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Office of the Secretary of State State of Illinois PROCUREMENT OPPORTUNITY TO:

Bid/Proposal Manager

FROM:

Office of the Secretary of State Budget & Fiscal Management, Purchasing Division 501 S. Second St., 116 Howlett Building Springfield, IL 62756

DATE:

March 31, 2014

SUBJECT:

Purchase of two IBM P750 Servers and associated software for AIX environment. #14 IT 02 6016

_X__ Invitation for Bids (IFB) ____ Request for Proposals (RFP) ____ Request for Proposals Professional and Artistic Services (RFP P&A) ____________________________________________________________________________________ The Office of the Secretary of State is requesting offers from responsible vendors to meet its needs. A brief description is set forth below for your convenience, with detailed requirements in subsequent sections of this solicitation. If you are interested and able to meet these requirements, we would appreciate and welcome an offer. Brief Description: The Office of the Secretary of State is soliciting bids from qualified vendors for the purchase of two IBM P750 Servers and associated software. The solicitation package consists of the following sections: 1) "Instructions for Submitting Offers." This section advises what you need to know and do when preparing and submitting an offer to us. It also tells how we will evaluate your offer. The first page of the Instructions, the “INSTRUCTIONS” will provide dates, locations and other information specific to this solicitation. For our purposes, "Offer" is the term used to mean the response to an Invitation for Bids, or Request for Proposals and may sometimes be called a "bid" or "proposal". 2) "Solicitation Response Forms." We have presented our needs in the form of a proposed "Contract for Supplies and/or Services," which shows the specifications, how the offer must be priced, contract terms and other requirements. In addition, you must provide information about your company in the "Responsible Vendor Qualification" section, including conflict of interest disclosures and certifications. Without requested information we will not consider your response. Please read the entire solicitation package and submit your offer in accordance with the Instructions. The "Solicitation Response Forms," completed, signed and returned by you, will constitute your offer. Do not submit the Instructions pages with your offer. You should keep the Instructions and a copy of your offer (Solicitation Response Forms) for future reference. Please adhere to Form and Content of Offers requirements, or your offer/proposal may not be considered.

Cover Revised 07/2010

Ref. # 14IT026016

INSTRUCTIONS FOR SUBMITTING OFFERS

1.1

SUBMIT/DELIVER OFFERS TO: Office of the Secretary of State Budget & Fiscal Management Attn: Purchasing Division 501 S. Second St., 116 Howlett Bldg. Springfield, IL 62756

LABEL (outside of envelopes/containers): Office of the Secretary of State Vehicle Services Two IBM P750 Servers #14 IT 02 6016 Due: April 17, 2014 Time: 2:00 PM CST

Electronic Format Requested __N/A__ (Note: Offers will be opened at the above address.) 1.2

DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: APRIL 17, 2014 Time: 2:00 PM CST

1.3

NUMBER OF COPIES: Submit a signed original and 4 copies of your offer in a sealed container. If this is a Request for Proposals, submit price in a separate sealed envelope in the Offer Container.

1.4

OFFER FIRM TIME:

1.5

SECURITY/BOND: Bid/Offer Bond $____ or ____% Performance Bond $____ or ____% You must submit the Bid Bond with the Offer and the Performance Bond within 10 days after award. The bond must be from a surety licensed to do business in Illinois. The form of security must be acceptable to us.

1.6

VENDOR CONFERENCE/SITE VISIT: Mandatory Attendance: Date and Time: Location:

1.7

PROJECT CONTACT: If you have a question or suspect an error, you must immediately notify the Project Contract identified in this section. Do not discuss the solicitation of your Offer/Proposal, directly or indirectly, with any State officer or employee other than the Project Contact. Only written answer to questions shall be binding on the State.

_90_ Days from Opening

Yes Yes

X X

No No

Office of the Secretary of State Attn: Purchasing Division Budget & Fiscal Management 501 S. Second St., 116 Howlett Building Springfield, IL 62756 Phone: (217) 782-0828, Fax: (217) 524-0785 E-mail: [email protected]

Instructions [1] Revised 06/2010

Ref. #14IT026016

1.8

PROTEST REVIEW OFFICE: Office of the Secretary of State Attn: Purchasing Division Budget & Fiscal Management Howlett Building Springfield, IL 62756 Phone: 217/782-8892

Fax: 217/524-0785

You may submit a written protest of our actions to the PROTEST REVIEW OFFICE following the requirements of the Standard Procurement Rules (44 Ill. Adm. Code 2000.5550). All protests must be received by noon of the seventh calendar day after you knew or should have known of the facts giving rise to the protest.

1.9

SMALL BUSINESS SET-ASIDE: Yes ___ No _X_. If “Yes” is marked, this has been set-aside for award to small businesses in Illinois (30 ILCS 500/45-45). A small business (including affiliates) has annual sales for its most recently completed fiscal year less than (1) $10,000,000 for a wholesaler; (2) $6,000,000 for a retailer or business selling services; (3) $10,000,000 for a construction business; and must have less than 250 employees if a manufacturer. For complete requirements, contact the CMS Small Business Specialist at 217-782-4705, TDD 800-526-0844. 1.10 STATUTORY CITATIONS. This solicitation and any resulting contract are governed by Illinois law and administrative rules. You will find a number of statutory references in the solicitation that are designated "ILCS." The official text can be found in the appropriate chapter and section of the Illinois Compiled Statutes. An unofficial version of the statutes can be viewed at http://www.ilga.gov/legislation/ilcs/ilcs.asp. The Illinois Procurement Code (30 ILCS 500) and Standard Procurement Rules, which are applicable to this procurement, may be viewed at http://www.ilga.gov/legislation/ilcs/ilcs.asp.

1.11

ILLINOIS PROCUREMENT BULLETIN. The Office of the Secretary of State (SOS) publishes in the electronic Illinois Procurement Bulletin (Supplies and Services Edition) various procurement information including Notices of Procurement Opportunities and Notices of Award. Procurement information may not be available in any other form or location. You may register to view and download procurement information at http://www.purchase.state.il.us. You are responsible for monitoring the Bulletin; we cannot be held responsible if you fail to receive the optional e-mail notices.

1.12

SUBMISSION OF OFFER. (See INSTRUCTIONS). You may mail or hand-deliver offers, including amendments. SOS does not allow computer, fax, or other electronic submissions unless authorized on the INSTRUCTIONS. SOS must receive submissions as specified. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are State of Illinois local times. You must allow adequate time to accommodate all security screenings prior to delivery and at the delivery site.

1.13

FORM AND CONTENT OF OFFERS. The "Solicitation Response Forms," completed, signed and returned by you, will constitute your offer. An original and the designated number of copies of each offer are required (See INSTRUCTIONS). Failure to submit the required number of copies may prevent your offer from being evaluated within the allotted time. Offers, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. The SOS may require that offers be submitted in electronic form. Your offer must provide all information requested and must address all points. SOS does not encourage exceptions as we have extremely limited ability to grant exceptions particularly in regard to statutory requirements. SOS is not required to grant exceptions and depending on the exception, we may have to reject your offer. If the space provided for your response is not sufficient, please state “see attachment” and label and include your attachment. Do not bind or use binders for your offer/proposal; please use staples, binder clips or rubber bands. The page numbering of your offer must be the same as the Invitation Instructions [2]

Revised 06/2010

Ref. #14IT026016

for Bids/Request for Proposals page numbering. Do not convert this document into a modifiable document, e.g. converting from a PDF document to a word processing document. If any offer/proposal deviates from these requirements, your offer/proposal may not be considered.

1.14

MODIFICATION / WITHDRAWAL OF OFFER. Written requests to modify or withdraw the offer received by SOS prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the offer and marked as a MODIFICATION or WITHDRAWAL of the offer.

1.15

QUESTIONS. Please direct all questions (and requests for ADA accommodations) to the SOS PROJECT CONTACT (See INSTRUCTIONS). Questions received less than seven calendar days prior to the due date and time may be answered at the discretion of the SOS. SOS will provide written answers to questions of a general nature or which would affect the solicitation. SOS will either send them to all eligible recipients of the solicitation or post them in the Illinois Procurement Bulletin. Only written answers to questions shall be binding on the SOS.

1.16

VENDOR CONFERENCE/SITE VISIT. (See INSTRUCTIONS). A vendor conference may be mandatory as a condition of submitting an offer. The conference/site visit provides interested parties an opportunity to discuss the SOS needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. You must allow adequate time to accommodate security screenings at the site.

1.17

RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If you suspect an error, omission or discrepancy in this solicitation, you must immediately notify the PROJECT CONTACT.

1.18

OPENING BIDS/PROPOSALS. (See INSTRUCTIONS). SOS will open all offers properly and timely submitted, and will record the names and other information specified by law and rule. All offers become the property of the State and will not be returned except in the case of a late submission.

1.19

LATE DELIVERY. SOS will not consider offers received at the opening location after the stated due date and time.

1.20

OFFER FIRM TIME. (See INSTRUCTIONS). Offers shall remain firm and unaltered after opening for the number of days shown. SOS may accept your offer, subject to successful contract negotiations, at any time during the offer firm time.

1.21

SECURITY. (See INSTRUCTIONS). You must provide any required offer security (i.e., bid bond) with the offer, and performance security within 10 days of our accepting your offer unless a different time is specified herein. Security shall be in the form of a bond unless otherwise agreed.

Instructions [3] Revised 06/2010

Ref. #14IT026016

1.22

PRESENTATIONS AND INSPECTIONS. You must provide a formal presentation of the offer upon request. SOS reserves the right to inspect and review your facilities, equipment and personnel and those of any identified subcontractors.

1.23

BEST & FINAL. SOS may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, you should not expect that SOS will ask for best & finals to give you an opportunity to strengthen your proposal. Therefore, you must submit your best offer based on the terms and condition set forth in this solicitation.

1.24

EVALUATION AND AWARD. SOS evaluates offers using criteria shown in this solicitation. If we select your offer for award, SOS will send you written notice and will post the notice to the Illinois Procurement Bulletin. Such notice will extend the Offer Firm Time until we sign a contract or determine negotiations with you have failed. Receipt or posting of a notice of award is not equivalent to a contract with the State. Protested awards are subject to resolution of the protest.

1.25

PROTESTS. If you object to any provision of the solicitation, believe SOS improperly rejected your offer, or believe the selected offer is not in the State's best interests, you may submit a written protest. SOS must receive the protest within 7 calendar days after actual or constructive knowledge of the facts giving rise to the protest. You shall be deemed to have notice as of the date of publication in the Illinois Procurement Bulletin, unless you had earlier actual notice. Protests of specifications must be submitted within 7 calendar days after first publication. You must submit your protest to the PROTEST REVIEW OFFICE, or if there is no such designation to the PROJECT CONTACT (See INSTRUCTIONS). SOS will consider only written protests that are properly and timely submitted. SOS will issue a written decision and that decision is final.

1.26

CONTRACT NEGOTIATIONS. You must be prepared for us to accept your offer as submitted, but we may require contract negotiations if necessary or desirable. If negotiations do not result in an acceptable agreement, we may reject your offer or revoke the award, and may begin negotiations with another vendor. Final contract terms must be approved or signed by the appropriately authorized State official(s).

1.27

COMMENCEMENT OF WORK. You will not bill and SOS will not pay for any work in furtherance of the contract prior to execution of the contract.

1.28

RESERVATIONS. SOS reserves the right to reject all offers; to reject individual offers for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; and to waive minor defects. SOS may seek clarification of the offer from you at any time, and failure to respond is cause for rejection. Clarification is not an opportunity to change the offer. Submission of an offer confers on you no right to an award or to a subsequent contract. This process is for the State's benefit only and is to provide the State with competitive information to assist in the selection process. All decisions on compliance, evaluation, terms and conditions shall be made solely at SOS’s discretion.

1.29

VENDOR CONTACT. SOS will consider the person who signed the offer to be the contact person for all matters pertaining to the offer unless you designate some other person in writing.

