Michigan.gov/MiProcurement

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STANDARD CONTRACT TERMS

This STANDARD CONTRACT (“Contract”) is agreed to between the State of Michigan (the “State”) and Lifeloc Technologies Inc. (“Contractor”), a Colorado Corporation. This

February 1, 2026 (“ ”), and unless terminated, will expire on January 31, 2029 (the “Term”).

This Contract may be renewed for up to additional one-year period(s). Renewal is at the sole discretion of the State and will automatically extend the Term of this Contract. The

The parties agree as follows:

”) described in a Statement of Work, the initial Statement of Work is attached as Schedule A – Statement of Work. An obligation to

Contractor must furnish all labor, equipment, materials, and supplies necessary for the

Work.

workmanlike manner consistent with standards in the trade, profession, or industry; (b) f the 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 furnished equipment or other resources in the same condition as w no longer required for the Contract; (h) assign to the State any claims resulting from f the Contract; (i) comply with all mandated by federal disaster response requirements. Any breach under this paragraph is considered a material breach.

contact with the State.

All notices and other communications required or permitted under this

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12441 W. 49th

Wheat Ridge, CO 80033 Amy@lifeloc.com 303-431-

Contract for each party, is the only person authorized to modify any terms of this Contract, and

Contract

Nichole Harrell 320 S Walnut St Lansing, MI 48933

-449-

12441 W. 49th

Wheat Ridge, CO 80033 Amy@lifeloc.com 303-431-

The Program Manager for each party will monitor and coordinate the day-to- Program Manager”):

State (MSP) Scott Tuttle

Lansing, MI 48913 12441 W. 49th

Wheat Ridge, CO 80033 Amy@lifeloc.com 303-431-

Willis Chapman

Lansing, MI 48933

810- -

12441 W. 49th

Wheat Ridge, CO 80033 Amy@lifeloc.com 303-431-

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Kim Root

Lansing, MI 48933

-420-

12441 W. 49th

Wheat Ridge, CO 80033 Amy@lifeloc.com 303-431-

State Thomas Wanless

Lansing, MI 48933 12441 W. 49th

Wheat Ridge, CO 80033 Amy@lifeloc.com 303-431-

Jonathon Khon 420 W Allegan St Lansing, MI 48933

-241-3886

12441 W. 49th

Wheat Ridge, CO 80033 Amy@lifeloc.com 303-431-

Contractor must at all times

Statement of Work) if, in the opinion of the State, it will ensure performance of the Contract.

all payments made to Contractor under the Contract including transactions with the

MiDEAL members, and other states (includ credit card at: https://www.thepayplace.com/mi/dtmb/adminfee

Reports should be mailed to .

from the last day of each calendar quarter.

This contract is extended to MiDEAL members. MiDEAL

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Upon written agreement between the State and Contractor, this contract may also be entities) and (b) State of Michigan employees.

extensions.

program members on a direct and

The relationship between the parties is that of independent contractors. Contractor, its employees, and agents will not be considered employees of

Contract. Contractor, and not the State, is responsible for the payment of wages, performance does not modify Contractor’s status as an independent contractor. Neither party ha

If a Statement of Work requires Contractor to create any intellectual property, Contractor hereby acknowledges that the State is and will be the associated intell works made for hire under the Copyright Act, Contractor will, and hereby does, immediately on its creation, assign, intellectual property rights therein.

Contractor may not delegate any of its obligations under the Contract

Contractor must: (a) be the sole point of contact regarding all contractual matters, in subcontractor; and (c) incorporate the terms and conditions contained in this Contract in any subcontract with a subcontractor. Contractor remains responsible for the com the acts and omissions of the subcontractor. The State, in its sole discretion, may require the replacement of any subcontractor.

Version 2024-1 5 of 16 access to any database o prohibited fr 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 pr requested background checks. The State, in its sole discretion, may also perform background checks.

Contractor may not assign this Contract to any other party without the may assign in whole or in part, its rights or responsibilities under this Contract to any othe documentation and signatures.

Contractor will notify the State, within 30 days of any public announcement or otherwise once legally permitted to do so, of a change in Contractor’s organizational structure or ownership. For purposes of this Contract, a change in control means any of the board members; (d) consummation of a merger or consolidation of Contractor with any other entity; (e) a change in ownership through a transaction or series of transactions; (f) domicile of Contractor, or any transaction or series of transactions principally for bona this Contract and all of its obligations under this Contract.

Contractor is not authorized to begin performance until receipt of

30 calendar days of the State’s receipt of them (“ ”), unless

Version 2024-1 6 of 16 terial inspections; (ii) demand performance at no additional cost; or (iii) terminate this Contract in accordance with Section 24, Termination for Cause.

Contract -completed Contract number of days for re-

Contract.

standards set forth in this Contract, the State may cancel the order in whole or in part.

State premises with transportation and handling charges paid by Contractor, unless

State’s ex processing, and collecting all damage claims. The State will record and report to

-conforming Contract

Contractor within 10 calendar days will be deemed abandoned by Contractor, and the the State for cost such non-confor

Version 2024-1 7 of 16 from time-to-charges. The State is exempt from State sales tax for direct purchases and may be

State’s excl Contractor is responsible for all sales, use and excise taxes, and any other similar taxes, entity on any amounts payable by the State under this Contract.

The State has the right to withhold payment of any disputed amounts until the parties er of ayment under this disputed.

The State will only disburse payments under this Contract through Electronic Funds Transfer (EFT). Contractor must register with the State at nt then due and owing to it by Contractor against any amount payable by the State to Contractor under this Contract.

each of the fees, economic or product terms or warranties granted pursuant to this term o any public educational institution within the State of Michigan) of Contractor. If Contractor enters into any arrangements with another customer of Contractor to prices, as the prices may be indicated on Contractor’s current U.S. and International price list or comparable document, then this Contract will be deemed amended as of the date of such Contractor will immediately notify the State of such fee and formally memorialize the new pricing in a change notice.

Version 2024-1 8 of 16 suspension. Contractor must comply with the stop work order upon receipt. Within 90 calendar days, or any longer period agreed to by Contractor, the State will either: (a) issue a notice authorizing Contractor to resume work, or (b) terminate the Contract or any additional compensation during a stop work period.

(a) The State may terminate this Contract for cause, in whole or in against it by any creditor; (iii) engages in any conduct that may expose the State to fails to cure a breach within the time stated by the State in a notice of breach, if in its breaches being material breaches within this Contract will not be construed to mean that other breaches are not material.

(b) If the State terminates this Contract under this Section, the State will issue a termination notice specifying whether Contractor must: (i) cease performance

State form s will be limited amounts owed by the Contractor for the State’s reasonable costs in terminating this Contract. Contractor must promptly reimburse to the State any fees prepaid by the State prorated to the date of such termination, including any prepaid fees. The Contractor must pay all reasonable costs incurred by the State in terminating this Contract for

. The State may immediately terminate this Contract in whole or in part without penalty and for any reason or no reason, including but not limited to, appropriation or budget shortfalls. The termination notice will specify whether Contractor must: (a) ceas

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26, Transition Responsibilities. If the

Upon termination or expiration of this Contract for any calendar t include, but is not rates; (b) taking all reasonable and necessary measures to transition performance of the ing, equipment, software, leases, reports and other documentation, to the State or the State’s designee; (c) transferring s Contract as of the Contract termination date; and (d) preparing an accurate accounting from which the State and Contractor

This Contract will automatically be extended through the end of the transition period.

Upon termination or expiration of this Contract for any reason, Contractor must take all necessary and appropriate steps, or such other action materials, data, property, an

Contractor must defend, indemnify and hold the State, its harmless, without limitation, from and against any and all actions, claims, losses, liabilities, damages, costs, attorney fees, and expenses (including those required to

Contractor (or any of Contractor’s employees, agents, subcontractors, or by anyone else for whose acts any of them may be liable) of any of the promises, agreements, representations, warranties, or insurance requirements contained in this Contract; (b) other r personal property occurring wholly or in part due to action or inaction by Contractor (or any of Contractor’s employees, agents, subcontractors, or by anyone else for whose acts any of them may be liable); and (d) any acts or omissions of Contractor (or any of Contractor’s employees, agents, subcontractors, or by anyone else for whose acts any of them may be liable).

Version 2024-1 10 of 16 ability to carry out these obligations.

The State is entitled to: (i) regular updates on proceeding status; (ii) participate in the defense, at its own cost and expense, if the State deems necessary. Contractor will not, without the State’s prior written consent (not to be unreasonably withheld), settle, any claim, action, or proceeding.

The State is constitutionally prohibited from indemnifying Contractor or any third parties.

If, in either party’s opinion, any piece of equipment, software, trade secret infringement claim, Contractor must, at its expense: (a) procure for the ify the same so that it becomes non-infringing; or (c) accept its return by the State with appropriate credits to the State against Contractor’s charges and reimburse the State for any losses or costs incurred as a consequence of the State ceasing its use and returning it.

The State is not liable for consequential, incidental, indirect, or special damages, regardless of the nature of the action.

Contractor must notify the State within

Contract, including: (a) a criminal Proceeding; (b) a parole or probation Proceeding; (c) a Proceeding under the Sarbanes-roceeding alleging the Contractor or

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Contractor is required to possess in order to perform under this Contract.

(“State Data

Data within 10 calendar days of the request and in the format requested by the State.

Contractor will assume all costs incurred in compiling and supplying State Data. No State Data may be used for any marketing or commercial purposes.

