Livescan IFB~1.docx

The following information will become the contract between the awarded vendor and the Illinois State Police. Instructions and requirements to submit a bid response are found in the attachment titled “Invitation for Bid Vendor Instructions and Requirements”.

State of Illinois Contract v.25.4

Illinois State Police Contract DJS-Livescan

25-439ISP-ADMIN-B-49824

The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.

1. SCOPE OF WORK

1.1. OVERVIEW AND PURPOSE:

The purpose is to supply Illinois state Police with stationary Livescan, Missouri Fingerprinting Locations Livescan, and portable Livescan equipment. The vendor warrants that all products purchased under this agreement are authentic, new and conform to the quality standards required by the Illinois State Police Division of Justice Services

1.2. SUPPLIES AND/OR SERVICES REQUIRED:

Indefinity quantities of Livescan equipment. Supplies and services are to be procured on an as needed basis by the Illinois State Police. Equipment will meet the following needs:

Livescan MID

1. Vendor’s MID device must be able to meet FBI specifications for mobile ID submission. Mobile ID AD Hoc Work Group | NIST Vendor’s MID device must be FAP-50 or FAP-60 certified by the FBI as tested and in compliance with the FBI’s NGI IQS including FBI Appendix F certification and approved by the ISP Bureau of Identification.

1. All screens must be designed and implemented in compliance with the IITAA. Mobile ID AD Hoc Work Group | NIST

1. Vendor will comply with a standardized list of controls. The State currently derives its controls from NIST or CoBIT.

1. Vendor’s MID device shall be compliant with the most current CJIS Security Policy in its entirety, including Appendix F. Vendors shall provide a detailed explanation of how their device is compliant with and meets all elements and sections of the CJIS Security Policy.

1. All hardware configuration items delivered as part of the proposed device shall conform to the appropriate U.S. Underwriters Laboratory standards for electronic devices and be so certified.

1. Vendor’s MID device shall produce a TPIS and RPIS NIST package for searching in the ISP ABIS and FBI’s RISC database.

1. Submission from the MID device must utilize a tethered connection to an MDC, a direct connection to the ABIS other ethernet to the internet on the State’s century network, a wireless connection to the MDC, or a cellular internet connection to the State’s ABIS.

1. If the device does not contain a way to receive and interpret/produce a response from the ABIS and NGI searches, a web-based program shall accompany the device that can handle the receipt of all TPIS and RPIS searches. The Vendor will be responsible for the design/build of the web-based program.

1. Vendor’s MID device shall include the capability to collect minimally 2 fingers simultaneously.

1. The interpreting program shall be able to provide all data returned in the form of a simple readable display with Red-colored response for a hit, a Green-colored response for no-hit, and a Yellow-colored response for any response between a score threshold for Green and Red.

1. The interpreting program shall be able to ingest and provide in clear English all data returned in a Red response to include Name, SID, DOB, Sex, and Race for TPIR.

1. The interpreting program shall automatically forward the entire FBI response (SRT, TPRR, and ERRT, and/or photos, if available) in clear English for any RPIR.

1. Vendor must utilize the ICN for sending and receiving Mobile ID transactions to the ISP.

1. The ISP requires demonstration of the RPIS workflow in its entirety when certifying the RPIS transaction type for an agency. Each hand-held device must be certified.

1. Encryption at rest for stored data must use strong AES 256-bit encryption where Vendor’s organization maintains control of encryption keys.

1. Vendor’s MID device shall meet FIPS 140-2 standards for encryption.

1. Vendor’s MID device shall perform encryption in transit using SSL / TLS protocol to reduce the risk of third-party interception.

1. In scheduled 60-day cycles, after transferring NIST data to the State, the Vendor agrees to clear the State’s data that resides on its hardware or software by erasing or wiping/sanitizing in a manner that prevents retrieval of electronically stored information.

1. Vendor will restrict the location of information systems that receive, process, store, or transmit State of Illinois PII to areas within the United States.

1. Authenticated users with valid accounts are the only ones authorized for usage. Anonymous users without an account are not permitted.

1. Multi-factor authentication factors such as a smart phone token or biometric characteristic, in addition to a username and password must be supported.

1. Vendor will provide a device ID for each hand-held scanner. The login credentials associated with each hand-held scanner must be used when connecting to ABIS.

