Event 000872 RFP Drug _ Alcohil Testing OCCC.pdf

Drug and Alcohol Testing

Request for Proposal (RFP) Event 000872

Distributed by:

Oakland County Procurement Division 2100 Pontiac Lake Road, Bldg. 41W

Waterford, MI 48328

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E v e n t # 8 7 2

Table of Contents

Table of Contents Section 1.0: Scope of Work and Bidder Proposals

1.1 Introduction

1.2 Solicitation Timeline

1.3 Scope of Services

1.4 Qualifications

Section 2.0: Bidder Information and Acceptance

2.1 Bidder Profile

2.2 References

2.3 Certificate of Compliance with Public Act of 517 of 2012

Section 3.0: Bidding, Evaluation, Selection, & Award Process

3.1 Oakland County Responsibility

3.2 Truth and Accuracy of Representations

3.3 Bidders Questions

3.4 Preparation of the Proposal

3.5 Adherence to Mandatory Requirements (Pass/Fail)

3.6 Evaluation Process

3.7 Evaluation Criteria and Award

3.8 Optional Tools to Enhance Evaluation Process

3.9 Oakland County Option to Reject Proposals

3.10 Freedom of Information Act

3.11 Contacts with Oakland County Personnel

3.12 Final Agreement Award Determination

3.13 Changes and Addenda to Proposal Documents

3.14 Reservation of Rights

3.15 Withdrawal of Proposal

3.16 Cancellation

Section 4.0: General Terms & Conditions

4.1 Gifts/Gratuities

4.2 Interests of Bidder and County

4.3 Indemnification and Hold Harmless

4.4 Taxes & Payment Terms

4.5 Equal Employment Opportunity

4.6 Nondiscrimination

4.7 Governing Law and Venue

4.8 Compliance with Laws and Regulations

4.9 Advertising

Attachment A – Pricing Sheet Attachment B – Professional Services Terms and Conditions Template

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Section 1.0: Scope of Work and Bidder Proposals

1.1 Introduction

The Oakland County Procurement Division, on behalf of the Sixth Circuit Court, is requesting proposals for a randomized drug testing and observed drug and alcohol testing program for the Oakland County Circuit Adult Treatment Courts, Juvenile Treatment Courts, and Juvenile Probation Programs. Oakland County is seeking testing sites in multiple locations throughout Oakland County and may select more than one vendor based on location. The successful Contractor(s) will enter into a one-year HIPAA Professional Services Contract with the ability to extend for four (4) additional one-year periods. The County is seeking the most efficient and economical solution to meet our needs. The purpose of this competitive Request for Proposal (RFP) is to promote and ensure the fairest, most efficient means to obtain the best value to Oakland County shall be assessed in accordance with the established evaluation criteria outlined in this RFP.

Oakland County, Michigan is in southeast Michigan, immediately north of the City of Detroit. The County covers 910 square miles and encompasses 62 cities, villages and townships (CVTs).

Located astride the Interstate 75 corridor and at the heart of “Automation Alley”, Oakland County is a world technology center. Oakland County’s population is approximately 1.2 million, encompasses 545,000 parcels of property, and features one of the lowest operating tax rates in the state of Michigan. Oakland County is one of the few counties in the nation with a AAA bond rating.

Additional information can be found on Oakland County’s website.

Oakland County’s juvenile court, juvenile treatment courts and adult treatment courts are part of the Sixth Judicial Circuit Court. The purpose of these courts is to provide alternatives to incarceration while striving to rehabilitate.

This RFP is not a contractual offer or commitment to purchase services. Proposals must conform to the procedures, format, and content requirements outlined in this document. Significant deviations or failure to submit required information may be grounds for disqualification. Oakland County reserves the right to waive, at its discretion, any irregularity or informality that Oakland County deems correctable or otherwise not warranting rejection of the RFP.

1.2 Solicitation Timeline

Activity Date Request for Proposal Released 3/18/2025 at 2:00PM EST

Optional Pre-Bid Conference Call N/A

Requests for Clarification Due 04/01/2025 at 5:00PM EST

Bidder Q&A Provided 04/04/2025 at 5:00PM EST

Proposals Due 04/18/2025 at 4:30PM EST

Proposals for this Request for Proposal are due on 04/18/2025 at 4:30PM EST.

