BOA IDOC CHEX MIX FY22~4.docx
DOCX document 119 KB Posted
- Attached to
- IDOC - IBF - Chex Mix - BMM
- Solicitation number
- 22-426DOC-CENTO-B-25552
- Issued by
- Jefferson County, Illinois
About this file
This document is a Basic Ordering Agreement (BOA) contract under $50,000 issued by the Illinois Department of Corrections (IDOC) for the purchase of Chex Mix Traditional Flavor snack bags. The contract is for various IDOC correctional facilities across the state, with specific quantities and delivery locations listed. Bids are due by October 28, 2021 at 10:00 AM CST, and the agency is requesting delivery by November 15, 2021. The contract term is from the date of signatures through June 30, 2022.
The contract outlines pricing, payment, and shipping terms. It also includes COVID-19 protections and compliance requirements for vendors. The agency reserves the right to order additional quantities at the awarded bid price for 15 days after contract execution. This is a small purchase procurement, and the agency will make the final determination on brand and model equivalency. Funding will be from locally held funds, and the agency has the right to award the bid in whole or in part.
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| File | Type | Posted |
|---|---|---|
| Attachment - Notice of Electronic Submission Only v.22.1~3.pdf | ||
| Standard Certifications~6.doc | DOC document |
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Text version
STATE OF ILLINOIS
TAXPAYER IDENTIFICATION NUMBER
CONTACT INFORMATION
Vendor Name: Click here to enter text.
Address: Click here to enter text.
Contact: Click here to enter text. Phone #: Click here to enter text.
Email: Click here to enter text. Fax #: Click here to enter text.
State Agency Name: IL Department of Corrections Address: 1301 Concordia Ct Springfield IL 62794 Contact: Christine Rhoades-Hosch Phone #: 217-558-2200 X-4103 Email: doc.purchasing@illinois.gov Fax#: 217-558-2203
STATE OF ILLINOIS
BASIC ORDERING AGREEMENT (BOA) < $50,000
The terms and conditions of this BOA, including those terms and conditions set forth in the additional documents referenced below, and any continuation sheets, constitute the entire agreement between the parties with respect to the subject matter of this BOA. State documents will prevail in the event of a conflict between State and Vendor documents.
CONTRACT INFORMATION
Contract #:
Action: New Acquisition Type: Purchase Payment Cycle: One Time Payment Terms and Conditions: BOA Terms and Conditions Term:
Begin Date:
Upon Signatures of Both Parties
End Date:
6/30/2022
Ship To: IL Department of Corrections Name: Business Administrators Address:
Individual Shipping Locations are Listed on the BOA Bill To: IL Department of Corrections Name: Business Administrators Address:
Individual Billing Locations are Listed on the BOA
BOA uses Illinois Procurement Gateway Certifications and Disclosures?
☐ YES (IPG Certifications and Disclosures including FORMS B) ☐ No In signing the BOA, the Contractor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Contractor’s execution of the BOA.
ORDERING INFORMATION
| Item |
| Description |
(manufacturer, model, serial number, feature, etc.)
| Qty |
| One Time Charge |
| Unit |
| Extension |
| 1 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Big Muddy CC |
| 1215 EA |
| 2 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Centralia CC |
| 1222 EA |
| 3 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Danville CC |
| 1491 EA |
| 4 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Decatur CC |
| 262 EA |
| 5 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Dixon CC |
| 1511 EA |
| 6 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. East Moline CC |
| 516 EA |
| 7 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Graham CC |
| 1504 EA |
| 8 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Hill CC |
