IFB+Elevator+Services.pdf

Specifications, Brand Name. The specific brand name or make/model is required, and substitutions will not be accepted.

17. Background Checks for CONTRACTOR Personnel. The Purchasing Agency requires all background checks to be performed on all CONTRACTOR Personnel who will access the facility.

CONTRACTOR shall provide the Procurement Officer with the names of all individuals that will have access to the premises along with background checks for each individual for approval by the Purchasing Agency. This information must be received prior to the CONTRACTOR Personnel attempting to access the facility, and the CONTRACTOR must receive confirmation of approval. CONTRACTOR will be responsible for notifying the Procurement Officer or designee if any CONTRACTOR Personnel changes and provide background checks for any new CONTRACTOR Personnel. Under no circumstance shall any CONTRACTOR Personnel have access to the facility without a background check and approval by the Purchasing Agency. All background check and supporting documentation shall be provided through the North Dakota Bureau of Criminal Investigation. The cost of the background checks will be the CONTRACTOR'S responsibility. At any time during the contract period, the Purchasing Agency may request the CONTRACTOR to provide updated background checks of any CONTRACTOR Personnel that have access to the premises.

18. Special Security Instructions: Department of Corrections and Rehabilitation (DOCR) which consists of North Dakota State Penitentiary (NDSP), Missouri River Correctional Center (MRCC), and Youth Correctional Center (YCC) have heightened security requirements as follows:

The Contractor shall comply with all applicable DOCR rules, regulations, and policies, including rules and regulations relating to safety, security, and confidentiality. DOCR reserves the right to deny admission in DOCR facilities to the Contractor for violation of any applicable DOCR rule, regulation, or policy. A staff member of DOCR shall review any violations with the Contractor prior to making a determination of denying the admission of the Contractor personnel or terminating the contract.

DOCR may require and complete a criminal history background check, including fingerprints for all Contractor personnel. The Contractor shall submit the names of personnel who will be on the premises not less than ten

(10) workdays prior to the personnel coming on premises. No person convicted of a Class A misdemeanor involving violence, weapons, or controlled substances, or anyone convicted of a Felony may enter any DOCR facility property without prior written authorization of the Facility Administrator or Designee. Contractor personnel shall attend required security related training before being allowed to enter the facilities without an escort.

The Contractor shall be aware that DOCR facilities are secure environments. When Contractor personnel arrive at a DOCR facility, they will be subject to search at any time, they must sign in and out as applicable, and they are responsible for ensuring that all tools and test equipment that are allowed in the facility are accounted for at all times. The Contractor shall report to the DOCR area supervisor immediately if any tools are lost, misplaced, or stolen.

Tobacco products will be allowed only in the Contractor's vehicles, or vehicles belong to Contractor's personnel, unless the vehicles will be coming into secured areas, at which point all tobacco products must be turned over to the gate security officer. Cell phones, cameras and other wireless electronic devices are not allowed in DOCR facilities without prior written approval from the Facility Administrator or Designee. No alcohol or products containing alcohol are allowed on DOCR property. If the Contractor requires items that contain alcohol or alcohol related products for performance under the contract, the items must be checked in and out through the facility's area supervisor. The Contractor shall provide copies of Material Safety Data Sheet (MSDS) of chemical(s) or product(s) used or brought into the DOCR facilities. Possession, distribution or delivery of alcohol, tobacco, a controlled substance, firearm, or a dangerous weapon is a criminal offense, and will be prosecuted accordingly.

21. Travel. Travel time is billable in addition to the hourly service rate.

State Procurement Office

Chad Keech

Procurement Officer II

2/04/2021

SECTION 6

CONTRACT TERMS AND CONDITIONS

1. Scope of Work. CONTRACTOR, in exchange for the compensation paid by ST ATE under this Contract, shall provide the commodities and services described in this solicitation.

2. Compensation.

a. Contractual Amount

ST ATE shall pay for the accepted services provided by CONTRACTOR under this Contract an amount not to exceed the amount indicated on the Bid Response form (Contractual Amount). The Contractual Amount is firm for the duration of the Contract and constitutes the entire compensation due CONTRACTOR for performance of its obligations under this Contract, unless amended, regardless of the difficulty, materials or equipment required, including fees, licenses, overhead, profit and all other direct and indirect costs incurred by CONTRACTOR, except as provided by an amendment to this Contract.

b. Payment

1) Payment made in accordance with this Compensation section shall constitute payment in full for the services and work performed and the deliverables and work(s) provided under this Contract and CONTRACTOR shall not receive any additional compensation hereunder.

2) STATE shall make payment under this Contract within forty-five (45) calendar days after receipt of a correct invoice.

3) Payment of an invoice by STATE will not prejudice STATE's right to object to or question that or any other invoice or matter in relation thereto. CONTRACTOR's invoice will be subject to reduction for amounts included in any invoice or payment made which are determined by ST ATE, on the basis of audits conducted in accordance with the terms of this Contract, not to constitute allowable costs. At ST ATE'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.

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

4. Payment of Taxes by State. STATE is not responsible for and will not pay local, state, or federal taxes. STATE will furnish certificates of exemption upon request by the CONTRACTOR.

5. Purchasing Card. Vendor does not take payment via credit card.

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 into 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.

c. Termination for Lack of Funding or Authority

STATE by written notice to CONTRACTOR, may terminate the whole or any part of this Contract under any of the following conditions: