REQUEST FOR QUOTATION

Electronic Monitoring

ARFQ DCR2700000009

Facility Published – Rev 8-10-22

SPECIFICATIONS

1. PURPOSE AND SCOPE: The West Virginia Department of Homeland Security – Division of Administrative Services, is soliciting bids on behalf of the West Virginia Division of Corrections and Rehabilitation Services for Electronic Monitoring Services.

2. DEFINITIONS: The terms listed below shall have the meanings assigned to them below.

Additional definitions can be found in section 2 of the General Terms and Conditions.

2.1 “Business Hours” means Monday – Friday 8:00 AM to 5:00 PM EST excluding weekends and Federal and State holidays, which are as follows:

New Year’s Day (January 1) Martin Luther King Day (Third Monday in January) President’s Day (Third Monday in February) Memorial Day (Last Monday in May) Juneteenth (June 19) West Virginia Day (June 20) Independence Day (July 4) Labor Day (First Monday in September) Columbus Day (Second Monday in October) Veterans Day (November 11) Thanksgiving (Fourth Thursday in November) Day After Thanksgiving (Fourth Friday in November) Christmas Day (December 25)

2.2 “Contract Item” means the list of items identified in Section 3.1 below and on the

Pricing Pages.

2.3 “Pricing Pages” means the schedule of prices, estimated order quantity, and totals contained in wvOASIS or attached hereto as Exhibit A, and used to evaluate the Solicitation responses.

2.4 “Solicitation” means the official notice of an opportunity to supply the State with goods or services that is published by the Agency.

3. VENDOR REQUIREMENTS:

3.1 Vendor must have at least two (2) years of experience delivering GPS Services and two (2) years of experience delivering Alcohol Monitoring Services. Vendor shall provide references with its bid proposal.

3.2 The proposed monitoring device must have been installed and in use on an aggregate of at least 500 offenders through one or more contracts with State, Federal, or local government agencies.

ARFQ DCR2700000009

This experience must include at least six (6) months of active monitoring for the model offered in response to this RFQ. The vendor’s experience shall have been met with the vendor acting as the prime contractor in providing all of the above services.

Identify these agencies, volumes, and devices in your solicitation response.

4. GENERAL REQUIREMENTS:

4.1 Contract Items and Mandatory Requirements: Vendor shall provide Agency with the Contract Items listed below on an open-end and continuing basis. Contract Items must meet or exceed the mandatory requirements as shown below.

4.1.1 Electronic Monitoring Bracelets

4.1.1.1 Electronic Monitoring Bracelets must be GPS Units. GPS Units must be tamper resistant.

4.1.1.2 Electronic Monitoring Bracelets must be in clean and “like new” condition, damage free, and in acceptable operative order.

4.1.1.3 Electronic Monitoring Bracelets must be fully functional with WIFI and cellular networks. Agency must utilize dual SIM cards with a minimum of two (2) cellular providers included (with AT&T being one of them).

4.1.1.4 Vendor shall provide “Pre-Cut Straps in Multiple Sizes in ½” to 1” increments. The Pre-Cut Straps must be made of materials that are resistant to being easily cut and must be tamper resistant.

4.1.1.5 Electronic Monitoring Bracelets must have a wireless portable charging system. System must be capable of being fully charged in a maximum of two (2) hours.

4.1.1.6 Electronic Monitoring Bracelets must include a battery. Battery shall have a minimum life of twenty-four (24) hours.

4.1.1.7 Electronic Monitoring Bracelets must have the ability to create multiple zones on approximately 4000 offenders. Agency staff are currently using a minimum of 20 zones per offender, however, there should be as many zones available to them as needed on each individual case.

4.1.1.8 Electronic Monitoring Bracelets must be able to store data on each offender. This data shall be the property of the Agency. Vendor must agree to store this data for the life of this contract. However, vendor could be asked for information later for court subpoena.

ARFQ DCR2700000009

4.1.1.9 Electronic Monitoring Bracelets must be fully waterproof.

4.1.1.10 Electronic Monitoring Bracelets must be able to synchronize with daylight savings time.

4.1.1.11 All devices must be currently registered and approved by the Federal

Communications Commissioner (FCC).

4.1.1.12 Electronic Monitoring Bracelets must be web-based and shall have near Real Time Tracking. GPS shall notify Agency of all violations in near Real Time Tracking via email and text. Email and text numbers shall be put into the vendor’s system by the Agency. Near Real Time Tracking shall be defined as within ten (10) minutes of a violation.

4.1.1.13 Vendor must provide 60 keys/key sets/tools/accessories to place the

GPS Units on the Electronic Monitoring Bracelets.

4.1.1.14 GPS Units must be available in 1-piece and Alcohol Monitoring with both devices being accessible on one web-based platform.

4.1.2 Alcohol Monitoring Equipment/Service

4.1.2.1 Alcohol Monitoring System must be in clean and “like new” condition, damage free, and in acceptable operative order.

4.1.2.2 Alcohol Monitoring System must be fully functional with WIFI and cellular devices. Devices must be fully functional with WIFI and cellular networks. Agency must have the option of utilizing dual SIM cards with a minimum of two (2) cellular providers included (with AT&T being one of them)

4.1.2.3 Agency must be able to retrieve the data daily from the units without having to wait to collect the data when the agency staff see the offenders in person. Equipment needs to function adequately with Wi-Fi or cellular in order to prevent the unit from going into “unable to connect” mode.

4.1.2.4 Vendor shall provide Pre-Cut Straps in Multiple Sizes in ½” to 1” increments. The Pre-Cut Straps must be made of materials that are resistant to being easily cut and must be tamper resistant. Straps must be provided at no cost to the agency.

ARFQ DCR2700000009

4.1.2.5 Alcohol Monitoring System must have a wireless portable charging system. System must be capable of being fully charged in a maximum of two (2) hours.

4.1.2.6 Alcohol Monitoring System must include a battery. Battery shall have a minimum life of twenty-four (24) hours.

4.1.2.7 Alcohol Monitoring System must be able to store data on each offender. This data shall be the property of the Agency. Vendor must agree to store this data for the life of this contract. However, vendor could be asked for information later for court subpoena.

4.1.2.8 Alcohol Monitoring System must be water resistant.

4.1.2.9 Alcohol Monitoring System must be able to synchronize with daylight savings time.

4.1.2.10 Alcohol Monitoring System must have been in use and installed on offenders through one (1) or more contracts with County, State, or Federal government agencies. This experience must have been within the past six (6) consecutive months prior to the bid submittal date.

This verification must be available upon request.

4.1.2.11 Alcohol Monitoring Equipment must have been in use at a minimum of six (6) consecutive months through one or more contracts with County, State, or Federal government agencies.

4.1.2.12 The manufacturer must have ISO 9001 Certification. Agency has the right to request verification at any time. Vendor shall have twenty-four (24) hours to provide this verification after the Agency submits its request for same.

4.1.2.13 All Alcohol Monitoring Equipment must be currently registered and approved by the Federal Communications Commission (FCC).

4.1.2.14 Vendor shall provide all systems and equipment (software and hardware) required for the service delivery, regardless of the actual number of units, including but not limited to:

4.1.2.14.1 A system with a database to monitor offender testing and communication of data to the vendor’s system.

4.1.2.14.2 All software and hardware required to access the

internet except for the Agency personal computer.

ARFQ DCR2700000009

4.1.2.14.3 All labor, materials, equipment, cellular wireless service costs and consumables necessary to perform Alcohol Testing Services on an as-needed basis.

4.1.2.15 Alcohol Monitoring Equipment must be transdermal and attach to the individual’s body.

4.1.2.16 Alcohol Monitoring Equipment must be capable of taking a controlled sample from the offender’s insensible perspiration and which will be stored in the system’s memory or a supervised test.

4.1.2.17 When bidding a transdermal alcohol device, Alcohol Monitoring

Equipment must be capable of conducting continuous monitoring interval testing. This shall be able to be set up by Agency Staff on a per offender case.

