invitation for bid sealed bid - … · invitation for bid sealed bid ... at 2:00 pm local time ......

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INVITATION FOR BID Sealed Bid BOARD OF TRUSTEES OF WESTERN ILLINOIS UNIVERSITY ____________________________________________________________________________________ Purchasing Office 227 Sherman Hall Macomb, IL 61455 309/298-1819 FAX 309/298-1927 Company: Address: BID NUMBER: R259751r PROJECT NAME: Software Maintenance (rebid) DATE OF BID OPENING: May 28, 2014 at 2:00 pm local time Sealed bids for this project will be received in the Purchasing Office, Western Illinois University, Sherman Hall, Room 227, Macomb, Illinois 61455 until the date and time of the opening as specified above, at which time they will be opened publicly and read aloud. The public opening and reading of bids is for informational purposes only and is not to be construed as acceptance or rejection of any of the bids submitted. Bid awards will be posted on the Higher Education Procurement Bulletin at www.procure.stateuniv.state.il.us. This project will be governed in accordance with the Illinois Procurement Code and the Higher Education Procurement Rules. BIDS MUST BE TYPEWRITTEN OR WRITTEN IN INK. ALL BIDS MUST BE SIGNED AND THE SIGNATURE MUST BE IN INK. BIDS COMPLETED IN PENCIL WILL BE REJECTED. BIDS MUST BE COMPLETED ON THE FORM PROVIDED BY THE UNIVERSITY. The Board of Trustees of Western Illinois University reserves the right to reject any part or all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the Board. Bidders shall be responsible for the actual delivery of bids during business hours to the designated location. It shall not be sufficient to show that the bid was mailed in time to be received before the scheduled closing time for receipt of bids. If a bidder submits a sealed bid in any envelope that does not identify the contents as a sealed bid, the bid will be returned to the bidder as rejected. It is the bidder’s responsibility to make certain the envelope can be identified, as illustrated on the last page of this document. This includes the packages used by delivery companies such as Federal Express, Airborne Express, etc. Any bidder may withdraw or modify his bid at any time prior to the scheduled closing time for receipt of bids. Only FAX messages, letters or other written requests for modifications or corrections of a previously submitted bid which are addressed in the same manner as bids, and are received in full by the University prior to the scheduled closing time for receipt of bids will be accepted and the bid corrected in accordance with such written request. Oral or telephonic modifications or corrections will not be recognized or considered. Requests for modifications or corrections will not be accepted after the scheduled closing time for receipt of bids. In addition, the University will accept bids transmitted in full by FAX (309/298-1927). The Bidder remains responsible for ensuring that its Bid is received at the time, date, place and office specified. The University assumes no responsibility for any bid not so received, regardless of whether the delay is caused by the U.S. Postal Service, the University Postal Delivery System, or some other act or

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Page 1: INVITATION FOR BID Sealed Bid - … · INVITATION FOR BID Sealed Bid ... at 2:00 pm local time ... for modifications or corrections of a previously submitted bid which are addressed

INVITATION FOR BID Sealed Bid BOARD OF TRUSTEES OF WESTERN ILLINOIS UNIVERSITY ____________________________________________________________________________________ Purchasing Office 227 Sherman Hall Macomb, IL 61455 309/298-1819 FAX 309/298-1927

Company:

Address:

BID NUMBER: R259751r PROJECT NAME: Software Maintenance (rebid) DATE OF BID OPENING: May 28, 2014 at 2:00 pm local time Sealed bids for this project will be received in the Purchasing Office, Western Illinois University, Sherman Hall, Room 227, Macomb, Illinois 61455 until the date and time of the opening as specified above, at which time they will be opened publicly and read aloud. The public opening and reading of bids is for informational purposes only and is not to be construed as acceptance or rejection of any of the bids submitted. Bid awards will be posted on the Higher Education Procurement Bulletin at www.procure.stateuniv.state.il.us. This project will be governed in accordance with the Illinois Procurement Code and the Higher Education Procurement Rules. BIDS MUST BE TYPEWRITTEN OR WRITTEN IN INK. ALL BIDS MUST BE SIGNED AND THE SIGNATURE MUST BE IN INK. BIDS COMPLETED IN PENCIL WILL BE REJECTED. BIDS MUST BE COMPLETED ON THE FORM PROVIDED BY THE UNIVERSITY. The Board of Trustees of Western Illinois University reserves the right to reject any part or all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the Board. Bidders shall be responsible for the actual delivery of bids during business hours to the designated location. It shall not be sufficient to show that the bid was mailed in time to be received before the scheduled closing time for receipt of bids. If a bidder submits a sealed bid in any envelope that does not identify the contents as a sealed bid, the bid will be returned to the bidder as rejected. It is the bidder’s responsibility to make certain the envelope can be identified, as illustrated on the last page of this document. This includes the packages used by delivery companies such as Federal Express, Airborne Express, etc. Any bidder may withdraw or modify his bid at any time prior to the scheduled closing time for receipt of bids. Only FAX messages, letters or other written requests for modifications or corrections of a previously submitted bid which are addressed in the same manner as bids, and are received in full by the University prior to the scheduled closing time for receipt of bids will be accepted and the bid corrected in accordance with such written request. Oral or telephonic modifications or corrections will not be recognized or considered. Requests for modifications or corrections will not be accepted after the scheduled closing time for receipt of bids. In addition, the University will accept bids transmitted in full by FAX (309/298-1927). The Bidder remains responsible for ensuring that its Bid is received at the time, date, place and office specified. The University assumes no responsibility for any bid not so received, regardless of whether the delay is caused by the U.S. Postal Service, the University Postal Delivery System, or some other act or

