RFQ 25-CTR07 - Law Enforcement Equipment.pdf

Eastern Washington University RFQ# 25-CTR07

RFQ# 25-CTR07

Quote Due: November 18, 2024

REQUEST FOR QUOTATION

Return to:

Eastern Washington University Phone: 509-359-6804 Purchasing Department 218 Tawanka Hall Email: cross19@ewu.edu Cheney, WA 99004-2410

ATTN: Cody Ross

QUOTE TITLE: RFQ# 25-CTR07

QUOTES ACCEPTED UNTIL: 11/18/2024, 3:00 PM PDT

Bids must be received & stamped on or before the due date & time at the specified location

All correspondence via Email regarding this RFQ to cross19@ewu.edu

Eastern Washington University is seeking bids on the following:

Used equipment will not be accepted.

ITEM

NO

DESCRIPTION QTY UNIT UNIT PRICE EXT PRICE

1 Term Sheet for Discounts and/or Prices for products available to EWU for Law Enforcement Equipment and Uniforms

1 EA

$0.00

$0.00

$0.00

$0.00

Ship to: Eastern Washington University

218 Tawanka Hall

Cheney, WA 99004

SUB-TOTAL $0.00

Shipping $0.00

8.9% Tax $0.00

ENTER QUOTE TOTAL $0.00

THIS IS NOT AN ORDER

mailto:cross19@ewu.edu

QUOTATION SPECIFICATIONS

SPECIFICATIONS:

SAMPLE:

An actual sample is required of _______N/A________. Please mail sample to the Return to address listed above.

LEAD TIME:

Bidders should include information about the lead time between order and delivery. Equipment needs to arrive approximately NA weeks after order is completed.

DELIVERY LOCATION:

Eastern Washington University 218 Tawanka Hall, Cheney, WA 99004. All Bid pricing is to be FOB Destination, freight prepaid and included to invoice to the destination(s) specified herein.

RENEWAL:

This contract will have the option to renew annually for an additional ___N/A___ years at the sole discretion of EWU.

Do You Provide Early Payment Discount? ___________ yes __________ no

Are you registered with Washington State Office of Minority & Women’s Business Enterprises?

___________ yes __________ no

Are You OMWBE Certified? ___________ yes __________ no

REQUIRED RESPONSES

COMPANY INFORMATION

Firm Name (As it appears in WEBS):

Street and Number:

City and State: Zip:

Name typed or hand written: For emailed quotes, typed name is considered a signature

Signature: Date:

Title:

Phone Number: Fax Number:

Email :

UBI Number: T.I.N. Number:

Please submit a completed W-9 form even if you previously have done business with Eastern Washington University.

We have read all portions of the RFQ in addition to the conditions noted above and the standard terms and conditions and agree thereto and have stated hereon the prices at which we will furnish and deliver to location named above the articles as specified. Prices are valid for sixty (60) days.

REFERENCES

Bidders shall submit three recent customer references of companies you have provided similar items for, one of which should be in Higher Education or a State of Washington agency.

1. Company Name

Address

Company Phone Number

Contact Person

Contact Phone Number Email

2. Company Name

3. Company Name

WARRANTY - Bidders are to indicate any warranties, both manufacturer's and others, and warranty period associated with your products. Specify service period limitations versus parts and labor.

Manufacturer Warranties:

Other Warranties:

RETURN POLICY - Bidders are to state their firm's return product policy for goods determined to be defective on arrival or damaged. This policy should indicate the prescribed time for notification by the University of any unsatisfactory conditions, length of time until the University is supplied with replacement good and procedures for returning goods (e.g., RMA numbers). Eastern Washington University does not pay shipping charges for damaged goods returned to vendor or for repaired/new goods re-sent to EWU.

Return policy/procedures:

Notification time: Replacement time:

RETURN AT UNIVERSITY CONVENIENCE - Bidders are to indicate how return policies differ from the question above if the delivered goods are in acceptable condition but EWU finds that, through no error of vendor, that the goods are unusable. Please list associated costs for return of merchandise, if any.

Return policy/procedures:

Notification time: Replacement time:

Restocking fee:

AUTHORIZED SERVICE - Bidders are to indicate for which products on this bid they are factory-authorized representatives.

Bidders are to provide the nearest manufacturer-authorized warranty/service center of proposed items including their address, contact person and phone number.

Service Center:

Address:

Contact Person: Phone: Fax:

Email: WWW:

QUOTE INSTRUCTIONS

QUOTE DUE DATE: 11/18/2024, 3:00 PM PDT

(1) COMPLETING QUOTE

Vendors must provide the requested pricing information on the Request for Quote page 1 of this document. Vendors must also complete and submit pages 2-4 of this document, as well as Exhibit A.