| 1581 EA |
| 9 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Illinois River CC |
| 1613 EA |
| 10 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Jacksonville CC |
| 369 EA |
| 11 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Joliet TC |
| 208 EA |
| 12 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Kewanee LSRC |
| 144 EA |
| 13 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Lawrence CC |
| 954 EA |
| 14 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Lincoln CC |
| 558 EA |
| 15 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Logan CC |
| 983 EA |
| 16 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Menard CC |
| 2105 EA |
| 17 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Pinckneyville CC |
| 1501 EA |
| 18 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Pontiac CC |
| 1129 EA |
| 19 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Robinson CC |
| 667 EA |
| 20 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Shawnee CC |
| 1253 EA |
| 21 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Sheridan CC |
| 930 EA |
| 22 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Southwestern Illinois CC |
| 185 EA |
| 23 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Stateville CC |
| 2127 EA |
| 24 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Taylorville CC |
| 683 EA |
| 25 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Vandalia CC |
| 375 EA |
| 26 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Vienna CC |
| 470 EA |
| 27 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Western Illinois CC |
| 1466 EA |
| 28 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Elgin TC |
| 18 EA |
| 29 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Fox Valley ATC |
| 55 EA |
| 30 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Murphysboro LSRC |
| 95 EA |
| 31 |
| Chex Mix Traditional Flavor, Individual Bags; Approx. 3.75 oz bag. Peoria ATC |
| 110 EA |
Page Total: $
BOA Total (if multiple pages): $
| FACILITY |
| SHIP TO ADDRESS |
| BILL TO ADDRESS |
| CILITY CONTACT |
| TELEPH NUMBER |
| Big Muddy CC |
| 251 N. Illinois Highway 37, Ina, IL 62846 |
| 251 N. Illinois Highway 37, Ina, IL 62846 |
| Susan Hepp |
| 618-437-5300 ext. 242 |
| Centralia CC |
| 9330 Shattuc Rd., Centralia, IL 62801 |
| 9330 Shattuc R., Centralia, IL 62801 |
| Nancy Stanfa |
| 618-533-4111 ext. 2232 |
| Danville CC |
| 3820 East Main St., Danville, IL 61834 |
| 3820 East Main St., Danville, IL 61834 |
| Rodney Dunham |
| 217-446-0441 ext. 212 |
| Decatur CC |
| 2310 E. Mound Road, Decatur, IL 62524 |
| 2310 E. Mound Road, Decatur, IL 62524 |
| Kevin Kaylor |
| 217-877-0353 ext. 400 |
| Dixon CC |
| 2600 N. Brinton Ave., Dixon, IL 61021 |
| 2600 N. Brinton Ave., Dixon, IL 61021 |
| Cathy Hombs |
| 815-288-5561 ext. 2238 |
| East Moline CC |
| 100 Hillcrest Road, East Moline, IL 61244 |
| 100 Hillcrest Road, East Moline, IL 61244 |
| Todd Jackson |
| 309-755-4511 ext. 2501 |
| Graham CC |
| 12078 Illinois Route 185, Hillsboro, IL 62049 |
| 12078 Illinois Route 185, Hillsboro, IL 62049 |
| Bob Garcia |
| 217-532-6961 ext. 2232 |
| Hill CC |
| 600 S. Linwood Rd., Galesburg, IL 61401 |
| 600 S. Linwood Rd., Galesburg, IL 61401 |
| Mike Smiddy |
| 309-343-4212 ext. 133 |
| Illinois River CC |
| 1300 W. Locust, Canton, IL 61520 |
| PO Box 999, Canton, IL 61520 |
| Lucas Divan |
| 309-647-7030 ext. 230 |
| Jacksonville CC |
| 2268 East Morton Ave., Jacksonville, IL 62650 |
| 2268 East Morton Ave., Jacksonville, IL 62650 |
| Tracy Flowers |
| 217-245-1481 ext. 211 |
| Joliet TC |
| 2848 W. McDonough St., Joliet, IL 60436 |
| 2848 W. McDonough St., Joliet, IL 60436 |
| Persephone Booker |
| 815-730-4400 ext. 2030 |
State of Illinois Chief Procurement Office General Services 1 BOA under $50,000 V.18.2
| FACILITY |
| SHIP TO ADDRESS |
| BILL TO ADDRESS |
| FACILITY CONTACT |