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R259751r-Software Maintenance (rebid)/ May 13, 2014 2 of 23 Bidder: ____________________________

circumstance. The University prefers deliveries FOB University Dock. If otherwise stated, the bidder must show the freight cost in the total bid price. The University makes every attempt to award orders on an overall low bid basis. However, the right is reserved to award a contract to multiple vendors. If a multiple award is not acceptable to a bidder, it must be so stated in the bid submitted. The University also reserves the right to increase, decrease, or delete items at the quoted price in order to stay within the project budget. The price(s) of each bid must be kept firm for a period of sixty (60) days. If no bid is to be submitted, please complete and return the "No Bid Reply Form" to the Purchasing Office, Western Illinois University. See Appendix I. All bidders must furnish their Illinois Human Rights number in the space provided on the Bid Proposal. No person or company shall be eligible to be awarded a contract subject to the competitive bidding requirements of the Illinois Procurement Code (30 ILCS 500., as hereafter amended) unless such person or company has filed with the Department of Human Rights a properly completed and sworn Employer Report Form (Form PC-1) which is currently valid. Forms may be obtained from the Illinois Department of Human Rights - phone 312/814-6200 or downloaded from their home page at http://www.state.il.us/dhr. (Important Information for Vendors: Vendors must have a current Illinois Department of Human Rights (IDHR) Bidder Eligibility Number to be eligible for award of public contracts. All IDHR numbers 89999-00-0 or lower expired on August 31, 1999. If you do not currently have a number or your number is 89999-00-0 or lower, you must register or re-register in order to remain eligible.) See Appendix IV. Delivery and/or completion of this contract after receipt of order must be no later than the project completion date, if stated above. Bid documents, specifications, and additional information may be found at http:/www.procure.stateuniv.state.il.us. Protest Review Office: Vendors may submit a written protest to the Protest Review Office following the requirements of the Higher Education Standard Procurement Rules 44 ILL. ADMIN. CODE 4.5550. For protests related to specifications, the Protest Review Office must physically receive the protest no later than 14 days after the solicitation or related addendum was posted to the Bulletin. For protests related to rejection of individual proposals or awards, the protest must be received by close of business no later than 14 days after the protesting party knows or should have known of the facts giving rise to the protest. The Protest Review Office’s information is as follows: Chief Procurement Office Phone: (217) 558-3724 Attn: Protest Review Office Facsimile: (217) 558-2164 Suite 513 Stratton Office Building 401 South Spring Street Illinois Relay: (800) 526-0844 Springfield, IL 62706 If the protest is submitted via email, it must be sent to both of the following email addresses: [email protected] [email protected] For more information, contact the Purchasing Office at 309/298-1819 or Sherman Hall 227, Macomb, IL 61455.

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R259751r-Software Maintenance (rebid)/ May 13, 2014 3 of 23 Bidder: ____________________________

BID PRICING

BID NO.: R259751r PROJECT NAME: Software Maintenance (rebid) The Undersigned has read and understands all of the documents comprising the bid documents and any and all related addenda for this project and does hereby submit the following bid:

DESCRIPTION QTY UNIT COST

based on current z/OS v1.13

UNIT COST based on upgrade

to z/OS v2.1

Annual software maintenance for the following IBM software for a z114 mainframe for Western Illinois University, Macomb, IL, for the period of July 1, 2014 through June 30, 2015. WIU uses sub-capacity pricing. However, for the purposes of this bid, quotes should be based on 100% capacity (30 MSU). Pricing should also include the IBM educational discount. WIU’s current operating system is z/OS v1.13 but an upgrade to the latest release, z/OS v2.1, is being considered. Please provide pricing for both the current operating system and the possible upgrade. * denotes possible upgrade to the next product version (only applies to upgraded operating system)

z/OS Middleware Products and DB2 S&S Products:

DB2 UDB for z/OS v10, SWO #5605-DB2, SER #W000139 1 yr $ /mo $ /mo

QMF Classic Edition for z/OS v10 (feature of DB2), SWO #5605-DB2, SER #W000139 1 yr $ /mo $ /mo

SDF-II, SWO #5665-366, SER #DQ996 1 yr $ /mo $ /mo

Enterprise COBOL v4, SWO#5655-S71, SER #W0003GZ 1 yr $ /mo $ /mo

*Enterprise COBOL v5.1, SWO #5655-W32 1 yr NA $ /mo

CICS TS for z/OS v4.2, SWO #5655-S97 1 yr $ /mo $ /mo

*CICS TS for z/OS v5.2, SWO #5655-Y04 1 yr NA $ /mo

PSF v4 for z/OS, SWO #5655-M32, SER #W0001H6 1 yr $ /mo $ /mo

CL Supersession for z/OS S&S, SWO #5655-P06 1 yr $ /mo $ /mo

DB2 Log Analyzer S&S, SWO #5655-E86 1 yr $ /mo $ /mo

DB2 Utilities Suite S&S, SWO #5648-D68 1 yr $ /mo $ /mo

z/VM Subscription and Support, SWO #5741-SNS 1 yr $ /mo $ /mo

Performance Toolkit for z/VM, SWO #5741-SNS 1 yr $ /mo $ /mo

SoftwarExcel Basic Edition 1 yr $ /mo $ /mo

EGO Software for z/OS operating system products L02: z/OS V1 Base, SWO #5694-A01, SER #B007K 1 yr $ /mo $ /mo

C/C++ without Debug, SWO #5694-A01, SER #B007K 1 yr $ /mo $ /mo

RMF, SWO #5694-A01, SER #B007K 1 yr $ /mo $ /mo

SDSF, SWO #5694-A01, SER #B007K 1 yr $ /mo $ /mo

Security Server, SWO #5694-A01, SER #B007K 1 yr $ /mo $ /mo

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R259751r-Software Maintenance (rebid)/ May 13, 2014 4 of 23 Bidder: ____________________________