1. Vendor’s MID device must be a mobile solution that can be held in one’s hands, no larger than 12” by 12” x 2” in total dimensions and no more than 5 lbs. in total weight.

1. Vendor’s MID device should be ruggedized to withstand use in the field including impact, inclement weather, and cleaning with recommended cleaners.

1. All required grounding shall conform to the manufacturer’s specifications and recommendations.

1. Each workstation shall automatically shut down properly based upon the receipt of a 10-minute warning if the operator does not initiate a shutdown within 10 minutes of the signal.

1. Training: Vendor shall provide a training session to officers in the set up and use of the devices. The location and time will be agreed upon between the Vendor and the ISP.

1. Vendor will provide a “Train the Trainer” training for further installations and personnel training. The training must be sufficient to enable the end users to perform all day-to-day operations without the Vendor’s intervention.

1. Vendor shall provide hard copy documentation of hardware, software, and operational procedures sufficient to enable officers to perform all day-to-day operations without the Vendor’s intervention.

1. Warranty and Maintenance: Vendor must include a five-year standard warranty with responses during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.).

1. Bidder must fully describe the level of support provided by the warranty.

1. Bidder must explain how the defect tracking process works. Upon agency notification, vendor must meet a two (2) hour time to resolution of a defect for all maintenance.

1. Vendor must provide help-desk assistance to handle daily issues such as installation, troubleshooting, user profile issues, password resets, as well as any other hardware and software issues that occur.

1. Software Installations and Upgrades: Vendor must provide to all device installations all Vendor-created, FBI EBTS or ISP EFSS updates, offense statute updates, other table updates, application updates, and TOT changes. Such updates shall be provided and installed on each tablet at no extra or additional charge during any standard or extended warranty or maintenance period.

1. All software installations and upgrades are the responsibility of the Vendor. Software upgrades should be performed as needed and should include bug fixes and all minor enhancements.

Portable Livescan

1. Vendor’s portable livescan tablet must be compliant with the FBI’s EBTS and the ISP’s EFSS and AFIS interface. The system must be able to transmit type 1, 2, 4, 10, and 15 records to the ISP and to the FBI through the ISP. See Attachment B for EFSS specifications.

1. Vendor’s portable livescan tablet must be FAP-50 or FAP-60 certified by the FBI as tested and in compliance with the FBI’s NGI IQS including FBI Appendix F certification and approved by the ISP Bureau of Identification.

1. All screens must be designed and implemented in compliance with the IITAA.

1. Vendor will comply with a standardized list of controls. The State currently derives its controls from NIST or CoBIT.

1. The Vendor’s tablet shall be compliant with the most current CJIS Security Policy in its entirety, including Appendix F. Vendors shall provide a detailed explanation of how their tablet is compliant with and meets all elements and sections of the CJIS Security Policy.

1. All hardware configuration items delivered as part of the proposed tablet shall conform to the appropriate U.S. Underwriters Laboratory standards for electronic devices and be so certified.

1. The Vendor’s tablet must be able to meet ISP Livescan connection requirements. See attachment C for ISP Livescan Connection Requirements.

1. Submission from the tablet must utilize a tethered connection to an MDC, a direct connection to the ABIS other ethernet to the internet on the State’s century network, a wireless connection to the MDC, or a cellular internet connection to the State’s ABIS.

1. The Vendor shall provide in detail how transactions will be transmitted to the ISP ABIS system and provide a list of active customers using submission method without issue.

1. The Vendor’s tablet shall include the capability to collect all elements on a ten-print card (i.e. roll-scans, plain thumb scans, 4-finger flats, and 2-thumb flats impressions).

1. The Vendor’s tablets shall include the capability to collect facial captures compliant with TYPE 10 EBTS requirements. The tablets should include a grey screen compliant with EBTS best practices of eighteen percent (18%) gray intensity level that can be set up behind the person or attached to a wall.

1. The Vendor’s tablet shall include the capability to collect Iris compliant with TYPE 17 EBTS requirements. The camera shall meet ISO / IEC 29794-6:2015 Information Technology – Biometric Sample Quality – Part 6: IRIS image data specifications. * Monochrome near IR or IR channel of a color sensor: Near infrared wavelength bandwidth (approximately 700 to 900nm) shall be used.

* Iris images must be uncompressed or losslessly compressed.

The tablet must supply images in a standard format suitable for use by matching and encoding systems.

1. The Vendor’s tablet shall be able to quality check the friction ridge of images captured (i.e. fingerprint quality via NFIQ, sequence, and the presence of spurious fingers) and create EFSS transactions against adjustable quality thresholds (NFIQ threshold and non-recoverable sequence errors).

1. The Vendor’s tablet shall update the log entry for each transaction with status updates of: Waiting on Submission, Submitted, and Acknowledgement Received from ABIS.

1. The Vendor’s tablet shall have the ability to amend a submission and resend to correct scriveners’ errors.

1. The Vendor’s tablet shall have the ability to check for compliance with minimum EFSS standards before allowing a transaction to be submitted.

1. The Vendor’s tablet shall alert the user to errors for correction before allowing a transaction to be submitted.

1. Vendor must utilize the ICN for sending and receiving transactions to the ISP.

1. Encryption at rest for stored data must use strong AES 256-bit encryption where Vendor’s organization maintains control of encryption keys.

1. Vendor’s tablet shall perform encryption in transit using SSL / TLS protocol to reduce the risk of third-party interception.

1. In scheduled 60-day cycles, after transfer of NIST data to the State, the Vendor agrees to clear the State’s data that resides on its hardware or software by erasing or wiping/sanitizing in a manner that prevents retrieval of electronically stored information.

1. Vendor will restrict the location of information systems that receive, process, store, or transmit State of Illinois PII to areas within the United States.

1. Authenticated users with valid accounts are the only ones authorized for usage. Anonymous users without an account are not permitted.

1. Multi-factor authentication factors such as a smart phone token or biometric characteristic, in addition to a username and password, must be supported.

1. Vendor will provide a device ID for each tablet. The login credentials associated with each tablet must be used when connecting to ABIS.

1. Vendor’s tablet must be a mobile solution that can be held in one’s hands, no larger than 12” by 12” x 2” in total dimensions and no more than 5 lbs. in total weight.

1. Vendor’s tablet should be ruggedized to withstand use in the field including impact, inclement weather, and cleaning with recommended cleaners.

1. All required grounding shall conform to the manufacturer’s specifications and recommendations.

1. Each tablet shall automatically shut down properly based upon the receipt of a 10-minute warning if the operator does not initiate a shutdown within 10 minutes of the signal.

1. The Vendor’s tablet shall be able to submit in test mode for all transaction types.

1. Training: Vendor shall provide a training session to officers in the set up and use of the tablets. The location and time will be agreed upon between the Vendor and the ISP.

1. Vendor will provide a “Train the Trainer” training for further installations and personnel training. The training must be sufficient to enable the end users to perform all day-to-day operations without the Vendor’s intervention.

1. Vendor shall provide hard copy documentation of hardware, software, and operational procedures sufficient to enable officers to perform all day-to-day operations without the Vendor’s intervention.

1. Warranty and Maintenance: Vendor must include a five-year standard warranty with responses during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.).

1. Vendor must fully describe the level of support provided by the warranty.

1. Vendor must explain how the defect tracking process works. Vendor must meet a two (2) hour time to resolution of a defect for all maintenance.

1. Vendor must provide help-desk assistance to handle daily issues such as installation, troubleshooting, user profile issues, password resets, as well as any other hardware and software issues that occur.

1. Software Installations and Upgrades: Vendor must provide to all device installations all Vendor-created, FBI EBTS or ISP EFSS updates, offense statute updates, other table updates, application updates, and TOT changes. Such updates shall be provided and installed on each tablet at no extra or additional charge during any standard or extended warranty or maintenance period.

1. All software installations and upgrades are the responsibility of the Vendor. Software upgrades should be performed as needed and should include bug fixes and all minor enhancements.

Stationary Livescan

1. The Vendor’s stationary livescan must be compliant with the FBI’s EBTS and the ISP’s EFSS and AFIS interface. The system must be able to transmit type 1, 2, 4, 10, and 15 records to the ISP and to the FBI through the ISP. See Attachment B for EFSS specifications.

1. Vendor’s stationary livescan must be FAP-50 or FAP-60 certified by the FBI as tested and in compliance with the FBI’s NGI IQS including FBI Appendix F certification and approved by the ISP Bureau of Identification.

1. All screens must be designed and implemented in compliance with the IITAA.

1. Vendor will comply with a standardized list of controls. The State currently derives its controls from NIST or CoBIT.

1. Vendor’s stationary livescan shall be compliant with the most current CJIS Security Policy in its entirety, including Appendix F. Vendor shall provide a detailed explanation of how their system is compliant with and meets all elements and sections of the CJIS Security Policy.

1. All hardware configuration items delivered as part of the proposed device shall conform to the appropriate U.S. Underwriters Laboratory standards for electronic devices and be so certified.

1. Vendor’s stationary livescan must be able to meet ISP livescan connection requirements. See Attachment C for ISP Livescan Connection Requirements.

1. Vendor must provide training in detail on how transactions will be transmitted to the ISP ABIS system.

1. Vendor’s stationary livescan may have the ability to receive a response from the State ABIS system on a failed transaction.

1. In scheduled 60-day cycles, after transfer of NIST data to the State, the Vendor agrees to clear the State’s data that resides on its hardware or software by erasing or wiping/sanitizing in a manner that prevents retrieval of electronically stored information.

1. Encryption at rest for stored data must use strong AES 256-bit encryption where Vendor’s organization maintains control of encryption keys.

1. Encryption in transit using SSL / TLS protocol to reduce the risk of third-party interception.

1. Vendor’s stationary livescan shall meet FIPS 140-2 standards for encryption.

1. Authenticated users with valid accounts are the only ones authorized for usage and anonymous users without an account are not permitted.

1. Vendors’ stationary livescan must use an FBI Appendix F certified ten-print and palm print scanner at 500 dpi.

1. Vendor’s stationary livescan must be fully compliant to ANSI / NIST, and XML industry standards for live scan. and

1. Vendor’s stationary livescan must capture and transmit all ten-prints (roll and flat), palm prints (upper, lower, and writer’s palm), and booking photos.

1. Vendor’s stationary livescan must store at least the last 100 transactions.

1. Vendor’s stationary livescan must use a single sealed platen with no moving parts.

1. Vendor’s stationary livescan shall include the capability to collect all elements on a ten-print card (i.e. roll-scans, plain thumb scans, 4-finger flats and 2-thumb flats). The system shall include the capability to collect 4-finger and 2-thumb flat impressions in a 3.2 x 3.0-inch area. Ten-print slaps must be a minimum of 2.0 inches high, but larger images are acceptable.

1. Vendor’s stationary livescan must ignore moisture in the skin enabling the capture of clear, high-quality prints without having to dry the fingers.

1. Vendor’s stationary livescan must guarantee that the fingerprints and palm prints belong to the same person and that the right palm print matches the right fingerprints, and the left palm prints match the left fingerprints.

1. Vendor’s stationary livescan must provide immediate quality control feedback to the operator on each individual fingerprint and palm print captured.

1. Vendor’s stationary livescan shall include the capability to collect facial captures compliant with TYPE 10 EBTS requirements. The unit should include a grey screen, compliant with EBTS best practices of eighteen percent (18%) gray intensity level that can be set up behind the person or attached to a wall.

1. Vendor’s stationary livescan shall include the capability to collect Iris compliant with TYPE 17 EBTS requirements. The camera shall meet ISO/IEC 29794-6:2015 Information Technology – Biometric Sample Quality – Part 6: IRIS image data.

· Monochrome near IR or IR channel of a color sensor. Near infrared wavelength bandwidth (approximately 700 to 900nm) shall be use.

· Iris images must be uncompressed or losslessly compressed.

The stationary livescan must supply images in a standard format suitable for use by matching and encoding systems.

1. Vendor’s stationary livescan shall be able to quality check the friction ride of images captured (i.e. fingerprint quality via NFIQ, sequence, and the presence of spurious fingers) and create EFSS transactions against adjustable quality thresholds (NFIQ threshold and non-recoverable sequence errors.)

1. Vendor’s stationary livescan shall update the log entry for each transaction with status updates of: Waiting on Submission, Submitted, and Acknowledgement Received from ABIS.

1. Vendor’s stationary livescan shall have the ability to amend a submission and resent to correct scriveners’ errors.

1. Vendor’s stationary livescan shall have the ability to check for compliance with minimum EFSS standards before allowing a transaction to be submitted. See Attachment B for EFSS specifications.

1. Vendor’s stationary livescan shall alert the user to errors for correction before allowing a transaction to be submitted.

1. Vendor’s stationary livescan must be housed in a ruggedized stand-alone cabinet (not desktop unit) suitable for operation in an arrest-processing environment.

