance standards should include consideration of vehicles that not only meet high fuel economy standards but that also provide lower total emissions of greenhouse gases, criteria pollutants, and hazardous air contaminants. 6. CONTENT AND FORMAT OF RESPONSES: The content and format requirements listed below are the minimum requirements for State evaluation. These requirements are not intended to limit the content of a Bidders proposal. Bidders may include additional information or offer alternative solutions for the States consideration. However, the State discourages overly lengthy and costly proposals, and Bidders are advised to include only such information in their response as may be relevant to the requirements of this solicitation. 6.1. The bid should include a Cover Letter and Technical Response and Price Schedule. 6.2. COVER LETTER: 6.2.1. Confidentiality. To the extent your bid contains information you consider to be proprietary and confidential, you must comply with the following requirements concerning the contents of your cover letter and the submission of a redacted copy of your bid (or affected portions thereof). 6.2.2. All responses to this solicitation will become part of the contract file and will become a matter of public record under the States Public Records Act, 1 V.S.A. 315 et seq. (the Public Records Act). If your response must include material that you consider to be proprietary and confidential under the Public Records Act, your cover letter must clearly identify each page or section of your response that you consider proprietary and confidential. Your cover letter must also include a written explanation for each marked section explaining why such material should be considered exempt from public disclosure in the event of a public records request, pursuant to 1 V.S.A. 317(c), including the prospective harm to the competitive position of the bidder if the identified material were to be released. Additionally, you must include a redacted copy of your response for portions that are http://www.energystar.gov/ Revised November 10, 2021 Page 8 of 25 considered proprietary and confidential. Redactions must be limited so that the reviewer may understand the nature of the information being withheld. It is typically inappropriate to redact entire pages, or to redact the titles/captions of tables and figures. Under no circumstances may your entire response be marked confidential, and the State reserves the right to disqualify responses so marked. 6.2.3. Exceptions to Contract Terms and Conditions. If a Bidder wishes to propose an exception to any terms and conditions set forth in the Standard Contract Form and its attachments, such exceptions must be included in the cover letter to the response. Failure to note exceptions when responding to this solicitation will be deemed to be acceptance of the State contract terms and conditions. If exceptions are not noted in the response to this solicitation but raised during contract negotiations, the State reserves the right to cancel the negotiation if deemed to be in the best interests of the State. Note that exceptions to contract terms may cause rejection of the proposal. 6.3. TECHNICAL RESPONSE. In response to this solicitation, a Bidder shall: 6.3.1. Provide details concerning your form of business organization, company size and resources. 6.3.2. Describe your capabilities and particular experience relevant to the solicitation requirements. 6.3.2.1. Identify all current or past State projects. 6.3.3. Identify the names of all subcontractors you intend to use, the portions of the work the subcontractors will perform, and address the background and experience of the subcontractor(s), as per section 5.3.2 above. 6.4. REFERENCES. Provide the names, addresses, and phone numbers of at least three companies with whom you have transacted similar business in the last 12 months. You must include contact names who can talk knowledgeably about performance. 6.5. REPORTING REQUIREMENTS: Provide a sample of any reporting documentation that may be applicable to the Detailed Requirements of this solicitation. 6.6. PRICE SCHEDULE: Bidders shall submit their pricing information in the Price Schedule attached to this solicitation. 6.7. CERTIFICATE OF COMPLIANCE: This form must be completed and submitted as part of the response for the proposal to be considered valid. 7. SUBMISSION INSTRUCTIONS: 7.1. CLOSING DATE: Bids must be received by the State by the due date specified on the front page of this solicitation. Late bids will not be considered. 7.1.1. The State may, for cause, issue an addendum to change the date and/or time when bids are due. If a change is made, the State will inform all bidders by posting at the webpage indicated on the front page of this solicitation. 7.1.2. There will not be a public bid opening. However, the State will record the name, city and state for any and all bids received by the due date. This information will be posted as promptly as possible following the due date online at: https://bgs.vermont.gov/content/opc-bid-tabulation-sheets-0 . Bidders are hereby notified to review the information posted after the bid opening deadline to confirm receipt of bid by the State. Any bidder that submitted a bid, and is not listed on the bid tabulation sheet, shall promptly notify the State Contact listed on the front page of this solicitation. Should a bidder fail to notify the State Contact listed on the front page of this solicitation within two weeks of posting the bid tabulation sheet, the State shall not be required to consider the bid. https://bgs.vermont.gov/content/opc-bid-tabulation-sheets-0 Revised November 10, 2021 Page 9 of 25 7.2. STATE SECURITY PROCEDURES: Please be advised extra time will be needed when visiting and/or delivering information to State of Vermont offices. All individuals visiting State offices must present a valid government issued photo ID when entering the facility. 7.2.1. State office buildings may be locked or otherwise closed to the public. If this solicitation permits hand delivery of bids, delivery instructions will be posted at the entrance to the State facility. Any delay caused by State Security Procedures will be at the bidders own risk. 7.3. BID DELIVERY INSTRUCTIONS: 7.3.1. ELECTRONIC: Electronic bids will be accepted. 7.3.1.1. E-MAIL BIDS. Emailed bids will be accepted. Bids will be accepted via email submission to SOV.ThePathForward@vermont.gov. Bids must consist of a single email with a single, digitally searchable PDF attachment containing all components of the bid. Multiple emails and/or multiple attachments will not be accepted. There is an attachment size limit of 40 MB. It is the Bidders responsibility to compress the PDF file containing its bid if necessary in order to meet this size limitation. 7.3.1.2. FAX BIDS: Faxed bids will not be accepted. 7.4. U.S. MAIL OR EXPRESS DELIVERY OR HAND DELIVERY: 7.4.1. All paper format bids must be addressed to the State of Vermont, Office of Purchasing & Contracting, 133 State Street, 5th Floor, Montpelier, VT 05633-8000. BID ENVELOPES MUST BE CLEARLY MARKED SEALED BID AND SHOW THE REQUISITION NUMBER AND/OR PROPOSAL TITLE, OPENING DATE AND NAME OF BIDDER. 7.4.2. NUMBER OF COPIES: 7.4.3. For bids submitted via mail, express, or in-hand, submit an unbound original (clearly marked as such) and one (1) paper copy. 7.4.4. Paper Format Delivery Methods: 7.4.4.1. U.S. MAIL: Bidders are cautioned that it is their responsibility to originate the mailing of bids in sufficient time to ensure bids are received and time stamped by the Office of Purchasing & Contracting prior to the time of the bid opening. 7.4.4.2. EXPRESS DELIVERY: If bids are being sent via an express delivery service, be certain that the solicitation designation is clearly shown on the outside of the delivery envelope or box. Express delivery packages will not be considered received by the State until the express delivery package has been received and time stamped by the Office of Purchasing & Contracting. 7.4.4.3. HAND DELIVERY: Hand carried bids shall be delivered to a representative of the Office of Purchasing & Contracting prior to the bid opening. A Security Officer is at 133 until 4:30 PM which is the normal hours. A bid submitted by Hand Delivery will not be accepted after 4:30 PM. 8. BID SUBMISSION CHECKLIST: Required Number of Copies (if applicable) Cover Letter mailto:SOV.ThePathForward@vermont.gov Revised November 10, 2021 Page 10 of 25 Technical Response Redacted Technical Response, if applicable References Price Schedule Signed Certificate of Compliance 9. ATTACHMENTS: 9.1. Certificate of Compliance 9.2. Price Schedule 9.3. Sample Standard Contract Form for Commodities including but not limited to, Attachment C: Standard State Provisions for Contracts and Grants (December 15, 2017). Revised November 10, 2021 Page 11 of 25 RFP/PROJECT: Intoximeters Breath Testing Equipment DATE: April 15, 2022 Page 1 of 3 CERTIFICATE OF COMPLIANCE For a bid to be considered valid, this form must be completed in its entirety, executed by a duly authorized representative of the bidder, and submitted as part of the response to the proposal. A. NON COLLUSION: Bidder hereby certifies that the prices quoted have been arrived at without collusion and that no prior information concerning these prices has been received from or given to a competitive company. If there is sufficient evidence to warrant investigation of the bid/contract process by the Office of the Attorney General, bidder understands that this paragraph might be used as a basis for litigation. B. CONTRACT TERMS: Bidder hereby acknowledges that is has read, understands and agrees to the terms of this solicitation, including Attachment C: Standard State Contract Provisions, and any other contract attachments included with this RFP. C. FORM OF PAYMENT: Does Bidder accept the Visa Purchasing Card as a form of payment? ____ Yes ____ No D. ADDITIONAL PURCHASERS: Provisions for the purchase of supplies, materials, and equipment for Political Subdivisions, and Independent Colleges of the State of Vermont. 