180000000770-Action-Target.pdf
PDF 444 KB Posted
- Attached to
- Michigan State Police MI|MA180000000770
- Contract number
- MA180000000770
- Issued by
- Michigan
About this file
This document comprises a state contract for indoor range maintenance services between the State of Michigan and Action Target Inc., a Utah-incorporated company. The contract is administered by the Michigan State Police, located at 7150 Harris Drive, Dimondale, Michigan. The contract number is 180000000770, with an initial effective date of November 15, 2018, and an initial expiration date of November 14, 2021. The contract includes seven one-year renewal options at the sole discretion of the State, with option exercises documented through contract change notices. Key personnel include the State's Contract Administrator Paula Hurst Thomas and Program Manager Sgt. Ted Therrien, and the Contractor's Range Service Account Manager Jared Peay.
The contract covers preventative maintenance and repair services for the Michigan State Police indoor firing range, including routine maintenance visits twice annually at six-month intervals and repair services as requested. Cost Table A establishes a preventative maintenance contract at $4,000 per year for three years, totaling $12,000. Cost Table B provides additional parts and labor as needed, with an estimated three-year price of $59,960.96, including components such as DCU filters, carrier assemblies, control screens, and technician labor. Cost Table C addresses replacement of T1/B1 plates if required, estimated at $69,510.00 for a one-time project. The estimated three-year total contract value is $141,470.96. Contractor must provide software upgrades and patches at no cost to MSP, maintain required insurance including $1,000,000 Commercial General Liability coverage, and deliver all services within 45 calendar days of order receipt. Payment terms are Net 45 via Electronic Funds Transfer, with all pricing firm for the initial contract period and subject to negotiation for renewal periods based on demonstrated cost changes.
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Text version
Version 2 (1/2018) 1
CONTRACT CHANGE NOTICE
Change Notice Number 6 .
to Contract Number 180000000770.
C O
N
TR
A C
TO
R
Action Target, Inc.
ST
A
TE
Pr og ra m M an ag er F/Lt. Tedric Gibbs MSP
3411 S. Mountain Vista Parkway
517-512-3774
Provo, UT 84606 GibbsT1@michigan.gov
Ralston Ramkissoon
C on tra ct
Ad m in is tra to r Susan Mellon MSP
801-396-1221 517-643-6487 rramkissoon@actiontarget.com MellonS3@michigan.gov
VS0054009
STATE OF MICHIGAN PROCUREMENT
Michigan State Police 7150 Harris Drive, Dimondale, Michigan 48821 P. O. Box 30634, Lansing, Michigan 48909
CONTRACT SUMMARY
DESCRIPTION: Indoor Range Maintenance Service Contract
INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE
INITIAL AVAILABLE
OPTIONS
EXPIRATION DATE BEFORE
CHANGE(S) NOTED BELOW
11/15/2018 11/14/2021 Seven One-Year Options 11/14/2025
PAYMENT TERMS DELIVERY TIMEFRAME
Net45 45 days ARO
ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING
☐ P-card ☐ Payment Request (PRC) ☐ Other ☐ Yes ☒ No
MINIMUM DELIVERY REQUIREMENTS
N/A
DESCRIPTION OF CHANGE NOTICE
OPTION LENGTH OF OPTION EXTENSION LENGTH OF
EXTENSION REVISED EXP. DATE
☒ One Year ☐ 11/14/2026
CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE
$141,470.96 $0.00 $141,470.96
Version 2 (1/2018) 2
CHANGE NOTICE NO. 6 TO CONTRACT NO. 180000000770
DESCRIPTION: Effective 10/30/2025, the fifth option year available on this Contract is hereby exercised and Schedule B Pricing is restated. All other terms, conditions, pricing, and specifications remain unchanged. Per agency request and vendor agreement.
Version 2 (1/2018) 3
STATE OF MICHIGAN
Contract No. 180000000770 Indoor Range Maintenance Service Contract
SCHEDULE B
PRICING
1. Pricing includes all costs, including but not limited to, any one-time or set-up charges, fees, and potential costs that Contractor may charge the State (e.g., shipping and handling, per piece pricing, and palletizing).
2. By submitting its proposal, the Contractor certifies that the prices were arrived at independently, and without consultation, communication, or agreement with any other Contractor.
3. Exact quantities to be purchased are unknown; however, the Contractor will be required to furnish all Contract Activities that may be ordered during the Contract period. Quantities specified, if any, are estimates and the State is not obligated to purchase in these or any other quantities.
COST TABLE (A): PREVENTATIVE MAINTENANCE CONTRACT
Description Quantity Unit of Measure
Unit Cost Extended Cost
Range Maintenance Service Contract – Bronze Plan
Per the attached specifications
1 Year 1 $4,000.00 $4,000.00
Range Maintenance Service Contract – Bronze Plan
Per the attached specifications
1 Year 2 $4,000.00 $4,000.00
Range Maintenance Service Contract – Bronze Plan
Per the attached specifications
1 Year 3 $4,000.00 $4,000.00
ESTIMATED THREE YEAR PREVENTATIVE MAINTENANCE CONTRACT PRICE (A)
$12,000.00
COST TABLE (B): ADDITIONAL PARTS AS NEEDED
Measure
Unit Cost Extended Cost
DCU Filter 4 EA $470.50
$1,882.00
Filter Compound 1 EA $134.50
$134.50
Mancom AWD Start Section Dead-Stop Assembly 1 EA $65.74 $65.74
Version 2 (1/2018) 4
AWD End Section Dead-Stop Assembly 1 EA $73.28 $73.28
Clamp Assembly
1 EA $198.30 $198.30
Mancom AWD Carrier Assembly
1 EA $14,118.44 $14,118.44
Mancom AWD Carrier Downrigger Weldment 1 EA $309.80 $309.80
ASALM12V7 Lithium Ion Battery
13.2V (60WH) 4.6 AH 1 EA $812.89 $812.89
G250X Step Motor Drive
1 EA $255.87 $255.87
L050N Rev Black Buna N Lovejoy Coupling Insert 1 EA $11.91 $11.91
