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STATE OF VERMONT

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					Department of Environmental Conservation                            Agency of Natural Resources
Commisioner's Office
103 South Main Street                      [phone]   802-241-3801
Waterbury, VT 05671                        [fax]     802-244-5141
www.anr.state.vt.us/dec/dec.htm

                                   SEALED BID

                   REQUEST FOR PROPOSAL

   Retail Gasoline Sales Sector Environmental Results
                          Project
DATE:                                      January 28, 2008

REQUISITION NUMBER:                        06140-030206

QUESTIONS DUE BY:                          February 22, 2008

DUE DATE and BID OPENING: March 7, 2008

TIME OF BID OPENING:                       11:00 AM

LOCATION OF BID OPENING: 103 S. Main St, Waterbury, VT

PLEASE BE ADVISED THAT ALL NOTIFICATIONS, RELEASES AND
AMENDMENTS ASSOCIATED WITH THIS RFP WILL BE POSTED AT
www.vermontbusinessregistry.com. THE STATE WILL MAKE NO ATTEMPT TO
CONTACT VENDORS WITH UPDATED INFORMATION. IT WILL BE THE
RESPONSIBILITY OF EACH VENDOR TO PERIODICALLY CHECK THIS SITE FOR
THE LATEST DETAILS.


CONTRACT MANAGER:                  Bob Hammerl
TELEPHONE:                         (802) 241-1537
E-MAIL:                            bob.hammerl@state.vt.us
FAX:                               (802) 244-4516
                          Table of Contents


Section         Content                                  Page


   1      Overview                                        2
   2      Detailed Requirements                           4
   3      Environmentally Preferable Purchasing           5
   4      Vendor Response Content and Format              7
   5      Proposal Submission                             8
   6      Sealed Bid Instructions                         8
          Vermont Tax Certificate                        10
          Standard State Contract Provisions             11
          Use of Recycled Materials or Products Report   13
          Mercury Content Certification Form             14
          Offshore Outsourcing Questionnaire             15




                              Page 1 of 15
1. OVERVIEW
  1.1. SCOPE: The Vermont Department of Environmental Conservation and the Information Technology
       Division is seeking to establish purchasing agreements with a company that can provide software
       development services for the Retail Gasoline Sales Sector Environmental Results Project.
  1.2. BACKGROUND:

       The Waste Management Division (WMD) of the Vermont Agency of Natural Resources (VTANR) is
       soliciting proposals from qualified contractors/consultants to provide services for streamlining the
       movement of data from collection in the field to report production in the office. Seamless movement of
       data is crucial to maintain data integrity and to expedite transfer of information to the public sector.

       Funding is available to the contractor for software programming in a Windows XP environment that will
       communicate with existing data management applications to maintain data quality and expedite data
       management. The contractor will work closely with personnel who will be operating the programs in the
       field, personnel generating reports using the collected data, and IT personnel who will ultimately be
       maintaining the system.

       About the Granting Agency
       The Waste Management Division oversees the use, treatment and handling of hazardous and solid wastes.
       The Division performs emergency response for hazardous materials spills, issues permits for federal and
       state programs regulating hazardous wastes, solid wastes, and underground storage tanks, and manages
       cleanup at hazardous sites under state and federal authorities, including the Resource Conservation and
       Recovery Act (RCRA) and the Comprehensive Environmental Response Compensation and Liability Act
       (CERCLA, also known as Superfund). http://www.anr.state.vt.us/dec/wmd.htm