1. Vendor’s stationary livescan must include at least one integrated foot pedal with no exposed wires for use during operation.

1. Vendor’s stationary livescan must have a SLR digital camera for booking photo capture with Auto Face Finder that adheres to NIST best practices. The camera must be mounted to the cabinet.

1. Vendor’s stationary livescan must include an FBI certified fingerprint and palm print card reader from. The printer must have duplex capability, have dual paper trays, and a minimum 10-foot printer cable.

1. Each stationary livescan must include a UPS.

1. The Vendor must supply a self-contained personal computer system which contains the: system processor(s), disk drives, network interface card, memory, keyboard, pointing device, and fingerprint/palm print acquisition software.

1. Vendor’s stationary livescan must be installed with software for the transmittal of fingerprint information to the ISP BOI AFIS for search and in accordance with existing ISP workflows. The system must be able to submit the Illinois card types, including: Criminal Justice Applicant, Custodial Card, FEE Applicant Card, Fingerprint Inquiry Card, Juvenile Arrest Card, and Access and Review Card. See Attachment C for ISP Livescan Connection Requirements.

1. All required grounding shall conform to the manufacturer’s specifications and recommendations.

1. Each stationary livescan shall automatically shut down properly, based upon the receipt of a 10-minute warning if the operator does not initiate a shutdown within 10 minutes of the signal.

1. The stationary livescan shall be able to operate in an office environment without any specification for supplemental air conditioning or noise suppression.

1. The Vendor shall ensure each stationary livescan installed is configured and certified to meet all current ISP and FBI requirements for fingerprint, palm, and booking photo transmissions. See Attachment C for ISP Livescan Connection Requirements.

1. Vendor’s stationary livescan shall be able to submit in test mode for all transaction types.

1. Site Requirements: The Vendor must provide, as part of the bid, any site requirements including but not limited to: space required, utilities required, environmental restrictions, power supply needed, and/or other items pertinent to proper installation.

1. Training: Vendor shall provide a training session to officers in the set up and use of the devices. The location and time will be agreed upon between the Vendor and the ISP.

1. Vendor will provide a “Train the Trainer” training for further installations and personnel training. The training must be sufficient to enable the end users to perform all day-to-day operations without the Vendor’s intervention.

1. Vendor shall provide hard copy documentation of hardware, software, and operational procedures sufficient to enable officers to perform all day-to-day operations without the Vendor’s intervention.

1. Warranty and Maintenance: Vendor must include a five-year standard warranty with responses during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.).

1. Vendor must fully describe the level of support provided by the warranty.

1. Vendor must explain how the defect tracking process works. Vendor must meet a two (2) hour time to resolution of a defect for all maintenance.

1. Vendor must provide help-desk assistance to handle daily issues such as installation, troubleshooting, user profile issues, password resets, as well as any other hardware and software issues that occur.

1. Software Installations and Upgrades: Vendor must provide to all device installations all Vendor-created, FBI EBTS or ISP EFSS updates, offense statute updates, other table updates, application updates, and TOT changes. Such updates shall be provided and installed on each Stationary LiveScan system at no extra or additional charge during any standard or extended warranty or maintenance period.

1. All software installations and upgrades are the responsibility of the Vendor. Software upgrades should be performed as needed and should include bug fixes and all minor enhancements.

Illinois State Police Live Scan Connection Guidelines and Protocol Illinois State Police, Bureau of Identification 2 1.1 Scope

The Illinois State Police are committed to ensuring that all criminal justice information is secure and adheres to State and FBI CJIS security requirements. The recent upgrade of the State’s ABIS allows for the ability to meet current and future guidelines associated with criminal justice information. It is important for all criminal justice and non-criminal justice vendors, who submit criminal justice information to the State, adhere to the proper requirements ensuring that all information is appropriately protected. This document outlines the technical and policy requirements that are to be followed in order to continue to provide criminal justice services that require partnership with the State ABIS.

1.1.1 ABIS SFTP Connection

This section contains the specifications on how input devices submit NIST data to the ABIS AMF workflow. The discussion is limited to software and procedural considerations. Specifications for network hardware and physical connections are discussed elsewhere.

The term “input device” refers to live scan or card scan.

Each live scan device will submit National Institute of Standards and Technology (NIST) format text and images to the NEC STC (Submission Transaction Controller) using the SSH File Transfer Protocol (sometimes referred to as Secure File Transfer Protocol or via its commonly known acronym SFTP).

