state of michigan central procurement services … · 2019. 12. 5. · state of michigan central...

STATE OF MICHIGANCENTRAL PROCUREMENT SERVICESDepartment of Technology, Management, and Budget525 W. ALLEGAN ST., LANSING, MICHIGAN 48913P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 12

to071B4300148Contract Number

Various

Lisa Spitzley

[email protected]

Audrey Broll

Wilmington, DE 19808

AGILENT TECHNOLOGIES INC

CV0063535

781-266-2808

2850 Centerville Road

(517) 249-0440STATE

Pro

gra

m

Manager

Contra

ct

Adm

inistra

tor

CO

NTRACTO

R

MULTI

DTMB

[email protected]

$5,812,879.66

September 1, 2014 August 31, 2021

GAS CHROMATOGRAPH/MASS SPECTROMETER

August 31, 2018

INITIAL AVAILABLE OPTIONS EXPIRATION DATE BEFORE

3 - 1 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☐ Yes ☒ NoMINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICEOPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☐ N/A ☐ N/A N/A

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

N/A

$0.00 $5,812,879.66

Effective November 14, 2019, the attached list of equipment services for preventative maintenance is added to this contractfor the Michigan Department of Agriculture and Rural Development (MDARD).

All other terms, conditions, specifications, and pricing remain the same. Per Vendor and Agency agreement and DTMB Procurement approval.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

N/A

DESCRIPTION

CONTRACT SUMMARY

CN12 071B4300148

Additional Services for MDARD

Item # Serial Number Model Description Service Description Coverage Period Regular Services

1

US64610198 LCMS 6410 QQQ System CROSSLAB PM -

Extended 10/9/2019-10/8/2020 $ 6,792.00 Model G6410A

2

US70210269 LCMS 6410 QQQ System CROSSLAB PM -

Extended 10/9/2019-10/8/2020 $ 6,792.00 Model G6410B

Total (before discount)

$13,584.00





various

Lisa Spitzley

[email protected]

Audrey Broll



CV0063535

781-266-2808


(517) 249-0440STATE

Pro

gra

m

Manager

Contra

ct

Adm

inistra

tor

CO

NTRACTO

R

EGLE

DTMB

[email protected]

$5,812,878.66



August 31, 2018


3 - 1 Year


Net 45




☐ N/A ☐ N/A N/A


N/A

$0.00 $5,812,878.66

Effective Septermber 13, 2019 this Contract is hereby amended as follows:

1. Schedule A, is updated to add additional equipment to the Contract for the Department of Health and Human Services(MDHHS), see attached.2. The Contract Administrator is changed to Lisa Spitzley, per Standard Contract Terms, Section 3.

All other terms, conditions, specifications, and pricing remain the same. Per Vendor and Agency agreement and DTMB Procurement approval.


N/A

DESCRIPTION

CONTRACT SUMMARY

Additional Consumables for DHHS

Item Product Description Quantity List Price

1 G3665A

Agilent 8900 base With the following configuration: Ship to Country: USA Agilent 8900 for Advanced App Installation (44K) Familiarization at Installation (44L) Discounted Amount Special discount at 32.5% is applied.

1 each $ 236,405.24

2 G7215C

ICP-MS Workstation PC bundle. Includes PC, Windows OS, Monitor and Printer, Also includes ICP-MS MassHunter License if either of option #003, m#004, or #005 is selected. With the following configuration: Ship to Country: USA MassHunter Software For 8900 ICP-QQQ Instalation (44K) 1 Year SW Update/Phone Assist (44W) Special discount at 32.5% is applied

1 each $ 11,626.19

3 G1879B

Heat Exchanger PolyScience Model 3370 Air Cooled Re-circulator With the following configuration: Ship to country US Special discount at 41% is applied

1 each $ 1.038.40

4 5185-5850

IPS-MS Checkout Solutions kit required by the Agilent Installation engineer to validate the Agilent 7700 performance on site. Contains tuning solution, dual mode (1), dual mode (2), wash and water blank solutions. Special discount at 32.5% is applied

1 each $421.87

5 CP7988 1-position Connecting unit 1/8 in Gas Clean 1-position Connecting unit, 1/8 in.Special discount at 32.5% is applied

1 each $170.77

6 G3270-65035

Stainless Steel tubing, 1/8in od, 6m. Used for external cell gas line Special discount at 32.5% is applied

1 each $150.53

7 CP7981 Wall mounting bracket, Gas Clean Wall Mounting Bracket for 1-position, connecting unit only Special discount at 41% is applied

1 each $24.52

8 G7205C

ICP-MS MassHunter Chromatographic data, analysis option With the following configuration: Ship to Country: USA Installation (44K) Familiarization at Installation (44L) Special discount at 32.5% is applied

1 each $2,476.56

9 G8415A

SPS 4 autosampler for ICP-MS products. Option cover kit not included. With the following configuration: Integrated Cover Kit (002): Selected Pump Drain Kit (007): Selected Ship to Country: USA SPS 4 Integrated cover kit SPS 4 Dumped Drain Kit Drainage Tank, Poluethylene, 4 Litre Installation (44K) Familiarization at Installation (44L) Special discount at 32.5% is applied

1 each $9,535.85

10 6610026600 SPS3 sample rack 21 tubes x 30mm od, 1/pk Sample rack for SPS 3, autosampler. Holds 30 mm od tubes, 21 positions. Special discount at 41% is applied

1 each $28.38

11 G8411A

ISIS 3 for Agilent 7900 ICP-MS Ship to Country: USA Installation (44K) Familiarization at Installation (44L) Special discount at 32.5% is applied

1 each $9,634.27

12 5184-3566 ICP-MS Tuning Sol 10 ug/L 2x 500mL, contains 10 ppb Li, Y, Ce, Ti, Co in ).2 wt % HNO3 Special discount at 41% is applied

1 each $168.74

13 SYS-IM-

8900

ICPMS 8900 System With the following configuration: Ship to Country: USA

CrossLab Silver – 3yrs total Promotion discount 9.00% Special discount of 20% is applied

1 each $61,855.20

14 G3292A

PolyScience Model ^106T Recirculating Chillers. With the following configuration: Ship to country US Special discount of 50% is applied

1 each $2,872.00

15 CP17976 Gas Clean Carrier Gas Filter kit (includes 1 connecting unit 1/8” and 2 carrier gas filters) Special discount of 32.5% is applied

1 each $429.97

16 0100-0118 1/8inch x 1/4 inch brass tubing connector Special discount of 32.5% is applied

1 each $12.12

17 0100-0119 1/4inch x 1/4inch brass tubing connector Special discount of 32.5% is applied

1 each $13.20

18 H2149A

Method and application consulting On-site consulting for a maximum of 4 participants. Certifies and manuals not included.

With the following configuration: ship-to country: USA Three day On-site (includes travel) Special discount of 25%

1 each $7,632.00

19 G7111B

1260 Infinity II Quaternary Pump, Maximum pressure 600bar. Includes quaternary pump with integrated 4-channel degassing unit, column connecting capillaries, solvent cabinet, solvent bottles and CANcable.

With the following configuration: Manual DVD for 1220/1260/1290: DVD included Add tool kit(001): tool kit included Low dispersion kit MCT (008): low disp kit MCT selected Select bundled column: poroshell 120 EC-C18 4.6x100mm, 2.9 um Installation (44k) Familiarization at installation (44L) Special Discount 50.00 %

1 each $11,905.55

20 G7116B

1290 Infinity II Multicolumn Thermostat. Capacity up to 8 columns, temperature range 4 deg C. to 110 deg C. Includes 1.6uL Quick-Connect Heat Exchanger, Quick- connect Fitting and two quick-turn fittings. Valve drive optional.

With the following configuration: Ship to Country:USA Valve Drive for 1290 MCT Installation (44K)

Special Discount of 50% is applied

1 each $4,558.00

21 G7167A

1260 infinity II Multisampler up to 800 bar for well plates and individual sample containers. Includes 1 Sample drawer, 2x 54-vial containers, a needle flush port, 100 uL metering device and loop.