  1.3. CONTRACT PERIOD: Contract arising from this request for proposal will be for a period of 8
       months. Proposed start date will be March 24, 2008.
  1.4. SINGLE POINT OF CONTACT: All communications concerning this Request For Proposal (RFP)
       are to be addressed in writing to the attention of:
                                             Bob Hammerl
                                             c/o Agency of Natural Resources
                                             103 South Main Street
                                             Waterbury, VT 05671
                                             (802)241-1537
         Bob Hammerl will be the sole contact for this proposal. Attempts by bidders to contact any other party
        could result in the rejection of their proposal.
  1.5. QUESTION AND ANSWER PERIOD: Any vendor requiring clarification of any section of this
       proposal or wishing to comment or take exception to any requirements or other portion of the RFP must
       submit specific questions in writing no later than February 22, 2008. Questions may be e-mailed to
       bob.hammerl@state.vt.us. Any objection to the RFP or to any provision of the RFP, that is not raised in
       writing on or before the last day of the question period is waived.
  1.6. CONTRACT VALUE/QUANTITY: The estimated annual value of this contract is not to exceed
       $60,000.00. The annual value and quantities are estimated only based on prior usage and may be increased
       or decreased to meet actual requirements. Contract issuance is contingent upon funding availability.

                                                Page 2 of 15
1.7.       METHOD OF AWARD:
       1.7.1.         EVALUATION CRITERIA:
                Proposals shall be evaluated by the Information Technology and Waste Management Divisions using
                the following criteria:
                      Contractor qualifications;
                      Experience of Bidder in programming with Microsoft ADO.Net (C# or VB) and SQL Server
                         2005;
                      Knowledge and experience of Bidder with environmental sciences and practices;
                      Suitability of envisioned programming packages, scalability and flexibility of systems, ease of
                         deployment to target field computers/PDA units, and long-term maintenance options;
                      Record of prior experience with the development of environmental (or similar) data capture
                         systems;
                      Overall cost;
                      Projected timeline.
                 Other criteria for selection are shown in section 4 below.
1.8. CONTRACT TERMS: The selected vendor will sign a contract with the State to provide the items
     named in their responses, at the prices listed. Minimum support levels, as well as terms and conditions
     from this RFP and the vendor‟s response will become part of the contract. This contract will be subject to
     review throughout its term. The State will consider cancellation upon discovery that a vendor is in
     violation of any portion of the agreement, including an inability by the vendor to provide the products,
     support and/or service offered in their response.
1.9. ATTACHMENTS:
                  Standard State Contract Provisions dated July 1,2006
                  Use of Recycled Materials or Products Report dated November 1, 2004
                  Mercury Content Certification Form dated February 3, 2003
1.10. PRICING: DELIVERABLES & TIME TABLE: (Define Pricing Requirements).
1.11. INVOICING: All invoices are to be rendered by the Contractor on the vendor's standard billhead and
     forwarded directly to the institution or agency ordering materials or services.
1.12. REMITTANCE OF PAYMENT: Specify the address to which payments will be sent.




                                                     Page 3 of 15
2. DETAILED REQUIREMENTS:
  The Vermont Agency of Natural Resources‟ Waste Management Division in concert with VTANR‟s
  Information Technology Division (ITD) is seeking the services of a qualified contractor able to support the
  development of a database application for the Retail Gasoline Sales Sector Environmental Results Project. The
  application would have both internal and external-facing components, as well as a deployment to field
  inspection tablet computers.

  The project uses the US EPA‟s Environmental Results Program (ERP) model to achieve measurable
  improvement in compliance with sections of several federally delegated regulatory programs at facilities within
  the retail gasoline sales sector as well as other facilities regulated by the Vermont Underground Storage Tank
  (UST) program.

  The State of Vermont currently has 2.5 full-time equivalents conducting inspections in its UST program to
  oversee compliance. The regulated community consists of approximately, 2,400 UST‟s at 1,100 facilities. The
  Vermont UST program currently conducts 400 inspections per year. Under the ERP model, an assessment of
  every facility‟s compliance status would be conducted and submitted to the Vermont Department for
  Environmental Conservation (DEC) on an annual basis, as part of a mandatory self-certification program. The
  development and deployment of a database system to facilitate this new process is the focus of this project and
  the impetus for this RFP.

  The ERP database system implementation includes the following components:

           A workbook of best management practices (BMP) to guide the self-certification process;
           A compliance self-certification checklist and forms that facility owners and operators are required to
            complete;
           A return to compliance form that is used to address compliance problems identified in the self-
            certification process;
           On-site data gathering inspections by the Vermont (DEC) to confirm the accuracy of the self-
            certifications and compliance with the applicable environmental regulations.

