RFQ Clip On Night Vision Device

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 QUOTE L3Harris CNVD-LR KIT 2376 ISSUE DATE August, 25, 2022 QUESTIONS DUE September, 01, 2022 10:00 AM (EST) RFQ RESPONSES DUE BY September, 07, 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 Bidders shall put as the subject line of any email pertaining to this RFQ: L3Harris CNVD-LR KIT 2376 ~~ NVERMONT http://bgs.vermont.gov/purchasing http://www.bgs.state.vt.us/pca/bids/bids.php mailto:SOV.ThePathForward@vermont.gov Revised June 22, 2022 Page 2 of 23 1. OVERVIEW: 1.1. SCOPE AND BACKGROUND: Through this Request for Quote (RFQ) the Office of Purchasing & Contracting (hereinafter the State) is seeking to establish contracts with one or more companies that can provide L3Harris Clip-On Night Vision Device Long Range Kit 2376 (CNVD-LR KIT 2376). 1.2. 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. 1.3. 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. 1.4. 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. 2. DETAILED REQUIREMENTS: 2.1. The State of Vermont, Department of Public Safety: is securing bids to meet the need for six (6) L3Harris Clip-On Night Vision Device Long Range Kit 2376 White Phosphor. The State of Vermont, Department of Public Safety will be allowing substitutions. Specs shall be: 2.1.1. DIMENSIONS 9.9in(L) x 3.8in(W) x 3.4in(H) 2.1.2. WEIGHT 1.9 Ibs. 2.1.3. FINISH Toupe 2.1.4. POWER One (1) CR123 or One (1) AA Battery 2.1.5. BATTERY LIFE 16+ Hours Constant 2.1.6. RAIL MOUNT Throw Lever 2.1.7. SHOCK Shock Mitigation System Up to/Including 7.62x51 NATO 2.1.8. WARRANTY 1 Year Warranty 2.1.9. GENERATION Gen3 U.S. 2.1.10. FILM/PHOSPHOR Unfilmed White Phosphor (P45) 2.1.11. MINIMUM FIGURE OF MERIT (SNR X LP/MM) 2376 2.1.12. HALO 1.0 (Max) 2.1.13. EBI 2.5 (Max) 2.1.14. MAGNIFICATION Unity 2.1.15. OPTIMUM MAG 4X-15X 2.1.16. GATE Auto 2.1.17. FOV 8 2.1.18. FOCUS RANGE 27.3 yards to Infinity 2.1.19. GAIN Adjustable 2.1.20. OPTICAL OBJECTIVE 68mm 2.1.21. OPTICAL OBJECTIVE F/ Fast F/1.85 Catadioptric 2.1.22. OPTICAL OUTPUT OPTIC 110 mm (4.3 in) 2.1.23. HUMAN ID FULL MOON 1,800 meters 2.1.24. VEHICLE ID FULL MOON 3,350 meters 2.1.25. BORESIGHT ACCURACY Factory Aligned 0.4 MOA or Better 2.1.26. BORESIGHT RETENTION Permanent to Within 1 MOA or Better 2.1.27. BORESIGHT ADJUSTMENTS None 2.1.28. BORESIGHT REPEATABILITY Within 1/2 MOA 2.1.29. SUBMERSION 68ft / 4 hours http://bgs.vermont.gov/purchasing/bids http://www.bgs.state.vt.us/pca/bids/bids.php Revised June 22, 2022 Page 3 of 23 2.2. Must Include: 2.2.1. Soft Carry Case 2.2.2. Operators Manual 2.2.3. Collimator Hood 2.2.4. CR123 Lithium Battery 2.2.5. Battery Conversion Adapter 2.2.6. Quick-disconnect Single-throw Lever mount 2.2.7. Lens Cleaning Kit 2.2.8. Adjustment Wrenches 2.3. Provide line items listing product, manufacturer and price per each kit. 3. GENERAL REQUIREMENTS: 3.1. 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. 3.1.1. 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. 3.1.2. 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. 3.2. 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. 3.2.1. 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. 3.2.2. 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. 3.3. 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 and not supersede any preference given to resident bidders of the State and/or products raised or Revised June 22, 2022 Page 4 of 23 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. 3.4. 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 to the following as identified in the applicable Certificate of Compliance. 3.4.1. resident bidders of the state and/or to products raised or manufactured in the state; 3.4.2. purchase of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products) when the award involves the use of applicable federal funds under 2 C.F.R. 200.322) 3.4.3. bidders who have practices that promote clean energy and address climate change. 3.5. 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. 3.6. 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. 3.7. 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. 3.7.1. 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 https://sos.vermont.gov/corporations/registration/ and must obtain a Contractors Business Account Number issued by the Vermont Department of Taxes http://tax.vermont.gov/ . 3.7.2. The contract will obligate the bidder to provide the services and/or products identified in its bid, at the prices listed. 3.7.3. 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. 3.7.4. 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. 3.8. 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. 3.9. 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. 3.10. SAMPLES: 3.10.1. 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 https://sos.vermont.gov/corporations/registration/ http://tax.vermont.gov/ Revised June 22, 2022 Page 5 of 23 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. 3.10.2. 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. 3.10.3. 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. 3.10.4. 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. 3.11. 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 for a 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. 4. 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. 4.1. 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). 4.1.1. Copier Paper: The State requires PCF copier paper which contains a minimum of 50% post- consumer recycled material (any virgin material must be TCF). 4.1.2. 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. 4.2. 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 Revised June 22, 2022 Page 6 of 23 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. 4.3. 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. 4.4. 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. 4.5. 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. 4.6. 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. 4.7. 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. 5. 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. 5.1. The bid should include a Cover Letter and Technical Response and Price Schedule. 5.2. COVER LETTER: 5.2.1. 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). 5.2.2. 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 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. 5.2.3. 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 http://www.energystar.gov/ Revised June 22, 2022 Page 7 of 23 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. 5.3. TECHNICAL RESPONSE. In response to this solicitation, a Bidder shall: 5.3.1. Provide details concerning your form of business organization, company size and resources. 5.3.2. Describe your capabilities and particular experience relevant to the solicitation requirements. 5.3.2.1. Identify all current or past State projects. 5.3.3. 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. 5.4. 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. 5.5. REPORTING REQUIREMENTS: Provide a sample of any reporting documentation that may be applicable to the Detailed Requirements of this solicitation. 5.6. PRICE SCHEDULE: Bidders shall submit their pricing information in the Price Schedule attached to this solicitation. 5.7. CERTIFICATE OF COMPLIANCE: This form must be completed and submitted as part of the response for the proposal to be considered valid. 6. SUBMISSION INSTRUCTIONS: 6.1. 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. 6.1.1. 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. 6.1.2. 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. 6.2. 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. 6.2.1. 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. 6.3. BID DELIVERY INSTRUCTIONS: 6.3.1. ELECTRONIC: Electronic bids will be accepted. 6.3.1.1. 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 https://bgs.vermont.gov/content/opc-bid-tabulation-sheets-0 mailto:SOV.ThePathForward@vermont.gov Revised June 22, 2022 Page 8 of 23 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. 6.3.1.2. FAX BIDS: Faxed bids will not be accepted. 6.4. U.S. MAIL OR EXPRESS DELIVERY OR HAND DELIVERY: 6.4.1. 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. 6.4.2. NUMBER OF COPIES: 6.4.3. For bids submitted via mail, express, or in-hand, submit an unbound original (clearly marked as such) and one (1) paper copy. 6.4.4. Paper Format Delivery Methods: 6.4.4.1. 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. 6.4.4.2. 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. 6.4.4.3. 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. 7. BID SUBMISSION CHECKLIST: Required Number of Copies (if applicable) Cover Letter Technical Response Redacted Technical Response, if applicable References Price Schedule Signed Certificate of Compliance 8. ATTACHMENTS: 8.1. Certificate of Compliance 8.2. Price Schedule 8.3. Sample Purchase Order Form for Commodities including but not limited to, Attachment C: Standard State Provisions for Contracts and Grants (December 15, 2017). Revised June 22, 2022 Page 9 of 23 RFQ/ L3Harris CNVD-LR KIT 2376: September 7, 2022: Page 1 of 4 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 RFQ. C. FORM OF PAYMENT: Does Bidder accept the Visa Purchasing Card as a form of payment? ____ Yes ____ No D. CERTIFICATION FOR APPAREL, FOOTWEAR, AND TEXTILES (SWEATSHOP PROHIBITION): To the extent this solicitation concerns the sale of apparel, footwear, or textiles, Bidder must submit the following information: (1) certification from each supplier in accordance with the requirements of 29 V.S.A. 922(a), and (2) a list of the names and addresses of each supplier, as required by 29 V.S.A. 922(b). Bidder certifies that if it is awarded a contract, it shall be obligated by 29 V.S.A. 922(c) to promptly inform the Commissioner of Buildings and General Services of any change in the information furnished pursuant to this section. E. Resident Bidder of the state and/or products raised or manufactured in the state (check all that apply): Bidder is a Resident Bidder of the State of Vermont Products offered by Bidder are raised or manufactured in the State of Vermont F. 