1.30

COST OF PREPARATION. SOS is not responsible for and will not pay any costs associated with the preparation and submission of the offer. Instructions [4]

Revised 06/2010

Ref. #14IT026016

1.31

PUBLIC INFORMATION. All information submitted is subject to the Illinois Freedom of Information Act (5 ILCS 140), the Illinois Procurement Code and other applicable laws and rules. Vendors claiming exemption from disclosure of certain portions of the offer must do so in a separate section of the offer labeled “Confidential Information”. Any claim of exemption must be noted as an exception in the Vendor Provided Additional Material and Exceptions. This section must clearly identify the pages containing confidential information and the basis for the claim of confidentiality. SOS will determine whether claimed exemptions apply. Upon award the name of the successful vendor and price, as well as sufficient information from that offer will be made available to the public to allow for meaningful review and protest regardless of any claim of exemption. SOS must disclose only the record (name, and in the case of IFBs, the price) after award of the unsuccessful offers. Final results of the SOS’s evaluation shall be public.

1.32

PUBLIC CONTRACTS NUMBER. Vendors with 15 or more employees must have a Public Contracts Number issued by (or completed application submitted to) the Illinois Department of Human Rights (IDHR) prior to the opening date. Contact IDHR at 312-814-2431.

1.33

OUT OF STATE COMPANIES. All companies must be authorized to transact business in Illinois. Please contact the Illinois Secretary of State Department of Business Services (217/782-1834) regarding a Certificate of Authority to Transact Business in Illinois (805 ILCS 5/13). Application Form BCA 13.15 may be downloaded from www.sos.state.il.us/departments/business_services/bca.html.

1.34

NON-DISCRIMINATION POLICY. In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, and Section 504 of the Federal Rehabilitation Act, the State of Illinois does not unlawfully discriminate in awarding of contracts or any other activity.

1.35

CONTRACTOR SUSPENSION. Any vendor/contractor may be suspended for violation of the Illinois Procurement Code or for failure to conform to specifications or terms of delivery. Suspension shall be for cause and may be for a period of up to the maximum provided by law at the discretion of the applicable chief procurement officer. Vendor/contractors may be barred in accordance with rules promulgated by the chief procurement officer or as otherwise provided by law. (30 ILCS 500/50-65).

1.36

COMPLETION OF SOLICITATION RESPONSE FORMS. The Solicitation Response forms consist of the "Contract for Supplies and Services" and "Responsible Vendor Qualification" information. You must complete, respond to and submit all sections of each set of forms including attachments, clearly show any "exceptions," sign and return each of the forms as indicated. The SOS may provide an electronic form of this solicitation and require that you respond in like form (see INSTRUCTIONS). The electronic version may include additional instructions. 1) RESPONSIBLE VENDOR QUALIFICATION. You must sign the Responsible Vendor Qualification page and provide the information requested in the attachments. This information is used to determine whether you qualify as a “responsible” vendor. If you do not provide this information, we may not be able to consider your offer. The Vendor Qualification section is arranged as follows:    

Business and Directory Information Authorized to Do Business in Illinois Prohibited Assistance to Agency References Instructions [5]

Revised 06/2010

Ref. #14IT026016

     

Illinois Department of Human Rights Public Contract Number Minority, Female, Person with a Disability Status and Subcontracting Illinois State Board of Elections Certification Disclosures Certifications Taxpayer Identification Number

2) CONTRACT FOR SUPPLIES AND/OR SERVICES. This is the part of the solicitation that shows what we require in terms of specifications, contract terms and other requirements. The Contract for Supplies and Services is arranged as follows: Contract For Supplies and/or Services Signature Page Description of Supplies and Services Pricing/Compensation Standard Terms, Conditions and Certifications Supplemental Terms and Conditions Vendor Provided Additional Material and Exceptions The Contract for Supplies and/or Services identifies the parties and the other elements of what will be the contract. By executing, you are making an offer to perform in accordance with the terms and conditions found in each section as modified by any exceptions properly submitted. SOS may accept your offer as submitted by signing the Contract for Supplies and/or Services signature page or may propose a counter-offer. It may be necessary to make modifications to the forms after award, or as a condition to award, to accurately reflect the final understanding of the Parties. Submit two copies of the Contract for Supplies and/or Services Signature Page if you wish to have an original signature returned to you. Pricing shall be included in the Pricing/Compensation section. When responding to a Request for Proposals, place this attachment in a separate sealed envelope in the offer container. Any Supplemental Terms and Conditions required by the SOS will be noted, attached, and will supersede anything to the contrary in the Standard Terms and Conditions. Provide any additional material that you desire SOS to consider in evaluating your offer in the Vendor Provided Additional Material and Exceptions section. Provide detailed descriptions of any exceptions you propose on the SOS’s Contract Terms and Conditions - Exceptions Form or in your format that is substantially similar to the SOS’s format.

1.37

CRITERIA FOR EVALUATION AND AWARD. SOS evaluates four categories of information: administrative compliance, vendor responsibility, responsiveness and price. All offers, regardless of the type of solicitation, must meet the following administrative and responsibility criteria. a)

Administrative Compliance. SOS will determine whether the offer complied with the Instructions for Submitting Offers. SOS must reject your offer if you submit it late. Failure to meet other requirements could result in rejection. Except for late submissions, SOS may require the vendor/contractor to correct deficiencies as a condition of further evaluation.

b)

Vendor Responsibility. SOS will determine whether the VENDOR submitting the offer is one with whom SOS can or should do business. Factors that SOS may evaluate to determine "responsibility" include, but are not limited to: certifications, conflict of interest disclosures, taxpayer identification number, past performance, references (including those found outside the offer), compliance with applicable laws, financial stability and the perceived ability to perform completely as specified. A VENDOR must at all times have financial resources sufficient, in the opinion of the State, to ensure performance of the contract and must provide proof upon request. SOS will determine whether any failure to supply information, or the quality of the information, will result in rejection. Instructions [6]

Revised 06/2010

Ref. #14IT026016

c)

Evaluation of "responsiveness" and "price" differ depending on the type of solicitation. The evaluation and award criteria for each type of solicitation (Invitation for Bids, Request for Proposals, and Request for Proposals for Professional and Artistic Services) are shown in the following subsections. Only the appropriate subsection applies to this solicitation. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon a showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the State’s needs may be accepted. Point and other such evaluation methods are tools SOS uses to aid in the evaluation process, but are not always definitive. SOS reserves the right to use our discretion to eliminate offers that we deem unacceptable.

d)

Invitation for Bids. SOS will identify the lowest cost offer and may rank the others in order of price. The responsible VENDOR who submitted the lowest cost offer that meets "administrative" and "responsiveness" requirements shall be eligible for award.

e)

Request for Proposals (including for Professional and Artistic Services). SOS will determine how well offers meet our requirements in terms of “responsiveness” to the specifications. SOS will rank offers, without consideration of price, from best to least qualified using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. References may be considered again in this portion of the evaluation. SOS will determine whether any failure to supply information, or the quality of the information, will result in rejection or downgrading the offer. Vendors who do not rank sufficiently high need not be considered for price evaluation and award. The “responsible” offeror whose offer meets “administrative” requirements and whose offer is most advantageous shall be eligible for award. If SOS does not consider the price submitted in response to any type of RFP to be fair and reasonable and that price cannot be negotiated to an acceptable level, SOS reserves the right to award to the next highest ranked vendor. SOS will determine whether the price is fair and reasonable by considering the offer, including the vendor's qualifications, the vendor's reputation, all prices submitted, other known prices, the project budget and other relevant factors. The point evaluation system is described below: The total number of points for "responsiveness" is _______. Vendors who do not receive _______ of the total "responsiveness" points need not be considered for price evaluation and award. The elements of responsiveness that will be evaluated and their relative weights are: Elements

Weight

Price will be a weighted element except for Requests for Proposals for Professional and Artistic Services (P&A). For P&A RFPs, price will not be considered in determining the most qualified vendor, but prices submitted by all vendors will be used in negotiating a fair and reasonable price. The total number of points for "price" is _____. We will determine "price" points using the following formula: Lowest Price Maximum price points X --------------------------- = Total Price Points Offeror's Price The maximum number of points is ______ (Responsiveness _____ plus Price _____). f)

Alternative Evaluation. If three or fewer offers are received in response to either type of request for proposals, the offers may be evaluated using simple comparative analysis of the elements of responsiveness (and price where applicable) instead of any announced method of evaluation (such as points). END OF INSTRUCTIONS Instructions [7]

Revised 06/2010

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RESPONSIBLE VENDOR QUALIFICATION AGENCY determines whether you are a “Responsible” Vendor, which is a VENDOR with whom AGENCY can or should do business. This information is of general applicability and consists of the attached forms:          

Business and Directory Information Authorized to Do Business in Illinois Documentation Prohibited Assistance to Agency References Department of Human Rights Public Contract Number Minority, Female, Person with a Disability Status and Subcontracting State Board of Elections Certification Taxpayer Identification Number Disclosures Certifications

The undersigned authorized representative of VENDOR submits the above described and attached RESPONSIBLE VENDOR QUALIFICATION information to the AGENCY with the understanding AGENCY will use and rely upon the accuracy and currency of the information in the evaluation of VENDOR's offer to the AGENCY.

Vendor (show official name and DBA) _______________________________________ _______________________________________ Signature _______________________________ Printed Name____________________________ Title____________________________________ Date___________________________________ Address________________________________ _______________________________________ Phone/Fax ______________________________ E-mail__________________________________

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AUTHORIZED TO DO BUSINESS IN ILLINOIS A “Responsible” Vendor must exist as a legal entity and must be authorized to do business in Illinois at the time a bid or proposal is submitted for a State contract. As a condition of award, Vendor must produce evidence of good standing, which may include a Certificate of Good Standing issued by the Illinois Secretary of State’s Department of Business Services. The undersigned hereby certifies that it is a legal entity authorized to do business in Illinois. Vendor (show official name and DBA) _______________________________________ _______________________________________ Signature _______________________________ Printed Name____________________________ Title____________________________________ Date___________________________________ Address________________________________ _______________________________________ Phone/Fax ______________________________ E-mail__________________________________

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PROHIBITED ASSISTANCE TO AGENCY Public Law 96-0795 provides a person assisting the State of Illinois or a State agency in determining whether there is a need for contract is a prohibited bidder unless such information was part of a response to a publicly issued request for information (RFI). Additionally, a person assisting the State of a State agency by reviewing, drafting, or preparing a request for proposals or request for information or providing similar assistance is deemed a prohibited bidder. Pursuant to Public Law 96-0795, the undersigned hereby certifies that it:

____

is not a “prohibited bidder”

____

is a “prohibited bidder”

Vendor (show official name and DBA) _______________________________________ _______________________________________ Signature _______________________________ Printed Name____________________________ Title____________________________________ Date___________________________________ Address________________________________ _______________________________________ Phone/Fax ______________________________ E-mail__________________________________

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BUSINESS AND DIRECTORY INFORMATION 1.

Name of Business (official name and DBA).

2.

Business Headquarters (address, phone and fax).

3.

If a Division or Subsidiary of another organization provide the name and address of the parent.

4.

Billing Address.

5.

Name of Chief Executive Officer.

6.

Customer Contact (name, title, address, phone, toll-free number, fax, and e-mail).

7.

Company Web Site Address.

8.

Type of Organization (sole proprietor, corporation, etc.--should be same as on Taxpayer ID form below).

9.

Length of time in business.

10.

Annual Sales for Vendor’s most recently completed fiscal year.

11.

Show number of full-time employees, on average, during the most recent fiscal year.

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REFERENCES Provide references from established firms or government agencies (four preferred; two of each type preferred) other than the procuring agency that can attest to your experience and ability to perform the contract that is the subject of this solicitation.

1.

Firm/Government Agency (name)

Contact Person (name, address, phone)

Date and type of Supplies/Services Provided

2.

Firm/Government Agency (name)

Contact Person (name, address, phone)

Date and type of Supplies/Services Provided

3.

Firm/Government Agency (name)

Contact Person (name, address, phone)

Date and type of Supplies/Services Provided

4.