Non- The parties acknowledge that each party may be exposed to or acquire communication or data of the other party that is

. For the purposes of this Contract, the term “ ” means all information and documentation of a party of disclosure by such party; (b) if disclosed orally words of similar meaning, was subsequently summarized in writing by the disclosing reasonably be recognize

Act (FOIA); (b) already in the proprietary rights; (d) obtained from a source other than the disclosing party without

For purposes of this Contract, in all employees, agents, or subcontracto Information for any subcontractor is permissible where: (a) use of a subcontractor is authorized under this Contract; (b) the disclosure is necessary or otherwise naturally occurs in

Version 2024-1 12 of 16 connection with work that is within the subcontractor's responsibilities; and (c) Contractor obligates the subcontractor in a written contract to maintain the State's

Contractor or any subcontractor may be required to execute a separate agreement to

. Each party must unauthorized use or disclosure of any Information. Without limiting the terms of this Contract and each party will co equitable relief against any such person.

. Each party acknowledges other party, which damage may be inadequately compensable in the form of against the breach or threatened breach of the foregoing undertakings, in addition to at the sole election of the State, the immediate termination, without liability to the State, of this Contract or any Statement of Work corresponding to the breach or threatened breach.

. Upon termination of this calendar days from the date of termination, return to the other party any and all party on behalf of the other party, which are in such party’s possession, custody, or following the timeframe and procedure described further in this Contract. Should the same in writing withi

Information will be destroyed after the retention period expires.

Pursuant to MCL

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Contract.

general upon request, all records related to the Contract through the term of the this Contract or any extension (“ ”). If an audit, litigation, or other action records related to this Contract. Contra y calendar days.

this Contract.

Contractor represents and warrants: (a) Contractor trademark, copyright, trade secret, or other proprietary rights of any third party; (d) Contractor must assign or otherwise transfer to the State or its designee any

Contract; (f) the Contract signatory has the authority to enter into this Contract; (g) all information furnished by Contractor in connection with the Contract fairly and accurately represents Contractor's information furnished and representations made in connection with the award of this Contract is true, accurate, and complete, and contains no false statements or omits any fact that would make the information misleading; and that (i) Contractor is neither currently engaged in nor will engage in the boycott of a person based in or doing business with a strategic partner as described in 22 USC 8601 to 8606. A breach of this Section is considered a material breach of this Contract, which entitles the State to terminate this Contract under Section 24, Termination for Cause.

Contractor will uphold high ethical standards and is prohibited anything that creates an appearance of impropriety with respect to the award or performance of the

Version 2024-1 14 of 16 agreeing to pay any person, other than employees and consultants working for Contractor, any consideration contingent upon the award of the Contract. Contractor must imme connection with this Contract.

Contractor must comply with all federal, state and local laws, rules and regulations.

extent applicable to this Contract. As required by MCL 408.1112, if the Michigan

Contractor or subcontr in Public Act 10 of 2023 or by law, may bring an action in a court of competent may be awarded reinstatement or other appropriate relief, and all damages sustained, together with actual costs and attorney fees at trial and on appeal. If the Michigan

MCL 408.1101 et seq. applies to this Contract, the rates of wages

408.1101 (b)) by Contractor and subcontractors must not be less than the wage and

Under the Elliott-et seq et seq. Contractor and its subcontractors agree not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or because of race, color, religion, national origin, age, sex, height, weight, marital status, partisan considerations, any mental or physical disability, or genetic information that is of the Contractor, or the name of a subcontractor, manufacturer, or supplier of the Contractor, subsequently appears on the Unfair Labor Practice register compiled under

MCL 423.322.

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Michigan law, excluding choice-of-law principles, and all claims relating to or arising out -of-law principles. Any dispute forum non conveniens process.

Non- Nothing contained in this Contract is intended nor is to be construed its agencies from acquiring si

Neither party will be in breach of this Contract because of any failure arising from any disaster or acts of god that are beyond their control and without their performance.

subcontractors. If immediate performance is necessary to ensure public health and safety, the State may immediately contract with a third party.

Contract Administrators or Program Managers. Such referral must include a description of the issues and all supporting documentation. The parties must submit the dispute to

The parties ecludes

The parties are not prohibited from determination that a temporary res adequate remedy. This Section does not limit the State’s right to terminate the Contract.

News releases (including promotional literature and commercial the explicit written instructions of the State.

. All Schedules and Exhibits that are referenced herein and attached hereto are hereby incorporated by reference. The following Schedules are attached hereto and incorporated herein:

Statement of Work

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Testers Pricing Insurance Requirements

This Contract, which includes Statement of Work, and schedules and exhibits, is the entire agreement of the parties related to the his Contract, excluding its schedules, exhibits, and Statement of Work; (b) second, Statement of Work as of the

-WRAP, SHRINK-WRAP, CLICK-WRAP, CLICK-

ER, WILL CONSTITUTE A PART

AUTHORIZED USER FOR ANY PURPOSE. ALL SUCH OTHER TERMS AND CONDITIONS

Any right, obligation or condition that, by its express terms or nature and such rights, obligations, or conditions include, but are not limited to, those related to liability; State Data; non-warranties; insurance and bankruptcy.

This Contract may not be amended except by signed agreement between the parties (a “ ”). Notwithstanding the foregoing, no do so and cites the section or sections amended.

