SOKID_RFX0002907_0.00.pdf

Office of Procurement and Contracts 900 SW Jackson St., Room 1001 North Topeka, KS 66612

Phone: 785-296-2376 Fax: 785-296-7240 https://admin.ks.gov/offices/procurement-contracts

Adam Proffitt, Secretary Todd Herman, Director

Laura Kelly, Governor

REQUEST FOR PROPOSAL (RFP)

Bid Event Number: EVT0010856

Requisition ID: 0000055385

Document Number: RFX0002907

Replaces Contract: New

Date Posted: June 10, 2026

Closing Date: July 22, 2026, 2:00 PM

Procurement Officer: Bonnie Edwards Telephone: 785-296-3125 E-Mail Address: bonnie.edwards@ks.gov Web Address: http://admin.ks.gov/offices/procurement-and-contracts/

Agency: Kansas Department of Administration, State Employee Health Benefit Plan

Item: Audit Services

Period of Contract: January 1, 2027 through December 31, 2029

Bid Guarantee: No monetary bid guarantee required.

This Bid Event was recently posted to the Procurement and Contracts Internet website.

The document can be downloaded by going to the following website:

http://admin.ks.gov/offices/procurement-and-contracts/

It shall be the bidder's responsibility to monitor this website on a regular basis for any changes/amendments.

http://admin.ks.gov/offices/procurement-and-contracts/

Event ID: EVT0010856

SIGNATURE SHEET

Item: Audit Services Agency: Kansas Department of Administration, State Employee Health Benefit Plan Closing Date: July 22, 2026, 2:00 PM

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

Posting Date: June 10, 2026 Questions due by: June 24, 2026 Bid closing: July 22, 2026

This RFP consists of the following files:

• Exhibit 1-Technical Proposal** o Section 1- Bid Instructions o Section 2-Proposal Response o Section 3-Terms and Conditions o Section 4-Scope of Work o Section 5-Vendor Qualifications and Questions o Section 6-Performance Standards, Guarantees, and Liquidated Damages

• Exhibit 2- Cost Proposal**

• Exhibit 3- Confidential Information**

• Exhibit 4- Medical Claims Report 2024-2025

• Exhibit 5- April 2026 Enrollment with Plan Data

• Exhibit 6- Performance Guarantee Standard Reporting Format

• Exhibit 7- Language Standards

**Exhibits 1, 2, and 3 must be submitted in separate files.

• File names may not exceed 50 characters, including file extensions.

• Bid documents shall be returned in the same numeric order as posted here.

1. Bidding Instructions

1.1. Bid Event ID / Reference Number

The Bid Event ID / RFP number, indicated in the header of this page, as well as on the first page of this proposal, has been assigned to this RFP and MUST be shown on all correspondence or other documents associated with this RFP and MUST be referred to in all verbal communications.

1.2. Contact with The State on This RFP

All inquiries, written or verbal, shall be directed only to the procurement officer while the bid is open.

Violations of this provision by bidder or state agency personnel may result in the rejection of the proposal.

1.3. Questions/Addenda

Questions requesting clarification of the bid event must be submitted in WRITING to the Procurement Officer prior to the close of business on June 24, 2026, to the following address:

Telephone: 785-296-3125 E-Mail Address: bonnie.edwards@ks.gov Kansas Department of Administration Procurement and Contracts 900 SW Jackson, Suite 1001 N Topeka, KS 66612-1286

1.4. Bid closing:

Contractors and vendors (including any third parties acting on behalf of a Contractor or Vendor) may not communicate or contact directly or indirectly any other State employee, agency, or elected official of the State of Kansas regarding this RFP, except designated State members in attendance during:

• Negotiations

• Contract Signing

• Other times specified in this request

Violations of this provision will result in the immediate rejection of a vendor’s proposal.

1.5. Courtesy Bid - Negotiated Procurement

The Office of Procurement and Contracts is processing this Request for Proposal (RFP) as a Courtesy Bid for the Kansas State Employees Health Care Commission and the State Employee Health Plan. This RFP is not subject to the State of Kansas Statutes, which govern the Office of Procurement and Contracts. Final evaluation and award will be made by the Kansas State Employees Health Care Commission.

1.6. Appearance Before Committee

Any, all, or no bidders may be required to appear before the review committee to explain the bidder’s understanding and approach to the project and/or respond to questions from the Committee concerning the proposal. The Committee reserves the right to request information from bidders as needed. If information is requested, the committee is not required to request the information of all bidders.

Bidders selected to participate in negotiations may be given an opportunity to submit a revised technical and/or cost proposal/offer to the Committee, subject to the specified cut-off time for submittal of revisions. Meetings before the Committee are not subject to the Open Meetings Act. Bidders are prohibited from electronically recording these meetings. All information received prior to the cut-off time will be considered part of the bidder’s revised offer. No additional revisions shall be made after the specified cut-off time unless requested by the Committee.

mailto:bonnie.edwards@ks.gov

1.7. Preparation of Proposal

The Technical proposal (Exhibit 1) shall contain a concise description of bidder's capabilities to satisfy the requirements of this RFP with emphasis on completeness and clarity of content. Repetition of terms and conditions of the RFP without additional clarification shall not be considered responsive. File names may not exceed 50 characters including file extensions. Bid documents should be returned in the same numeric order as the posted bid.

All copies of Cost Proposals (Exhibits 2) shall be submitted in a separate sealed envelope or container separate from the Technical Proposal or Confidential information (Exhibit 3). The outside shall be identified clearly as "Technical Proposal", "Cost Proposal" or “Confidential Information” with the Bid Event ID / RFP number and closing date.

Prices are to be entered into spaces provided on the cost proposal form (Exhibit 2) provided herein.

Computations and totals shall be indicated where required. In case of error in computations or totals, the unit price shall govern. The Committee has the right to rely on any prices provided by bidders. The bidder shall be responsible for any mathematical errors. The Committee reserves the right to reject proposals that contain errors.

A proposal shall not be considered for award if the price in the proposal has not been at arrived at independently and without collusion, consultation, communication, or agreement as to any matter related to price with any other bidder, competitor, or public officer/employee.

1.8. Notices

All notices, demands, requests, approvals, reports, instructions, consents, or other communications (collectively "notices") that may be required or desired to be given by either party to the other shall be IN WRITING and addressed as follows:

Kansas Department of Administration Procurement and Contracts 900 SW Jackson, Suite 1001 N Topeka, Kansas 66612-1286

RE: EVT0010856

Or to any other persons or addresses as may be designated by notice from one party to the other.

1.9. Cost of Preparing Proposal

The cost of developing and submitting the proposal is entirely the responsibility of the bidder. This includes costs to determine the nature of the engagement, preparation of the proposal, submitting the proposal, negotiating for the contract and other costs associated with this RFP.

1.10. Signature of Proposals

Each proposal shall give the complete legal name and mailing address of the bidder and be signed by an authorized representative by original signature with his or her name and legal title typed below the signature line. If the contract's contact will be a different entity, indicate that individual's contact information for communication purposes. Each proposal shall include the bidder's tax number.

1.11. Acknowledgment of Amendments

All bidders shall acknowledge receipt of any amendments to this bid event by returning a signed hard copy with the bid. Failure to acknowledge receipt of any amendments may render the proposal to be non-responsive.

Changes to this bid event shall be issued only by the Office of Procurement and Contracts in writing.

1.12. Modification of Proposals

A bidder may modify a proposal by letter or by FAX transmission at any time prior to the closing date and time for receipt of proposals.

1.13. Withdrawal of Proposals

A proposal may be withdrawn on written request from the bidder to the Procurement Officer at the Office of Procurement and Contracts prior to the closing date.

1.14. Competition

The purpose of this RFP is to seek competition. The bidder shall advise the Office of Procurement and Contracts if any specification, language or other requirement inadvertently restricts or limits bidding to a single source. Notification shall be in writing and must be received by the Office of Procurement and Contracts no later than five

(5) business days prior to the bid closing date.

1.15. Evaluation of Proposals

Award shall be made in the best interest of the State as determined by the Kansas State Employees Health Care Commission (HCC) or their designees. Although no weighted value is assigned, consideration may focus toward but is not limited to:

• Cost. Bidders are not to inflate prices in the initial proposal as cost is a factor in determining who may receive an award or be invited to formal negotiations. The State reserves the right to award to the lowest responsive bid without conducting formal negotiations, if authorized by the

HCC.

• Experience and capacity to provide the requested services

• Adequacy and completeness of proposal

• Bidder's understanding of the project

• Compliance with the terms and conditions of the RFP

• Experience in providing like services

• Qualified staff

• Methodology to accomplish tasks

• Response format as required by this RFP

1.16. Acceptance or Rejection

The Committee reserves the right to accept or reject any or all proposals or part of a proposal; to waive any informalities or technicalities; clarify any ambiguities in proposals; modify any criteria in this RFP;

and unless otherwise specified, to accept any item in a proposal.

1.17. Proposal Disclosures

At the time of closing, only the names of those who submitted proposals shall be made public information. No price information will be released. Interested bidders or their representatives may request the names by submitting an email to: Bonnie.edwards@ks.gov. Please be sure to include the EVT# of the solicitation with your request.

Information in proposal files shall not be released until a contract has been executed or all proposals have been rejected. Copies of individual proposals may be obtained under the Kansas Open Records Act by sending an email to DOA_kora@ks.gov to request an estimate of the cost to reproduce the documents. Upon receipt of the funds, the documents will be mailed.

1.18. Disclosure of Proposal Content and Proprietary Information

1.18.1 All proposals become the property of the State of Kansas. The Open Records Act (K.S.A. 45-215 et seq.) of the State of Kansas requires public information be placed in the public domain at the conclusion of the selection process and be available for examination by all interested parties. No proposals shall be disclosed until after a contract award has been issued. The State reserves the right to destroy all proposals if the RFP is withdrawn, a contract award is withdrawn, or in accordance with Kansas law. Late Technical and/or Cost proposals will be retained unopened in the file and not receive consideration or may be returned to the bidder.

1.18.2 Only those items requested to be submitted within the Confidential Section of the Bid Response will be considered “proprietary”. The Technical response document should not be labeled proprietary, confidential, or in any other manner restrict dissemination of materials under the Open Records Act.

mailto:Bonnie.edwards@ks.gov

Likewise, the Cost/Pricing response document is not considered proprietary and should not be labeled as such. All information requested to be handled as “proprietary” shall be submitted separately from the main proposal and clearly labeled, in a separate envelope or clipped apart from all other documentation. For materials submitted in the bidder shall provide detailed written documentation justifying why this material should be considered “proprietary”. The State Employee Health Plan and the Health Care Commission reserve the right to accept or deny such requests for maintaining information as proprietary in accordance with Kansas Law.

1.18.3 The State of Kansas does not guarantee protection of any information which is not submitted as required.

1.19. Notice of Award

An award is made on execution of the written contract by all parties.

1.20. News Releases

Only the State is authorized to issue news releases relating to this bid event, its evaluation, award and/or performance of the resulting contract.

2. Proposal Response

2.1 Submission of Proposals-Electronically

Bids must be submitted via email to procurement@ks.gov by the due date and time. Subject Line of email must contain EVT0010831 and your company name. File names may not exceed 50 characters including file extensions.

For bids submitted via email, bidder's proposal shall consist of:

• Technical Proposal including the signed Event Details document, applicable literature and other supporting documents, in Microsoft® Word, Excel or searchable PDF®.

• Cost Proposal in Microsoft® Word, Excel or searchable PDF®.

• Confidential Section in Microsoft® Word, Excel or searchable PDF®.

The technical proposal file must be named “EVT0010856 Technical Proposal,” the cost proposal must be named “EVT0010856 Cost Proposal,” and the confidential file must be named “EVT0010856 Confidential Section.”

Bidder’s proposal shall be received no later than 2:00 p.m., Central Time, on the closing date. It is the bidder's responsibility to ensure bids are received by the closing date and time. Delays in email delivery shall not excuse late bid submissions. Max email file size is 20MB, several files can be submitted but must be labeled accordingly (example: Technical Proposal one of three, Cost Proposal two of three, Confidential Section three of three etc.) All descriptions must also contain the required information as listed above.

Faxed or telephoned proposals are not acceptable.

Proposals received prior to the closing date shall be kept in a secure file until closing. The State shall not be responsible for the premature opening of a proposal or for the rejection of a proposal that was not received prior to the closing date because it was not properly identified in the email. Late Technical and/or Cost proposals will be retained unopened in the file and will not receive consideration.

2.2 Proposal Format

Bidders are instructed to prepare their Proposals using the same sequence and numbering as this RFP. The document should be returned in numeric order.

2.3 Bid Responses

Following a review of the vendor’s bid response, the State may request in writing additional clarification or modification of the original bid response or best and final pricing. Vendor’s responses to such requests shall be on company letterhead, signed by the company representative who prepared the response, and shall include the Bid Event number and the date of the response.

2.4 Transmittal Letter

All bidders shall respond to the following statements:

a. The bidder is the prime contractor and is responsible for identifying all subcontractors.

b. The bidder is a corporation or other legal entity.

c. No attempt has been made or will be made to induce any other person or firm to submit or not to submit a proposal.

d. The bidder does not discriminate in employment practices regarding race, color, religion, age

(except as provided by law), sex, marital status, political affiliation, national origin, or disability.

e. No cost or pricing information has been included in the transmittal letter or the Technical Proposal.

f. The bidder presently has no interest, direct or indirect, which would conflict with the performance of services under this contract and shall not employ, in the performance of this contract, any person having a conflict.

g. The person signing the proposal is authorized to make decisions as to prices quoted and has not participated, and will not participate, in any action contrary to the above statements.

h. Whether there is a reasonable probability that the bidder is or will be associated with any parent, affiliate, or subsidiary organization, either formally or informally, in supplying any service or furnishing any supplies or equipment to the bidder which would relate to the performance of this mailto:procurement@ks.gov contract. If the statement is in the affirmative, the bidder is required to submit with the proposal a written certification and authorization from the parent, affiliate or subsidiary organization granting the State and/or the federal government the right to examine any directly pertinent books, documents, papers and records involving such transactions related to the contract. Further, if at any time after a proposal is submitted, such an association arises, the bidder will obtain a similar certification and authorization, and failure to do so will constitute grounds for termination for cause of the contract at the option of the State.

i. The bidder agrees that any lost or reduced federal matching money resulting from unacceptable performance in a contractor task or responsibility defined in the RFP, contract, or modification shall be accompanied by reductions in state payments to the Contractor; and

j. The bidder has not been retained, nor has it retained a person to solicit or secure a state contract on an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the bidder for the purpose of securing business.

For breach of this provision, the State shall have the right to reject the proposal, terminate the contract for cause and/or deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee or other benefit.

2.5 Experience

All bidders are preferred to have a minimum of five (5) years o f continuous active participation in the applicable industry, providing equipment/services comparable in size and complexity to those specified herein.

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-%20sponsors-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 file:///C:/Users/bedwards/State%20of%20Kansas,%20OITS/OPC%20-%20Bid%20Events/EVT0009679/Bid%20Documents/SOKID_RFX0002364_0.00.xml%23bookmark0 https://www.state.gov/state-%20sponsors-of-terrorism/#:~:text=Currently%20there%20are%20four%20countries,)%2C%20Iran%2C%20and%20Syria.&text=For%20more%20details%20about%20State,in%20Country%20Reports%20on%20Terrorism https://www.state.gov/state-%20sponsors-of-terrorism/#:~:text=Currently%20there%20are%20four%20countries,)%2C%20Iran%2C%20and%20Syria.&text=For%20more%20details%20about%20State,in%20Country%20Reports%20on%20Terrorism https://www.state.gov/state-%20sponsors-of-terrorism/#:~:text=Currently%20there%20are%20four%20countries,)%2C%20Iran%2C%20and%20Syria.&text=For%20more%20details%20about%20State,in%20Country%20Reports%20on%20Terrorism

3. Contractual Provisions Attachment DA-146a Rev. 07/19

3.1. Important

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.).

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.