Firm/Government Agency (name)

Contact Person (name, address, phone)

Date and type of Supplies/Services Provided

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ILLINOIS DEPARTMENT OF HUMAN RIGHTS (IDHR) PUBLIC CONTRACT NUMBER

If you employed fifteen or more full-time employees at any time during the 365-day period immediately preceding the publication of this solicitation in the Illinois Procurement Bulletin (or issuance date if not published), you must have a current IDHR Public Contract Number or have proof of having submitted a completed application for one prior to the offer opening date. (775 ILCS 5/2-105). If we cannot confirm compliance, we will not be able to consider your bid or offer. Please complete the appropriate sections below. Name of Company (and DBA) ____________________________________________________. ______ (check if applicable) The number is not required as the company has employed 14 or less full-time employees during the 365-day period immediately preceding the publication of this solicitation in the Illinois Procurement Bulletin (or issuance date if not published). IDHR Public Contracts Number ____________________ Expiration Date __________________. If number has not yet been issued, provide the date completed application for the number was submitted to IDHR __________________________________. (Date Submitted Completed Application) NOTICE: Upon expiration and until their Contractor Identification Number is renewed, companies will not be eligible to be awarded contracts by the State of Illinois or other jurisdictions that require a current DHR number as a condition of contract eligibility (44 IL Adm. Code 750.210(a)) Numbers issued by the Department of Human Rights (or its predecessor agency, the Illinois Fair Employment Practices Commission) prior to July 1, 1998, are no longer valid. This affects numbers below 89999-00-0. Valid numbers begin with 90000-00-0. IF YOUR ORGANIZATION HOLDS AN EXPIRED NUMBER, YOU MUST RE-REGISTER WITH DHR.

You can obtain an application form by: 1. Telephone: Call the DHR Public Contracts Unit at (312) 814-2431 between Monday and Friday, 8:30 AM - 5:00 PM, CST. [TDD (312) 263-1579]. 2. Internet: Download the form from the Internet at "www.state.il.us/cms". In the Selling to Illinois area of the CMS home page, click the "Register to do business with the State" line in the How to Sell to Illinois section. 3. Mail: Write to the Department of Human Rights, Public Contracts Unit, 100 West Randolph Street, Suite 10-100, Chicago, IL 60601.

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MINORITY, FEMALE, PERSON WITH DISABILITY STATUS AND SUBCONTRACTING

The Business Enterprise Program Act for Minorities, Females and Persons with Disabilities (BEP) (30 ILCS 575/1) establishes a goal for contracting with businesses that have been certified as owned and controlled by persons who are minority, female or who have disabilities. While you must complete this form, your response will not be considered in the evaluation. A listing of certified businesses may be obtained from the Department of Central Management Services' Business Enterprise Program for Minorities, Females and Persons with Disabilities by calling 312/814-4190 (Voice & TDD), 800/356-9206 (Toll Free), or 800/526-0844 (Illinois Relay Center for Hearing Impaired). Name of Your Company (and DBA)________________________________________________ a.

Is your company at least 51% owned and controlled by individuals in one or more of the following categories? Yes No If "Yes," check each that applies. Category Minority Female Person with Disability Disadvantaged

b.

If "Yes," please identify, by checking the applicable blanks, which agency certified the business and in what category: Certifying Agency Department of Central Management Services Women's Business Development Center Chicago Minority Business Development Council Illinois Department of Transportation Other (identify) Category Minority Female Person with Disability Disadvantaged

c.

If you are not a certified BEP business, do you have a written policy or goal regarding contracting or subcontracting with BEP certified vendors? Yes ____ (attach copy) No ____ If "No", will you make a commitment to contact BEP certified vendors and consider them for subcontracting opportunities on this contract? Yes ____ No ____ Do you plan on ordering supplies or services in furtherance of this contract from BEP certified vendors? Yes ____ No ____ If "Yes", please identify what you plan to order, the estimated value as a percentage of your total proposal, and the names of the BEP certified vendors you plan to use.

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OFFICE OF THE ILLINOIS SECRETARY OF STATE STATE BOARD OF ELECTIONS CERTIFICATION FORM Pursuant to P.A. 95-971 and Section 20-160(b) of the Illinois Procurement Code (30 ILCS 500/20-160(b)), the undersigned hereby certifies that it:

___

is not required to register with the Illinois State Board of Elections pursuant to Section 20160 of the Illinois Procurement Code. In the event this status should change, the undersigned shall comply and forward a copy of the certification to the Secretary of State.

___

has registered with the Illinois State Board of Elections pursuant to Section 20-160 of the Illinois Procurement Code and acknowledges a continuing duty to update the registration. (If registered, a copy of the certificate of registration must accompany this form.)

(Check One) The undersigned also hereby acknowledges that the failure to comply with Section 20-160 of the Illinois Procurement Code shall render the contract/procurement described below voidable. Business Entity or Individual Submitting Bid or Executing Contract:

Authorized Signature Authority of the Individual Completing this Certification

_________________________________ Company Name

_________________________________ Name

_________________________________ Address

_________________________________ Title

_________________________________ City

_________________________________ Signature

_________________________________ State and Zip Code

_________________________________ Date

Taxpayer Identification Number: ________________________________ (FEIN/Social Security Number) Return Mailing Address:

Secretary of State Budget & Fiscal Management Room 124 Howlett Building Springfield, IL 62756

8 Revised 07/2010

Ref. #14IT026016

DISCLOSURES AND CONFLICTS OF INTEREST Instructions: Contractor shall disclose financial interests, potential conflicts of interest and contract information identified in Sections 1, 2 and 3 below as a condition of receiving an award or contract (30 ILCS 500/50-13 and 50-35). Failure to fully disclose shall render the contract, bid, proposal, subcontract, or relationship voidable by the chief procurement officer if s/he deems it in the best interest of the State of Illinois and may be cause for being barred from future contracts, bids, proposals, subcontracts, or relationships with the State.  

There are five sections to this form and each must be completed to meet full disclosure requirements. Note: The requested disclosures are a continuing obligation and must be promptly supplemented for accuracy throughout the process and throughout the term of the resultant contract if the bid/offer is awarded. As required by 30 ILCS 500/50-2, for multi-year contracts Contractors must submit these disclosures on an annual basis.

A publicly traded entity may submit its 10-K disclosure in satisfaction of the disclosure requirements set forth in Section 1 below (please complete Section 1(a) and then go to Section 2 on page 5). HOWEVER, if a Contractor submits a 10-K, it must still must complete Sections 2, 3, 4 and 5 and submit the disclosure form. If the Contractor is a wholly owned subsidiary of a parent organization, separate disclosures must be made by the Contractor and the parent organization. For purposes of this form, a parent organization is any entity that owns 100% of the Contractor. This disclosure information is submitted on behalf of (show official name of Contractor, and if applicable, D/B/A and parent organization): Name of Contractor: D/B/A (if used): Name of any Parent Organization:

Section 1: Section 50-35 Disclosure of Financial Interest in the Contractor. (All Contractors EXCEPT those who submit a 10-K or a 20-F or 40-F with the required supplemental information must complete this section) Contractors must complete subsection (a), (b) or (c) below. Please read the following subsections and complete the information requested. a.

If Contractor is a publicly traded corporation subject to SEC reporting requirements, i.

Contractor shall submit their 10-K disclosure (include proxy if referenced in 10-K) in satisfaction of the financial and conflict of interest disclosure requirements set forth in subsections 50-35 (a) and (b) of the Illinois Procurement Code. The SEC 20-F or 40-F, supplemented with the names of those owning in excess of 5% and up to the ownership percentages disclosed in those submissions, may be accepted as being substantially equivalent to the 10-K. Check here if submitting a 10-K

, 20-F

, or 40-F

.

OR

9 Revised 07/2010

Ref. #14IT026016

b.

If Contractor is a privately held corporation with more than 400 shareholders, i.

These Contractors may submit the information identified in 17 CFR 229.401 and list the names of any person or entity holding any ownership share in excess of 5% in satisfaction of the financial and conflict of interest disclosure requirements set forth in subsections 50-35 (a) and (b) of the Illinois Procurement Code (30 ILCS 500 et seq.). OR

c.

If Contractor is an individual, sole proprietorship, partnership, trust, or any other not qualified to use subsections (a) or (b), complete (i) and (ii) below as appropriate. i.

For each individual having any of the following financial interests in the Contractor (or its parent), please mark each that apply and show the applicable name and address. Use a separate form for each individual and label each separate form. 1. Do you have an ownership share of greater than 5% of the offering entity or parent entity? Yes

No

2. Do you have an ownership share of less than 5%, but which has a value greater than $106,447.20? Yes

No

3. Do you receive more than $106,447.20 of the offering entity’s or parent entity’s distributive income? (Note: Distributive income is, for these purposes, any type of distribution of profits. An annual salary is not distributive income.) Yes

No

4. Do you receive greater than 5% of the offering entity’s or parent entity’s total distributive income, but less than $106,447.20? Yes

No

5. If you responded yes to any of questions 1 – 4 above, please provide either the percentage or dollar amount of your ownership or distributive share of income: . For partnerships with more than 50 partners, the percentage share of ownership of each individual identified above may be shown in the following ranges (dollar value fields must also be completed when applicable): 0.5% or less____>0.5 to 1.0% ____>1.0 to 2.0%____ >2.0 to 3.0 %____> 3.0 to 4.0%____% >4.0 to 5.0%_____and in additional 1% increments as appropriate ________% 6. If you responded yes to any of the questions 1-4 above, please check the appropriate type of ownership/distributable income share: Sole Proprietorship

Stock

Partnership

Other (explain)

Name: Address:

ii.

In relation to individuals identified above, indicate whether any of the following potential conflicts of interest relationships apply. If "Yes," please describe each situation (label with appropriate letter) 10

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using the space at the end of this Section (attach additional pages as necessary). If no individual has been identified above, mark not applicable (N/A) here . (a)

State employment, currently or in the previous 3 years, including contractual employment of services directly with the individuals identified in Section 1 in their individual capacity unrelated to the Contractor's contract.

Yes

No

(b)

State employment of spouse, father, mother, son, or daughter, including contractual employment for services in the previous 2 years.

Yes

No

(c)

Elective status; the holding of elective office of the State of Illinois, the government of the United States of America, any unit of local government authorized by the Constitution of the State of Illinois or the statutes of the State of Illinois currently or in the previous 3 years.

Yes

No

(d)

Relationship to anyone holding elective office currently or in the previous 2 years; spouse, father, mother, son, or daughter.

Yes

No

(e)

Appointive office; the holding of any appointive government office of the State of Illinois, the United States of America, or any unit of local government authorized by the Constitution of the State of Illinois or the statutes of the State of Illinois, which office entitles the holder to compensation in excess of expenses incurred in the discharge of that office currently or in the previous 3 years.

Yes

No

(f)

Relationship to anyone holding appointive office currently or in the previous 2 years; spouse, father, mother, son, or daughter.

Yes

No

(g)

Employment, currently or in the previous 3 years, as or by any registered lobbyist of the State of Illinois government.

Yes

No

(h)

Relationship to anyone who is or was a registered lobbyist of the State of Illinois government in the previous 2 years; spouse, father, mother, son, or daughter.

Yes

No

(i)

Compensated employment, currently or in the previous 3 years, by any registered election or re-election committee registered with the Secretary of State or any county clerk in the State of Illinois, or any political action committee registered with either the Illinois Secretary of State or the Federal Board of Elections.

Yes

No

(j)

Relationship to anyone; spouse, father, mother, son, or daughter who is or was a compensated employee in the last 2 years of (a) any registered election or reelection committee registered with the Illinois Secretary of State or any county clerk in the State of Illinois or (b) any political action committee registered with either the Illinois Secretary of State or the Federal Board of Elections.

Yes

No

11 Revised 07/2010

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Section 2: Section 50-13 Conflicts of Interest (All Contractors must complete this section) (a) Prohibition. It is unlawful for any person holding an elective office in this State, holding a seat in the General Assembly, or appointed to or employed in any of the offices or agencies of State government and who receives compensation for such employment in excess of 60% of the salary of the Governor of the State of Illinois ($106,447.20), or who is an officer or employee of the Capital Development Board or the Illinois Toll Highway Authority, or who is the spouse or minor child of any such person to have or acquire any contract or any direct pecuniary interest in any contract therein, whether for stationery, printing, paper, or any services, materials, or supplies, that will be wholly or partially satisfied by the payment of funds appropriated by the General Assembly of the State of Illinois or in any contract of the Capital Development Board or the Illinois Toll Highway Authority. (b) Interests. It is unlawful for any firm, partnership, association, or corporation, in which any person listed in subsection (a) is entitled to receive (i) more than 7 1/2% of the total distributable income or (ii) an amount in excess of the salary of the Governor ($177,412.00), to have or acquire any such contract or direct pecuniary interest therein. (c) Combined interests. It is unlawful for any firm, partnership, association, or corporation, in which any person listed in subsection (a) together with his or her spouse or minor children is entitled to receive (i) more than 15%, in the aggregate, of the total distributable income or (ii) an amount in excess of 2 times the salary of the Governor ($354,824.00), to have or acquire any such contract or direct pecuniary interest therein. Check One:

No Conflicts of Interest Potential Conflict of Interest (If checked, name each conflicted individual, the nature of the conflict, and the name of the State agency that is associated directly or indirectly with the conflicted individual.)

Section 3: Debarment/Legal Proceeding Disclosure (All Contractors must complete this section). Each of the persons identified in Sections 1, 2 and 3 must each identify any of the following that occurred within the previous 10 years: Debarment from contracting with any governmental entity Professional licensure discipline Bankruptcies Adverse civil judgments and administrative findings Criminal felony convictions

Yes Yes Yes Yes Yes

No No No No No

If any of the above are checked yes, please identify with descriptive information the nature of the debarment and legal proceeding. The State reserves the right to request more information, should the information need further clarification.

12 Revised 07/2010

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Section 4: Disclosure of Business Operations with Iran (All Contractors must complete this section). In accordance with 30 ILCS 500/50-36, each bid, offer, or proposal submitted for a State contract, other than a small purchase defined in Section 20-20 of the Illinois Procurement Code, shall include a disclosure of whether or not the bidder, offeror, or proposing entity, or any of its corporate parents or subsidiaries, within the 24 months before submission of the bid, offer, or proposal had business operations that involved contracts with or provision of supplies or services to the Government of Iran, companies in which the Government of Iran has any direct or indirect equity share, consortiums or projects commissioned by the Government of Iran and: (1)

more than 10% of the company’s revenues produced in or assets located in Iran involve oilrelated activities or mineral-extraction activities; less than 75% of the company’s revenues produced in or assets located in Iran involve contracts with or provision of oil-related or mineral – extraction products or services to the Government of Iran or a project or consortium created exclusively by that Government; and the company has failed to take substantial action; or

(2)

the company has, on or after August 5, 1996, made an investment of $20 million or more, or any combination of investments of at least $10 million each that in the aggregate equals or exceeds $20 million in any 12- month period that directly or significantly contributes to the enhancement of Iran’s ability to develop petroleum resources of Iran.

A bid, offer, or proposal that does not include this disclosure shall not be considered responsive. We may consider this disclosure when evaluating the bid, offer, or proposal or awarding the contract. You must check one of the following items and if item 2 below is checked you must also make the necessary disclosure: (1)

(2)

There are no business operations that must be disclosed to comply with the above cited law. The following business operations are disclosed to comply with the above cited law:

Section 5: Current and Pending Contracts (All Contractors must complete this section). Does the Contractor have any contracts pending contracts, bids, proposals or other ongoing procurement relationships with units of State of Illinois government? Yes No If yes, please identify each contract, pending contract, bid, proposal and other ongoing procurement relationship it has with units of State of Illinois government by showing agency name and other descriptive information such as bid number, project title, purchase order number or contract reference number.

13 Revised 07/2010

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Section 6: Representative Lobbyist/Other Agent (All Contractors must complete this section). Is the Contractor represented by or does the Contractor employ a lobbyist or other agent who is not identified under Sections 1 and 2 who has communicated, is communicating, or may communicate with any State officer or employee concerning the bid, offer or contract? Yes No If yes, please identify each agent / lobbyist, including name and address.

Please identify the costs/fees/compensation/reimbursements related to assistance to obtain contract (describe):

Contractor certifies that none of these costs will be billed to the State in the event of contract award. Contractor must file this information with the Secretary of State.

The information in the Disclosures and Conflicts of Interest sections shown above are signed and made under penalty of perjury. This Disclosure information is submitted on behalf of: (Contractor Name) Name of Authorized Representative: Title of Authorized Representative: Signature of Authorized Representative: Date:

14 Revised 07/2010

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STANDARD CERTIFICATIONS Contractor acknowledges and agrees that compliance with this section and each subsection for the term of the contract and any renewals is a material requirement and condition of this contract. By executing this contract, Contractor certifies compliance with this section and each subsection and is under a continuing obligation to remain in compliance and report any non-compliance. This section and each subsection applies to subcontractors used on this contract. Contractor shall include these Standard Certifications in any subcontract used in the performance of the contract using the Standard Subcontractor Certification form provided by the Illinois Secretary of State. If this contract extends over multiple fiscal years including the initial term and all renewals, Contractor and its subcontractors shall confirm compliance with this section in the manner and format determined by the Illinois Secretary of State by the date specified by the Illinois Secretary of State and in no event later than July 1 of each year that this contract remains in effect. If the Parties determine that any certification in this section is not applicable to this contract it may be stricken without affecting the remaining subsections but the statutory basis for the determination must be provided. 1.

As part of each certification, Contractor acknowledges and agrees that should Contractor or its subcontractors provide false information, or fail to be or remain in compliance with the Standard Certification requirements, one or more of the following sanctions will apply:   

the contract may be void by operation of law, the State may void the contract, and the Contractor and it subcontractors may be subject to one or more of the following: suspension, debarment, denial of payment, civil fine, or criminal penalty.

Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other sanctions or preclude application of sanctions not specifically identified. 2.

Contractor certifies it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and applicable rules in its performance under this contract.

3.

Contractor certifies it is not in default on an educational loan (5 ILCS 385/3). This applies to individuals, sole proprietorships, partnerships and individuals as members of LLCs.

4.

Contractor (if an individual, sole proprietor, partner or an individual as member of a LLC) certifies it has not received (i) an early retirement incentive prior to 1993 under Section 14-108.3 or 16-133.3 of the Illinois Pension Code (40 ILCS 5/14-108.3 and 40 ILCS 5/16-133.3) or (ii) an early retirement incentive on or after 2002 under Section 14-108.3 or 16-133.3 of the Illinois Pension Code (40 ILCS 5/14-108.3 and 40 ILCS 5/16-133)(30 ILCS 105/15a).

5.

Contractor certifies it is a properly formed and existing legal entity authorized to do business in Illinois (30 ILCS 500/1.15.80, 20-43). Contractor certifies that it has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State.

6.

To the extent there was a incumbent Contractor providing the services covered by this contract and the employees of that Contractor that provide those services are covered by a collective bargaining agreement, Contractor certifies (i) that it will offer to assume the collective bargaining obligations of the prior employer, including any existing collective bargaining agreement with the bargaining representative of any existing collective bargaining unit or units performing substantially similar work to the services covered by the contract subject to its bid or offer; and (ii) that it shall offer employment to all employees currently employed in any existing bargaining unit performing substantially similar work that will be performed under this contract (30 ILCS 500/25-80). This does not apply to heating, air conditioning, plumbing and electrical service contracts.

7.

Contractor certifies it has neither been convicted of bribing or attempting to bribe an officer or 15

Revised 07/2010

Ref. #14IT026016

employee of the State of Illinois or any other State nor made an admission of guilt of such conduct that is a matter of record (30 ILCS 500/50-5). 8.

If Contractor has been convicted of a felony, Contractor certifies at least five years have passed after the date of completion of the sentence for such felony, unless no person held responsible by a prosecutor’s office for the facts upon which the conviction was based continues to have any involvement with the business (30 ILCS 500/50-10).

9.

If Contractor, or any officer, director, partner, or other managerial agent of Contractor, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Contractor certifies at least five years have passed since the date of the conviction. Contractor further certifies that it is not barred from being awarded a contract and acknowledges that the State shall declare the contract void if this certification is false (30 ILCS 500/50-10.5).

10.

Contractor certifies it is not barred from having a contract with the State based on violating the prohibition on providing assistance to the state in identifying a need for a contract (except as part of a public request for information process) or by reviewing, drafting or preparing solicitation or similar documents for the State (30 ILCS 500/50-10.5e).

11.

Contractor certifies that it and its affiliates are not delinquent in the payment of any debt to the State (or if delinquent has entered into a deferred payment plan to pay the debt), and Contractor and its affiliates acknowledge the State may declare the contract void if this certification is false (30 ILCS 500/50-11) or if Contractor or an affiliate later becomes delinquent and has not entered into a deferred payment plan to pay off the debt (30 ILCS 500/50-60).

12.

Contractor certifies that it and all affiliates shall collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with provisions of the Illinois Use Tax Act (30 ILCS 500/50-12) and acknowledges that failure to comply can result in the contract being declared void.

13.

Contractor certifies that it has not been found by a court or the Pollution Control Board to have committed a willful or knowing violation of the Environmental Protection Act within the last five years, and is therefore not barred from being awarded a contract (30 ILCS 500/50-14).

14.

Contractor certifies it has neither paid any money or other valuable thing to induce any person to refrain from bidding on a State contract, nor accepted any money or other valuable thing, nor acted upon the promise of same for not bidding on a State contract (30 ILCS 500/50-25).

15.

Contractor certifies it is not in violation of the “Revolving Door” section of the Illinois Procurement Code (30 ILCS 500/50-30).

16.

Contractor certifies that it has not retained a person or entity to attempt to influence the outcome of a procurement decision for compensation contingent in whole or in part upon the decision or procurement (30 ILCS 500/50-38).

17.

Contractor certifies it will report to the Illinois Attorney General and the Chief Procurement Officer any suspected collusion or other anti-competitive practice among any bidders, offerors, contractors, proposers or employees of the State (30 ILCS 500/50-40, 50-45, 50-50).

18.

In accordance with the Steel Products Procurement Act, Contractor certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the United States, unless the executive head of the procuring agency grants an exception (30 ILCS 565).

19.

a) If Contractor employs 25 or more employees and this contract is worth more than $5000, Contractor certifies it will provide a drug free workplace pursuant to the Drug Free Workplace Act. b) If Contractor is an individual and this contract is worth more than $5000, Contractor shall not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled 16

Revised 07/2010

Ref. #14IT026016

substance during the performance of the contract (30 ILCS 580). 20.

Contractor certifies that neither Contractor nor any substantially owned affiliate is participating or shall participate in an international boycott in violation of the U.S. Export Administration Act of 1979 or the applicable regulations of the U.S. Department of Commerce. This applies to contracts that exceed $10,000 (30 ILCS 582).

21.

Contractor certifies it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any state or of the United States (720 ILCS 5/33 E-3, E-4).

22.

Contractor certifies it complies with the Illinois Department of Human Rights Act and rules applicable to public contracts, including equal employment opportunity, refraining from unlawful discrimination, and having written sexual harassment policies (775 ILCS 5/2-105).

23.

Contractor certifies it does not pay dues to or reimburse or subsidize payments by its employees for any dues or fees to any “discriminatory club” (775 ILCS 25/2).

24.

Contractor certifies it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made equipment, materials, or supplies furnished to the State under the contract have been or will be produced in whole or in part by forced labor, or indentured labor under penal sanction (30 ILCS 583).

25.

Contractor certifies that no foreign-made equipment, materials, or supplies furnished to the State under the contract have been produced in whole or in part by the labor or any child under the age of 12 (30 ILCS 584).

26.

Contractor certifies that it is not in violation of Section 50-14.5 of the Illinois Procurement Code (30 ILCS 500/50-14.5) that states: “Owners of residential buildings who have committed a willful or knowing violation of the Lead Poisoning Prevention Act (410 ILCS 45) are prohibited from doing business with the State until the violation is mitigated.”

27.

Contractor warrants and certifies that it and, to the best of its knowledge, its subcontractors have and will comply with Executive Order No. 1 (2007). The Order generally prohibits Contractors and subcontractors from hiring the then-serving Governor’s family members to lobby procurement activities of the State, or any other unit of government in Illinois including local governments if that procurement may result in a contract valued at over $25,000. This prohibition also applies to hiring, for that same purpose, any former State employee who had procurement authority at any time during the one-year period preceding the procurement lobbying activity.

28.

Contractor certifies that information technology, including electronic information, software, systems and equipment, developed or provided under this contract will comply with the applicable requirements of the Illinois Information Technology Accessibility Act Standards as published at www.dhs.state.il.us/iitaa (30 ILCS 587).

29.

Contractor certifies that it has read, understands, and is in compliance with the registration requirements of the Elections Code (10 ILCS 5/9-35) and the restrictions on making political contributions and related requirements of the Illinois Procurement Code (30 ILCS 500/20-160 and 5037). Contractor will not make a political contribution that will violate these requirements. These requirements are effective for the duration of the term of office of the incumbent Governor or for a period of 2 years after the end of the contract term, whichever is longer.

17 Revised 07/2010

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TAXPAYER IDENTIFICATION NUMBER I certify that: 1.

The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and

2.

I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and

3.

I am a U.S. person (including a U.S. resident alien).    

If you are an individual, enter your name and SSN as it appears on your Social Security Card. If you are a sole proprietor, enter the owner’s name on the name line followed by the name of the business and the owner’s SSN or EIN. If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s name on the name line and the d/b/a/ on the business name line and enter the owner’s SSN or EIN. If the LLC is a corporation or partnership, entire the entity’s business name and EIN and for corporations, attaché the IRS acceptance letter (CP261 or CP277).

Name: Business Name: Taxpayer Identification Number: Social Security Number: Or Employer Identification Number: Legal Status (check one): ____ Individual

____ Government

____ Sole Proprietor

____ Nonresident Alien

____ Partnership/Legal Corporation

____ Estate or Trust

____ Tax-exempt

____ Pharmacy (Non-Corporation)

____ Corporation providing or billing medical and/or health care services

____ Pharmacy/Funeral Home/Cemetery (Corporation)

____ Corporation NOT providing or billing medical and/or health care services

____ Limited Liability Company (select applicable tax classification) D = disregarded entity C = corporation P = partnership

Printed Name

Signature

Date 18

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Ref. #14IT026016

#14 IT 02 6016 - CONTRACT FOR SUPPLIES AND/OR SERVICES The PARTIES to this CONTRACT are the Illinois Secretary of State (hereinafter “AGENCY”) and VENDOR. The PARTIES, agree to perform in accordance with the provisions of this CONTRACT and the attachments described below. This CONTRACT, consisting of the signature page and numbered sections listed below and any attachments referenced in this CONTRACT, constitutes the entire CONTRACT between the PARTIES concerning the subject matter of the CONTRACT. 1.

TERM OF CONTRACT: The term of this CONTRACT and provisions for renewal and termination are as specified in the Term of Contract attachment.

2.

DESCRIPTION OF SUPPLIES AND SERVICES: VENDOR shall provide the supplies and/or perform the services specified in Description of Supplies and Services attachment.

3.

PRICING/COMPENSATION: AGENCY shall pay VENDOR for the supplies and/or services referenced herein in accordance with the rates or prices established in the Pricing/Compensation attachment.

4.

STANDARD TERMS AND CONDITIONS: Standard terms and conditions applicable to this CONTRACT are specified in the Standard Terms and Conditions, Disclosures, and Certifications Attachments.

5.

OTHER ATTACHMENTS: Additional terms and conditions are shown in the following attachments: Agency Supplemental Terms and Conditions Yes____ No_X_ Vendor Provided Additional Material and Exceptions Yes____ No___

If there is a contradiction, conflict, or inconsistency between AGENCY’S contractual provisions and any VENDOR terms and conditions, including any VENDOR attachments, the contradiction, conflict, or inconsistency shall be resolved in favor of the AGENCY contractual provisions. In Witness whereof, AGENCY and VENDOR have caused this CONTRACT to be executed by duly authorized representatives of the respective PARTIES on the dates shown below. VENDOR (show Company name and DBA)

DEPARTMENT

_______________________________________

_________________________________________

Signature_______________________________

Signature__________________________________

Printed Name_____________________________

Title_________________________ Date__________

Title________________________ Date_________

Fax________________________________________

Address_________________________________

OFFICE OF THE SECRETARY OF STATE

_______________________________________

Signature_________________________________

Phone_______________ Fax________________

Title_________________________ Date_________

FOR STATE USE ONLY Secretary of State Contract #

______________________________________________

Signatures Secretary of State Chief Legal Counsel

______________________________________________

Secretary of State Chief Procurement Officer

______________________________________________

Secretary of State Chief Fiscal Officer

_______________________________________________

19 Revised 07/2010

Ref. #14IT026016

TERM OF CONTRACT

a.

Term of this Contract: i.

This contract has an initial term beginning upon notice of award and ending June 30, 2014.

ii.

In no event shall the total term of the CONTRACT, including the initial term, any renewal terms and any extensions, exceed ten (10) years.

iii.

VENDOR shall not commence billable work in furtherance of the CONTRACT prior to final execution of the CONTRACT.

b.

Renewal: Is there an option to renew? Yes

No X

c.

Billing and Invoicing: Invoicing shall be submitted to: Secretary of State Dept. of Information Technologies 574 Howlett Bldg. Springfield, IL 62756 Attn: Fiscal Operations

d.

Shipping of Supplies: Supplies must be shipped to: Secretary of State Dept. of Information Technologies 2701 S. Dirksen Parkway Springfield, IL 627023 Attn: Gary Dameron

20 Revised 07/2010

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DESCRIPTION OF SUPPLIES AND SERVICES Overview The Office of the Secretary of State (SOS) is soliciting bids from qualified vendors for the purchase of two (2) IBM P750 servers, and associated software for an AIX environment. Vendors must be a certified pSeries and AIX business partner of IBM. All equipment must be new. Refurbished equipment will not be accepted. All bids must include shipping to SOS’s Office. Assistance for installation and configuration of the virtual I/O server and connection to our HMC must be included in the bid. Following are the hardware requirements for the bid: Single Server Configuration Details (Two servers with this configuration will be needed): Machine/ Feature

Description

Qty

8408-E8D 0265 1768 1885 1886 2146 4650 5000 5532 5735 5771 5899 6671 7795 9300 9440 EM01 EM4C EN03 EPT1 EPT8 EPTD EPTF EPTR EPTS ESC7

Server 1:8408 Model E8D AIX Partition Specify Integrated Multifunction card with Copper SFP+ 300GB 10K RPM SFF SAS Disk Drive 146GB 15K RPM SFF SAS Disk Drive (AIX/Linux) Primary OS - AIX Rack Indicator- Not Factory Integrated Software Preload Required System AC Power Supply, 1925 W 8 Gigabit PCI Express Dual Port Fibre Channel Adapter SATA Slimline DVD-RAM Drive PCIe2 4-port 1GbE Adapter Power Cord 2.7M (9-foot), Drawer to IBM PDU, 250V/10A PowerVM Enterprise Language Group Specify - US English New AIX License Core Counter Memory Riser Card 32GB (2x16GB) Memory DIMMs, 1066 MHz, 4Gb DDR3 DRAM 5m (16.4-ft), 10Gb E'Net Cable SFP+ Act Twinax Copper Processor & Memory Backplane 3.5 GHz, 8-core POWER7+ Processor DCM (2x4-core) 1-core activation of #EPT8 (No charge) 1-core activation of #EPT8 Service Processor Storage Backplane S&H

1 1 1 2 4 1 1 1 2 2 1 2 2 8 1 8 2 4 2 1 1 4 4 1 1 1

5313HPO 0585 0967 1071 5000 5924 9209

IBM Power Software HIPO 8408-E8D Routing Code Base OS OS Specify code for AIX 7.1 Preload English Preinstall PII Language HW not Rack Integrated

1 1 1 1 1 1 1

5660EXP 1490

IBM Systems Director Express Edition for Power Systems SW Maint 1 Yr Reg Per Proc Small 1 Year SWMA Reg P7

1 8

21 Revised 07/2010

Ref. #14IT026016

5660PSE 1731 1732

IBM PowerSC Standard Editon Reg/Ren:1Yr Per Proc Core SWMA 1Y Reg SMALL Per Proc Core SWMA 1Y 24x7 Support SMALL

1 8 8

5660VCS 2090 2119

1-Year Registration/Renewal for 5765-VCS Per Proc Core SW Maint 1Y Reg (Small) Per Proc Core SW Maint 1Y 24x7 Support (Small)

1 8 8

5692-A6P 1100 2264 2271 2272 2273 2283 2306 3435

System Software DVD Process Charge IBM Systems Director Express Edition V6.3 AIX V7 for POWER AIX V7 Updates AIX V7 Expansion Pack IBM PowerSC Std Ed V1.1 (5765-PSE) PowerVC Standard Edition V1 (5765-VCS) DVD/CD-ROM

1 1 1 1 1 1 1 1 1

5692-A6P 1101 1404 2201 2307 3435 3450

System Software DVD Process No Charge VIOS Expansion Pack Virtual I/O Server PowerVP Standard Edition (5765-SLE) DVD/CD-ROM Electronic Delivery

1 1 1 1 1 1 1

5765EXP 0002

IBM Systems Director Express Edition for Power Systems Express Edition - Per Proc w 1Yr SW Maint Small P7

1 8

5765-G98 0008

IBM AIX Standard Edition Version 7.1 Per Processor - Small POWER 7

1 8

5765PSE 0001

IBM PowerSC Standard Editon, V1.1 Per Proc Core w 1yr SW Maint SMALL

1 8

5765PVE 0001

PowerVM Enterprise Edition Per Processor small system

1 8

5765VCS 0003

PowerVC Standard Edition V1 Per Proc Core w/ 1 Year SW Maint (Small)

1 8

5771PVE 1191 1193

PowerVM Enterprise Edition SW Maintenance: 1 Yr Per processor small system 1yr reg Per Processor small system 1Yr 24x7

1 8 8

5771SWM 1508 1509 9000

Software Maintenance for AIX, 1 Year Per Processor 1 Yr SWMA Small Power 7 Reg Per Processor 1 Yr Small Power 7 7x24 Support SWMA Renewal Registration

1 8 8 1

22 Revised 07/2010

Ref. #14IT026016

Mandatory Requirements: 1. 2.

3. 4. 5. 6. 7. 8.

Failure to meet mandatory specifications and/or provide sufficient documentation to verify compliance may result in disqualification. Vendor must be a certified IBM Pseries and AIX business partner for at least three years prior to the due date of this IFB. Vendor must provide a statement and supporting information substantiating length of time in business providing similar equipment/services and proof of their business partner status with IBM. Only IBM field engineers certified in Pseries equipment will be accepted for installation. Vendor(s) bid must include only new equipment, no exceptions. Vendor must include installation and configuration of the Virtual I/O servers and connection to our HMC. Equipment bought through a third-party equipment broker will not be accepted. All required controllers, cables, firmware, channels, etc.., needed to complete the installation must be included. Vendors bid must include all items listed. Partial bids will not be accepted. Vendor must guarantee that the software and/or licenses provided to the Secretary of State’s Office are duly licensed and certified by the publisher holding the proprietary rights to the product.

Other Specifications: 1. 2. 3. 4.

F.O.B. Destination Subcontracting will be allowed only if pre-approved by SOS. Equipment must be shipped to the Dept. of Information Technology, Attn: Gary Dameron, 2701 S. Dirksen Parkway, Springfield, Illinois 62703. Software must be shipped to the Dept. of Information Technology, Attn: Jill Riegel, 574 Howlett Building, Springfield, Illinois 62756.

CONTACT:

All questions pertaining to this bid must be directed via email to [email protected].

ADDITIONAL BID REQUIREMENTS INFORMATION TO BE FURNISHED WITH BID PROPOSAL: The Bidder must submit the original and four (4) copies of their proposal, which shall include adequate data and information on each of the areas of criteria to be evaluated. The offer should be as concise as possible but shall be sufficient to enable the Illinois Secretary of State to make a good, fair and comprehensive evaluation of the bidder and the offer. In addition to the complete signed copies of this entire document, the submittal should clearly identify any area of this solicitation with which you take exception. The bidder’s failure to take exception with any item shall be construed as the bidder’s agreement and acceptance. The Bidder must submit with his bid the following: 1. Most recent financial statement (one copy). (This must include at a minimum, Profit & Loss Statement (Income Statement) and Balance Sheet.) Failure to provide the required financial statement may result in a rejection of your bid or bid. 2. A list of institutions, industries or business establishments, which you are presently serving under Contract for this type of service. This list must include name of firm, address, telephone number, length of time you have serviced this account, name of person to whom you report, a description of the work performed under each of these contracts and the dollar amount of these contracts. 3. Include in your letter the length of time you have been in business, the number of persons regularly employed by your firm, and the name, address and telephone number of a responsible person (supervisor) of your firm in the city where the services are to be rendered if different than your main office. 4. VENDOR must have and show the qualifications (including as appropriate, education, experience and technical ability) necessary to perform this contract. Bids received without this information may not be considered. 23 Revised 07/2010

Ref. #14IT026016

Security Bond.

N/A

Vendor shall provide a security bond equal to 10% of the contract price for the initial term. During any renewal term the amount shall remain the same unless otherwise agreed. For public works contracts, performance bond requirements will be found in Agency Supplemental Terms and Conditions. Subcontracting/Joint Ventures. _x__ Allowed

____ Not Allowed

The State intends to contract with one entity per contract and that entity shall be contractually responsible for performance. However, if the entity is a joint venture, one of the parties to the joint venture must take full contractual responsibility for performance under the contract. If Vendor is providing Professional and Artistic Services, the names of subcontractors and amounts to be paid to each must be shown. The AGENCY may require the same or similar information in relation to contracts for other supplies or services. Subcontractors are subject to approval of the AGENCY.

24 Revised 07/2010

Ref. #14IT026016

PRICING/COMPENSATION Detail pricing/compensation requirements with at least the following categories of information. FOR REQUESTS FOR PROPOSALS OF EITHER TYPE, SUBMIT THIS PRICE INFORMATION IN A SEPARATE SEALED ENVELOPE IN THE OFFER CONTAINER. CERTIFICATION AND DETAILED BID/PROPOSAL: The Bidder understands that good, professional service and compliance with the specifications, terms and conditions of this CONTRACT is expected and demanded, and agrees to provide professional services accordingly. ADDENDA: I (we) hereby acknowledge receipt of the following addenda (if any) to this Invitation for Bid/Request for Proposal and have included their provisions in this offer/proposal. Addendum No.1, dated ______________________. Enter date and initial _______. Addendum No.2, dated ______________________. Enter date and initial _______. Addendum No.3, dated ______________________. Enter date and initial _______. BASE BID: The undersigned hereby agrees to provide the services in accordance with the Terms, Conditions and Specifications contained herein at the prices quoted below. Ref. #: 14 IT 02 6016

Two (2) IBM P750 servers, and associated software including Installation and Configuration

Price Each $______________ $____________________Total

Pricing must include all mandatory items, including travel expenses. There will be no additional charges or reimbursements of any kind.

Per specifications of bid FOB Destination

Tax Exemption. AGENCY’S Illinois tax exemption number is E9984-1231-06. The Federal tax exemption information is available upon request to AGENCY.

25 Revised 07/2010

Ref. #14IT026016

STANDARD TERMS AND CONDITIONS 1.

TERM AND RENEWALS: The length of the CONTRACT, including any renewals, may not exceed ten (10) years. (30 ILCS 500/20-60). Unless otherwise provided, the term of the CONTRACT shall begin upon execution of the CONTRACT by AGENCY and VENDOR. In no event shall VENDOR commence billable work in furtherance of the CONTRACT prior to final execution of the CONTRACT. If the commencement of performance is delayed because the CONTRACT is not executed by AGENCY on the start date, AGENCY may change the start date, end date and milestones to reflect the delayed execution. No renewal may be effective automatically. No renewal may be effective solely at the VENDOR’S option.

2.

BILLING: a) VENDOR shall submit invoices to the address, on the schedule and with the detail required by AGENCY, which at a minimum shall include the location where goods were delivered or services were performed and a description of goods delivered or services performed. Invoices for supplies ordered or services performed and expenses incurred prior to July 1st must be presented to the AGENCY no later than July 31; otherwise VENDOR may have to seek payment of such invoices through the Illinois Court of Claims. (30 ILCS 105/25). Billings shall conform to State fiscal year requirements, including prorating if necessary, notwithstanding any contrary provision in this CONTRACT or order.

3.

b)

VENDOR shall not bill for any taxes unless accompanied by proof AGENCY is subject to the tax. VENDOR may request the applicable Illinois tax exemption number and federal tax exemption information.

c)

By submitting an invoice VENDOR certifies the supplies and services met all requirements of the CONTRACT, and the amount billed and expenses incurred are as allowed in the CONTRACT.

d)

AGENCY will not compensate VENDOR for expenses related to travel, lodging or meals.

PAYMENT: a) The approved invoice amount will be paid less any retainage and previous partial payments. Final payment shall be made upon determination by the AGENCY that all requirements under this CONTRACT have been completed, which determination shall not be unreasonably withheld. b)

AGENCY shall not be liable to pay for any supplies or services, including related expenses subject of this CONTRACT, incurred prior to the beginning of the term of this CONTRACT.

c)

As a condition of payment, VENDOR must (i) be in compliance with the CONTRACT, (ii) pay its employees prevailing wages when required by law, (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to AGENCY upon request.

d)

Payments hereunder are subject to set-off in accordance with the State Comptroller Act. (15 ILCS 405).

e)

Late payment charges, if any, shall not exceed the formula established in the State Prompt Payment Act (30 ILCS 540/1) and rules (74 Ill. Adm. Code 900). Payments delayed at the beginning of the State’s fiscal year (July and August payments) because of the appropriation process shall not be considered a breach.

f)

Any expenses VENDOR may charge are included in this CONTRACT. AGENCY will not compensate VENDOR for expenses related to travel, lodging, or meal(s).

26 Revised 07/2010

Ref. #14IT026016

4.

AVAILABILITY OF APPROPRIATIONS: This CONTRACT is contingent upon and subject to the availability of funds. AGENCY, at its sole option, may terminate or suspend this CONTRACT, in whole or in part, without penalty or further payment being required, if the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason. (30 ILCS 500/20-60).

5.

CONSULTATION: VENDOR shall keep AGENCY fully informed as to the progress of matters covered by this CONTRACT. VENDOR shall offer AGENCY the opportunity to review relevant documents relating to the CONTRACT prior to filing with any public body or adversarial party.

6.

PERFORMANCE REVIEWS: At its discretion, AGENCY may conduct a post performance review of VENDOR'S performance under the CONTRACT. VENDOR shall cooperate with AGENCY in this review, which may require VENDOR to provide access to VENDOR’S records and billing under the CONTRACT. Vendor shall provide any requested information within 30 days of AGENCY'S request. This post performance review may be used by AGENCY in determining whether to enter into other contractual relationships with VENDOR.

7.

AUDIT/RETENTION OF RECORDS: VENDOR and its subcontractors shall maintain books and records relating to performance of the CONTRACT and subcontract and that are necessary to support amounts charged to the AGENCY under the CONTRACT or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by the Vendor and its subcontractors for a period of three years from the later of the date of final payment under the CONTRACT or completion of the CONTRACT. If federal funds are used to pay CONTRACT costs, VENDOR and its subcontractors must retain its records for five years. The three year or five year period, as the case may be, shall be extended for the duration of any audit in progress during the term. Books and records required to be maintained under this section shall be available for review or audit by representatives of the Auditor General, AGENCY, the Inspector General, chief procurement officer, internal auditor, and other governmental entities with monitoring authority upon reasonable notice and during normal business hours. VENDOR and its subcontractors shall cooperate fully with any such audit. Failure to maintain books and records required by this Section shall establish a presumption in favor of AGENCY for the recovery of any funds paid by AGENCY under the CONTRACT for which adequate books and records are not available to support the purported disbursement. VENDOR and subcontractors shall not impose a charge for audit or examination of VENDOR’S or subcontractors books and records. (30 ILCS 500/20-65).

8.

SCHEDULE OF WORK: Any work performed on State premises shall be done during the hours designated by AGENCY and shall in any event be performed so as to minimize inconvenience to the State and its personnel and minimize interference with the State's operations.

9.

INDEPENDENT CONTRACTOR: VENDOR shall act as an independent contractor and not as an agent or employee of or joint venture with AGENCY. All payments by AGENCY shall be made on that basis.

10.

RESPONSIBILITY FOR AGENTS AND EMPLOYEES: VENDOR shall be responsible for the negligent acts and omissions of its agents, employees and subcontractors in their performance of VENDOR'S duties under this CONTRACT. VENDOR represents that it shall utilize the services of individuals skilled in the profession for which they will be used in performing services hereunder. In the event that AGENCY determines that any individual performing services for VENDOR hereunder is not providing such skilled services, it shall promptly so notify VENDOR and VENDOR shall replace that individual.

11.

ASSIGNMENT AND SUBCONTRACTING: a) VENDOR may not assign, subcontract, or transfer any interest in the work subject of this CONTRACT without AGENCY'S prior written consent. In the event the AGENCY consents, the terms and conditions of this CONTRACT shall apply to and bind the party to whom such work is subcontracted, assigned, or transferred as fully and completely as VENDOR is hereby bound and obligated. This includes requiring such parties to submit certifications and disclosures to AGENCY for review and approval upon request. 27

Revised 07/2010

Ref. #14IT026016

b)

For purposes of this section, SUBCONTRACTORS are those specifically hired to perform all or part of the work covered by the CONTRACT. Will Subcontractors be utilized?

c)

___ Yes

___ No

VENDOR shall describe below the names and addresses of all authorized subcontractors to be utilized by VENDOR in the performance of this CONTRACT, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this CONTRACT. VENDOR shall provide a copy of any subcontracts within twenty (20) days of execution of this CONTRACT. Subcontractor Name______________________________________________________ Amount to be paid________________________________________________________ Address________________________________________________________________ Description of work_______________________________________________________ _______________________________________________________________________ Subcontractor Name______________________________________________________ Amount to be paid________________________________________________________ Address________________________________________________________________ Description of work_______________________________________________________ _______________________________________________________________________

d)

VENDOR shall notify AGENCY of any additional or substitute subcontractors hired during the term of this CONTRACT. Vendor shall provide AGENCY a copy of all such subcontracts within twenty (20) days of execution of the subcontract.

e)

All subcontracts must include the same certifications that VENDOR must make as a condition of the CONTRACT. VENDOR shall include in each subcontract the subcontractor certifications as shown on the Standard Subcontractor Certification Form available from AGENCY.

f)

If VENDOR is unable to secure or maintain individuals named in the CONTRACT to render the services, VENDOR shall not be relieved of its obligations to complete performance. AGENCY shall have the option to accept a substitute or to terminate the CONTRACT.

g)

After notice, AGENCY may assign the CONTRACT to a third-party for financing purposes.

12.

LICENSE: VENDOR, directly or through its employees, shall have and maintain any required licenses. With consent of AGENCY, VENDOR may meet the license requirement through a subcontractor. AGENCY may request proof of any required license.

13.

WARRANTIES FOR SUPPLIES AND SERVICES: VENDOR warrants that the supplies and work product furnished under this CONTRACT will: (a) conform to the standards, specifications, drawings, samples, or descriptions furnished by the AGENCY or furnished by the VENDOR and agreed to by AGENCY, including but not limited to all specifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so specified in writing, and fit and sufficient for the intended use; (c) comply with all federal and state laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encumbrances and; (e) not infringe any patent, copyright or other intellectual property rights of any third party. VENDOR agrees to reimburse the AGENCY for any losses, costs, damages or expenses, including without limitations, reasonable attorney’s fees and expenses, arising from failure of the supplies and/or work product to meet such warranties.

28 Revised 07/2010

Ref. #14IT026016

14.

MAINTENANCE ASSURANCE: a) The AGENCY reserves the right to maintain any equipment purchased under this CONTRACT using AGENCY personnel or third-party maintainers. In such case, VENDOR shall provide AGENCY or its maintenance provider with such services, documentation, materials and parts under reasonable terms and conditions and at reasonable costs. AGENCY reserves the right to return to VENDOR'S maintenance following written certification by VENDOR that the equipment is eligible for VENDOR'S maintenance. VENDOR'S standard charges for the certification inspection, plus any applicable charges required to bring the equipment into eligibility for VENDOR'S maintenance shall apply. Exercise of these rights by the AGENCY shall be without penalty or sanction by VENDOR. b)

15.

If VENDOR discontinues service or maintenance of equipment or software provided under this CONTRACT, VENDOR shall provide to AGENCY at no cost adequate documentation and access to specialized or proprietary tools to allow AGENCY or a subcontractor to maintain the equipment or software. This provision shall not apply if VENDOR arranges for continued service and maintenance through another vendor and at a price acceptable to AGENCY.

CONFIDENTIALITY: a) Each Party, including its agents and subcontractors, to this CONTRACT may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this CONTRACT. VENDOR shall presume all information received from AGENCY or to which it gains access pursuant to this CONTRACT is confidential. b)

VENDOR understands and agrees that information made available by AGENCY in the performance of VENDOR’S duties under this CONTRACT is confidential and to be used for the sole purpose of performing those duties; that access to that information either through state owned computer or other electronic hardware and/or software is conditioned upon use of that confidential information solely in the performance of the duties under this CONTRACT; and that any use of that information other than for the purposes of performing the duties under this CONTRACT is cause for immediate termination of this CONTRACT notwithstanding any criminal or civil action that might be taken.

c)

VENDOR information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act, shall be considered public.

d)

No confidential data collected, maintained, or used in the course of performance of the CONTRACT shall be disseminated except as authorized by law and only after advanced written notice to AGENCY. All data collected, maintained, created or used in the course of the performance of the CONTRACT, in whatever form it is maintained, shall be returned to the disclosing PARTY promptly at the end of the CONTRACT or earlier at the request of the disclosing PARTY, or with the prior approval of the disclosing PARTY, destroyed with notification to the disclosing PARTY in writing of its destruction.

e)

The foregoing obligations shall not apply to confidential data or information lawfully in the receiving PARTY’S possession prior to its acquisition from the disclosing PARTY; received in good faith from a third-party not subject to any confidentiality obligation to the disclosing PARTY; information now know or information that becomes publicly known through no breach of confidentiality obligation by the receiving PARTY; or is independently developed by the receiving PARTY without the use or benefit of the disclosing PARTY’S confidential information.

f)

VENDOR shall abide by the confidentiality requirements of the Driver’s Privacy Protection Act (18 U.S.C. 2721 et seq.).

g)

VENDOR shall immediately report to AGENCY any unauthorized disclosure of confidential information. 29

Revised 07/2010

Ref. #14IT026016

16.

17.

18.

USE AND OWNERSHIP: a) All work performed or produced and all items or supplies created by VENDOR under this CONTRACT shall be deemed “work product” and shall become property of AGENCY. All work product created by VENDOR under this CONTRACT, including but not limited to, documents, data, software, source code, goods and deliverables of any kind, shall be deemed works made-for-hire under copyright law and all intellectual property laws and other laws, and VENDOR grants AGENCY sole and exclusive ownership in and to all such work product. VENDOR hereby assigns to AGENCY all right, title, and interest in and to such work product in all countries of the world for the term of the copyrights and any other intellectual property rights thereto and waives any and all claims that VENDOR may have to such work product including any so-called “moral rights” in connection with the works. VENDOR acknowledges AGENCY owns and may use the work product for any purpose. Confidential data or information contained in such work product shall be subject to confidentiality provision of this CONTRACT. b)

AGENCY shall exercise all rights of ownership in all such work product without restriction or limitation including as to use, and without further compensation to VENDOR. VENDOR shall not acquire or have any right to use, disclose or reproduce the work product or any equipment, documents, information, media, software, or know-how obtained from AGENCY except to perform this CONTRACT. Nothing herein shall be construed as precluding the use of any information independently acquired by VENDOR without such limitation.

c)

The ideas, methodologies, processes, inventions and tools (including computer hardware and software where applicable) that VENDOR previously developed and brings to AGENCY in furtherance of performance of the CONTRACT shall remain the property of the VENDOR. VENDOR grants AGENCY a nonexclusive license to use and employ such software, ideas, concepts, methodologies, processes, inventions and tools solely within its enterprise.

INDEMNIFICATION AND LIABILITY: a) VENDOR shall indemnify and hold harmless the State of Illinois, its agencies, officers, employees, agents, and volunteers from any and all costs, demands, expenses, losses, claims, damages, liabilities, settlements, and judgments, including in-house and contracted attorneys’ fees and expenses, arising out of: (a) any breach or violations by VENDOR of any of its certifications, representations, warranties, covenants, or agreements; (b) any actual or alleged death or injury to any person, damage to any property or any other damage or loss claimed to result in whole or in part from VENDOR’S negligent performance; (c) any act, activity, or omission of VENDOR or any of its employees, representatives, subcontractors, or agents. Neither PARTY shall be liable for incidental, special, or punitive damages. b)

AGENCY does not assume any liability for acts or omissions of the VENDOR and such liability rests solely with the VENDOR.

c)

AGENCY assumes no liability for actions of VENDOR and is unable to indemnify or hold VENDOR or any third-party harmless for claims based on this CONTRACT or use of VENDOR provided supplies or services. VENDOR is not eligible for indemnity under the State Employee Indemnification Act (5 ILCS 350/1). AGENCY’S liability for damages is expressly limited by and subject to the provisions of the Illinois Court of Claims Act (705 ILCS 505/1) and to the availability of suitable appropriations.

INSURANCE: a) VENDOR shall, at all times during the term and any renewals, maintain and provide a Certificate of Insurance naming AGENCY as additional insured for all required bonds and insurance. Certificates may not be modified or canceled until at least thirty (30) days written notice has been provided to AGENCY. VENDOR shall provide evidence of the following coverage: (a) General Commercial Liability – occurrence form in amount of $1,000,000 per occurrence (Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 annual aggregate; (b) Auto Liability, including Hired Auto and Non-owned Auto, (Combined Single Limit Bodily Injury and Property Damage) in the amount of $1,000,000 per occurrence; 30

Revised 07/2010

Ref. #14IT026016

and (c) Worker’s Compensation Insurance in the amount required by law. Insurance shall not limit VENDOR’S obligation to indemnify, defend, or settle any claims. b)

If VENDOR does not have minimum coverage as specified, VENDOR must inform AGENCY and seek written permission for lesser coverage.

c)

VENDOR shall provide copies of certificates of insurance evidencing the coverage described in this section.

d)

VENDOR shall provide and maintain any bond required by law or AGENCY.

19.

SOLICITATION AND EMPLOYMENT: VENDOR shall not employ any person employed by the AGENCY during the term of this CONTRACT to perform any work required by the terms of this CONTRACT. As a condition of this CONTRACT, VENDOR shall give notice immediately to the AGENCY'S Director of Personnel if VENDOR solicits or intends to solicit for employment any of AGENCY'S employees during any part of the procurement process for this CONTRACT or during the term of this CONTRACT. AGENCY has no authority to contractually refuse to hire VENDOR'S employees who apply to AGENCY for employment.

20.

BACKGROUND CHECK: a) AGENCY may conduct criminal and driver history background checks of VENDOR'S officers, employees or agents who would directly supervise or physically perform the CONTRACT requirements at State facilities. AGENCY reserves the right to require a fingerprint criminal background verification. VENDOR’S officers, employees or agents who would directly supervise or physically perform the CONTRACT requirements at State facilities agree to submit to the same. Such fingerprint criminal background check may be completed by AGENCY or VENDOR may submit to AGENCY a report, in a format and with information acceptable to AGENCY, compiled by an outside entity reflecting the results of a fingerprint background check. Failure to submit to a fingerprint background check may result in immediate termination of the CONTRACT. Failure to provide AGENCY with the applicable driver’s license number for purpose of investigating the driving record may result in immediate termination of the CONTRACT. Further, a criminal history report may result in immediate termination of the CONTRACT. b)

21.

Any officer, employee or agent of VENDOR deemed unsuitable by AGENCY must be replaced immediately in the event the criminal history report does not result in termination of the CONTRACT.

BREACH AND TERMINATION: a) Either PARTY may terminate this CONTRACT at any time upon thirty (30) calendar days written notice to the other PARTY. VENDOR shall be paid for work satisfactorily completed prior to the date of termination. Upon conclusion or termination of this CONTRACT, VENDOR agrees to immediately return any and all state property, including but not limited to, equipment, state identification badge, and supplies. b)

AGENCY may terminate this CONTRACT, in whole or in part, immediately upon notice to the VENDOR if: (a) AGENCY determines that the actions or inactions of VENDOR, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or VENDOR has notified the AGENCY that it is unable or unwilling to perform the CONTRACT.

c)

If VENDOR fails to perform to AGENCY’S satisfaction any material requirement of this CONTRACT, is in violation of a material provision of this CONTRACT, or AGENCY determines that the VENDOR lacks the financial resources to perform the CONTRACT, AGENCY shall provide written notice to the VENDOR to cure the problem identified within the period of time specified in the AGENCY’S written notice or AGENCY may enforce the terms and conditions of the CONTRACT.

31 Revised 07/2010

Ref. #14IT026016

d)

Any breach of this CONTRACT by the VENDOR will allow the AGENCY to terminate this CONTRACT without penalty and have any other available relief. Failure to declare a breach on one occasion does not act as a waiver to declare a breach on another occasion.

e)

For termination due to any of the causes contained in this subparagraphs (b), (c), and (d), AGENCY retains the rights to seek any available legal or equitable remedies and damages.

f)

If the VENDOR defaults or neglects to carry out the work in accordance with the CONTRACT or fails to perform any provision of the CONTRACT, AGENCY may, after serving written notice to the VENDOR and without prejudice to any other remedy available, make good such deficiencies and may, in turn, deduct the cost thereof from the payment then or thereafter due the VENDOR, or at AGENCY’S option, AGENCY reserves the right to terminate the CONTRACT. In the event of such termination, the name of the VENDOR will be removed from the list of qualified Bidders and Vendors for a period of one year and reinstated thereafter only when satisfactory proof of his ability to perform duties as specified has been furnished and accepted by AGENCY.

22.

FORCE MAJEURE: Failure by either PARTY to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, labor or material shortages, labor disputes, fire, flood, explosion, legislation, and governmental regulation. The non-declaring PARTY may terminate the CONTRACT without penalty if performance does not resume within thirty (30) days of the declaration.

23.

ANTITRUST ASSIGNMENT: VENDOR hereby assigns, sells and transfers to AGENCY all right, title and interest in and to any claims and causes of action arising under antitrust laws of Illinois or the United States relating to the subject matter of the CONTRACT.

24.

VALID DRIVER’S LICENSE: If the contractual duties require VENDOR to drive a vehicle, VENDOR and its employees and agents must be in possession of a valid Driver’s License. VENDOR shall immediately notify AGENCY in the event VENDOR’S or its employees’ and/or agents’ driver’s license(s) is revoked, suspended, expires or is otherwise deemed invalid. Proof of the validity of VENDOR’S and/or its employees and agents’ driver’s license(s) may be required at any time during the term of the CONTRACT.

25.

APPLICABLE LAW: This CONTRACT shall be governed in all respects by the laws and rules of the State of Illinois including, but not limited to, the Illinois Procurement Code (30 ILCS 500) and the rules promulgated thereunder (44 Ill. Admin. Code 1), the Illinois Freedom of Information Act (5 ILCS 140) and the Attorney General Act (15 ILCS 205). The Department of Human Rights’ Equal Opportunity requirements (44 Ill. Adm. Code 750) are incorporated by reference. Any claim against AGENCY arising out of this CONTRACT must be filed exclusively with the Illinois Court of Claims (705 ILCS 505/8). AGENCY shall not enter into binding arbitration to resolve any contract dispute. The State of Illinois does not waive sovereign immunity by entering into this CONTRACT. The official text of cited statutes is incorporated by reference (an unofficial version can be viewed at http://www.ilga.gov/legilsation/ilcs/ilcs.asp. In compliance with the United States and Illinois Constitutions, the Illinois Human Rights Act, the United States Civil Rights Act, and Section 504 of the Federal Rehabilitation Act and other applicable laws and rules, the State does not unlawfully discriminate in the awarding of contracts or any other activity.

26.

NOTICES: Notices and other communications provided for herein shall be given in writing by registered or certified mail, return receipt requested, by receipted hand delivery, by courier (UPS, Federal Express or other similar and reliable carrier), or by fax showing the date and time of successful receipt. Notices shall be sent to the individuals who signed the CONTRACT using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. With proper notice, either PARTY may change the contact information.

32 Revised 07/2010

Ref. #14IT026016

27.

PUBLICITY: a) Subject to any disclosure obligation of AGENCY under applicable law, rule or regulation, news releases pertaining to this CONTACT or the services to which it relates shall only be made with prior approval by, and in coordination with AGENCY. VENDOR shall not disseminate any publication, presentation, technical paper, or other information related to VENDOR’S duties and obligations under this CONTRACT unless such dissemination has been previously approved in writing by AGENCY. b) VENDOR shall not, in any advertisement or any other type of solicitation for business, state, indicate or otherwise imply that it is under contract with AGENCY nor shall AGENCY’S name be used in any such advertisement or solicitation without prior written approval except as required by law.