4.1.3 Monitoring Facility

4.1.3.1 Monitoring Facility must have been in use for a minimum of six

(6) consecutive months through one or more contracts with state government agencies at the time of bid submittal. This experience shall be with the same government agencies listed in 3.2. The vendor shall have been the prime contractor for any contract services performed by any subcontracted monitoring service center or help-desk facility. This verification must be available upon request.

4.1.3.2 Vendor shall provide a secure confidential monitoring service center and help-desk facility that provides service twenty-four(24) hours a day, seven (7) days a week, three hundred sixty-five(365) days a year including all holidays. Monitoring Facility shall cover the GPS System and the Alcohol Monitoring System.

4.1.3.3 Monitoring Facility shall be clean, well-maintained, safe and secure for all personnel as well as compliant with Federal, State, and Local Guidelines regarding safety.

4.1.3.4 Monitoring Facility shall always be secure from unauthorized entry. Monitoring Facility shall also have disaster mitigation features including, but not limited to, fire resistant, earthquake resistant, and hurricane resistant. Vendor shall provide a copy of its Business Continuity Plan upon request by Agency.

4.1.3.5 Monitoring Facility shall permanently install a functioning emergency backup power source. This shall be independent of its

ARFQ DCR2700000009

main power source.

4.1.3.6 Monitoring Facility shall have ventilation and temperature controls adequate to ensure proper function of the facility’s hardware.

4.1.3.7 In the event of a disaster, the vendor must provide a backup Monitoring Facility located sufficiently distanced from the primary facility.

4.1.4 Data Control Center

4.1.4.1 Data Control Center must have the ability to house multiple physical security features. Vendor shall meet at minimum the National Institute of Standards and Technology regulations.

4.1.4.2 Vendor’s Data Control Center physical security shall have at a minimum the following but not limited to:

4.1.4.2.1 Authorized Key Access for Entry and Exit Points

4.1.4.2.2 Closed Circuit Cameras for close monitoring

4.1.4.2.3 Secured Computer Room

4.1.4.2.4 Gas Fire Suppression

4.1.4.2.5 Redundant Air Condition System

4.1.4.3 Data Control Center shall be clean, well-maintained, safe and secure for all personnel as well as compliant with Federal, State, and Local Guidelines regarding safety.

4.1.4.4 Data Control Center shall be for the GPS System and the Alcohol

Monitoring System.

4.1.4.5 Data Control Center shall always be secure from unauthorized entry. Data Control Center shall also have disaster mitigation features including, but not limited to, fire resistant, earthquake resistant and hurricane resistant.

4.1.4.6 Data Control Center shall permanently install a functioning emergency backup power source. This shall be independent of its main power source.

4.1.4.7 Data Control Center shall have ventilation and temperature controls adequate to ensure proper functions of the center’s hardware.

4.1.4.8 All backup systems in the Data Control Center must be tested on

ARFQ DCR2700000009

a daily, weekly, and monthly basis.

4.1.4.9 In the event of data disruption, vendor shall provide a secondary Data Control Center within sixty (60) minutes of initial system failure. Vendor shall certify that it has a secondary Data Control Center. Upon request, vendor shall provide a detailed plan of its secondary Data Control Center to Agency.

4.1.5 Data Storage

4.1.5.1 Vendor shall ensure that all records remain the property of the Agency and shall be returned within a maximum of thirty (30) days, in the event the contract is canceled or terminated.

4.1.5.2 Data Storage shall be for the GPS System and the Alcohol

Monitoring System.

4.1.5.3 Vendor shall record all data as historical transaction records. This data shall be archived for possible retrieval in a data base. Data will be the property of the Agency. Vendor shall be responsible to store all data for the life of this contract. However, vendor could be asked for information later for a court subpoena.

4.1.5.4 All historical data must be centrally stored and accessible for reporting purposes.

4.1.5.5 Agency shall have the right to request any historical record as a hard copy or PDF file. At no extra cost to Agency, vendor shall deliver the historical records to the Agency within seven (7) days after receiving written request from the Agency Program Manager.