DESCRIPTION QTY UNIT COST

based on current z/OS v1.13

UNIT COST based on upgrade

to z/OS v2.1

DFSMS dsshsm, SWO #5694-A01, SER #B007K 1 yr $ /mo $ /mo

DFSORT, SWO #5694-A01, SER #B007K 1 yr $ /mo $ /mo

TOTAL: $ /mo $ /mo

TERMS AND CONDITIONS CRITERIA FOR AWARD: The award of a contract/purchase order will be made to the lowest bidder, considering price, discounts offered, transportation costs, installation costs, responsibility and capability of the bidder, availability of funds and all other relevant factors, provided the bid meets the specifications and other requirements of the bid information. SPECIFICATIONS/ALTERNATES: Any brand names mentioned in the bid documents are used for the purpose of describing the standard of quality, performance and characteristics desired and are not intended to limit or restrict competition. Any substitution to the items as specified must be an equal. “Or equal” submissions will not be rejected because of minor differences in design, construction or features that do not affect the suitability of the product for its intended use. The burden of proof that the product is equal rests with the bidder. A bidder may propose substitutions with their bid by listing the product substitution(s) in the bid form. The University will recommend approval or rejection prior to award of contract. Bidders offering substitutions must furnish at the time of the bid opening complete descriptions, pictures or drawings and specifications of the product(s). See Appendix II. PREVAILING WAGES: In accordance with the Illinois Prevailing Wage Act, 820 ILCS 130.01, (et seq “The Act”), The Act requires contractors and subcontractors to pay laborers, workers, and mechanics performing services on public works projects no less than the “prevailing rate of wages” in the county where the work is performed. Bidders interested in submitting a bid for such projects must contact the Illinois Department of Labor for the current prevailing wage rate or refer to http://www.state.il.us/agency/idol/rates/rates.html. All contractors and subcontractors rendering services under this contract must comply with all the requirements of the Act, including but not limited to, all wage, notice and record keeping duties. In accordance with the Illinois Prevailing Wage Act, Bidder certifies that employees involved in printing receives the prevailing wage rate and is working under conditions prevalent in the locality where printing is taking place. Bidders interested in submitting a bid for such projects must contact the Illinois Department of Labor for the current prevailing wage rate. For printing projects, the bidder certifies soybean oil-based ink is being used to produce this publication. PAYMENT TERM: The University’s usual and customary terms are “NET 30”. Unless other terms are expressed in your bid response, these terms shall apply to any order issued from this Request for Bid. No late charges will be paid by the University. NON-APPROPRIATION CLAUSE: Any ensuing contract as a result of this bid is subject to termination and cancellation without any penalty, accelerated payment, or other recoupment mechanism as provided herein in any fiscal year for which the Illinois General Assembly fails to make an appropriation to make payments under the terms of this contract. In the event of termination for lack of appropriation, the Contractor shall be paid for services performed under this Contract up to the effective date of termination. TERMINATION FOR CONVENIENCE: The University may, for its convenience and with 30 days prior written notice to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor. The Vendor shall be entitled to compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this contract up to and including the date of termination. EXCEPTIONS AND ALTERNATE OFFERS: The bidder will clearly state on this response any exceptions or deviations from or additions to any of the listed specifications, terms and conditions; otherwise, the respondent will be held responsible for compliance in detail with the specifications as listed in this bid. List all exceptions on Appendix II. Exceptions must refer to item or item number or topic and page. MODIFICATION OF ORIGINAL DOCUMENTS: The Vendor certifies that they have not altered or modified the original content of the University bid specifications, or the associated documents including original drawings or graphics. Bidder understands that failure to comply with the requirement may result in the offer being disqualified and, if determined to be a deliberate attempt to misrepresent the offer, may be considered sufficient basis to suspend or debar the violating party from consideration for future contract

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R259751r-Software Maintenance (rebid)/ May 13, 2014 5 of 23 Bidder: ____________________________

awards. Vendors’ exceptions to bid specifications are to be explained in Appendix II. The award of a contract/purchase order will be made in accordance with the State of Illinois Procurement Code and related Administrative Rules. ASSIGNMENT: Contracts between University and Contractor may not be assigned to any other party without prior written approval for both parties.

CERTIFICATIONS IMPORTANT NOTE: All resulting contracts issued against this bid will have required terms to provide full compliance with Illinois Public Act 96-0795, http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=096-0795. These terms will apply to the awarded contractor and their subcontractors and include but are not limited to disclosure of financial interests, annual certifications and filing of subcontracts Contractors will include these terms in any subcontract and acknowledges that the State may declare any resultant contract void without penalty or obligation to pay additional compensation if any certifications are false or if a contract has been made in violation of the Procurement Code or other law. If this is a multi-year contract, including the initial term and all optional renewals, contractor shall reconfirm compliance with the certification by July 1 of each year that the contract remains in effect. All subcontractors shall reconfirm compliance. SUBCONTRACTORS: Contractor must indicate use of subcontractors. The Certification and Subcontractor certification and listing is located in Appendix IX. Any subcontract must contain the required certifications and disclosures. (30 ILCS 500/20-120) VENDOR LEGAL AUTHORIZATION/REGISTRATION WITH IL SECRETARY OF STATE: Contractor certifies it is a properly formed and existing legal entity (30 ILCS 500/1.15.80, 20-43); and as applicable has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State (http://www.cyberdriveillinois.com/home.html). Vendor/Bidders may qualify to submit bids or proposals to state universities of Illinois only if they are a legal entity authorized to do business in Illinois prior to submitting the bid, offer or proposal. This applies to both in-state and out-of-state firms. A Vendor/Bidder must be: 1. a legal entity 2. registered to conduct business in Illinois 3. in good standing with the Illinois Secretary of State Specific information regarding compliance can be obtained from (30 ILCS 500/1.15.80, 20-43). Please contact the Illinois Secretary of State for additional information.

In-State Firms: Corporations (Corp); Limited Liability Companies (LLC); Limited Partnerships (LP); Limited Liability Limited Partnerships (LLLP) - Please contact the Illinois Secretary of State for further information.

Sole Proprietorships: If the firm’s name is the same as the sole proprietor’s name, nothing is required. Out-of-State Firms: All Out-of-State Firms - A foreign vendor is defined as any vendor who has not incorporated within

the State of Illinois. A Guide for Qualifying Foreign Corporations, published by the Secretary of State, will answer your questions on how to qualify your Corporation/LLC to do business in Illinois. Please direct your questions to the Illinois Secretary of State.

