The University of Montana INVITATION FOR BID (IFB)
(THIS IS NOT AN ORDER)
This solicitation is offered with funding from the American Recovery and Reinvestment Act of 2009, commonly known as the Economic Stimulus Act, and is contingent upon receipt of the funds required for the project.
IFB Number: 2708
IFB Title: Portable Animal Bedding Disposal Cabinet Number of Pages: 17
IFB Due Date and Time: November 6, 2009 - 2:00 p.m., Local Time
ISSUING AGENCY INFORMATION Procurement Officer:
Lu Terry, Contracts Officer ph. 406-243-2204 lu.terry@umontana.edu The University of Montana Business Services—Purchasing Lommasson Center 236 Missoula, Montana 59812
Issue Date: October 22, 2009
Phone: (406) 243-2204 Fax: (406) 243-4929
Vendor Website: http://vendor.mt.gov/
Montana Recovery Website: http://recovery.mt.gov
INSTRUCTIONS TO BIDDERS Mark Face of Envelope/Package: COMPLETE THE INFORMATION BELOW AND RETURN THIS PAGE WITH YOUR BID AND ANY REQUIRED DOCUMENTS TO THE ADDRESS LISTED ABOVE UNDER "ISSUING AGENCY INFORMATION." IFB Number: 2708 IFB Due Date: November 6, 2009 Special Instructions:
BIDDERS MUST COMPLETE THE FOLLOWING Payment Terms: Net 30 days Delivery Date: Bidder Name/Address: Authorized Bidder Signatory:
(Please print name and sign in ink)
Bidder Phone Number:
Bidder FAX Number:
Bidder E-mail Address:
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
IFB 2708 – Page 1
Standard Terms and Conditions
By submitting a response to this invitation for bid, request for proposal, limited solicitation, or acceptance of a contract, the vendor agrees to acceptance of the following Standard Terms and Conditions and any other provisions that are specific to this solicitation or contract.
ACCEPTANCE/REJECTION OF BIDS, PROPOSALS, OR LIMITED SOLICITATION RESPONSES: The University reserves the right to accept or reject any or all bids, proposals, or limited solicitation responses, wholly or in part, and to make awards in any manner deemed in the best interest of the University. Bids, proposals, and limited solicitation responses will be firm for 30 days, unless stated otherwise in the text of the invitation for bid, request for proposal, or limited solicitation. ACCESS AND RETENTION OF RECORDS: The contractor agrees to provide the department, University, Legislative Auditor, or their authorized agents, access to any records necessary to determine contract compliance. (Section 18-1-118, MCA). The contractor agrees to create and retain records supporting the services rendered or supplies delivered for a period of three years after either the completion date of the contract or the conclusion of any claim, litigation, or exception relating to the contract taken by The University of Montana or third party. ALTERATION OF SOLICITATION DOCUMENT: In the event of inconsistencies or contradictions between language contained in the University’s solicitation document and a vendor’s response, the language contained in the University’s original solicitation document will prevail. Intentional manipulation and/or alteration of solicitation document language will result in the vendor’s disqualification and possible debarment. AMERICAN RECOVERY AND REINVESTMENT ACT: This contract is automatically canceled if federal funds under the American Recovery and Reinvestment Act of 2009, Public Law 111-5, are not appropriated or otherwise made available to support the contract’s commencement or continuation of performance. ASSIGNMENT, TRANSFER AND SUBCONTRACTING: The contractor shall not assign, transfer or subcontract any portion of the contract without the express written consent of the department. (Section 18-4-141, MCA.) AUTHORITY: The attached bid, request for proposal, limited solicitation, or contract is issued under authority of Title 18, Montana Code Annotated, and the Administrative Rules of Montana, Title 2, chapter 5. COMPLIANCE WITH LAWS: The contractor must, in performance of work under the contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the contractor subjects subcontractors to the same provision. In accordance with section 49-3-207, MCA, the contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. CONFORMANCE WITH CONTRACT: No alteration of the terms, conditions, delivery, price, quality, quantities, or specifications of the contract shall be granted without prior written consent of the University Purchasing Office. Supplies delivered which do not conform to the contract terms, conditions, and specifications may be rejected and returned at the contractor’s expense. DEBARMENT: The contractor certifies, by submitting this bid or proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the contractor cannot certify this statement, attach a written explanation for review by the University. DISABILITY ACCOMMODATIONS: The University of Montana does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need aids, alternative document formats, or services for effective communications or other disability related accommodations in the programs and services offered are invited to make their needs and preferences known to this office. Interested parties should provide as much advance notice as possible. FACSIMILE RESPONSES: Facsimile responses will be accepted for invitations for bids, small purchases, or limited solicitations ONLY if they are completely received by the University Purchasing Office prior to the time set for receipt. Bids, or portions thereof, received after the due time will not be considered. Facsimile responses to requests for proposals are ONLY accepted on an exception basis with prior approval of the procurement officer. FAILURE TO HONOR BID/PROPOSAL: If a bidder/offeror to whom a contract is awarded refuses to accept the award (PO/contract) or fails to deliver in accordance with the contract terms and conditions, the department may, in its discretion, suspend the bidder/offeror for a period of time from entering into any contracts with The University of Montana. FORCE MAJEURE: Neither party shall be responsible for failure to fulfill its obligations due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, acts of God, materials shortages, transportation delays, fires, floods, labor disturbances, riots, wars, terrorist acts, or any other causes, directly or indirectly beyond the reasonable control of the nonperforming party, so long as such party is using its best efforts to remedy such failure or delays. HOLD HARMLESS/INDEMNIFICATION: The contractor agrees to protect, defend, and save the University, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of the contractor’s employees or third IFB 2708 – Page 2
parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the contractor and/or its agents, employees, representatives, assigns, subcontractors, except the sole negligence of the University, under this agreement. LATE BIDS AND PROPOSALS: Regardless of cause, late bids and proposals will not be accepted and will automatically be disqualified from further consideration. It shall be solely the vendor’s risk to ensure delivery at the designated office by the designated time. Late bids and proposals will not be opened and may be returned to the vendor at the expense of the vendor or destroyed if requested. PAYMENT TERM: All payment terms will be computed from the date of delivery of supplies or services OR receipt of a properly executed invoice, whichever is later. Unless otherwise noted in the solicitation document, the University is allowed 30 days to pay such invoices. All contractors will be required to provide banking information at the time of contract execution in order to facilitate University electronic funds transfer payments. RECIPROCAL PREFERENCE: The University of Montana applies a reciprocal preference against a vendor submitting a bid from a state or country that grants a residency preference to its resident businesses. A reciprocal preference is only applied to an invitation for bid for supplies or an invitation for bid for nonconstruction services for public works as defined in section 18-2-401(9), MCA, and then only if federal funds are not involved. For a list of states that grant resident preference, see http://gsd.mt.gov/procurement/preferences.asp. REDUCTION OF FUNDING: The University must terminate this contract if funds are not appropriated or otherwise made available to support the University’s continuation of performance in a subsequent fiscal period. (See section 18-4-313(4), MCA.) REFERENCE TO CONTRACT: The contract or purchase order number MUST appear on all invoices, packing lists, packages, and correspondence pertaining to the contract. REGISTRATION WITH THE SECRETARY OF STATE: Any business intending to transact business in Montana must register with the Secretary of State. Businesses that are incorporated in another state or country, but which are conducting activity in Montana, must determine whether they are transacting business in Montana in accordance with sections 35-1-1026 and 35-8-1001, MCA. Such businesses may want to obtain the guidance of their attorney or accountant to determine whether their activity is considered transacting business. If businesses determine that they are transacting business in Montana, they must register with the Secretary of State and obtain a certificate of authority to demonstrate that they are in good standing in Montana. To obtain registration materials, call the Office of the Secretary of State at (406) 444-3665, or visit their website at http://sos.mt.gov. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of the contract is illegal and void shall not affect the legality and enforceability of any other provision of the contract, unless the provisions are mutually dependent. SHIPPING: Supplies shall be shipped prepaid, F.O.B. Destination, unless the contract specifies otherwise. SOLICITATION DOCUMENT EXAMINATION: Vendors shall promptly notify the University of any ambiguity, inconsistency, or error which they may discover upon examination of a solicitation document. TAX EXEMPTION: The University of Montana is exempt from Federal Excise Taxes (#81-0302402). TECHNOLOGY ACCESS FOR BLIND OR VISUALLY IMPAIRED: Contractor acknowledges that no state funds may be expended for the purchase of information technology equipment and software for use by employees, program participants, or members of the public unless it provides blind or visually impaired individuals with access, including interactive use of the equipment and services, that is equivalent to that provided to individuals who are not blind or visually impaired. (Section 18-5-603, MCA.) Contact the State Procurement Bureau at (406) 444-2575 for more information concerning nonvisual access standards. TERMINATION OF CONTRACT: Unless otherwise stated, the University may, by written notice to the contractor, terminate the contract in whole or in part at any time the contractor fails to perform the contract. U.S. FUNDS: All prices and payments must be in U.S. dollars. VENUE: This solicitation is governed by the laws of Montana. The parties agree that any litigation concerning this bid, request for proposal, limited solicitation, or subsequent contract, must be brought in the District court for Missoula County, Missoula, Montana, State of Montana, and each party shall pay its own costs and attorney fees. (Section 18-1-401, MCA.) WARRANTIES: The contractor warrants that items offered will conform to the specifications requested, to be fit and sufficient for the purpose manufactured, of good material and workmanship, and free from defect. Items offered must be new and unused and of the latest model or manufacture, unless otherwise specified by the University. They shall be equal in quality and performance to those indicated herein. Descriptions used herein are specified solely for the purpose of indicating standards of quality, performance, and/or use desired. Exceptions will be rejected. 5/09
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SECTION 1: GENERAL REQUIREMENTS
FOB DESTINATION: THE UNIVERSITY OF MONTANA CENTRAL RECEIVING MISSOULA MT 59812 SCOPE OF WORK: Purchase of:
Portable Animal Bedding Disposal Cabinet