Device ID Group ID Unique User ID Unique Password TCP/IP address Name of the Host to access

When these data items are obtained, the live scan device will use the following procedure each time it initially connects to the network:

• On initial connection, the live scan device will be delivered into the live scan’s home directory. The live scan device will then proceed to navigate to the path provided by the Illinois State Police after appending the sending device DID to the root path.

• Verify that it has the latest versions of any environment files, tables, validation files, forms or data sets by examining files found in the common partition and copying newer files to the proper location on the live scan device. It shall be the responsibility of the live scan device to look for and copy file updates from the common partition.

• Read an environment file in the common partition that contains the name of a root path partition to which submissions will be sent.

• Mount the submission partition named in the environment file after appending the sending device DID to the root path.

For each submission the live scan device will:

• Write the NIST data to the live scan device id directory.

• Write a signal file to a predefined directory.

1.1.2 CJIS Guidelines

All devices that are used to transmit, store or receive CJI require encryption in accordance with: (a) Federal Information Processing Standard Publication (FIPS) 140-2; (b) National Institute of Standards and Technology (NIST) Special Publication 800-57 Recommendation for Key Management – Part 1: General (Revision 3); (c) NIST Special Publication 800-57 Recommendation for Key Management – Part 2: Best Practices for Key Management Organization; and (d) NIST Special Publication 800-111 Guide to Storage Encryption Technologies for End User Devices. Advanced Encryption Standard (AES) with cipher strength of 256-bit is minimally required.

1.1.3 Connection Security Requirements

The Landing Server that the ABIS employs is utilizing SSH-2.0-OpenSSH_7.2. Any connections made to this server must be compatible with the specifications outlined in Table 1. If not, the connections will not be able to be properly authenticated and submit data.

Table 1: Technical Requirements SUPPORTED ALGORITHMS

KEX ALGORITHMS SUPPORTED

ecdh-sha2-nistp256 ecdh-sha2-nistp384 ecdh-sha2-nistp521

HOST KEY ALGORITHMS SUPPORTED

ssh-rsa ecdsa-sha2-nistp256

ENCRYPTION ALGORITHMS SUPPORTED

aes128-ctr aes192-ctr

1.3. MILESTONES AND DELIVERABLES:

Vendor shall deliver to, install, and certify the livescans at law enforcement facilities anywhere within the state of Illinois. The exact locations for delivery and installation will be provided by the ISP at a later date. FOB to be included in bid. If the products are found to be defective or non-compliant with the specifications of the agency, the agency may reject the products and request a replacement or refund at the vendors discretion.

1.4. VENDOR/STAFF SPECIFICATIONS:

Vendor must be an established prime manufacturer of a portable, MID and stationary livescan tablets that also provides Mobile rapid IDs that are in current productive use in U.S. law enforcement installations. Vendor must have implemented their solution in U.S. public safety/law enforcement environments and have proven success submitting to a SIB ABIS. Vendor must provide proof they have been incorporated in Illinois or any other U.S. state as a business for at least 3 years.

1.5. TRANSPORTATION AND DELIVERY:

Per unit costs will be FOB destination. Deliveries are to be made at locations which will be identified at the time of each purchase order. Deliveries are accepted Monday through Friday, 8:00am to 4:30pm; No Weekend or State of Illinois Holiday Deliveries will be accepted.

1.6. SUBCONTRACTING:

Subcontractors are allowed.

1.6.1. Will subcontractors be utilized? |_| Yes |_| No

A subcontractor is a person or entity that enters into a contractual agreement with a total value of $100,000 or more with a person or entity who has a contract subject to the Illinois Procurement Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract.

All contracts with subcontractors where the annual value of the subcontract is greater than $50,000 must include Illinois Standard Certifications completed by the subcontractor.

1.6.2. Please identify below subcontracts with an annual value of $100,000 or more that will be utilized in the performance of the contract, the names and addresses of the subcontractors, and a description of the work to be performed by each.

· Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text

· Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text If additional space is necessary to provide subcontractor information, please attach an additional page.

1.6.3. If the annual value of any subcontracts is more than $100,000, then the Vendor must provide to the State the Financial Disclosures and Conflicts of Interest for that subcontractor.