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. Revised June 22, 2022 Page 10 of 23 RFQ/ L3Harris CNVD-LR KIT 2376: September 7, 2022: Page 2 of 4 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: _____________________________________________________________________________ _____________________________________________________________________________ G. Executive Order 02 22: Solidarity with the Ukrainian People Bidder certifies goods, products, or materials offered as part of this solicitation none of the applicable goods or services are Russian-sourced goods and/or produced by Russian entities. If the non-use box is not checked above, Bidder hereby indicates that certain products provided under this solicitation are Russian-sourced goods and/or produced by Russian entities, as described in the table below. In addition, identify where indicated in the table, which goods are Russian-sourced and/or produced by Russian entities. An additional column is provided for any note or comment that you may have. SOV Contract # Provided Equipment or Product Contractor Note or Comment Revised June 22, 2022 Page 11 of 23 RFQ/ L3Harris CNVD-LR KIT 2376: September 7, 2022: Page 3 of 4 H. Domestic preferences (2 C.F.R. 200.322) Bidders must complete the following information in reference to each item being quoted. Additional pages may be used if necessary. Item # Brand/Manufacturer Identify where produced or assembled % produced or assembled (check if applicable) Bidder can claim goods, products, or materials offered as part of this solicitation are produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). (Bidder may attach any desired explanation or substantiation. Please also note that Bidder may be asked to provide documentation for any applicable claims.) I. 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. Item Part # Mercury Content Revised June 22, 2022 Page 12 of 23 RFQ/ L3Harris CNVD-LR KIT 2376: September 7, 2022: Page 4 of 4 J. 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) Revised June 22, 2022 Page 13 of 23 PRICE SCHEDULE RFQ L3Harris Clip-On Night Vision Device Long Range Kit 2376 1. Product Pricing Item # Product Manufacturer/Model # Unit of Measure Price 1 Clip-On Night Vision Device Long Range Kit 2376 6 $ 2. Bidders shall provide an estimated delivery time ARO._________________________________________ Name of Bidder: Signature of Bidder: Date: Revised June 22, 2022 Page 14 of 23 ATTACHMENT C: STANDARD STATE PROVISIONS FOR CONTRACTS AND GRANTS REVISED DECEMBER 15, 2017 1. Definitions: For purposes of this Attachment, Party shall mean the Contractor, Grantee or Subrecipient, with whom the State of Vermont is executing this Agreement and consistent with the form of the Agreement. Agreement shall mean the specific contract or grant to which this form is attached. 2. Entire Agreement: This Agreement, whether in the form of a contract, State-funded grant, or Federally-funded grant, represents the entire agreement between the parties on the subject matter. All prior agreements, representations, statements, negotiations, and understandings shall have no effect. 3. Governing Law, Jurisdiction and Venue; No Waiver of Jury Trial: This Agreement will be governed by the laws of the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with this Agreement shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. The Party irrevocably submits to the jurisdiction of this court for any action or proceeding regarding this Agreement. The Party agrees that it must first exhaust any applicable administrative remedies with respect to any cause of action that it may have against the State with regard to its performance under this Agreement. Party agrees that the State shall not be required to submit to binding arbitration or waive its right to a jury trial. 4. Sovereign Immunity: The State reserves all immunities, defenses, rights or actions arising out of the States sovereign status or under the Eleventh Amendment to the United States Constitution. No waiver of the States immunities, defenses, rights or actions shall be implied or otherwise deemed to exist by reason of the States entry into this Agreement. 5. No Employee Benefits For Party: The Party understands that the State will not provide any individual retirement benefits, group life insurance, group health and dental insurance, vacation or sick leave, workers compensation or other benefits or services available to State employees, nor will the State withhold any state or Federal taxes except as required under applicable tax laws, which shall be determined in advance of execution of the Agreement. The Party understands that all tax returns required by the Internal Revenue Code and the State of Vermont, including but not limited to income, withholding, sales and use, and rooms and meals, must be filed by the Party, and information as to Agreement income will be provided by the State of Vermont to the Internal Revenue Service and the Vermont Department of Taxes. 6. Independence: The Party will act in an independent capacity and not as officers or employees of the State. 