SURFACE GRINDERS ITB 406214-1134-24TE.docx

LANSING COMMUNITY COLLEGE

PURCHASING DEPARTMENT

BUYER: TIMOTHY EUBANKS

EUBANKST@STAR.LCC.EDU

INVITATION TO BID

SURFACE GRINDER

ITB# 406214-1134-24TE

Estimated Timeline: All dates listed on this cover page are subject to change via addendum posted on Bidnet Direct.

Any and all communication with Lansing Community College shall be accomplished through the Purchasing Department. Any Contractors that deviate from this requirement are subject to disqualification.

Bids may be submitted via Bidnet Direct website OR directly to the assigned Buyer at EUBANKST@STAR.LCC.EDU. Bids received by any other method than noted cannot be considered. You must be registered with https://www.bidnetdirect.com/ in order to submit a proposal. The system will not accept late bid responses. The College is not responsible for technical difficulties that Contractor’s may face while uploading documents to www.bidnetdirect.com.

Contractors are responsible for submitting their Bid on time. Bids received by any other method than noted above, or that are late, cannot be considered unless (a) all other Bids received on time do not meet specifications, or (b) no other Bids are received.

Expenses for developing and presenting Bid shall be the entire responsibility of the Contractor and shall not be chargeable to the College.

The College will clarify, correct, or respond to any questions received at EUBANKST@STAR.LCC.EDU by the issuance of an addendum on https://www.bidnetdirect.com/ . The question and answer period represent the only avenue that Contractors have to raise concerns about the specifications and scope of work associated with this solicitation. In the interest of transparency, only written questions will be accepted.

LAST DAY TO SUBMIT QUESTIONS: SEPTEMBER 13, 2024 5:00PM EST

Bids submitted must remain in effect for a minimum of 90 days from the date of submission, and may be subject to further extensions as negotiated. The issuance of this solicitation, the receipt of Bid, and the evaluation of Bid does not bind or impose legal obligation upon the College or the Contractor(s) in any way. General Contractor information and LCC purchasing policy and procedures can be found at https://www.lcc.edu/purchasing/policy-procedures.html

SECTION 1: SCOPE OF PROJECT

1.0 PURPOSE AND OVERVIEW

Lansing Community College (LCC) is a major urban college, situated on a 32-acre, nine-city block area in downtown Lansing. Founded in 1957. LCC is a comprehensive college focused upon offering learning opportunities in four areas: career and workforce development, general education, developmental education, and personal enrichment. LCC is recognized as a local, state, national, and international leader in forging educational partnerships with business, industry, and government to better meet the needs of an ever changing, worldwide market place. LCC is accredited by the Higher Learning Commission.

LCC is seeking to procure two ACER 8 x 18” 3hp 440v Surface Grinders (or their equivalent) for the Metallurgy department in the College’s Technical Careers division.

1.1 REQUIREMENTS

ITB Response Instructions: For each section below, please provide a detailed response that describes both the ability and methods your company will use to meet each requirement.

· (2) ACER 8 x 18” 3hp 440v Surface Grinders (or an equivalent- if an equivalent, please detail full specifications) with the following specifications:

· Table Size: 8 x 18

· Downfeed: .0001

· Longitudinal Table Travel: 21

· Maximum Grinder Wheel Size: 8 x 1/2 x 1-1/4

· Two-axis auto movement

· Maximum Grinding Length: 19

· Maximum Grinding Width: 8

· 3HP, 440V. 3PH Spindle Motor with a 3450 RPM Spindle Speed

Please confirm voltage for product

Please detail dimensions/weight of product

Please confirm item will be shipped FOB destination

Please detail warranty options for product

a) Able to deliver all items FOB prior to June 21, 2025. Please state the earliest date of delivery available, including with expeditated shipping.

b) Provide a full production description or brochure of each item that is quoted. This may be as text or as attachments.

c) Products will be fully assembled upon delivery or Contractor has a technician that will assemble the machine on site within a month of delivery to LCC.

SECTION 2: REQUIRED ITB SUBMISSION FORMAT

2.0 GENERAL CONTRACTOR INFORMATION

Please complete the table below. All questions must be answered. Please refrain from responding with a phrase such as “cannot provide at this time or will provide at a later date if selected”; the reviewer will consider these answers non-responsive.