With the following configuration: Type of SW license: ChemStation or EZChrom Driver Manual DVD for 1220/1260/1290: DVD included Ship-to country: USA Insallation (44k) Familiarization at installation (44L)

Special Discount of 50% is applied

1 each $14,619.00

22 G4231A

2pos/6port Quck Change valve head, 800 bar. For use in G7116A/B MCT and G1316C TCC. With the following configuration: Ship-to country: USA Capillary kit 0. 17 mmlD G1316C 2/10 vlv Installation (44K) Special Discount of 50% is applied

1 each $1,785.00

23 5042-6461

PEEK tubing, 0,005” / 0,13 mm ID 1/16” / 1,59 mm OD 5,00m length, color code: RED

Special Discount of 50.00%

1 each $40.87

24 5065-4426

Colored finger-tight PEEK fittings 10/PK 1/16in, yellow, blue, black, green and red 2 each

Special discount of 50.00%

1 each $31.37

25 5062-8541 Fingertight fittings, long 1/16 in 10 PK

Special Discount of 50.00% is applied 1 pack $43.90

26 5062-2462 PTFE tubing 0.7 mm id, 1.6 mm od, 5

Special discount of 50.00% is applied

1 each $14.75

27 0101-1239 Sample loop, PEEK, 20ul

Special discount of 50.00% is applied 1 each $38.55

28 G3266-80012

UniFit sample connector, 0.5mm id, 10/pk Sample connector (UniFit) for U-Series MicroMist Concentric nebulizer used 7900 Series ICP-MS. Fitted with 0.5mm idX700mm length capillary tubing

Special discount of 50.00% is applied

1 each $116.00

29 5188-8045 Remote Cable APG-ERI 1 each $165.00

30 G1820-65541

Basic LC connection kit. Incl PFA Sample tubing (0.3 id x 1.6 od)mm x 3m, 2 unions, 3 x PEEK fittings 1/16 in x 10-32 male nut (2/pk), APG remote cable = gender changer connector D9S-ff

1 each $340.50

31 G2402A

8-port 10/100Base TX auto sensing switch Allows up to eight devices to interface to a local laboratoryLAN cable

With the following configuration: Ship-to Country: USA Special Discount of 50.00%

1 each $116.50

Additional Services for MDHHS


1

ICPMS 8800 System CROSSLAB

Preventative Maintenance 8/13/2020 – 8/12/2020 $ 13,128.00 5H16B1216 ICPMS 8800

JP15180473 Agilent 8800 Triple Quadruple ICP-MS

2

LC 1260 System

CROSSLAB Preventative Maintenance

8/13/2020 – 8/12/2020 $ 5,136.00

DEBAK30720 1290 Thermostat

DEAES40777 1260 Thermostatted Column Compartment

DEAB715899 1260 Quaternary Pump

DEAC007361 1260 High Performance Auto Sampler

Total (before discount)

$ 18,264.00





various

Lisa Spitzley

[email protected]

Ann Gordon



CV0063535

248-220-9581


(517) 249-0440STATE

Pro

gra

m

Manager

Contra

ct

Adm

inistra

tor

CO

NTRACTO

R

EGLE

DTMB

[email protected]

$5,812,879.66



August 31, 2018


3 - 1 Year


Net 45




☐ N/A ☐ N/A N/A


N/A

$0.00 $5,812,879.66

Effective August 2, 2019, the attached list of equipment is added to this contract for the Michigan Department of Agriculture and Rural Development (MDARD) and the Federal Provisions Addendum is hereby added to this contract, see attached. All other terms, conditions, specifications, and pricing remain the same. Per Vendor and Agency agreement andDTMB Procurement approval.


N/A

DESCRIPTION

CONTRACT SUMMARY

AGENCY NAME PHONE EMAILMulti-Agency and Statewide Contracts

Program Managersfor

CHANGE NOTICE NO. 10 TO CONTRACT NO. 071B4300148

MDARD McCarrick, Carla Carla McCarrick

517-284-5746 [email protected]

MDHHS Wanda Rademacher (517) 241-0134 [email protected]

LARA Ann Whitaker (517) 332-2132 [email protected]

EGLE Carol Smith (517) 335-9550 [email protected]

MSP Paula Hurst (517) 284-3305 [email protected]

Michigan Department of Treasury Contract # 071B4300148

Change Notice 10 Additional Consumables for MDARD

From Contract # 391B2200008


1 5982-5650 QuEChERS Extract Tubes, EN Method EA $ 182.00

2 5982-5356 Dispersive SPE 15ml, High Pigment, EN All from the same lot

EA $153.00

3 G1544-80530

GC Split Vent Replacement Cartridge,2/pk Replacement Filter Cartridge Kit for G1544-60610 (2/pkg); Kit contains 2 replacement split vent cartridges with 4 o-rings