L050U Rev Blue Urethan Lovejoy Coupling Insert 1 EA $13.98 $13.98
Mancom AWD Local Control Screen 1 EA $4,290.68 $4,290.68
LED Driver Printed Circuit Board Assembly PCB-AWD-LD-001- V2.0
1 EA $163.14 $163.14
PCB-AWD-LED-001-V2.1 AWD
LED PCB Assembly 1 EA $169.23 $169.23
PCB-AWD-MTR-001-V2.0 AWD
Carrier Motors PCB Assembly 1 EA $379.78 $379.78
Mancom AWD Master Control Screen Assembly 1 EA $10,160.92 $10,160.92
Mancom 42mm White Wheel Replacement 1 EA $39.36 $39.36
Assembly, AWD, Carrier, Motor with Encoder, replacement 1 EA $755.14 $755.14
Mancom AWD Carrier Drive Wheel Replacement Assembly 1 EA $188.10 $188.10
Mancom AWD Carrier Motor Replacement Assembly 1 EA $783.19 $783.19
Mancom AWD Carrier Turning Motor Replacement Assembly 11 EA $854.58 $9,400.38
Mancom AWD Carrier LED Replacement Assembly 1 EA $439.33 $439.33
Mancom AWD Clamp Replacement Assembly 1 EA $987.05 $987.05
Mancom AWD Mainboard (configured) 1 EA $329.30 $329.30
Mancom AWD Master Control Screen 1 EA $8,992.75 $8,992.75
Mancom Wheel Assembly
1 EA $5.90 $5.90
Extra Technician (8 hour day)
1 EA
$2,000.00 $2,000.00
Unifi AC Mesh Access Point
3 EA $499.30 $1,497.90
UAW DCU Replacement Filter 6 EA $418.07 $2,508.42
Version 2 (1/2018) 5
TCT 5 Back Shell Panel – AR550, 4 Ft. 2 EA $1,766.90 $3,533.80
DCU SFC Control Panel – 460V, 10HP 1 EA $5,789.00 $5,789.00
Version 2 (1/2018) 6
Labor: 2 Techs for 3 Days to work on filters / DCU and Access Point for SiFi Range Signal and Change 2 Shells
3 Days $3,150.00 $9,450.00
Estimated Shipping
1 LOT 2,160.33 $2,160.33
COST TABLE (C): REPLACEMENT OF T1/B1 PLATES, IF REQUIRED
Description Quantity Unit of Measure Unit Cost Extended Cost Labor (full crew up to 4 days) To Include Mobilization, Air Travel, Rentals, Hotel, Per Diem, PPE, Insurance, Consumables
Does not Include replacing mouths of chambers
1 LOT $43,800.00 $43,800.00
Hardware, Nuts, Bolts, Hooks, etc.
. 1 LOT $1,150.00 $1,150.00
TCT TB1 Plates, both bays, 5 lane and 10 lane 1 LOT $20,560.00 $20,560.00
1 LOT $4,000.00 $4,000.00
Version 2 (1/2018) 7
Change Notice Number 5 .
N
TR
A C ra m M an ag er F/Lt. Tedric Gibbs MSP
517-512-3774
Provo, UT 84606 GibbsT1@michigan.gov
Ralston Ramkissoon
C on in is tra to r Paula Hurst Thomas MSP
801-396-1221 517-243-9786 rramkissoon@actiontarget.com HurstP3@michigan.gov
VS0054009
STATE OF MICHIGAN PROCUREMENT
Michigan State Police 7150 Harris Drive, Dimondale, Michigan 48821 P. O. Box 30634, Lansing, Michigan 48909
CONTRACT SUMMARY
DESCRIPTION: Indoor Range Maintenance Service Contract
INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE
INITIAL AVAILABLE
OPTIONS
EXPIRATION DATE BEFORE
CHANGE(S) NOTED BELOW
11/15/2018 11/14/2021 Seven One-Year Options 11/14/2024
PAYMENT TERMS DELIVERY TIMEFRAME
Net45 45 days ARO
ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING
☐ P-card ☐ Payment Request (PRC) ☐ Other ☐ Yes ☒ No
MINIMUM DELIVERY REQUIREMENTS
N/A
DESCRIPTION OF CHANGE NOTICE
OPTION LENGTH OF OPTION EXTENSION LENGTH OF
EXTENSION REVISED EXP. DATE
☒ One Year ☐ 11/14/2025
Version 2 (1/2018) 8
DESCRIPTION: Effective 10/11/2024, the fourth option year available on this Contract is hereby exercised and Schedule B Pricing is restated. In addition, the Contractor representative has been changed and the MSP Program Manager has been changed. All other terms, conditions, pricing, and specifications remain unchanged. Per agency request and vendor agreement (email from R. Ramkissoon dated 10/04/2024).
Version 2 (1/2018) 9
4. Pricing includes all costs, including but not limited to, any one-time or set-up charges, fees, and potential costs that Contractor may charge the State (e.g., shipping and handling, per piece pricing,
5. By submitting its proposal, the Contractor certifies that the prices were arrived at independently,
6. Exact quantities to be purchased are unknown; however, the Contractor will be required to furnish all Contract Activities that may be ordered during the Contract period. Quantities specified, if any, Measure
Unit Cost Extended Cost
Range Maintenance Service Contract – Bronze Plan
Per the attached specifications
1 Year 1 $4,000.00 $4,000.00
Range Maintenance Service Contract – Bronze Plan
Per the attached specifications
1 Year 2 $4,000.00 $4,000.00
Range Maintenance Service Contract – Bronze Plan
Version 2 (1/2018) 10
Weldment 1 EA $309.80 $309.80
Coupling Insert 1 EA $11.91 $11.91
L050U Rev Blue Urethan Lovejoy Coupling Insert 1 EA $13.98 $13.98
Mancom AWD Local Control Screen 1 EA $4,290.68 $4,290.68
LED Driver Printed Circuit Board Assembly PCB-AWD-LD-001- V2.0
1 EA $163.14 $163.14
PCB-AWD-LED-001-V2.1 AWD
LED PCB Assembly 1 EA $169.23 $169.23
PCB-AWD-MTR-001-V2.0 AWD
Carrier Motors PCB Assembly 1 EA $379.78 $379.78
Mancom AWD Master Control Screen Assembly 1 EA $10,160.92 $10,160.92
Mancom 42mm White Wheel Replacement 1 EA $39.36 $39.36
Assembly, AWD, Carrier, Motor with Encoder, replacement 1 EA $755.14 $755.14
Mancom AWD Carrier Drive Wheel Replacement Assembly 1 EA $188.10 $188.10
Mancom AWD Carrier Motor Replacement Assembly 1 EA $783.19 $783.19
Mancom AWD Carrier Turning Motor Replacement Assembly 11 EA $854.58 $9,400.38
Mancom AWD Carrier LED Replacement Assembly 1 EA $439.33 $439.33
Mancom AWD Clamp Replacement Assembly 1 EA $987.05 $987.05
Mancom AWD Mainboard (configured) 1 EA $329.30 $329.30
Unifi AC Mesh Access Point
Version 2 (1/2018) 11
Version 2 (1/2018) 12 for SiFi Range Signal and Change
To Include Mobilization, Air Travel, Rentals, Hotel, Per Diem, PPE, Insurance, Consumables
Does not Include replacing mouths of chambers
1 LOT $43,800.00 $43,800.00
Hardware, Nuts, Bolts, Hooks, etc.