1. Bidder agrees to furnish the products identified in this response to the political subdivisions of the State of Vermont at the same prices, terms and conditions as are quoted in this response? Yes _________ No _________ If no, kindly outline below the prices, terms, and conditions under which Bidder will agree to supply these needs to the political subdivisions of the State of Vermont. 2. Bidder agrees to furnish the products identified in this response to the independent colleges of the State of Vermont at the same prices, terms and conditions as are quoted in this response? Yes ________ No __________ If no, kindly outline below the prices, terms, and conditions under which you will agree to supply these needs to the independent colleges of the State of Vermont. If Bidder agrees to extend the States contract terms and prices to the political subdivisions or to independent colleges, all such items furnished will be billed directly to and paid for by the political subdivision or independent college. Financial obligations of the State are limited to the orders placed by the departments and agencies of the State having legally available funds. The State incurs no financial obligations on behalf of political subdivisions and independent college that purchase under a State contract resulting from this solicitation. Notwithstanding the foregoing, Bidders will be required to periodically furnish reporting to the State on quantities sold by contractor to, and amounts paid to contractor by, any such political subdivisions or independent colleges. Revised November 10, 2021 Page 12 of 25 RFP/PROJECT: Intoximeters Breath Testing Equipment DATE: April 15, 2022 Page 2 of 3 E. Executive Order 05 16: Climate Change Considerations in State Procurements Certification Bidder certifies to the following (Bidder may attach any desired explanation or substantiation. Please also note that Bidder may be asked to provide documentation for any applicable claims): 1. Bidder owns, leases or utilizes, for business purposes, space that has received: Energy Star Certification LEED, Green Globes, or Living Buildings Challenge Certification Other internationally recognized building certification: ____________________________________________________________________________ 2. Bidder has received incentives or rebates from an Energy Efficiency Utility or Energy Efficiency Program in the last five years for energy efficient improvements made at bidders place of business. Please explain: _____________________________________________________________________________ 3. Please Check all that apply: Bidder can claim on-site renewable power or anaerobic-digester power (cow-power). Or bidder consumes renewable electricity through voluntary purchase or offset, provided no such claimed power can be double-claimed by another party. Bidder uses renewable biomass or bio-fuel for the purposes of thermal (heat) energy at its place of business. Bidders heating system has modern, high-efficiency units (boilers, furnaces, stoves, etc.), having reduced emissions of particulate matter and other air pollutants. Bidder tracks its energy consumption and harmful greenhouse gas emissions. What tool is used to do this? _____________________ Bidder promotes the use of plug-in electric vehicles by providing electric vehicle charging, electric fleet vehicles, preferred parking, designated parking, purchase or lease incentives, etc.. Bidder offers employees an option for a fossil fuel divestment retirement account. Bidder offers products or services that reduce waste, conserve water, or promote energy efficiency and conservation. Please explain: ____________________________________________________________________________ ____________________________________________________________________________ 4. Please list any additional practices that promote clean energy and take action to address climate change: _____________________________________________________________________________ ____________________________________________________________________________ _____________________________________________________________________________ Revised November 10, 2021 Page 13 of 25 RFP/PROJECT: Intoximeters Breath Testing Equipment DATE: April 15, 2022 Page 3 of 3 F. ENVIRONMENTAL INFORMATION FORM a. RECYCLED MATERIALS OR PRODUCTS: Bidders are to complete the following information in reference to each item being quoted. Additional pages may be used if necessary. Item # Brand/Manufacturer % Of Recycled Content % Post Consumer Content b. MERCURY CONTENT CERTIFICATION: Bidder certifies that none of the items quoted in this solicitation contain mercury except as identified below. Bidders shall also specify the amount of mercury contained in any of the products listed below. Additional pages may be used if necessary. G. Acknowledge receipt of the following Addenda: Addendum No.: Dated: Addendum No.: Dated: Addendum No.: Dated: Bidder Name: Contact Name: Address: Fax Number: Telephone: E-Mail: By: Name: Signature of Bidder (or Representative) (Type or Print) Item Part # Mercury Content Revised November 10, 2021 Page 14 of 25 PRICE SCHEDULE RFP Intoximeters Breath Testing Equipment 1. Product Pricing Item # Product Manufacturer /Model # Price 1 Portable breath testing device. Intoximeters, alco-sensor fst #40-2010-00. One-year parts and labor warranty. 2 Portable breath testing device mouthpieces for alco-sensor fst #40-2010-00 mouthpieces #23-0120-00. Bidders shall provide pricing per packages with quantities of: 200-499 3 Portable breath testing device mouthpieces for alco-sensor fst #40-2010-00 mouthpieces #23-0120-00. Bidders shall provide pricing per packages with quantities of: 500-999 4 Portable breath testing device mouthpieces for alco-sensor fst #40-2010-00 mouthpieces #23-0120-00. Bidders shall provide pricing per packages with quantities of: 1000-4999 5 Portable breath testing device mouthpieces for alco-sensor fst #40-2010-00 mouthpieces #23-0120-00. Bidders shall provide pricing per packages with quantities of: 5000-9999 6 Portable breath testing device mouthpieces for alco-sensor fst #40-2010-00 mouthpieces #23-0120-00. Bidders shall provide pricing per packages with quantities of: 10,000 and up. 7 Portable breath testing device. Intoximeters, alco-sensor fst w/ memory. One-year parts and labor warranty. 8 Portable breath testing device mouthpieces for alco-sensor fst w/memory mouthpieces #23-0120-00. Bidders shall provide pricing per packages with quantities of:200-499 9 Portable breath testing device mouthpieces for alco-sensor fst #40-2010-00 mouthpieces #23-0120-00. Bidders shall provide pricing per packages with quantities of: 500-999 10 Portable breath testing device mouthpieces for alco-sensor fst #40-2010-00 mouthpieces #23-0120-00. Bidders shall provide pricing per packages with quantities of: 1000-4999 11 Portable breath testing device mouthpieces for alco-sensor fst #40-2010-00 mouthpieces #23-0120-00. Bidders shall provide pricing per packages with quantities of: 5000-9999 12 Portable breath testing device mouthpieces for alco-sensor fst #40-2010-00 mouthpieces #23-0120-00. Bidders shall provide pricing per packages with quantities of: 10,000 and up. 13 Printer for alco-sensor fst with memory. Martel mcp 7880 thermal printer, #21-0330-00. One-year parts and labor warranty. 14 Portable breath testing device. Intoximeters, alco-sensor vxl point of arrest, with printer. one-year parts and labor warranty. 15 Portable breath testing device mouthpieces for alco-sensor Revised November 10, 2021 Page 15 of 25 VXL point of arrest, mouthpieces #23-0160-00. Bidders shall provide pricing per packages with quantities of:200- 499 16 Portable breath testing device mouthpieces for alco-sensor VXL point of arrest, mouthpieces #23-0160-00. Bidders shall provide pricing per packages with quantities of:500- 999 17 Portable breath testing device mouthpieces for alco-sensor VXL point of arrest, mouthpieces #23-0160-00. Bidders shall provide pricing per packages with quantities of:1000- 4999 18 Portable breath testing device mouthpieces for alco-sensor VXL point of arrest, mouthpieces #23-0160-00. Bidders shall provide pricing per packages with quantities of:5000- 9999 19 Portable breath testing device mouthpieces for alco-sensor VXL point of arrest, mouthpieces #23-0160-00. Bidders shall provide pricing per packages with quantities of:10,000 and up 20 50-2010-01 Untox DMT VT wet only/w riser $ 21 Breath tubes DMT tube assembly breath 12DC 42222 590016-00 $ 22 Chopper wheel DMT HRDW CHOPPER WHEEL 31250 59-0007-00 $ 23 Chopper wheel motor DMT HRDW ASSY MOTOR 12x20.6mm 59-0006-00 $ 24 Chopper wheel plastic collar DMT HRDW COLLAR- CHOPPER WHEEL 31433 59-0008-00 $ 25 Controller board DMT ELEC PCB ASSY CONTROLLER 41631 59-0064-00 $ 26 Detector DMT ELEC DETECTOR PCB ASSY 41601 $ 27 Detector Block Assembly, full DMT HRDW BLOCK FIN ASSY STEP/DET 41400 59-0000-02 $ 28 Filter wheel MECH WHEEL ASSY GEAR FILTER 413340 59-0021-00 $ 29 Filter wheel solenoid DMT ELEC ASSY SOLENOID FILTR WHEEL 59-0080-00 $ 30 Five way valve DMT HRDW ASSY VALVE 5WAY 12VDC 41505 59-0018-00 $ 31 I/O Board (Modem board/Comm board) DMT ELEC ASSY PCB CONN W MODEM41603 59-0065-00 $ 32 I/O Board (Modem board/Comm board) DMT ELEC ASSY PCB CONN WO MODEM 41603N 59-0066-00 $ 33 IR lamp DMT ELEC LMAP ASSY IR to-8 59-0083-00 $ 34 Optical sensor for filter wheel "HOME" DMT ELEC ASSY OPTICAL FILTER 41467 59-0079-00 $ 35 Optical sensor for quartz disc DMT MECH QTZ ASSY OPTICAL SENSOR 41466 59-0000-05 $ 36 Power supply boards DMT ELEC PWR SUPPLY SWITCH 12V/120W 21080 59-0072-00 $ 37 Quartz calibration wheel DMT MECH WHEEL ASSY $ Revised November 10, 2021 Page 16 of 25 SINGLE QTZ 41341 59-0125-00 38 Sample Chamber DMT HRDW ASSY SAMPLE CHAMBER 41139 59-0017-00 $ 39 Screen, display/mount DMT PCB ASSY LCD 8.4IN DISPLAY MNT 41610 59-0103-00 $ 40 Screen, LCD Display only DMT ELEC LCD DISPLAY ONLY 59-0102-00 $ 41 Screen, membrane only DMT HRDW MEMBRANE 8.4IN TOUCH REPL 37553 59-0101-00 $ 42 Screen, whole assembly DMT ELEC LCD DISPLAY ASSY 43360 59-0100-00 $ 43 Single board computer/SI board DMT ELEC PCB SI KIT 43602 59-0076-00 $ 44 Stepper motor DMT ELEC ASSY MOTOR STEPPER 41311 59-0077-00 $ 45 Drygas cylinders for Alco FST device calibration and testing $ 2. Bidders shall describe in detail how data will be securely collected, transferred, and stored. Name of Bidder: Signature of Bidder: Date: Revised November 10, 2021 Page 17 of 25 SAMPLE CONTRACT FORM FOR COMMODITIES STANDARD CONTRACT 1. Parties. This is a contract between the State of Vermont, _____________ (hereinafter called State), and _____________, with a principal place of business in _____________, (hereinafter called Contractor). Contractors form of business organization is _____________. It is Contractors responsibility to contact the Vermont Department of Taxes to determine if, by law, Contractor is required to have a Vermont Department of Taxes Business Account Number. 2. Subject Matter. The subject matter of this contract is commodities generally on the subject of _____________. Detailed requirements to be provided by Contractor are described in Attachment A. 3. Maximum Amount. In consideration of the commodities to be provided by Contractor, the State agrees to pay Contractor, in accordance with the payment provisions specified in Attachment B, a sum not to exceed $________.00. 4. Contract Term. The period of contractors performance shall begin on _____________, 20__ and end on _____________, 20__. 5. Prior Approvals. This Contract shall not be binding unless and until all requisite prior approvals have been obtained in accordance with current State law, bulletins, and interpretations. 6. Amendment. No changes, modifications, or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered and signed by the duly authorized representative of the State and Contractor. 7. Termination/Cancellation/Rejection. The State specifically reserves the right upon written notice to immediately terminate the contract or any portion thereof at no additional cost to the State, providing, in the opinion of its Commissioner of Buildings and General Services, the products supplied by Contractor are not satisfactory or are not consistent with the terms of this Contract. The State also specifically reserves the right upon written notice, and at no additional cost to the State, to immediately terminate the contract for convenience and/or to immediately reject or cancel any order for convenience at any time prior to shipping notification. 8. Attachments. This contract consists of ___ pages including the following attachments which are incorporated herein: Attachment A - Statement of Work Attachment B - Payment Provisions Attachment C Standard State Provisions for Contracts and Grants a preprinted form (revision date 12/15/2017) Attachment D - Other Provisions (if any) Additional attachments may be lettered as necessary Revised November 10, 2021 Page 18 of 25 9. Order of Precedence. Any ambiguity, conflict or inconsistency between the documents comprising this contract shall be resolved according to the following order of precedence: (1) Standard Contract (2) Attachment D (if applicable) (3) Attachment C (Standard Contract Provisions for Contracts and Grants) (4) Attachment A (5) Attachment B List other attachments, if any, in order of precedence WE THE UNDERSIGNED PARTIES AGREE TO BE BOUND BY THIS CONTRACT By the State of Vermont: By the Contractor: Date: Date: Signature: Signature: Name: Name: Title: Title: Revised November 10, 2021 Page 19 of 25 ATTACHMENT A STATEMENT OF WORK The Contractor shall provide: 1. Insert Line Items listing product / equipment offerings, price per each, and quantity ordered, as applicable. 