Contractor Name:

Address:

City/State/Zip:

Company Name: (If not same as above)

Contact Person: (Employee of vendor)

Title:

Contact Phone #:

Contact Email:

Contractor Website:

Type of Ownership (Sole Proprietor, Corporation, Partnership, Joint Venture, etc.):

Under what other or former names has your company operated?

Date Company formed:

Length of time in providing this type of service or commodity:

Length of time serving the higher education industry:

Provide Tax & Business License Information along with your firm’s Federal Identification Number:

Company Website Address:

Has your company recently been acquired or been involved with any merger/acquisition? If yes, briefly describe:

Is your company involved in any pending or contemplated acquisition in the next 36 months? If yes, briefly describe:

Has your company been involved in any litigation or arbitration over the last five years; pending, settled, or dismissed? Explain each separately.

Has the Contractor, within the last 10 years, filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors; and if so, provide an explanation of the relevant details.

If the Contractor has had a contract terminated for default in the last five years, describe such incident.

Has the Contractor, its principals, officers, or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details.

Is your firm in compliance with EEO requirements?

Is your firm a minority business enterprise or owned by any other recognized, disenfranchised group (e.g. women, handicapped, etc.)?

With respect to insurance requirements outlined in the Terms & Conditions, Contractor shall provide evidence of such coverage by way of a Certificate of Insurance or Certificate of Coverage.

Provide a statement regarding any experience providing services to LCC.

Agreeance with LCC’s General Terms and Conditions located in Section 5: Exhibits.

2.1 CONTRACTOR EXPERIENCE AND QUALIFICATIONS

Please complete the table below. All questions must be answered. Please refrain from responding with a phrase such as “cannot provide at this time or will provide at a later date if selected”; the reviewer will consider these answers non-responsive.

Please describe your experience in providing this machinery to educational institutions.

Discuss the total number of accounts that your company is currently servicing that are equal to the size of the requirements described in this ITB.

Please describe maintenance and services availability. If an issue occurs within the warranty timeframe, what is the anticipated service/repair time?

Describe any software that is required with the machinery. If software is required give full description of requirements needed to support software.

2.2 REFERENCES

Please provide contact information for a minimum of three recent and/or current customers of similar size, preferably from colleges and universities.

# 1

Organization Name:

Address:

Contact Person:

Phone #:

Email:

#2

Organization Name:

Address:

Contact Person:

Phone #:

Email:

#3

Organization Name:

Address:

Contact Person:

Phone #:

Email:

2.3 PRICE PROPOSAL

Please provide an itemized cost for each item. Contractors may use the sheet below or present pricing in format of choice.

Please note: All purchased items listed on the executed Purchase Order must delivered to LCC no later than June 30, 2025.

2 ACER Surface Grinders 8 X 18” Table/3HP/220V/3PH Motor (or equivalent)

Shipping Cost

Warranty Cost

Extended Warranty Options

Installation Cost if applicable

Software renewal cost if applicable

Pricing Statement Contractors are responsible for making sure that pricing presented is correct. LCC will not make accommodations for Contractor errors. Contractor certifies that cost and pricing data it furnishes is accurate, complete and current. Contractor agrees to provide supporting data and breakdowns as requested by the College. Failure to agree to the submission of cost or pricing data may be cause for rejection of a bid as non-responsive.

Note: If the Bidder is not the Original Equipment Manufacturer for the goods being offered then the Bidder must provide a statement and documented proof that they are an authorized distributor and/or retailer for the product being offered. The documented proof can be uploaded to https://www.bidnetdirect.com with the ITB response and/or emailed to B-Ops-Purchasing@lcc.edu (reference the ITB#) prior to the ITB due date and time.

Price Submission Please note the following:

1. Shortages: If a Contractor anticipates delivering a quantity that is less than what was ordered they must request and receive approval from the Purchasing Department to deliver a smaller quantity.

2. Backorders: If a product is on backorder the College reserves the right to cancel any resulting purchase order and purchase the goods elsewhere without penalty.

3. Palletizing: packaging must be aligned with the lowest freight rate. Pallets must be securely banded or shrink wrapped according to industry standards.