The UNIVERSITY OF MONTANA, hereinafter referred to as “the University”, is soliciting bids for a Portable Animal Bedding Disposal Cabinet. A more complete description of the supplies and/or services sought is provided in this IFB. Bids submitted in response to this solicitation must comply with the instructions and procedures contained herein. TIMELINESS AND ACCOUNTABILITY ARE IMPERATIVE: The U.S. Congress has mandated that the States expend the monies that are the consideration for this Contract in a timely and appropriate manner so as to achieve the fiscal and programmatic purposes of the ARRA. Consequently, there are substantive performance criteria that the Contractor must conform with. Those performance criteria include but are not limited to: 1) definite time periods for performance; 2) fiscal expenditure requirements and limitations; 3) accounting requirements; 4) programmatic performance requirements, and 5) fiscal and programmatic reporting requirements. Failure of the Contractor to perform in accordance with the performance criteria established in law and by this Contract and other governing contractual obligations will result in action by the University, as it determines in its discretion appropriate, to remedy the Contractor's failings. Actions may include but are not limited to 1) corrective contractual actions; 2) contractual recoveries; 3) administrative or criminal investigations; 4) administrative, civil or criminal remedies and penalties; 5) contractual termination and 6) debarment of the Contractor. The University furthermore may take action to terminate the University's contractual relationships with the Contractor under the awarded Contract and any and all other contracts the Contractor may have entered into with the University. AMERICAN RECOVERY AND REINVESTMENT ACT: The successful bidder understands and agrees that The University of Montana is not legally bound to commence or continue any contract awarded to the bidder unless The University of Montana has appropriation authority for the federal funds and actual receipt of the funds for this contract under the American Recovery and Reinvestment Act of 2009, Public Law 111-5. Contract Contingent on Funding. This contract is automatically canceled if federal funds under the American Recovery and Reinvestment Act of 2009, Public Law 111-5, are not appropriated or otherwise made available to support the contract’s commencement or continuation of performance. GENERAL BID REQUIREMENTS: The University reserves the right to accept any or all bids, wholly or in part, and to make awards in any manner deemed to be in the best interest of the University. Bid pricing must be firm for ninety days. Bid award will be contingent upon funding and special approvals. DESCRIPTIVE LITERATURE: Complete descriptive literature sufficient in detail to establish quality and compliance with all specifications must be submitted when requested. The University reserves the right to determine compliance with the stated specifications. ALL-OR-NONE: Primary consideration to an "all-or-none" bid shall be given when considered to be in the best interest of the University. Failure of a bidder to provide prices for all line items listed in the Bid may be cause for rejection of the entire bid. However, a bidder may enter “No Cost” in the unit price and extended amount columns to indicate that the item is being offered at “No Cost.” BIDDER COMPETITION: The University encourages free and open competition among bidders. Whenever possible, specifications, bid requests, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the University’s need to procure technically sound, cost-effective services. The bidder’s signature on a bid in response to this IFB guarantees that the prices quoted have been established without collusion and without effort to preclude The University of Montana from obtaining the best possible supply or service.
IFB 2708 – Page 4
Bidders with questions or requiring clarification or interpretation of any section within this bid may address these questions in writing via e-mail to the procurement officer referenced on the cover page. GUARANTEED DELIVERY: Due to the immediate need of the user agency, indicate the date delivery is guaranteed to be completed on or before: . WARRANTY: The vendor warrants that items offered will conform to the specifications requested, to be fit and sufficient for the purpose manufactured, of good material and workmanship and free from defect. Items offered must be new and unused and of the latest model or manufacture, unless otherwise specified by the University. A complete and concise warranty statement and availability of service must accompany all bids. All items purchased under this contract shall include the manufacturers' standard guarantees. Warranty statement shall include: a) length of warranty for parts and service: ______________________________________ b) response time:__________________________________________________________ c) service agent: __________________________________________________________ The vendor shall warranty for a minimum period of at least one year from date of delivery that the equipment offered is free from defects in material and workmanship and agrees to repair or replace, within ten (10) days of written notice from the University of Montana of such defects, without additional cost, any and all items failing, except those failure attributable to accident, fire, or negligence on the part of agency personnel. Any associated cost of the warranty must be included in the bid price. MANUALS: The vendor shall supply a complete operation/service manual for each piece of equipment. This manual shall include, but not be limited to, electronic schematics and technical service information to allow for complete service and repair of the equipment. No order will be regarded as completed, nor will payment be made, until such manuals are supplied. Xeroxed copies or other reproductions will not be accepted. DISCOUNTS: Governmental or educational discounts available for these products will be a consideration of bid award. FUNDING: Bid award will be contingent upon funding and special approvals. BID AWARDS: Basis for Award. Bid award, if made, will be to the responsive and responsible bidder who offers the lowest cost to the University in accordance with the specifications set forth in the invitation for bid. Rejection of Bids. While the University has every intention to award a contract as a result of this IFB, issuance of the IFB in no way constitutes a commitment by The University of Montana to award and execute a contract. Upon a determination such actions would be in its best interest, the University, in its sole discretion, reserves the right to: Cancel or terminate this IFB (18-4-307, MCA); Waive any undesirable, inconsequential, or inconsistent provisions of this IFB which would not have significant impact on any bid (ARM 2.5.505); or If awarded, terminate any contract if the University determines adequate University funds are not available (18-4313, MCA).