Vendor shall provide a secure online portal. In the event this portal shall be inaccessible, vendor shall be able to provide PDF files or plain emails. Data storage shall be secure at all times.

4.1.6 Monitoring Facility Staff

4.1.6.1 All staff shall be certified by the original equipment manufacturer and must be well versed in all aspects of the system including but not limited to:

4.1.6.1.1 Enrolling participants via the internet for immediate activation of all monitoring services.

4.1.6.1.2 Accessing, reviewing, and changing participant data via the internet.

ARFQ DCR2700000009

4.1.6.1.3 Troubleshooting equipment.

4.1.6.1.4 Monitoring and tracking problems.

4.1.6.1.5 Terminating participants via the internet.

4.1.6.1.6 Operators must respond to equipment and system

issues, including installation issues.

4.1.6.2 No felons shall be employed by the Monitoring Facility. Upon

Agency request, vendor shall provide a copy of employee background check.

4.1.7 Monitoring Services System

4.1.7.1 Vendor shall provide a twenty-four (24) hour support hot line.

Vendor will provide Agency with a toll-free number. This shall be available twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year including all holidays.

This support hot line must be answered by a live agent.

4.1.7.2 Problems shall be fixed within twenty-four (24) hours or replacement equipment shall be given to the Agency for temporary use at no extra cost.

4.1.7.3 The Monitoring Services System and software must allow for the following actions over a secure and protected internet or remote access. The Agency staff shall be able to complete a new participant enrollment including all relevant personal information for each participant including but not limited to:

4.1.7.3.1 Name, address, telephone number, equipment

number, officer name, curfew information temporary and permanent schedule

4.1.7.3.2 Data/curfew changes

4.1.7.3.3 Caseload review

4.1.7.3.4 Report analysis

4.1.7.3.5 Terminate participants

4.1.7.4 The Monitoring Services System shall maintain accurate historical logs of all telephone, text message, emails and fax calls attempted and completed. This shall include, but is not limited to: date, time, and the associated incident. The vendor shall make these logs available to the Agency upon written request within seven (7) days of receiving the approval letter from the Agency Program Manager.

ARFQ DCR2700000009

4.1.7.5 All curfew and equipment status alerts shall be reported to Agency Program Manager or his/her designee immediately or upon expired grace period. Grace period shall be defined as within ten

(10) minutes. Alerts shall be reported by web-based system and/or email. Additionally, alert reports may be provided by fax and/or telephone on an optional basis.

4.1.7.6 The Monitoring Services System shall notify the Agency Program

Manager or his/her designee via Email or text of any interruption in service or processing delay with the Monitoring Services System lasting more than sixty (60) minutes. Email and/or text messaging notification must be available twenty-four (24) hours a day.

4.1.7.7 The Monitoring Services System shall always have a backup system in place. This shall be redundant inbound and outbound communication services, provided by distinct outbound communication services, provided by distinct carriers and/or methods, such that the failure of the primary service or method shall not adversely affect the secondary (backup) service or method. The Agency shall have the right to request any documentation about the backup system at any time. This information must be presented to the Agency within five (5) business days.

4.1.8 Alert Notifications

4.1.8.1 Vendor shall make available the option to have alert notifications in near real time to the Agency staff by email or text when any of the following occur. Near real time is defined as within ten (10) minutes of a violation.

4.1.8.1.1 Non-compliance with pre-determined curfews.

4.1.8.1.2 Participant entry and exit at unauthorized times.

4.1.8.1.3 Tampering with the transmitter/receiver or any of its components.

4.1.8.1.4 Failure of the receiver to report at pre-determined time.

4.1.8.1.5 Loss and/or restoration of telecommunications.

4.1.8.1.6 Loss and/or restoration of alternating current (AC) power.

4.1.8.1.7 Detection of low power or battery malfunctions in the transmitter or receiver.

4.1.8.1.8 Movement of the receiver to an unauthorized telephone line.

4.1.8.1.9 Detection of operating malfunctions in the receiver or transmitter.

ARFQ DCR2700000009

4.1.8.2 Vendor’s system shall allow Agency staff to select particular alarms that they participate in as well as allow Agency staff to select participant curfew and work schedules as they deem necessary. Agency shall be permitted to choose grace periods on these items as well.

4.1.9 Reports

4.1.9.1 Vendor shall provide the Agency with daily reports. Agency shall have the ability to designate specific Agency staff to receive the reports generated by vendor. These reports shall have at a minimum a column for each of the following categories. The titles may be different but should have the same basic function for the reports:

4.1.9.1.1 Piece Battery

4.1.9.1.2 Piece Motion No GPS

4.1.9.1.3 Piece Strap

4.1.9.1.4 Piece Tamper

4.1.9.1.5 Piece Unable to Connect

4.1.9.1.6 Bracelet Strap

4.1.9.1.7 Device Battery

4.1.9.1.8 Motion No GPS

4.1.9.1.9 Unable to Connect

4.1.9.1.10 Zone

4.1.9.1.11 Total

4.1.9.1.12 Rows with Offender’s Name

4.1.9.1.13 Activations and Deactivation Reports

4.1.9.1.14 Offender Points Reporting

4.1.9.1.15 Crime Scene Correlation Type Reports

4.1.9.2 Vendor shall provide the Agency with an inventory of reports, they shall include, but are not limited to:

4.1.9.2.1 Offenders List

4.1.9.2.2 Events Report

4.1.9.2.3 End of Service

4.1.9.2.4 Schedule Changes

4.1.9.2.5 Offender Program

4.1.9.2.6 Equipment

4.1.9.2.7 Equipment History

4.1.9.3 Vendor’s system shall provide the Agency with the ability to generate a report by date parameters, sorted by location site, identifying the number and type of notifications twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365)

ARFQ DCR2700000009

days a year including all holidays.

4.1.10 Equipment Inventory/Supplies

4.1.10.1 At no additional cost to the Agency, vendor shall supply replacements for lost, stolen, and damaged equipment equal to ten (10%) percent of the Agency’s active units for offenders on an annualized basis.

4.1.10.2 Vendor shall provide and maintain a backup/replacement inventory of monitoring units of a minimum of forty (40%) percent of the actual number of units in use with Agency under this contract at no additional cost. The Agency shall not pay the vendor an inventory fee, storage fee, installation equipment fee or any other related fees.

4.1.10.3 Vendor shall be able to ship equipment within fifteen (15) business day in a “normal” purchase order. Vendor shall be able to ship equipment within twenty-four (24) hours in case of an emergency.

Vendor shall assume all costs associated with shipping (both delivery and return) of all equipment and supplies.

4.1.10.4 All equipment offered in the vendor’s bid submission must be delivered to the Agency with new or like new components.

4.1.10.5 Vendors must provide detailed specification sheets for all proposed products with bid response. Vendors who fail to provide the required specification sheets within the allotted timeframe will be disqualified. This will require EACH SPECIFICATION to be detailed in bid submission.

4.1.10.6 Vendor must inform the Agency in writing, within a minimum of sixty (60) days prior to any product being discontinued and information on the product’s replacement.

4.1.10.7 Vendor must guarantee that any replacement units meet, or exceeds, the current model’s specifications. Vendor must guarantee any proposed replacement units are of equivalent pricing (equal to, or less than) to initially bid units.

4.1.10.8 Current models must be available to the Agency until the proposed replacement units have been approved by the Agency and a Change Order has been fully executed.

4.1.10.9 If any or all of the monitoring systems experience “repeated

ARFQ DCR2700000009

failure” in the first year of ownership, the vendor must replace the computing unit with a new unit of the same make and model or a model equal to or better than what is currently provided under the contract.

4.1.10.9.1 “Repeated Failure” shall be defined as at a minimum three (3) instances of parts failure.