  Specifically, the application development work includes the redesign of an existing Microsoft SQL Server 2005
  database, the migration of an existing ColdFusion web application to ADO.Net (C# or VB), and the porting of
  the ADO.Net application to tablet PCs.


  2.1 Technical Specifications

  The Bidder shall propose a process to address elements of this RFP including, but not limited to:

           Develop an understanding of the ERP self-certification process by reviewing all pertinent DEC and
           ANR manuals and procedures.

           Review the existing Microsoft SQL server database and ColdFusion web application to gain an
           understanding of the current program.

           Develop a new online web application using ADO.Net (C# or VB) and redesign or modify the SQL
           server database as needed to meet the ERP self-certification requirements. The application should also

                                                  Page 4 of 15
           function on tablet PCs to enable Waste Management Division staff to conduct field inspections of
           facilities and to transfer such data back to the master SQL database. Data that has already been
           collected must be maintained.

           Develop reports based on data submitted to provide statistical analysis of the data which will meet the
           requirements of the Waste Management Division.




   2.2 Project Management

   The successful Bidder, herein called “Contractor”, shall meet with representatives of the Information
   Technology and Waste Management Divisions no later than one week after the contract is in-force to discuss
   the major elements of a work plan.

   The Contractor shall have on file with the Information Technology Division an approved work plan no later
   than 30 days after a contract is in-force. This work plan would identify major tasks expected to be accomplished
   and the means of communication between Information Technology Division and the contractor.

   The Contractor shall provide monthly reports documenting activities conducted under the awarded contract.
   The frequency of this reporting may change based upon the needs of the project.

   The Contractor shall provide written reports documenting any and all modifications proposed and made to the
   ERP system.



   2.3 Training Component

The contractor will regularly interact with relevant WMD and ITD staff during the design phase of this initiative to
ensure that all components comply with the needs of process as well as the technology standards of the Agency
with the goal of achieving maximum practical efficiency while avoiding errors. The contractor is also expected to
provide training sessions to WMD in the use of the product and to ITD staff for the eventual maintenance of the
solution beyond the contractual warrantee period.



3. ENVIRONMENTALLY PREFERABLE PURCHASING:
   The State of Vermont is a national leader in the development and application of Environmentally Responsible
   Purchasing and control of Hazardous Material Use. Environmentally Preferable Purchasing means “products
   and services that have a lesser or reduced effect on human health and the environment when compared with
   competing products or services that serve the same purpose. This comparison may consider raw material
   acquisition, production, manufacturing, packaging, distribution, re-use, operation, maintenance, or disposal of
   the product or service” (Presidential Executive Order 13101; US EPA; generally accepted by industry).
   We have established specific goals and objectives aimed at: providing sound environmental stewardship,
   protection of human health, reducing state operating expenses associated with the use and control of regulated
   hazardous materials, and reduction of potential liability attributable to environmental impact. Therefore,
   where applicable the following environmental criteria shall be considered for all state purchasing and contracts.

                                                   Page 5 of 15
3.1.       Mercury Content: The State of Vermont is committed to minimizing the amount of mercury utilized
       in its operations, and desires to eliminate the purchase of products that contain mercury whenever
       feasible alternatives exist at a reasonable cost and comparable performance. Where mercury-free
       alternative products do not exist, preference will be given to the purchase of products with the lowest
       (documented) total mercury content feasible and products that bear a mercury content warning label as
       required of product manufacturers under Vermont law, Executive Order #03-02. The State of Vermont
       urges suppliers to continue to develop, produce, and bring to market appropriate, cost competitive, and
       effective mercury-free replacements.

3.2.       Sustainable Products: Vendors are encouraged to provide alternate quotations on wood or paper
       products that are derived from sustainably managed forestlands. Such products must be independently
       third-party certified to acceptable standards. Sustainable-managed forest lands shall be defined as those
       lands enrolled and licensed under one of the following: Sustainable Forestry Initiative Program, the
       American Tree Farm System, the Canadian Standards Association's Sustainable Forest Management
       System Standards, the Finnish Standard, Forest Stewardship Council, Pan-European Forest Certification,
       Swedish Standard, the United Kingdom Woodland Assurance Scheme or other such credible programs as
       they are developed and implemented. Vendors must provide satisfactory documentation of certification
       with their bid.

3.3.      Life Cycle Cost Evaluation: Life cycle cost analysis shall extend beyond the cost of purchasing, to
       include installing, operating, maintaining, durability and disposing of a particular piece of equipment or
       product.

3.4.       Take Back Provisions: It may be preferable to have product or equipment returned to the provider
       at the end of its useful life to provide for environmentally conscientious disposal. If you have a take-back
       program please provide details that include methodology and any costs associated with it. Detail the
       program by addressing each of the following: date the program is or will be in operation, type of
       equipment being taken back or proposed to be taken back, volume of equipment being recycled/disposed
       or proposed, certificates of disposal, disk storage cleaning, take-back charge by type of equipment, and
       compliance with federal or other regulatory authorities regarding disposal. The State of Vermont reserves
       the right to request additional information.

3.5.      Energy Efficiency (Energy Star): State of Vermont Agencies and Departments are directed to
       reduce greenhouse gas emissions from state government buildings and operations (Executive Order # 14-
       03). To improve our energy performance and help the environment by reducing our energy use,
       purchases shall be made only for reduced energy-consuming devices that meet or exceed the Energy Star
       or comparable standards established by the U.S. federal government, where possible, without
       compromising quality or performance. These products use 25 to 50 percent less energy than their
       traditional counterparts. Reduced energy consumption will result in fewer fossil fuels burned and
       greenhouse gas emissions reduced, lessening air pollution. Energy efficient products often have an
       extended product life and decreased maintenance costs, and provide a return on investment due to a
       reduction in energy costs.

3.6.       Design for the Environment: Bidder must describe their environmental program in each of the
       following areas: reduction/minimization/avoidance of use of toxic and hazardous constituents
       (cadmium, chromium, mercury, lead,) compliance with international directives such as the European
       Unions' Directive "Restriction of Hazardous Substances", reduction of chlorinated plastics (PVC) and
       brominated flame retardants, compliance with the European Union's WEEE Directive requiring the
       recycle or reuse of old equipment, certification by independent third party eco-labeling program (TCO,
       Blue Angel, etc.) the use of recyclable, nontoxic packaging.


                                                   Page 6 of 15
   3.7.      Alternative Fuels: Specifications for vehicles and other fuel consuming equipment shall consider not
          only fuel efficiency, but also the type of fuel so as to provide lower emissions of greenhouse gases and
          pollutants.