PREFERENCE NOT APPLIED: Reciprocal preference will not be applied to this purchase because federal funds are involved (ARM 2.5.408). SPECIFICATIONS: The University of Montana, is soliciting bids for a Portable Animal Bedding Disposal Cabinet. Bidders must provide price lists/sheets, brochures, etc. when requested. Various manufacturer warranties may apply, copies must be available upon request.
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1. FOB Destination, Freight Prepaid: The seller pays and bears the freight charges, owns goods in transit and files any claims for loss or damage. Freight charges must be included in the bid. Equivalent Products: Requirements designated in this bid must be satisfied, or a functional equivalent bid submitted, which is acceptable to the University. Bidders who do not meet this criterion may be disqualified from further consideration. A bidder must state if they are unable or unwilling to meet any requirement. Inability or unwillingness to meet any requirement, in part or total, may be cause for disqualification of the entire response. Any exceptions taken by the bidder must be clearly identified on the bid forms. Portable Animal Bedding Disposal Cabinet Specifications -2. 1 Class II Type A2 biological safety cabinet animal waste disposal unit. 3. Must automatically handle an increase in pressure drop of more than 250% across the filter without reducing total air delivery more than 10%. Manual speed control is not desired. 4. View screen must be ¼” safety plate glass, not tempered plate glass that can disintegrate upon breakage, immediately causing loss of safety for animals and personnel. 5. Permanent all-steel plenums are required. Plastic is not acceptable. 6. Interior side walls must be of double wall construction to ensure that the interior side walls of the BSC are under negative pressure to the interior of the cabinet and the room. 7. Interior side walls should be of one piece construction with no welds or caulking at that interface. 8. A negative pressure barrier must be present behind the view screen to prevent migration of air in or out at that interface. Wiper blades are not sufficient. 9. Sliding glass view screen should have an inward slope of 10 degrees for optimal ergonomics. 10. Unit shall be portable on at least 5-inch casters, include 2 pull-bars, and possess an electric hydraulic system that allows infinite adjustment of the lift height from 24 to 40 inches. 11. The view screen sash opening should be at least 12 inches for ease of use. 12. Delivery must be within 90 days from date of order.
ITEM NO. 1.
DESCRIPTION Portable Animal Bedding Disposal Cabinet per specifications, to include: Class II, Type A1 Biological Safety Cabinet Flush-mounted receptacle opening cover Electrical: 115V AC, 60 Hz. Approx. 12” access opening, counterweighted viewing sash HEPA Filtration at 99.99% on 0.3 mc particles. 4’ wide unit, 5-inch casters; unit fits through standard doorway in lowest position Double wall metal construction Adjustable electric mobile lift for work surface heights from 21 3/8” to 40 5/8” Fluorescent light safety lock prevents turnon without blower operating 2 pull bars Pre-filters under work surface included
QUANTITY NUMBER UNIT 1 EACH
UNIT PRICE $________
TOTAL $__________
-
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-
Suggested brand: Baker SterilGARD III Advance Waste Disposal Unit with adjustable mobile lift, model SG403A HE; or equal.
Brand/Model#: ___________________________
Overall Total: ________________________________ ---------------------------------------------------------------------------NOTE: Vendors wishing to submit bids may FAX their quotation to The University of Montana, Business Services-Purchasing Office, 406-243-4929, prior to 2:00 p.m. local time, November 6, 2009. ---------------------------------------------------------------------------IFB Checklist Have you remembered to: Check our website for the latest addendum to the IFB Sign each "Acknowledgment of Addendum" if required Sign your bid on our cover sheet Mark your mailing envelope or box with the IFB number and the opening date under your return address Carefully review the "Standard Terms and Conditions" Carefully review all listed requirements to ensure compliance with the IFB Initial all bid/pricing changes you made Bid F.O.B. Destination (Ship To: Address) Freight Prepaid Submit all pages of the Invitation to Bid.
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Attachment A
1 REPORTING FOR ARRA, TRANSPARENCY ACT, AND OTHER PURPOSES 1.1 Reports of fiscal, employment and programmatic performance are an essential obligation of the Contractor as a subrecipient of ARRA monies. The State Of Montana must generate reports as required by federal law and direction in order to garner and retain without penalty or loss the ARRA monies that are available to Montana. Timely and full and complete reporting by subrecipient Contractors is essential to the completion of the State's reporting obligation. 1.2 The Contractor must comply, as directed by the Department, with the various reporting requirements of the ARRA, the Transparency Act and other federal and state laws that are applicable to performance under this Contract. For purposes of performance under this Contract, the Contractor must comply with the reporting timelines, procedures and other requirements established by the Department for purposes of delivery of services under this Contract. The Contractor must prepare and submit to the Department reports in conformance with the particular timelines and reporting requirements that are stated in any Addendum to the Contract. 1.3 The Contractor must further comply as directed by the Department with the following reporting requirements of the Governmental Funding Transparency Act of 2008 (Public L. 110-252), an amendment to the Transparency Act. The Contractor, as a subrecipient, must prepare and submit reports to the Department in accordance with the schedule provided by the Department containing the following information: 1.3.1 name of the entity receiving the award; 1.3.2 the amount of the award; 1.3.3 the transaction type; 1.3.4 the funding agency; 1.3.5 the Catalog Of Federal Domestic Assistance number; 1.3.6 the program source; 1.3.7 the location of the entity receiving the award, including four data elements for the city, State, Congressional district, and country; 1.3.8 the location of the primary place of performance under the award, including four data elements for the city, State, Congressional district, and country; 1.3.9 an unique identifier of the entity receiving the award; 1.3.10 an unique identifier of the parent entity of the recipient, should the recipient be owned by another entity; 1.3.11 the names and total compensation of the five most highly compensated officers of the company for the calendar year in which the contract is awarded if in the Contractor's preceding fiscal year, the Contractor received: 1.3.11.1 80% or more of its annual gross revenues from Federal contracts and subcontracts, loans, grants and subgrants and cooperative agreements; and 1.3.11.2 $25,000,000 or more in annual gross revenues from Federal contracts and subcontracts, loans, grants and subgrants and cooperative agreements. 1.4 The Contractor must further comply as directed by the Department with the following reporting requirements of the ARRA. The Contractor, in addition to the information that the Contractor is required in accordance with an Addendum, must prepare and submit a report to the Department in accordance with the schedule provided by the Department containing the following information concerning the expenditure or obligation of any ARRA appropriated funds other than Medicaid funds: 1.4.1 the total amount of recovery funds received from the Department; 1.4.2 the total amounts of the recovery funds received that are expended or obligated to projects or activities as evidenced by invoices; 1.4.3 a detailed list of all significant services performed, services delivered, activities undertaken, or construction projects undertaken, by the Contractor. The list must include the following: 1.4.3.1 the name of the project or activity; 1.4.3.2 a description of the project or activity; 1.4.3.3 an evaluation of the completion status of the project or activity (not started, less than 50% completed, completed 50% or more, or fully completed); and 1.4.3.4 an estimate of the number of jobs completed or retained by the project or activity. 1.5 The Contractor, submitting a Schedule Of Expenditures Of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) as required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits Of
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States, Local Governments, And Non-Profit Organizations", must identify separately on the forms the monies expended under the federal ARRA". 1.6 Definitions 1.6.1 “Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (ARRA). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter. “Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (ARRA). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a fulltime schedule, as defined by the contractor. For instance, two full-time employees and one parttime employee working half days would be reported as 2.5 FTE in each calendar quarter. “Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)): 1.6.3.1 Salary and bonus; 1.6.3.2 Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments; 1.6.3.3 Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees; 1.6.3.4 Change in pension value. This is the change in present value of defined benefit and actuarial pension plans 1.6.3.5 Above-market earnings on deferred compensation which is not tax-qualified; and 1.6.3.6 Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.
1.6.2
1.6.3
2
ACCOUNTING, COST PRINCIPLES AND AUDIT 2.1 The Contractor must maintain for the purposes of this Contract an accounting system of procedures and practices that conforms to Generally Accepted Accounting Principles (GAAP), as interpreted by the Department and other pertinent federal and state authorities, and that conforms to any other accounting requirements required by the Department or other entities or that may be required under 18-4-311, MCA or any pertinent federal and state authorities. 2.2 The Department, the federal Departments Of Health And Human Services, Agriculture, Energy, or Education, and other authorized federal and state entities, their auditors, investigators and agents, in accordance with this Contract and applicable legal authorities, may conduct at any time during or after the term of this Contract audits and other investigations to assure the appropriate administration and expenditure of the monies provided to the Contractor through this Contract and to assure the appropriate administration and delivery of services delivered through this Contract. 2.3 The Contractor during the term of this Contract and for eight years thereafter must provide, in accordance with 18-1-118, MCA and other pertinent federal and state authorities, access to all of the Contractor’s records, materials and information including any and all audit reports with supporting materials and work documents pertinent to the delivery of services provided under this Contract. Access is to be available for purposes of audit and other administrative activities and investigations. Access must be provided in a timely and unrestricted manner, and in a format acceptable by the Department. Access is to be available for the Department, as applicable, the federal Departments Of Health And Human Services, Agriculture, Energy, or Education, and other authorized federal and state entities, their auditors, investigators and agents. The entities and their agents may record any information and make copies of any materials necessary for the conduct of an audit or other administrative activity or investigation.
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2.4 The Contractor must, as directed by the Department or other auditing and investigatory entities, take corrective action to resolve audit findings. The Contractor must prepare a corrective action plan that specifies the particular audit findings necessitating corrective action and the actions the Contractor proposes to undertake. The Department may direct the Contractor to modify the corrective action plan as the Department determines is necessary and appropriate. 2.5 The Contractor must reimburse the Department or compensate the Department in any other manner as the Department may direct for any sums of monies determined by an audit or other administrative activity or investigation to be owing to the Department. 2.6 A non-profit contractor, if receiving $500,000 or more in federal funds from any and all federal funding sources, other than those monies received through a standardized rate reimbursement system, must comply with the accounting and audit requirements of Federal Office of Management and Budget (OMB) Circular A133, "Audits of States, Local Governments, and Non-Profit Organizations" and the provisions of OMB Circular "A-122, Cost Principles for Non-Profit Institutions" concerning the use of the funds provided under this Contract. 2.7 A for-profit contractor, receiving monies other than through a standardized rate reimbursement system, must comply with the accounting and audit requirements in 45 CFR 74.26(d) and the cost principles and procedures for commercial organizations in 48 CFR 31 concerning the use of the funds provided under this Contract in the version in effect on the date this Contract is designed by both parties. Pursuant to 45 CFR 74.26(d), a "for-profit" organization may either have an audit conducted in accordance with the Federal Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" or the Government Auditing Standards. 3 COMPLIANCE WITH BUSINESS, TAX, AND LABOR LAWS INCLUSIVE OF THE FEDERAL DAVIS-BACON ACT 3.1 The Contractor assures the Department that the Contractor is legally authorized under state and federal business and tax laws to conduct business in accordance with this Contract. 3.2 The Contractor, at all times during the term of this Contract, must maintain coverage for the Contractor and the Contractor's employees through workers' compensation, occupational disease, and any similar or related statutorily required insurance program. The Contractor must provide the Department with proof of necessary insurance coverage as it may be issued to the Contractor and must immediately inform the Department of any change in the status of the Contractor's coverage. 3.3 If the Contractor's performance under this Contract involves the expenditure of ARRA funding in whole or in part for construction, alteration, maintenance, or repair, the Contractor, as directed by Section 1606 of the ARRA, must pay wages to laborers and mechanics involved in those activities in accordance with the federal Davis-Bacon Act, 40 U.S.C. 31, subchapter IV, and implementing regulations at 29 CFR parts 1, 3, and 5. 3.4 The Contractor, as a recipient of state contracted for services, must comply with the provisions the Montana prevailing wage requirements in Title 18, chapter 2, part 4, MCA unless the services contracted for are "human services" which are excluded from the definition of the term "public works contract" for purposes of the prevailing wage requirement. 3.5 If the Contractor has received, for workers' compensation and other purposes, an independent contractor certification from the Montana Department Of Labor And Industry, the Contractor must provide the Department with a copy of the current certification and must immediately inform the Department of any change in the status of the Contractor's certification. 3.6 The Contractor is solely responsible for and must meet all labor, health, safety, and other legal requirements, including payment of all applicable taxes, premiums, deductions, withholdings, overtime and other amounts, which may be legally required with respect to the Contractor, the Contractor's employees, and any persons providing services on behalf of the Contractor under this Contract. The Contractor may not use in the performance of its duties and responsibilities under this Contract a person as an independent contractor unless that person is currently and remains certified in accordance with Montana law as an independent contractor. 3.7 The provision of this Contract or the Contract referenced in Section 6, regarding indemnification, applies with respect to any and all claims, obligations, liabilities, costs, attorney fees, losses or suits involving the
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Department that accrue or result from the Contractor’s failure to comply with this section, or from any finding by any legal authority that any person providing services on behalf of the Contractor under this Contract is an employee of the Department. 4 CREATION AND RETENTION OF RECORDS 4.1 The Contractor must maintain records documenting compliance with the performance and financial requirements stated in federal and state law and in this Contract along with incorporated attachments. Records include all written and electronic documents memorializing and reporting on performance and financial accounting and any other documents as required by this Contract, state and federal laws, or other authorities or as otherwise maintained by the Contractor. The Contractor, upon request, must make these records available in a timely and unrestricted manner to the University and to other authorized federal and state entities, their auditors, investigators and agents. 4.2 Records must be retained for a period of eight (8) years from the completion date of this Contract. If any litigation, review, claim or audit is started before the expiration of the eight (8) year period, the records must be retained until all litigation, reviews, claims or audit findings involving the records have been resolved. 4.3 The Contractor must provide the Department and its authorized agents with reasonable access to records the Contractor maintains for purposes of this Contract. The Contractor must make the records available at all reasonable times at the Contractor’s general offices. 4.4 Records developed for the purposes of delivery of services to consumers under this Contract are the property of the Department and must be developed, maintained, and disposed of as provided in this Contract or as otherwise directed by the Department.
5.0 ANTITRUST VIOLATIONS The Contractor, may not engage in any price fixing activities that violate the federal antitrust Sherman Act, 15 U.S.C. §§ 1 – 7. Collusion to fix prices may constitute further violations of federal laws including those prohibiting mail or wire fraud and false statement. Violations by the Contractor of federal antitrust and other laws are bases for termination of this Contract.
6.0
RECOVERY ACT WHISTLEBLOWER PROTECTION 6.1 The Contractor may not discharge, demote, discriminate, or treat in an adverse manner any employee as reprisal against the employee for communicating evidence of any of the following abuses of ARRA funds to the Recovery Accountability And Transparency Board (RAAT), a federal Inspector General, the federal Comptroller General, a member of Congress, a state or federal regulatory or law enforcement agency, a person with supervisory authority over the employee, a court or grand jury, or the head of a federal agency or a representative of the head. 6.1.1 gross mismanagement of an agency contract or grant relating to covered funds; 6.1.2 a gross waste of covered funds; 6.1.3 a substantial and specific danger to the public health or safety related to the implementation or use of covered funds; or 6.1.4 a violation of law, rule, or regulation related to an agency contract or grant awarded or issued relating to covered funds. The Contractor must post notice of the employee rights and remedies related to whistleblower protection under the Recovery Act.
6.2
7.0
PUBLIC INFORMATION AND DISCLAIMERS 7.1 All statements, press releases, and other documents or media pieces made available to the public describing the services provided with monies received through this Contract must be reviewed and approved by the Department prior to use, publication or release. This Contract is exclusively funded with monies appropriated by the U.S. Congress and the Montana Legislature for the purpose of furthering the ARRA goal of economic recovery for the national and international economy.
7.2
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7.2.1
All public communications concerning the expenditure of funds and delivery of services under this Contract must carry the following statement and must be approved by the Department. "This project/activity is funded as a whole or in part with monies received through the "American Recovery And Reinvestment Act of 2009". This project/activity is intended to further the recovery of the economy through the retention of or increase in jobs for Montanans and through supplemental funding of human services programs to meet the needs of Montanans who due to the economic contraction are in need of the aid of society." The Contractor must include in all public notice and publicity documents produced by the Contractor concerning performance under this Contract the federal and Montana ARRA logos.
7.2.2
7.3
All public notices, information pamphlets, press releases, research reports, posters, public service announcements, web sites and similar modes of presenting public information pertaining to the services and activities funded with this contract prepared and released by the Contractor must include the statement: "This project is funded in whole or in part under a contract with the Montana Department of Public Health and Human Services. The statements herein do not necessarily reflect the opinion of the Department."
7.4
A Contractor providing consultation or training services to the public or departmental and other staff and professionals must inform audiences and trainees that any opinions expressed by the Contractor do not necessarily represent the positions of the Department. The Contractor, in accordance with Section 506 of H.R. 1105,"Omnibus Appropriation Act, Division F, Departments Of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2009", Pub. L. No. 111-8, and as may be provided by congressional continuing resolutions or further budgetary enactments, must state in all statements, press releases, and other documents or media pieces made available to the public describing the services provided through this Contract and funded in part or in whole with federally appropriated monies received through the programs administered by the federal Departments of Health & Human Services, Education or Labor, the percentage and the monetary amount of the total program or project costs funded with federal monies and the percentage and the monetary amount of the total costs funded with non-governmental monies. The Contractor may not expend monies under this Contract for the purchase of any media time for publicity or advertising concerning the Department’s services available through this Contract or the Contractor’s services and performance under this Contract that financially or textually directly or indirectly supports or opposes, or associates the Department or the services made available through this Contract with any specific political agenda, political party, a candidate for public office, or a matter to be voted upon by the public. Media includes but is not limited to commercial and noncommercial print, verbal and electronic media.
7.5
7.6
8.0
GENERALLY APPLICABLE FEDERAL REQUIREMENTS 8.1 Generally 8.1.1 The Contractor, in addition to the federal requirements specified in this contract and any attachments to this contract, must comply with the applicable federal requirements and assurances for recipients of federal grants provided in the federal OMB 424B (Rev. 7-97) form, known as "ASSURANCES - NON-CONSTRUCTION PROGRAMS", and in the Departments "CERTIFICATION OF COMPLIANCE WITH CERTAIN REQUIREMENTS FOR DEPARTMENT OF PUBLIC HEALTH & HUMAN SERVICES (12-06)". Those assurance documents must be signed by the Contractor and submitted to the Department prior to the signing of this contract. The Contractor is responsible for determining which requirements and assurances are applicable to the Contractor. The Contractor must ensure compliance of its subcontractors with the applicable federal requirements and assurances and any related reporting requirements.
8.1.2
8.1.3
8.2
Political and Lobbying Activities
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8.2.1
8.2.2
Federal monies received by the Contractor under the terms of this contract may not be used for any political activities by the Contractor, its employees or agents except as expressly permitted by state and federal law. As required by 31 U.S.C. 1352 and 45 CFR 93.100 et seq., federally appropriated monies may not be used to influence or attempt to influence an officer or employee of any agency, a member of the U.S. Congress, an officer or employee of the U.S. Congress or an employee of a member of the U.S. Congress, in connection with the awarding of any federal contract, grant or loan, the making of any cooperative agreement or the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds are paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of the U.S. Congress, an officer or employee of the U.S. Congress or an employee of a member of the U.S. Congress in connection with this contract, the Contractor must complete and submit to the Department the federally required form, "STANDARD FORM LLL".
8.2.3
8.2.4
Federally appropriated monies received through the programs of the federal Departments of Health & Human Services, Education or Labor, as provided in Section 503 of H.R. 1105,"Omnibus Appropriation Act, Division F, Departments Of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2009", Pub. L. No. 1118,, and as may be provided by congressional continuing resolutions or further budgetary enactments, may not be used: 8.2.4.1 to fund publicity or propaganda, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or a state legislature, except for presentations to the U.S. Congress or a state legislative body or one or more of its members as an aspect of normal and recognized executive-legislative relationships. 8.2.4.2 to pay the salary or expenses of any grant or contract recipient, or agent acting for the recipient, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or a state or local legislative body. The Contractor must cooperate with any investigation undertaken regarding the expenditure of funds for political or lobbying activities.
8.2.5
8.2.6
Federal monies received through Title III of the Older Americans Act for services to the aged, in accordance with 42 U.S.C. 3026, may be used for the following activities: 8.2.6.1 providing voters and prospective voters with transportation to polling places and voter registration sites; 8.2.6.2 providing assistance in voter registration; 8.2.6.3 providing registration and voting assistance that does not influence voter choice; and 8.2.6.4 advocating in the community for the elderly by monitoring, evaluating, and commenting upon policies, programs, hearings, levies, and community actions affecting the elderly. The Contractor must ensure the compliance of any subcontractors with these restrictions and any related reporting requirements.
8.2.7
8.3
Federal Debarment Prohibition 8.3.1 The Department, in accordance with The Federal Acquisition Streamlining Act of 1994, P.L. 103-355, and Executive Orders #12549 and #12689, is prohibited from contracting with any entity that is debarred, suspended, or otherwise excluded from participating in procurement activities funded with federal monies. This prohibition also extends to contracting with an entity that has a director, officer, partner, person with beneficial ownership of more than 5 percent of the entity's equity, employee, consultant, or person otherwise providing items and services that are significant and material to the entity's obligations under its contract with the Department if that person has been debarred, suspended or otherwise excluded from participating in procurement activities funded with federal monies.
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8.3.2
If the Department finds that the Contractor is not in compliance with federal debarment requirements, the Department; must notify the federal government; may continue this contract unless the Secretary of the federal Department of Health and Human Services or other authorizing federal authority directs otherwise; and may only renew or otherwise extend the duration of the existing contract with the Contractor if the federal government provides to the Department and to Congress a written statement describing compelling reasons that exist for renewing or extending this contract.
8.3.2.1 8.3.2.2 8.3.2.3
8.4
Federal False Claims Act Education 8.4.1 Any contractor and its subcontractors furnishing items or services funded with Medicaid monies at more than a single location or under more than one contractual or other payment arrangement and receiving aggregate payments of Medicaid monies totaling $5,000,000 or more annually must comply with the requirements of 1902(a)(68) of the Social Security Act pertaining to the federal False Claims Act. It is the responsibility of the Contractor to establish written policies to be presented in handbooks and otherwise for all employees that include detailed educational information about the federal False Claims Act and the other provisions specified in section 1902(a)(68)(A).
9.0
BUY AMERICAN FOR PUBLIC WORKS PROJECTS Iron, steel, and manufactured goods used in the construction, alteration, maintenance, or repair of a public building or public work funded through the expenditure of ARRA monies in accordance with Section 1605 of the Act must be produced in the United States. The federal Office Of Management And Budget issued in the Federal Register, vol. 74, No. 77, p.18449, an Interim Final Guidance providing the compliance with the Section 1605 requirement.
10.0
CIVIL RIGHTS 10.1 Discrimination Prohibited Federal and State Authorities The Contractor, in accordance with federal and state law cited herein and as other wise may be applicable, may not discriminate in any manner against any person on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin. 10.2 Montana Human Rights Act The Contractor in the performance of this Contract must act in compliance with the applicable anti-discrimination requirements of the Montana Human Rights Act at part 3 of Title 49, chapter 2, MCA. 10.3 Montana Governmental Code Of Fair Practices 10.3.1 As implemented by this provision, the Contractor is prohibited by the Montana Governmental Code Of Fair Practices at 49-3-205, 49-3-206, and 49-3-207, MCA from discriminating on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin in the performance of the contract or in the delivery of state services or funding on behalf of the State. The Contractor may not receive funds from the State if the Contractor engages in discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin. 10.3.2 As implemented by this provision, the Contractor, in accordance with the Montana Governmental Code Of Fair Practices at 49-3-207, MCA, must for purposes of performance of this Contract hire persons on the basis of merit and qualifications directly related to the requirements of the particular position being filled. 10.4 Federal And State Authorities The Contractor must comply with the applicable provisions of: 1. the Montana Human Rights Act (49-2-101, et seq., MCA); 2. the Montana Governmental Code of Fair Practices (49-3-101, et seq. MCA);
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3. the federal Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.), prohibiting discrimination based on race, color, or national origin; 4. the federal Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.), prohibiting discrimination based on age; 5. the Education Amendments of 1972 (20 U.S.C. 1681), prohibiting discrimination based upon gender; 6. Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. 794), prohibiting discrimination based upon disability; 7. the federal Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.), prohibiting discrimination based upon disability; and 8. the federal Executive Orders 11246 and 11375 and 41 CFR Part 60, requiring equal employment opportunities in employment practices. 10.5 Civil Rights Violations
The Department may undertake any and all actions, inclusive of contractual termination, necessary to remedy any prohibited discriminatory action by the Contractor or to remedy any failure by the Contractor to carry out an affirmative action as required in federal or state law.
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Attachment B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted.
Note these documents are available on the web at: Executive Order 12549 (http://www.archives.gov/federal_register/codification/executive_order/12549.html 45 CFR 1183.35 http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2002/octqtr/pdf/45cfr1183.35.pdf
(BEFORE COMPLETING CERTIFICATION, READ INCLUDED INSTRUCTIONS) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Name and Title of Authorized Representative
Signature
Date
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INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (https://www.epls.gov/epls/jsp/POC.jsp). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
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