4.1.11 System, Software and Mapping

4.1.11.1 Vendor shall have a secure web-based system and provide the Agency with secure access. This website shall not require any software downloads or remote access to the Agency’s computer to utilize the system. Vendor’s web-based system shall integrate both GPS and Alcohol Monitoring on the same single software platform.

4.1.11.2 Vendor shall provide a web-based system that is capable of being accessed through a password protected internet connection from desktop, laptop, smart-phone or remote means by Agency personnel.

4.1.11.3 Vendor’s web-based system shall be capable of being supported by a database that will supply multiple data fields, subject to final approval by the Agency Program Manager.

4.1.11.4 Vendor’s web-based system shall be available twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days per year including holidays. This application shall provide the ability to efficiently stream aerial mapping data and offender tracking points. This shall be provided at vendor’s expense, along with any software and licenses necessary for Agency interface.

4.1.11.5 Vendor’s web-based application shall be supported across multiple platforms including, but not limited to, Windows, Android, and iOS. Agency shall also be able to use web browsers including, but not limited to Mozilla Firefox, Google Chrome, Microsoft Edge, and Safari to run this application.

4.1.11.6 Vendor’s web-based application shall provide the capability for the Agency to download data and reports from the database.

4.1.11.7 Vendor’s web-based application shall provide the capability for the entry of narrative-style notes by Agency personnel and/or the vendor’s Monitoring Facility staff. These notes will be utilized as

ARFQ DCR2700000009

documentation of steps taken to resolve offender alerts.

4.1.11.8 Vendor’s web-based application shall be able to allow configuration of protocols to enable the features that the Agency wants and to disable those that it does not want. For example:

types of alerts, notifications, zones, categories, etc.

4.1.11.9 Vendor’s web-based application shall be able to record the model and serial number of equipment.

4.1.11.10 Vendor’s web-based application shall be able to assign to users role-based security levels. These shall include, but are not limited to, manager, supervisor, and officer.

4.1.11.11 Vendor’s web-based application shall be able to accept critical event data points and be able to link offender to the event on the map.

4.1.11.12 Vendor’s web-based application shall be able to provide administrative access to website tracking reports showing by user:

how many logins, minutes logged in by month, summary detailed reports with date, duration, time stamp per log on.

4.1.11.13 Vendor’s web-based application shall be able to enable the

Agency to monitor the near real time position for a specific offender’s location at any and all times. Offender location data shall have the ability to upload in intervals that can be selected by the Agency and range from ten (10) minutes to six (6) hours. The system shall provide offender locations upon demand, including latitude and longitude. The system shall also be capable of the following:

4.1.11.13.1 System shall have the ability to be deactivated and activated as Agency staff deems necessary. This shall be controlled through an App.

4.1.11.13.2 Establishing configurable inclusion and exclusion zones.

4.1.11.13.3 Collecting offender points at a minimum of once

every minute.

4.1.11.13.4 Communicating with the offender.

4.1.11.13.5 Providing location mapping.

ARFQ DCR2700000009

4.1.11.13.6 Providing alert notification.

4.1.11.14 Vendor’s software shall allow for a non-erasable alpha numeric identification designated by the Agency. A unique identification shall be used for each offender within the vendor’s system. In addition, the software shall require the following minimum mandatory fields for initial offender enrollment:

4.1.11.14.1 Name

4.1.11.14.2 Unique numeric identifier

4.1.11.15.3 Physical address

4.1.11.15.4 Serial number of equipment

4.1.11.15.5 Time zone

4.1.11.15.6 Assigned officer

4.1.11.15.7 Offender photo

4.1.12 Support Services

4.1.12.1 Vendor shall provide an Account Manager for this contract.

Account Manager shall be made known at time of award. At any time during this contract should the Account Manager leave and a new one takes over, a new Account Manager must be made known to the Agency Program Manager within two (2) business days.

Account Manager and Agency Program Manager shall coordinate all training, maintenance, use and care of all contract items.

4.1.12.2 Vendor shall provide initial on-site training by experienced staff with-in thirty (30) days of start of Agency’s contract. Additional on-site training shall be provided within forty-eight (48) hours of Agency request. Ongoing training shall be provided as requested by the Agency.

4.1.12.3 Vendor shall provide training manuals in PDF format. Agency shall have the authorization to duplicate these materials, as necessary.

4.1.12.4 Vendor shall provide a twenty-four (24) hour support hot line.

Vendor will provide Agency with a toll-free number. This shall be available twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year, including all holidays.

This support shall include all hardware and software equipment necessary to ensure proper quality use of this contract.

4.1.12.5 Vendor shall be capable of performing expert on-site service and be capable of dispatching expert technicians to the field in the event electronic diagnosis or replacement of component problems

ARFQ DCR2700000009

are encountered.

4.1.13 Technical Requirements

4.1.13.1 Agency reserves the right to add additional equipment when pricing is agreed upon between both parties.

4.1.13.2 Agency also reserves the right to substitute newer, next generation equipment in place of Contract Items, at pricing equal to or less than current contract pricing.

5. CONTRACT AWARD:

5.1 Contract Award: The Contract is intended to provide Agencies with a purchase price on all Contract Items. The Contract shall be awarded to the Vendor that provides the Contract Items meeting the required specifications for the lowest overall total cost as shown on the Pricing Pages.

5.2 Pricing Pages: Vendor must complete the Pricing Pages by providing unit cost for each contract service. Vendor must complete the Pricing Page in its entirety as failure to do so will result in Vendor’s bids being disqualified. A no bid entered on the Pricing Page will result in Vendor’s bid being disqualified.

Any product or service not on the Agency provided Pricing Pages will not be allowable.

The state cannot accept alternate pricing pages, failure to use Exhibit A Pricing Pages will lead to disqualification of vendors bid.

The Pricing Pages contain a list of the Contract Items and estimated purchase volume.

The estimated purchase volume for each item represents the approximate volume of anticipated purchases only. No future use of the Contract or any individual item is guaranteed or implied.

Vendor should electronically enter the information into the Pricing Pages through wvOASIS, if available, or as an electronic document. In most cases, the Vendor can request an electronic copy of the Pricing Pages for bid purposes by sending an email request to the following address: (Theresa.j.dorsey@wv.gov).

5.3 Piggyback: WV DCR reserves the right to extend the terms, conditions, and prices of this contract to other Agencies/Institutions who express an interest in piggybacking on this contract. Each of the piggyback Agencies/Institutions will issue their own purchasing documents for the goods/services. Vendor agrees that DCR shall bear no responsibility or liability for any agreements between vendor and the other Agency/Institutions who desire to exercise this option.

5.4 Consumer Price Index (CPI): Said contract shall be for a base period of one

(1) year with four (4) one (1) year renewal options. Automatic renewals are

ARFQ DCR2700000009

prohibited. Vendor and Agency must mutually agree in writing to the renewal of said contract. There shall be no price increases within the first twelve (12) months from the date of the award of the contract.

After the expiration of the initial twelve (12) month period, the Vendor may, no less than thirty (30) days prior to the contract anniversary date, request a price adjustment in writing. Said price adjustment will be evaluated based on the prior year Consumer Price Index compared to the current year Consumer Price Index, or 3% whichever is less. All price adjustments must be approved by the Agency prior to implementation, at Agency’s sole discretion. Approval of price adjustments is not guaranteed. Agency will issue a Change Order to said contract for any approve price adjustments.

6. ORDERING AND PAYMENT:

6.1 Ordering: Vendor shall accept orders through wvOASIS, regular mail, facsimile, e-mail, or any other written form of communication. Vendor may, but is not required to, accept on-line orders through a secure internet ordering portal/website. If Vendor has the ability to accept on-line orders, it should include in its response a brief description of how Agencies may utilize the on-line ordering system. Vendor shall ensure that its on-line ordering system is properly secured prior to processing Agency orders on-line.

6.2 Payment: Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia.

7. DELIVERY AND RETURN:

7.1 Delivery Time: Vendor shall deliver standard orders within 15 working days after orders are received. Vendor shall ship emergency orders within 24 hours via a method that will facilitate delivery within 5 working days of shipment.

