RFQ_Documents.pdf

SPECIFICATIONS & BID FORM – EVT0009845

Electrofishing Boat, Motor, & Trailer

The Kansas Department of Wildlife and Parks is seeking competitive bids for an Electrofishing Boat, Motor, & Trailer

Bid Closing Date: September 5, 2024, at 2:00PM CST

Submission requirements found within bid specifications.

Questions/Addenda: Questions requesting clarification of the bid must be submitted in writing to the Procurement Officer indicated above:

Before the end of the day, on August 23, 2024

Answers to questions will be available in the form of an addendum on the Procurement and Contracts' website, http://admin.ks.gov/offices/procurement-contracts.

It shall be the responsibility of all participating bidders to acquire any and all addenda and additional information as it is made available from the web site cited above. Vendors/Bidders not initially invited to participate in this Bid Event must notify the Procurement Officer (Event Contact) of their intent to bid at least 24 hours prior to the event's closing date/time.

Bidders are required to check the website periodically for any additional information or instructions.

Answers to questions will be available in the form of an addendum on the Procurement and Contracts' website, https://supplier.sok.ks.gov/psc/sokfsprdsup/SUPPLIER/ERP/c/SCP_PUBLIC_MENU_FL.SCP_PUB_BID_CMP_FL.

GBL

It shall be the responsibility of all participating bidders to acquire any and all addenda and additional information as it is made available from the web site cited above. Vendors/Bidders not initially invited to participate in this Bid Event must notify the Procurement Officer (Event Contact) of their intent to bid at least 24 hours prior to the event's closing date/time.

Bidders are required to check the website periodically for any additional information or instructions.

http://admin.ks.gov/offices/procurement-contracts https://supplier.sok.ks.gov/psc/sokfsprdsup/SUPPLIER/ERP/c/SCP_PUBLIC_MENU_FL.SCP_PUB_BID_CMP_FL.GBL https://supplier.sok.ks.gov/psc/sokfsprdsup/SUPPLIER/ERP/c/SCP_PUBLIC_MENU_FL.SCP_PUB_BID_CMP_FL.GBL

Event ID: EVT0009845

1. Specifications:

Kansas Department of Wildlife and Parks is requesting bids for a completed, turn-key (i.e., built completely ready to operate) electrofishing boat constructed to the following specifications:

Boat Specifications:

• Custom 18ft all welded USCG approved.

• Crafted from 0.125” marine grade aluminum; bottom is 0.190”

• Chop V front, flat bottom to stern

• 96-inch beam

• 68-72-inch bottom

• 24-inch sides that transition to 30-inch sides at rear stern area that form the six-inch splash sides

• 48–52-inch front deck with Raised lip

• Access door with storage underneath

• 6” rear/stern splash sides

• Center console with control box rack, with handrails

• Seat Height (32”) with in-seat storage that opens from the back (28” in front and 32” in back)

• Welded on bow safety rail, OSHA approved minimum 42” height from front deck.

• Junction boxes incorporated into bow shock rail for LED shock lights

• At least six high- output LED shock lights (four in the front, one on each side of the bow shock rail)

• Removable pole LED workup light at console

• Aluminum tread plate floor throughout

• 1½” to 2” drain hole in bilge.

• Transducer mounting bracket large enough for two transducers

• 12 gang fuse panel

• (2) 12V accessory receptacles at center console – one USB & one standard in toggle panel

• LED Navigation lights

• Horn and button

• 750 gph bilge pump and switch

• Toggle switch panel

• (2) accessory batteries and battery boxes

• Battery switch o Onboard charging system

• Non-removable, welded-in, divided LiveWell approx. 40” L x 24” W x 26” H. Mounted on legs that places the top of the LiveWell at approx. 33” of height, (Divider bracket mounted on the insides of the LiveWell), 2” outflow drainpipe positioned in bottom aft corner of the LiveWell then exits through the boat hull bottom by free flow.

Aluminum standpipe that fits in the LiveWell drain.

o Dual hinge lid o Inflow fill hose is ¾”, outflow standpipe is 1.5” – 2” flow through water system with plastic fittings

Electrofishing Control Box Specifications:

o DC output voltage 0-600 VDC at 80 A peak o Pulse Rate adjustment from 1 PPS to 300 PPS in 1 PPS increments o Duty Cycle adjustment from 1% to 100% in 1% increments o Voltage adjustment in 1-volt increments o Resettable fishing time o Emergency shut-down switch for operator

Electrofishing Equipment Specifications:

•Two pivot/swing electrofishing booms

• Chain hangers and boom cradles welded on safety rail; cradles allow booms to ride parallel with the gunnels

• Two snags less anode arrays

• Safety switch pressure mat for front deck

• 7kw Honda inverter generator, inverter generator stabilizer; moored

• All stainless-steel hardware

Outboard Motor Specifications:

• 2024 or 2025 Suzuki 90 hp 4 stroke outboard motor

• Hydraulic steering

• Center console controls

• Multifunction tach gauge

• Stainless Steel prop

• Starting battery and box

• 12-gallon top side fuel tank, strap, fittings and hose

• Jack plate with 6” setback with control buttons on console

Heavy Duty Tandem Axle Trailer Specifications:

• Aluminum I-beam construction

• Two 3500 lb. axles

• One of the axles outfitted with surge brakes

• 2-inch coupler

• 7-way connector

• Safety chains

• Swivel jack stand and wheel

• Winch with strap

• LED lights

• Synthetic side bunks

• Roller bottom bunks

• Transom straps and transom saver

• Trailer wheels and tires

• Mounted spare and tire to match, mounted on front of trailer on replacement wheel hub

Miscellaneous Specifications and Requirements:

• Completion date by 7/1/2025 and delivery to Emporia, KS is requested.

• Customer service and future repair of boat and electrofishing equipment must be available from vendor within

600 miles of Emporia, KS.

• Within the bid package, bidders are required to provide pictures of previously built boats similar to the one described in these specifications.

• Within the bid package, bidders are required to provide three references and contact information of customers who have procured finished, turn-key electrofishing boats from the vendor.

WARRANTY: The bidder agrees, if his proposal is accepted, to guarantee the design, material and workmanship of the unit bid according to the standard factory warranty, or for two years, whichever is greater. Warranty coverage shall include costs of transporting the unit to and from dealer's shop, when outside a 100-mile radius of the delivery point, all repair parts and labor shall be included.

2. Cost Sheet

Boat Price $_________________ Shipping and Delivery included

Motor Price $_________________

Trailer Price $_________________

Estimated Delivery Date: _____________________________

General Requirements

1. Bidders are required to submit the bid form, and one copy of a properly completed “Event Details” document, and all additional documents required by the Event Details. Please read the Event Details carefully. Failure to return additional documents with bid could result in delays of Award.

2. All questions related to this bid event should be directed via email to the Procurement Officer indicated in the Event Details. Answers to questions will be available in the form of an amendment on the Procurement and Contracts’ website:

https://supplier.sok.ks.gov/psc/sokfsprdsup/SUPPLIER/ERP/c/NUI_FRAMEWORK.PT_LANDINGPAGE.GBL?&

Bidders are required to check the website periodically for any additional changes to specifications or bid opening date and time changes.

Additional Bid Documents attached below

The unit shall be a current model, new and unused, under standard production by the manufacturer, and of which parts are stocked at one or more locations in Kansas. All parts utilized on the unit shall be new and unused.

Complete specifications and literature on the unit bid shall accompany the bid. Any exceptions to these specifications shall be indicated on the bid or on a separate attachment to the bid, labeled as such.

Any "or equal" or "equivalent" items for brand specified components shall be listed with the bid package.

Complete description and literature on the "or equal" components shall be supplied for consideration by Kansas Wildlife and Parks. The burden of proof regarding "or equal" items will be upon the vendor.

PRE-DELIVERY SERVICE: The unit shall be delivered complete and fully operational. It shall be properly serviced, free of leaks, with all mechanical adjustments made prior to delivery. A copy of the line set ticket shall accompany the vehicles. A minimum of three (3) days’ notice prior to delivery shall be given to the person to whom the unit is to be shipped.

WARRANTY: The bidder agrees, if his proposal is accepted, to guarantee the design, material and workmanship of the unit bid according to the standard factory warranty, or for two years, whichever is greater. Warranty coverage shall include costs of transporting the unit to and from dealer's shop, when outside a 100-mile radius of the delivery point, all repair parts and labor shall be included.

NOTE: In order to properly and completely respond to this Proposal, bidders MUST carefully review ALL sections and respond as required.

https://supplier.sok.ks.gov/psc/sokfsprdsup/SUPPLIER/ERP/c/NUI_FRAMEWORK.PT_LANDINGPAGE.GBL?&

BID SUBMISSION

The Kansas Department of Administration, Office of Procurement and Contracts is currently open to the public and accepting both emailed and hand delivered bids.

All emailed bids must be submitted to Procurement@ks.gov. All bids submitted must be received by the Office of Procurement and Contracts by the specific bid closing date and time of 2:00PM CST.

Please note that you will receive an email that your documents were received, if you do not receive an email there may be an issue, please call 785-296-0002 to confirm that your bid package was received electronically.

All hand delivered bids must be received in our office prior to 2:00PM CST on the closing date at the address below to be considered.

Department of Administration

Procurement and Contracts Proposal # EVT0009845

Closing Date: September 5, 2024 900 SW Jackson, Suite 451 South

Topeka, KS 66612-1286

Bids are not considered received until they are date and time stamped in the Office of Procurement and Contracts. The Office of Procurement and Contracts will not be responsible for late deliveries.

It is the responsibility of the bidder to ensure the bid date and time is met and the EVT number and company name is included in the subject line of the email. Bidders are encouraged to submit bids to the above email address no later than 1:45PM on the bid closing date. This allows time for staff to receive the bid and log it into our system prior to the bid closing at 2:00PM CST.

Invitation for Bids (IFB), Requests for Quotations (RFQ) and A-Bids (ARCH) submissions will be publicly read as needed via telecom on the specified Bid Event Closing date beginning at 2:30pm CST.

Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 785-414-8630,780766580# United States, Topeka Phone conference ID: 780 766 580#

Tab sheet requests for Invitation for Bids (IFB), Requests for Quotes (RFQ) and A-Bids (ARCH) can be requested by emailing tabsheets@ks.gov. Please include the EVT or A-Bid number on your request. Tab sheets will be emailed within five (5) business days of the request.

NOTE: In order to respond to this Invitation for Bid, bidders must carefully review all sections and respond as required properly and completely.

For questions regarding confirmation that your bid has been received by the Office of Procurement and Contracts, please call 785-296-2376.

https://admin.ks.gov/offices/procurement-contracts mailto:Procurement@ks.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGQ4OTg3NTYtODEwYS00OWJiLTllYTMtY2NlOTA5MjMxMDIx%40thread.v2/0?context=%7b%22Tid%22%3a%22dcae8101-c92d-480c-bc43-c6761ccccc5a%22%2c%22Oid%22%3a%221f80ed87-f92a-4df7-8e39-64ea24e21473%22%7d tel:+17854148630,,780766580 mailto:tabsheets@ks.gov https://admin.ks.gov/offices/procurement-contracts/

SIGNATURE SHEET

Item: Electrofishing Boat, Motor, and Trailer Agency: Kansas Department of Wildlife and Parks Closing Date: September 5, 2024

By submission of a bid and the signatures affixed thereto, the bidder certifies all products and services proposed in the bid meet or exceed all requirements of this specification as set forth in the request and that all exceptions are clearly identified.

Legal Name of Person, Firm or Corporation

Mailing Address City & State Zip

Toll Free Telephone Local

Cell Phone Fax Number

Tax Number

CAUTION: If your tax number is the same as your Social Security Number (SSN), you must leave this line blank. DO NOT enter your SSN on this signature sheet. If your SSN is required to process a contract award, including any tax clearance requirements, you will be contacted by an authorized representative of the Office of Procurement and Contracts at a later date.

E-Mail

Signature Date

Typed Name Title

In the event the contact for the bidding process is different from above, indicate contact information below.

Bidding Process Contact Name

Mailing Address City & State Zip

Toll Free Telephone Local

Cell Phone Fax Number

E-Mail

If awarded a contract and purchase orders are to be directed to an address other than above, indicate mailing address and telephone number below.

Award Contact Name

Mailing Address City & State Zip

Toll Free Telephone Local

Cell Phone Fax Number

E-Mail

TAX CLEARANCE INSTRUCTIONS

A “Tax Clearance” is a comprehensive tax account review to determine and ensure that the account is compliant with all primary Kansas Tax Laws administered by the Kansas Department of Revenue (KDOR) Director of Taxation. Information pertaining to a Tax Clearance is subject to change(s), which may arise as a result of a State Tax Audit, Federal Revenue Agent Report, or other lawful adjustment(s).

To obtain a Tax Clearance Certificate, you must:

• Go to http://www.ksrevenue.org/taxclearance.html to request a Tax Clearance Certificate

• Return to the website the following working day to see if KDOR will issue the certificate

• If issued an official certificate, print it and attach it to your signed renewal document

• If denied a certificate, engage KDOR in a discussion about why a certificate wasn’t issued

Per KSA 75-3740-(c), the Director of Purchases may reject the bid of any bidder who is in arrears on taxes due the State of Kansas. The Secretary of the Kansas Department of Revenue is authorized to exchange such information with the Director of Purchases as is necessary to determine a bidder’s tax clearance status, notwithstanding any other provision of law prohibiting disclosure of the contents of taxpayer records or information.

Please Note: Individual and business applications are available. For applications entered prior to 5:00 PM Monday through Friday, results typically will be available the following business day. Tax clearance requests may be denied if the request includes incomplete or incorrect information.

Please Note: You will need to sign back into the KDOR website to view and print the official tax clearance certificate.

Information about Tax Registration can be found at the following website:

http://www.ksrevenue.org/busregistration.html http://www.ksrevenue.org/taxclearance.html http://www.ksrevenue.org/busregistration.html

CERTIFICATION REGARDING

IMMIGRATION REFORM & CONTROL

All Contractors are expected to comply with the Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the Contractor as well as any subcontractor or sub-subcontractor. The usual method of verification is through the Employment Verification (I-9) Form. With the submission of this bid, the Contractor hereby certifies without exception that Contractor has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State’s option, may subject the contract to termination and any applicable damages.

Contractor certifies that, should it be awarded a contract by the State, Contractor will comply with all applicable federal and state laws, standards, orders and regulations affecting a person’s participation and eligibility in any program or activity undertaken by the Contractor pursuant to this contract. Contractor further certifies that it will remain in compliance throughout the term of the contract.

At the State’s request, Contractor is expected to produce to the State any documentation or other such evidence to verify Contractor’s compliance with any provision, duty, certification, or the like under the contract.

Contractor agrees to include this Certification in contracts between itself and any subcontractors in connection with the services performed under this contract.

Signature, Title of Contractor Date

Policy Regarding Sexual Harassment

WHEREAS, sexual harassment and retaliation for sexual harassment claims are unacceptable forms of discrimination that must not be tolerated in the workplace; and

WHEREAS, state and federal employment discrimination laws prohibit sexual harassment and retaliation in the workplace; and

WHEREAS, officers and employees of the State of Kansas are entitled to working conditions that are free from sexual harassment, discrimination, and retaliation; and

WHEREAS, the Governor and all officers and employees of the State of Kansas should seek to foster a culture that does not tolerate sexual harassment, retaliation, and unlawful discrimination.

NOW THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby order as follows:

1. All Executive Branch department and agency heads shall have available and shall regularly review and update at least every three years or more frequently as necessary, their sexual harassment, discrimination, and retaliation policies. Such policies shall include components for confidentiality and anonymous reporting, applicability to intern positions, and training policies.

2. All Executive Branch department and agency heads shall ensure that their employees, interns, and contractors have been notified of the state’s policy against sexual harassment, discrimination, or retaliation, and shall further ensure that such persons are aware of the procedures for submitting a complaint of sexual harassment, discrimination, or retaliation, including an anonymous complaint.

3. Executive Branch departments and agencies shall annually require training seminars regarding the policy against sexual harassment, discrimination, or retaliation. All employees shall complete their initial training session pursuant to this order by the end of the current fiscal year.

4. Within ninety (90) days of this order, all Executive Branch employees, interns, and contractors under the jurisdiction of the Office of the Governor shall be provided a written copy of the policy against sexual harassment, discrimination, and retaliation, and they shall execute a document agreeing and acknowledging that they are aware of and will comply with the policy against sexual harassment, discrimination, and retaliation.

5. Matters involving any elected official, department or agency head, or any appointee of the Governor may be investigated by independent legal counsel.

6. The Office of the Governor will require annual mandatory training seminars for all staff, employees, and interns in the office regarding the policy against sexual harassment, discrimination, and retaliation, and shall maintain a record of attendance.

7. Allegations of sexual harassment, discrimination, or retaliation within the Office of the Governor will be investigated promptly, and violations of law or policy shall constitute grounds for disciplinary action, including dismissal.

8. This Order is intended to supplement existing laws and regulations concerning sexual harassment and discrimination and shall not be interpreted to in any way diminish such laws and regulations. The Order provides conduct requirements for covered persons and is not intended to create any new right or benefit enforceable against the State of Kansas.

9. Persons seeking to report violations of this Order, or guidance regarding the application or interpretation of this Order, may contact the Office of the Governor regarding such matters.

Agreement to Comply with the Policy Against Sexual Harassment, Discrimination, and Retaliation.

I hereby acknowledge that I have received a copy of the State of Kansas Policy Against Sexual Harassment, Discrimination, and Retaliation established by Executive Order 18-04 and agree to comply with the provisions of this policy.

Signature and Date Printed Name

CERTIFICATION OF COMPANY

NOT CURRENTLY ENGAGED IN A BOYCOTT OF GOODS or SERVICES FROM ISRAEL

In accordance with HB 2482, 2018 Legislative Session, the State of Kansas shall not enter into a contract with a Company to acquire or dispose of goods or services with an aggregate price of more than $100,000, unless such Company submits a written certification that such Company is not currently engaged in a boycott of goods or services from Israel that constitutes an integral part of business conducted or sought to be conducted with the State.

As a Contractor entering into a contract with the State of Kansas, it is hereby certified that the Company listed below is not currently engaged in a boycott of Israel as set forth in HB 2482, 2018 Legislature.

Signature, Title of Contractor Date

Printed

Name of Company

CERTIFICATION OF COMPANY NOT CURRENTLY ENGAGED IN

THE PROCUREMENT OR OBTAINMENT OF CERTAIN EQUIPMENT, SERVICES, OR SYSTEMS

WHEREAS, pursuant to Public Law 115-232, Section 889 of the John S. McCain National Defense Authorization Act of 2019, “covered telecommunications equipment or services” is defined as:

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(2) Video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, and Dahua Technology Company (or any subsidiary or affiliate of such entities).

(3) Telecommunications or video surveillance services provided by such entities or using such equipment.

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

WHEREAS, a “covered foreign country” means any of the following: (1) The People’s Republic of China,

(2) The Russian Federation, or (3) any country that is a state sponsor of terrorism1.

WHEREAS, foreign adversaries are increasingly creating and exploiting vulnerabilities in covered telecommunications equipment which store and communicate vast amounts of sensitive information and support infrastructure and emergency services, in order to commit malicious cyber-enabled actions;

WHEREAS, the unrestricted acquisition or use in the State of Kansas of covered telecommunications equipment designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries augments the ability of foreign adversaries to create and exploit vulnerabilities in technological equipment, services, or systems; and

WHEREAS, the State of Kansas has an interest in protecting itself against threats related to foreign adversary’s exploitation of vulnerabilities in covered telecommunications equipment.

THEREFORE, Contractor certifies that it shall not provide or procure to the State of Kansas or any agency thereof any covered telecommunications equipment either in whole or in part of any product or during the commission of any service.

FURTHERMORE, and notwithstanding any other contracts or agreements with Contractor, if Contractor has violated, misrepresented, or otherwise fails to comply with this certification document as determined by the State, the State may terminate any contract without penalty with Contractor immediately.

1 Designations of a “state sponsor of terrorism” may be found at the U.S. Department of State website.

https://www.state.gov/state-sponsors-of-terrorism/#:~:text=Currently%20there%20are%20four%20countries,)%2C%20Iran%2C%20and%20Syria.&text=For %20more%20details%20about%20State,in%20Country%20Reports%20on%20Terrorism.

By signing the below, Contractor acknowledges and agrees to comply with the provisions of this policy.

CONTRACTOR

Signature, Title Date http://www.state.gov/state-sponsors-of-

3. Contractual Provisions Attachment

DA-146a Rev. 07/19

3.1. Important

Provisions Attachment (Form DA-146a, Rev. 07-19), which is attached hereto, are hereby incorporated in this contract and made a part thereof. The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the _____ day of _________________, 20____.

3.2. Terms Herein Controlling Provisions

It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

3.3. Kansas Law and Venue

This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.

3.4. Termination Due to Lack of Funding Appropriation

If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to ninety (90) days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

3.5. Disclaimer of Liability

No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.).

may be canceled, terminated, or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

3.6. Anti-Discrimination Clause

The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44 1001, et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111, et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101, et seq.) (ADA), and Kansas Executive Order No. 19-02, and to not discriminate against any person because of race, color, gender, sexual orientation, gender identity or expression, religion, national origin, ancestry, age, military or veteran status, disability status, marital or family status, genetic information, or political affiliation that is unrelated to the person's ability to reasonably perform the duties of a particular job or position; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A.

44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) Contractor agrees to comply with all applicable state and federal anti-discrimination laws and regulations; (g) Contractor agrees all hiring must be on the basis of individual merit and qualifications, and discrimination or harassment of persons for the reasons stated above is prohibited; and (h) if it is determined that the contractor has violated the provisions of any portion of this paragraph, such violation shall constitute a breach of contract and the contract may be canceled, terminated, or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

3.7. Acceptance of Contract

This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

3.8. Arbitration, Damages, Warranties

Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

3.9. Representative's Authority to Contract

By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

3.10. Responsibility for Taxes

The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

3.11. Insurance

The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.

3.12. Information

No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101, et seq.

3.13. The Eleventh Amendment

"The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

3.14. Campaign Contributions / Lobbying

Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.