7. Defense and Indemnity: The Party shall defend the State and its officers and employees against all third party claims or suits arising in whole or in part from any act or omission of the Party or of any agent of the Party in connection with the performance of this Agreement. The State shall notify the Party in the event of any such claim or suit, and the Party shall immediately retain counsel and otherwise provide a complete defense against the entire claim Revised June 22, 2022 Page 15 of 23 or suit. The State retains the right to participate at its own expense in the defense of any claim. The State shall have the right to approve all proposed settlements of such claims or suits. After a final judgment or settlement, the Party may request recoupment of specific defense costs and may file suit in Washington Superior Court requesting recoupment. The Party shall be entitled to recoup costs only upon a showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of the Party in connection with the performance of this Agreement. The Party shall indemnify the State and its officers and employees if the State, its officers or employees become legally obligated to pay any damages or losses arising from any act or omission of the Party or an agent of the Party in connection with the performance of this Agreement. Notwithstanding any contrary language anywhere, in no event shall the terms of this Agreement or any document furnished by the Party in connection with its performance under this Agreement obligate the State to (1) defend or indemnify the Party or any third party, or (2) otherwise be liable for the expenses or reimbursement, including attorneys fees, collection costs or other costs of the Party or any third party. 8. Insurance: Before commencing work on this Agreement the Party must provide certificates of insurance to show that the following minimum coverages are in effect. It is the responsibility of the Party to maintain current certificates of insurance on file with the State through the term of this Agreement. No warranty is made that the coverages and limits listed herein are adequate to cover and protect the interests of the Party for the Partys operations. These are solely minimums that have been established to protect the interests of the State. Workers Compensation: With respect to all operations performed, the Party shall carry workers compensation insurance in accordance with the laws of the State of Vermont. Vermont will accept an out-of-state employer's workers compensation coverage while operating in Vermont provided that the insurance carrier is licensed to write insurance in Vermont and an amendatory endorsement is added to the policy adding Vermont for coverage purposes. Otherwise, the party shall secure a Vermont workers compensation policy, if necessary to comply with Vermont law. General Liability and Property Damage: With respect to all operations performed under this Agreement, the Party shall carry general liability insurance having all major divisions of coverage including, but not limited to: Premises - Operations Products and Completed Operations Personal Injury Liability Contractual Liability The policy shall be on an occurrence form and limits shall not be less than: $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal & Advertising Injury Automotive Liability: The Party shall carry automotive liability insurance covering all motor vehicles, including hired and non-owned coverage, used in connection with the Agreement. Limits of coverage shall not be less than $500,000 combined single limit. If performance of this Agreement involves construction, or the transport of persons or hazardous materials, limits of coverage shall not be less than $1,000,000 combined single limit. Revised June 22, 2022 Page 16 of 23 Additional Insured. The General Liability and Property Damage coverages required for performance of this Agreement shall include the State of Vermont and its agencies, departments, officers and employees as Additional Insureds. If performance of this Agreement involves construction, or the transport of persons or hazardous materials, then the required Automotive Liability coverage shall include the State of Vermont and its agencies, departments, officers and employees as Additional Insureds. Coverage shall be primary and non-contributory with any other insurance and self-insurance. Notice of Cancellation or Change. There shall be no cancellation, change, potential exhaustion of aggregate limits or nonrenewal of insurance coverage(s) without thirty (30) days written prior written notice to the State. 9. Reliance by the State on Representations: All payments by the State under this Agreement will be made in reliance upon the accuracy of all representations made by the Party in accordance with this Agreement, including but not limited to bills, invoices, progress reports and other proofs of work. 10. False Claims Act: The Party acknowledges that it is subject to the Vermont False Claims Act as set forth in 32 V.S.A. 630 et seq. If the Party violates the Vermont False Claims Act it shall be liable to the State for civil penalties, treble damages and the costs of the investigation and prosecution of such violation, including attorneys fees, except as the same may be reduced by a court of competent jurisdiction. The Partys liability to the State under the False Claims Act shall not be limited notwithstanding any agreement of the State to otherwise limit Partys liability. 11. Whistleblower Protections: The Party shall not discriminate or retaliate against one of its employees or agents for disclosing information concerning a violation of law, fraud, waste, abuse of authority or acts threatening health or safety, including but not limited to allegations concerning the False Claims Act. Further, the Party shall not require such employees or agents to forego monetary awards as a result of such disclosures, nor should they be required to report misconduct to the Party or its agents prior to reporting to any governmental entity and/or the public. 