B-46421-Ultra low visibility shirts and carrier systems-CONTRACT WITH THE STATE OF ILLINOIS~1.docx
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- Solicitation number
- 25-493ISP-OPERA-B-46421
- Issued by
- Illinois
About this file
This is a contract between the Illinois State Police and a vendor for ultra-low visibility carriers/armor and shirts. The contract covers the procurement of Velocity Systems ultra-low visibility chameleon shirts, carriers with soft armor, and carriers (or equivalent products), including both male and female versions with specific requirements for materials, construction, and sizing. The contract term is five years with prices held firm for the initial two years, and deliveries must be made within 60 days of order receipt. The vendor must provide personnel for fittings at ISP locations, perform alterations within 60 days at no charge, and offer a five-year warranty on ballistic panels and twelve months on removable covers.
The contract is estimated in value (specific amount TBD) and includes all shipping charges in the per-unit cost with no minimum order requirements. Deliveries must be made to the IL State Police Quarter Master in Springfield. The manufacturer must maintain ISO 9001 or 9002 certification, provide quality control documentation, and ensure all armor has traceable serial numbers. Subcontractors are allowed for contracts valued at $100,000 or more, subject to state approval and certification requirements.
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The following information will become the contract between the awarded vendor and the Illinois State Police. Instructions and requirements to submit a bid response are found in the attachment titled “Invitation for Bid Vendor Instructions and Requirements”.
Illinois State Police Contract Ultra-low visibility carriers/armor and shirts
25-493ISP-OPERA-R-238080/B-46421
The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.
1. SCOPE OF WORK
1.1. OVERVIEW AND PURPOSE: The Illinois State Police is securing a contract with this vendor who will provide the agency with Velocity system ultra-low visibility chameleon shirts, carriers with soft armor and carriers OR – equivalent products. This is a five (5) year contract. The vendor would hold firm prices for the initial two (2) years of the contract.
1.2. SUPPLIES AND/OR SERVICES REQUIRED: ISP will be placing orders on an as needed basis of the below apparel requested. The use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. "Or equal" submissions will not be rejected because of minor differences in design, construction or features that do not affect the suitability of the product for its intended use. The contracted vendor must provide the following products.
1.2.1. Velocity Systems Ultra Low-Visibility Male Chameleon Shirt Model VS- CHAM2 - OR equivalent products
Required Specifications: Shirt – Male
| -Short-sleeved (no long sleeve or sleeveless) | ||
| -Able to be worn with interchangeable Certified Level III-A ballistic | soft plates or ULV plates. | |
| -Both sides on the front have vertical zippers to aid with don/doff. | ||
| -Underarms and sides made of breathable compression mesh. | ||
| -Compression pockets under arms to fit magazines or radios. | ||
| -Heavy stitched seams on the shoulders specifically reinforced to | adequately hold ULV plates. | |
| -83% nylon and 17% spandex. | ||
| -Color white and wolf grey. | ||
| -Sizes S, M, L, XL, XXL. |
1.2.2. Velocity Systems Ultra Low-Visibility Female Chameleon Shirt Model VS- CHAM2F – OR equivalent products
Required Specifications: Shirt – Female
| -Short-sleeved (no long sleeve or sleeveless) | ||
| -Able to be worn with interchangeable Certified Level III-A ballistic | soft plates or ULV plates. | |
| -Both sides on the front have vertical zippers to aid with don/doff. | ||
| -Underarms and sides made of breathable compression mesh. | ||
| -Compression pockets under arms to fit magazines or radios. | ||
| -Heavy stitched seams on the shoulders specifically reinforced to | adequately hold ULV plates. | |
| -83% nylon and 17% spandex. | ||
| -Color white. | ||
| -Sizes XS, S, M, L. |
1.2.3. Velocity Systems Ultra Low-Visibility (ULV) Armor Carrier Model VS-ULV2 With Soft Armor VS-33A NIJ.06/2008 Certified Level IIIA – OR equivalent products- with front, back, and side soft armor (armor to be interchangeable with a compression shirt as well) Contracted vendor to supply product with the most current certification level throughout the contract term.