2. INSTALLATION AND TRAINING (REMOVE IF NOT APPLICABLE) 3. SOFTWARE (REMOVE IF NOT APPLICABLE) 3.1 Information Security Requirements In cases where the State is not permitted to manage/modify the automation equipment (server/computer/other) that controls testing or monitoring devices, the Contractor agrees to update and provide patches for the automation equipment and any installed operating systems or applications on a quarterly basis (at minimum). The Contractor will submit a report to the State of updates installed within 30 days of the installation as well as a Plan of Actions and Milestones (POA&M) to remediate any vulnerabilities ranging from Critical to Low. The contractor will provide an upgrade path or compensatory security controls for any operating systems and applications listed as beyond end-of- life or EOL, within 90 days of the EOL and complete the EOL systems upgrade within 90 days of the approved plan. 3.2 SOV Cybersecurity Standard 19-01 All products and service provided to or for the use of the State under this Contract shall be in compliance with State of Vermont Cybersecurity Standard 19-01, which Contractor acknowledges has been provided to it, and is available on-line at the following URL: https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standards-and-directives 4. SERVICE REQUIREMENTS (REMOVE IF NOT APPLICABLE) 5. WARRANTY: Each product purchased hereunder shall include a manufacturers written warranty, which must be based on commercial use, and extend for a minimum term of one (1) year from the date a Product is available for use by the purchaser, or such longer period as set forth in the written warranty. 6. REPORTING REQUIREMENTS: Contractor will be required to submit quarterly product sales report to the Purchasing Agent pursuant to the schedule below detailing the purchasing of all items under this Contractor. Contractors reporting shall state "no activity" for any month in which there is no activity during a quarterly reporting period. a. The reports shall be an excel spreadsheet transmitted electronically to the Purchasing Agent. b. Reports are due for each quarter as follows: Reporting Period Report Due January 1 to March 31 April 30 April 1 to June 30 July 31 https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standards-and-directives Revised November 10, 2021 Page 20 of 25 July 1 to September 30 October 31 October 1 to December 31 January 31 c. Failure to meet these reporting requirements may result in suspension or termination of this Participating Addendum. d. Notwithstanding the fact that any payment obligation for sales by contractor to any political subdivision or college, pursuant to Purchasing Entities, below, shall be solely between the political subdivision or college and the contractor, the contractor must include, in reporting to State, the figures on quantities sold by contractor to, and amounts paid to contractor by, any such political subdivisions or independent colleges. 7. DELIVERY: Responsibility for product delivery remains with Contractor until the product is properly delivered and signed for. Contractor shall securely and properly pack all shipments in accordance with accepted commercial practices. Upon delivery, all packaging and containers shall become the property of the State, unless otherwise stated. Delivered goods that do not conform to the specifications or are not in good condition upon receipt shall be replaced promptly by the Contractor. 8. QUALITY: All products will be new and unused. All products provided by the Contractor must meet all federal, state, and local standards for quality and safety requirements. Products not meeting the requirements of this section will be deemed unacceptable and returned to the Contractor for credit at no charge to the State. 9. DEFAULT: In case of default of the Contractor, the State may procure the materials or supplies from other sources and hold the Contractor responsible for any excess cost occasioned thereby, provided, that if public necessity requires the use of materials or supplies not conforming to the specifications they may be accepted and payment therefore shall be made at a proper reduction in price. 10. Primary Contacts. The Parties will keep and maintain current at all times a primary point of contact for this contract. The primary contacts for this this Contract are as follows: e. For the Contractor: Name: XXXX Phone: XXXX Email: XXXX f. For the State: Name: State of Vermont, XXXX Address: 133 State Street, 5th Floor, Montpelier, VT 05633-8000 Phone: 802/828- XXXX Fax: 802/828-2222 Email: XXXX 11. Purchasing Entities: This Participating Addendum may be used by (a) all departments, offices, institutions, and other agencies of the State of Vermont and counties (each a State Purchaser) according Revised November 10, 2021 Page 21 of 25 to the process for ordering and other restrictions applicable to State Purchasers set forth herein; and (b) political subdivisions of the State of Vermont and any institution of higher education chartered in Vermont and accredited or holding a certificate of approval from the State Board of Education as authorized under 29 V.S.A. 902 (each an Additional Purchaser). Issues concerning interpretation and eligibility for participation are solely within the authority of the State of Vermont Chief Procurement Officer. The State of Vermont and its officers and employees shall have no responsibility or liability for Additional Purchasers. Each Additional Purchaser is to make its own determination whether this Participating Addendum and the Master Agreement are consistent with its procurement policies and regulations. Revised November 10, 2021 Page 22 of 25 ATTACHMENT B PAYMENT PROVISIONS The maximum dollar amount payable under this contract is not intended as any form of a guaranteed amount. The Contractor will be paid for products actually delivered or performed, as specified in Attachment A, up to the maximum allowable amount specified on page 1 of this contract. 1. Prior to commencement of work and release of any payments, Contractor shall submit to the State: a. a certificate of insurance consistent with the requirements set forth in Attachment C, Section 8 (Insurance), and with any additional requirements for insurance as may be set forth elsewhere in this contract; and 2. Payment terms are Net 30 days from the date the State receives an error-free invoice with all necessary and complete supporting documentation. 3. All invoices are to be rendered by the Contractor on the vendor's standard billhead and forwarded directly to the institution or agency ordering materials and shall specify the address to which payments will be sent. Percentage discounts may be offered for prompt payments of invoices; however, such discounts must be in effect for a period of 30 days or more in order to be considered in making awards. (The language needs to be revised to instead establish Contractor obligation re: discounts.) 4. PRICING: Contractor shall provide all products F.O.B. delivery to the ordering facility at no additional cost to the State. No request for extra delivery cost will be honored. All equipment shall be delivered assembled, serviced, and ready for immediate use, unless otherwise requested by the State. No charge for packing, shipping, or for any other purpose will be allowed over and above the price quoted. Prices quoted for printing are to include printing, binding, wrapping, and packaging. 5. Contractor shall submit invoice(s) to: INSERT ADDRESS 6. Following complete delivery of the items and completion of the training (if applicable), each as specified in Attachment A, and the States written confirmation to the Contractor of the States acceptance of those items and that training, Contractor will, within XXX business days, invoice the State for the full amount of the contract /OR/ in accordance with the rates specified in Attachment A. 7. Unless otherwise indicated in a manufacturers return policy, unopened Products can be returned with no restocking fee up to 30 days from the date of receipt. 8. The State Purchasing Card may be used by State Purchasers for the payment of invoices. Use of the Purchasing Card requires all required documentation applicable to the purchase. The Purchasing Card is a payment mechanism, not a procurement approach and, therefore, does not relieve State Purchasers from adhering to all procurement laws, regulations, policies, procedures, and best practices. Revised November 10, 2021 Page 23 of 25 ATTACHMENT C: STANDARD STATE PROVISIONS FOR CONTRACTS AND GRANTS REVISED DECEMBER 15, 2017 Attachment C: Standard State Provisions for Contracts and Grants (revision version dated December 15, 2017) constitutes part of this Agreement and is hereby incorporated by reference as if fully set forth herein and shall apply to the purchase of all goods and/or services by the State under this Agreement. A copy of this document is available online at: https://bgs.vermont.gov/purchasing-contracting/forms. https://bgs.vermont.gov/purchasing-contracting/forms Revised November 10, 2021 Page 24 of 25 ATTACHMENT D - OTHER PROVISIONS 1. CONTRACTORS REPRESENTATIONS AND WARRANTIES 1.1 General Representations and Warranties. The Contractor represents, warrants, and covenants that: (i) The Contractor has all requisite power and authority to execute, deliver and perform its obligations under this Contract and the execution, delivery and performance of this Contract by the Contractor has been duly authorized by the Contractor. (ii) There is no pending litigation, arbitrated matter, or other dispute to which the Contractor is a party which, if decided unfavorably to the Contractor, would reasonably be expected to have a material adverse effect on the Contractors ability to fulfill its obligations under this Contract. (iii) The Contractor will comply with all laws applicable to its performance of the services and otherwise to the Contractor in connection with its obligations under this Contract. (iv) The Contractor (a) owns, or has the right to use under valid and enforceable agreements, all intellectual property rights reasonably necessary for and related to delivery of the services and provision