12. Location of State Data: No State data received, obtained, or generated by the Party in connection with performance under this Agreement shall be processed, transmitted, stored, or transferred by any means outside the continental United States, except with the express written permission of the State. 13. Records Available for Audit: The Party shall maintain all records pertaining to performance under this agreement. Records means any written or recorded information, regardless of physical form or characteristics, which is produced or acquired by the Party in the performance of this agreement. Records produced or acquired in a machine readable electronic format shall be maintained in that format. The records described shall be made available at reasonable times during the period of the Agreement and for three years thereafter or for any period required by law for inspection by any authorized representatives of the State or Federal Government. If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. Revised June 22, 2022 Page 17 of 23 14. Fair Employment Practices and Americans with Disabilities Act: Party agrees to comply with the requirement of 21 V.S.A. Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable. Party shall also ensure, to the full extent required by the Americans with Disabilities Act of 1990, as amended, that qualified individuals with disabilities receive equitable access to the services, programs, and activities provided by the Party under this Agreement. 15. Set Off: The State may set off any sums which the Party owes the State against any sums due the Party under this Agreement; provided, however, that any set off of amounts due the State of Vermont as taxes shall be in accordance with the procedures more specifically provided hereinafter. 16. Taxes Due to the State: A. Party understands and acknowledges responsibility, if applicable, for compliance with State tax laws, including income tax withholding for employees performing services within the State, payment of use tax on property used within the State, corporate and/or personal income tax on income earned within the State. B. Party certifies under the pains and penalties of perjury that, as of the date this Agreement is signed, the Party is in good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the State of Vermont. C. Party understands that final payment under this Agreement may be withheld if the Commissioner of Taxes determines that the Party is not in good standing with respect to or in full compliance with a plan to pay any and all taxes due to the State of Vermont. D. Party also understands the State may set off taxes (and related penalties, interest and fees) due to the State of Vermont, but only if the Party has failed to make an appeal within the time allowed by law, or an appeal has been taken and finally determined and the Party has no further legal recourse to contest the amounts due. 17. Taxation of Purchases: All State purchases must be invoiced tax free. An exemption certificate will be furnished upon request with respect to otherwise taxable items. 18. Child Support: (Only applicable if the Party is a natural person, not a corporation or partnership.) Party states that, as of the date this Agreement is signed, he/she: A. is not under any obligation to pay child support; or B. is under such an obligation and is in good standing with respect to that obligation; or C. has agreed to a payment plan with the Vermont Office of Child Support Services and is in full compliance with that plan. Party makes this statement with regard to support owed to any and all children residing in Vermont. In addition, if the Party is a resident of Vermont, Party makes this statement with regard to support owed to any and all children residing in any other state or territory of the United States. 19. Sub-Agreements: Party shall not assign, subcontract or subgrant the performance of this Agreement or any portion thereof to any other Party without the prior written approval of the State. Party shall be responsible and liable to the State for all acts or omissions of subcontractors and any other person performing work under this Agreement pursuant to an agreement with Party or any subcontractor. Revised June 22, 2022 Page 18 of 23 In the case this Agreement is a contract with a total cost in excess of $250,000, the Party shall provide to the State a list of all proposed subcontractors and subcontractors subcontractors, together with the identity of those subcontractors workers compensation insurance providers, and additional required or requested information, as applicable, in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54). Party shall include the following provisions of this Attachment C in all subcontracts for work performed solely for the State of Vermont and subcontracts for work performed in the State of Vermont: Section 10 (False Claims Act); Section 11 (Whistleblower Protections); Section 12 (Location of State Data); Section 14 (Fair Employment Practices and Americans with Disabilities Act); Section 16 (Taxes Due the State); Section 18 (Child Support); Section 20 (No Gifts or Gratuities); Section 22 (Certification Regarding Debarment); Section 30 (State Facilities); and Section 32.A (Certification Regarding Use of State Funds). 