| TELEPHONE NUMBER |
| Kewanee LSRC |
| 2021 Kentville Road, Kewanee, IL 61443 |
| 2021 Kentville Road, Kewanee, IL 61443 |
| Todd Jackson |
| 309-852-4601 ext. 1100 |
| Lawrence CC |
| 10940 Lawrence Road, Sumner, IL 62466 |
| 10940 Lawrence Road, Sumner, IL 62466 |
| Linda Ludwig |
| 618-936-2064 ext. 2088 |
| Lincoln CC |
| 1098 1350th Street, Lincoln, IL 62656 |
| 1098 1350th Street, Lincoln, IL 62656 |
| Eric Michael |
| 217-735-5411 ext. 212 |
| Logan CC |
| 1096 1350th Street, Lincoln, IL 62656 |
| 1096 1350th Street, Lincoln, IL 62656 |
| George Franklin |
| 217-735-5581 ext. 231 |
| Menard CC |
| 711 Kaskaskia Street, Menard, IL 62259 |
| 711 Kaskaskia Street, Menard, IL 62259 |
| Jamie Welborn |
| 618-826-5071 ext. 2441 |
| Pinckneyville CC |
| 5835 St. Rt. 154, Pinckneyville, IL 62274-3410 |
| 5835 St. Rt. 154, Pinckneyville, IL 62274-3410 |
| Lynn Robinson |
| 618-357-9722 ext. 2030 |
| Pontiac CC |
| 700 W. Lincoln Street, Pontiac, IL 61764 |
| 700 W. Lincoln Street, Pontiac, IL 61764 |
| Celine Dowling |
| 815-842-2816 ext. 2101 |
| Robinson CC |
| 13423 E. 1150th Avenue, Robinson, IL 62454 |
| 13423 E. 1150th Avenue, Robinson, IL 62454 |
| Lisa Flowers |
| 618-546-5659 ext. 5402 |
| Shawnee CC |
| 6665 St., Rt. 146 East, Vienna, IL 62995 |
| 6665 St., Rt. 146 East, Vienna, IL 62995 |
| Heidi Wiggs |
| 618-658-8331 ext. 2003 |
| Sheridan CC |
| 4017 E. 2603rd Road, Sheridan, IL 60551 |
| 4017 E. 2603rd Road, Sheridan, IL 60551 |
| Michelle Grogan |
| 815-496-2181 ext. 2006 |
| Southwestern Il CC |
| 950 Kingshighway St., East St. Louis, IL 62203 |
| 950 Kingshighway St., East St. Louis, IL 62203 |
| Neal Michael |
| 618-394-2200 ext. 432 |
| Stateville CC |
| 16830 S. Broadway St., Crest Hill, IL 60403 |
| PO Box 112, Joliet, IL 60434 |
| Muhjah McCaskill |
| 815-727-3607 ext. 5513 |
| FACILITY |
| SHIP TO ADDRESS |
| BILL TO ADDRESS |
| FACILITY CONTACT |
| TELEPHONE NUMBER |
| Taylorville CC |
| 1144 IL Route 29, Taylorville, IL 62568 |
| 1144 IL Route 29, Taylorville, IL 62568 |
| Lisa Eden |
| 217-824-4004 ext. 5415 |
| Vandalia CC |
| 1874 Route 51 North, Vandalia, IL 62471 |
| 1874 Route 51 North, Vandalia, IL 62471 |
| Tracey Schultz |
| 618-283-4170 ext. 2141 |
| Vienna CC |
| 6695 State Route 146 East, Vienna, IL 62995 |
| 6695 State Route 146 East, Vienna, IL 62995 |
| Debra K. Moore |
| 618-658-8371 ext. 500 |
| Western Illinois CC |
| 2500 Route 99 South, Mt. Sterling, IL 62353 |
| 2500 Route 99 South, Mt. Sterling, IL 62353 |
| Kimberly Watson |
| 217-773-4441 ext. 236 |
| Elgin TC |
| 750 South Lake St, Elgin, IL 60123 |
| 750 South Lake St, Elgin, IL 60123 |
| Persephone Booker |
| 815-730-4400 ext. 2030 |
| Fox Valley ATC |
| 1329 North Lake St, Aurora, IL 60506 |
| 1329 North Lake St, Aurora, IL 60506 |
| Jonathon Kelly |
| 630-897-5610 |
| Murphysboro LSRC |
| 636 Elza Brantley Dr, Murphysboro, IL 62966 |
| 636 Elza Brantley Dr, Murphysboro, IL 62966 |
| Lynn Robinson |
| 618-565-2944 ext. 2030 |
| Peoria ATC |
| 607 Main St, Peoria, IL 61602 |
| 607 Main St, Peoria, IL 61602 |
| Melody Tisdale |
| 309-671-3162 ext. 247 |
Approp. Account Code: Locally Held Funds Detailed Expenditure Object Code: 1399 IPB Reference Number:
Award Code: C Original Procurement Method: Small Purchase IPB Publication Date:
Subcontractors Utilized? No Subcontractors Disclosed? No
STATE USE ONLY
Reference Number:
Source Selection Method: Small Purchase Is Financing Needed? No Using Agency Funding Source:
· Fiscal Year: 2022
· Type: State
ADDITIONAL INFORMATION / REFERENCES / ATTACHMENTS
Bids will be opened on 10/28/21 at 10:00 a.m. CST
Bid preferred submission to Agency to be Via BidBuy system. Email submissions to doc.purchasing@illinois.gov. On subject line, please reference: BID FOR Bid # 25552.
Vendor: IDOC requires the delivery of the commodity by 11/15/2021. All items must be shipped in whole by required delivery date.