. 1 LOT $1,150.00 $1,150.00
Version 2 (1/2018) 13
Change Notice Number 4 .
N
TR
A C ra m M an ag er F/Lt. Timothy Olson MSP
517-898-1293
Provo, UT 84606 OlsonT5@michigan.gov
Jared Peay
C on in is tra to r Paula Hurst Thomas MSP
801-787-2260 517-243-9786 jaredp@actiontarget.com HurstP3@michigan.gov
VS0054009
STATE OF MICHIGAN PROCUREMENT
Michigan State Police 7150 Harris Drive, Dimondale, Michigan 48821 P. O. Box 30634, Lansing, Michigan 48909
CONTRACT SUMMARY
DESCRIPTION: Indoor Range Maintenance Service Contract
INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE
INITIAL AVAILABLE
OPTIONS
EXPIRATION DATE BEFORE
CHANGE(S) NOTED BELOW
11/15/2018 11/14/2021 Seven One-Year Options 11/14/2023
PAYMENT TERMS DELIVERY TIMEFRAME
Net45 45 days ARO
ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING
☐ P-card ☐ Payment Request (PRC) ☐ Other ☐ Yes ☒ No
MINIMUM DELIVERY REQUIREMENTS
N/A
DESCRIPTION OF CHANGE NOTICE
OPTION LENGTH OF OPTION EXTENSION LENGTH OF
EXTENSION REVISED EXP. DATE
☒ One Year ☐ 11/14/2024
Version 2 (1/2018) 14
Change Notice Number 3
N
TR
A C
Action Target Inc.
A
TE
Pr og ra
M an ag er
3411 S. Mountain Vista Parkway 517-898-1293
Provo, UT 84606 OlsonT5@michigan.gov
Jared Peay
C on in is tra to r Paula Hurst Thomas MSP
801-787-2260 517-243-9786 jaredp@actiontarget.com HurstP3@michigan.gov
VS0054009
DESCRIPTION: Effective 10/11/2023, the third option year available on this Contract is hereby exercised. All other terms, conditions, pricing, and specifications remain unchanged. Per agency request and vendor agreement (email from J. Peay dated 10/09/2023).
STATE OF MICHIGAN PROCUREMENT
Michigan State Police 7150 Harris Drive, Dimondale, Michigan 48821 P. O. Box 30634, Lansing, Michigan 48909
CONTRACT SUMMARY
DESCRIPTION: Indoor Range Maintenance Service Contract
INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE
INITIAL AVAILABLE
OPTIONS
EXPIRATION DATE BEFORE
CHANGE(S) NOTED BELOW
11/15/2018 11/14/2021 Seven One-Year Options 11/14/2022
PAYMENT TERMS DELIVERY TIMEFRAME
Net45 45 days ARO
ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING
☐ P-card ☐ Payment Request (PRC) ☐ Other ☐ Yes ☒ No
MINIMUM DELIVERY REQUIREMENTS
N/A
DESCRIPTION OF CHANGE NOTICE
Version 2 (1/2018) 15
OPTION LENGTH OF OPTION EXTENSION LENGTH OF
EXTENSION REVISED EXP. DATE
☒ One Year ☐ 11/14/2023
CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE
$141,470.96 $0.00 $141,470.96 DESCRIPTION: Effective 07/19/2023, items highlighted on Schedule B, Pricing, are added to this Contract. All other terms, conditions, pricing, and specifications remain unchanged. Per agency request and vendor agreement (vendor quote dated 06/28/2023).
Version 2 (1/2018) 16
SCHEDULE B - REVISED
7. Pricing includes all costs, including but not limited to, any one-time or set-up charges, fees, and potential costs that Contractor may charge the State (e.g., shipping and handling, per piece pricing,
8. By submitting its proposal, the Contractor certifies that the prices were arrived at independently,
9. Exact quantities to be purchased are unknown; however, the Contractor will be required to furnish all Contract Activities that may be ordered during the Contract period. Quantities specified, if any, Measure
Unit Cost Extended Cost
Range Maintenance Service Contract – Bronze Plan
Per the attached specifications
1 Year 1 $4,000.00 $4,000.00
Range Maintenance Service Contract – Bronze Plan
Per the attached specifications
1 Year 2 $4,000.00 $4,000.00
Range Maintenance Service Contract – Bronze Plan
Version 2 (1/2018) 17
Weldment 1 EA $309.80 $309.80
Coupling Insert 1 EA $11.91 $11.91
L050U Rev Blue Urethan Lovejoy Coupling Insert 1 EA $13.98 $13.98
Mancom AWD Local Control Screen 1 EA $4,290.68 $4,290.68
LED Driver Printed Circuit Board Assembly PCB-AWD-LD-001- V2.0
1 EA $163.14 $163.14
PCB-AWD-LED-001-V2.1 AWD
LED PCB Assembly 1 EA $169.23 $169.23
PCB-AWD-MTR-001-V2.0 AWD
Carrier Motors PCB Assembly 1 EA $379.78 $379.78
Mancom AWD Master Control Screen Assembly 1 EA $10,160.92 $10,160.92
Mancom 42mm White Wheel Replacement 1 EA $39.36 $39.36
Assembly, AWD, Carrier, Motor with Encoder, replacement 1 EA $755.14 $755.14
Mancom AWD Carrier Drive Wheel Replacement Assembly 1 EA $188.10 $188.10
Mancom AWD Carrier Motor Replacement Assembly 1 EA $783.19 $783.19
Mancom AWD Carrier Turning Motor Replacement Assembly 11 EA $854.58 $9,400.38
Mancom AWD Carrier LED Replacement Assembly 1 EA $439.33 $439.33
Mancom AWD Clamp Replacement Assembly 1 EA $987.05 $987.05
Mancom AWD Mainboard (configured) 1 EA $329.30 $329.30
Unifi AC Mesh Access Point
Version 2 (1/2018) 18
Version 2 (1/2018) 19 for SiFi Range Signal and Change
To Include Mobilization, Air Travel, Rentals, Hotel, Per Diem, PPE, Insurance, Consumables
Does not Include replacing mouths of chambers
1 LOT $43,800.00 $43,800.00
Hardware, Nuts, Bolts, Hooks, etc.
. 1 LOT $1,150.00 $1,150.00
Version 2 (1/2018) 20
Change Notice Number 2.