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SCHEDULE A – STATEMENT OF WORK

Contract No. 250000001219

Preliminary Breath Test (PBT) Device and Related Accessories

BACKGROUND

The Preliminary Breath Tester (PBT) has been used in Michigan since 1982. The PBT is an extremely important tool for the State of Michigan’s law enforcement personnel, providing a preliminary blood alcohol level for a suspected drunk individual. An individual showing signs of impairment may have a low blood alcohol level based on the PBT reading and will prompt the officer to look to drugs as the cause of impairment.

The State reserves the right to modify Contract items to meet the State of Michigan’s needs.

SCOPE

The purpose of this Contract is to provide Preliminary Breath Testing (PBT) devices, mouthpieces, calibration equipment, and other related accessories, for use by State of Michigan Law Enforcement personnel.

REQUIREMENTS

1. General Requirements

1.1. Product Specifications

The Contractor must provide the following:

Contractor must provide PBTs, PBT mouthpieces, magnetic & non-magnetic rubber grips for PBTs, PBT calibration machines/docking stations, dry gas regulators, regulator o-rings and nipples, and Re-Certification and Repair services as specified in Schedule A – Attachment 1 - Specifications;

delivery in the time frames specified in Section 2.1; and otherwise do all things necessary for or incident to the performance of work as set forth in this Contract.

The Preliminary Breath Testers must appear on the "Conforming Products List of Evidential Breath Measurement Devices" published in the Federal Register by the USDOT or a letter from the USDOT confirming acceptability of the instrument are both considered as acceptable documentation of approval by USDOT.

The State reserves the right to independently verify acceptance of the instrument with the U.S.

Department of Transportation, National Highway Traffic Safety Administration.

As outlined in Specifications, Attachment A, paragraph V., the PBTs must come with a lifetime warranty on the fuel cell.

Brands or trade names are for identification purposes only and do not limit the Contractor to such brands or trade names.

The State reserves the right to adjust products to fit their needs.

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1.2 Warranties

1. Lifeloc Factory Warranty

The FC10 PBT, LT7 PBT, and EasyCalG2 Calibration Station come with a two-year limited parts and labor warranty (“Lifeloc Factory Warranty”), effective on the date of purchase by the customer.

The warranty covers:

Parts and labor on covered repairs

Software updates, as applicable

Air freight back to the customer after the unit is repaired (U.S. only)

The warranty does not cover:

Freight to the Lifeloc factory

Misuse, abuse, negligence or accidents

Lifeloc Factory Warranty Statement:

Lifeloc Technologies, Inc. (“Lifeloc”) warrants to the buyer that at the time of shipment from Lifeloc’s facilities, all new Lifeloc Equipment purchased through Lifeloc or one of our authorized distributors will be free from defects in material and workmanship, under normal use and service, provided that the buyer gives Lifeloc written notice of any defect.

“Equipment” includes all [portable hand-held and fixed station breathalyzers manufactured by Lifeloc], as well as all printers, keyboards, cables, cases, and power supplies purchased as part of a new Lifeloc kit configuration. Software is warranted to perform substantially in accordance with Lifeloc user manuals and to be free from defects in materials and workmanship under normal use and service for a period of twenty four months from original invoice date.

The Warranty does not apply if the product has been altered, customized, repaired, reported stolen or modified by someone other than a Lifeloc factory authorized technician, or if parts other than Lifeloc approved parts are used in replacement or repair.

2. Lifeloc Limited Lifetime Fuel Cell Warranty

Warranty Statement:

Unless otherwise set forth in the applicable purchase agreement, Lifeloc warrants to the original purchaser of Lifeloc breath alcohol testers purchased under this agreement that the fuel cell purchased with the instrument shall operate without defect for the life of the instrument subject to the following conditions:

1. Lifeloc shall, at its option, elect to repair or replace any fuel cell determined by Lifeloc as defective. All fuel cells confirmed by Lifeloc as defective become the property of Lifeloc.

2. Warranty is valid only to the original purchaser of the instrument. Warranty does not pass to subsequent owners if the instrument is resold, stolen, donated or given to anyone other than the original purchaser.

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3. Warranty is invalidated if, in the opinion of Lifeloc, the instrument has been misused, abused, modified or improperly maintained

4. The Lifeloc Limited Fuel Cell Warranty does not apply if the product has been repaired or modified by someone other than a Lifeloc factory authorized technician and/or if parts other than Lifeloc approved parts are used in replacement or repair; or if any Lifeloc serial number has been removed or defaced.

5. The Lifeloc Limited Fuel Cell Warranty does not survive past the end-of instrument service and support life as determined by Lifeloc Technologies at its sole discretion.

When requesting warranty service, the agency shall email Lifeloc Technical Support at technicalsupport@lifeloc.com or call 303-431-9500 with the device serial number and description of the issue. Technical Support will provide the customer with a Return Authorization and further instructions.

Repairs or replacements are based on a no cost evaluation of devices on a case-by-case basis with out-of-box warranties replaced. Contractor guarantees a 5-business day turnaround for repairs once approved (if needed).