Required Specifications: Carrier with Soft Armor Certified Level IIIA Soft Armor
| -Includes new, unused and without flaws, soft armor that meets the | most current NIJ certified level III-A standard | ||||
| -Soft Armor shall contain a layer count that is uniform throughout the | ballistic panel. | ||||
| -Ballistic panel shall have label material shall withstand normal wear and | cleaning and remain readable during the life of the armor. All soft | armor shall be labeled in strict adherence to the labeling requirements | set forth in the most current NIJ standard. | ||
| -Air mesh interior. | |||||
| -Compression outer carrier. | |||||
| -Entire outside of the front panel shall be hook and loop Velcro. | |||||
| -Shoulders and cummerbunds made with compression fabric for snug | fit. | ||||
| -Able to be worn with interchangeable level IIIa ballistic soft armor | inserts or ULV plates. | ||||
| -Cummerbunds must be removable with the ability to hold soft armor | or hard. | ||||
| -Designed to protect vital body zones during low-visibility missions. | |||||
| -Carrier color white. | |||||
| -Sizes S, M, L. |
1.2.4. Velocity Systems Ultra Low-Visibility (ULV) Armor Carrier Model VS-ULV2 – OR equivalent product – carrier only
Required Specifications: Carrier Only
| -Air mesh interior. | ||
| -Compression outer carrier. | ||
| -Entire outside of the front panel shall be hook and loop Velcro. | ||
| -Shoulders and cummerbunds made with compression fabric for | snug fit. | |
| -Able to be worn with interchangeable level IIIa ballistic soft | armor inserts or ULV plates. | |
| -Cummerbunds must be removable with the ability to hold soft | armor or hard. | |
| -Carrier color white. | ||
| -Sizes S, M, L. |
1.2.5. The manufacturer must maintain a quality program certified under the ISO 9001 or ISO 9002 certification program. The scope of the certification must include manufacturing bullet resistant body armor. The quality control program includes:
| • | The documented quality control system must be designed to | ensure the integrity and quality of the manufactured products. | |||||||
| • | The quality control system shall control all manufacturing | processes and incoming raw materials. | |||||||
| • | The manufacturer must have an in-house ballistic laboratory | capable of performing ballistic testing of incoming raw materials | and in-process samples. | ||||||
| • | The manufacturer must have the capability of performing testing | in accordance with NIJ Standard 0101.06 or the most current | standard procedures for lot testing of incoming raw materials and | in-process samples must be incorporated into the quality control | system. | ||||
| • | Every vest panel manufactured shall be inspected for material | defects and proper ply counts. Every vest panel manufactured | shall be subsequently inspected for proper ballistic panel stitching. | Covers and accessories shall be inspected during manufacturing | for defects at selected points to assure the absence of hidden | defects in the final item. | |||
| • | Each vest shall receive a final inspection prior to shipment that | includes a review of the quality control check sheet and confirm | the product against the customer's order. | ||||||
| • | Any equivalency to be considered must have the manufacturer's | documentation supporting the substitute material's ability to meet | the specifications. |
1.2.6. Each unit of soft body armor delivered shall have an individual serial number that is traceable to its original ballistic material lot number and ballistic material mill roll number. Additionally, the soft body armor serial number shall be traceable to an incoming material lot test and ballistic panel lay-up test.
1.2.7 Individual measurements will be taken of each user, unless otherwise directed by ISP.
1.3. MILESTONES AND DELIVERABLES:
| 1.3.1. | The Vendor shall supply personnel (vendor or armor manufacturer) and | sized samples to conduct fittings on dates and at locations to be | determined by the Illinois State Police (ISP). For example, measuring | sessions may take place at the Illinois State Police (ISP) Academy for 50- | 120 personnel. | |||||
| 1.3.2. | Vendor may provide a detailed sizing sheet in order for ISP to self- | measure and send the sizing sheets to place the order. Replacement of | in-person measuring with self-measuring or having personnel travel to | the vendor's place of business is at the option of ISP. | ||||||
| 1.3.3. | The Vendor shall perform all required alterations of more than one (1) | inch within 60 days after original shipment of the product at no charge. | Adjustments of an inch or less than an inch will be accomplished by | utilizing the adjustable strap feature on the vest as indicated within the | specifications. | |||||
| 1.3.4. | The Vendor or armor manufacturer warrants the ballistic panels against | defects in material and workmanship for five years after the date of | purchase. If the ballistic testing is performed during this period, it shall be | in accordance with current NIJ standards. | ||||||
| 1.3.5. | The Vendor or armor manufacturer warrants the removable machine | washable covers for twelve months after the date of purchase against | any defects in the material and workmanship. | |||||||
| 1.3.5. | Invoices will be sent to the ordering entity and presented within thirty | {30) days of delivery and shall detail a list of items by brand, model, | description, price, and quantity, AND clearly indicate the State of Illinois | contract number. All freight is to be included in the price and prepaid by | the Vendor. | |||||
| 1.3.6. | Orders must be received within 60 days after receipt of the order. | Vendor must agree to a partial shipment in case of a delay on the total | order. ISP will be placing orders on an as needed basis. The quantities | listed in the bid are estimated and are not a guarantee for order. |
1.4. VENDOR/STAFF SPECIFICATIONS:
1.4.1. The Vendor will provide a copy of the certificate of accreditation for NIJ as well as the manufacturer's quality control program.
1.4.2 The Vendor must submit documentation demonstrating the manufacturer's ability to trace serialization.
1.5. TRANSPORTATION AND DELIVERY:
1.5.1. All deliveries must be received at the IL State Police Quarter Master, located at 3740 East Lake Shore Drive, Springfield, Illinois 62712. Deliveries are accepted Monday through Friday, 8:00am to 4:30pm; No Weekend or Holiday Deliveries will be accepted. SHIPPING CHARGES MUST WERE INCLUDED IN THE PER UNIT COST. There shall be no minimum order for F.O.B. Destination.
1.5.2. Packing lists showing order number provided to Vendor must be furnished with each shipment and must be shown on the outside of each shipping container along with the Vendor name.
1.5.3. Products must be packaged and shipped consistent with good commercial practices.
| • | Each set of armor, along with its optional equipment shall be | placed in an individual bag or carton. It must be labeled with the | serial number of the front and back panels, receiving individual's | last name, ID number, location or district of assignment as it | pertains to the governmental unit with a law enforcement | component. |
| • | Shipping boxes or containers must allow for normal shipping | without damage to the soft body armor. |
1.5.4. The Vendor will include a copy of the order document and/or a packing slip showing the order number and the contents of the order. Items may not be back ordered without written approval of ISP.
1.5.5. After receipt of an order, the Vendor must notify ISP of the delivery date and any subsequent changes to the delivery date. M/Sgt. Haywood 217- 786-7196 email: Matthew.Haywood@illinois.gov; or Cody Suttles 217- 786-7130 email: Cody.Suttles@illinois.gov.
1.6. SUBCONTRACTING:
Subcontractors are allowed.
1.6.1. Will subcontractors be utilized? |_| Yes |_| No
A subcontractor is a person or entity that enters into a contractual agreement with a total value of $100,000 or more with a person or entity who has a contract subject to the Illinois Procurement Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract.
All contracts with subcontractors where the annual value of the subcontract is greater than $50,000 must include Illinois Standard Certifications completed by the subcontractor.
1.6.2. Please identify below subcontracts with an annual value of $100,000 or more that will be utilized in the performance of the contract, the names and addresses of the subcontractors, and a description of the work to be performed by each.
· Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text
· Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text If additional space is necessary to provide subcontractor information, please attach an additional page.
1.6.3. If the annual value of any subcontracts is more than $100,000, then the Vendor must provide to the State the Financial Disclosures and Conflicts of Interest for that subcontractor.
1.6.4. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, Vendor is required to promptly notify, in writing, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses and the expected amount of money that each new or replaced subcontractor will receive pursuant to this Contract. Any subcontracts entered prior to award of this Contract are done at the sole risk of the Vendor and subcontractor(s).
1.7. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this section all services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the State as a breach of the contract by Vendor.
Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If the Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if the Offeror shifts any such work outside the United States.
· Location where services will be performed: Click here to enter text Value of services performed at this location: Click here to enter text
· Location where services will be performed: Click here to enter text Value of services performed at this location: Click here to enter text
2. PRICING
2.1. TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract price is firm or estimated at the time it is submitted for obligation. The total price of this contract is estimated.
2.2. VENDOR’S PRICING: Vendor’s pricing is located in the Items Tab in the BidBuy Purchase Order. The State includes in this contract the BidBuy Purchase Order as it contains the agreed pricing.
2.3. MAXIMUM AMOUNT: The total payments under the initial term of this contract shall not exceed $TBD without a formal amendment. The maximum amount will be entered by the State prior to execution of the contract.