of the services as set forth in this Contract; (b) shall be responsible for and have full authority to license all proprietary and/or third party software modules, including algorithms and protocols, that Contractor incorporates into its product; and (c) none of the services or other materials or technology provided by the Contractor to the State will infringe upon or misappropriate the intellectual property rights of any third party. (v) The Contractor has adequate resources to fulfill its obligations under this Contract. (vi) Neither Contractor nor Contractors subcontractors has past state or federal violations, convictions or suspensions relating to miscoding of employees in NCCI job codes for purposes of differentiating between independent contractors and employees. 1.2 Contractors Performance Warranties. Contractor represents and warrants to the State that: (i) Each and all of the services shall be performed in a timely, diligent, professional and skillful manner, in accordance with the highest professional or technical standards applicable to such services, by qualified persons with the technical skills, training and experience to perform such services in the planned environment. (ii) Any time software is delivered to the State, whether delivered via electronic media or the internet, no portion of such software or the media upon which it is stored or delivered will have any type of software routine or other element which is designed to facilitate unauthorized access to or intrusion upon; or unrequested disabling or erasure of; or unauthorized interference with the operation of any hardware, software, data or peripheral equipment of or utilized by the State. Without limiting the generality of the foregoing, if the State believes that harmful code may be present in any software delivered hereunder, Contractor will, upon States request, provide a new or clean install of the software. Notwithstanding the foregoing, Contractor assumes no responsibility for the States negligence or failure to protect data from viruses, or any unintended modification, destruction or disclosure. (iii) To the extent Contractor resells commercial hardware or software it purchased from a third party, Contractor will, to the extent it is legally able to do so, pass through any such third-party warranties to the State and will reasonably cooperate in enforcing them. Such warranty pass-through will not relieve the Contractor from Contractors warranty obligations set forth herein. 2. REMEDIES FOR DEFAULT. In the event either party is in default under this Contract, the non- defaulting party may, at its option, pursue any or all of the remedies available to it under this Contract, including termination for cause, and at law or in equity. 3. SOV Cybersecurity Standard 19-01 All products and service provided to or for the use of the State under this Contract shall be in compliance with State of Vermont Cybersecurity Standard 19-01, which Contractor acknowledges has been provided to it, and is available Revised November 10, 2021 Page 25 of 25 on-line at the following URL: https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standards-and- directives 4. Information Security Requirements, Generally In cases where the State is not permitted to manage/modify the automation equipment (server/computer/other) that controls testing or monitoring devices, the Contractor agrees to update and provide patches for the automation equipment and any installed operating systems or applications on a quarterly basis (at minimum). The Contractor will submit a report to the State of updates installed within 30 days of the installation as well as a Plan of Actions and Milestones (POA&M) to remediate any vulnerabilities ranging from Critical to Low. The contractor will provide an upgrade path or compensatory security controls for any operating systems and applications listed as beyond end-of-life or EOL, within 90 days of the EOL and complete the EOL systems upgrade within 90 days of the approved plan. 5. PROFESSIONAL LIABILITY AND CYBER LIABILITY INSURANCE COVERAGE In addition to the insurance required in Attachment C to this Contract, before commencing work on this Contract and throughout the term of this Contract, Contractor agrees to procure and maintain (a) Technology Professional Liability insurance for any and all services performed under this Contract, with minimum third-party coverage of $1,000,000.00 per claim, $1,000,000.00 aggregate; and (b) first party Breach Notification Coverage of not less than $1,000,000.00. Before commencing work on this Contract, the Contractor must provide certificates of insurance to show that the foregoing minimum coverages are in effect. https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standards-and-directives https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standards-and-directives