28.

CONTRACTING AUTHORITY: AGENCY shall be the only State entity responsible for performance and payment under the CONTRACT. When the Chief Procurement Officer or his designee signs in addition to AGENCY, he does so as approving officer and shall have no liability to VENDOR.

29.

TIME IS OF THE ESSENCE: Time is of the essence with respect to VENDOR’S performance of the CONTRACT. VENDOR shall continue to perform its obligations while any dispute concerning the CONTRACT is being resolved unless otherwise directed by AGENCY.

30.

RULES OF CONTRUCTION: Unless the context otherwise requires or unless otherwise specified, the following rules of construction shall apply to this CONTRACT: a)

Provisions apply to successive events and transactions;

b)

“Or” is not exclusive;

c)

References to statutes and rules include subsequent amendments and successors thereto;

d)

The various headings of this CONTRACT are provided for convenience only and shall not affect the meaning or interpretation of this CONTRACT or any provision hereof;

e)

If any payment or delivery hereunder shall be due on any day that is not a business day, such payment or delivery shall be made on the next succeeding business day;

f)

“Days” shall mean calendar days; “business day shall mean a weekday (Monday through Friday), excepting State holidays, between the hours of 8:30 a.m. Central Time and 5:00 p.m. Central Time;

g)

Use of the male gender (e.g., “he,” “him,” “his”) shall be construed to include the female gender (e.g., “she,” her,” “hers”), and vice versa;

h)

Words in the plural which should be singular by context shall be so read, and vice versa; and

i)

References to “AGENCY” shall include any successor agency or agencies thereto.

31.

MODIFICATIONS AND SURVIVIAL: Amendments, modifications, and waivers must be in writing and signed by authorized representatives of the PARTIES. All provisions that by their nature would be expected to survive, shall survive termination.

32.

SEVERABILITY: If any provision of this CONTRACT is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this CONTRACT.

33.

ENTIRE CONTRACT: This CONTRACT, with applicable attachments including but not limited to Disclosures and Conflicts of Interest, Standard Certifications, and Agency Supplemental Terms, constitutes the entire agreement between the PARTIES concerning the subject matter of the 33

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CONTRACT. Modifications and waivers must be in writing and signed by authorized representatives of the PARTIES. If there is a contradiction, conflict, or inconsistency between AGENCY’S contractual provisions and any VENDOR terms and conditions, including any VENDOR attachments, the contradiction, conflict, or inconsistency shall be resolved in favor of the AGENCY’S contractual provisions. Any provision of this CONTRACT officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions of this CONTRACT shall be interpreted, as far as possible, to give effect to the PARTIES' intent. All provisions that by their nature would be expected to survive, shall survive termination of this CONTRACT, including without limitation provisions relating to confidentiality, warranty, ownership and liability.

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AGENCY SUPPLEMENTAL TERMS AND CONDITIONS

The following supplemental terms and conditions, if checked, are attached and are applicable to this CONTRACT: ___

Public Works Requirements. (820 ILCS 130/4).

___

Prevailing Wage (printing, janitorial cleaning, window cleaning, building and grounds, site technician, natural resources, food services, and security services if valued at more than $200 per month or $2,000 per year. (30 ILCS 500/25-60).

___

Prohibition on Contingent Fees (certain federally funded contracts)

___

Data Security Standards

___

Security Policy

___

Network Security Assessment

___

Minimum Information Technology Security Requirements

___

Progress Reports

___

Required Federal Clauses, Certifications and Assurances

___

Travel

___

Additional Employment Notification

___

Ethics Training

___

Other (describe)

PUBLIC WORKS REQUIREMENTS As a condition of this Agreement, the CONTRACTOR and any subcontractors of this CONTRACT must pay employees no less than the prevailing wages in the locality in which the work is to be performed for this CONTRACT when required by law and must pay suppliers and subcontractors providing lien waivers on request (820 ILCS 130). The prevailing wage requirement applies to the wages of laborers, mechanics and other workers employed in any public works, by any public body, and to anyone under contract for public works (820 ILCS 130/2). AGENCY has the authority to request certified payrolls. Any stipulation made by CONTRACTOR to pay prevailing wages shall be deemed to be incorporated in the project specifications as if specifically set forth therein (820 ILCS 130 et. seq.). Information regarding prevailing wage, benefit, and working condition requirements may be obtained from the Illinois Department of Labor (IDOL) at (217)78-6206 and information may be viewed at the website at http://www.state.il.us/agency/idol/. CONTRACTOR must check with IDOL before submitting its offer to determine the prevailing wages, benefits, and working conditions applicable to this CONTRACT. PREVAILING WAGE As a condition of this Agreement, the CONTRACTOR and any subcontractors of this CONTRACT must pay employees no less than the prevailing wages in the locality in which the work is to be performed for this CONTRACT when required by law and must pay suppliers and subcontractors providing lien waivers on request (30 ILCS 500/2560). The prevailing wage requirement includes but is not limited to janitorial cleaning services, window cleaning services, building and grounds services, food services, security services, and printing AGENCY has the authority to request certified payrolls. Any stipulation made by CONTRACTOR to pay prevailing wages shall be deemed to be incorporated in the project specifications as if specifically set forth therein (820 ILCS 130 et. seq.).

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Information regarding prevailing wage, benefit, and working condition requirements may be obtained from the Illinois Department of Labor (IDOL) at (217)78-6206 and information may be viewed at the website at http://www.state.il.us/agency/idol/. CONTRACTOR must check with IDOL before submitting its offer to determine the prevailing wages, benefits, and working conditions applicable to this CONTRACT. PROHIBITION ON CONTINGENT FEES (CERTAIN FEDERALLY FUNDED CONTRACTS) CONTRACTOR warrants that no person or agency has been employed or retained to solicit or obtain this CONTRACT upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, AGENCY shall have the right to annul this CONTRACT without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. “Bona fide agency,” as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. “Bona fide employee,” as used in this clause, means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. “Contingent fee,” as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. “Improper influence,” as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. DATA SECURITY STANDARDS CONTRACTOR hereby acknowledges the existence of AGENCY’S Data Security Standards, which have been adopted and published by AGENCY at: http://www.cyberdriveillinois.com/publications/pdf_publications/dataaccessstandards.pdf. It shall be the responsibility of CONTRACTOR to become informed of all such standards and procedures which may be associated with work to be performed under this CONTRACT and to remain in full compliance with the same at all times. SECURITY POLICY CONTRACTOR hereby acknowledges the existence of AGENCY’S Security Policy. It shall be the responsibility of CONTRACTOR to become informed of such Policy and to remain in full compliance with the same at all times. NETWORK SECURITY ASSESSMENT CONTRACTOR hereby acknowledges that this CONTRACT is contingent upon CONTRACTOR’S satisfactory completion of AGENCY’S Network Security Assessment. It shall be the responsibility of CONTRACTOR to provide notice to AGENCY in the event of a change in the information provided to AGENCY in any response to AGENCY’S Network Security Assessment. MINIMUM INFORMATION TECHNOLOGY SECURITY REQUIREMENTS Intentionally left blank. PROGRESS REPORTS CONTRACTOR shall submit semi-monthly activity reports to AGENCY during the entire term of this Agreement. The CONTRACTOR shall prepare a final report for submission and acceptance to the AGENCY prior to the final payment being issued. Failure to adhere to these reporting requirements could delay payment or serve as grounds for nonpayment. REQUIRED FEDERAL CLAUSES, CERTIFICATIONS AND ASSURANCES Intentionally left blank. 36 Revised 07/2010

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TRAVEL CONTRACTOR shall receive travel expenses only at the discretion of the Director and with the Director’s prior written approval. Approved expenses shall be billed (by the provider to whom such expenses are payable) directly to the State of Illinois Office of the Secretary of State when possible. If direct billing is not possible or appropriate, CONTRACTOR shall submit a travel voucher(s) for reimbursement of such expenses. Any travel reimbursement shall be subject to the same travel regulations for all other employees of AGENCY. ADDITIONAL EMPLOYMENT NOTIFICATION CONTRACTOR may not accept employment or become licensed in any activity or business under the authority of PRINCIPAL or any other employment which may cause conflict of interest or infringe on official work time, including but not limited to, accepting employment as a driving-instructor (or assisting in giving instructions, or affiliation with any establishment concerned with giving driving instruction for compensation), as a law enforcement officer with the power of arrest, as a securities broker or as an agent for a securities broker, as the owner or employee for any business licensed under Chapter 5 of the Illinois Vehicle Code (625 ILCS 5), or as an owner or employee of a remittance agency. CONTRACTOR shall complete the Secondary Employment Notification form provided by PRINCIPAL’S Department of Personnel. ETHICS TRAINING CONTRACTOR shall complete PRINCIPAL’S Ethics Training.

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VENDOR PROVIDED ADDITIONAL MATERIAL, CONFIDENTIAL DOCUMENTS AND EXCEPTIONS

Any additional material, confidential documents, and any exceptions must be noted on this page and provided as part of this CONTRACT. Exceptions must be provided on AGENCY’S CONTRACT TERMS AND CONDITIONS – EXCEPTIONS form or must be in a substantially similar format. AGENCY discourages taking exceptions. State law shall not be circumvented by the exception process. Exceptions may result in rejection of your bid or offer.

Additional Material (mark one) _____ No other material included _____ Other material included (describe--attach additional pages if needed)

Confidential Documents (mark one) _____ No confidential documents included _____ Confidential documents included

Exceptions (mark one): _____ No exceptions _____ Exceptions taken (describe in AGENCY form or in a format substantially similar to AGENCY’S form)

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CONTRACT TERMS AND CONDITIONS – EXCEPTIONS

_________________________________. (VENDOR) agrees with the terms and conditions set forth in Illinois Secretary of State CONTRACT FOR SUPPLIES AND/OR SERVICES, with the following exceptions:

Excluding certifications required by statute to be made by the VENDOR, both PARTIES agree that all of the duties and obligations that the VENDOR owes to AGENCY for the work performed shall be pursuant to the CONTRACT and VENDOR’S exceptions thereto as set forth below. TERMS AND CONDITIONS Article #

State the exception such as “add,” “replace,” and/or “delete.”

ADDITIONAL TERMS AND CONDITIONS New Provision(s), # et. seq.

ARTICLE NEW NUMBER, TITLE OF ARTICLE: State the new additional term or condition.

AGENCY hereby agrees to the exceptions provided by VENDOR and to the Additional Terms and Conditions provided by VENDOR. Agreed:

Agreed: Illinois Office of the Secretary of State

By:

By:

Signed:

Signed:

Position:

Position:

Date:

Date:

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EQUAL EMPLOYMENT OPPORTUNITY REQUEST The State of Illinois is an Equal Opportunity Employer. To assist in the accomplishment of Affirmative Action goals, we invite you to complete the following information. Completion of this information is not required. If an individual, please check the appropriate box. FEMALE MALE () ()

Caucasian: A person having origins in any of the original people of Europe, North Africa or the Middle East. Not of Hispanic Origin.

()

()

African American: A person having origins in any of the black racial groups of Africa. Not of Hispanic Origin.

()

()

Native American: A person having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community. Not of Hispanic Origin.

()

()

Asian: A person having origins in any of the peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands, and Samoa. Not of Hispanic Origin.

()

()

Hispanic: A person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race.

()

()

Disabled/Handicapped. This includes, blindness/visual impairment, deafness/hearing impairment, orthopedic impairment, cardiovascular disorder, mental disorder, nervous system disorder, respiratory related impairment, loss of limbs etc.

If a business, or institution, please check the appropriate box. ()

Minority Owned Business - A business concern which is at least 51 percentum owned by one or more minority persons, or in the case of a corporation, at least 51 percentum of the stock which is owned by one or more minority persons, and the management and daily operation of which are controlled by one or more of the minority individuals who own it.

()

Female Owned Business - A business concern which is at least 51 percentum owned by one or more females, or in the case of a corporation, at least 51 percentum of the stock which is owned by one or more females, and the management and daily operation of which are controlled by one or more of the females who own it.

()

Not-for Profit Agency for the Severely Handicapped shall be one which: a. Complies with Illinois laws governing not-for profit organizations. b. Is certified as a sheltered workshop by the Wage and Hour Division of the U.S. Department of Labor. c. Meets the IDORS Just Standard for rehabilitation facilities.

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