1.3 Recall Requirements and Procedures

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1.4 Quality Assurance Program

Lifeloc Quality Assurance Plan:

Lifeloc Technologies, Inc.’s Quality Management System (QMS) applies to the design, manufacturing, and technical services conducted at 12441 West 49th Avenue, Suite 4, Wheat Ridge, CO 80033 USA. The QMS has been designed to comply with the requirements of ISO 9001:2015, ISO 17034 and ISO 17025 to ensure consistent quality of Lifeloc’s products and services.

Lifeloc’s QMS, like the documentation describing it, is structured around the processes affecting the quality of products offered by Lifeloc. The QMS has been developed and implemented to promote quality and improvement and is managed to meet the requirements of ISO 9001 as well as ISO 17034 and ISO 17025.

Management’s commitment to meeting requirements, satisfying customers, and improving the QMS, its processes and resulting products is reflected in the following quality policy:

Lifeloc is committed to providing products that exceed consumer expectations and industry standards.

We accomplish this by faithfully listening to our customers, improving our processes, and providing great service.

1.5 A documented procedure has been established, implemented, and maintained for each QMS process, regardless of whether it is a primary or a support process. Each procedure identifies the inputs to and outputs of the process and describes how those inputs are transformed into their respective outputs under controlled conditions. Each procedure also identifies responsibilities and authorities of personnel performing the process, as well as those responsible for measuring or monitoring process performance against established objectives, and for reacting appropriately to ensure the quality of the product and to promote Incentives

The Contractor offers customers the following incentives:

$25.00 trade-in value for Lifeloc PBTs

$60.00 trade-in value for competitor PBTs

$300.00 trade-in value for a Lifeloc Calibration Station to be applied toward a new station

Trade-in is on a one for one basis and issued upon contractor’s receipt of the devices.

2. Service Requirements

2.1. Delivery

Delivery will be expected within 15 calendar days upon date of order. Delivery location may be requested to any State-owned facility within Michigan. Delivery location will be specified on the delivery order release.

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2.2. Technical Support and Repairs

When providing technical support, the Call Center must resolve the caller’s issue within 60 minutes. If the caller’s issue cannot be resolved within 24 hours, Contractor and State will arrange for the PBT to be sent in for service.

The Contractor will be required to perform any service work on the instruments that may be necessary throughout the contract period. The Contractor must provide any necessary repairs that the instruments may require within five (5) business days.

When requesting warranty service, the agency shall email Lifeloc Technical Support at technicalsupport@lifeloc.com or call 303-431-9500 with the device serial number and description of the issue. Technical Support will provide the customer with a Return Authorization and further instructions.

Repairs or replacements are based on a no cost evaluation of devices on a case-by-case basis with out-of-box warranties replaced. Contractor guarantees a 5-business day turnaround for repairs once approved (if needed).

2.3. Training

The Contractor will provide a self-guided training module and final exam that can be used to obtain a certificate stating that an individual has completed a course in the operation of the FC10 and/or LT7 PBT. The contractor can also train Trainers via webcam for the State of Michigan as needed.

2.4. Reporting

The Contractor must provide reports, when requested by the agency Program Manager.

Contractor’s reporting capabilities include status of delivery, production, material test data, performance investigations and remedial actions, and any and all developments that may be vital to appropriate execution and application of all contract terms. In addition, Contractor is able to submit reports of any purchasing activities as needed.

Reports should be submitted electronically to the Agencies at the email addresses below:

Michigan State Police:

Sgt. Scott Tuttle TuttleS@michigan.gov

Department of Corrections:

Willis Chapman ChapmanW@michigan.gov

Kim Root RootK@michigan.gov

Department of Natural Resources:

Lt. Thomas Wanless Wanlesst@michigan.gov

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Department of State:

Jonathon Khon khonj@michigan.gov

The State reserves the right to request additional reports.

2.5. Meetings

The State may request meetings as it deems appropriate.

3. Staffing

3.1. Contractor Program Manager

The Contractor must appoint a Sales Representative specifically assigned to State of Michigan accounts who will respond to State inquiries regarding the Contract Activities, answer questions related to ordering and delivery, etc. (the “Contractor Representative”).

The Contractor must notify the Contract Administrator at least 10 calendar days before removing or assigning a new Contractor Representative.

Contractor Sales Representative:

Amy Evans, Director of Sales, Lifeloc Technologies Inc.

303-431-9500 amy@lifeloc.com

3.2. Customer Service Toll-Free Number

The Contractor must specify its telephone number for the State to contact the Contractor Representative who must be available for calls during the hours of 8 am to 5 pm EST Monday through Friday at a minimum.

Customer Service Telephone Number:

800-722-4872 or 303-431-9500

3.3. Technical Support, Repairs and Maintenance

The Contractor must specify its telephone number for the State to contact 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 Monday through Friday at a minimum.

Telephone Number(s) for Technical Support, Repairs and Maintenance:

800-722-4872 or 303-431-9500

3.4. Disclosure of Subcontractors

The Contractor will not be utilizing subcontractors under this Contract.

3.5. Security

The Contractor will be subject the following security procedures:

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All personnel accessing facilities are required to pass a fingerprint-based background check. Any criminal convictions may result in the Contractor’s staff person 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 initial three-year contract period (“Pricing Period”). The first pricing period begins on the Effective Date. Adjustments may be requested in writing by either party and will take effect no earlier than the next Pricing Period.

4.2. Price Changes

Adjustments will be based on changes in actual Contractor costs. Any request must be supported by written evidence documenting the change in costs. The State may consider sources, such as the Consumer Price Index; Producer Price Index; other pricing indices as needed; economic and industry data; manufacturer or supplier letters noting the increase in pricing; and any other data the State deems relevant.

Following the presentation of supporting documentation, both parties will have 30 days to review the information and prepare a written response. If the review reveals no need for modifications, pricing will remain unchanged unless mutually agreed to by the parties. If the review reveals that changes are needed, both parties will negotiate such changes, 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 mutual execution of a Change Notice indicating the start date of the new Pricing Period.

5. Ordering

5.1. Authorizing Document

The appropriate authorizing document for the Contract will be delivery order (DO). The hours for delivery shall be stated on the applicable delivery order. All orders are subject to the terms and conditions of this Contract. No additional terms and conditions contained on a delivery order are allowed.

5.2. Order Verification

The Contractor must have internal controls approved by Central Procurement Services, to verify abnormal orders and to ensure that only authorized individuals place orders.

6. Delivery

6.1. Shipping Charges

The Contractor intends on utilizing a common carrier for standard delivery of the deliverables.

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Orders with a total product value of $100.00 or less shall incur a flat ground shipping fee of $18.95 per order. Orders with a total product value of $100.01 or greater shall incur a flat ground shipping fee of $23.95 per order.

If expedited delivery is required, the agency should contact the Contractor’s Customer Service Telephone Number to request expedited delivery. Contractor will make every effort to ensure that the agency’s expedited delivery timeframe is met and that additional charges to the agency for the expedited delivery, if any, will be minimized.

6.2. Packaging and Palletizing

Packaging must be optimized to permit the lowest freight rate. Shipments must be palletized whenever possible using manufacturers’ standard 4-way shipping pallets.

7. Acceptance

7.1. Acceptance, Inspection and Testing

The State will use the following criteria to determine acceptance of the Contract Activities:

The Agency representative, or their designee, will inspect all deliveries and approve acceptance of goods upon delivery within 14 business days of delivery.

Each shipment must be accompanied by a bill of lading/packing slip stating item number(s) and quantity shipped. The Delivery Order number must be referenced on all shipping documentation.

The Program Manager, or their designee will inspect shipment for damage and compare goods received against bill of lading/packing slip. Contractor will be responsible for replacing, at no additional charge to the State, incorrect or damaged items or items not meeting the agency Program Manager or their designee’s approval.

8. Invoice and Payment

8.1. Invoice Requirements

All invoices submitted to the State must include: (a) date; (b) delivery order; (c) quantity; (d) serial number of each device; (e) location each device was shipped to; (f) description of Contract Activities; (g) unit price; (h) shipping cost (if any); (i) vendor-generated invoice number; and (j) total price.

Only properly submitted invoices will be processed for payment.

8.2. Payment Methods

The State will make payment for Contract Activities via Electronic Funds Transfer (EFT) as described in the Standard Contract Terms, Section 20.

9. Additional Requirements

9.1. Environmental and Energy Efficiency Product Standards

The Contractor must identify any energy efficient, bio-based, or otherwise environmentally 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

Version 2025-1 9 of 13 label. Contractor must describe how products that meet these requirements are identified or otherwise labelled and list any exceptions to this requirement.

9.2. 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.

The Contractor must identify any hazardous chemicals that will be provided under any resulting contract.

9.3. 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.

9.4. 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 and describe how the products are identified or otherwise labelled.

9.5. Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)

The Contractor must confirm that the provided products do not intentionally contain PFAS. This consists of all components of the provided products, including product packaging.

10. Service-Level Agreements (SLAs)

a. The Contractor will be held accountable to meet the requirements and the service level requirements established in this Contract.

b. The State reserves the right to reconsider or amend SLA amounts for split awards should they occur.

c. Please Note: Should Contractors require clarification or have any questions with regard to the SLAs, they should submit them during the Question and Answer Period of this solicitation;

please see the Proposal Instructions for the timeline.

Service Level Agreements for this Contract will be as follows:

SLA Metric 1. Timely Deliveries

Definition and Purpose

All orders must be delivered within 15 calendar days of receipt of order

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SLA Metric 1. Timely Deliveries

AND

The Contractor must ensure that items and quantities delivered are

No substitutions will be allowed without prior written permission by Program Manager and a Change Notice executed by the Contract Administrator.

The entire order will be received on the same day unless a partial delivery has been approved in advance by the Program Manager.

Acceptable Standard 1) Extenuating circumstances must be communicated by the Contractor to the Program Manager prior to the scheduled delivery date and time.

2) Items, brands, and quantities delivered will match the Order

3) Signed and dated packing slips will be provided to the ordering agency at the time of delivery.

The acceptable standard is 100% compliance.

Credit Due for Failing to Meet the Service Level Agreements

1.

occurrences of non-compliance in a given calendar year.

2. 10% of the invoice total may be assessed beginning with the sixth occurrence of non-compliance and on each occurrence thereafter in a given calendar year.

Extenuating circumstances will be reviewed by the Program Manager before any Service Credits are assessed.

At the discretion of the State, these credits may be applied toward any payable due to the Contractor or be payable directly to the State.

Payments made directly to the state will be completed within 10 days of notice of assessment.

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SCHEDULE A – ATTACHMENT 1 – SPECIFICATIONS

Preliminary Breath Test (PBT) Devices

The Preliminary Breath Tester (instrument) proposed to the State of Michigan must conform to the following:

A. The instrument must conform to the USDOT "Model Specifications for Evidential Breath Testing Devices," 49 F.R. p. 48855 et seq (December 14, 1984), as amended by 65 F.R. p. 45419 et seq (July 21, 2000). A letter from USDOT confirming acceptability of the instrument or appearance of the instrument on the "Conforming Products List of Evidential Breath Measurement Devices" published in the Federal Register by the USDOT are both considered as acceptable documentation of approval by USDOT.

B. The instrument must pass accuracy, precision, and reliability testing as performed by State Police. Ten tests each at 0.020, 0.040, 0.080, 0.200, and 0.300 alcohol concentrations must conform to the federal testing guidelines indicated above. The instrument must measure the alcohol content of a vapor mixture with an average systematic variation of no more than +/- 5% or 0.005%, whichever is greater. The instrument must also conform to any other tests as performed by the State Police in accordance with the federal testing guidelines indicated above.

C. The contractor must guarantee that the instrument will adhere to all Daubert requirements and criteria, proving the reliability and accuracy of the instrument's technology in order to be scientifically acceptable within the State of Michigan.

D. The instrument must be specific for alcohols and inactive to acetone.

E. The instrument must be a hand held, lightweight, portable, standalone instrument.

F. The instrument must be battery operated with a battery life for at least 1000 tests. The instrument must have a battery status icon, and have a warning capability for low battery strength, indicating battery replacement.

G. The instrument must have platinum fuel cell sensor, which is capable of detecting breath alcohol levels between 0.000 and 0.600 grams per 210 liters of breath.

H. The instrument must conduct a blank reading or check before allowing a test.

I. The instrument must be capable of being calibrated in the field by certified operators, and/or a calibration station and must accept either dry gas canister with a 1.5 to 2 liter regulator, or a wet bath simulator for performing calibration and calibration checks against a standard alcohol solution. Calibration procedures must be password protected.

J. The instrument must express the subject test results as BrAC, and the results must be displayed on the instrument in three (3) digits.

K. Each instrument must be supplied with an operator's training manual. The training manual must indicate all displays that may appear on the panel along with an explanation as to what

Version 2025-1 12 of 13 each means. The manual must also show a step-by-step procedure on how the instrument is programmed to perform.

L. Each instrument must be supplied with a protective carrying case, bright colored grip w/magnet and twenty-five (25) individually wrapped mouthpieces.

M. The instrument must conform to all State Police operating protocol, policies and administrative rules.

N. The contractor will be required to perform any service work on the instruments that may be necessary throughout the contract period. The contractor must provide any necessary repairs that the instruments may require within five (5) business days.

O. The contractor must include in the bid the cost of fuel cell replacement, software upgrades not able to be completed in the field by the purchaser, pump replacement, plastic case replacement, grip replacement, mouthpieces, and must continue to provide repair cost estimates for the instruments at no cost after the contract expires. This only applies to instruments purchased through the contract.

P. The instrument must be able to perform automatic subject breath sampling, manual breath sampling and passive subject breath sampling. If any additional equipment is required for Passive Breath Sampling please include the cost of that equipment in the bid.

Q. The instrument must automatically check the instrument temperature and not allow the instrument to take a test (and display an error message in plain English) until the proper temperature is reached.

R. The instrument must display an error message in plain English if external interference is detected and not allow a test.

S. The instrument must have a graphic LCD display capable of numbers, letters, and text messages. It must provide plain English prompts for all operations, and have an automatic sensing backlight for nighttime use.

T. The instrument shall register positive results within 10 seconds, and be capable of recovering to run another subject test within 30 seconds after a prior subject test.

U. The instrument must be able to be upgraded to the latest software or model in the field at low cost.

V. The instrument must come with a Lifetime Warranty on the fuel cell.

W. Please note that the State of Michigan reserves the right to modify these specifications based on information received throughout the Approved Brands List process. Additional features, etc., may be added to the specifications, if it is determined that the changes are desired by the State.

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PBT Re-Certification Requirements:

The following must be included in the PBT re-certification cost:

Comprehensive fuel cell evaluation

Upgrade older grey case unit with a new pewter and black case including new updated buttons, lens and wrist strap

Upgrade software incorporating new features and functionality including:

o Improved pump control o Improved RF protection

Perform a complete Factory Diagnostic Check ensuring the unit meets stringent factory requirements

Perform any other needed repairs at no additional cost

Include a recertification certificate for your records

Provide a one-year factory warranty from date of recertification and continued lifetime warranty on fuel cell

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SCHEDULE B - PRICING

Contract No. 250000001219

Preliminary Breath Test (PBT) Devices and Related Accessories

1. Price includes any one-time or set-up charges, fees, and potential costs that Contractor may charge the State (e.g., handling, per piece pricing, and palletizing).

2. Contractor will apply a flat rate delivery fee to each order as follows:

a. Orders $100.00 or less - $18.95 per order

b. Orders $100.01 or greater - $23.95 per order

3. The State reserves the right to modify Contract items to meet the State of Michigan’s future needs as well as the need of MiDeal members, other states or their political subdivisions.

Item No.

Description Unit of Measure Unit Price

Preliminary Breath Testers (PBT)

Each PBT shal include an initial quantity of 25 mouthpieces. Each PBT must also include a hard plastic carrying case and a lifetime warranty on fuel cell.

BRAND: Lifeloc

MODEL #: FC10

EA $327.00

Preliminary Breath Testers (PBT)

Each PBT shal include an initial quantity of 25 mouthpieces. Each PBT must also include a hard plastic carrying case and a lifetime warranty on fuel cell.

BRAND: Lifeloc

MODEL #: LT7

EA $327.00

FC10 MOUTHPIECES, Individually wrapped

100 pieces per bag

250 pieces per bag

EA

EA

$16.00

$37.00

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LT7 MOUTHPIECES, Individually wrapped

150 pieces per bag

EA $23.95

CALIBRATION STATION

BRAND: Lifeloc

MODEL #: EasyCalG2

EA $1,480.00

4 Dry Gas Regulator EA $124.90

5 Rubber Grip w/Magnet EA $7.60

6 Rubber Grip w/o Magnet EA $4.95

ADDITIONAL ITEMS

Item No.

Description Unit of Measure Price

Equipment Repair Costs

Technician Time

Parts

(Percentage Over Manaufacturer’s Cost)

HOUR

$72.00

25%

2 Cost to Re-Certify Unit to Industry Standards EA $135.00

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SCHEDULE B – ATTACHMENT 1 – OPTIONAL

RELATED ACCESSORIES

Contract No. 250000001219

Preliminary Breath Test (PBT) Devices and Related Accessories

1. Price includes any one-time or set-up charges, fees, and potential costs that Contractor may charge the State (e.g., handling, per piece pricing, and palletizing).

Price does not include the cost of shipping, which will be assessed and provided at the time of order.

2. The State reserves the right to modify Contract items to meet the State of Michigan’s future needs as well as the need of MiDeal members, other states or their political subdivisions.

3. The State reserves the right to add, omit, or modify these items at its sole discretion.

The State is not obligated to purchase the items listed below and makes no guarantee of purchase.

Item No.

Description Unit of

Measure Available

Concentrations Unit Price

LAB CERTIFIED SOLUTIONS

ready for immediate use with wet bath simulators. Plus 4

Solution is manufactured in our

ISO 17034 accredited laboratory, NIST traceable and comes with a the USA.

Pack of Four (4), 500 ml Bottles

0.050

0.100

0.080

0.200

0.020

0.040

0.300

0.008

0.400

0.150

$25.98/pack

Version 2024-1 1 of 3

SCHEDULE C – INSURANCE REQUIREMENTS

Contract No. 250000002163

Preliminary Breath Test (PBT) Devices and Related Accessories

1. General Requirements. Contractor, at its sole expense, must maintain the insurance by any combination of primary liability, umbrella or excess liability, and self-insurance coverage. To the extent damages are covered by any required insurance, Contractor waives all rights against the State for such damages. Failure to maintain required insurance does not limit this waiver.

2. Except for self-insured coverage, all policies must be written by an insurer with an A.M. Best rating of A- VII or higher unless otherwise approved by DTMB Enterprise Risk Management.

3. Primary and Non-Contributory Coverage. All policies for which the State of Michigan is required to be named as an additional insured must be on a primary and non-contributory basis.

4. Claims-Made Coverage. If any required policies provide claims-made coverage, Contractor must:

a. Maintain coverage and provide evidence of coverage for at least 3 years after the later of the expiration or termination of the Contract or the completion of all its duties under the Contract;

b. Purchase extended reporting coverage for a minimum of 3 years after completion of work if coverage is cancelled or not renewed, and not replaced with another claims-

5.

a.

submitted to DTMB-RiskManagement@michigan.gov within 10 days of the contract execution date.

b.

herein.

c.

d.

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e. The State may require additional proofs of insurance or solvency, including but not limited to policy declarations, policy endorsements, policy schedules, self-insured

In the event any required coverage is cancelled or not renewed, Contractor must provide written notice to DTMB Enterprise Risk Management no later than 5 business days following such cancellation or nonrenewal.

6.…