4. VENDOR RESPONSE CONTENT AND FORMAT: The instructions and format for the
   submission of proposal information are designed to ensure the provision of data considered essential to the
   understanding and comprehensive evaluation of the bidder's proposal. There is no intent to limit the content of the
   proposals, nor in any way to inhibit a presentation in other than the vendor's favor. The vendor may include such
   additional information or data as may be appropriate, or offer alternate solutions but should not exclude any
   portion requested in this document. All proposals should contain the following information.
   4.1.      IDENTITY OF PREPARER(S). A statement identifying individuals who were involved in the
          preparation of the proposal as well as a single point of contact for clarification of information must be
          included.
   4.2.      BACKGROUND AND EXPERIENCE. Provide a full description of the experience you have had
          in use of the technical tool specified, as well as with the goals of this Retail Gasoline Sales Sector Environmental
          Results Project
   4.3.      REFERENCES. Provide the names, addresses, and phone numbers of at least three companies with
          whom you have transacted similar business in the last 12 months. You must include contact names who
          can talk knowledgeably about performance.
   4.4.      NARRATIVE: Provide a point by point narrative that states how they will meet the requirements of
          this Request for Proposal.
   4.5.     ACKNOWLEDGMENT OF TERMS: A statement acknowledging Purchasing and Contract
          Administration Terms and Conditions. (These will be considered when making an award).
   4.6.      PRICING: (Input pricing breakdown sheet)
   4.7.      OFFSHORE OUTSOURCING QUESTIONNAIRE: All bidders are to complete the attached
          questionnaire.
   4.8.     VERMONT TAX CERTIFICATE AND INSURANCE CERTIFICATE: This form must be
          completed and submitted as part of the response for the proposal to be considered valid.
   4.9.       USE OF RECYCLED MATERIALS OR PRODUCTS REPORT: All bidders are to complete the
          attached report on any of the materials or products being quoted.
   4.10.     MERCURY CONTENT CERTIFICATION FORM: Specify the amount of mercury contained in
           any of the materials or products being quoted by completing the attached certification form.
   4.11. POLITICAL SUBDIVISION QUESTIONNAIRE: It is requested that bidders complete, sign and
        return the attached Political Subdivisions Questionnaire regarding their willingness to extend the same
        contract pricing to these entities.
   4.12.     PURCHASING CARD QUESTIONNAIRE: Respond to the purchasing card questions in 3.1 by
           completing the attached questionnaire.




                                                        Page 7 of 15
5. PROPOSAL SUBMISSION:
  5.1.      CLOSING DATE: The closing date for the receipt of proposals is 11:00AM on 3/7/2008. Bid must
         be delivered to:              Bob Hammerl
                                       c/o Agency of Natural Resources
                                       103 South Main Street
                                       Waterbury, VT 05671

          prior to that time. Proposals or unsolicited amendments submitted after that time will not be accepted and
          will be returned to the vendor.
  5.2. The bid opening will be held in the Laundry Building at 103 South Main Street, Waterbury, VT and is open
       to the public. For directions go to: http://www.anr.state.vt.us/site/html/images/WaterburyMap.gif.


  5.3. Submit an original (clearly marked as such) and two (2) copies.


6. SEALED BID INSTRUCTIONS:
  6.1.       All bids must be sealed and must be addressed to
                                                  Bob Hammerl
                                                  c/o Agency of Natural Resources
                                                  103 South Main Street
                                                  Waterbury, VT 05671


  BID ENVELOPES MUST BE CLEARLY MARKED „SEALED BID‟ AND SHOW THE REQUISITION
  NUMBER AND/OR PROPOSAL TITLE, OPENING DATE AND NAME OF BIDDER.

  6.2.       All bidders are hereby notified that sealed bids must be in the office of the Vermont Agency of Natural
             Resource‟s Information Technology Division by the time of the bid opening. Bids not in the Agency‟s
             possession at the time of the bid opening will not be considered, and returned to the vendor.

  6.3.       The Agency may, for cause, change the date and/or time of bid openings or issue an addendum. If a
             change is made, the State will make a reasonable effort to inform all bidders by posting at:
             www.vermontbusinessregistry.com

  6.4.       All bids will be publicly opened. Any interested party may attend bid openings. Bid results may be
             requested in writing and are available once an award has been made.

  6.5.       DELIVERY METHODS:

         6.5.1.       U.S. MAIL: Bidders are cautioned that it is their responsibility to originate the mailing of bids in
                  sufficient time to insure receipt by the Agency prior to the time of the bid opening.

         6.5.2.      EXPRESS DELIVERY: If bids are being sent via an express delivery service, be certain that the
                  RFP designation is clearly shown on the outside of the delivery envelope or box.


                                                       Page 8 of 15
6.5.3.       HAND DELIVERY: Hand carried bids shall be delivered to a representative of the Division
         prior to the bid opening.

6.5.4.      ELECTRONIC: Electronic bids will not be accepted.

6.5.5.       FAX BIDS: Unless otherwise stated, FAXED responses MAY be acceptable. You must contact
         the contract manager and obtain prior approval. If approval is received, the FAX must be prefixed
         with the “SEALED BID”. Bidders are cautioned that if a FAXED response is approved it is their
         responsibility to originate the message in sufficient time to insure receipt by the Agency prior to the
         time of the bid opening. All relevant pages must be printed and in the possession of the division
         prior to the date and time of the bid opening or the bid will not be considered. FAXED bidders are
         cautioned that bids submitted by the FAX method may be compromised prior to the time of the
         sealed bid opening. FAXED information is accessible when transmitted and confidentiality cannot
         be guaranteed. A FAXED transmission must be followed by the submission of all material by mail.




                                             Page 9 of 15
                                                                                                              DATE: (DATE)

                                         REQUEST FOR PROPOSAL
                           Retail Gasoline Sales Sector Environmental Results Project

Address

This form must be completed and submitted as part of the response for the proposal to be considered valid.

The undersigned agrees to furnish the products or services listed at the prices quoted and, unless otherwise stated by the vendor,
the Terms of Sales are Net 30 days from receipt of service or invoice, whichever is later. Percentage discounts may be offered for
prompt payments of invoices; however, such discounts must be in effect for a period of 30 days or more in order to be considered
in making awards.

VERMONT TAX CERTIFICATE AND INSURANCE CERTIFICATE

To meet the requirements of Vermont Statute 32 V.S.A. subsection 3113, by law, no agency of the State may enter into extend or
renew any contract for the provision of goods, services or real estate space with any person unless such person first certifies,
under the pains and penalties of perjury, that he or she is in good standing with the Department of Taxes. A person is in good
standing if no taxes are due, if the liability for any tax that may be due is on appeal, or if the person is in compliance with a
payment plan approved by the Commissioner of Taxes, 32 V.S.A. subsection 3113. In signing this bid, the bidder certifies under
the pains and penalties of perjury that the company/individual is in good standing with respect to, or in full compliance with a
plan to pay, any and all taxes due to the State of Vermont as of the date this statement is made.

Bidder further certifies that the company/individual is in compliance with the State’s insurance requirements as detailed in
section 21 of the Purchasing and Contract Administration Terms and Conditions. All necessary certificates must be received
prior to issuance of Purchase Order. If the certificate of insurance is not received by the Division of Purchasing and Contract
Administration within five (5) days, the State of Vermont reserves the right to select another vendor. Please reference this RFQ#
when submitting the certificate of insurance.


Insurance Certificate: Attached ______ Will provide upon notification of award:             (within 5 days)

Delivery Offered _____ Days After Notice of Award                        Terms of Sale ______________________

Quotation Valid for ________ Days                                        Date: _____________________________

Name of Company: __________________________                              Telephone Number: _________________

Fed ID or SS Number: ________________________                            Fax Number: ______________________


By: _______________________________________                              Name: ____________________________
        Signature (Bid Not Valid Unless Signed)                          (Type or Print)


This is NOT AN ORDER

All returned quotes and related documents must be identified with our request for quote number.




                                                        Page 10 of 15
                                    STANDARD STATE CONTRACT PROVISIONS
                                                JULY 1, 2006


1.   Entire Agreement: This contract represents the entire agreement between the parties on the subject matter. All prior
     agreements, representations, statements, negotiations, and understandings shall have no effect.
2.   Applicable Law: This contract will be governed by the laws of the State of Vermont.
3.   Appropriations: If this contract extends into more than one fiscal year of the State (July 1 to June 30), and if
     appropriations are insufficient to support this contract, the State may cancel at the end of the fiscal year, or otherwise upon
     the expiration of existing appropriation authority.
4.   No Employee Benefits For Contractor: The contractor understands that the State will not provide any individual
     retirement benefits, group life insurance, group health and dental insurance, vacation and sick leave, workers compensation
     or other benefits or services available to State employees, nor will the state withhold any state or federal taxes except as
     required under applicable tax laws, which shall be determined in advance of execution of the contract. The Contractor
     understands that all tax returns required by the Internal Revenue Code and the State of Vermont, including, but not limited
     to income, withholding, sales and use, and rooms and meals, must be filed by the contractor, and information as to contract
     income will be provided by the State of Vermont to the Internal Revenue Service and the Vermont Department of Taxes.
5.   Independence, Liability: The Contractor will act in an independent capacity and not as officers or employees of the
     State. The contractor shall indemnify, defend and hold harmless the State and its officers and employees from liability and
     any claims, suits, judgments, and damages arising as a result of the Contractor’s acts and/or omissions in the performance
     of this contract.
6.   Insurance: Before commencing work on this contract the contractor must provide certificates of insurance to show that
     the following minimum coverages are in effect. It is the responsibility of the contractor to maintain current certificates of
     insurance on file with the state through the term of the contract.
     Workers Compensation: With respect to all operations performed, the contractor shall carry workers compensation
     insurance in accordance with the laws of the State of Vermont.
     General Liability and Property Damage: With respect to all operations performed under the contract, the contractor shall
     carry general liability insurance having all major divisions of coverage including, but not limited to:
          Premises - Operations
          Independent Contractors’ Protective
          Products and completed Operations
          Personal Injury Liability
          Contractual Liability
     The policy shall be on an occurrence form and limits shall not be less than:
          $1,000,000 Per Occurrence
          $1,000,000 General Aggregate
          $1,000,000 Products / completed products aggregate
          $50,000 Fire Legal Liability
     Automotive Liability: The contractor shall carry automotive liability insurance covering all motor vehicles, no matter the
     ownership status, used in connection with the contract. Limits of coverage shall not be less than: $1,000,000 Combined
     single limit.
     No warranty is made that the coverages and limits listed herein are adequate to cover and protect the interests of the
     contractor for the contractor’s operations. These are solely minimums that have been set to protect the interests of the
     state.
7.   Reliance By the State on Representations: All payments by the State under this contract will be made in reliance
     upon the accuracy of all prior representations by the contractor, including but not limited to bills, invoices, progress reports
     and other proofs of work.
8.   Records Available for Audit: The Contractor will maintain all books, documents, payroll papers, accounting records
     and other evidence pertaining to costs incurred under this agreement and make them available at reasonable times during
     the period of the contract and for three years thereafter for inspection by any authorized representatives of the State or
     Federal Government. If any litigation, claim, or audit is started before the expiration of the three year period, the records
     shall be retained until all litigation, claims or audit findings involving the records have been resolved. The State, by any
     authorized representative, shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or
     being performed under this contract.
9.   Fair Employment Practices and Americans with Disabilities Act: Contractor agrees to comply with the
     requirement of Title 21 V.S.A. Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable.
     Contractor shall also ensure, to the full extent required by the Americans with Disabilities Act of 1990, that qualified
     individuals with disabilities receive equitable access to the services, programs, and activities provided by the Contractor
     under this contract. Contractor further agrees to include this provision in all subcontracts.
10. Set Off: The State may set off any sums which the Contractor owes the State against any sums due the Contractor under
    this contract; provided, however, that any set off of amounts due the State of Vermont as taxes shall be in accordance with
                                                          Page 11 of 15
      the procedures more specifically provided hereinafter.
11. Taxes Due To The State:
      a.   Contractor understands and acknowledges responsibility, if applicable, for compliance with State tax laws, including
           income tax withholding for employees performing services within the State, payment of use tax on property used within
           the State, corporate and/or personal income tax on income earned within the State.
      b.   Contractor certifies under the pains and penalties of perjury that, as of the date the contract is signed, the Contractor is
           in good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the State of Vermont.
      c.   Contractor understands that final payment under this contract may be withheld if the Commissioner of Taxes
           determines that the Contractor is not in good standing with respect to or in full compliance with a plan to pay any and
           all taxes due to the State of Vermont.
      d.   Contractor also understands the State may set off taxes (and related penalties, interest and fees) due to the State of
           Vermont, but only if the Contractor has failed to make an appeal within the time allowed by law, or an appeal has been
           taken and finally determined and the Contractor has no further legal recourse to contest the amounts due.
12. Child Support: (Applicable if the Contractor is a natural person, not a corporation or partnership.) Contractor states that,
    as of the date the contract is signed, he/she:
      a.   is not under any obligation to pay child support; or
      b.   is under such an obligation and is in good standing with respect to that obligation; or
      c.   has agreed to a payment plan with the Vermont Office of Child Support Services and is in full compliance with that
           plan.
      Contractor makes this statement with regard to support owed to any and all children residing in Vermont. In addition, if the
      Contractor is a resident of Vermont, Contractor makes this statement with regard to support owed to any and all children
      residing in any other state or territory of the United States.
13. Subcontractors: Contractor shall not assign or subcontract the performance of this agreement or any portion thereof to
    any other contractor without the prior written approval of the State. Contractor also agrees to include in all subcontract
    agreements a tax certification in accordance with paragraph 11 above.
14. No Gifts or Gratuities: Contractor shall not give title or possession of any thing of substantial value (including property,
    currency, travel and/or education programs) to any officer or employee of the State during the term of this contract.
15.   Copies: All written reports prepared under this contract will be printed using both sides of the paper.
16. Certification Regarding Debarment: Contractor certifies under pains and penalties of perjury that, as of the date that
    this contract is signed, neither contractor nor contractor’s principals (officers, directors, owners, or partners) are presently
    debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in federal programs or
    programs supported in whole or in part by federal funds.
17. Suspension and Debarment: Non-federal entities are prohibited by Federal Executive Orders 12549 and 12689 from
    contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose
    principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or
    in excess of $100,000 and non-procurement transaction (contracts to Contractors). By signing this Contract Agreement,
    current Contractor certifies as applicable, that the contracting organization and its principals are not suspended or debarred
    by GSA from federal procurement and non-procurement programs.




                                                           Page 12 of 15
                USE OF RECYCLED MATERIALS OR PRODUCTS REPORT
                                 November 1, 2004

 The Commissioner, in his/her discretion, may spend up to five percent more for comparable products that
are made of recycled materials. If products made of recycled materials are to cost more than five percent
more than comparable products, the Commissioner shall receive consent of State entities that are to use the
product, before completing the order for the materials in question.

All bidders are to complete the following information in reference to each item being quoted.
Additional pages may be used if necessary.


                                                             % of
Item #         Brand/Manufacturer                     Recycled Content       % Post-Consumer Content




Name of Bidder:


Signature of Bidder:


Date:




                                               Page 13 of 15
                       MERCURY CONTENT CERTIFICATION FORM
                                                  February 3, 2003


MERCURY STATEMENT: The State of Vermont is committed to minimizing the amount of mercury
utilized in its operations, and desires to eliminate the purchase of products that contain mercury whenever
feasible alternatives exist at a reasonable cost and comparable performance. Where mercury-free alternative
products do not exist, preference will be given to the purchase of products with the lowest (documented)
total mercury content feasible and products that bear a mercury content warning label as required of product
manufacturers under Vermont law, Executive Order #03-02.

The State of Vermont urges suppliers to continue to develop, produce, and bring to market appropriate, cost
competitive, and effective mercury-free replacements.

                            MERCURY CONTENT CERTIFICATION

The undersigned hereby certifies that none of the items quoted in this RFQ/RFP and any contract issued as a result
contain mercury except as identified below. Bidders shall also specify the amount of mercury contained in any of the
products listed below. Additional pages may be used if necessary.

        ITEM                                      PART NUMBER                      MERCURY CONTENT

1). ______________________                        _______________                    _____________

2). ______________________                        _______________                    _____________

3). ______________________                        _______________                    _____________

4). ______________________                        _______________                    _____________

5). ______________________                        _______________                    _____________



Name of Bidder:


Signature of Bidder:


Date:




                                                   Page 14 of 15
Offshore Outsourcing Questionnaire INSERT HERE




                           Page 15 of 15

				
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