Please provide the most favorable pricing. LCC is eligible to receive pricing from cooperative contracts such as E&I Contract pricing, GSA (specific schedules), MHEC, REMC, US Communities, State of Michigan or other higher education discounted pricing, whichever is the most advantageous. If pricing is received under a cooperative contract please reference the contract number, term, point of contact and specify the guaranteed discount off of the contract list during the life of this agreement. This most favorable pricing should apply to all purchases throughout the term of the agreement, regardless of model or part number changes.

Awarded Contractor The awarded Contractor will be required to register as a vendor with the College (in order to receive payments), provide a W-9 and complete various Contractor Forms prior to receipt of purchase order. Any resulting Blanket Purchase Order or Purchase Order is subject to the College’s standard terms and conditions which can be found at https://lcc.edu/divisions-departments/financial-services/purchasing/contractor-info.html . The Contractor will be required to furnish a current Certificate of Insurance outlining coverages described in the aforementioned standard terms and conditions. The Awarded Contractor will also be required to receive electronic payment for the goods and services that they provide

SECTION 3: EVALUATION AND AWARD CRITERIA

3.0 EVALUATION SCORING CRITERIA

Bids will be evaluated on anticipated quality of items and ability to meet a Pass Rating for the factors listed in the below table. Evaluations will be based on a Pass/Fail rating.

3.1 DEMONSTRATION REQUEST

Contractors receiving a cumulative score above 232 may be required to provide demonstrations. Demonstrations would take place virtually, at LCC’s convenience. Standard demonstration length is one hour with demonstrations of equipment and time for questions and answers.

3.2 PRICE EVALUATION

Price proposal will be a primary factor in the award of the proposed project. However, the College is not bound to accept the lowest priced bid.

3.3 AWARD RECOMMENDATION

An award will be made to the Contractor(s) whose bid is most advantageous (provides the best value) to the College, where price, quality and other factors are considered. The LCC Board of Trustees approves all purchases in excess of $100,000. The award process is not complete until the awarded Contractor receives a properly executed contract. The Awarded Contractor(s) may be required to provide additional information (including but not limited to financial information) and fill out additional Contractor Forms including a Contractor Application and W-9 Form. Submission of a Bid indicates Respondent’s acceptance of the evaluation technique and Respondent’s recognition that the College must make some subjective judgments during the evaluation process.

3.4 RESERVATIONS

· The College reserves the right to reject any and all bids, wholly or in part, waive any irregularities in bidding, and to make awards that, in the opinion of the College, are in its best interest. The College does not herein limit the methods or factors to be used for evaluation.

· The College reserves the right to enter into private negotiations with the selected Contractor(s), for further scrutiny, even though these negotiations may result in changes to the College’s specifications and/or to the Contractor(s) equipment, price quotations, service agreement, etc.

· The College reserves the right to award contracts to more than one Contractor in order to meet the needs of the College.

· The College reserves the right to consider regional economic impact when evaluating Bids. This includes, but is not limited to: considering principal place of performance, number of Michigan citizens employed or potentially employed, dollars paid to Michigan residents, Michigan capital investments, job creation, tax revenue implications, economically disadvantaged businesses, etc.

· The College reserves the right to reject and/or not award to contractors whose previous performance with LCC resulted in a documented negative Contractor performance report(s).

· The College reserves the right to request cost or pricing data.

· The College reserves the right to not make an award as a result of this solicitation.

· The College reserves the right to re-issue this solicitation if no responses are received. The re-issue may be via https://www.bidnetdirect.com/, another solicitation platform, or via email.

· This solicitation is open to all interested Contractors that currently provide the items and/or services outlined in this bid.

· Budgetary information is not available.

· The evaluation process for this solicitation will include multiple steps.

· Once bids are submitted, all Bid are considered property of LCC.

· LCC Purchasing Policies and vendor appeal information can be found at: https://www.lcc.edu/purchasing/contractor-info.html.

· The issuance of this solicitation, the receipt of bids, and the evaluation of bids does not bind or impose legal obligation upon the College or the Contractor(s) in any way.