(2) SUBMITTING QUOTES

Quotes are required to be emailed to cross19@ewu.edu. Submit information requested on Pages _1-4___ of this RFQ.

Attach any supporting documentation. The Vendor is responsible for the means of delivering the Quote on time. Any Quote received after the hour specified in the Request for Quote will not be considered. Companies must submit proposals and all supporting documentation. When copies are submitted, an authorized representative must sign the quotation response and all pages that require signature or initials. Signatures can either be electronic signatures or signed in ink and scanned.

Delays due to the methods used to transmit the quote including technological issues will be the responsibility of the Vendor.

The quotation must be completed and delivered in sufficient time to avoid disqualification for lateness due to difficulties of delivery. It is recommended to use return receipt in your email program to ensure you have record of delivery.

(3) LATE QUOTES: Any quote received after the hour specified in the Request For Quote will not be considered.

(4) QUOTE FORM

Vendors are required to use the Quote Forms furnished by the University (pages 1-5), attach the company quote and any other supporting documentation. Please retain a copy for your records.

(5) REQUIREMENTS AND GUARANTEE

The vendor shall warrant all materials delivered and installed under this RFQ to be new and free from defects, damage, or failure for any reason whatsoever which Eastern Washington University may reasonably determine is the responsibility of the vendor.

(6) In support of the State’s economic and environmental goals, we encourage you to consider the following elements in responding to our solicitations. These are not a factor of award (unless otherwise specified in this document):

● Using environmentally preferable products and products that exceed EPA guidelines

● Supporting a diverse supplier pool, including small, minority, and women-owned firms

● Supporting mini, micro and veteran owned businesses

● Featuring products made or grown in Washington

(7) AMENDMENTS TO SPECIFICATIONS

In the event it becomes necessary to revise any part of this RFQ, addenda will be posted on WEBS, Washington's Electronic Business Solution.

URL:http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistration.aspx Notice of an addendum should be sent via e-mail by the WEBS system to advise the addendum is available for download. It is the responsibility of Respondent to check for any addendums.

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(8) PRICING

Response prices must include all cost components needed for the delivery of the goods and/or services as described in this document. All costs associated with the goods and/or services specified must be incorporated into the price of the Response to this Solicitation. Failure to identify all costs in a manner consistent with the instructions in this Solicitation is sufficient grounds for disqualification.

(9) MINORITY AND WOMEN”S BUSINESS PARTICIPATION

In accordance with the legislative findings and policies set forth in RCW 39.19, the Eastern Washington University encourages participation in all of its Contracts by the State of Washington Minority and Woman Owned Business Enterprise (MWBE) firms either self-identified or certified by the Office of Minority and Women’s Business Enterprises (OMWBE).

While EWU does not give preferential treatment, it does seek equitable representation from the minority and women’s business community. Further, Bidders are encouraged to subcontract with firms certified by the Washington State Office of Minority and Women’s Business Enterprises (MWBE) and are encouraged to utilize qualified, local businesses in Spokane County and Washington State where cost effectiveness is deemed competitive and Bidders may contact OMWBE to obtain information on certified firms for potential sub-contracting arrangements. Nothing in this section is intended to prevent or discourage Proposals from non MWBE firms as well as MWBE firms. Proposers who are MWBE or intend to use MWBE Subcontractors are required to identify the participating firm on Appendix D Proposer Information.

A directory of MWBE firms is published quarterly by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE). Copies of the directory are available from the State OMWBE (360-753-9693) or may be viewed at the Public Works Department, 2702 S 42nd St Suite 201, Tacoma 98409, and the Tacoma Public Library, 1102 Tacoma Avenue South, Tacoma, 98405. Contact the Contract Compliance Office for additional information at (253) 798-7250.

The following information is for reporting purposes only and is voluntary:

Minority, Woman Owned Business: ❒ Certified ❒ Self-Identified

State Certification Number: ___________________________

Veterans Owned Business: ❒ Certified ❒ Self-Identified

State Certification Number: ___________________________

Certified Sate Small Business: ❒ State Certification Number: ___________________________

(10) RESERVED RIGHTS

Eastern Washington University expressly reserves the following rights:

A. To reject any and/or all irregularities in the Quotes submitted.

B. To reject any and/or all Quotes or portions thereof.

C. To base awards with due regard to quality.

D. To make the award to any Vendor whose Quote, in the opinion of the Buyer and Purchasing management, is the lowest and best Quote.

E. On multiple item Quotes, to select individual items based on cost and qualitative factors unless the procurement professional stipulates “all or nothing” on the Quote.

(11) AWARD CRITERIA

Per RCW 39.26.160, http://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.160 award will be made to the lowest responsible and responsive Vendor based upon, but not limited to, the criteria cited in the RCW.

After award of the bid/quote, copies of the documents or results may be requested by emailing ndecamp@ewu.edu.

Request should contain the bid/quote number, its due date and the information being requested. A charge may be assessed for copies of documents. The bid must be awarded before information can be released.

(12) SELECTION OF APPARENT SUCCESSFUL BIDDER

Final award to apparent successful bidder will be upon issuance of a Purchase Order. Should Apparent Successful

Bidder fail to comply with these solicitations’ terms, specifications and conditions and/or contract negotiations fail to be completed within one (1) month after initiation, the Purchasing Buyer may immediately cease contract negotiations and cancel order. Purchasing Buyer may declare the Bidder with the second lowest cost the new Successful Bidder and enter into contract negotiations with that Bidder. This process will continue until no qualified Bidders remain.

http://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.160 mailto:ndecamp@ewu.edu

(13) IN-STATE PREFERENCE/RECIPROCITY

Pursuant to RCW 39.26.260, RCW 39.26.270, RCW 39.26.704 and WAC 200-300-075, the Department of Enterprise Services has established a schedule of percentage increases to be added to Response from Bidders in states that grant a preference to Contractors located in their state or for goods manufactured in their state. The percentages related to each respective state are provided in the Reciprocity List located at http://www.des.wa.gov/services/ContractingPurchasing/Pages/ReciprocalPreference.aspx and apply only to Response received from those states listed. The appropriate percentage will be added to each Response bearing the address from a state with in-state preferences rather than subtracting a like amount from Washington State Bidders. This action will be used only for analysis and award purposes. In no instances shall the increase be paid to a Bidder whose Response is accepted and awarded a Contract.

(14) COMPLAINT PROCESS

Pursuant to RCW 39.26.170, the complaint process allows bidders to focus on the solicitation requirements and evaluation process and raise issues with these processes early enough in the process to allow EWU to correct a problem before bids are submitted and time expended on evaluations. Complaints may be made only by vendors who intend to submit a response to the solicitation. Complaints filed on the day solicitation responses are due shall be reviewed and considered if time permits. Complaints that do not follow these procedures shall not be considered.

The procurement complaint process will meet the following minimum requirements:

1) Bidders will be given an opportunity to submit a complaint to the EWU based on any of the following:

a) The solicitation unnecessarily restricts competition;

b) The solicitation evaluation or scoring process is unfair or flawed; or

c) The solicitation requirements are inadequate or insufficient to prepare a response.

2) Bidders will be allowed to submit complaints up to 5 business days prior to the bid response deadline. Complaints must meet the following requirements:

a) Must be in writing.

b) Must be sent to the procurement coordinator, or designee.

c) Should clearly articulate the basis for the complaint.

d) Should include a proposed remedy.

3) The procurement coordinator or designee will respond to complaints in writing. The procurement coordinator will consider all available facts and provide a response to the bidder. The response will include the decision, how the review was conducted and the basis upon which a decision was made.

4) The response to complaints including any changes to the solicitation will be posted as an amendment on WEBS.

5) The Purchasing Manager will be notified of all complaints and provided a copy of the response.

6) The complaint may not be raised again during the protest period.

7) The complaint process does not include an appeal process. This complaint procedure constitutes the sole administrative remedy available to vendors under this solicitation.

(15) PROTEST PROCEDURE:

Pursuant of RCW 39.26.170, the protest process occurs after the bids are submitted and evaluated. This allows bidders to focus on the evaluation process to ensure its integrity and fairness. Protests can raise issues related to the evaluation process as set out in the solicitation or how the process was executed. This allows for evaluation process errors and problems to be corrected before a contract is executed. Protests that do not follow these procedures shall not be considered.

The protest process will meet the following requirements:

1) After the announcement of the apparent successful bidder (ASB), bidders will be offered a debriefing upon written request.

2) Bidders will be given 3 business days after the ASB is announced to request a debriefing.

3) Bidders are required to participate in a debriefing as a prerequisite for submitting a protest.

4) Bidders will be given 5 business days after their debriefing to file a written protest.

http://www.des.wa.gov/services/ContractingPurchasing/Pages/ReciprocalPreference.aspx

5) The protest process will allow bidders an opportunity to submit a protest based only on the following:

a) A matter of bias, discrimination, or conflict of interest on the part of an evaluator;

b) Errors in computing the scores; or

c) Non-compliance with procedures described in the procurement document or EWU protest process.

6) Protests are to be submitted to the EWU Purchasing Manager and the procurement coordinator.

7) A written response within 10 business days from receipt of the protest, unless additional time is needed. The protesting bidder shall be notified if additional time is needed.

8) The final determination of the protest shall:

● Find the protest lacking in merit and uphold EWU’s action; or

● Find only technical or harmless errors in EWU’s acquisition process and determine EWU to be in substantial compliance and reject the protest; or

● Find merit in the protest and provide EWU options which may include:

-- Correct the errors and re-evaluate all proposals, and/or

-- Reissue the solicitation document and begin a new process, or

-- Make other findings and determine other courses of action as appropriate.

9) The protest decision is final. If a protesting bidder does not accept the protest response, the bidder may try to seek relief from superior court. If EWU determines that the protest is without merit, EWU will enter into a contract with the apparent successful vendor. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

● A matter of bias, discrimination or conflict of interest on the part of an evaluator;

● Errors in computing the score;

● Non-compliance with procedures described in the procurement document or EWU policy.

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, or 2) EWU’s assessment of its own and/or other agencies needs or requirements.

Upon receipt of a protest, a protest review will be held by EWU. EWU’s Director or an employee delegated by the Director who was not involved in the procurement will consider the record and all available facts and issue a decision within five (5) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another Vendor that also submitted a proposal, such Vendor will be given an opportunity to submit its views and any relevant information on the protest to the RFQ Coordinator.

(16) EASTERN WASHINGTON UNIVERSITY STANDARD TERMS AND CONDITIONS

See attached Exhibit B for proposed contract terms.

EXHIBIT A: PROPOSER CERTIFICATION

Proposer makes the following certifications and assurances as a required element of the Proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related Contract:

1. Proposer declares that all answers and statements made in the Proposal are true and correct.

2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, Proposer may freely join with other persons or organizations for the purpose of presenting a single Proposal.

3. The attached Proposal is a firm offer for a period of 90 days following the due date for receipt of Proposals, and it may be accepted by EWU without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 90-day period.

4. In preparing this Proposal, Proposer has not been assisted by any current or former employee of the State of

Washington whose duties relate (or did relate) to this Proposal or prospective Contract, and who was assisting in other than his or her official, public capacity. If there are exceptions to these assurances, Proposer has described them in full detail on a separate page attached to this document.

5. Proposer understands that EWU will not reimburse Proposer for any costs incurred in the preparation of this Proposal.

All Proposals become the property of EWU, and Proposer claims no proprietary right to the ideas, writings, items, or samples, unless so stated in this Proposal.

6. Proposer agrees that submission of the attached Proposal constitutes acceptance of the solicitation contents and the attached sample Contract and general terms and conditions. Proposer also states that, unless required by law, it has not disclosed its prices and/or cost data which have been submitted with its Proposal to any competitor or other Proposer and will not make any such disclosure prior to an/the Apparent Successful Bidder being selected. If there are any exceptions to these terms, Proposer has described those exceptions in detail on a page attached to this document.

7. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.

8. Proposer grants EWU the right to contact references and others, who may have pertinent information regarding the ability of the Proposer and the lead staff person to perform the services contemplated by this Competitive Solicitation

9. Wage Theft. I/we certify as follows:

☐ This firm has NOT been determined by a final and binding citation and notice of assessment issued by the

Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW Chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced solicitation date.

OR

☐ This firm has been determined by a final and binding citation and notice of assessment issued by the Washington

Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, a provision of RCW Chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced solicitation date.

10. Supporting Worker’s Rights. I/we certify as follows:

☐ This firm does NOT require its employees to sign, as a condition of employment, mandatory individual arbitration clauses and class or collective action waivers.

OR

☐ This firm DOES require its employees to sign, as a condition of employment, mandatory individual arbitration clauses and class or collective action waivers.

11. Debarment. I/we certify as follows:

http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52

☐ NO DEBARMENT. Proposer and/or its principals are not presently nor has ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with any federal, state, or local governmental entity within the United States.

OR

☐ DEBARRED. As detailed on the attached explanation (Proposer to provide), Proposer and/or its principals presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with a federal, state, or local governmental entity within the United States.

12. Criminal Offence. Proposer (including Proposer’s officers) certifies as follows:

☐ NO CRIMINAL OFFENSE. Proposer has not, within the three (3) year period preceding the date of this

Competitive Solicitation, been convicted or had a civil judgment rendered against Proposer for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Proposer further certifies that it is not presently indicted or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in this paragraph.

OR

☐ CRIMINAL Offense. As detailed on the attached explanation (Proposer to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Proposer has been convicted or had a civil judgment rendered against Proposer for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

13. Taxes. Proposer certifies as follows:

☐ TAXES PAID. Except as validly contested, Bidder is not delinquent and has paid or has arranged for payment of all taxes due to the State of Washington and has filed all required returns and reports as applicable.

OR

☐ DELINQUENT TAXES. As detailed on the attached explanation (Bidder to provide), Bidder has not paid or arranged for payment of all taxes due to the State of Washington and/or has not timely filed all required returns and reports as applicable.

14. Financially Solvent. Proposer certifies as follows:

☐ FINANCIALLY SOLVENT. Bidder is financially stable and solvent, has adequate cash reserves to meet all financial obligations, has not commenced bankruptcy proceedings voluntarily or otherwise, and is not subject to any judgments, liens, or encumbrances of any kind affecting title to any Goods or Services that are the subject of this Competitive Solicitation.

OR

☐ NOT FINANCIALLY SOLVENT. As detailed on the attached explanation (Bidder to provide), Bidder is not financially stable and solvent – i.e., Bidder does not have adequate cash reserves to meet all financial obligations, has commenced bankruptcy proceedings voluntarily or otherwise, or is subject to a judgment, lien, or encumbrance that affects title to the Goods or Services that are the subject of this Competitive Solicitation.

15. Contract Termination for Default or Cause. Proposer certifies as follows:

☐ NO TERMINATION FOR DEFAULT OR CAUSE. Bidder has not, within the three (3) year period preceding the date of this Competitive Solicitation, had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

OR

☐ TERMINATION FOR DEFAULT OR CAUSE. As detailed on the attached explanation (Bidder to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Bidder has had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

16. Authorization to Conduct Business. Proposer certifies as follows (must check one):

☐ CURRENT AUTHORIZATION. Proposer has completed all required filings and/or registrations required of Proposer to conduct business in the State of Washington, and the state where Proposer is registered if different from the State of Washington and registration is required. If Proposer has a Unified Business Identifier (UBI) number, Proposer’s UBI number is: ________________________________.

OR

☐ PROPOSER WILL RECEIVE AUTHORIZATION. As detailed on the attached explanation (Bidder to provide), Proposer has not currently completed all required filings and/or registrations to conduct business in the State of Washington and/or the state where Proposer is registered, if different from the State of Washington, but Proposer will complete all necessary filings and/or registrations within twenty-four (24) hours of designated as the/an Apparent Successful Bidder by EWU, and will provide proof of such to EWU. Failure to provide evidence of required registrations within said twenty-four hours will result in Proposer being deemed a nonresponsive bid.

OR

☐ PROPOSER IS NOT AUTHORIZED. Proposer has not completed all required filings and/or registrations required of

Proposer to conduct business in the State of Washington, and the state where Proposer is registered, if different from the State of Washington. Note: EWU requires all awarded Proposers (including Washington firms and out of state firms) to be authorized to conduct business in the State of Washington, and their home state, if different from the State of Washington. Proposers who are not so authorized will not be awarded a Contract.

17. Proposer (circle one) is/is not submitting proposed Contract exceptions (See Section 16 above, Contract and General Terms & Conditions). If Contract exceptions are being submitted, Proposer has attached them to this form.

On behalf of the Proposer submitting this Proposal, my name below attests to the accuracy of the above statements. Proposer is submitting a scanned signature of this form with its Proposal.

Signature Date

Name

Title

EXHIBIT B: PROPOSED CONTRACT

SERVICES CONTRACT

This Contract is made and entered into by and between Eastern Washington University (“EWU”), located at 526 5th St, Cheney, WA 99004 and the below named firm (“Contractor”).

Name:

Address:

City, State, Zip:

Email:

Phone:

Fax:

EWU and Contractor may be individually referred to as “Party” or collectively referred to as “Parties.”

PURPOSE

The purpose of this Contract is to (enter detailed description of the Contract purpose).

NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part thereof, EWU and Contractor mutually agree as follows:

1. SCOPE OF WORK

A. Exhibit A, attached hereto and incorporated by reference, contains the General Terms and

Conditions governing work to be performed under this Contract, the nature of the working relationship between EWU and Contractor, and specific obligations of both Parties.

B. Contractor will provide services and staff, and otherwise do all things necessary for or incidental to provide product and pricing, as set forth below and as included in EWU’s Request for Quotes (RFQ) #25-CTR04 (Exhibit B), Contractor’s Proposal dated [INSERT DATE] (Exhibit C), and in this Contract. The RFQ and its attachments, as well as Contractor’s Proposal, are herein incorporated as terms of this Contract. Specifically, Contractor will:

i. Identify all tasks, work elements and objectives of the Contract, and timetables by which major parts of the work are to be completed.

C. Contractor shall produce a monthly sales report by the 10th of the following month and provide it to EWU’s Contract Administrator.

2. PERIOD OF PERFORMANCE

A. The period of performance under this Contract will be from [INSERT START DATE] or date of execution, whichever is later, through [INSERT END DATE], unless sooner terminated or extended as provided herein.

B. EWU reserves the right at its sole option to extend the Contract for [INSERT NUMBER] additional [INSERT NUMBER]-year periods; not to exceed a total of [INSERT NUMBER] years ending [INSERT DATE].

3. COMPENSATION

A. Contractor’s compensation for product provided shall be based on the following rates or in accordance with the following terms:

i. Hardware Items _______% off list

ii. Outdoor Supplies ______% off list

iii. Etc.

OR

B. See attached Exhibit X demonstrating prices/discounts available to EWU

4. BILLING PROCEDURES AND PAYMENT

A. EWU will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Contract Administrator not more often than monthly.

B. The invoices shall describe and document to EWU's satisfaction a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract reference number C00XXXX.

C. Contractor shall provide a detailed itemization of expenses, including description, amounts and dates, and receipts for amounts of $50.00 or more when requesting reimbursement.

D. Payment shall be considered timely if made by EWU within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by Contractor.

E. EWU may, in its sole discretion, terminate the Contract or withhold payments claimed by Contractor for services rendered if Contractor fails to satisfactorily comply with any term or condition of this Contract.

F. No advance payment shall be made for the products and services furnished by Contractor under this Contract.

5. CONTRACT MANAGEMENT

A. EWU will appoint a single point of contact that will be the Contract Administrator for this

Contract and will provide Contract oversight. The Contract Administrator will be the principal contact for Contractor for business activities under this Contract. EWU will notify Contractor, in writing, when there is a new Contract Administrator assigned to this Contract.

B. Contractor shall:

i. Competently and efficiently supervise and coordinate the implementation and completion of all Contract requirements specified herein.

ii. Identify Contractor’s Authorized Representative, who will be the principal point of contact for EWU concerning Contractor’s performance under this Contract.

iii. Immediately notify the Contract Administrator in writing of any change of the designated Authorized Representative assigned to this Contract.

iv. Be bound by all written communications given to or received from Contractor’s

Authorized Representative.

6. LEGAL NOTICES - Any notice or demand or other communication required or permitted to be given under this Contract or applicable law will be effective only if it is in writing and signed by the applicable Party, properly addressed, and either delivered in person, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid, certified mail, return receipt requested, via facsimile or by electronic mail, to the Parties at the addresses, email addresses, and fax numbers below.

CONTRACTOR EWU

Contact Name Contact Title Address City, State, Zip

Email:

Phone:

Fax:

[INSERT NAME]

Contracts Specialist 2 218 Tawanka Hall Cheney, WA 99004-2456

Email: contracts@ewu.edu Phone: (509) 359-2253 Fax: (509) 359-7984

Notices will be effective upon receipt. The notice address as provided herein may be changed by written notice given as provided above.

7. INSURANCE

A. General Requirements

i. Contractor shall, at its own expense, obtain and keep in force insurance as follows during the Period of Performance of this Contract. Upon request, mailto:contracts@ewu.edu

Contractor shall furnish evidence in the form of a Certificate of Insurance satisfactory to EWU that insurance, in the following kinds and minimum amounts, has been secured. Failure to provide proof of insurance, as required, may, at EWU’s sole option, result in this Contract’s termination.

ii. Contractor shall include all Subcontractors as insureds under all required insurance policies, or shall furnish separate Certificates of Insurance and endorsements for each Subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of Subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility.

iii. All insurance provided in compliance with this Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by EWU.

B. Specific Requirements

i. Commercial General Liability Insurance: Contractor shall at all times during the

Period of Performance of this Contract, carry and maintain commercial general liability insurance and, if necessary, commercial umbrella insurance for bodily injury and property damage arising out of services provided under this Contract.

This insurance shall cover such claims as may be caused by any act, omission, or negligence of Contractor or its officers, agents, representatives, assigns, or servants.

The insurance shall also cover bodily injury, including disease, illness and death, and property damage arising out of Contractor’s premises/operations, independent contractors, products/completed operations, personal injury and advertising injury, and contractual liability (including the tort liability of another assumed in a business contract), and contain separation of insured’s (cross liability) conditions.

Contractor waives all rights against EWU for the recovery of damages to the extent they are covered by general liability or umbrella insurance.

The limits of liability insurance shall not be less than as follows:

General aggregate limits (other than products-completed operations) $2 million

Products-completed operations aggregate $2 million

Personal and advertising injury aggregate $1 million

Each occurrence (applies to all of the above) $1 million

Fire damage limit (per occurrence) $50,000

Medical expense limit (any one person) $5,000

ii. Professional Liability (Errors and Omissions) Insurance: Limits of liability shall not be less than $1 million per claim and $2 million annual aggregate.

iii. Business Auto Policy: In the event that services delivered pursuant to this Contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease, and death; and property damage caused by an occurrence arising out of or in consequence of the performance of this service by Contractor, Subcontractor, or anyone employed by either.

Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a combined single limit not less than $1 million per occurrence. The business auto liability shall include Hired and Non-Owned coverage.

Contractor waives all rights against EWU for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance.

iv. Employer’s Liability (Stop Gap): Contractor will at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and will maintain Employer’s Liability insurance with a limit of no less than $1 million.

EWU will not be held responsible in any way for claims filed by Contractor or their employees for services performed under the terms of this Contract.

v. Cyberliability Insurance: See Exhibit F for details.

C. Additional Insurance Provisions

All above insurance policies shall include, but not be limited to, the following provisions:

i. Additional Insured: EWU shall be named as an additional insured on all general liability, umbrella, excess, and property insurance policies. All policies shall be primary over any other valid and collectable insurance.

ii. Notice of Policy Cancellation/Non-Renewal

1. For insurers subject to Chapter 48.18 RCW (admitted and regulated by the Washington State Insurance Commissioner), a written notice shall be given to EWU’s Risk Manager or designee 45 calendar days prior to cancellation or any material change to the policy as it relates to this Contract. Written notice shall include the affected Contract reference number.

2. For insurers subject to Chapter 48.15 RCW (Surplus Lines), a written notice shall be given to EWU’s Risk Manager or designee 20 calendar days prior to cancellation or any material change to the policy or policies related to this Contract. Written notice shall include the affected Contract reference number.

3. If cancellation on any policy is due to non-payment of premium, a written notice shall be given to EWU’s Risk Manager 10 calendar days prior to cancellation. Written notice shall include the affected Contract reference number.

iii. Identification: Policies and certificates of insurance shall include the affected Contract reference number.

iv. Insurance Carrier Rating: The insurance required above shall be issued by an insurance company authorized to do business within the State of Washington.

Insurance is to be placed with a carrier that has a rating of A- Class VII or better in the most recently published edition of Best’s Reports. Any exception must be reviewed and approved by EWU’s Risk Manager, by submitting a copy of the Contract and evidence of insurance before Contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and Chapter 284-15 of the Washington Administrative Code (WAC).

v. Excess Coverage: The limits of all insurance required to be provided by Contractor shall be no less than the minimum amounts specified. However, coverage in the amounts of these minimum limits shall not be construed to relieve Contractor from liability in excess of such limits.

vi. Limit Adjustments: EWU reserves the right to increase or decrease limits as appropriate.

D. Industrial Insurance Coverage: Contractor shall comply with the provisions of Title 51 RCW Industrial Insurance. If Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, EWU may terminate this Contract. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from Contractor.

8. ASSURANCES - EWU and Contractor agree that all activity pursuant to this Contract will be in accordance with all the applicable current federal, state and local laws, rules, and regulations.

9. ORDER OF PRECEDENCE - Each of the exhibits listed below is by this reference hereby incorporated into this Contract. In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order:

A. Applicable federal and State of Washington statutes and regulations B. Special Terms and Conditions as contained in this Contract C. Exhibit A – General Terms and Conditions D. Exhibit B – EWU’s RFQ #[INSERT NUMBER] E. Exhibit C – Contractor's Proposal dated [INSERT DATE] F. Any other provision, term or material incorporated herein by reference or otherwise incorporated

10. ENTIRE AGREEMENT - This Contract, including referenced exhibits, represents all the terms and conditions agreed upon by the Parties. No other statements or representations, written or oral, shall be deemed a part hereof.

11. CONFORMANCE - If any provision of this Contract violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law.

12. ELECTRONIC SIGNATURES - A manually signed copy of this Contract, Terms and Conditions or any amendments or other transaction documents delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy.

13. APPROVAL - This Contract shall be subject to the written approval of EWU’s authorized representative and shall not be binding until so approved. The Contract may be altered, amended, or waived only by a written amendment executed by both Parties.

THIS CONTRACT, consisting of [INSERT NUMBER] pages and [INSERT NUMBER] attachment(s), is executed by the persons signing below who warrant that they have the authority to execute the Contract.

CONTRACTOR NAME

Eastern Washington University

SERVICES CONTRACT EXHIBIT A: GENERAL TERMS AND CONDITIONS

1. DEFINITIONS - As used throughout this Contract, the following terms shall have the meaning set forth below:

A. EWU shall mean Eastern Washington University, any division, section, office, unit or other entity of EWU, or any of the officers or other officials lawfully representing EWU.

B. Agent shall mean the Vice President of Business & Finance or assigned delegate authorized to act on behalf of EWU.

C. Contractor shall mean that firm, provider, organization, individual or other entity performing service(s) under this Contract, and shall include all employees of Contractor.

D. Subcontractor shall mean one not in the employment of Contractor, who is performing all or part of those services under this Contract under a separate contract with Contractor. The terms "Subcontractor" and "Subcontractors" means Subcontractor(s) in any tier.

E. Confidential Information means information that may be exempt from disclosure to the public or other unauthorized persons under either Chapter 42.56 of the Revised Code of Washington (RCW) or other state or federal law. Confidential Information includes, but is not limited to, personal information as defined in RCW 19.255.010 and RCW 42.56.590, names, addresses, Social Security numbers, email addresses, telephone numbers, student educational records as defined in the Family Educational Rights and Privacy Act, financial profiles, credit card information, consumer information as defined in 16 C.F.R. § 682.1, driver’s license numbers, protected health information as defined in 45 C.F.R. Parts 160 and 164, law enforcement records, EWU source code or object code, EWU security data, IP addresses, log-on user identification information, configuration parameters, or any information identifiable to an individual that relates to any of the types of information listed above.

2. ACCESS TO DATA - In compliance with RCW 39.26.180, Contractor shall provide access to data generated under this Contract to EWU, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of Contractor’s reports, including computer models and methodology for those models.

3. ADVANCE PAYMENT PROHIBITED - No advance payment shall be made for the products and services furnished by Contractor under this Contract.

4. AMENDMENTS - This Contract may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the Parties.

5. AMERICANS WITH DISABILITIES ACT (ADA) - Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications.

6. ASSIGNMENT - Contractor shall not assign or otherwise transfer its obligations or any claim arising under this Contract without the prior written consent of EWU. Such consent will not be unreasonably withheld. Contractor shall provide a minimum of thirty (30) calendar days advance notification of intent to assign or otherwise transfer its obligations under this Contract. Violation of this provision may be considered a material breach and be grounds for Contract termination. Assignment or transfer of Contract shall not relieve the Contractor from its responsibilities and obligations under the Contract.

7. ATTORNEYS’ FEES - In the event of litigation or other action brought to enforce Contract terms, each Party agrees to bear its own attorney fees and costs.

8. CONFIDENTIALITY/DATA PRACTICES/SAFEGUARDING OF INFORMATION

Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of Confidential Information.

The terms and conditions under which this Confidential Information must be transmitted, stored, and maintained are contained in Exhibit F (Data Sharing Agreement).

To the extent consistent with Chapter 42.56 RCW, the Public Records Act, EWU shall maintain the confidentiality of Contractor’s information marked confidential or proprietary. If a public records request is made to view Contractor’s proprietary information, EWU will notify Contractor of the request and of the date that the records will be released to the requester unless Contractor obtains a court order enjoining that disclosure. If Contractor fails to obtain the court order enjoining disclosure, EWU will release the requested information on the date specified. EWU’s sole responsibility shall be limited to maintaining the above data in a secure area and to notify Contractor of any request(s) for disclosure for so long as EWU retains Contractor’s information in EWU records. Failure to so label such materials or failure to timely respond after notice of request for public disclosure has been given shall be deemed a waiver by Contractor of any claim that such materials are exempt from disclosure.

9. COVENANT AGAINST CONTINGENT FEES - Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by Contractor for securing business.

EWU shall have the right, in the event of breach of this clause by Contractor, to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

10. DISALLOWED COSTS - Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors.

11. DISPUTES - Except as otherwise provided in this Contract, when a dispute arises between the Parties and it cannot be resolved by direct negotiation, either Party may request a dispute hearing with Agent.

A. The request for a dispute hearing must:

i. Be in writing;

ii. State the disputed issue(s);

iii. State the relative positions of the Parties;

iv. State Contractor’s name, address, and Contract number; and

v. Be mailed to the Agent and the other Party’s (respondent’s) project manager within three working calendar days after the Parties agree that they cannot resolve the dispute.

B. The respondent shall send a written answer to the requester’s statement to both the Agent and the requester within five (5) working calendar days.

C. The Agent shall review the written statements and reply in writing to both Parties within ten

(10) working days. The Agent may extend this period if necessary by notifying the Parties.

D. The Parties agree that this dispute process shall precede…