Final_RFQ_525_2200000116_1_SO_FORM.PDF

Document ID: RFQ 525 2200000116 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: PECC/CLIME/KY Drug Invest/KY Invest, Conference Space

Date Issued:

01/12/2022 Record Date:

2022-01-04

Solicitation Closes Date:

1/26/22 Time:

15:00

Solicitation No:

RFQ 525 2200000116

Online Bidding Prohibited: Yes For Information Call:

Dianne Lee 859-622-8105

Bid Receiving Location:

Department of Criminal Justice Training

4449 Kit Carson Dr

Richmond KY 40475

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFQ 525 2200000116 Page: 2

Line Items

Commodity Group: Default

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

1 Venue and A/V Proposal

Comm Code Comm Description Manufacturer Model # Manuf Part #

97165 Room Rental or Lease for Conferences, Seminars, etc.

Extended Description Venue and A/V Proposal

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

2 Coffee, Soft Drink and Water Service

Comm Code Comm Description Manufacturer Model # Manuf Part #

39091 Water, Drinking (Incl. Distilled, Mineral, Sparkling and Spr

Extended Description Coffee, Soft Drink and Water Service

Shipping Information Department of Criminal Justice Training

4449 Kit Carson Dr

Richmond KY 40475

Billing Information Department of Criminal Justice Training

4449 Kit Carson Dr

Richmond KY 40475

Document ID: RFQ 525 2200000116 Page: 3

Submission Checklist

The following items will be required to be submitted with bid:

Item Price is the measurable criteria for this RFQ

COMMONWEALTH OF KENTUCKY

Justice and Public Safety Cabinet Department of Criminal Justice Training

Attention: Procurement staff 4449 Kit Carson Drive

Richmond, KY 40475

Informal Solicitation for Nonprofessional Services

Please note: The Finance and Administration Cabinet Policy Procedure FAP 110-10-00: General Conditions and Instructions for Solicitations and Contracts is hereby incorporated by reference into this solicitation.

The Web site for entire Policies and Procedure manual: http://finance.ky.gov/ourcabinet/caboff/OOC/ policies.htm

Solicitation Instructions Issue Date 1-12-2022 Due Date for Response: 3:00PM EST 01-26-2022

Return Request For Quotation to the above referenced address.

Terms and Conditions

1. Location of Service: Vendor location must be located within a 40-mile radius from Barren River Lake State Resort Park.

2. Period of Service: from April 1,2022 to December 31,2022. This contract may be extended at the completion of the initial contract period for 1 additional one-year period, dates for 2023 to be provided no later than 11-1-2022.

2.1. April 25, 2022 through April 29, 2022

2.2. September 26, 2022 through September 30, 2022

2.3. October 3,2022 through October 7, 2022 - two venues required for these dates

2.4. October 17, 2022 through October 21, 2022

3. Services provided by Vendor/Contractor/Proprietor: The service provider will provide the following conference services:

3.1. provide handicap accessible conference facilities for 80-100 people

3.1.1. seated at tables

3.1.2. classroom style

3.1.3. socially distanced at least 3 feet.

3.2. The facilities will be clean and ready for use at the beginning of each day, with occupancy being from 7:00 am through 5:30 pm daily.

3.3. Adequate parking and clean, stocked restroom facilities must be readily available.

3.4. If a restaurant is available onsite, the venue must provide a copy of the menu with their proposal. If a restaurant is not available onsite, service provider must submit a list of local restaurants with distance to training venue indicated.

3.5. If housing is available on site, the service provider must provide a room rate with their proposal. If housing is not available on-site, the service provider must provide a list of local hotels with distance to training venue indicated.

Document Description Page 4

2200000116 PECC/CLIME/KY Drug Invest/KY Invest, Conference Space http://finance.ky.gov/ourcabinet/caboff/OOC/policies.htm http://finance.ky.gov/ourcabinet/caboff/OOC/policies.htm

4. Items/Supplies/Equipment provided by Provider: The service Provider will provide the following:

4.1. Daily coffee and water service. If venue is unable to provide this service, outside food and drink must be allowed.

4.2. Audio / Visual equipment for classroom style presentations.

5. Inspection and Acceptance of Services: The agency representative will approve the provider’s invoice before payment is authorized.

6. Invoicing Instructions: The vendor is responsible for submitting an invoice to the agency at the address indicated above on or before the 10th of the month following the month in which the service(s) were rendered.

7. Payment Terms: The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Payments will be made within thirty (30) working days after receipt of goods or a vendor’s accurate invoice in accordance with KRS

45.453 and KRS 45.454.

8. Total cost restriction: Cost of services shall not exceed $20,000 per fiscal year.

9. Taxes: The agency shall furnish the tax exemption number for applicable tax-exempt purchases.

10. Governmental Mandates (Workman’s Compensation, Unemployment Insurance, etc.): The Vendor/Contractor/Proprietor is responsible for compliance with all applicable mandates concerning this agreement. For the purposes of this contract the Vendor/Contractor/ Proprietor is deemed to be an independent agent and is not considered to be an employee of the Commonwealth. This agreement is governed by the laws of the Commonwealth of Kentucky.

11. Modifications to Contract: The agency reserves the right to modify this agreement for the addition or deletion of requirements deemed necessary by the agency with the mutual agreement of both parties; however modifications will not result in the expenditures against this contract exceeding $20,000 per fiscal year.

12. Termination of Contract: This Contract shall be subject to the termination provisions set forth in 200 KAR

5:312.

13. Method of Award: Award will be made to the lowest evaluated responsive, responsible best value offeror. The agency will issue a notification of award accepting the best value offer.

Prompt Payment may be considered in award criteria. The scoring of bids/proposals is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries. See below.

Document Description Page 5

2200000116 PECC/CLIME/KY Drug Invest/KY Invest, Conference Space

14. Basis of Price Quotation: The provider agrees to provide the conference services as requested above for the price of $_____, per session and agrees to payments made within thirty (30) working days after receipt of approved invoice by the agency. Approved invoice means the agency has approved the services provided during the period indicated on the invoice.

15. Validity of Offer: This offer is valid for thirty (30) days and the provider offers *___% ___ Days, Net 30 WD prompt payment discount (i.e.2%10, N30WD).

16. Governing Law: This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this Contract shall be brought in state or federal court in Franklin County, Kentucky.

17. Access to Records: The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.

In the event of a dispute between the contractor and the contracting agency, Attorney General, or the Auditor of Public Accounts over documents that are eligible for production and review, the Finance and Administration Cabinet shall review the dispute and issue a determination, in accordance with Secretary's Order 11-004.

18. Discrimination: Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship.

The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability.

Document Description Page 6

3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

4. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law.

7. The contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The undersigned hereby swears and affirms that he/she has the authority to contract on behalf of the Vendor/Contractor/ Proprietor, and agrees to the terms and conditions contained herein or incorporated by reference herein.

X X Signature (Must be completed by Vendor/Proprietor’s authorized agent to be considered)

Company Name/Complete Address/Phone Number/Date

Best Value - Ranking Approach

The Commonwealth intends to award a contract to the vendor, whose offer, conforming to the solicitation, is the most advantageous on the basis of "best value" for all products, services and requirements contained herein. An agency evaluation committee, or a designated individual, will evaluate the information provided by the vendor(s) in response to the established measurable criteria contained in the solicitation. With the ranking approach price is one of the measurable criteria

Document Description Page 7 components of the solicitation. The measurable criteria are added together to determine the vendor’s total score. The vendor with the highest score has the highest ranking. Award is made to the vendor with the highest ranking. If there is only one best value response to the solicitation, the evaluation process may be waived and award may be made to the only responsive, responsible vendor.

For example, if vendor “A” is evaluated by only one evaluator and received a total score of 95 points then that vendor would have a 95 ranking. And if vendor “B” (responding to the same solicitation) received a total score of 90 points then he would have a 90 ranking. If more than one evaluator is used, then the combined score of all evaluators for each vendor is the score to be used to determine the ranking for the vendor. Again, award will be made to the vendor with the highest ranking. If award is by line item(s) or subtotal(s), the line item(s) or subtotal(s) will be ranked instead of the total bid amount.

Measurable Criteria:

Price 900 points Proximity 100 points

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the vendor. The information will be furnished in the spaces provided below. If adequate space is not available, the vendor must attach additional information that clearly cross-references the appropriate location in the solicitation (i.e. page number, paragraph, subject, etc.).

Price (900 points) - The vendor with the lowest price receives the maximum score. The vendor with the next lowest price receives points by dividing the lowest price by the next lowest price and multiplying that percentage by the available points. For example, assume vendor A has the low offer at $13,000 then he would receive 900 points ($13,000/$13,000 = 1.00 x 900 = 900). Assume $15,000 is the next low offer by bidder B, then he receives 780 points ($13,000/$15,000 = 0.87 x 900 = 780), etc.

Vendor’s Bid Price for venue and A/V: ___________________________________per session

Vendor’s Bid Price for Coffee and Water Service _________________ per session

Proximity to Barren River State Resort Park (100 points) - The vendor closest to Barren River State Resort Park in mileage (not to exceed 40 miles for evaluation purposes and this is determined by agency) receives the maximum points. This category is worth 100 points and assume vendor “A” is 1 mile from Barren River then (100/100 = 1.00 x 100 = 100 points). Assume vendor “B” is 30 miles from Barren River then (30/100 = .30 x 100 = 30 points, etc.)

Proximity to Barren River State Resort Park: ____________________________________

Document Description Page 8

Vendor shall state proximity in miles to Barren River State Resort Park.

The Commonwealth reserves the right to negotiate all aspects of the solicitation with the evaluated best value vendor.

Reciprocal preference for Kentucky resident bidders

KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

As used in KRS 45A.490 to 45A.494:

(1) "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

(2) "Public agency" has the same meaning as in KRS 61.805.

KRS 45A.492 Legislative declarations.

The General Assembly declares:

(1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and

(2) Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents.

KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

(1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

(2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

(a) Is authorized to transact business in the Commonwealth; and

(b) Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.

(3) A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section.

(4) If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

(5) This section shall apply to all contracts funded or controlled in whole or in part by a public agency.

(6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

(7) The preference for resident bidders shall not be given if the preference conflicts with federal law.

(8) Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.

Document Description Page 9

The reciprocal preference as described in KRS 45A.490-494 above shall be applied in accordance with

200 KAR 5:400.

Determining the residency of a bidder for purposes of applying a reciprocal preference

Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit along with its response the attached Required Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status. The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office indentified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries.

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation: Kentucky Industries for the Blind, any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the solicitation a notarized affidavit which affirms that it meets the requirements to be considered a qualified bidder-affidavit form included. If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

Document Description Page 10

AWARD CONTRACT

I. AWARD OF CONTRACT:

This written notice of award (or acceptance of offer) mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall be deemed to result in a binding contract without further action by either party.

II. KENTUCKY SALES AND USE TAXES:

Sales of tangible personal property or services to the State of Kentucky and its agencies are not subject to state sales or use taxes.

III. COMPLIANCE WITH STATE LAWS:

Contracts and orders shall be governed by the laws of the Commonwealth of Kentucky.

The rights and obligations of the parties thereto shall be determined in accordance with these laws.

IV. CONTRACT MODIFICATIONS:

No modification to this contract shall be permitted unless the contractor receives written approval from the Office of Procurement Services.

If the contractor believes modifications are necessary, he/she may request approval of the Office of Procurement Services. All contract modifications shall be subject to the provisions of 200 KAR 5:311.

V. SELLER'S INVOICES:

Invoices, if required, shall be prepared and transmitted to the agency receiving the goods or services. One copy shall be marked "original" unless otherwise specified. Invoices shall contain, at a minimum, the following information: Contract and order number (if any), item numbers, description of supplies or services, sizes, quantities, unit prices, and extended totals.

VI. PAYMENTS:

The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods or a vendor’s accurate invoice in accordance with KRS 45.453 and KRS 45.454.

VII. TAX EXEMPT STATUS:

The Commonwealth of Kentucky is exempt from Federal Excise Tax and Kentucky Sales or Use Tax. Do not include these on any invoices.

VIII. SHIPPING (If Applicable):

All shipping shall be F.O.B. Destination Freight Prepaid and Allowed.

IX. DELIVERY (If Applicable):

Delivery shall be thirty (30) days after receipt of order (ARO).

Document Description Page 11

X. WARRANTY (If Applicable):

The Vendor shall provide its most favorable warranty. A copy of such warranty shall be furnished to the agency upon delivery of the equipment. The Vendor will not be liable under the above warranty for any defects or damages resulting from unforeseeable causes beyond the control and without the fault or negligence of the Vendor, such as misuse or neglect by the State, acts of God, fires, floods and hurricanes.

XI. FUNDING OUT PROVISION:

The state agency may terminate this contract if funds are not appropriated to the contracting agency or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The state agency shall provide the contractor thirty (30) calendar days written notice of termination of the contract.

XII. PROVISIONS FOR TERMINATION:

This Contract shall be subject to the termination provisions set forth in 200 KAR 5:312.

XIII. TOBACCO FREE:

Pursuant Executive Order 2014-747, use of any tobacco product, including any electronic cigarette or vaping device is prohibited on any and all properties owned, leased or contracted for use by the Executive Branch of the Commonwealth of Kentucky.

XIV. GOVERNING LAW:

This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this Contract shall be brought in state or federal court in Franklin County, Kentucky.

XV. QUANTITY BASIS OF CONTRACT-ESTIMATED QUANTITIES (If Applicable):

Any and all quantities mentioned in this Contract are purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed during the term of the contract.

XVI. ACCESS TO RECORDS: The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c). The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.

XVII. DISCRIMINATION: Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies

Document Description Page 12 only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, or age. The contractor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The contractor agrees to provide, upon request, needed reasonable accommodations. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following;

employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability.

3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

4. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order No.

11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law.

Document Description Page 13

7. The contractor will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

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