Contract+to+Intoximeters.pdf

STATE's sole discretion, all payments shall be subject to reduction for amounts equal to prior overpayments to CONTRACTOR.

4) For any amounts that are or will become due and payable to STATE by CONTRACTOR, STATE reserves the right to deduct the amount owed from payments that are or will become due and payable to CONTRACTOR under this Contract.

c. Travel CONTRACTOR acknowledges travel costs are covered by the Contractual Amount and shall not invoice STA TE for travel costs.

d. Prepayment STATE will not make any advance payments before performance or delivery by CONTRACTOR under this Contract.

e. Payment of Taxes by STATE STATE is not responsible for and will not pay local, state, or federal taxes. STATE sales tax exemption number is E 2001. STATE will furnish certificates of exemption upon request by the CONTRACTOR.

f. Taxpayer ID CONTRACTOR'S federal employer ID number is: 43-0906533.

g. Purchasing Card STATE may make payment using a government credit card. CONTRACTOR will accept a government credit card without passing the processing fees for the government credit card back to STATE.

5. TERM OF CONTRACT

This Contract term (Term or Initial Term) begins on March 1, 2024, and ends on February 28, 2026.

a. No Automatic Renewal This Contract will not automatically renew.

b. Renewal Option STATE may renew this Contract upon satisfactory completion of the Initial Term. STATE reserves the right to execute up to 2 options to renew this Contract under the same terms and conditions for a period of 24 months each (Renewal Term).

c. Extension Option STATE reserves the right to extend this Contract for an additional period, not to exceed 12 months, beyond the current termination date of this Contract.

6. TERMINATION

a. Termination by Mutual Agreement This Contract may be terminated by mutual consent of both Parties executed in writing.

b. Early Termination in the Public Interest STATE is entering this Contract for the purpose of carrying out the public policy of the State of North Dakota, as determined by its Governor, Legislative Assembly, Agencies and Courts. If this Contract ceases to further the public policy of the State of North Dakota, STATE, in its sole discretion, by written notice to CONTRACTOR, may terminate this Contract in whole or in part.

13. INDEPENDENT ENTITY

CONTRACTOR is an independent entity under this Contract and is not a STATE employee for any purpose, including the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the North Dakota Unemployment Compensation Law and the North Dakota Workforce Safety and Insurance Act. CONTRACTOR retains sole and absolute discretion in the manner and means of carrying out CONTRACTOR's activities and responsibilities under this Contract, except to the extent specified in this Contract.

14.ASSIGNMENT AND SUBCONTRACTS

CONTRACTOR may not assign or otherwise transfer or delegate any right or duty without STATE's express written consent, provided, however, that CONTRACTOR may assign its rights and obligations hereunder in the event of a change of control or sale of all or substantially all of its assets related to this Contract, whether by merger, reorganization, operation of law, or otherwise. Should Assignee be a business or entity with whom STATE is prohibited from conducting business, STATE shall have the right to terminate in accordance with the Termination for Cause section of this Contract.

CONTRACTOR may enter subcontracts provided that any subcontract acknowledges the binding nature of this Contract and incorporates this Contract, including any attachments.

CONTRACTOR is solely responsible for the performance of any subcontractor with whom CONTRACTOR contracts. CONTRACTOR does not have authority to contract for or incur obligations on behalf of STATE.

15.SPOLIATION- PRESERVATION OF EVIDENCE

CONTRACTOR shall promptly notify STATE of all potential claims that arise or result from this Contract. CONTRACTOR shall also take all reasonable steps to preserve all physical evidence and information that may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and grants to STATE the opportunity to review and inspect such evidence, including the scene of an accident.

16. MERGER AND MODIFICATION, CONFLICT IN DOCUMENTS

This Contract, including the following documents, constitutes the entire agreement between the Parties. There are no understandings, agreements, or representations, oral or written, not specified within this Contract. This Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by both Parties.

Notwithstanding anything herein to the contrary, in the event of any inconsistency or conflict among the documents making up this Contract, the documents must control in this order of precedence:

a. The terms of this Contract as may be amended;

b. STATE's Solicitation Amendment #1 to Request for Proposal ("RFP") number 125.8-23-

086 dated 01/01/2024 ,

c. STATE's Request for Proposal ("RFP") number 125.8-23-086, dated 12/20/23

CONTRACTOR's proposal dated January 9, 2024 in response to RFP number 125.8-23- 086.

d. All terms and conditions contained in any automated end-user agreements (e.g., click throughs, shrink wrap, or browse wrap) are specifically excluded and null and void, and shall not alter the terms of this Contract.

Jessica Aga State Procurement Officer

3/4/2024 lntoxi01eter!i Experience • Service • Integrity

Section 3 Screening Device Requirements and Specifications

Screening Device Requirements: The design of the unit shall use state-of-the-art technology and also meet the following requirements.

1. Be approved by the United States National Highway Traffic Safety Administration for inclusion on their current Conforming Products List (CPL) of Evidential Breath Alcohol Measurement Devices.

lntoximeters' Response: We comply. Please see Attachment A for a copy of the Conforming Products List showing the inclusion of the Alco-Sensor FST.

2. Operate exclusively on an electrochemical fuel cell to detect and measure the concentration of alcohol vapor in expired breath .

lntoximeters' Response: We comply. The FST contains a genuine lntoximeters electrochemical fuel cell sensor which generates an electronic response that is proportional to the Breath Alcohol Concentration in the provided breath sample.

3. Have a lighted digital display showing 3 places to the right of the decimal point.

lntoximeters' Response: We comply.

4. Operate by means of a push button to collect passive air samples, breath samples and to calibrate the units.

lntoximeters' Response: We comply.

5. Include individually wrapped disposable mouth pieces (normally packaged in packs of 25) , and mouth piece adapters, if needed, for calibration with wet bath method and dry gas method.

lntoximeters' Response: We comply. 25 mouthpieces are included with each instrument. There are no adapters necessary for calibration purposes.

6. Include all manuals, including an operator manual (electronic format is acceptable).

lntoximeters' Response: We comply. An e-manual as well as web-based interactive training is provided with the FST.

7. Include a sturdy carrying case.

lntoximeters' Response: We comply. A hard case is provided with compartments and space for the FST, several mouthpieces, spare batteries and two passive cups.

2081 Craig Road I St. Louis, Missouri 63146 I P + 1 314 429 4000 I F + 1 314 429 4170 I www.intox.com

EXHIBIT A

SCOPE OF WORK

lntoxianeter!i

Section 3 Screening Device Requirements and Specifications (cont.)

Screening Device Specifications: At a minimum the screening devices shall include the following specifications.

1. Environmental: 5 to 120 degrees Fahrenheit.

lntoximeters' Response: We comply. The Alco-Sensor FST is designed with enhanced resistance to extreme temperatures.

2. Alcohol Detection: Shall be unaffected by acetone, paint and glue fumes, foods and all non-alcoholic substances at levels found in human breath.

lntoximeters' Response: We comply. The genuine lntoximeters electrochemical fuel cell sensor generates an electronic response that is proportional to the Breath Alcohol Concentration in the provided breath sample. The fuel cell sensor is specific for alcohol in the human breath and does not respond to acetone or other substances that can be found in human breath.

3. Measurement Range: From 0.000 to at least 0.400% blood alcohol concentration or grams of alcohol per 210 liters of breath.

lntoximeters' Response: We comply. The standard range of detection for the FST is .000 - .440 BrAC.

4. Power Supply: The unit will operate on alkaline batteries. An indicator will show low battery.

lntoximeters' Response: We comply. The FST operates using two (2) AA batteries which will provide1 ,500+ tests. There is a low battery indicator.

5. Operation: Air tests, subject tests, calibration checks and adjustments shall be done with the button(s) on the unit. Unit must have both wet bath and dry gas calibration method capabilities.

lntoximeters' Response: We comply. An e-manual and web-based interactive training is provided to ensure the calibration checks and adjustments are done correctly.

6. Response time of the detector: Reset following a sample shall be less than 3 minutes.

lntoximeters' Response: We comply.

7. Safety in Use: Explanation of the screening devices safety features to ensure the officer's safety while using the device. (i.e.: can the unit be confused with a weapon , can an officer use the device with one hand , does the operation of the device enable the officer to retain a safe distance from the subject in order to keep their weapon side away from the subject, etc.)

2081 Craig Road I St. Louis, Missouri 63146 I P +1314429 4000 I F +1314429 4170 I www.intox.com lntoxi1neter!i

Section 3 Screening Device Requirements and Specifications (cont.)

lntoximeters' Response: The Alco-Sensor FST comes equipped with a bright yellow sure-grip sleeve which not only eliminates the confusion with a weapon , but is embedded with magnets on each side which strongly adhere to ferrous metal surfaces, such as a car, to prevent instrument loss during the heat of an arrest. The FST is designed with a rear-facing, backlit LCD display which can be used either left- or right-handed which allows the operator to view the instrument's display while remaining in control of the subject and monitoring the surrounding environment.

lntoxi1neter!i

Section 4 Federal Requirements

The Alco-Sensor FST is NHTSA (US DOT) approved for evidential use as a breath alcohol testing instrument. Please see Attachment A for a copy of the NHTSA listing for approved instruments (Conforming Products List) and Attachment B for our NHTSA approval letter.

2081 Craig Road I St. Louis, Missouri 63146 I P +1 314 429 4000 I F +1 314 429 4170 I www.intox.com lntoxianeter!i

Section 5 Delivery and Service Requirements

A. The OAG and other governmental entities will place orders by issuance of a purchase order or use of a government purchasing credit card. Please confirm the contractor's acceptance of a purchasing card without passing the processing fees for the purchase card back to the Purchasing Agency or Entity. Delivery of orders is expected 30 days after receipt of order.

lntoximeters' Response: We comply. lntoximeters will accept a purchasing card without passing the processing fees for the purchase card back to the Purchasing Agency or Entity. Delivery of orders will be made within 30 days after receipt of order.

B. Training - Each screening device must include an online training course. The training material must include instructions on measuring air samples and breath samples . It shall include proper calibration with wet bath method and dry gas method. A certificate for the completion of the training shall be generated after the completion of the training course. The certificate for the training must include the trainee's name, agency, certificate number, and date of training completion.

A copy of the training certificate will be automatically emailed to the laboratory upon completion of the course to a specific laboratory email address.

lntoximeters' Response: We comply. The Alco-Sensor FST comes complete with an e-manual , quick-start guide, and web-based interactive training .

C. Warranty - Vendors shall include in their proposal the warranty period and the scope of what is covered during the warranty period. If vendors offer extended warranties they should include the price of the extended warranty on a separate line and the scope of the extended warranty.

Vendors must also include their procedures for issuing a new or replacement screening device, if it is under warranty and if it will be out of service for an extended period of time.

lntoximeters' Response: We comply. lntoximeters standard warranty is one (1) year parts and labor. Each instrument will have an additional one ( 1) year warranty, including parts and labor, at no additional charge (2 years total). Please see details in Attachment C lntoximeters Warranty and Service.

D. Service - The State requires service for up to five (5) years after receipt of the screening devices. Vendors shall describe how the State will receive service on the devices for up to five (5) years.

Vendors must also indicate in the proposal the average number of days required to perform repairs on the screening device.

lntoximeters' Response: We comply. Please see details in Attachment C lntoximeters Warranty and Service.

E. Sales Support and Customer Service - Vendors must provide information specific to their sales and customer support services. Including how their firm tracks and resolves sales support and customer service questions, requests , problems, product issues, etc.

lntoxi1neters

Section 5 Delivery and Service Requirements (cont.)

lntoximeters' Response: We comply. There is a dedicated sales and service agent available for questions anytime as well as separate technical and customer service departments available Monday-Friday from 8am-5pm who can be reached by phone (1-800-451-8639) or email (sales@intox.com).

2081 Craig Road I St. Louis, Missouri 63146 I P +1 314 429 4000 I F +1314429 4170 I www.intox.com lntoxi01eter!i Experience • Service• Integrity

Section 6 Experience and Qualifications

Offerors must meet the following experience and qualifications mandatory requirements:

The screening devices must be a Commercial off-the-shelf solution that has been commercially available for a minimum of two (2) years, and has been successfully used for a minimum of three (3) customers.

lntoximeters' Response: We comply. The Alco-Sensor FST has been available for 18 years and used by hundreds of agencies around the world.

Offeror must have performed similar work for a comparably sized government entity within the previous two (2) years .

lntoximeters' Response: We comply. In addition to working with the State of North Dakota over the past 10 years, lntoximeters has successfully fulfilled and maintained contracts in every state in the union and over 60 countries.

A. PRIOR EXPERIENCE

Describe the experience and qualifications the offeror has in producing, marketing and servicing alcohol screening devices.

lntoximeters' Response: lntoximeters Inc., the oldest company in the breath alcohol testing business, has been manufacturing and selling breath alcohol testing instruments and supplies for more than 75 years. About two thirds of our business is derived from Law Enforcement and Workplace sales from the United States while the other third of our business comes from countries around the world. We estimate that there are over 300,000 of our hand-held instruments in use around the world.

B. CPL LIST

An offeror must provide proof that they are listed on the current United States National Highway Traffic Safety Administration Conforming Products List (CPL) of Evidential Breath Alcohol Measurement Devices.

lntoximeters' Response: Please see Attachments A and B.

C.REFERENCES

Provide two (2) references of agencies that have used the screening devices, with at least one (1) of the references being an agency that has used the screening devices in areas that are comparable to North Dakota weather. References must include the name of agency, name of contact person, address, email , and telephone number. Offerors are instructed to notify the reference that the STATE may be contacting them. An offeror's failure to provide two (2) references will cause its proposal to be considered non responsive and its proposal will be rejected. Offerors may also provide letters of reference from previous clients .

2081 Craig Road I St. Louis, Missouri 63146 I P + 1 314 429 4000 I F + 1 314 429 4170 I www.intox.com lntoxi01eters

Section 6 Experience and Qualifications {cont.)

lntoximeters' Response:

Royal Canadian Mounted Police Benny K. Wong Program Manager, Toxicology Services Forensic Science and Identification Services Benny.Wong@rcmp-grc.gc.ca Ph. 613-993-0557

Wisconsin Department of Public Safety Melissa Kimball 3502 Kinsman Boulevard Madison, WI 53707 Melissa.Kimball@dot.wi.gov Ph. (262) 785-4700 ext 2040

2081 Craig Road I St. Louis, Missouri 63146 I P +1314429 4000 I F +1 314 429 4170 I www.intox.com

RFP No. 125.8-23-086

EXHIBIT B

COST PROPOSAL

Price for screening device:

Including: screening device, all accessories, warranty, and service agreement listed in section 3 of this RFP

Cost:

Price for Consumables:

Item: (i.e.: individually wrapped disposable mouthpieces, adapters, etc.)

Cost:

Price for Additional/Replacement Accessories:

Item: (i.e.: carrying case, wrist strap, etc.) Cost:

Alco-Sensor FST, Part # 40-2010-12

FST Passive Sample Cups, Part # 23-0130-00

FST Mouthpieces, Part # 23-0120-00

FST Drink Sniffer, Part # 23-0190-00

Dry Gas Standard, 108L (.082)C, Part # 22-0080-01

Dry Gas Regulator, 6LPM, Part # 22-0640-00

Carrying Case, Part # 29-0630-00

Wrist Strap, Part # 27-0825-00

Extended Warranty, Part # 90-6085-00

0.25

Yellow Sure-Grip Sleeve for Alco-Sensor FST, Part # 27-9818-50 9.75

0.75

0.50

134.50

399.00

25.00

2.50

18.75

165.00

Intoximeters Inc

RFP No. 125.8-23-086

Prompt Payment and other Discounts (Not to be considered in cost evaluation – see Section 5.3)

Description of Discount: Amount of Discount:

None 0.00