VENDOR: Delivery of items is requested as soon as possible after award of bid(s) but no later than 7 Days after the order is placed. PARTIAL ORDERS WILL NOT BE ACCEPTED. The Agency requests that items to be bid as listed. Items must not feature logos or have any removable plastic or metal pieces. The Department of Corrections reserves the right to order additional quantities at the awarded bid price for 15 days after contract execution. Bidder is responsible for weather related shipping precautions.
Pricing for all commodities and/or equipment shall be in accordance with the unit of measure specified in the Pricing Section and only one unit price shall be quoted per item unless otherwise stated. All extensions and totals requested shall be shown. Prices quoted must be net after deducting all trade or quantity discounts.
Agency reserves the right to award the bid in whole or in part.
Signed BOA with bid information must be attached to the Vendor’s BidBuy quote submission. Agency must have fully executed BOA, signed and dated by both parties, prior to product being sent to the Agency by the Vendor.
The vendor will be responsible for shipping or delivery of the parts to the Agency. Prices must be F.O.B. DESTINATION with all transportation and handling included and paid by the Contractor. Deliveries are accepted Monday through Friday, 9:00 a.m. to 3:00 p.m., excluding state holidays. Delivery to be made to the facility’s warehouse receiving dock.
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. Burden of proof that the product is equal is on the bidder. If quoting on an equivalent brand/model, you must provide detailed information with your quote. The Illinois Department of Corrections will make the final determination as to brand and model equivalency.
COVID-19 PROTECTIONS: In response to the COVID-19 pandemic, Governor J.B. Pritzker issued Executive Order 2021-22 and 2021-23. These Executive Orders mandate certain contractors shall use face coverings, have COVID-19 vaccinations, or undergo testing for COVID-19 when in indoor public places, Health Care Facilities, Schools, Institutions of Higher Education, and State-owned and operated congregate facilities. Vendor shall adhere to the requirements of these Executive Orders as applied by the Agency. The Agency may also implement vaccination or testing requirements that exceed those in the Executive Orders.
Bids must be submitted to the Agency via BidBuy. Vendors, ensure this document is completed correctly prior to submitting. All vendors must ensure they are compliant with sections below. If the vendor is not compliant, the bids will be rejected. The links for certification are below:
Forms A-https://www.illinois.gov/cpo/general/Pages/SolicitationandContractTemplates.aspx Forms B-https://www.illinois.gov/cpo/general/Pages/SolicitationandContractTemplates.aspx Financial Disclosures and Conflicts of Interest-https://www.illinois.gov/cpo/general/Pages/SolicitationandContractTemplates.aspx Board of Elections-https://elections.il.gov/InfoForBusinesses.aspx
SIGNATURES The undersigned parties agree to these terms and conditions.
Signature:
State Agency:
Printed Name: Click here to enter text.
Signature agency representative:
Title: Click here to enter text.
Printed Name:
Date:
Title:
Date:
State of Illinois
State of Illinois
Signature agency representative:
Signature agency representative:
Printed Name:
Printed Name:
Title:
Title:
Date:
Date:
State of Illinois Chief Procurement Office General Services 2 BOA under $50,000 V.18.2
1. PAYMENT TERMS AND CONDITIONS:
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 on Vendor’s invoices shall have no force and effect.
1.2. Minority Contractor Initiative: Any Vendor awarded a contract under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) of $1,000 or more 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.
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.
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 Department of Labor and are available on the Department’s official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting the Illinois Department of Labor to ensure understanding of prevailing wage requirements at 217-782-6206 or (http://www.state.il.us/agency/idol/index.htm).
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 in the award notice.
1.6. Invoicing: By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of the contract, and the amount billed and expenses incurred are as allowed in the 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.
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/University state tax exemption number and federal tax exemption information.
1.6.2. Vendor shall invoice at the completion of the contract unless invoicing is tied in the contract to milestones, deliverables, or other invoicing requirements agreed to in the contract.
2. ASSIGNMENT: This contract may not be assigned, transferred in whole or in part by Vendor without the prior written consent of the State.
3. SUBCONTRACTING: For purposes of this section, subcontractors are those specifically hired to perform all or part of the work covered by the 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 subcontractor certifications as shown on the Standard 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 and the expected amount of money that each new or replaced subcontractor will receive pursuant to the Contract. 30 ILCS 500/20-120.
4. AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of the contract or subcontract and necessary to support amounts charged to the State pursuant the 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.
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 the contract is being resolved unless otherwise directed by the State.
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.
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 the contract without penalty if performance does not resume within thirty (30) days of the declaration.