20. No Gifts or Gratuities: Party shall not give title or possession of anything of substantial value (including property, currency, travel and/or education programs) to any officer or employee of the State during the term of this Agreement. 21. Copies: Party shall use reasonable best efforts to ensure that all written reports prepared under this Agreement are printed using both sides of the paper. 22. Certification Regarding Debarment: Party certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, neither Party nor Partys principals (officers, directors, owners, or partners) are presently debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in Federal programs, or programs supported in whole or in part by Federal funds. Party further certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, Party is not presently debarred, suspended, nor named on the States debarment list at: http://bgs.vermont.gov/purchasing/debarment 23. Conflict of Interest: Party shall fully disclose, in writing, any conflicts of interest or potential conflicts of interest. 24. Confidentiality: Party acknowledges and agrees that this Agreement and any and all information obtained by the State from the Party in connection with this Agreement are subject to the State of Vermont Access to Public Records Act, 1 V.S.A. 315 et seq. 25. Force Majeure: Neither the State nor the Party shall be liable to the other for any failure or delay of performance of any obligations under this Agreement to the extent such failure or delay shall have been wholly or principally caused by acts or events beyond its reasonable control rendering performance illegal or impossible (excluding strikes or lock-outs) (Force Majeure). Where Force Majeure is asserted, the nonperforming party must prove that it made all reasonable efforts to remove, eliminate or minimize such cause of delay or damages, diligently pursued performance of its obligations under this Agreement, substantially fulfilled all non-excused obligations, and timely notified the other party of the likelihood or actual occurrence of an event described in this paragraph. Revised June 22, 2022 Page 19 of 23 26. Marketing: Party shall not refer to the State in any publicity materials, information pamphlets, press releases, research reports, advertising, sales promotions, trade shows, or marketing materials or similar communications to third parties except with the prior written consent of the State. 27. Termination: A. Non-Appropriation: If this Agreement extends into more than one fiscal year of the State (July 1 to June 30), and if appropriations are insufficient to support this Agreement, the State may cancel at the end of the fiscal year, or otherwise upon the expiration of existing appropriation authority. In the case that this Agreement is a Grant that is funded in whole or in part by Federal funds, and in the event Federal funds become unavailable or reduced, the State may suspend or cancel this Grant immediately, and the State shall have no obligation to pay Subrecipient from State revenues. B. Termination for Cause: Either party may terminate this Agreement if a party materially breaches its obligations under this Agreement, and such breach is not cured within thirty (30) days after delivery of the non-breaching partys notice or such longer time as the non-breaching party may specify in the notice. C. Termination Assistance: Upon nearing the end of the final term or termination of this Agreement, without respect to cause, the Party shall take all reasonable and prudent measures to facilitate any transition required by the State. All State property, tangible and intangible, shall be returned to the State upon demand at no additional cost to the State in a format acceptable to the State. 28. Continuity of Performance: In the event of a dispute between the Party and the State, each party will continue to perform its obligations under this Agreement during the resolution of the dispute until this Agreement is terminated in accordance with its terms. 29. No Implied Waiver of Remedies: Either partys delay or failure to exercise any right, power or remedy under this Agreement shall not impair any such right, power or remedy, or be construed as a waiver of any such right, power or remedy. All waivers must be in writing. 30. State Facilities: If the State makes space available to the Party in any State facility during the term of this Agreement for purposes of the Partys performance under this Agreement, the Party shall only use the space in accordance with all policies and procedures governing access to and use of State facilities which shall be made available upon request. State facilities will be made available to Party on an AS IS, WHERE IS basis, with no warranties whatsoever. 