1.6.4. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, Vendor is required to promptly notify, in writing, 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 this Contract. Any subcontracts entered prior to award of this Contract are done at the sole risk of the Vendor and subcontractor(s).

1.7. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this section all services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the State as a breach of the contract by Vendor.

Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If the Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if the Offeror shifts any such work outside the United States.

· Location where services will be performed: Click here to enter text Value of services performed at this location: Click here to enter text

· Location where services will be performed: Click here to enter text Value of services performed at this location: Click here to enter text

2. PRICING

2.1. TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract price is firm or estimated at the time it is submitted for obligation. The total price of this contract is estimated.

2.2. VENDOR’S PRICING: Vendor’s pricing is located in the Items Tab in the BidBuy Purchase Order. The State includes in this contract the BidBuy Purchase Order as it contains the agreed pricing.

2.3. MAXIMUM AMOUNT: The total payments under the initial term of this contract shall not exceed $Click here to enter text without a formal amendment. The maximum amount will be entered by the State prior to execution of the contract.

3. TERM AND TERMINATION

3.1. TERM:

3.1.1. TERM OF THIS CONTRACT: The contract will have an initial term commencing upon the last dated signature of the Parties” and ending in three (3) years. In no event will the maximum total term of the contract, including the initial term, any renewal terms, and any extensions, exceed ten (10) years. Vendor shall not commence billable work in furtherance of the contract prior to final execution of the contract except when permitted pursuant to 30 ILCS 500/20-80.

3.2. 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.

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.

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.

3.3. 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.

Upon submission of invoices and proof of claim, the Vendor shall be entitled to compensation for supplies and services provided in compliance with this contract up to and including the date of termination.

3.4. 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 Agency’s funding by reserving some or all of the Agency’s appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Agency 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.

4. STANDARD BUSINESS TERMS AND CONDITIONS

4.1. PAYMENT TERMS AND CONDITIONS:

4.1.1. 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 in Vendor’s invoices shall have no force or effect.

4.1.2. MINORITY CONTRACTOR INITIATIVE: Any Vendor awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) 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.

4.1.3. 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.

4.1.4. 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 Illinois Department of Labor (DOL) and are available on DOL’s official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting DOL at 217-782-6206 or (https://labor.illinois.gov) to ensure understanding of prevailing wage requirements.

4.1.5. 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 to the awarded Vendor in the notice of intent to award.

4.1.6. INVOICING: By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of this contract, and the amount billed with expenses incurred are as allowed in this 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.

4.1.6.1. 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’s Illinois tax exemption number and Federal tax exemption information.

4.1.6.2. Vendor shall invoice at this completion of the contract unless invoicing is tied in this contract to milestones, deliverables, or other invoicing requirements agreed to in the contract.

Send invoices to:

For procurements conducted in BidBuy, the Agency may include in this contract the BidBuy Purchase Order as it contains the Bill To address.

4.2. ASSIGNMENT: This contract may not be assigned or transferred in whole or in part by Vendor without the prior written consent of the State.

4.3. SUBCONTRACTING: For purposes of this section, subcontractors are those with contracts with an annual value exceeding $100,000 and who are specifically hired to perform all or part of the work covered by this 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 Standard Illinois 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, the expected amount of money that each new or replaced subcontractor will receive pursuant to the Contract, and the general type of work to be performed. 30 ILCS 500/20-120.

4.4. AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of this contract and any subcontract necessary to support amounts charged to the State pursuant this 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.

4.5. 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 this contract is being resolved unless otherwise directed by the State.

4.6. 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.

4.7. 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 this contract without penalty if performance does not resume within thirty (30) days of the declaration.

4.8. CONFIDENTIAL INFORMATION: Each Party to this contract, including its agents and subcontractors, 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 this contract shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of this contract or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of this contract, in whatever form it is maintained, promptly at the end of this 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 that is independently developed by the receiving Party without the use or benefit of the disclosing Party’s confidential information.

4.9. 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 rights, 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 the confidentiality provisions of this contract.

4.10. 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.

4.11. INSURANCE: Vendor shall, at all times during the term of this contract and any renewals or extensions, maintain and provide a Certificate of Insurance naming the State as an 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 insurance in the 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 the amount required by law. Insurance shall not limit Vendor’s obligation to indemnify, defend, or settle any claims.

4.12. INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venturer with the State. All payments by the State shall be made on that basis.

4.13. 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.