All documentation for this event is available on the Michigan Inter-governmental Trade Network (MITN). Bidders are to register as a Supplier on the MITN website. If help is needed, call the MITN help line 800-835-4603.

http://www.oakgov.com/ https://www.bidnetdirect.com/mitn/oakland-county https://www.bidnetdirect.com/mitn/oakland-county

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The primary contact for this RFP is Aaron Wagner. Specific requests for clarification must be submitted before 04/01/2025 @ 5:00PM EST. All questions should be submitted in MITN and will be answered in the form of an addendum to the RFP.

It is the responsibility of the Bidder to check the MITN website for addendums.

1.3 Scope of Services

The Scope of Services for this Proposal is to solely represent the interests of the Circuit Courts of Oakland County.

A. The Bidder(s) will be responsible for services including, but not limited to:

Conduct approximately 2000 or more observed tests per year.

Provide all specimen collection containers and testing supplies.

Conduct standard breathalyzer testing (PBT alcohol testing) with each screen.

Conduct screens/tests/confirmations as specified in Testing Procedures.

Provide the Court with monthly invoices for services rendered (within 30 days of service).

• Based on an agreed schedule of fees and per Billing Procedures.

E-mail a weekly report to Court personnel which includes all of the results of the previous week.

• This is to be received by noon on Monday.

Contractor to provide the following services:

A. Provide a randomized frequency testing program, testing defendants as specified in Testing Procedures. The system must ensure that defendants are being screened randomly. The system will have multiple groupings to represent different frequencies of testing set by the Court.

The Court will:

1. Provide contractor with written referral information including the frequency of random testing to be provided for each client.

2. Notify vendor if new frequency is requested or if special testing is requested on a client. (I.e. not scheduled, or for other substances such as MDMA, etc.).

The Contractor will:

1. Provide a method for defendants to identify if they are scheduled to screen on a daily basis.

2. Provide a website so that court personnel can check screening/confirmation results.

3. Will maintain collection site(s) throughout Oakland County, where clients will report for screening. The collection site will be chosen based on accessibility to Court clients and roughly corresponding to a North/South/East/West geographic distribution.

a. Sites will have the capacity to provide services to both males and

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b. Contractor will provide the Court with 30 days’ notice prior to changing a collection site.

c. Contractor services will be available for morning and evening hours

Monday through Friday. Contractor must also offer testing availability on Holidays and weekends.

TESTING PROCEDURES

All clients referred to Contractor will receive test services as identified per contractual agreement. Contractor will also include an ethanol (alcohol) screen.

The Court may request a customized panel as needed.

Contractor staff will OBSERVE/WITNESS all urine collection of both males and females (juveniles will be observed by same gender only) and will provide a written report of any attempts by clients to tamper with procedures to the court representative/probation officer by the end of the same business day.

Contractor staff will provide a validity test for adulterants and/or creatinine levels of each sample. All samples will be tested for adulteration and creatinine levels. Evidence of adulteration will be treated as a positive test result and contractor will provide a written report to court representative/probation officer of any adulterated screens by the end of the same business day.

If defendant screens positive, and

1) Admits use, contractor will provide and explain an “Admit to Use” form which the defendant signs. Contractor will provide the signed form to the probation officer by the end of the same business day. Contractor will preserve the sample for 7 days, in the event that the court requests confirmation testing.

2) Denies use, contractor will provide and explain a “Denial Form” which the defendant signs. Contractor will provide the signed form to the probation officer by the end of the same business day. Upon request of court representative/probation officer, the sample must be sent within 24 hours for confirmation either through an in-house analyzer or a SAMHSA/CLIA certified laboratory (whichever is applicable). All confirmations will be completed with

GC/MS.

Contractor must notify court representative/probation officer of a “no show” or positive screen by the end of the same business day.

Contractor will provide notification of positive results to court representative/probation officer by the end of the same business day. All other results will be e-mailed to court representative/probation officer by noon on the following Monday and included within the weekly report provided by contractor. If results from a contracted lab are pending, contractor will track these results and provide them to court representative/probation officer as soon as they are available.

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Drug screens will meet SAMHSA cut-off guidelines

Drug confirmation cut off levels will meet SAMHSA guidelines

BILLING PROCEDURES

Contractor will provide a detailed monthly invoice to the Court within 30 days. This invoice will include:

• The name and case number of the Court participant tested.

• Test date

• Type of screen administered and cost of screen and/or confirmation.

o Costs must be broken down by type of screen.

• Test results

• Provide a separate invoice for each Program identified by the court.