31. Requirements Pertaining Only to Federal Grants and Subrecipient Agreements: If this Agreement is a grant that is funded in whole or in part by Federal funds: A. Requirement to Have a Single Audit: The Subrecipient will complete the Subrecipient Annual Report annually within 45 days after its fiscal year end, informing the State of Vermont whether or not a Single Audit is required for the prior fiscal year. If a Single Audit is required, the Subrecipient will submit a copy of the audit report to the granting Party within 9 months. If a single audit is not required, only the Subrecipient Annual Report is required. For fiscal years ending before December 25, 2015, a Single Audit is required if the subrecipient expends $500,000 or more in Federal assistance during its fiscal year and Revised June 22, 2022 Page 20 of 23 must be conducted in accordance with OMB Circular A133. For fiscal years ending on or after December 25, 2015, a Single Audit is required if the subrecipient expends $750,000 or more in Federal assistance during its fiscal year and must be conducted in accordance with 2 CFR Chapter I, Chapter II, Part 200, Subpart F. The Subrecipient Annual Report is required to be submitted within 45 days, whether or not a Single Audit is required. B. Internal Controls: In accordance with 2 CFR Part II, 200.303, the Party must establish and maintain effective internal control over the Federal award to provide reasonable assurance that the Party is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the award. These internal controls should be in compliance with guidance in Standards for Internal Control in the Federal Government issued by the Comptroller General of the United States and the Internal Control Integrated Framework, issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). C. Mandatory Disclosures: In accordance with 2 CFR Part II, 200.113, Party must disclose, in a timely manner, in writing to the State, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures may result in the imposition of sanctions which may include disallowance of costs incurred, withholding of payments, termination of the Agreement, suspension/debarment, etc. 32. Requirements Pertaining Only to State-Funded Grants: A. Certification Regarding Use of State Funds: If Party is an employer and this Agreement is a State-funded grant in excess of $1,001, Party certifies that none of these State funds will be used to interfere with or restrain the exercise of Partys employees rights with respect to unionization. B. Good Standing Certification (Act 154 of 2016): If this Agreement is a State-funded grant, Party hereby represents: (i) that it has signed and provided to the State the form prescribed by the Secretary of Administration for purposes of certifying that it is in good standing (as provided in Section 13(a)(2) of Act 154) with the Agency of Natural Resources and the Agency of Agriculture, Food and Markets, or otherwise explaining the circumstances surrounding the inability to so certify, and (ii) that it will comply with the requirements stated therein. (End of Standard Provisions) Revised June 22, 2022 Page 21 of 23 SAMPLE PURCHASE ORDER (ONE TIME BID AND BUY) 1. PARTIES. THIS IS A CONTRACT FOR COMMODITIES 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 A _____________. 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. MAXIMUM AMOUNT. AS CONSIDERATION FOR THE COMMODITIES TO BE PROVIDED BY CONTRACTOR, THE STATE AGREES TO PAY CONTRACTOR, IN ACCORDANCE WITH THE PAYMENT PROVISIONS SPECIFIED HEREUNDER, THE TOTAL AMOUNT SPECIFIED FOR THE ITEMS LISTED ABOVE. 3. 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. 4. 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. 5. 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 THE 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. 6. ATTACHMENTS: THIS CONTRACT CONSISTS OF __ PAGES INCLUDING THE FOLLOWING ATTACHMENTS WHICH ARE INCORPORATED HEREIN: a. PAGES 1-__ OF THIS DOCUMENT b. ATTACHMENT C DATED 12/15/2017 (STANDARD CONTRACT PROVISIONS FOR CONTRACTS AND GRANTS) 7. ORDER OF PRECEDENCE: ANY AMBIGUITY, CONFLICT OR INCONSISTENCY BETWEEN THE DOCUMENTS COMPRISING THIS CONTRACT SHALL BE RESOLVED ACCORDING TO THE FOLLOWING ORDER OF PRECEDENCE: a. PAGES 1-__ OF THIS DOCUMENT b. ATTACHMENT C (STANDARD CONTRACT PROVISIONS FOR CONTRACTS AND GRANTS) Revised June 22, 2022 Page 22 of 23 8. 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. 9. INVOICING: CONTRACTOR SHALL SUBMIT INVOICES FOR THE PRODUCTS SOLD UNDER ITEMIZING ALL WORK PERFORMED DURING THE INVOICE PERIOD, INCLUDING THE DATES OF SERVICE, RATES OF PAY, HOURS OF WORK PERFORMED, AND ANY OTHER INFORMATION AND/OR DOCUMENTATION APPROPRIATE AND SUFFICIENT TO SUBSTANTIATE THE AMOUNT INVOICED FOR PAYMENT BY THE STATE. ALL INVOICES MUST INCLUDE THE CONTRACT # FOR THIS CONTRACT. 10. INVOICES SHALL BE SUBMITTED TO THE STATE AT THE FOLLOWING ADDRESS: ________________ 11. PAYMENT TERMS: 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. PAYMENT TERMS ARE NET 30 DAYS FROM THE DATE THE STATE RECEIVES AN ERROR-FREE INVOICE WITH ALL NECESSARY AND COMPLETE SUPPORTING DOCUMENTATION. 12. 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. 13. 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. 14. 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. 15. 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. Revised June 22, 2022 Page 23 of 23 16. 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. 17. THE STATE PURCHASING CARD MAY BE USED 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.