STATE BOARD OF ELECTIONS CERTIFICATION REQUIRED (30 ILCS 500/20-160) Any firm or individual who wishes to submit a bid or proposal in response to this solicitation must make the certification below. If you do not make the certification below (and attach a copy of the certificate of registration from the State Board of Elections, if required), your bid or proposal may not be accepted by the University. Note: If you do $50,000 worth of business annually with the State of Illinois, including the state universities, you are required to register with the State Board of Elections and obtain from them a certificate confirming your registration. Responses to Invitations for Bid, Requests for Proposals, Requests for Information, and all other types of procurement solicitations are included in the calculation of this $50,000 annual amount, whether you receive a resulting award or not. If you do less than $50,000 worth of business annually, you may be exempt from the registration requirement. Please refer to the State Board of Elections website (www.elections.il.gov) for more specific information on whether you are required to register or not.

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R259751r-Software Maintenance (rebid)/ May 13, 2014 6 of 23 Bidder: ____________________________

CERTIFICATION: You must check the box that applies to you: The bidder certifies that:

□ it is not required to register as a business entity with the State Board of Elections pursuant to Section 20-160 of the Procurement Code; or

□ it has registered as a business entity with the State Board of Elections pursuant to Section 20-160 of the Procurement Code; it has provided a copy of its Certificate of Registration with its response to this solicitation; and it acknowledges a

continuing duty to update its registration. See Appendix III The bidder also acknowledges that any contracts entered into with bidder are voidable by the University if bidder fails to comply with

the requirements of Section 20-160 of the Procurement Code. **Reminder**

□ Unless you are currently exempt from registering under Box #1 above, you are required to provide a copy of your certificate of registration with your bid or proposal. Before submitting your bid or proposal, check here to confirm that a copy of your certificate of registration is attached. See Appendix III

ILLINOIS INFORMATION TECHNOLOGY ACCESSIBILITY ACT: As required by Illinois statute (30 ILCS 587) all information technology including electronic information, software, systems and equipment developed or provided under this bid document/contract must comply with the applicable requirements of the Illinois Information Technology Accessibility Act Standards as posted at http://www.dhs.state.il.us/iitaa. LEAD POISONING: Pursuant to 30 ILCS 500/50-14.5, if Contractor is the owner of residential rental property in Illinois, Contractor certifies that it has not committed a willful or knowing violation of the Illinois Lead Poisoning Prevention Act that has not been mitigated. SUCCESSOR VENDOR CLAUSE: As provided in 30 ILCS 500/25-80 of the Illinois Procurement Code, in order to be considered “responsible” under the Code any successor company to the winning bidder or offeror on a service contract (except for heating and air conditioning, plumbing, or electrical services) must certify to the University that it shall offer to assume the collective bargaining obligations of the prior employer relative to the services covered by the contract and shall offer employment to all employees of the prior employer who perform work similar to that covered by the contract. CONVICTION OF A FELONY: The Contractor certifies that it is not barred from being awarded a contract under 30 ILCS 500/50-10. Section 50-10 prohibits a contractor from entering into a contract with a State agency if the contractor has been convicted of a felony and five years have not passed from the completion of the sentence for that felony. The contractor further acknowledges that the chief procurement officer may declare the related contract void if this certification is false. PROHIBITED BIDDERS AND CONTRACTORS: 30 ILCS 500/50-10.5(b). The contractor certifies that it is not barred from being awarded a contract under 30 ILCS 500/50-10.5. Section 50-10.5 prohibits a contractor from entering into a contract with a State agency if the contractor, or any officer, director, partner, or other managerial agent of contractor, has been convicted within the last 5 years of a felony under the Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953 or if the contractor is in violation of Subsection (e). The contractor further acknowledges that the chief procurement officer shall declare the related contract void if this certification is false. ENVIRONMENTAL PROTECTION ACT: The contractor certifies that it is not barred from being awarded a contractor under 30 ILCS 500/50-14. Section 50-14 prohibits a contractor from entering into a contract with a State agency if the contractor has been found by a court or the Pollution Control Board to have committed a willful or knowing violation of the Environmental Protection Act within the last 5 years. The contractor further acknowledges that the contracting State agency may declare the related contract void if this certification is false. DEBT DELINQUENCY: The Contractor certifies that it, or any affiliate, is not barred from being awarded a contract under Section 30 ILCS 500/50-11 of the Illinois Procurement Code, as amended. Section 50-11 prohibits any bidder from submitting a bid or entering into a contract with a State agency if that bidder knows or should have known that it, or any affiliate, is delinquent in the payment of any debt to the State as defined by the Debt Collection Board. Section 50-12 prohibits a person from entering into a contract with a State agency if it, or any affiliate, has failed to collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with the provisions of the Illinois Use Tax Act. The contractor further acknowledges that the contracting State

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R259751r-Software Maintenance (rebid)/ May 13, 2014 7 of 23 Bidder: ____________________________

agency may declare the contract void if this certification is false or if the contractor, or any affiliate, is determined to be delinquent in the payment of any debt to the State during the term of the contract. EDUCATIONAL LOAN DEFAULT: If an individual, sole proprietorship or a LLC, the contractor certifies that it is not in default on an educational loan as provided in 5 Illinois Compiled Statutes 385/3. BID RIGGING/ROTATING: The bidder certifies that is has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961. (720 ILCS 5/33) BRIBERY: The contractor certifies that it is not barred from being awarded a contract under 30 ILCS 500/50-5. Section 50-5 0 prohibits a contractor from entering into a contract with a State agency if the contractor has been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, or if the contractor has made an admission of guilt of such conduct which is a matter of record. The contractor further acknowledges that the chief procurement officer may declare the related contract void if this certification is false. If contractor has been convicted of a felony, at least five years have passed after the date of completion of the sentence for each felony, unless no person held responsible by a prosecutor’s office for the facts upon which the conviction was based continues to have any involvement with the business (30 ILCS 500/50-10). Contractor certifies that it has not paid any money or valuable thing to induce any person to refrain from bidding on a State contract, nor has contractor accepted any money or other valuable thing, or acted upon the promise of same, for not bidding on a State contract (30 ILCS 500/50-25). REVOLVING DOOR: Contractor certifies that it is not in violation of the “Revolving Door” section of the Illinois Procurement Code (30 ILCS 500/50-30). COLLUSION: Contractor will report to the Illinois Attorney General and the Chief Procurement Officer any suspected collusion or other anti-competitive practice among any bidders, offerors, contractors, proposers or employees of the State (30 ILCS 500/50-40, 50-45, 50-50). PROHIBITED POLITICAL CONTRIBUTION: Contractor (as “business entity” under 30 ILCS 500/50-37) certifies that it will not make a prohibited political contribution. DRUG FREE WORKPLACE: The contractor (whether an individual or company) agrees to provide a drug free workplace pursuant to 30 ILCS 580. The Drug Free Workplace Act prohibits a State agency from entering into a contract agreement unless the contractor has provided a certification that it will provide a drug free workplace. This is required of all corporations, partnerships and other entities with 25 or more employees or this contract is worth more than $5,000. Drug Free Workplace Act requires the following certification for Individuals - The individual certifies that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. CONFLICT OF INTEREST: Check one

❑ The Contractor certifies that it is neither an employee of Western Illinois University nor the spouse or child of an employee of Western Illinois University.

❑ The Contractor certifies that it is an employee of Western Illinois University or the spouse or child of an employee of Western Illinois University. Relationship/Please indicate individual, relationship and department involved:

________________________________________________________________________________

________________________________________________________________________________ RECORD RETENTION AND AUDITS: Illinois Statute (30 ILCS 500/20-65) - Contractor agrees to maintain books and records related to the performance of the contract and necessary to support amounts charged to the State under the contract for a minimum of three years from the last action on the contract. Contractor further agrees to cooperate fully with any audit and to make the books and records available to the Auditor General, chief procurement officer, internal auditor and the purchasing agency.

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R259751r-Software Maintenance (rebid)/ May 13, 2014 8 of 23 Bidder: ____________________________

INTERNATIONAL BOYCOTT: For contracts exceeding $10,000 the contractor certifies that neither it nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. (30 ILCS 582) NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY: The Contractor, its employees and subcontractors agrees to comply with applicable provisions of the Illinois Human Rights Act (775 ILCS 5), the U.S. Civil Rights Act, the American with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled “Equal Employment Opportunity”, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this order. ILLINOIS USE TAX: The contractor certifies that it is not barred from being awarded a contract under 30 ILCS 500/50-12. Section 50-12 prohibits a contractor from entering into a contract with a State agency if the contractor, or any affiliate, has failed to collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with the provisions of the Illinois Use Tax Act. The contractor further acknowledges that the chief procurement officer may declare the related contract void if this certification is false. MOST FAVORED CUSTOMER: Prices for commodities and/or services furnished on this order shall not exceed those charged to your most favored customer for like commodities and/or services under similar circumstances. TAX PAYER CERTIFICATION: Under penalties of perjury, the Proposer certifies that its Federal Tax Payer Identification Number or Social Security Number is __________________________ and is doing business as a (check one):

Individual Real Estate Agent

Sole Proprietorship Government Entity

Partnership Tax Exempt Organization (IRC 501(a) only)

Corporation Not for Profit Corporation

Trust or Estate Medical and Health Care Service Provider Corporation

Under penalties of perjury, I certify that 1) The number shown is my correct taxpayer identification number 2) I am not subject to backup withholding because (a) I am exempt from backup withholding or (b) I have not been notified by the Internal Revenue Services (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding and 3) I am a U.S. person (including a U.S. resident alien). PROHIBITION OF GOODS FROM CHILD LABOR ACT: The Contractor certifies in accordance with 30 ILCS 584 that no foreign-made equipment, materials or supplies furnished to the State of Illinois under the contract have been produced in whole or in part by the labor of any child under the age of 12. PROHIBITION OF GOODS FROM FORCED LABOR ACT: The Contractor certifies that in accordance with 30 ILCS 583 no foreign-made equipment, materials, or supplies furnished to the State of Illinois under the contract have been produced in whole or in part by forced labor, convict labor or indentured labor under penal sanction. PROCUREMENT OF DOMESTIC PRODUCTS ACT: (30 ILCS 517) please check the statement below that applies to the articles you are offering in this bid/proposal. For the purposes of this question “manufactured in the United States” means in the case of assembled articles that final assembly occurred in the United States. □ We certify that all offered articles were/ will be manufactured in the United States.

We understand that, if we are awarded a contract based on a preference for US manufactured goods under the Procurement of Domestic Products Act (PA 93-0954), this certification will become part of the contract, and, if we knowingly supply non-US manufactured goods, we will be subject to penalties that include debarment for 5 years, voiding of the contract, and civil damages.

□ We are unable to certify that all offered articles were/will be manufactured in the United States.

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SUBSTANCE ABUSE PREVENTION ON PUBLIC WORKS PROJECT ACT: The Contractor certifies that it is in compliance with 820 ILCS 265/15. The Act requires, in part, that a written substance abuse prevention program which meets or exceeds the program requirements of the Act be filled with the University prior to commencement of any work. The Act also requires the program to be made available to the general public. The provisions of the Act apply only to the extent that there is not a collective bargaining agreement in effect dealing with the subject matter of the Act. THIS PROPOSAL IS THE COMPLETE AND EXCLUSIVE STATEMENT of the terms of the agreement between the Contractor and the University. No other terms and conditions, unless expressly agreed to in writing by the University, will be accepted. THE ATTACHED DISCLOSURE FORM IS TO BE COMPLETED AND SUBMITTED WITH YOUR BID - FAILURE TO DO SO MAY RESULT IN REJECTION OF YOUR BID. MODIFICATION OF ORIGINAL DOCUMENT: The vendor certifies that it has not altered or modified the original content of the University bid specifications, or the associated documents including original drawings or graphics. Vendor understands that failure to comply with this requirement may result in the offer being disqualified and, if determined to be a deliberate attempt to misrepresent the offer, may be considered sufficient basis to suspend or debar the violating party from consideration for future contract awards. Exceptions are to be explained in Appendix II. Please complete all the information requested below:

Company Name:

Address:

Telephone Number:

Fax Number:

E-mail:

Signature: ✕

Printed Name:

Title:

Date:

IDHR #:

Delivery/Completion Date: after receipt of order

FOB: Western Illinois University

ACKNOWLEDGE RECEIPT OF ANY ADDENDUMS ISSUED BELOW

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R259751r-Software Maintenance (rebid)/ May 13, 2014 10 of 23 Bidder: ____________________________

APPENDIX I NO BID REPLY FORM

BIDDER: To assist the University in obtaining good competition on our request for bids, we ask that each firm which received an invitation but does not wish to bid state their reason(s) below. This information will not preclude receipt of future invitations unless you request removal from the Bidders' List by so indicating below. We hereby submit a "NO BID" because:

1, ❑ We are not interested in selling through the bid process.

2. ❑ We do not wish to bid under the terms and conditions of the request for bid documents. OBJECTIONS:

3. ❑ We do not feel we can be competitive.

4. ❑ We cannot submit a bid because of the marketing or franchising policies of the manufacturing company.

5. ❑ We do not wish to sell to a State agency. OBJECTIONS:

6. ❑ We do not sell the items on which bids are requested.

7. ❑ Other:

Firm:

Signature:

We wish to ❑ remain on the Bidder’s List

❑ to be deleted from the Bidder’s List

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APPENDIX II EXCEPTIONS TO SPECIFICATIONS

Bidders should clearly state any exceptions to deviations from or additions to any of the specifications listed within the Invitation for Bid; otherwise, the Bidder will be held responsible for compliance in detail with the specifications listed. Please list exceptions below. (NOTE: Do NOT refer to any attached brochures. Bidders must list exceptions below.) Exceptions must refer to the item number and page number in the Invitation for Bid.

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APPENDIX III SAMPLE OF

STATE BOARD OF ELECTIONS CERTIFICATE OF REGISTRATION

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R259751r-Software Maintenance (rebid)/ May 13, 2014 13 of 23 Bidder: ____________________________

APPENDIX IV CERTIFICATION OF IDHR ELIGIBILITY

Western Illinois University is required to deal only with those firms registered with the Illinois Department of Human Rights. This sheet must be completed and returned with each bid, proposal or quote for it to be considered. If you need to look up or obtain an IDHR number, contact: Illinois Department of Human Rights Public Contract Section 100 W. Randolph Chicago, IL 60601

Chicago: (312)-814-6200 Springfield: (217)-785-5100 Marion: (618)-993-7463 TTY: (866)-740-3953

http://state.il.us/dhr/ Return this form along with the bid, proposal or quote to: Western Illinois University Purchasing Office Sherman Hall 227 1 University Circle Macomb, IL 61455 309/298-1819 - 309/298-1927 fax Respondents must have an IDHR number if: 1) your company employs 15 or more persons at the time of application for a public contract;

2) your company has employed 15 or more persons at any time during the 365 day period prior to the date of your applying for a public contract;

3) you are directed to file by a contracting agency of the State of Illinois, any political subdivision, or a municipal corporation. ❑ The undersigned certifies that the bidding enterprise is eligible for competitive bid public contracts in Illinois and has been issued

an IDHR number (list below) by the Illinois Department of Human Rights. or ❑ The undersigned certifies that the bidding enterprise has filed with the Illinois Department of Human Rights a properly

completed and sworn Employer Report Form (IDHR Form PC-1) which is currently valid and pending. ❑ The undersigned certifies that the bidding enterprise is exempt from this requirement.

Illinois Department of Human Rights Number:

Company Official’s Signature:

Company Official’s Title:

Date:

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APPENDIX V SUBCONTRACTORS

SUBCONTRACTORS:

Contractor will or may use subcontractors yes no 1. Contractor shall identify in this section the names and addresses of all first tier subcontractors receiving contracts estimated to be

$50,000 or more to be utilized by Contractor in the performance of the Contract, together with the anticipated amount of money each subcontractor is expected to receive pursuant to the Contract. For purposes of this section, “subcontractors” are those specifically hired to provide to the Contractor some or all of the goods, services, property, remuneration, or other forms of consideration that are the subject of this Contract, including sublessees from a lessee of a State agency.

2. A copy of each subcontract issued pursuant to the Contract shall be provided to the Western Illinois University, Purchasing Office within 20 days after the execution of the Contract or after execution of the subcontract, whichever is later. It is preferred that the subcontract be provided in PDF format and be sent to:

Purchasing Address: Sherman Hall 227 One University Circle Macomb, IL 61455 Phone: 309/298-1819 Email: [email protected]

3. If at any time during the term of the Contract, Contractor adds or changes any subcontractors, Contractor will be required to promptly notify, by written amendment to the Contract, the State Purchasing Officer (care of the person identified in 2. above) of the names and addresses and the expected amount of money that each new or replaced subcontractor will receive pursuant to the Contract. 4. Any subcontracts entered into prior to award of the Contract are done at the Contractor’s and subcontractor’s risk. 5. All subcontracts must include the Standard Qualifications, Certifications, & Disclosures Attachment, completed by the subcontractor. Contractors should copy these forms from this contract document and insure they are included and provided as part of all subcontracts. 6. List all subcontractor information including name, address, phone, email, and anticipated amount to be paid on the following page.

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Subcontractors Page 2 of 2

Name Address Phone Email Amount

(Make copies of this page if additional space is needed for reporting)

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APPENDIX VI DISCLOSURES

FINANCIAL DISCLOSURES AND CONFLICTS OF INTEREST Financial Disclosures and Conflicts of Interest forms (“forms”) must be accurately completed and submitted by the vendor, any parent entity(ies) and any subcontractors. There are nine steps to this form and each must be completed as instructed in the step heading, unless otherwise provided. A bid, offer, or proposal that does not include this form shall be considered not responsive. The University will consider this form when evaluating the bid, offer, or proposal or awarding the contract. The requirement of disclosure of financial interests and conflicts of interest is a continuing obligation. If circumstances change and the previously submitted form is no longer accurate, disclosing entities must provide an updated form. Separate forms are required for the vendor, any parent entity(ies) and any subcontractors. This disclosure is submitted for (check one):

Vendor

Vendor’s Parent Entity(ies) (100% ownership)

Subcontractor(s) >$50,000

Subcontractor’s Parent Entity(ies) > $50,000 Project Name and Reference #: Vendor Name: Doing Business As (DBA): Parent Entity: Subcontractor: Instrument of Ownership or Beneficial Interest (check one):

Sole Proprietorship Corporate Stock (C-Corporation, S-Corporation, Professional Corporation, Service Corporation) Limited Liability Company Membership Agreement (Series LLC, Low-Profit Limited Liability Partnership) Partnership Agreement (General Partnership, Limited Partnership, Limited Liability Partnership, Limited Liability Limited

Partnership) Not-for-Profit Trust Agreement (Beneficiary) Other

If you selected Other, please describe: .