N
TR
A C
A
TE
Pr og
3411 S. Mountain Vista Parkway 517-898-1293
Provo, UT 84606 OlsonT5@michigan.gov
Jared Peay C on in is tra to r Paula Hurst Thomas MSP
801-787-2260 517-243-9786 jaredp@actiontarget.com HurstP3@michigan.gov
VS0054009
STATE OF MICHIGAN PROCUREMENT
Michigan State Police 7150 Harris Drive, Dimondale, Michigan 48821 P. O. Box 30634, Lansing, Michigan 48909
CONTRACT SUMMARY
DESCRIPTION: Indoor Range Maintenance Service Contract
INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE
INITIAL AVAILABLE
OPTIONS
EXPIRATION DATE BEFORE
CHANGE(S) NOTED BELOW
11/15/2018 11/14/2021 Seven One-Year Options 11/14/2022
PAYMENT TERMS DELIVERY TIMEFRAME
Net45 45 days ARO
ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING
☐ P-card ☐ Payment Request (PRC) ☐ Other ☐ Yes ☒ No
MINIMUM DELIVERY REQUIREMENTS
N/A
DESCRIPTION OF CHANGE NOTICE
OPTION LENGTH OF OPTION EXTENSION LENGTH OF
EXTENSION REVISED EXP. DATE
☒ One Year ☐ 11/14/2023
Version 2 (1/2018) 21
DESCRIPTION: Effective 11/02/2022, the second option year available on this Contract is hereby exercised. In addition, the Contractor Representative has been changed and the State Program Manager has been changed. All other terms, conditions, pricing, and specifications remain unchanged. Per agency request and vendor agreement (email dated 11/01/2022).
Version 2 (1/2018) 22
Change Notice Number 1 .
N
TR
A C
A
TE
Pr og
F/Lt. Barry Schrader MSP
3411 S. Mountain Vista Parkway 269-397-0574
Provo, UT 84606 SchraderB@michigan.gov
Tyler Mousser C on in is tra to r Paula Hurst Thomas MSP
801-396-1246 517-243-9786 tmousser@actiontarget.com HurstP3@michigan.gov
VS0054009
STATE OF MICHIGAN PROCUREMENT
Michigan State Police 7150 Harris Drive, Dimondale, Michigan 48821 P. O. Box 30634, Lansing, Michigan 48909
CONTRACT SUMMARY
DESCRIPTION: Indoor Range Maintenance Service Contract
INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE
INITIAL AVAILABLE
OPTIONS
EXPIRATION DATE BEFORE
CHANGE(S) NOTED BELOW
11/15/2018 11/14/2021 Seven One-Year Options 11/14/2021
PAYMENT TERMS DELIVERY TIMEFRAME
Net45 45 days ARO
ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING
☐ P-card ☐ Payment Request (PRC) ☐ Other ☐ Yes ☒ No
MINIMUM DELIVERY REQUIREMENTS
N/A
DESCRIPTION OF CHANGE NOTICE
OPTION LENGTH OF OPTION EXTENSION LENGTH OF
EXTENSION REVISED EXP. DATE
☒ One Year ☐ 11/14/2022
Version 2 (1/2018) 23
DESCRIPTION: Effective 10/28/2021, the first option year available on this Contract is hereby exercised. In addition, the Contractor Representative has been changed and the State Program Manager has been changed. All other terms, conditions, pricing, and specifications remain unchanged. Per agency request and vendor agreement (email dated 10/5/2021).
Version 2 (1/2018) 24
NOTICE OF CONTRACT
NOTICE OF CONTRACT NO. 180000000770 .
between
THE STATE OF MICHIGAN
and
N
TR
A C
A
TE
Pr og
Sgt. Ted Therrien MSP
3411 S. Mountain Vista Parkway 517-331-6191
Provo, UT 84606 TherrienT@michigan.gov
Jared Peay
C on in is tra to r Paula Hurst Thomas MSP
801-377-8033 517-284-3305 jpeay@actiontarget.com HurstP3@michigan.gov
VS0054009
CONTRACT SUMMARY
DESCRIPTION: Indoor Range Maintenance Service Contract
INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE
INITIAL AVAILABLE
OPTIONS
EXPIRATION DATE BEFORE
CHANGE(S) NOTED BELOW
11/15/2018 11/14/2021 Seven One-Year Options 11/14/2021
PAYMENT TERMS DELIVERY TIMEFRAME
Net 45 45 days ARO
ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING
☐ P-card ☐ Payment Request (PRC) ☐ Other ☐ Yes ☒ No
MINIMUM DELIVERY REQUIREMENTS
N/A
MISCELLANEOUS INFORMATION
N/A
ESTIMATED CONTRACT VALUE AT TIME OF EXECUTION $141,470.96
ENTERPRISE PROCUREMENT
Michigan State Police 7150 Harris Drive, Dimondale, Michigan 48821 P. O. Box 30634, Lansing, Michigan 48909
Version 2 (1/2018) 25
Contract 180000000770
SCHEDULE A
STATEMENT OF WORK
CONTRACT ACTIVITIES
This schedule identifies the requirements of this Contract.
BACKGROUND
This Contract is for a service agreement for ongoing maintenance and repair of the Michigan State Police (MSP) indoor firing range. This range is used by the MSP for firearms training to include new recruits, in-service personnel, instructor level schools as well as yearly refreshers, camps, and tours.
SCOPE
Contractor will be required to provide preventative maintenance checks twice per year at six-month intervals and complete repair services as requested. All costs, including parts, labor, and travel must be included in the bid. Any additional fees must be clearly defined in the Cost Tables included on Schedule B, Pricing.
Contractor will also be required to provide software upgrades and patches at no cost to MSP and must provide on-site training after each software change, enhancement, or upgrade. In addition, Contractor must provide and maintain software on the primary equipment set-up and on a backup computer provided by
MSP.
The State reserves the right to adjust products and service requirements to fit their needs.
REQUIREMENTS
1. General Requirements
1.1. Product Specifications
The Contractor must provide the following:
General Routine Maintenance:
General Routine Maintenance visits include one technician for one day, twice per year up to eight hours each occurrence, and includes:
Compressor and Air Lines
1. Check oil level and air filter. Replace as needed.
2. Inspect belts and hoses. Replace as needed.
3. Drain water condensation buildup.
4. Inspect air dryer system functionality (if applicable).
5. Test entire system for leaks. Repair as needed (leaks buried in the ground may require additional days).
6. Verify correct pressure settings and adjust if necessary.
Tower/Control Room
1. Test computer, monitor, Air Command phone, and modem.
2. Inspect fans on control modules and clean or replace as needed.
3. Update range control software to the latest versions (if appropriate).
4. Run standard software programs and scenarios to certify completeness.
5. Check and organize cords and cables.
Version 2 (1/2018) 26
Target Retrievers
1. Inspect track and bus bars for alignment, damage, missing hardware, and holes. Replace styrene strips or shoulder washers as needed.