SECTION 4: REQUIRED CONTRACTOR FORMS

4.0 FORM A: ITB CERTIFICATION FORM

The undersigned is duly authorized to represent the person, Contractors and corporations joining and participating in the submission of this solicitation, states that the bid contained herein is complete and is in strict compliance with the requirements of the subject ITB with the exception of any exceptions noted by the Contractor.

Company Name: __________________________________________________________________________

Attention: ________________________________________________________________________________

Address: ________________________________________________________________________________

City/State/Zip Code: _______________________________________________________________________

Contractor Federal Tax Id Number: ___________________________________________________________

Telephone: ______________________________________________________________________________

Fax (if applicable): _________________________________________________________________________

Email: __________________________________________________________________________________

Authorized Officer/Agent Signature: ___________________________________________________________

Typed Name: ____________________________________________________________________________

Title: ___________________________________________________________________________________

Date: ___________________________________________________________________________________

PLEASE COMPLETE THE FOLLOWING:

______ Contractor is located within the LCC Tax District. (This information can be found on your Property Tax bill).

______ Contractor is not located within the LCC Tax District.

4.1 FORM B: NON-COLLUSION AFFIDAVIT

The Contractor making the foregoing proposal, quote or bid; affirms that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidder or person, to put in a sham bid, or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, communication or conference, with any person, to fix the bid price of this proposal, or another bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against Lansing Community College or any person or persons interested in the proposed contract; and that all statements contained in said proposal or bid are true, further, that such bidder has not, directly or indirectly submitted this bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member of agent thereof. Bidder has not authored, written, or aided in the creation of the specifications, and has not communicated, or provided gifts or money to any college employee to obtain information, unfair advantage, or contract award.

Authorized Officer/Agent Signature: ___________________________________________________________

Typed Name: ____________________________________________________________________________

Title: ___________________________________________________________________________________

Date: ___________________________________________________________________________________

Sworn and subscribed this ____________ day of ____________________________________________2023.

Signature (Witness) _______________________________________________________________________

Typed Name: ____________________________________________________________________________

Title: ___________________________________________________________________________________

*This does not need to be signed by a Notary.

4.2 FORM C: CONTRACTOR COMPLIANCE

FEDERAL, STATE, OR LOCAL LAW

The bidder certifies, to the best of its knowledge that within the past (3) years, the bidder, an officer of the bidder, or an owner of a 25% or greater interest in the Contractor:

1. Has _____, Has Not ______ been convicted of a criminal offense incident to the application for or performance of a federal, state, or local contract or subcontract;

1. Has _____, Has Not ______ been convicted of any offense which negatively reflects on the Contractor’s business integrity, including but not limited to embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, federal, state, or local antitrust statutes;

1. Has _____, Has Not ______ been convicted of any other offense, violated any other federal, state, or local law, as determined by a court of competent jurisdiction or an administrative proceeding, which, in the opinion of the Department, indicates that the Contractor is unable to perform responsibly or which reflects a lack of integrity that could negatively impact or reflect upon Lansing Community College. An offense or violation under this paragraph may include, but is not limited to, an offense under or violation of: Natural Resources and Environmental Protection Act, 1994 PA 451, MCL §§ 324.101 – 324.90106; the Michigan Consumer Protection Act, 1976 PA 331, MCL §§ 445.901 – 445.922; 1965 PA 390 (law relating to prevailing wages on state projects), MCL §§ 408.551 – 408.558; 1978 PA 390 (law relating to payment of wages and fringe benefits) MCL §§ 408.471 – 408.490; or a willful or persistent violation of the Michigan Occupational Safety and Health Act, 1974 PA 154, MCL §§ 408.1001 – 408.1094;

1. Has _____, Has Not ______ failed to substantially perform a College contract or subcontract according to its terms, conditions, and specifications within specified time limits;

1. Has _____, Has Not ______ violated Department bid solicitation procedures or violated the terms of a solicitation after bid submission;

1. Has _____, Has Not ______ refused to provide information or documents required by a contract including, but not limited to information or document necessary for monitoring contract performance;

1. Has _____, Has Not ______ failed to respond to requests for information regarding Contractor performance, or accumulated repeated substantiated complaints regarding performance of a contract/purchase order; and

1. Has _____, Has Not ______ failed to perform a College contract or subcontract in a manner consistent with any applicable federal, state, or local law, rule, regulation, order, or decree.