3. TERM AND TERMINATION
3.1. TERM:
3.1.1. TERM OF THIS CONTRACT: The contract resulting from this procurement will have an initial term commencing upon contract execution and ending five (5) years. In no event will the maximum total term of the contract, including the initial term, any renewal terms, and any extensions, exceed ten (10) years. Vendor shall not commence billable work in furtherance of the contract prior to final execution of the contract except when permitted pursuant to 30 ILCS 500/20-80.
3.2. TERMINATION FOR CAUSE: The State may terminate this contract, in whole or in part, immediately upon notice to the Vendor if: (a) the State determines that the actions or inactions of the Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has notified the State that it is unable or unwilling to perform the contract.
If Vendor fails to perform to the State’s satisfaction any material requirement of this contract, is in violation of a material provision of this contract, or the State determines that the Vendor lacks the financial resources to perform the contract, the State shall provide written notice to the Vendor to cure the problem identified within the period of time specified in the State’s written notice. If not cured by that date the State may either: (a) immediately terminate the contract without additional written notice or (b) enforce the terms and conditions of the contract. For termination due to any of the causes contained in this Section, the State retains its rights to seek any available legal or equitable remedies and damages.
3.3. TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) days prior written notice to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor.
Upon submission of invoices and proof of claim, the Vendor shall be entitled to compensation for supplies and services provided in compliance with this contract up to and including the date of termination.
3.4. AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the availability of funds. The State, at its sole option, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60), (2) the Governor decreases the Agency’s funding by reserving some or all of the Agency’s appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Agency determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. Contractor will be notified in writing of the failure of appropriation or of a reduction or decrease.
4. STANDARD BUSINESS TERMS AND CONDITIONS
4.1. PAYMENT TERMS AND CONDITIONS:
4.1.1. LATE PAYMENT: Payments, including late payment charges, will be paid in accordance with the State Prompt Payment Act and rules when applicable. 30 ILCS 540; 74 III. Adm. Code 900. This shall be Vendor’s sole remedy for late payments by the State. Payment terms contained in Vendor’s invoices shall have no force or effect.
4.1.2. MINORITY CONTRACTOR INITIATIVE: Any Vendor awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.
4.1.3. EXPENSES: The State will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this contract by the Parties even if the effective date of the contract is prior to execution.
4.1.4. PREVAILING WAGE: As a condition of receiving payment Vendor must (i) be in compliance with the contract, (ii) pay its employees prevailing wages when required by law, (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the State upon request. Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services. The prevailing wages are revised by the Illinois Department of Labor (DOL) and are available on DOL’s official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting DOL at 217-782-6206 or (https://labor.illinois.gov) to ensure understanding of prevailing wage requirements.
4.1.5. FEDERAL FUNDING: This contract may be partially or totally funded with Federal funds. If Federal funds are expected to be used, then the percentage of the good/service paid using Federal funds and the total Federal funds expected to be used will be provided to the awarded Vendor in the notice of intent to award.
4.1.6. INVOICING: By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of this contract, and the amount billed, and expenses incurred are as allowed in this contract. Invoices for supplies purchased, services performed, and expenses incurred through June 30 of any year must be submitted to the State no later than July 31 of that year; otherwise, Vendor may have to seek payment through the Illinois Court of Claims. 30 ILCS 105/25. All invoices are subject to statutory offset. 30 ILCS 210.
4.1.6.1. Vendor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable agency’s Illinois tax exemption number and Federal tax exemption information.
4.1.6.2. Vendor shall invoice at this completion of the contract unless invoicing is tied in this contract to milestones, deliverables, or other invoicing requirements agreed to in the contract.
Send invoices to:
| Agency: |
| Illinois State Police-QM |
| Attn: |
| Cody Suttles |
| Address: |
| 3740 East Lakeshore Drive |
| City, State Zip |
| Springfield, Illinois 62712 |
For procurements conducted in BidBuy, the Agency may include in this contract the BidBuy Purchase Order as it contains the Bill To address.
| 4.2. ASSIGNMENT: This contract may not be assigned or transferred in whole or in | part by Vendor without the prior written consent of the State. | ||||||||||||||||||||||||||||||||
| 4.3. SUBCONTRACTING: For purposes of this section, subcontractors are those | with contracts with an annual value exceeding $100,000 and who are specifically | hired to perform all, or part of the work covered by this contract. Vendor must | receive prior written approval before use of any subcontractors in the | performance of this contract. Vendor shall describe, in an attachment if not | already provided, the names and addresses of all authorized subcontractors to | be utilized by Vendor in the performance of this contract, together with a | description of the work to be performed by the subcontractor and the anticipated | amount of money that each subcontractor is expected to receive pursuant to this | contract. If required, Vendor shall provide a copy of any subcontracts within | fifteen (15) days after execution of this contract. All subcontracts must include | the same certifications that Vendor must make as a condition of this contract. | Vendor shall include in each subcontract the Standard Illinois Certification form | available from the State. If at any time during the term of the Contract, Vendor | adds or changes any subcontractors, then Vendor must promptly notify, by | written amendment to the Contract, the State Purchasing Officer or the Chief | Procurement Officer of the names and addresses, the expected amount of | money that each new or replaced subcontractor will receive pursuant to the | Contract, and the general type of work to be performed. 30 ILCS 500/20-120. | |||||||||||||||
| 4.4. AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall | maintain books and records relating to the performance of this contract and any | subcontract necessary to support amounts charged to the State pursuant this | contract or subcontract. Books and records, including information stored in | databases or other computer systems, shall be maintained by the Vendor for a | period of three (3) years from the later of the date of final payment under the | contract or completion of the contract, and by the subcontractor for a period of | three (3) years from the later of final payment under the term or completion of | the subcontract. If Federal funds are used to pay contract costs, the Vendor | and its subcontractors must retain their respective records for five (5) years. | Books and records required to be maintained under this section shall be | available for review or audit by representatives of the procuring Agency, the | Auditor General, the Executive Inspector General, the Chief Procurement | Officer, State of Illinois internal auditors or other governmental entities with | monitoring authority, upon reasonable notice and during normal business hours. | Vendor and its subcontractors shall cooperate fully with any such audit and with | any investigation conducted by any of these entities. Failure to maintain books | and records required by this section shall establish a presumption in favor of the | State for the recovery of any funds paid by the State under this contract or any | subcontract for which adequate books and records are not available to support | the purported disbursement. The Vendor or subcontractors shall not impose a | charge for audit or examination of the Vendor’s or subcontractor’s books and | records. 30 ILCS 500/20-65. | |||||||||||
| 4.5. TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s | performance of this contract. Vendor shall continue to perform its obligations | while any dispute concerning this contract is being resolved unless otherwise | directed by the State. | ||||||||||||||||||||||||||||||
| 4.6. NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a | Party to exercise or enforce a right does not waive that Party’s right to exercise | or enforce that or other rights in the future. | |||||||||||||||||||||||||||||||
| 4.7. FORCE MAJEURE: Failure by either Party to perform its duties and obligations | will be excused by unforeseeable circumstances beyond its reasonable control | and not due to its negligence, including acts of nature, acts of terrorism, riots, | labor disputes, fire, flood, explosion, and governmental prohibition. The non- | declaring Party may cancel this contract without penalty if performance does not | resume within thirty (30) days of the declaration. | ||||||||||||||||||||||||||||
| 4.8. CONFIDENTIAL INFORMATION: Each Party to this contract, including its | agents and subcontractors, may have or gain access to confidential data or | information owned or maintained by the other Party in the course of carrying out | its responsibilities under this contract. Vendor shall presume all information | received from the State or to which it gains access pursuant to this contract is | confidential. Vendor information, unless clearly marked as confidential and | exempt from disclosure under the Illinois Freedom of Information Act, shall be | considered public. No confidential data collected, maintained, or used in the | course of performance of this contract shall be disseminated except as | authorized by law and with the written consent of the disclosing Party, either | during the period of this contract or thereafter. The receiving Party must return | any and all data collected, maintained, created or used in the course of the | performance of this contract, in whatever form it is maintained, promptly at the | end of this contract, or earlier at the request of the disclosing Party, or notify the | disclosing Party in writing of its destruction. The foregoing obligations shall not | apply to confidential data or information lawfully in the receiving Party’s | possession prior to its acquisition from the disclosing Party; received in good | faith from a third Party not subject to any confidentiality obligation to the | disclosing Party; now is or later becomes publicly known through no breach of | confidentiality obligation by the receiving Party; or that is independently | developed by the receiving Party without the use or benefit of the disclosing | Party’s confidential information. | ||||||||||||