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R259751r-Software Maintenance (rebid)/ May 13, 2014 17 of 23 Bidder: ____________________________

STEP 1

SUPPORTING DOCUMENTATION SUBMITTAL (All vendors complete regardless of annual bid, offer, or contract value)

(Subcontractors with subcontract annual value of more than $50,000 must complete) You must select one of the six options below and select the documentation you are submitting. You must provide the documentation the applicable section requires with this form.

Option 1 – Publicly Traded Entities

1.A. Complete Step 2, Option A for each qualifying individual or entity holding any ownership or distributive income share in excess of 5% or an amount greater than 60% ($106,447.20) of the annual salary of the Governor.

OR 1.B. Attach a copy of the Federal 10-K, and I will skip to Step 3.

Option 2 – Privately Held Entities with more than 200 Shareholders

2.A. Complete Step 2, Option A for each qualifying individual or entity holding any ownership or distributive income

share in excess of 5% or an amount greater than 60% ($106,447.20) of the annual salary of the Governor. OR 2.B. Complete Step 2, Option A each qualifying individual or entity holding any ownership share in excess of 5% and

will attach the information Federal 10-K reporting companies are required to report under 17 CFR 229.401.

Option 3 – All other Privately Held Entities, not including Sole Proprietorships

3.A. Complete Step 2, Option A for each qualifying individual or entity holding any ownership or distributive income share in excess of 5% or an amount greater than 60% ($106,447.20) of the annual salary of the Governor.

Option 4 – Foreign Entities

4.A. Complete Step 2, Option A for each qualifying individual or entity holding any ownership or distributive income

share in excess of 5% or an amount greater than 60% ($106,447.20) of the annual salary of the Governor. OR 4.B. Attach a copy of the Securities Exchange Commission Form 20-F or 40-F, and I will skip to Step 3.

Option 5 – Not-for-Profit Entities

Complete Step 2, Option B.

Option 6 – Sole Proprietorships

Skip to Step 3.

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R259751r-Software Maintenance (rebid)/ May 13, 2014 18 of 23 Bidder: ____________________________

STEP 2 DISCLOSURE OF FINANCIAL INTEREST OR BOARD OF DIRECTORS

(All vendors, except sole proprietorships, must complete regardless of annual bid, offer, or contract value) (Subcontractors with subcontract annual value of more than $50,000 must complete)

Complete either Option A (for all entities other than not-for-profits) or Option B (for not-for-profits). Additional rows may be inserted into the tables or an attachment may be provided if needed. OPTION A – Ownership Share and Distributive Income Ownership Share – If you selected Option 1.A., 2.A., 2.B., 3.A. or 4A. in Step 1, provide the name and address of each individual and entity and their percentage of ownership if said percentage exceeds 5%, or the dollar value of their ownership if said dollar value exceeds $106,447.20.

Check here if including an attachment with requested information in a format substantially similar to the format below. TABLE - X

Name Address % of Ownership $ Value of Ownership

Distributive Income – If you selected Option 1.A., 2.A., 3.A., or 4A. in Step 1, provide the name and address of each individual and their percentage of the disclosing vendor’s total distributive income if said percentage exceeds 5% of the total distributive income of the disclosing entity, or the dollar value of their distributive income if said dollar value exceeds $106,447.20.

Check here if including an attachment with requested information in a format substantially similar to the format below. TABLE - Y

Name Address % of Distributive Income $ Value of Distributive Income

Please certify that the following statements are true.

I have disclosed all individuals or entities that hold an ownership interest of greater than 5% or greater than $106,447.20. Yes No

I have disclosed all individuals or entities that were entitled to receive distributive income in an amount greater than $106,447.20 or greater than 5% of the total distributive income of the disclosing entity. Yes No

OPTION B – Disclosure of Board of Directors (Not-for-Profits) If you selected Option 5 in Step 1, list members of your board of directors. Please include an attachment if necessary. Name Address

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STEP 3 DISCLOSURE OF LOBBYIST OR AGENT

(Complete only if bid, offer, or contract has an annual value over $25,000) (Subcontractors with subcontract annual value of more than $50,000 must complete)

Yes No. Is your company represented by or do you employ a lobbyist or other agent required to register under the Lobbyist

Registration Act (lobbyist must be registered pursuant to the Act with the Secretary of State) or other agent who is not identified through Step 2, Option A above and who has communicated, is communicating, or may communicate with any University officer or employee concerning the bid or offer? If yes, please identify each lobbyist and agent, including the name and address below.

Name Address Relationship to Disclosing Entity

Describe all costs/fees/compensation/reimbursements related to the assistance provided by each representative lobbyist or other agent to obtain a State/University contract:

STEP 4 PROHIBITED CONFLICTS OF INTEREST

(All vendors must complete regardless of annual bid, offer, or contract value) (Subcontractors with subcontract annual value of more than $50,000 must complete)

Step 4 must be completed for each person disclosed in Step 2, Option A and for sole proprietors identified in Step 1, Option 6 above. Please provide the name of the person for which responses are provided: 1. Do you hold or are you the spouse or minor child of any person who holds an elective office in the State of

Illinois or hold a seat in the General Assembly? Yes No

2. Have you, your spouse, or minor child been appointed to or employed in any offices or agencies of State government and receive compensation for such employment in excess of 60% ($106,447.20) of the salary of the Governor?

Yes No

3. Are you or are you the spouse or minor child of an officer or employee of the Capital Development Board or the Illinois Toll Highway Authority?