2. Inspect and clean copper bus-bars with non-metallic Scotchbrite or similar as needed.
3. Inspect track end idler pulleys for damage. Repair or replace as necessary.
4. Vacuum/remove unburnt powder and debris (rubber, bullet casings, shotgun wad, wood, etc.) from track rail.
5. Inspect track hanger brackets for damage and that they are securely fastened to the track. Replace brackets/tighten hardware as necessary.
6. Inspect dead-stops/rubber bumpers at both ends of track for damage. Repair or replace as necessary.
7. Check local and master control devices. Adjust and tune as needed.
8. Inspect trolley and trolley wheels for damage. Replace as necessary.
9. Verify trolley distances along the track and adjust as needed.
10. Inspect cable tensions and adjust as needed.
11. Inspect cable for damage, nicks, or frayed/missing vinyl (if applicable). Replace as necessary.
TCT Bullet Trap
1. Inspect impact plates and joint strips for bowing or damage. Document bowing plates for flipping or replacement.
2. Inspect the S1 connection points for bowing, gaps, or escaping rounds. Clean and re-build as needed.
3. Inspect chamber deflector edges for damage. Document damage for replacement.
4. Inspect chamber mouths and verify ½” clearance opening across the width of the trap.
5. Use a scope camera to examine chamber interiors.
6. Inspect the backs of the declaration chambers for wear.
7. Inspect wall deflectors for gaps between the steel and the wall. Tighten as needed.
8. Inspect for leakage and seal as needed.
9. Empty lead collection canisters into a container provided by and disposed of by the customer.
10. Inspect lead evacuation ports for blockages or ingots. Clear and clean as needed.
11. Inspect gaskets and caulking to ensure tight seals.
NOTE – Replacement of bullet trap components may require additional work days billed above and beyond the pre-scheduled maintenance plan labor.
Dust Collection Unit
1. Inspect duct work for clogs and damage. Empty and repair as needed.
2. Inspect the motor shaft. Grease/lube as needed.
3. Inspect flow gates and adjust as needed.
4. Inspect DCU air compressor.
a. Check oil level and air filter. Replace as needed.
b. Drain water condensation buildup.
c. Check air dryer system functionality (if applicable).
d. Test entire system for leaks. Repair as needed.
e. Verify correct pressure settings and adjust if necessary. (90-125 psi)
5. Check Photohelic set points and adjust static pressure controls as necessary. (low = .5 high = 3.5)
6. Verify and test purge cycle functionality.
7. Verify and test automatic breach detection system and horn.
8. Inspect DCU filters. Verify correct installation. Verify tight seals. Replace filters as needed. Add diatomaceous earth.
Screw Conveyor System
1. Inspect trough for clogs or blockages. (If removing the trough is required, additional days or charges may be incurred)
2. Inspect hanger bearings for wear and damage. Replace as needed.
3. Inspect discharge system and collection barrel. Have customer empty or replace barrel if it is more than 2/3 full.
4. Add ½ cup of mineral oil to the lower section of the discharge auger.
5. Inspect circuit breakers, thermal overloads, and verify start up procedures.
Version 2 (1/2018) 27
6. Inspect gear boxes for lubrication. Add as needed.
7. Inspect trough gaskets to ensure proper seals.
8. Verify timer functionality and verify settings.
Repairs outside the Scope of Routine Maintenance:
If repairs to the equipment are necessary, and the repairs are not covered under the routine maintenance plan, Contractor must submit a written estimate to the MSP Program Manager outlining all work required, parts needed, and estimated cost. The estimate must be approved before work can begin.
1.2. Warranties
Warranty includes parts and labor for one year. Warranty covers manufacturer defect. Warranty does not cover consumable items. In the event of a manufacturer defect, contact the Range Service Account Manager and a new part will be issued. Warranty parts are expedited; if they are in stock they ship same day. If they are not in stock, they are internally expedited. The defective part(s) must be returned to the Contractor and must be clean and lead-free. The Contractor will provide a shipping label for returning defective parts. If the defective part is not returned, the Contractor will issue an invoice for the cost of the new part. Warranty does not cover abuse or lack of daily/weekly/monthly maintenance. Abuse includes lack of preventative maintenance, now following recommended repairs, shooting AP ammunition or calibers not rated for trap use, deliberate bullet strikes to carriers, shooting carriers when the target is not “faced”.
The State reserves the right to require additional warranties.
1.3. Recall Requirements and Procedures
As soon as the Contractor is aware of a recall, a recall notice will be sent to the MSP Program Manager.
Customers are notified of recalls via email or telephone.
1.4. Quality Assurance Program
The Contractor has a thorough Quality Assurance and non-conforming report program.
1.5. Reserved
2. Service Levels
2.1. Time Frames
All Contract Activities must be delivered within 45 calendar days from receipt of order. The receipt of order date is pursuant to Section 2, Notices, of the Standard Contract Terms.
2.2. Reserved
2.3. Reserved
2.4. Technical Support and Repairs
When providing technical support, the Call Center will make every effort to resolve the caller’s issue within one business day. If the caller’s issue cannot be resolved over the telephone, on-site service must be scheduled. The on-site service must be performed within 45 calendar day of the time the issue was first reported.
In the event a Recruit School is in session, and the Indoor Range is inoperable, emergency repair services will be required. Emergency visits are not included in the preventative maintenance contract and will be quoted separately based Cost Tables included in Schedule B, Pricing. Emergency visit costs will include the cost of the technician, per day, and may include additional fees such as airfare, expedited parts costs, overtime, and weekend or holiday pay.
2.5. Maintenance
On-site maintenance must be performed according the recommended manufacturer maintenance schedule.
2.6. Training
The Contractor must provide training for any updated or modified parts of the Action Target Indoor Range system that are replaced that deviate from the original use/design. Training will be included as part of the
Version 2 (1/2018) 28 maintenance visit as time allows. Additional training will be prioritized by the range prior to the maintenance visit. Any additional training required will be scheduled during a separate visit.
2.7. Reporting
After each regularly scheduled preventative maintenance check, the Contractor must submit to the Program manager, via email and within 10 business days, the following written reports:
1) Summary of current range status
2) Estimate for suggested repairs, if any
3) Summary of recommended future maintenance to be completed by owner or Contractor
4) Updated manual or technical information for Action Target Indoor Range System, if applicable
After each regularly scheduled preventative maintenance check, the Contractor must submit to the Program manager via email and within one business day, the following written report:
1) Estimate for required repairs, if any
2.8. Meetings
The State may request meetings as it deems appropriate. The State will work with the Contractor to find a mutually agreeable date, time and method of meeting, whether conference call or in-person.
3. Staffing
3.1. Contractor Representative
The Contractor must appoint one Range Services Account Manager, specifically assigned to State of Michigan accounts, that will respond to State inquiries regarding the Contract Activities, answering questions related to ordering and delivery, etc. (the “Contractor Representative”).
Jared Peay, Range Service Account Manager Phone: 801-396-1221 Email: jpeay@actiontarget.com
3.2. Key Personnel
The Contractor must appoint one Range Services Account Manager who will be directly responsible for the day to day operations of the Contract (“Key Personnel”). Key Personnel must be specifically assigned to the State account, be knowledgeable on the contractual requirements, and respond to State inquires within 24 hours.
The Contractor may not remove or assign Key Personnel without the prior consent of the State. Prior consent is not required for reassignment for reasons beyond the Contractor’s control, including illness, disability, death, leave of absence, personal emergency circumstances, resignation, or termination for cause.
The State may request a résumé and conduct an interview before approving a change. The State may require a 30 calendar day training period for replacement personnel.
3.3. Non-Key Personnel
The Contractor must notify the Contract Administrator at least 10 calendar days before removing or assigning non-key personnel.
3.4. Reserved
3.5. Customer Service Toll-Free Number
The Contractor must specify its toll-free number for the State to make contact with the Contractor Representative. The Contractor Representative must be available for calls during the hours of 8 am to 5 pm
EST.
Customer Service Number: 1-888-377-8033
Version 2 (1/2018) 29
3.6. Technical Support, Repairs and Maintenance
The Contractor must specify its telephone number for the State to make contact with the Contractor for technical support, repairs and maintenance. The Contractor must be available for calls and service during the hours of 8 am to 5 pm EST.
Technical Support/Repairs/Maintenance: Angela Allen Jared Peay
1-801-705-9122 1-888-377-8033 Aallen@actiontarget.com jpeay@actiontarget.com
3.7. Disclosure of Subcontractors
If the Contractor intends to utilize subcontractors, the Contractor must disclose the following:
Legal Business Name of Subcontractor: MEC Address of Subcontractor: 1139 S. 325 E
Ivins, UT 84738 Telephone Number of Subcontractor: 801-885-2057 Description of Subcontractor’s organization and services Subcontractor will provide
Third party subcontractor with Vast ATI Inc.
Experience providing labor and the tools necessary to complete required work.
Information supporting Subcontractor’s ability to provide the Contract Activities
Over 20 years installing, repairing and maintaining Action Target range equipment
Relationship of Subcontractor to the Contractor Subcontractor; installation specialist Whether Contractor has a previous working experience with the Subcontractor. If yes, provide the details of that previous relationship
Over 20 years installing, repairing and maintaining Action Target range equipment
Complete description of Contract Activities that will be performed or provided by the Subcontractor
Includes, but it not limited to, Trap, DCU, Carrier, Stall, Shooting range equipment repair, maintenance and cleaning
3.8. Security
The Contractor will be subject the following security procedures: All personnel accessing criminal justice information systems or facilities are required to pass a fingerprint-based background check. Any criminal convictions may result in the vendor being refused access to the facility.
The Contractor’s staff may be required to make deliveries to or enter State facilities. The State may require the Contractor’s personnel to wear State issued identification badges.
4. Pricing
4.1. Price Term
Pricing is firm for the entire length of the Contract on Cost Table A and Cost Table B. Cost Table C is firm for the first year of the Contract.
4.2. Price Changes
After the original Contract period expires for Cost Table A and Cost Table B, and after the first Contract period expires for Cost Table C, adjustments will be based on changes in actual Contractor costs. Any request must be supported by written evidence documenting the change in costs.
Both parties will negotiate price change requests, for no longer than 30 days, unless extended by mutual agreement. The Contractor remains responsible for Contract Activities at the current price for all orders received before the Contract period expires.
4.3 Reserved
5. Ordering
5.1. Authorizing Document
Version 2 (1/2018) 30
The appropriate authorizing document for the Contract will be a Purchase Order. The Contractor is not authorized to begin performance until receipt of a Purchase Order.
5.2 Order Verification
The Contractor must have internal controls, approved by DTMB-Procurement, to verify abnormal orders and to ensure that only authorized individuals place orders.
6. Reserved
7. Acceptance
7.1. Acceptance, Inspection and Testing
The agency will use the acceptance process defined in Section 16, Acceptance, of the Standard Contract Terms; however, if the MSP Program Manager deems that, due to service provided, the indoor range is unusable, the Contractor will remain on site at no additional cost to the State and complete the repair until the MSP Program Manager agrees that the system is fully operational.
7.2. Final Acceptance
After routine maintenance or service repairs are completed, Final Acceptance will occur when the MSP Program Manager verifies that the indoor range is operational.
8. Invoice and Payment
8.1. Invoice Requirements
All invoices submitted to the State must include: (a) date; (b) purchase order; (c) quantity; (d) description of the Contract Activities; (e) unit price; (f) shipping cost (if any); and (g) total price.
8.2. Payment Methods
The State will make payment for Contract Activities via Electronic Funds Transfer (EFT).
8.3. Reserved
9. Reserved
10. Licensing Agreement The Contractor must provide a copy of any applicable licensing agreement.
11. Reserved.
12. Additional Requirements
12.1. Environmental and Energy Efficient Products
The Contractor must identify any energy efficient, bio-based, or otherwise environmental friendly products used in the products. Contractor must include any relevant third-party certification, including the verification of a United States department of agriculture certified bio based product label.
No environmental or energy efficient products used.
12.2. Hazardous Chemical Identification
In accordance with the federal Emergency Planning and Community Right-to-Know Act, 42 USC 11001, et seq., as amended, the Contractor must provide a Material Safety Data Sheet listing any hazardous chemicals, as defined in 40 CFR §370.2, to be delivered. Each hazardous chemical must be properly identified, including any applicable identification number, such as a National Stock Number or Special Item Number.
Version 2 (1/2018) 31
The Contractor must identify any hazardous chemicals that will be provided under any resulting contract.
No hazardous chemicals used.
12.3. Mercury Content
Pursuant to MCL 18.1261d, mercury-free products must be procured when possible. The Contractor must explain if it intends to provide products containing mercury, the amount or concentration of mercury, and whether cost competitive alternatives exist. If a cost competitive alternative does exist, the Contractor must provide justification as to why the particular product is essential. All products containing mercury must be labeled as containing mercury.
Products do not contain mercury.