| 4.9. USE AND OWNERSHIP: All work performed, or supplies created by Vendor | under this contract, whether written documents or data, goods or deliverables of | any kind, shall be deemed work for hire under copyright law and all intellectual | property and other laws, and the State of Illinois is granted sole and exclusive | ownership to all such work, unless otherwise agreed in writing. Vendor hereby | assigns to the State all right, title, and interest in and to such work including any | related intellectual property rights, and/or waives any and all claims that Vendor | may have to such work including any so-called "moral rights" in connection with | the work. Vendor acknowledges the State may use the work product for any | purpose. Confidential data or information contained in such work shall be | subject to the confidentiality provisions of this contract. | |||||||||||||||||||||||
| 4.10. INDEMNIFICATION AND LIABILITY: The Vendor shall indemnify and hold | harmless the State of Illinois, its agencies, officers, employees, agents and | volunteers from any and all costs, demands, expenses, losses, claims, damages, | liabilities, settlements and judgments, including in-house and contracted | attorneys’ fees and expenses, arising out of: (a) any breach or violation by | Vendor of any of its certifications, representations, warranties, covenants or | agreements; (b) any actual or alleged death or injury to any person, damage to | any real or personal property, or any other damage or loss claimed to result in | whole or in part from Vendor’s negligent performance; (c) any act, activity or | omission of Vendor or any of its employees, representatives, subcontractors or | agents; or (d) any actual or alleged claim that the services or goods provided | under this contract infringe, misappropriate, or otherwise violate any intellectual | property (patent, copyright, trade secret, or trademark) rights of a third party. | In accordance with Article VIII, Section 1(a),(b) of the Constitution of the State | of Illinois and 1973 Illinois Attorney General Opinion 78, the State may not | indemnify private parties absent express statutory authority permitting the | indemnification. Neither Party shall be liable for incidental, special, | consequential, or punitive damages. | ||||||||||||||||
| 4.11. INSURANCE: Vendor shall, at all times during the term of this contract and any | renewals or extensions, maintain and provide a Certificate of Insurance naming | the State as an additionally insured for all required bonds and insurance. | Certificates may not be modified or canceled until at least thirty (30) days’ notice | has been provided to the State. Vendor shall provide: (a) General Commercial | Liability insurance in the amount of $1,000,000 per occurrence (Combined Single | Limit Bodily Injury and Property Damage) and $2,000,000 Annual Aggregate; (b) | Auto Liability, including Hired Auto and Non-owned Auto (Combined Single Limit | Bodily Injury and Property Damage), in amount of $1,000,000 per occurrence; | and (c) Worker’s Compensation Insurance in the amount required by law. | Insurance shall not limit Vendor’s obligation to indemnify, defend, or settle any | claims. | ||||||||||||||||||||||
| 4.12. INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor | and not an agent or employee of, or joint venturer with the State. All payments | by the State shall be made on that basis. | |||||||||||||||||||||||||||||||
| 4.13. SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person | employed by the State during the term of this contract to perform any work | under this contract. Vendor shall give notice immediately to the Agency’s | director if Vendor solicits or intends to solicit State employees to perform any | work under this contract. | |||||||||||||||||||||||||||||
| 4.14. COMPLIANCE WITH THE LAW: The Vendor, its employees, agents, and | subcontractors shall comply with all applicable Federal, State, and local laws, | rules, ordinances, regulations, orders, Federal circulars and all license and permit | requirements in the performance of this contract. Vendor shall be in compliance | with applicable tax requirements and shall be current in payment of such taxes. | Vendor shall obtain at its own expense, all licenses and permissions necessary | for the performance of this contract. | |||||||||||||||||||||||||||
| 4.15. BACKGROUND CHECK: Whenever the State deems it reasonably necessary for | security reasons, the State may conduct, at its expense, criminal and driver | history background checks of Vendor’s and subcontractor’s officers, employees or | agents. Vendor or subcontractor shall immediately reassign any individual who, | in the opinion of the State, does not pass the background check. |
4.16. APPLICABLE LAW:
| 4.16.1. PREVAILING LAW: This contract shall be construed in accordance with | and is subject to the laws and rules of the State of Illinois. | |||||||||||
| 4.16.2. EQUAL OPPORTUNITY: The Department of Human Rights’ Equal | Opportunity requirements are incorporated by reference. 44 Ill. Adm. | Code 750. | ||||||||||
| 4.16.3. COURT OF CLAIMS; ARBITRATION; SOVEREIN IMMUNITY: Any | claim against the State arising out of this contract must be filed | exclusively with the Illinois Court of Claims. 705 ILCS 505. The State | shall not enter into binding arbitration to resolve any dispute arising out | of this contract. The State of Illinois does not waive sovereign immunity | by entering into this contract. | |||||||
| 4.16.4. OFFICIAL TEXT: The official text of the statutes cited herein is | incorporated by reference. An unofficial version can be viewed at | (www.ilga.gov/legislation/ilcs/ilcs.asp). | ||||||||||
| 4.17. ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of | action it has arising under Federal or State antitrust laws relating to the subject | matter of this contract, then upon request of the Illinois Attorney General, | Vendor shall assign to the State all of Vendor’s rights, title and interest to the | claim or cause of action. | ||||||||
| 4.18. CONTRACTUAL AUTHORITY: The Agency that signs this contract on behalf of | the State of Illinois shall be the only State entity responsible for performance and | payment under this contract. When the Chief Procurement Officer or authorized | designee or State Purchasing Officer signs in addition to an Agency, he/she does | so as approving officer and shall have no liability to Vendor. When the Chief | Procurement Officer or authorized designee or State Purchasing Officer signs a | master contract on behalf of State agencies, only the Agency that places an | order or orders with the Vendor shall have any liability to the Vendor for that | order or orders. | ||||
| 4.19. EXPATRIATED ENTITIES: Except in limited circumstances, no business or | member of a unitary business group, as defined in the Illinois Income Tax Act, | shall submit a bid for or enter into a contract with a State agency if that business | or any member of the unitary business group is an expatriated entity. | |||||||||
| 4.20. NOTICES: Notices and other communications provided for herein shall be given | in writing via electronic mail whenever possible. If transmission via electronic | mail is not possible, then notices and other communications shall be given in | writing via registered or certified mail with return receipt requested, via receipted | hand delivery, via courier (UPS, Federal Express or other similar and reliable | carrier), or via facsimile showing the date and time of successful receipt. Notices | shall be sent to the individuals who signed this contract using the contact | information following the signatures. Each such notice shall be deemed to have | been provided at the time it is actually received. By giving notice, either Party | may change its contact information. | |||
| 4.21. MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers | must be in writing and signed by authorized representatives of the Parties. Any | provision of this contract officially declared void, unenforceable, or against public | policy, shall be ignored and the remaining provisions shall be interpreted, as far | as possible, to give effect to the Parties’ intent. All provisions that by their | nature would be expected to survive, shall survive termination. In the event of a | conflict between the State’s and the Vendor’s terms, conditions and attachments, | the State’s terms, conditions and attachments shall prevail. | |||||
| 4.22. PERFORMANCE RECORD/SUSPENSION: Upon request of the State, Vendor | shall meet to discuss performance or provide contract performance updates to | help ensure proper performance of this contract. The State may consider | Vendor’s performance under this contract and compliance with law and rule to | determine whether to continue this contract, suspend Vendor from doing future | business with the State for a specified period of time, or whether Vendor can be | considered responsible on specific future contract opportunities. | ||||||
| 4.23. FREEDOM OF INFORMATION ACT: This contract and all related public | records maintained by, provided to, or required to be provided to the State are | subject to the Illinois Freedom of Information Act (FOIA) notwithstanding any | provision to the contrary that may be found in this contract. 5 ILCS 140. | |||||||||
| 4.24. SCHEDULE OF WORK: Any work performed on State premises shall be | performed during the hours designated by the State and performed in a manner | that does not interfere with the State and its personnel. |
4.25. WARRANTIES FOR SUPPLIES AND SERVICES:
4.25.1. Vendor warrants that the supplies furnished under this contract will: (a) conform to the standards, specifications, drawing, samples or descriptions furnished by the State or furnished by the Vendor and agreed to by the State, including but not limited to all specifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so specified in writing, and fit and sufficient for the intended use; (c) comply with all federal and state laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encumbrances and; (e) not infringe any patent, copyright or other intellectual property rights of any third party. Vendor agrees to reimburse the State for any losses, costs, damages or expenses, including without limitations, reasonable attorney’s fees and expenses, arising from failure of the supplies to meet such warranties.
4.25.2. Vendor shall ensure that all manufacturers’ warranties are transferred to the State and shall provide to the State copies of such warranties. These warranties shall be in addition to all other warranties, express, implied or statutory, and shall survive the State’s payment, acceptance, inspection or failure to inspect the supplies.
| 4.25.3. Vendor warrants that all services will be performed to meet the | requirements of this contract in an efficient and effective manner by | trained and competent personnel. Vendor shall monitor performances of | each individual and shall immediately reassign any individual who does | not perform in accordance with this contract, who is disruptive or not | respectful of others in the workplace, or who in any way violates the | contract or State policies. | |||
| 4.26. REPORTING, STATUS AND MONITORING SPECIFICATIONS: Vendor shall | immediately notify the State of any event that may have a material impact on | Vendor’s ability to perform this contract. | |||||||
| 4.27. EMPLOYEMENT TAX CREDIT: Vendors who hire qualified veterans and certain | ex-offenders may be eligible for tax credits. 35 ILCS 5/216, 5/217. Please | contact the Illinois Department of Revenue (telephone #: 217-524-4772) for | information about tax credits. |
5. STATE SUPPLEMENTAL PROVISIONS
|_| Agency Definitions N/A |_| Required Federal Clauses, Certifications and Assurances N/A |_| Public Works Requirements (construction and maintenance of a public work) 820 ILCS 130/4.
N/A |_| Prevailing Wage (janitorial cleaning, window cleaning, building and grounds, site technician, natural resources, food services, security services, and printing, if valued at more than $200 per month or $2,000 per year) 30 ILCS 500/25-60.
N/A |_| Agency Specific Terms and Conditions N/A
| |_| | Other (describe) |
| N/A |
6. ATTACHMENTS
6.1. Financial Disclosures (including Illinois Procurement Gateway print-off if applicable)
6.2. State of Illinois Offer Document
6.3. BidBuy Purchase Order
Illinois State Police Contract Ultra-low visibility carriers/armor and shirts
25-493ISP-OPERA-R-238080/B-46421
VENDOR
| Vendor Name: Click here to enter text. |
| Address (City/State/Zip): Click here to enter text. |
Phone: Click here to enter text.
| Printed Name: Click here to enter text. |
| Email: Click here to enter text. |
| Title: Click here to enter text. |
| Date: |
Signature:
STATE OF ILLINOIS
| Procuring Agency: Illinois State Police |
| Phone: 217-782-7263 |
| Street Address: 801 S. Seventh St. Suite 800-A |
| Fax: 217-785-2821 |
City, State ZIP: Springfield, Illinois 62703
| Official Signature: |
| Date: |
| Printed Name: Brendan F. Kelly |
| Designee: Rebecca Hooks |
| Official’s Title: ISP Director |
| Title: First Deputy Director |
| Legal Signature: |
| Date: |
Legal Printed Name: Steffanie Garrett
Legal’ s Title: Chief Legal Counsel
| Fiscal Signature: |
| Date: |
Fiscal’s Printed Name: Michelle Dankoski
Fiscal’s Title: Acting Chief Financial Officer
State of Illinois Contract v.25.3
AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS
· Agency Reference #: 25-493ISP-OPERA-R-23808/B-46421
· Project Title: Ultra-low visibility carriers/armor and shirts
· Contract #: 25-493ISP-OPERA-R-23808/B-46421
· Procurement Method (IFB, RFP, Small Purchase, etc.): IFB
· BidBuy / Bulletin Reference #:25-493ISP-OPERA-R-23808/B-46421
· BidBuy / Bulletin Publication Date:
· Award Code: A
· Subcontractor Utilization? |_| Yes |_|No Subcontractor Disclosure? |_| Yes |_|No
· Funding Source:
· Obligation #:
| · Small Business Set-Aside? |_| Yes |_|No | Percentage: | ||
| · Minority Owned Business? |_| Yes |_|No | Percentage: | ||
| · Women Owned Business? |_| Yes |_|No | Percentage: | ||
| · Persons with Disabilities Owned Business? |_| Yes |_|No | Percentage: | ||
| · Veteran Owned Small Business? |_| Yes |_|No | Percentage: |
· Other Preferences?
File details come from the government source that posted it. Updated .