B. Additional Requirements.

1. Provide what drug testing panels are available and the cost for each.

2. Provide the cutoff levels for each drug in the initial drug screen and confirmation.

3. Provide a yearly breakdown of price for each of the items listed below.

a. Drug testing panels

b. Breathalyzer Testing/PBT alcohol testing

c. Confirmation testing either through an in-house analyzer, SAMHSA or CLIA certified laboratory (per test)

d. Specialty screens (MDMA, Ecstasy, Spice, etc.)

e. Oral fluid testing

4. Confirm all initial drug screens are observed per testing procedures.

5. Provide detailed description of contractor’s “randomized frequency testing program.”

6. Provide a sample invoice.

7. Provide a sample weekly report.

8. Provide a sample admit to use/denial form.

9. Provide an example of a positive result report and tampered/adulterated report

• List test collection site(s) available; include site name, address, phone number and contact person.

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10. The proposals must include on the firm’s letterhead their Equal Employment Opportunity (EEO) Affirmative Action policy, a description of their Diversity, Equity, and Inclusion efforts, and the organizations’ s pro bono activities.

11. Bidder must submit a Certificate of Good Standing from the State in which its business is domiciled or certify that it is not required to obtain such a certificate or otherwise register with that State. If the Bidder is domiciled outside of Michigan, Bidder will also be required to submit a Certificate of Good Standing from the State of Michigan or certify on its Business Information Questionnaire that it is not required to obtain such a certificate or otherwise register with the State of Michigan.

Information regarding how to obtain a Certificate of Good Standing from the State of Michigan may be found here.

12. The proposal must include a description of the Bidder’s demonstrated efforts in sustainability, including but not limited to greenhouse gas reduction goals, decarbonization, environmental social and governance (ESG) goals, corporate social responsibility (CSR) goals, or similar sustainable accounting frameworks, and other sustainable purchasing and procurement practices and attach as an Appendix if a formal policy is in effect.

1.4 Qualifications

Minimum Qualifications

Proposals will only be accepted by the County from Bidders that possess:

A. Bidder must be an accredited drug testing organization with use of CLIA or SAMHSA certified lab in-house or contracted laboratory facilities.

B. Bidder must provide proof of valid certifications of staff.

C. Confirm laboratory utilizes GC/MS (Gas Chromatography-Mass Spectrometry) as their method for confirmations.

https://www.michigan.gov/difs/industry/licensing-ins/tpa/licensed/certificate-of-good-standing-duplicate-certificate-of-authority

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Section 2.0: Bidder Information and Acceptance

1. The undersigned declares that the Bid Documents, including, without limitation, any RFP Addenda, and Exhibits have been read.

2. The undersigned is authorized, offers, and agrees to furnish the articles and/or services specified in accordance with the Specifications, Terms & Conditions of the Bid Documents.

3. The undersigned has reviewed the Bid Documents and fully understands the requirements in this Bid and that each Bidder who is awarded a contract shall be, in fact, a Prime Contractor, not a subcontractor, and agrees that its Proposal, if accepted by Oakland County, will be the basis for the Bidder to enter into a contract with the County in accordance with the intent of the Bid Documents.

4. The undersigned acknowledges receipt and acceptance of all addenda.

5. The undersigned agrees to the terms, conditions, certifications, and requirements listed in Section 2.

6. The undersigned acknowledges that Bidder will be in good standing in the State of Michigan, with all the necessary licenses, permits, certifications, approvals, and authorizations necessary to perform all obligations in connection with this RFP and associated Bid Documents.

7. It is the responsibility of each Bidder to be familiar with all of the specifications, terms and conditions of this RFP and, if applicable, the site condition. By the submission of a Proposal, the Bidder certifies that if awarded a contract they will make no claim against Oakland County based upon ignorance of conditions or misunderstanding of the specifications.

8. Insurance certificates are not required at the time of the proposal submission.

However, if awarded, the Bidder acknowledges and agrees to provide the minimum insurance requirements identified in the terms and conditions of the attached sample Professional Services Contract (Attachment A).

9. This is an electronic solicitation. Only responses uploaded into MITN/Bidnet will be considered. Emailed documents will not be accepted or reviewed.