12.4. Brominated Flame Retardants
The State prefers to purchase products that do not contain brominated flame retardants (BFRs) whenever possible. The Contractor must disclose whether the products contain BFRs.
Products do not contain BFRs.
Version 2 (1/2018) 32
10. Pricing includes all costs, including but not limited to, any one-time or set-up charges, fees, and potential costs that Contractor may charge the State (e.g., shipping and handling, per piece pricing,
11. By submitting its proposal, the Contractor certifies that the prices were arrived at independently,
12. Exact quantities to be purchased are unknown; however, the Contractor will be required to furnish all Contract Activities that may be ordered during the Contract period. Quantities specified, if any, Measure
Unit Cost Extended Cost
Range Maintenance Service Contract – Bronze Plan
Per the attached specifications
1 Year 1 $4,000.00 $4,000.00
Range Maintenance Service Contract – Bronze Plan
Per the attached specifications
1 Year 2 $4,000.00 $4,000.00
Range Maintenance Service Contract – Bronze Plan
Version 2 (1/2018) 33
Weldment 1 EA $309.80 $309.80
Coupling Insert 1 EA $11.91 $11.91
L050U Rev Blue Urethan Lovejoy Coupling Insert 1 EA $13.98 $13.98
Mancom AWD Local Control Screen 1 EA $4,290.68 $4,290.68
LED Driver Printed Circuit Board Assembly PCB-AWD-LD-001- V2.0
1 EA $163.14 $163.14
PCB-AWD-LED-001-V2.1 AWD
LED PCB Assembly 1 EA $169.23 $169.23
PCB-AWD-MTR-001-V2.0 AWD
Carrier Motors PCB Assembly 1 EA $379.78 $379.78
Mancom AWD Master Control Screen Assembly 1 EA $10,160.92 $10,160.92
Mancom 42mm White Wheel Replacement 1 EA $39.36 $39.36
Assembly, AWD, Carrier, Motor with Encoder, replacement 1 EA $755.14 $755.14
Mancom AWD Carrier Drive Wheel Replacement Assembly 1 EA $188.10 $188.10
Mancom AWD Carrier Motor Replacement Assembly 1 EA $783.19 $783.19
Mancom AWD Carrier Turning Motor Replacement Assembly 11 EA $854.58 $9,400.38
Mancom AWD Carrier LED Replacement Assembly 1 EA $439.33 $439.33
Mancom AWD Clamp Replacement Assembly 1 EA $987.05 $987.05
Mancom AWD Mainboard (configured) 1 EA $329.30 $329.30
1 LOT $3,000.00 $3,000.00
ESTIMATED THREE YEAR ADDITIONAL PARTS PRICE (B)
$59,960.96
Version 2 (1/2018) 34
To Include Mobilization, Air Travel, Rentals, Hotel, Per Diem, PPE, Insurance, Consumables
Does not Include replacing mouths of chambers
1 LOT $43,800.00 $43,800.00
Hardware, Nuts, Bolts, Hooks, etc.
. 1 LOT $1,150.00 $1,150.00
ESTIMATED ONE TIME T1/B1 PLATES REPLACEMENT PRICE (C)
$69,510.00
ESTIMATED THREE YEAR TOTAL CONTRACT BID PRICE (A + B + C)
$141,470.96
Version 2 (1/2018) 35
This STANDARD CONTRACT (“Contract”) is agreed to between the State of Michigan (the “State”) and Action Target Inc. (“Contractor”), a Utah Incorporated company. This Contract is effective on November 15, 2018 (“Effective Date”), and unless terminated, expires on November 14, 2021.
This Contract may be renewed for up to seven one-year period(s). Renewal is at the sole discretion of the State and will automatically extend the Term of this Contract. The State will document its exercise of renewal options via Contract Change Notice.
The parties agree as follows:
1. Duties of Contractor. Contractor must perform the services and provide the deliverables described in Schedule A – Statement of Work (the “Contract Activities”). An obligation to provide delivery of any commodity is considered a service and is a Contract Activity.
Contractor must furnish all labor, equipment, materials, and supplies necessary for the performance of the Contract Activities, and meet operational standards, unless otherwise specified in Schedule A.
Contractor must: (a) perform the Contract Activities in a timely, professional, safe, and workmanlike manner consistent with standards in the trade, profession, or industry; (b) meet or exceed the performance and operational standards, and specifications of the Contract; (c) provide all Contract Activities in good quality, with no material defects; (d) not interfere with the State’s operations; (e) obtain and maintain all necessary licenses, permits or other authorizations necessary for the performance of the Contract; (f) cooperate with the State, including the State’s quality assurance personnel, and any third party to achieve the objectives of the Contract; (g) return to the State any State-furnished equipment or other resources in the same condition as when provided when no longer required for the Contract; (h) not make any media releases without prior written authorization from the State; (i) assign to the State any claims resulting from state or federal antitrust violations to the extent that those violations concern materials or services supplied by third parties toward fulfillment of the Contract; (j) comply with all State physical and IT security policies and standards which will be made available upon request; and (k) provide the State priority in performance of the Contract except as mandated by federal disaster response requirements. Any breach under this paragraph is considered a material breach.
Contractor must also be clearly identifiable while on State property by wearing identification issued by the State, and clearly identify themselves whenever making contact with the State.
2. Notices. All notices and other communications required or permitted under this Contract must be in writing and will be considered given and received: (a) when verified by written receipt if sent by courier;
(b) when actually received if sent by mail without verification of receipt; or (c) when verified by automated receipt or electronic logs if sent by facsimile or email.
If to State: If to Contractor:
Paula Hurst Thomas, Buyer Michigan State Police, Purchasing 7150 Harris Drive Dimondale, MI 48821 Email: HurstP3@michigan.gov Phone: 517-284-3305
Jared Peay, Range Service Account Manager 3411 S. Mountain Vista Parkway Provo, UT 84606 Email: jpeay@actiontarget.com Email: jaredpe@hotmail.com Phone: 801-396-1221
STANDARD CONTRACT TERMS
Version 2 (1/2018) 36
3. Contract Administrator. The Contract Administrator for each party is the only person authorized to modify any terms of this Contract, and approve and execute any change under this Contract (each a “Contract Administrator”):
State: Contractor:
Paula Hurst Thomas, Buyer Michigan State Police, Purchasing 7150 Harris Drive Dimondale, MI 48821 Email: HurstP3@michigan.gov Phone: 517-284-3305
Jared Peay, Range Service Account Manager 3411 S. Mountain Vista Parkway Provo, UT 84606 Email: jpeay@actiontarget.com Email: jaredpe@hotmail.com Phone: 801-396-1221
4. Program Manager. The Program Manager for each party will monitor and coordinate the day-to-day activities of the Contract (each a “Program Manager”):
State: Contractor:
Sgt. Ted Therrien 7426 N. Canal Rd Lansing, MI 48913 Email: therrient@michigan.gov Phone: 517-331-6191
Jared Peay, Range Service Account Manager 3411 S. Mountain Vista Parkway Provo, UT 84606 Email: jpeay@actiontarget.com Email: jaredpe@hotmail.com Phone: 801-396-1221
5. Performance Guarantee. Contractor must at all times have financial resources sufficient, in the opinion of the State, to ensure performance of the Contract and must provide proof upon request. The State may require a performance bond (as specified in Schedule A) if, in the opinion of the State, it will ensure performance of the Contract.
6. Insurance Requirements. Contractor must maintain the insurances identified below and is responsible for all deductibles. All required insurance must: (a) protect the State from claims that may arise out of, are alleged to arise out of, or result from Contractor's or a subcontractor's performance; (b) be primary and non-contributing to any comparable liability insurance (including self-insurance) carried by the State; and (c) be provided by a company with an A.M. Best rating of "A" or better, and a financial size of VII or better.
Required Limits Additional Requirements Commercial General Liability Insurance
Minimal Limits:
$1,000,000 Each Occurrence Limit $1,000,000 Personal & Advertising Injury Limit $2,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations
Deductible Maximum:
$50,000 Each Occurrence
Contractor must have their policy endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds using endorsement CG 20 10 11 85, or both CG 2010 07 04 and CG 2037 07 0.
Automobile Liability Insurance
Minimal Limits:
$1,000,000 Per Occurrence
Contractor must have their policy: (1) endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds; and (2) include Hired and Non-Owned Automobile coverage.
Workers' Compensation Insurance
Version 2 Revised: 11-3-2017
Minimal Limits:
Coverage according to applicable laws governing work activities.
Waiver of subrogation, except where waiver is prohibited by law.
Employers Liability Insurance
Minimal Limits:
$500,000 Each Accident $500,000 Each Employee by Disease $500,000 Aggregate Disease.
If any of the required policies provide claims-made coverage, the Contractor must: (a) provide coverage with a retroactive date before the effective date of the contract or the beginning of Contract Activities; (b) maintain coverage and provide evidence of coverage for at least three (3) years after completion of the Contract Activities;
and (c) if coverage is canceled or not renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase extended reporting coverage for a minimum of three (3) years after completion of work.
Contractor must: (a) provide insurance certificates to the Contract Administrator, containing the agreement or purchase order number, at Contract formation and within 20 calendar days of the expiration date of the applicable policies; (b) require that subcontractors maintain the required insurances contained in this Section; (c) notify the Contract Administrator within 5 business days if any insurance is cancelled; and (d) waive all rights against the State for damages covered by insurance. Failure to maintain the required insurance does not limit this waiver.
This Section is not intended to and is not be construed in any manner as waiving, restricting or limiting the liability of either party for any obligations under this Contract (including any provisions hereof requiring Contractor to indemnify, defend and hold harmless the State).
7. Reserved.
8. Reserved.
9. Independent Contractor. Contractor is an independent contractor and assumes all rights, obligations and liabilities set forth in this Contract. Contractor, its employees, and agents will not be considered employees of the State. No partnership or joint venture relationship is created by virtue of this Contract. Contractor, and not the State, is responsible for the payment of wages, benefits and taxes of Contractor’s employees and any subcontractors. Prior performance does not modify Contractor’s status as an independent contractor.
10. Subcontracting. Contractor may not delegate any of its obligations under the Contract without the prior written approval of the State. Contractor must notify the State at least 90 calendar days before the proposed delegation, and provide the State any information it requests to determine whether the delegation is in its best interest. If approved, Contractor must: (a) be the sole point of contact regarding all contractual matters, including payment and charges for all Contract Activities; (b) make all payments to the subcontractor; and (c) incorporate the terms and conditions contained in this Contract in any subcontract with a subcontractor. Contractor remains responsible for the completion of the Contract Activities, compliance with the terms of this Contract, and the acts and omissions of the subcontractor. The State, in its sole discretion, may require the replacement of any subcontractor.
11. Staffing. The State’s Contract Administrator may require Contractor to remove or reassign personnel by providing a notice to Contractor.
12. Background Checks. Upon request, Contractor must perform background checks on all employees and subcontractors and its employees prior to their assignment. The scope is at the discretion of the State and documentation must be provided as requested. Contractor is responsible for all costs associated with the requested background checks. The State, in its sole discretion, may also perform background checks.
13. Assignment. Contractor may not assign this Contract to any other party without the prior approval of the State.
Upon notice to Contractor, the State, in its sole discretion, may assign in whole or in part, its rights or responsibilities under this Contract to any other party. If the State determines that a novation of the Contract to a third party is necessary, Contractor will agree to the novation and provide all necessary documentation and signatures.
14. Reserved.
15. Ordering. Contractor is not authorized to begin performance until receipt of authorization as identified in Schedule A.
16. Acceptance. Contract Activities are subject to inspection and testing by the State within 30 calendar days of the State’s receipt of them (“State Review Period”), unless otherwise provided in Schedule A. If the Contract Activities are not fully accepted by the State, the State will notify Contractor by the end of the State Review Period that either:
(a) the Contract Activities are accepted, but noted deficiencies must be corrected; or (b) the Contract Activities are rejected. If the State finds material deficiencies, it may: (i) reject the Contract Activities without performing any further inspections; (ii) demand performance at no additional cost; or (iii) terminate this Contract in accordance with Section 23, Termination for Cause.
Within 10 business days from the date of Contractor’s receipt of notification of acceptance with deficiencies or rejection of any Contract Activities, Contractor must cure, at no additional cost, the deficiency and deliver unequivocally acceptable Contract Activities to the State. If acceptance with deficiencies or rejection of the Contract Activities impacts the content or delivery of other non-completed Contract Activities, the parties’ respective Program Managers must determine an agreed to number of days for re-submission that minimizes the overall impact to the Contract. However, nothing herein affects, alters, or relieves Contractor of its obligations to correct deficiencies in accordance with the time response standards set forth in this Contract.
If Contractor is unable or refuses to correct the deficiency within the time response standards set forth in this Contract, the State may cancel the order in whole or in part. The State, or a third party identified by the State, may perform the Contract Activities and recover the difference between the cost to cure and the Contract price plus an additional 10% administrative fee.
17. Delivery. Contractor must deliver all Contract Activities F.O.B. destination, within the State premises with transportation and handling charges paid by Contractor, unless otherwise specified in Schedule A.
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