8. CONFIDENTIAL INFORMATION: Each Party, including its agents and subcontractors, to this contract 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 the contract shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of the contract or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of the contract, in whatever form it is maintained, promptly at the end of the 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 is independently developed by the receiving Party without the use or benefit of the disclosing Party’s confidential information.
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 confidentiality provisions of this contract.
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.
11. INSURANCE: Vendor shall, at all times during the term and any renewals maintain and provide a Certificate of Insurance naming the State as 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 occurrence form in 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 amount required by law. Insurance shall not limit Vendor’s obligation to indemnify, defend, or settle any claims.
12. INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venture with the State. All payments by the State shall be made on that basis.
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.
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.
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 subcontractors officers, employees or agents. Vendor or subcontractor shall reassign immediately any such individual who, in the opinion of the State, does not pass the background check.
16. APPLICABLE LAW:
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.
16.2. EQUAL OPPORTUNITY: The Department of Human Rights’ Equal Opportunity requirements are incorporated by reference. 44 ILL. ADM. CODE 750.
16.3. COURT OF CLAIMS; ARBITRATION; SOVEREIGN IMMUNITY: Any claim against the State arising out of this contract must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505/1. 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.
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).
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 the contract, then upon request of the Illinois Attorney General, Vendor shall assign to the State rights, title and interest in and to the claim or cause of action.
18. CONTRACTUAL AUTHORITY: The Agency that signs for the State of Illinois shall be the only State entity responsible for performance and payment under the contract. When the Chief Procurement Officer or authorized designee signs in addition to an Agency, they do 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 with the Vendor shall have any liability to Vendor for that order.
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.
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.
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.
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 the contract. The State may consider Vendor’s performance under this contract and compliance with law and rule to determine whether to continue the 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.
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) (50 ILCS 140) notwithstanding any provision to the contrary that may be found in this contract.
24. SCHEDULE OF WORK: Any work performed on State premises shall be done during the hours designated by the State and performed in a manner that does not interfere with the State and its personnel.
25. WARRANTIES FOR SUPPLIES AND SERVICES:
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.
25.2. Vendor shall insure that all manufacturers’ warranties are transferred to the State and shall provide a copy of the warranty. 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.
25.3. Vendor warrants that all services will be performed to meet the requirements of the contract in an efficient and effective manner by trained and competent personnel. Vendor shall monitor performances of each individual and shall reassign immediately any individual who is not performing in accordance with the contract, who is disruptive or not respectful of others in the workplace, or who in any way violates the contract or State policies.
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 the contract.
27. EMPLOYMENT 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.
28. 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.
28.1. 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.
28.2. 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.
29. 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.
29.1. The Vendor shall be entitled to compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this contract up to and including the date of termination.
30. 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 Department’s funding by reserving some or all of the Department’s appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Department 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.
STANDARD TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
31.
State of Illinois Chief Procurement Office General Services 3 BOA under $50,000 V.18.2 State of Illinois Chief Procurement Office General Services 8 BOA under $50,000 V.18.2 I certify that:
The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and I am a U.S. person (including a U.S. resident alien).
· If you are an individual, enter your name and SSN as it appears on your Social Security Card.
· If you are a sole proprietor, enter the owner’s name on the name line followed by the name of the business and the owner’s SSN or EIN.
· If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s name on the name line and the D/B/A on the business name line and enter the owner’s SSN or EIN.
· If the LLC is a corporation or partnership, enter the entity’s business name and EIN and for corporations, attach IRS acceptance letter (CP261 or CP277).
· For all other entities, enter the name of the entity as used to apply for the entity’s EIN and the EIN.
Name: Click here to enter text.
Business Name: Click here to enter text.
Taxpayer Identification Number:
Social Security Number: Click here to enter text.
or Employer Identification Number: Click here to enter text.
Legal Status (check one):
| |_| Individual | |_| Governmental | ||||
| |_| Sole Proprietor | |_| Nonresident alien | ||||
| |_| Partnership | |_| Estate or trust | ||||
| |_| Legal Services Corporation | |_| Pharmacy (Non-Corp.) | ||||
| |_| Tax-exempt | |_| Pharmacy/Funeral Home/Cemetery (Corp.) | ||||
| |_| Corporation providing or billing | |_| Limited Liability Company | ||||
| medical and/or health care services | (select applicable tax classification) | ||||
| |_| Corporation NOT providing or billing | |_| C = corporation | ||||
| medical and/or health care services | |_| P = partnership |
Signature of Authorized Representative:
Date: Click here to enter a date.
State of Illinois Chief Procurement Office General Services 9 Taxpayer Identification Number V.18.2
File details come from the government source that posted it. Updated .