Yes No

4. Have you, your spouse, or an immediate family member who lives in your residence currently or who lived in your residence within the last 12 months been appointed as a member of a board, commission, authority, or task force authorized or created by State law or by executive order of the Governor?

Yes No

5. If you answered yes to any question in 1-4 above, please answer the following: Do you, your spouse, or minor child receive from the vendor more than 7.5% of the vendor’s total distributable income or an amount of distributable income in excess of the salary of the Governor ($177,412.00)?

Yes No

6. If you answered yes to any question in 1-4 above, please answer the following: Is there a combined interest of self with spouse or minor child more than 15% ($354,824.00) in the aggregate of the vendor’s distributable income or an amount of distributable income in excess of two times the salary of the Governor?

Yes No

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R259751r-Software Maintenance (rebid)/ May 13, 2014 20 of 23 Bidder: ____________________________

STEP 5

POTENTIAL CONFLICTS OF INTEREST RELATING TO PERSONAL RELATIONSHIPS (Complete only if bid, offer, or contract has an annual value over $25,000)

(Subcontractors with subcontract annual value of more than $50,000 must complete) Step 5 must be completed for each person disclosed in Step 2, Option A and for sole proprietors identified in Step 1, Option 6 above. Please provide the name of the person for which responses are provided:

1. Do you currently have, or in the previous 3 years have you had State employment, including contractual employment of services?

Yes No

2. Has your spouse, father, mother, son, or daughter, had State employment, including contractual employment for services, in the previous 2 years?

Yes No

3. Do you hold currently or have you held in the previous 3 years elective office of the State of Illinois, the government of the United States, or any unit of local government authorized by the Constitution of the State of Illinois or the statutes of the State of Illinois?

Yes No

4. Do you have a relationship to anyone (spouse, father, mother, son, or daughter) holding elective office currently or in the previous 2 years?

Yes No

5. Do you hold or have you held in the previous 3 years any appointive government office of the State of Illinois, the United States of America, or any unit of local government authorized by the Constitution of the State of Illinois or the statutes of the State of Illinois, which office entitles the holder to compensation in excess of expenses incurred in the discharge of that?

Yes No

6. Do you have a relationship to anyone (spouse, father, mother, son, or daughter) holding appointive office currently or in the previous 2 years?

Yes No

7. Do you currently have or in the previous 3 years had employment as or by any registered lobbyist of the State government?

Yes No

8. Do you currently have or in the previous 2 years had a relationship to anyone (spouse, father, mother, son, or daughter) that is or was a registered lobbyist?

Yes No

9. Do you currently have or in the previous 3 years had compensated employment by any registered election or re-election committee registered with the Secretary of State or any county clerk in the State of Illinois, or any political action committee registered with either the Secretary of State or the Federal Board of Elections?

Yes No

10. Do you currently have or in the previous 2 years had a relationship to anyone (spouse, father, mother, son, or daughter) who is or was a compensated employee of any registered election or reelection committee registered with the Secretary of State or any county clerk in the State of Illinois, or any political action committee registered with either the Secretary of State or the Federal Board of Elections?

Yes No

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STEP 6 EXPLANATION OF AFFIRMATIVE RESPONSES

(All vendors must complete regardless of annual bid, offer, or contract value) (Subcontractors with subcontract annual value of more than $50,000 must complete)

If you answered “Yes” in Step 4 or Step 5, please provide on an additional page a detailed explanation that includes, but is not limited to the name, salary, State agency or university, and position title of each individual.

STEP 7 POTENTIAL CONFLICTS OF INTEREST

RELATING TO DEBARMENT & LEGAL PROCEEDINGS (Complete only if bid, offer, or contract has an annual value over $25,000)

(Subcontractors with subcontract annual value of more than $50,000 must complete) This step must be completed for each person disclosed through Step 2, Option A and Step 3, and for each entity and sole proprietor disclosed in Step 1. Please provide the name of the person or entity for which responses are provided:

1. Within the previous ten years, have you had debarment from contracting with any governmental entity? Yes No

2. Within the previous ten years, have you had any professional licensure discipline? Yes No

3. Within the previous ten years, have you had any bankruptcies? Yes No

4. Within the previous ten years, have you had any adverse civil judgments and administrative findings? Yes No

5. Within the previous ten years, have you had any criminal felony convictions? Yes No

If you answered “Yes”, please provide a detailed explanation that includes, but is not limited to the name, State agency or university, and position title of each individual and descriptive information regarding the nature of the debarment and/or legal proceeding.

STEP 8 DISCLOSURE OF CURRENT AND PENDING CONTRACTS

(Complete only if bid, offer, or contract has an annual value over $25,000) (Subcontractors with subcontract annual value of more than $50,000 must complete)

If you selected Option 1, 2, 3, 4 or 6 in Step 1, do you have any contracts, pending contracts, bids, proposals, or other ongoing procurement relationships with State of Illinois agencies or universities? Yes No If “Yes”, please specify below. Attach an additional page in the same format as provided below, if desired.

Agency/University Project Title Status Value Contract Reference/P.O./ Bulletin #

Please explain the procurement relationship:

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STEP 9 SIGN THE DISCLOSURE

(All vendors must complete regardless of annual bid, offer, or contract value) (Subcontractors with subcontract annual value of more than $50,000 must complete)

This disclosure is signed and made under penalty of perjury by an authorized officer or employee on behalf of the bidder or offeror pursuant to Sections 50-13 and 50-35 of the Illinois Procurement Code. This disclosure information is submitted on behalf of: Name of Disclosing Entity: Signature: Date: Printed Name: Title: Phone Number: Email Address:

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Sample Envelope

Please submit your bid in an envelope substantially similar to this sample. This will allow the Purchasing staff to match the bid with the Invitation for Bid. This Invitation for Bid is for a sealed formal bid. Return Address Western Illinois University Purchasing Office - SH 227 1 University Circle Macomb, IL 61455-1390

R259751r: Software Maintenance (rebid) To be opened in the Purchasing Office, WIU, Sherman Hall 227, Macomb, IL on May 28, 2014 at 2:00 pm local time. CHECK HERE IF SUBMITTING A NO BID