Vendor shall ship all orders in accordance with the above schedule and shall not hold orders until a minimum delivery quantity is met.

ARFQ DCR2700000009

7.2 Late Delivery: The Agency placing the order under this Contract must be notified in writing if orders will be delayed for any reason. Any delay in delivery that could cause harm to an Agency will be grounds for cancellation of the delayed order, and/or obtaining the items ordered from a third party.

Any Agency seeking to obtain items from a third party under this provision must first obtain approval of the West Virginia Division of Administrative Services.

7.3 Delivery Payment/Risk of Loss: Standard order delivery shall be F.O.B. destination to the Agency’s location. Vendor shall include the cost of standard order delivery charges in its bid pricing/discount and is not permitted to charge the Agency separately for such delivery. The Agency will pay delivery charges on all emergency orders provided that Vendor invoices those delivery costs as a separate charge with the original freight bill attached to the invoice.

7.4 Return of Unacceptable Items: If the Agency deems the Contract Items to be unacceptable, the Contract Items shall be returned to Vendor at Vendor’s expense and with no restocking charge. Vendor shall either make arrangements for the return within five (5) days of being notified that items are unacceptable, or permit the Agency to arrange for the return and reimburse Agency for delivery expenses. If the original packaging cannot be utilized for the return, Vendor will supply the Agency with appropriate return packaging upon request. All returns of unacceptable items shall be F.O.B. the Agency’s location. The returned product shall either be replaced, or the Agency shall receive a full credit or refund for the purchase price, at the Agency’s discretion.

7.5 Return Due to Agency Error: Items ordered in error by the Agency will be returned for credit within 30 days of receipt, F.O.B. Vendor’s location. Vendor shall not charge a restocking fee if returned products are in a resalable condition. Items shall be deemed to be in a resalable condition if they are unused and in the original packaging. Any restocking fee for items not in a resalable condition shall be the lower of the Vendor’s customary restocking fee or 5% of the total invoiced value of the returned items.

8. VENDOR DEFAULT:

8.1 The following shall be considered a vendor default under this Contract.

8.1.1 Failure to provide Contract Items in accordance with the requirements contained herein.

8.1.2 Failure to comply with other specifications and requirements contained herein.

8.1.3 Failure to comply with any laws, rules, and ordinances applicable to the Contract Services provided under this Contract.

8.1.4 Failure to remedy deficient performance upon request.

ARFQ DCR2700000009

8.2 The following remedies shall be available to Agency upon default.

8.2.1 Immediate cancellation of the Contract.

8.2.2 Immediate cancellation of one or more release orders issued under this Contract.

8.2.3 Any other remedies available in law or equity.

9. MISCELLANEOUS:

9.1 Substitutions: Vendor may substitute a contract item if it becomes discontinued or is no longer available for purchase provided that the substitute/alternate item is equal to or greater than the contract item is offered at the same cost as the original contract item being replaced. Any item being substituted for a contract item MUST have prior written approval from the Agency.

9.2 Vendor Supply: Vendor must carry sufficient inventory of the Contract Items being offered to fulfill its obligations under this Contract. By signing its bid, Vendor certifies that it can supply the Contract Items contained in its bid response.

9.3 Reports: Vendor shall provide quarterly reports and annual summaries to the Agency showing the Agency’s items purchased, quantities of items purchased, and total dollar value of the items purchased. Vendor shall also provide reports, upon request, showing the items purchased during the term of this Contract, the quantity purchased for each of those items, and the total value of purchases for each of those items. Failure to supply such reports may be grounds for cancellation of this Contract.

9.4 Contract Manager: During its performance of this Contract, Vendor must designate and maintain a primary contract manager responsible for overseeing Vendor’s responsibilities under this Contract. The Contract manager must be available during normal business hours to address any customer service or other issues related to this Contract. Vendor should list its Contract manager and his or her contact information below.

Contract Manager:

Telephone Number:

Fax Number:

Email Address: