RFQ 87483 Shakamak PM Kitchen.pdf

(rev 01/25)

STATE OF INDIANA

Request for Quotation SOLICITATION NO: 87483______

REQUEST FOR: Preventative Maintenance Services on Kitchen Equipment_______________

REQUESTED BY: Shakamak State Park ________________

REQUESTOR: Jen Reeves_________________________________________

PHONE: 317-232-4088__________________ EMAIL: JReeves@dnr.in.gov_______________

YOUR RESPONSE MUST BE RECEIVED BY: Wednesday 5/20/2026 at 10AM EDST_______________________________

GENERAL INFORMATION

The information below is provided to assist you in completing this request. Please note that these instructions may not contain all applicable requirements. Careful reading of this request is imperative. Failure to follow these instructions or those printed throughout this package could lead to rejection of your quotation. It is not necessary to return this page with your response.

• Type or print legibly in black ink all requested information, including prices and extensions, as well as accurate vendor information.

• Manually sign the Signature Page and Contract if applicable.

• E-mail your response to the Requestor listed above. (IF THE RESPONSE IS GREATER THAN $75,000, A MANUAL SIGNATURE IS REQUIRED, THEREFORE A

E-MAIL IS NOT ACCEPTABLE) AGENCY PERSONNEL ARE ONLY AUTHORIZED TO CONDUCT PURCHASES OF THIS DOLLAR AMOUNT ON

MAINTENANCE AGREEMENTS AND SOFTWARE LICENSES.

• Do not add any contractual or payment terms and conditions. Terms and conditions of the award will be those listed in this request package and the resulting

Purchase Order only.

• If you are not eligible to claim the Recycled Preference but are offering recycled content products, please list the percentage of content for EACH LINE ITEM and provide manufacturer certification.

• If you are not willing to accept a split award (partial order), your response must include the statement, “Bidding all or none.”

• Your response must be received by the requested date and time indicated.

• If you have questions regarding this request, contact the requestor listed above.

Bidders are not required to be registered with the Procurement Division to respond to a solicitation. If your quotation is recommended for an award, you will be notified of the registration requirements. You will have five (5) days from the date of notification to complete the registration requirements, or the recommended award will be canceled. To register electronically, visit http://www.in.gov/idoa/2464.htm .

https://protect.checkpoint.com/v2/___http:/www.in.gov/idoa/2464.htm___.YzJ1OnN0YXRlb2ZpbmRpYW5hOmM6bzpkMTc5NGMwNmY3YzliYzBkMTQ1MGM5MzI5ZjQ4MjQyNTo2Ojk4YTQ6OTI2YTZiYjhkYTFhOTg0YzFlZDVlMjFiNDJlNmE0ZDI5YzU4OWI0ZDU5YzY0ZmI0OGY1ZmFkOTViMmY1YmUyZjpwOlQ6Tg

Event Description

RFQ# 0030087483

Sourcing event 0030087483 is for obtaining bids for Preventative Maintenance Services on Kitchen Equipment.

If you are viewing this event through the Bidder Portal, please be sure to check https://www.in.gov/idoa/procurement/current-business-opportunities/ for additional details and documents related to this event.

Completed bids must be emailed to Jen Reeves at JReeves@dnr.in.gov or faxed to 317-972-3275. Attn: Jen Reeves.

A completed bid package MUST be submitted by the Response Due By date/time. The bid package is available for download through the Bid Documents link in the Event Name column. This bid is not eligible for electronic bid through the Supplier Portal. To allow for sufficient processing time in compliance with Indiana State law, all quoted prices offered to the State under this Event must be valid for thirty (30) calendar days after the Response Due By date/time. Pricing must include all applicable charges, fees, and shipping. All questions must be submitted to JReeves@dnr.in.gov no less than 7 days before bidding ends.

General Comments

- This is a request to establish a Contractual Agreement for Preventative Maintenance Services. Contract commencing 06/01/2026 or from date of last State signature, whichever is later and ending 05/31/2027 or one year after the State's last signature, whichever is later. By mutual consent of both parties, contract may be renewed. The term of the contract, including any renewals, may not exceed four (4) years.

Prices may be listed in the unit requested (per Service). Prices listed above and beyond what is requested shall not be considered and shall be reason to reject bid/quote. Prices must be inclusive of all applicable charges.

Event Details

Bidder: INTERNAL EVENT DETAILS

Submit To: Natural Resources Indiana Dept of Natural Resources Purchasing

402 W WASHINGTON ST RM W265

INDIANAPOLIS IN 46204

United States

Contact: Jen Reeves - 00300 Phone: 317/232-4088 Email: JReeves@dnr.IN.gov

State of Indiana Request for Quotation Event ID Format Type Page 00300-0000087483 Buy RFx 1 Event Name 300 SP Shakamak Preventative Maintenance Kitchen Start Time Finish Time

04/15/2026 08:08:34 EDT 05/20/2026 10:00:00 EDT

Line Details No Bid:

Response Comments

Bidder Information Firm Name:

Name: Signature: Date:

Phone #: Fax #:

Street Address:

City & State: Zip Code:

Email:

Service Location: Shakamak State Park 6265 West State Road IN 48 Jasonville, IN 47438

Service Description: Preventative Maintenance Services (per the attached Specifications) for Kitchen Equipment listed on the attached Schedule A:

Qty. 4, Pre-Scheduled Quarterly Services @ $_______________ each X4 = $_____________________

***FOR PREVENTATIVE MAINTENANCE SERVICES ONLY-NOT FOR SYSTEM REPAIRS***

Exhibit A

PREVENTATIVE MAINTENANCE SERVICES

BID/CONTRACT SPECIFICATIONS

KITCHEN EQUIPMENT

Revised 10/13/2023

PART 1 – BID REQUIREMENTS

A. Specifications herein will be incorporated with the State of Indiana Professional Services Contract Template (found at https://www.in.gov/idoa/state-purchasing/contract-administration/contract-forms-manuals-and-templates/) to create the full DNR Preventative Maintenance Service Contract. Prior to submitting their completed Request for Quotation (RFQ) bid packet, Contractors are responsible for reviewing all clauses in the template and discussing any desired modifications with the DNR Purchasing Buyer.

B. Prior to bidding, it is the responsibility of each Contractor to thoroughly familiarize themselves with:

• the location(s) of the proposed site(s),

• the tools, materials, parts, and labor necessary to execute the required services,

• each site’s seasonal start-up/shut down timing, maintenance histories, and active equipment warranties, and

• the existence of any deferred maintenance items.

C. Prior to bidding, and/or as soon as it is known throughout the life of the contract, the Contractor shall notify the State, in writing, of any deferred maintenance, or obsolete equipment, parts or components, that are not maintainable under the terms of the contract. Contractors may perform site visits, if desired, prior to submitting bid proposals to inspect and evaluate all equipment relevant to the contract. If notification of non-maintainable equipment occurs prior to the bid due/open date, then the State will inform other bidders accordingly of the disposition of those items, by addendum of these specifications. If no such notification by the Contractor is given, then the Contractor shall be responsible, at no additional charge to the State, for the preventative maintenance services for all items, regardless of condition, as set forth in this contract.

D. At a minimum, pricing which shall be included in the Contractor’s bid are the following: all overhead, profit, equipment, materials, vehicles, tools, overtime, travel expenses, and labor costs for crews performing the scheduled service visits.

PART 2 – GENERAL REQUIREMENTS

A. Failure of the Contractor to meet all terms and conditions in the final, executed contract will result in termination of the contract.

B. Contractor shall perform an initial site inspection separate from and prior to any pre-scheduled service visits. During this initial inspection, the Contractor shall:

• Discuss with the property manager and the operators of equipment, or their designees, any maintenance problems encountered historically,

• Become aware of manufacturer servicing recommendations and any existing equipment warranties,

• Develop a maintenance protocol, and

• Return to proper condition any system that is discovered not to be in proper operation, as defined by equipment maintenance manuals and/or this contract’s specifications, and https://www.in.gov/idoa/state-purchasing/contract-administration/contract-forms-manuals-and-templates/ https://www.in.gov/idoa/state-purchasing/contract-administration/contract-forms-manuals-and-templates/

IDNR Preventative Maintenance Services Bid/Contract Specifications Kitchen Equipment

• Review onsite operations and preventative maintenance documentation (e.g. manufacturer’s maintenance recommendations, conditions reports, inspections, etc.) and provide any relevant maintenance documents that may be missing.

C. It is the responsibility of the Contractor to verify the system equipment and any included appurtenant devices/systems during the initial inspection and, prior to beginning work, provide a written assessment of system equipment and appurtenant devices/systems, including any necessary correction or update to the provided Schedule A (see PART 9 – SCHEDULE A).

D. The State shall provide the Contractor with a reasonable means of accessing the equipment covered by this contract. The Contractor shall be free to start and stop all primary equipment critical to the operation of the systems listed herein as arranged with the site’s property manager or their designee.

E. In the event a system is altered, or if any equipment is added or deleted, the specifications and contract shall be amended by the State as required to reflect these changes.

F. The Contractor shall be liable for damage to property or injury to persons directly resulting from accidents caused by the performance or non-performance of its obligations under this contract.

PART 3 – EMERGENCY SERVICES

A. Contractor may be called upon by the State to provide emergency services related to the systems and equipment identified within the scope of this contract. Emergencies shall be considered as additional to, and outside of, the specifications, terms, and conditions, outlined by this preventative maintenance services contract and its related purchase order. Emergency services are defined as work requested by the State which is outside of the dates identified in the planned maintenance schedule submitted by the Contractor and in exception to the conditions and requirements outlined in the contract’s technical specifications.

B. Emergency calls may occur outside of normal business hours, including evenings, weekends, or holidays, and may necessitate the incurrence of overtime to maintain proper operation of the systems listed herein. The Contractor shall respond by phone to an emergency call within thirty (30) minutes and provide onsite service within a timeframe agreed upon with the site’s property manager or their designee. If the Contractor is unable to respond timely, or is unable to provide the requested emergency service, then the site’s property manager may opt to contact another vendor.

C. Emergency calls shall be invoiced by the Contractor separately from any planned costs allowable under this preventative maintenance services contract.

PART 4 – CODE REQUIREMENTS AND MANUFACTURER INSTRUCTIONS

A. Contractor shall perform the work under this contract in accordance with the requirements of manufacturer recommendations, industry standards, and all Federal, State and Local codes govern the requirements of the services. In case of conflicts between State and Local codes and regulations, State codes and regulations shall prevail.

B. Contractor shall immediately notify the State, in writing, if they observe that these contract specifications are at variance with or in conflict of the service instructions of any manufacturer in any respect.

C. If the Contractor performs any work contrary to State Building Rules and Regulations, ordinances, or any manufacturer's printed instructions, then the Contractor shall bear all costs resulting from such non-compliance.

PART 5 – SCHEDULING SERVICE VISITS

A. All work pursuant to the preventative maintenance services contract shall be performed Monday through Friday, between the hours of 8 am and 5 pm (local site time), unless otherwise authorized in advance by the site’s property manager or their designee. On each scheduled day of service, prior to performing any work or inspections, the Contractor’s personnel shall report to the site’s office to inform the site’s property manager or their designee of their arrival.

B. Each preventive maintenance service visit shall be pre-scheduled and directed from a maintenance management program initiated and maintained by the Contractor.

C. A scheduled visit is defined as the contiguous number of work hours or days required to inspect and service the identified equipment outlined in or implied as covered in the scope of this specification and contract. This, however, does not limit the Contractor from scheduling as many inspections or service calls as deemed practical and necessary to keep all equipment in satisfactory operating condition.

D. Scheduled visits may not begin until the contract and its related purchase order have been fully executed and approved. The Contractor's preventative maintenance schedule shall be submitted to the site’s property manager or their designee, at least seven (7) days prior to the first visit. This schedule shall specify the following:

• Dates of scheduled preventive maintenance service visits per building or equipment

• Description of service to be performed during each visit

• Listing of the service report/work order document(s) that will be submitted by the

Contractor after each service visit

E. Once the Contractor’s maintenance schedule has been submitted and approved, no deviation from the scheduled date(s) of service shall be permitted without prior approval from the site’s property manager or their designee.

F. Any required call-back maintenance within ten (10) calendar days of a scheduled maintenance visit shall be considered a continuation of the visit service period and not considered as a separate emergency visit. Call backs on failed equipment which has not received the required service within the service period shall be considered as covered expenses within this contract and shall not be charged to the State.

G. No additional fees shall be charged to the State for time spent by the Contractor’s personnel awaiting the arrival of additional coworkers or the delivery of tools, materials, parts, or equipment, nor will additional fees be charged for multiple visits resulting from contractor deficiencies including, but not limited to, inexperienced personnel, incorrect or temporary installation of parts/equipment, or poor workmanship.

H. If the Contractor does not appear for a preventative maintenance service visit on the scheduled date(s) and has not made any prior reasonable attempt to reschedule the date(s), then payment shall not be approved for that maintenance period.

PART 6 – SERVICE DOCUMENTATION

A. Immediately upon conclusion of a scheduled preventative maintenance or emergency service visit, the Contractor shall provide the site’s property manager or their designee with a legible service report or work order, including any checklist(s) or notes. If, for some reason, the property manager or their designee cannot be located at the conclusion of the service visit, then the service report/work order shall be provided via email or US Mail by the Contractor directly to the site within three (3) business days after the visit.

B. Service reports/work orders shall state what work was performed on what equipment, as well as the location, the technician’s name, the wrench time for each item, and a list of all parts and materials used during performance of the preventative maintenance service visit.

C. The State shall sign the provided service report/work order and retain one (1) copy. Failure to supply a complete, legible, and acceptable service report/work order will constitute an incomplete service visit.

PART 7 – PAYMENT

A. Payment shall follow all terms and conditions outlined within the preventative maintenance services contract and/or the associated purchase order.

B. The contract pricing base bid shall be payable in arrears.

C. Invoices resulting from preventative maintenance service or emergency visits shall be provided directly to the site’s property manager or their designee either at the conclusion of the service visit or via email or US Mail no later than seven (7) business days after the conclusion of the service visit.

The State shall require the Contractor to update or adjust the invoice date on any invoices not provided in a timely manner.

D. Invoices will not be processed until any necessary post-service visit inspections by the State have been completed.

PART 8 – SUMMARY OF WORK

A. Contractor shall provide sufficient means and methods, including experienced and qualified personnel, to keep all equipment covered by these specifications operating properly.

B. Contractor shall be able to program and service the control systems specific to the site(s) and equipment included in this agreement and shall be responsible for the procurement of any software required to perform this function.

C. Work shall be performed on major items of equipment listed in PART 9 – SCHEDULE A at the site(s) indicated on this bid/contract, plus any appurtenant devices/systems that are related to the listed equipment covered by this contract.

D. This preventative maintenance services program shall include the systematic inspections, service, repair, part replacements, call-back service, testing, cleaning and adjustments, as specified herein, to maintain all Kitchen Equipment in accordance with manufacturer specifications, industry standards, building codes, and State expectations. This includes, but is not limited to, the major pieces of equipment shown on the Schedule A (see PART 9 – SCHEDULE A), and appurtenant devices and systems that are related to the listed equipment.

E. The Contractor shall make four (4) pre-scheduled service visits per year, conducted Quarterly, and perform all necessary preventive maintenance service and repairs as required by these specifications.

PART 9 – SCHEDULE A

For each site covered by this contract, the Schedule A provides the following:

• Contact information for the IDNR site’s property manager or their designee

• Inventory of equipment to be serviced, including its location at the site, description, manufacturer, and other known identifying information

• List of equipment warranties with expiration dates

The Schedule A shall be updated by the Contractor throughout the life of the contract.

The Schedule A document(s) relevant to this contract are attached to these specifications on the following page(s).

SCHEDULE A - Kitchen Equipment Contractor:

PeopleSoft Dept ID: 055739 Address:

Property: Shakamak State Park Phone/Fax:

Address: 6265 W. St. Rd. 48,Jasonville, In 47438 Contact name:

Phone/Fax: Park: 812-665-2158 Office: 812-665-3406 Email:

Property Mgr.: Kenna Duguay Email: kduguay@dnr.in.gov

Inspection Months Contractor Note: Please improve the accuracy of this equipment list as you progress through the year. January, April, July, Contractor will provide four visits a year. & October

Qty of Devices

Location Building or Area

Location Inside Description Manufacturer Identification Other

Information Inspections per Year 1 Group Camp mess Kitchen Walkin freezer condensing Copeland R570C1PfV959 07E50974B 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen walkin freezer evaporator American Panel PALH2059W 35838 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen Walkin freezer door American Panel FW3477.11TWL 35838A 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen Walkin cooler condensing TECUMSEH AWA2479ZXDXC E70210986 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen Walkin cooler evaporator American Panel PAMH1147W 35838 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen Walkin cooler door American Panel FW3477.11TWL 35838B 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen RangeW Griddle Jade JSR246T-8-3636 10619453JV 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen DBL Convection Oven Blodgett DFG-100-3 120606RA046T 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen Fryer W/ filter Frymaster FMPH2555C 0612II0026 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen 30 QT Mixer Hobart D-300 31-1392-248 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen Refrigerated Pass-Thru Traulsen AHT132WPUT-HHS T37162J06 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen Heated Pass-Thru Traulsen AHF132WP-HHS T37166J06 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen Dish Machine Hobart C44A 85-105-6286 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen Booster Heater Hatco S-45 3335200652 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen Sink Heater Hatco CS-9B 3332760652 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen Disposer W Control Panel Insinkerator SS200-27 6129038587 4 Jan, Apr., July, Oct.

1 Group Camp mess Kitchen Serving Table(Cool-warm) NORTHERN

N/A N/A 4 Jan, Apr., July, Oct.

1 Group Camp Mess Hkitchen Refrigeration Unit #1 - 3 Door reach - in Victory N/A AJ311AT-141 4 Jan, Apr., July, Oct.

mailto:kduguay@dnr.in.gov

Solicitation #:_87483_________

TERMS AND CONDITIONS

1. ACKNOWLEDGMENT: This Agreement contains the complete and final Agreement between the State and the Contractor and no other Agreement in any way modifying any of said terms and conditions will be binding upon the State or the Contractor unless made in writing and signed by the State's and the Contractor's authorized representative.

2. PRICING: Unit price must be entered and extended, and the total price of the solicitation must be shown. If there is an error between the unit price and total price, the unit price shall prevail.

Awarded Prices: Prices listed for each item are firm and cannot be changed. Any revision in price may be rejected at the discretion of the IN Dept. of Administration, and may result in cancellation of the Purchase Order without recourse on the part of the awarded Contractor.

3. TERMINATION FOR CONVENIENCE: This Agreement may be terminated, in whole or in part, by the State whenever, for any reason, the State determines that such termination is in the best interest of the State. Termination shall be affected by delivery to the Contractor of a Termination Notice at least thirty (30) days prior to termination effective date, specifying the extent to which performance of services under which such termination becomes effective. The Contractor shall be compensated for performance prior to the notice date of termination but in no case shall total payment made to Contractor exceed the original Agreement price due on Agreement. No price increase shall be allowed on individual line items if canceled only in part.

4. FUNDING CANCELLATION: When the Director of the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of this Agreement, this Agreement shall be canceled. A determination by the Budget Director that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive.

5. INSURANCE: If this Agreement provides for work to be performed by the Contractor for the State, the Contractor shall be responsible for providing all necessary unemployment and workers’ compensation, insurance for the Contractor’s employees and liability and property/casualty insurance, as required by the State. Upon request, the Contractor shall furnish a certificate of insurance showing coverage acceptable to the State.

6. DELIVERY: Delivery must be made at time agreed upon. If any indicated or actual delays arise, the using agency must be notified immediately, in writing, with the cause for such delay stated. If any goods are not delivered within the time specified on the Purchase Order, or within a reasonable time not exceeding 30 days after receipt of a Purchase Order if no time is specified, the using agency may refuse to accept such goods, and this Agreement may be cancelled. Each package shall be numbered and labeled with the State's Purchase Order number, contents and weight, and shall contain an itemized packing slip and be properly packed for shipment.

7. QUANTITY: Goods shipped in excess of quantity designated in the Purchase Order may be returned at the Contractor’s expense.

8. COMPLIANCE WITH SPECIFICATIONS: The goods and/or services shall conform strictly to the specifications, drawings, or samples specified or furnished in connection with the bid/quote, all of which are incorporated herein. The Contractor warrants all goods and/or services delivered to be free from defects of material or workmanship. This warranty shall survive any inspection, delivery, acceptance, or payment by the State of the goods and/or services. Inspections shall be on the State's premises unless otherwise specified. The State shall have the right to reject and return at the Contractor's expense, or to require at the Contractor's expense, the correction or replacement of materials, workmanship, or services which are defective or do not conform to the requirements of the Purchase Order.

9. WARRANTY: The Contractor will furnish all parts and maintenance at no charge for a period of at least 90 days or the manufacturer’s standard warranty, whichever is longer, provided that such maintenance and parts are not required because of accident, neglect, misuse, or force majeure event. Contractor shall be responsible for removal and/or disposal of all replaced parts. Prior to the expiration of the warranty period, whenever equipment is shipped for a mechanical replacement purpose, the Contractor shall bear all cost of such shipment including, but not limited to, cost of packing, transportation, rigging drayage, and insurance. All replacements shall be covered by a new warranty.

10. INTELLECTUAL PROPERTY DEFENSE: The Contractor shall, at its own expense, defend, indemnify and hold harmless the State with respect to any claims that the goods and/or services furnished under this Agreement violates any third-party intellectual property rights including, but not limited to, patents, copyrights, trademarks and trade secrets

11. PAYMENTS: All payments shall be made in arrears in conformance with State fiscal policies and procedures and, as required by IC4-13-2-14.8, by electronic funds transfer to the financial institution designated by the Contractor in writing unless a specific waiver has been obtained from the Auditor of State. No payments will be made in advance of receipt of the goods or services that are the subject of this Agreement except as permitted by IC 4-13-2-20.

12. COMPLIANCE WITH LAWS: The Contractor agrees to comply with all applicable federal, state, and local laws, rules, regulations, or ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment of any state or federal statute or the promulgation of regulations thereunder after execution of this Agreement shall be reviewed by the State and the Contractor to determine whether the provisions of this Agreement require formal modification.

13. COMPLIANCE WITH TELEPHONE SOLICITATIONS ACT: As required by IC 5-22-3-7, the Contractor and any principals for the Contractor certify that (A) the Contractor, except for de minimis and nonsystematic violations, has not violated the terms of (i) IC 24-4.7 [Telephone Solicitation of Consumers], (ii) IC 24-5-12 [Telephone Solicitations], or (iii) IC 24-5-14 [Regulation of Automatic Dialing Machines] in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) the Contractor will not violate the terms of IC 24-4.7 for the duration of the Agreement, even if IC 24-4.7 is preempted by federal law. The Contractor and any principals of the Contractor certify that an affiliate or principal of the Contractor and any agent acting on behalf of the Contractor or on behalf of an affiliate or principal of the Contractor: (A) except for de minimis and nonsystematic violations, has not violated the terms of IC 24-4.7 in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) will not violate the terms of IC 24-4.7 for the duration of the Agreement, even if IC 24-4.7 is preempted by federal law.

14. NONDISCRIMINATION: Pursuant to IC 22-9-1-10 and Civil Rights Act of 1964, the Contractor and its Agents, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, sex, disability, national origin, ancestry or status as a veteran. The Contractor, and its subcontractor(s), if any, shall comply with all applicable affirmative action reporting requirements.

Breach of this covenant may be regarded as a material breach of this Agreement. The Contractor shall comply with Section 202 of Executive Order 11246, as amended, 41 CFR 60-250, and 41 CFR 60-741, as amended.

15. DRUG-FREE WORKPLACE CERTIFICATION: As required by Executive Order No. 90-5, the Contractor hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace. The Contractor will give written notice to the State within ten (10) days after receiving actual notice that the Contractor or an employee of the Contractor in Indiana has been convicted of a criminal drug violation occurring in the Contractor’s workplace.

16. TAXES: Prices listed on an invoice submitted by the Contractor for payment is not to include any tax for which the State is exempt. The State will furnish a tax exempt certificate, if requested by the Contractor. The State will not be responsible for any taxes levied on the Contractor as a result of this Agreement.

17. FORCE MAJEURE: In the event that either party is unable to perform any of its obligations under this Agreement, or to enjoy any of its benefits, because of natural disaster or decrees of governmental bodies not the fault of the affected party (“Force Majeure Event”), the party who has been so affected shall immediately give notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may, by giving written notice, terminate this Agreement.

18. GOVERNING LAWS: This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana and suit, if any, must be brought in the State of Indiana.

19. INFORMATION TECHNOLOGY ENTERPRISE ARCHITECTURE REQUIREMENTS: If Contractor provides any information technology related products or services to the State, Contractor shall comply with all Indiana Office of Technology (IOT) standards, policies, and guidelines, which are online at http://iot.in.gov/architecture/. Contractor specifically agrees that all hardware, software, and services provided to or purchased by the State shall be compatible with the principles and goals contained in the electronic and information technology accessibility standards adopted under Section 508 of the Federal Rehabilitation Act of 1973 (29 U.S.C. 794d) and IC 4-13.1-3. Any deviation from these architecture requirements must be approved in writing by IOT in advance. The State may terminate this Agreement for default if Contractor fails to cure a breach of this provision within a commercially reasonable time.

https://protect.checkpoint.com/v2/___http:/iot.in.gov/architecture/___.YzJ1OnN0YXRlb2ZpbmRpYW5hOmM6bzpkMTc5NGMwNmY3YzliYzBkMTQ1MGM5MzI5ZjQ4MjQyNTo2OmU5ODY6MTc4NTEzMmNhODcyZDljZjkwYTliMTA0ZTU5ZGJlNzQ1ZTJhMDUxNjRlZWEzOTFhNjI4NGI1N2RiMzY4MDg3YTpwOlQ6Tg

Solicitation #:_87483________

CLAIMING PURCHASING PREFERENCES

Each bidder should review the various procurement preferences allowed by State statute. A summary of the preferences can be under Programs and Preferences located at: https://www.in.gov/idoa/3106.htm.

Each bidder must answer the following questions pertaining to purchasing preferences. No preference will be applied unless these questions have been answered and any required attachments included.

1. Are you claiming the U.S. Manufactured Product Preference (IC 5-22-15-21)

This is per individual line and should be noted below Yes _____ No _____

Vendor must provide information at the individual line level in regards to this preference...If yes, the bidder is certifying under penalties of perjury that each of the bidder’s end products, except those listed under the Exceptions section, is a U.S.

Manufactured Product as described in IC 5-22-15-21. A product is manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50% of the cost of all its components. (In determining if a product is manufactured in the United States, only the product and its components shall be considered.)

Please list what line items this preference will apply to:

2. Are you claiming the Preference for Steel Products (IC 5-22-15-25) Yes ___ No ___

3. Are you claiming the Preference to Coal Mined in Indiana (IC 5-22-15-22) Yes ___ No ___

4. Are you claiming the Indiana Business Preference (IC 5-22-15-20.5) Yes ___ No ___

Indicate under which provision for which you are claiming to qualify as an Indiana business, fully complete the Indiana Economic Impact Form (State Form # 51778, and include it with your bid/proposal. Vendors who wish to claim one of the Buy Indiana preferences below, must register from https://www.in.gov/idoa/2467.htm. Click on the Supplier Portal Login link, to register and/or update an existing registration. Indicate interest in learning if the business qualifies for Buy Indiana. Upon answering YES, look for more information via email. Respondents may only select one category as shown below.

Indicate your selection by clicking the check box next to the certification paragraph. Supporting documents may be required. They should be uploaded so the certification team can review. Once this is complete, save your selection and exit your account.

Approval will be documented by a system generated notification sent to the point of contact email address provided within the Bidder Registration profile. This is to be attached as a screenshot (copied/pasted) for response evaluation. If this document cannot be provided, affirm Buy IN status in a letter, on company letterhead. Provide sufficient detail so the State can confirm approval of the entity. Buy IN must be affirmatively claimed and documentation submitted per RFQ instructions.

_____ (1) A business whose principal place of business is located in Indiana.

_____ (2) A business that pays a majority of its payroll (in dollar volume) to residents of Indiana.

_____ (3) A business that employs Indiana residents as a majority of its employees.

_____ (4) A business that makes significant capital investments in Indiana.

Any company that can demonstrate a minimum capital investment of $5 million or more in plant and/or equipment or annual lease payments of $2.5 million or more shall qualifies as an Indiana business under category #4.

_____ (5) A business that has a substantial positive economic impact on Indiana.

Any company that is in the top 500 companies (adjusted) for one of the following categories: number of employees (DWD), unemployment taxes (DWD), payroll withholding taxes (DOR), or Corporate Income Taxes (DOR); qualifies as an Indiana business under category #5.

5. Are you claiming the Indiana Manufactured Preference (IC 5-22-15-20.5) Yes ___ No ___

This preference may only be claimed by respondents who claim the Indiana Business Preference.

Submit necessary documentation detailing a substantial amount of manufacturing, assembly, or production of the products proposed is in the State of Indiana.

6. Are you claiming the preference for supplies that contain recycled or post-consumer materials (IC 5-22-15-16) Yes ___ No ___

The preference does not apply when the purchase description is limited to a supply that contains recycled materials or post-consumer materials

If yes, a manufacturer’s certification must be submitted for each item or group of items for which the offeror is seeking a preference or the preference may not be considered.

https://protect.checkpoint.com/v2/___https:/www.in.gov/idoa/3106.htm___.YzJ1OnN0YXRlb2ZpbmRpYW5hOmM6bzpkMTc5NGMwNmY3YzliYzBkMTQ1MGM5MzI5ZjQ4MjQyNTo2OjRiZWQ6MjdhODBmYTU1ODU3MTNhYWVkYjM0ZWViMTZhZTM0ZmM0ZGYyNDc3YjUyYmM4Yzg5MzhhNTUwNTY1MjNmNmUwMTpwOlQ6Tg https://protect.checkpoint.com/v2/___https:/www.in.gov/idoa/2467.htm___.YzJ1OnN0YXRlb2ZpbmRpYW5hOmM6bzpkMTc5NGMwNmY3YzliYzBkMTQ1MGM5MzI5ZjQ4MjQyNTo2OjQ4Yzc6Mjk5NDA2NTYyMzk1MmVlMGI2NjUyY2ZmODJkMDk4NTE1YWVjYTZjMWZjY2FkYzIxN2YzYTg1MzFmNTcwNzBjNjpwOlQ6Tg

CLAIMING PURCHASING PREFERENCES continued

7. Are you claiming the preference for soybean oil based ink (IC 5-22-15-18) Yes ___ No ___

8. Are you claiming the preference for soy diesel/bio diesel (IC 5-22-15-19) Yes ___ No ___

9. Are you claiming the Indiana Small Business Preference (IC 5-22-15-23) Yes ___ No ___

If yes, bidder must indicate which category of small business concern applies:

___ Wholesale business with annual sales of four million dollars ($4,000,000) or less during its last fiscal year. “Wholesale business, means a business that derives its principal source of income (over 50% of gross revenues) from sales to retailers, other merchants, or industrial, institutional or commercial users who will use the goods for resale or business use. This definition distribution activities.

___ Service business with average sales of five hundred thousand dollars ($500,000) or less for the current and preceding three (3) fiscal years and which employs no more than twenty-five (25) persons. “Service business, “ means a business that derives its principal source of income (over 50% of gross revenues) from the sale of useful artistic, educational, intellectual, literary, or scientific labor from which no necessary tangible commodity is derived.

___ Retail business or business selling services with annual sales and receipts of five hundred thousand dollars ($500,000) or less.“Retail business,” means a business that derives its principal source of income (over 50% of gross revenues) from the sale of supplies to the ultimate consumer.

___ Manufacturing business, which employs no more than one hundred (100) persons. “Manufacturing business” means a business that derives its principal source of income (over 50% of gross revenues) from the sale of goods the firm produces at its own facility made from raw, unfinished materials, as distinguished from the final product.

___ A business in any of the following sectors is not a small business if it employees more than one hundred (100) persons or if its annual sales exceed 5 Million dollars ($5,000,000):

(A) Information Technology

(B) Life Sciences

(C) Transportation

(D) Logistics

___ A business that has a current verification as a veteran owned small business as defined by IC 5-22-14-3.5(a)(1-3).

10. Are you claiming the preference for Indiana farm products (IC 5-22-15-23.5) Yes ___ No ___

11. Are you claiming the preference for foods/beverages that contain high levels of calcium (IC 5-22-15-24) Yes ___ No __

12. Are you claiming the preference for Businesses providing specialized employee services (IC 5-22-15-26)?

Yes ___ No __ If yes, submit the completed Affidavit of Eligibility with solicitation response.

https://www.in.gov/idoa/procurement/supplier-resource-center/programs-and-preferences/preferences/ https://protect.checkpoint.com/v2/___https:/www.in.gov/idoa/procurement/supplier-resource-center/programs-and-preferences/preferences/___.YzJ1OnN0YXRlb2ZpbmRpYW5hOmM6bzpkMTc5NGMwNmY3YzliYzBkMTQ1MGM5MzI5ZjQ4MjQyNTo2OjE4M2U6ZGY4OTMxNDJmN2UwNjBjOWZlZTgyZjJkMWIwNmVjMzQ4ODIzYzM2MGVkM2UzMWMxMjgwYzc2NDQ3ODY2ZmM5ZjpwOlQ6Tg

SF47895 (ELEC1/12)

MINORITY & WOMEN'S BUSINESS ENTERPRISES SUBCONTRACTOR COMMITMENT

Indiana Code 4-13-16.5 and 25 IAC 5 governs the Division of Supplier Diversity program as it relates to the certification, oversight, and responsibilities around the certified Indiana Minority and/or Women Business Enterprises (MWBE). The contract goal for this solicitation is 8% Minority participation and 11% for Women participation.

If participation exists, the vendor must submit with its quote an MWBE Subcontractor Commitment Form. The entity must be on the State of Indiana Certified M/W/IVOSB list at https://www.in.gov/idoa/mwbe.

If participation is met through the use of vendors who supply products and/or services directly to the Respondent, the Respondent must provide a description of products and/or services provided that are directly related to this quote and the cost of direct supplies for this quote. Respondents must complete the Subcontractor Commitment Form in its entirety. The total amount proposed should match the amount entered on the Supplier Commitment form. The subcontractor commitment shall apply to the life of the contract including any time after the initial term.

A signed letter(s), on company letterhead, from the MBE(s) and/or WBE(s) must accompany the MWBE Subcontractor Commitment Form. Each letter shall state and will serve as acknowledgement from the MBE and/or WBE of its subcontract amount, a description of products and/or services to be provided on this project and approximate date the subcontractor will perform work on this contract.

Questions about those rules and requirements should be directed to: Division of Supplier Diversity at (317) 232-3061 or the Supplier Diversity website at https://www.in.gov/idoa/mwbe.

Prime Contractors must ensure that the proposed subcontractors meet the following criteria:

• Must be on the State of Indiana Certified M/W/IVOSB list at https://www.in.gov/idoa/mwbe, on or before the proposal due date.

• Prime Contractor must include with their proposal the subcontractor’s M/WBE Certification Letter provided by IDOA to show current status of certification.

• Each firm may only serve as one classification – MBE, WBE, or IVOSB (see Section 1.22).

• A Prime Contractor who is an MBE or WBE must meet subcontractor goals by using other listed certified firms. Certified

Prime Contractors cannot count their own workforce or companies to meet this requirement. See 25 IAC 5-6-2(d))

• Must serve a Valuable Scope Contribution (VSC). The firm must serve a value-added purpose on the engagement, as confirmed by the State.

• Must provide goods or services only in the industry area for which it is certified.

• Must be used to provide the goods or services specific to the contract.

• National Diversity Plans are generally not acceptable.

MINORITY & WOMEN’S BUSINESS ENTERPRISES SUBCONTRACTOR LETTER OF COMMITMENT

A signed letter(s), on company letterhead, from the MBE and/or WBE must accompany the MWBE Subcontractor Commitment Form.

Each letter shall state and will serve as acknowledgement from the MBE and/or WBE of its subcontract amount, a description of products and/or services to be provided on this project, and approximate date the subcontractor will perform work on this contract.

By submission of the proposal, the Respondent acknowledges and agrees to be bound by the rules and requirements of the State’s Division of Supplier Diversity. Questions about those rules and requirements should be directed to: Division of Supplier Diversity at

(317) 232-3061 or the Supplier Diversity website at https://www.in.gov/idoa/mwbe.

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STATE OF INDIANA MBE/WBE SUBCONTRACTOR COMMITMENT FORM

Quote Number:

TOTAL Quote AMOUNT:

Respondent Firm

Telephone Number

Address Fax Number

City/State/Zip Code

Email Address

Representative

Authorizing Signature

Date Printed Name and Title

Please check if additional forms are attached.

Page ________ of __________

FORM MUST BE COMPLETED IN ITS ENTIRETY WITH COMPLETED LETTERS OF COMMITMENT.

MBE Firm WBE Firm Company Name: Contact Person:

Address: E-mail:

Telephone Number:

Fax Number:

Sub-Contract Amount:

Sub-Contract Percentage of Total Quote:

Describe service/product to be provided. Include the applicable UNSPSC that applies to this commitment.

Provide approximate dates when Sub-Contractor will perform on this project:

MBE Firm WBE Firm

Fax Number:

INDIANA VETERAN OWNED SMALL BUSINESS ENTERPRISES SUBCONTRACTOR COMMITMENT

Indiana Code 4-13-16.5 and 25 IAC 5 governs the Division of Supplier Diversity program as it relates to the certification, oversight, and responsibilities around the certified Indiana Veteran Owned Small Business Enterprises (IVOSB). The contract goal for this solicitation is 3%.

If participation exists, the vendor must submit with its quote an IVOSB Subcontractor Commitment Form. The entity must be on the State of Indiana Certified M/W/IVOSB list at https://www.in.gov/idoa/mwbe.

If participation is met through the use of vendors who supply products and/or services directly to the Respondent, the Respondent must provide a description of products and/or services provided that are directly related to this quote and the cost of direct supplies for this quote. Respondents must complete the IVOSB Subcontractor Commitment Form in its entirety. The total amount proposed should match the amount entered on the Supplier Commitment form. The subcontractor commitment shall apply to the life of the contract including any time after the initial term.

A signed letter(s), on company letterhead, from the IVOSB(s) must accompany the IVOSB Subcontractor Commitment Form. Each letter shall state and will serve as acknowledgement from the IVOSB of its subcontract amount, a description of products and/or services to be provided on this project and approximate date the subcontractor will perform work on this contract.

Questions about those rules and requirements should be directed to: Division of Supplier Diversity at (317) 232-3061 or the Supplier Diversity website at https://www.in.gov/idoa/mwbe.

Prime Contractors must ensure that the proposed subcontractors meet the following criteria:

INDIANA VETERAN OWNED SMALL BUSINESS ENTERPRISES SUBCONTRACTOR LETTER OF COMMITMENT

A signed letter(s), on company letterhead, from the IVOSB must accompany the IVOSB Subcontractor Commitment Form. Each letter shall state and will serve as acknowledgement from the IVOSB of its subcontract amount, a description of products and/or services to be provided on this project, and approximate date the subcontractor will perform work on this contract.

By submission of the proposal, the Respondent acknowledges and agrees to be bound by the rules and requirements of the State’s Division of Supplier Diversity. Questions about those rules and requirements should be directed to: Division of Supplier Diversity at

(317) 232-3061 or the Supplier Diversity website at https://www.in.gov/idoa/mwbe.

• Must be on the State of Indiana Certified M/W/IVOSB list at https://www.in.gov/idoa/mwbe, on or before the proposal due date.

• Prime Contractor must include with their proposal the Subcontractor’s M/WBE Certification Letter provided by IDOA to show current status of certification.

• Each firm may only serve as one classification – MBE, WBE, or IVOSB (see Section 1.22).

• A Prime Contractor who is an MBE or WBE must meet Subcontractor goals by using other listed certified firms. Certified Prime Contractors cannot count their own workforce or companies to meet this requirement.

See 25 IAC 5-6-2(d))

• Must serve a Valuable Scope Contribution (VSC). The firm must serve a value-added purpose on the engagement, as confirmed by the State.

• Must provide goods or services only in the industry area for which it is certified.

• Must be used to provide the goods or services specific to the contract.

• National Diversity Plans are generally not acceptable.

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