1. The Contractor certifies and represents, to the best of his knowledge that the Contractor and/or any of its Principles:

0. Are _____, Are Not _____ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of a purchase by any federal, state, or local agency

0. Has _____, Has Not ______ not with in a 3-year period preceding this bid, been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) purchase.

0. Are _____, Are Not _____ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, the commission of the offenses enumerated in this document.

0. The Contractor Has _____, Has Not ______ within a 3-year period preceding this solicitation had one or more purchases terminated for default by any federal, state, or local agency.

_________ (Initial)

CERTIFICATION REGARDING DEBARMENT AND PROPOSED DEBARMENT

1) Principals for purposes of this document means officers, directors, owners, partners, and any other persons having primary management or supervisory responsibilities within a business entity

2) The Contractor shall provide immediate written notice to the College if, at any time before the purchase award, the Contractor learns that its certification was erroneous when submitted or has since become erroneous because of changed circumstances

3) A certification that any of the items of this provision exists will not necessarily result in withholding an award under this solicitation. However, the certification will be considered in connection with a determination of the Contractor’s responsibility. Failure to furnish the certification or provide such information as requested by the Department may render the Contractor non-responsive

4) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of commercially reasonable dealings.

5) If it is later determined that Contractor knowingly rendered an erroneous certification under this provision, in addition to the other remedies available to the College, the College may terminate this purchase for default.

_________ (Initial)

CONTRACTOR CAN REVIEW THE COLLEGE’S DEBARMENT POLICY AT: http://equator/purchasing/Contractor_information/debarred_Contractor_list.aspx

DEBARMENT OF SUB-CONTRACTORS

Contractor shall require each primary sub-contractor, whose sub contract will exceed $25,000, to disclose to the contractor, in writing, whether as of the time of the award of the sub contract, the sub-contractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the College, federal, state, or local agency. The contractor shall then inform the College of the sub-contractor’s status and reasons for contractor’s decision to use such sub-contractor, if contractor so decides.

_________ (Initial)

ETHICS: GRATUITIES and INFLUENCE

Gratuities

The right of the contractor to proceed may be terminated by written notice, if the purchasing director or buyer determines that the contractor, its agent, or its representative has offered or gave a gratuity, kickback, money, gift, or anything of value to an officer, official, or employee of the College intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

Contractor/Contract Has _____, Has Not ______ given or offered to give a gratuity, kickback, money, gift, or anything of value to a College official, officer, or employee intended to effectuate the awarding of a contract or favorable treatment under a contract.

_________ (Initial) Influence

The Contractor/contractor by signing its quote/bid hereby certifies to best of his or her knowledge that no funds have been given to any College officer, official, or employee for influencing or attempting to influence such officer, official, or employee of the College.

Iran Economic Sanctions Act – 2012, Public Act 517

Section 3 of 2012 PA 517 imposes a contractor certification requirement on request for bids issued by public entities in Michigan.

(1) Beginning April 1, 2013, an Iran linked business is not eligible to submit a bid on a request for proposal with public entities in Michigan.

(2) Beginning April 1, 2013, Michigan public entities shall require a person that submits a bid on a request for proposal with the public entity to certify that it is not an Iran linked business.

In response to this legislation, Lansing Community College requires the following information.

The Contractor certifies that:

____ IT IS

____ IT IS NOT

An Iran linked business as defined in MCL 129.312.

Authorized Agent Name (print or type)

Authorized Agent Signature

Date

SECTION 5: EXHIBITS

5.0 EXHIBIT A: GENERAL TERMS OF PURCHASE

This document provides the general terms of purchase for any Purchase Order, Blanket Purchase Order and/or contract award resulting from this ITB. The terms are deemed to be accepted by the proposing Contractor unless written exceptions are provided with the Contractor’s proposal.

1. CONTRACT FORMATION: Any outstanding prior offers which may have been made by the Contractor to College with respect to the subject matter of this order are hereby rejected or changed at any time before acceptance. No different or additional terms included by Contractor in accepting or acknowledging this order shall be effective unless agreed to in writing by College. Neither acceptance of delivery of the goods nor payment thereof shall constitute acceptance by College of any such different or additional terms even if Contractor states that its acceptance is conditioned on College’s assent to such terms. The commencement of any work delivery of any goods shall be acceptance by Contractor of all the terms of this Purchase Order, whether or not Contractor has assented in writing to all such terms.

2. TERM: The period of performance is written on the first page of the Purchase Order and/or Service Agreement Terms. Renewals and price changes are subject to written acceptance and approval of both parties.

3. DELIVERY AND PERFORMANCE: Time is hereby expressly declared to be of the essence, and Contractor is notified that failure to deliver goods or perform the services on time may result in substantial damage to College. If Contractor shall fail to make timely delivery of performance of any part of the goods or services, or if timely delivery or performance is endangered for any reason, College shall have the right, at its option, to terminate any part or the whole of this order, reject untimely deliveries, purchase substitute goods elsewhere, and charge Contractor with any loss incurred.

4. BRANDS: When a special brand is named it shall be construed solely for the purpose of indicating the standard of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered, provided Contractor specifies the brand and model and submits descriptive literature, when available. Lansing Community College reserves the right to accept or reject alternatives and/or substitutions.

5. WARRANTIES: All specifications, drawings and other data submitted by College, including performance data, are incorporated by reference into this order, and Contractor expressly warrants that the goods or services shall conform to such data. In addition, goods delivered are expressly warranted by Contractor to be merchantable, of good material and workmanship, free from any defect in material, labor or fabrication, and fit for the particular purpose of College. Contractor further warrants that all work and services performed hereunder will be free from defect in workmanship. All warranties shall extend to future performance of goods, shall survive inspection, tests, acceptance and payment for the goods, and shall run to College, its employees, successors, assigns, and other users.

6. INDEMNITY: Contractor shall indemnity and hold harmless and at College’s option shall defend College and its employees and agents from any claims, losses or damages arising out of or alleged to arise out of any breach by Contractor of any warranty or agreement of Contractor contained herein. Except to the extent that the goods supplied hereunder are manufactured to design supplied by College, Contractor also agrees to indemnity and at College’s option, defend College, its agents and employees, and students, from any claims losses or damages based on any actual or alleged unfair competition or infringement of any patent, trademark, copyright or other proprietary rights relating to the goods.

7. COLLEGE’S REMEDIES: In the event of Contractor’s breach of any warranty of agreement of Contractor contained herein, College shall have all of the rights and remedies provided to Colleges by all applicable statutes, or by common law, including but not limited to the right to recover consequential or incidental damages.

8. PACKAGING: All items shall be packed by Contractor in suitable containers for protection to permit safe transportation and handling and shipped to secure the lowest transportation cost. No charge shall be made by Contractor for packing unless provided for on Purchase Order.

9. CHANGES: College may, at any time and from time to time, by Purchase Order amendment issued to Contractor: a) increase or decrease the quantity or products ordered; b) change the drawings or specifications; c) issue a suspension of work order; d) make changes in the delivery schedule. If such changes cause an increase or decrease in the amount of work hereunder, or in the cost of performance, an equitable adjustment shall be made in the contract price and/or the delivery schedule and the Purchase Order shall be amended in writing accordingly. Any claims for adjustment under this clause not asserted within thirty (30) days from the date of the Purchase Order amendment shall be deemed waived. No alteration of any of the terms, conditions, delivery price, quality, quantities, or specification of this order will be effective without the written or oral consent of the Director of Purchasing.

10. TERMINATION: The agreement may be terminated by the College with or without cause upon 30 calendar days’ written notice. Once notified, Contractor will thereupon immediately stop work and notify its subcontractors to do likewise. The College shall have the right to terminate the contract with the Contractor without penalty pursuant to thirty- (30) day’s written notice of termination to the Contractor under the following circumstances: a. Default of Contractor - It shall be considered a default whenever the Contractor shall: Disregard or violate material provisions of the contract documents or college instructions, or fail to execute the work according to the agreed schedule of completion and/or time of completion specified, including extensions thereof or fail to reach agreed upon performance results.; Declare bankruptcy, become insolvent, or assign company assets for the benefit of credits. b. Lack of Fund of the College - Lack of funds shall be construed to mean when the College, in the judgment of its Chief Financial Officer, determines that it cannot continue the funding of its contract services without undue hardship to the College. c. Termination of contract services will be rendered if it is construed by the College to be convenient or in its best interests for serving the community and its students, faculty, and staff. d. Repeated Contractor performance concerns. Upon expiration/termination/cancellation of the contract, the Contractor must return all records pertaining to College loans/accounts and immediately cease all communication with previously assigned account holders.

11. LAW GOVERNING: This Purchase Order shall be governed by and construed according to the laws of the State of Michigan.

12. GENERAL: Any waiver of strict compliance with the terms hereof by College shall not constitute a waiver of College’s rights to insist upon strict compliance with the terms of this order hereafter.

13. TAXES: Lansing Community College is exempt from State and Federal Taxes. Tax Exempt Number 38-1787641.

14. COMPLIANCE WITH LAWS: Contractor warrants, certifies, and agrees that the goods or services have been or will be manufactured, distributed, shipped, packaged, delivered, and performed in compliance with all applicable federal, state, and local laws, regulations, standards, and orders, including the Occupational Safety and Health Act of 1970 and all regulations and standards in effect thereunder at time of sale. Contractor agrees to furnish upon request further certifications of such compliance, in form satisfactory to College.

15. CORRESPONDENCE/AMENDMENTS: All correspondence concerning this order must be directed to the Lansing Community College Purchasing Department. No alteration, change, addition to or other modification of this Purchase Order or the terms there of is valid and binding on College unless in writing and signed by an authorized person.

16. ASSIGNMENT: Performance of this Purchase Order is hereby declared to be particular to the Contractor, and no right, duty or obligation arising under this Purchase Order may be assigned or otherwise transferred by Contractor without the written consent of College.

17. REJECTION: All goods and materials purchased herein are subject to approval by the College. Any rejection of goods or material resulting because of nonconformity to the terms and specifications of this order, whether held by the College or returned, will be at Contractor’s risk and expense.

18. LIENS, CLAIMS AND ENCUMBRANCES: Contractor warrants and represents that all goods and materials ordered herein are free and clear of all liens, claims or encumbrances of any kind.

19. PROPERTY OF THE COLLEGE: All plates, artwork, negatives, dies or products created to produce a contracted material is considered to be the property of the College and therefore are to be delivered to the College upon demand and at no extra charge. All technical communications and records originated or prepared by the Contractor pursuant to this agreement including papers, reports, charts, and other documents, but not including the Contractor’s administrative communications and records relating to this agreement shall be delivered to and shall become the exclusive property of the College and may be copyrighted by the College. The ideas, concepts, know-how, or techniques relating to data processing, developed during this agreement by the Contractor or jointly by the Contractor and the College can be used by either party in any way it may deem appropriate.

20. SAFETY/HAZARDOUS MATERIALS: All equipment, supplies, and services sold to the College shall conform to the general safety orders of the Federal government, State of Michigan, City of Lansing Safety Standards Acts and Occupational Safety and Health Administration (O.S.H.A) regulations. College requires written notification of conformance. For all supplies which qualify with the State of Michigan to require a MSDS, two copies of the MSDS must be sent with the order.

21. CONFLICT OF INTEREST: Contractor affirms that their company directors and/or principal officers are not employed by Lansing Community College. The Contractor will remain an independent contractor, not an employee of the College, under the terms of this Agreement and as such is not entitled to unemployment or Worker’s Compensation Insurance benefits for the College as a result of this personal services agreement.

22. PURCHASE OF FOREIGN GOODS OR SERVICES: Lansing Community College endeavors to purchase goods or services in the United States of America whenever an American Made product (defined as “more than 50% of the product is manufactured or assembled in the US”) is available and is competitively priced and the goods or services are of comparable quality.

23. DELIVERY OF EXCESS QUANTITIES OF $250 OR LESS: The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the College receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The College may retain such excess quantities up to $250 in value without compensating the Contractor therefore, and the Contractor waives all right, title, or interest therein. Quantities in excess of $250 will, at the option of the College, either be returned at the Contractor’s expense or retained and paid for by the College at the order unit price.

24. ENVIRONMENTALLY SOUND PURCHASING: In order to increase the development and awareness of environmentally sound products, Lansing Community College Purchasing Department staff ensures that wherever possible and economical, specifications are amended to provide for expanded use of products and services that contain the maximum level of post-consumer recyclable waste and/or recyclable content, without significantly affecting the intended use of the product or service. It is recognized that cost analysis is required in order to ensure that the products are made available at competitive prices.

25. NONDISCRIMINATION: Contractor affirms that while providing goods and services to the College it is in compliance with the Elliott-Larsen Civil Rights Act of 1976 PA 453, MCL 37.2101, et seq., as amended, and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., as amended. Contractor and its subcontractors agree not to discriminate against an employee or applicant for employment with respect to race, color, sex, age, religion, national origin, creed, ancestry, height, weight, sexual orientation, gender identity, gender expression, disability, familial status, marital status, military status, veteran’s status, or other status as protected by law, or genetic information that is unrelated to the person’s ability to perform the duties of a particular job or position. Breach of this covenant is a material breach of this Contract.

26. ACCESSIBILITY: Contractor warrants, certifies, and agrees that the Contractor and its subsidiaries (including, without limitation, the Operating Partnership) are currently in compliance with all presently applicable provisions of the Americans with Disabilities Act, as amended, except for any such non-compliance that could not reasonably be expected, individually or in aggregate, to have a Material Adverse Effect. Further, Contractor will remain compliant with any revisions of the Act.

27. FEDERAL FUNDS: Purchases made with federal dollars (grant or otherwise) are subject to the Code of Federal Regulations.

28. COMPUTER NETWORK: If Contractor will have access to the College network, then Contractor shall use commercially reasonable means to prevent the transmission of any computer malware to any College computer system through Contractor’s use of the College data communications connections or removable media. All computers connected to the College network or any other College computer system or terminal shall have installed malware detection software approved by the College. This software shall be properly configured to execute whenever the system is in use and update the definition tables at least weekly. Breach of this covenant is a material breach of this Contract.

29. INSURANCE: While providing goods and services to the College, Contractor agrees to maintain Commercial General Liability Insurance $1,000,000 per occurrence, $2,000,000 aggregate. The policy must also include Workers’ Compensation Insurance $1,000,000 per accident (when required by law or by the College); and Automobile Liability Insurance (when required by law or by the College) and any other insurance required by the College.

31. COLLEGE POLICIES: Contractor must review and adhere to College policies related but not limited to Americans with Disabilities; Equal Opportunity; Nondiscrimination; Ethics; Conduct; Health; Safety; Information Security; Intellectual Property; Smoking; Workplace Violence; and Drug Free Workplace. All College policies are located at https://lcc.edu/about/board-of-trustees/policies.html. These policies may be updated throughout the life of the Contract and/or relocated on the website. The Contractor will be responsible for adherence to the updated policies. LCC has the right to demand Contractor remove any employee if conduct of the employee violates the Colleges policies, or violates any applicable laws, codes, or ordinances.

32. INVOICES: Invoices are not payable until the shipment is inspected and accepted by the College. In the event the College makes payment of invoice within the period allowed for the purpose of obtaining any cash discount offered, such payment shall not prejudice the right of the College to return goods found defective or which fail inspection and receive credit or reimbursement from Contractor. Individual invoices showing order number and purchase item number, must be issued for each shipment applying against this order. The College reserves right to return all invoices submitted incorrectly. Each delivered container must be labeled or marked to identify contents without opening, and all boxes and packages must contain packing sheets listing contents. The College’s Purchase Order number must appear on all packing sheets, delivery tickets and bills of lading.

33. FOIA: Lansing Community College is a public entity subject to the Michigan Freedom of Information Act (FOIA). Therefore, this Agreement is subject to FOIA.

Contract Provisions for Non-Federal Entity Contracts Under Federal Awards This purchase is supported by federal funds. Therefore, it is subject to the Carl D. Perkins Career and Technical Education (CTE) Act, 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and Education Department General Administrative Regulations (EDGAR). By acceptance of this purchase order and/or agreement, Contractor is accepting and agree to comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives as well as the following:

(A) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

(B) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(C) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(D) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(E) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(F) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(G) Byrd Anti-Lobbying Amendment (31 U.S.C.