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2.1 Bidder Profile

Official Name of Bidder: Type of Entity/Organization (check one):

☐ Corporation

☐ Joint Venture

☐ Limited Liability Partnership

☐ Partnership

☐ Limited Liability Corporation

☐ Non-Profit / Church

☐ Other:

Street Address:

City:

State: Zip Code:

Website:

Primary Contact Name:

Primary Contact Phone Number

Primary Contact Email Address:

Federal Tax ID Number: Dun & Bradstreet (D&B) Number (if applicable):

Has your company ever been debarred by the Federal Government? ☐ Yes ☐ No

If yes, when? Has it been lifted and if so, when?

Has your company ever been debarred by any State or local ☐ Yes ☐ No Governments?

If yes, has it been lifted and if so, when?

Is your company a minority owned, woman owned, LGBTQ owned or veteran owned business?

Is your company a certified diverse business?

The individual below is authorized to sign on behalf of the company submitting this proposal.

Proposals must be signed by an official authorized to bind the provider to its provisions for a period of at least 90 days.

Signature:

Name and Title of Signer:

Date:

*Please include a current W-9

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2.2 References

1. Provide the names and telephone numbers and e-mail addresses of at least three (3) persons representing Bidder for whom the Bidder has performed work similar to that proposed, and who may be contacted as references. Preferably, these references should include Municipalities or Utilities similar to the County and should include the types of recent projects cited above.

2. Provide a List of any contracts which have been terminated, including the circumstances surrounding the termination. Provide the name and telephone number of your client's representatives of any such contracts.

3. List all legal proceedings, lawsuits, or claims which have been filed against any of

Bidder’s past or present employees within the last five (5) years. Indicate circumstance where you paid all or part of the claim.

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2.3 Certificate of Compliance with Public Act of 517 of 2012

I certify that neither (Bidder), nor any of its successors, parent companies, subsidiaries, or companies under common control, are an “Iran Linked Business” engaged in investment activities of $20,000,000.00 or more with the energy sector of Iran, within the meaning of Michigan Public Act 517 of 2012. In the event it is awarded Contract as a result of this Invitation to Proposal, Bidder will not become an “Iran linked business” during the course of performing the work under the Contract.

NOTE: IF A PERSON OR ENTITY FALSELY CERTIFIES THAT IT IS NOT AN IRAN LINKED

BUSINESS AS DEFINED BY PUBLIC ACT 517 OF 2012, IT WILL BE RESPONSIBLE FOR

CIVIL PENALTIES OF NOT MORE THAN $250,000.00 OR TWO TIMES THE AMOUNT OF

THE CONTRACT FOR WHICH THE FALSE CERTIFICATION WAS MADE, WHICHEVER IS

GREATER, PLUS COSTS AND REASONABLE ATTORNEY FEES INCURRED, AS MORE

FULLY SET FORTH IN SECTION 5 OF ACT NO. 517, PUBLIC ACTS OF 2012.

Name of Company:

By:

Title:

Date:

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Section 3.0: Bidding, Evaluation, Selection, & Award Process

3.1 Oakland County Responsibility

Oakland County is not responsible for representations made by any of its officers or employees prior to the execution of the Professional Services Agreement unless such understanding or representation is included in the Professional Services Agreement.

3.2 Truth and Accuracy of Representations

False, misleading, incomplete, or deceptively unresponsive statements in connection with a proposal shall be sufficient cause for rejection of the proposal. The evaluation and determination in this area shall be at the Oakland County Chief Procurement Officer’s sole judgment and their judgment shall be final.

3.3 Bidders Questions

Bidders may submit written questions regarding this RFP in MITN. All questions must be received by the date and time specified in the timeline above in 1.2. All questions, without identifying the bidder, will be compiled with the appropriate answers and issued as an addendum to the RFP

When submitting questions please specify the RFP section and paragraph number and quote the language that prompted the question. This will ensure that the question can be quickly found in the RFP. The County reserves the right to group similar questions when providing answers.

Oakland County may modify the RFP at any time during the bid process. All changes to the RFP will be posted as an addendum under the Bid number, each posting officially revises the

RFP.

3.4 Preparation of the Proposal

Each Bidder must submit a complete proposal in response to this RFP. The proposal must remain valid for at least 120 days from the closing date for responses to this RFP.

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3.5 Adherence to Mandatory Requirements (Pass/Fail)

Oakland County Chief Procurement Officer or their designee shall review the Proposal and determine if the Bidder meets the minimum requirements as outlined in this RFP.

Failure of the Bidder to comply with the minimum mandatory requirements may eliminate its proposal from any further consideration. Oakland County may elect to waive any informality in a proposal if the sum and substance of the proposal are present.

3.6 Evaluation Process

All proposals will be reviewed for compliance with the mandatory requirements stated within this RFP. Proposals not meeting the mandatory requirements will be deemed non-responsive and eliminated from further consideration. Oakland County reserves the right to withdraw the RFP to award one respondent, or to any combination of Respondents, by item, group of items, or total response. Oakland County may elect to waive any informality in a proposal if the sum and substance of the proposal are present. Oakland County may contact the Bidder for clarification of the Bidder’s Proposal. Oakland County may use other sources of information to perform the evaluation. Oakland County may require the Bidder to submit additional and/or supporting materials.

Responsive proposals will be evaluated on the factors identified in this RFP. The Bidder(s) whose proposal is most advantageous to the Oakland County, taking into consideration the evaluation factors, will be recommended for award approval.

After prospective Bidder(s) have been selected, Oakland County and the prospective Bidder(s) will negotiate an Agreement. If a satisfactory Agreement cannot be negotiated, Oakland County may, at its sole discretion, begin negotiations with the next qualified bidder who submitted a proposal.

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3.7 Evaluation Criteria and Award

An evaluation committee at the County will evaluate each Bidder’s proposal to determine if the Bidder meets the qualification criteria and if the technical specifications in the proposal are acceptable. The evaluation committee, at its discretion, will recommend Bidder(s) for award of an Agreement. The agreement(s) will be awarded to the qualified Bidder(s) whose proposal is most advantageous to the County, based upon the following evaluation criteria:

EVALUATION CRITERIA MAXIMUM POINTS

Proposal (Section 1) 45 Bidder Profile (Section 2.1) 15 References (Section 2.2) 10 Price Proposal (Attachment A) 30

TOTAL 100

The final award, when made, will be awarded to the Bidder determined by Oakland County, at its discretion, to have submitted the best proposal, taking into consideration the Bidder’s qualifications, proposed program of services and the cost thereof.

The successful Bidder shall commence work only after the transmittal of a fully executed contract and after receiving written notification to proceed from Oakland County. Failure of the successful Bidder to accept these obligations may result in cancellation of the award.

3.8 Optional Tools to Enhance Evaluation Process

Oakland County during the evaluation of proposals may find it necessary to utilize one or multiple tools, as listed below, to facilitate their understanding of the proposal(s) in order to select the best offering to Oakland County:

• Clarifications

• Deficiency Report

• Oral Presentation

• Site Visit

• Best and Final Offer (BAFO)

• Negotiations

3.9 Oakland County Option to Reject Proposals

Oakland County may, in its sole and absolute discretion, reject any or all proposals submitted in response to this RFP. The County shall not be liable for any costs incurred by the Bidder in connection with the preparation and submission of any proposal. Oakland County reserves the right to waive inconsequential disparities in a submitted proposal.

3.10 Freedom of Information Act

All information submitted to Oakland County by the Bidder is subject to the Michigan Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231, et seq.

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3.11 Contacts with Oakland County Personnel

All contact with Oakland County regarding this RFP or any matter relating thereto must be in e-mail to the primary Procurement contact listed above in 1.2.Error! Reference source not found.If it is discovered that a Bidder contacted and received information regarding this RFP from any Oakland County personnel other than the Procurement Contact, Oakland County, in its sole discretion, may disqualify its proposal from further consideration. Only those communications made by Oakland County Procurement in writing will be binding with respect to this RFP.

3.12 Final Agreement Award Determination

Oakland County reserves the right to make one total award, multiple awards, or a combination of awards, and to exercise its judgment concerning the selection of one or more proposals, the terms of any resultant agreement, and the determination of which, if any, proposal best serves the interests of Oakland County.

3.13 Changes and Addenda to Proposal Documents

Each change or addendum issued in relation to this RFP will be online and on file in the Procurement Office. It is the Bidder’s responsibility to acquire knowledge of any changes, modifications or additions to the authorized version of the RFP. No award will be made to any Bidder who fails to submit the Addendum Signature Page(s), if applicable.

3.14 Reservation of Rights

Oakland County reserves the right to reject any and all proposals, to negotiate the terms and conditions of all and any part of the proposals, to waive irregularities and/or formalities, and in general to make award in the manner as determined to be in the County’s best interest and its sole discretion.

Oakland County reserves the right to modify this RFP at any time prior to the due date, or to extend the due date, or to cancel this RFP at any time. Oakland County further reserves the right to reject any and all proposals in whole or in part for good cause when in the best interests of the County. Oakland County shall not be liable for any costs incurred by the Bidder in connection with the preparation and submission of any proposal.

3.15 Withdrawal of Proposal

Proposals may be withdrawn in person by a Bidder, or authorized representative, provided their identity is made known and a receipt is signed for the RFP but only if the withdrawal is made prior to the stated Proposal deadline. No proposal may be withdrawn for at least 90 days after the submission deadline except the successful Bidder whose prices shall remain firm for the entire contract period. In case of error by the Bidder in making up a proposal, the Chief Procurement Officer may, in their sole discretion, reject such a proposal upon presentation of a letter by the Bidder which sets forth the error, the cause thereof, and sufficient evidence to

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3.16 Cancellation

The RFP may be cancelled or any or all proposals may be rejected in whole or in part as may be specified in the RFP, when it is in the best interest of the County.

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Section 4.0: General Terms & Conditions

4.1 Gifts/Gratuities

Consistent with State law and the County adopted Standards of Conduct, Elected Officials, Department Heads, and/or County Employees will not be offered or entitled to earn or receive personal gifts, gratuities, credits or other benefits of economic value by reason of their official business.

4.2 Interests of Bidder and County

The bidder assures that they have no interests which would conflict with the performance of services required by the Contract, if awarded. The Bidder also assures that, in the performance of a Contract, no officer, agents, employee of the County, or member of its governing bodies, may participate in any decision relating to the Contract which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested or has any personal or pecuniary interest. However, this paragraph does not apply where specifically exempt under Michigan Law.

4.3 Indemnification and Hold Harmless

The bidder shall, at its own expense, protect, defend, indemnify and hold harmless Oakland County, its elected and appointed officers, employees and agents from all claims, damages (including but not limited to direct, indirect, incidental, consequential, special and punitive damages), costs, lawsuits and expenses including, but not limited to, all costs from administrative proceedings, court costs, and attorney fees, that they may incur as a result of any acts, omissions or negligence of the selected firm, its employees or agents or its subcontractors of sub-subcontractors, or any of their officers, employees or agents which may arise out of the contract.

The bidder’s indemnification responsibilities shall include the sum of damages, costs and expenses which are in excess of the sum paid out on behalf of or reimbursed to Oakland County or its elected and appointed officers, employees, or agents by the insurance coverage obtained and/or maintained by the selected firm pursuant to the requirements of this RFP/Q and the contract entered into.

4.4 Taxes & Payment Terms

Oakland County is exempt from Federal Excise and State Sales Tax. Bidder is required to pay all applicable taxes lawfully assessed in connection with its performance of the awarded Contract.

4.5 Equal Employment Opportunity

The bidder and its subcontractors, as required by law, shall not discriminate against the employee or applicant for employment with the respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly relates to employment, because of race, color, religion, national origin, age, sex, disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. Breach of this covenant may be regarded as a material breach of the awarded Contract.

The Bidder agrees to post notices containing this policy against discrimination in conspicuous places

P a g e 18 | 18 available to applicants for employment and employees. All solicitations or advertisements for employees, placed by or on the behalf of a Contract, if awarded, will state that all qualified applicants will receive consideration for employment without regard to race, color, sex, national origin, disability, age, height, weight, marital status and religion.

4.6 Nondiscrimination

The Bidder, its contractors and subcontractors, as required by law, shall not discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, disability that is unrelated to the individual’s ability to perform the duties of a particular job or position, height, weight, or marital status. Breach of this Section shall be regarded as a material breach of the contract.

4.7 Governing Law and Venue

The Bidder shall be governed by the laws of the State of Michigan. In the event any actions arising under a Contract, resulting from this solicitation, are brought by or against the County of Oakland, the venue for such actions shall be established in accordance with the statutes of the State of Michigan and/or Michigan Court Rules. In the event that any action is brought under the Contract in Federal Court, the venue for such action shall be the Federal Judicial District of Michigan, Eastern District, Southern Division.

4.8 Compliance with Laws and Regulations

The Bidder shall render the services required by this RFP in complete compliance with all applicable Federal, State and local laws, ordinances, rules and regulations.

4.9 Advertising

The Bidder shall not advertise, issue a press release or otherwise publish information concerning this solicitation or contract without prior written consent of the County. The County shall not unreasonably withhold permission.