EA $120.00

4 G3188-27501 Ferrule, flexi inert 0.25mm col 10/PK UltiMetal treated flexible metal ferrule

EA $71.65

5 5188-5365

Inlet Liner Non-Stick O-Ring, 10 pack Fluorocarbon, standard inlet weldment Pre-cleaned & treated to prevent outgassing & sticking

EA $17.15

6 G7012BA

7010B Quadrupole MS/MS mainframe, High Efficiency EI source. MassHunter SW, CPU, monitor, installation and familiarization, 1 year SW support, user course. 7890 or 9000 GC required (not included). With the following configuration: Ship to Country: USA, MS for 8890 GC, Add laser Printer, Dry (Scroll) Pump Substitution, Installation (44K), Familiarization at Installation (44L), 1 Year SW Update/Phone Assist (44W), Training (44P), 1 YR PC Repair Recovery Service (0TP). Promotion Discount 30.00%.

EA $188.855.80

7 G3540A

Agilent 8890 GC System Custom With the following configuration: Ship-to Country: USA, Country of Origin: United States, Multimode Inlet, LN2 or Air Cooling, Mpt Bflush for GC/MS-MS w/ Coll Cell, Factory plumbing for quick installation, Exhaust Deflector Assy, PSD module for CFT Pneumatic Switching.

EA $27,448.40

8 G4513A 7693A Autoinjector includes transfer turret, 16-sample turret, mounting post, parking post for GC. 10ul syringe, and solvent bottles. With the following configuration: Ship to country: USA, Installation (44k) Promotion discount 30.00%

EA $5,385.60

9 G4514A 7693 Tray, 150 vial includes three removable 50-vial racks and GC mounting bracket. With the following configuration: Ship-to Country: USA, Installation (44K) Promotion Discount 30.00%.

EA $6,426.64

10 R2005A** Uninstall and ship trade-in instruments. Also includes verification of instrument viability prior to Agilent acceptance.

EA $0.00

11 G1321-60005 Flow cell for G1321A Fluorescence det EA $1,554.00

12 G6697A IDP-10 Upgrade Kit for GC/QQQ, With the following configuration: Ship to Country: USA, Special Discount of 15.00% is applied.

EA $5,962.75

13 5982-5056 Dispersive SPE 15ml, Fruits and Veg, EN EA $792.00

14 5182-0716 Certified screw top vial, 2 mL, amber with write-on spot, 100/pk

EA $263.00

15 5982-9312 Ceramic Homogenizers, 15ml tubes, 100/pk 5982-

EA $401.60

16 5982-5650 QuEChERS Extract Tubes, EN Method EA $1,456.00


Total $239,089.59

Federal Provisions Addendum The provisions in this addendum may apply if the purchase will be paid for in whole or in part with funds obtained from the federal government. If any provision below is not required by federal law for this Contract, then it does not apply and must be disregarded. If any provision below is required to be included in this Contract by federal law, then the applicable provision applies, and the language is not negotiable. If any provision below conflicts with the State’s terms and conditions, including any attachments, schedules, or exhibits to the State’s Contract, the provisions below take priority to the extent a provision is required by federal law; otherwise, the order of precedence set forth in the Contract applies. Hyperlinks are provided for convenience only; broken hyperlinks will not relieve Contractor from compliance with the law. 1. Federally Assisted Construction Contracts. If this contract is a “federally assisted construction contract” as

defined in 41 CRF Part 60-1.3, and except as otherwise may be provided under 41 CRF Part 60, then during performance of this Contract, the Contractor agrees as follows:

(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

https://www.law.cornell.edu/cfr/text/41/60-1.3

https://www.law.cornell.edu/cfr/text/41/part-60

https://www.dol.gov/ofccp/regs/statutes/eo11246.htm




(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

2. Davis-Bacon Act (Prevailing Wage)

a. If applicable, the Contractor (and its Subcontractors) for prime construction contracts in excess of $2,000 must comply with the Davis-Bacon Act (40 USC 3141-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

b. The Contractor (and its Subcontractors) shall pay all mechanics and laborers employed directly on the

site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the Contractor or subcontractor and the laborers and mechanics;

c. The Contractor will post the scale of wages to be paid in a prominent and easily accessible place at the

site of the work;

d. There may be withheld from the Contractor so much of accrued payments as the contracting officer considers necessary to pay to laborers and mechanics employed by the Contractor or any Subcontractor on the work the difference between the rates of wages required by the Contract to be paid laborers and mechanics on the work and the rates of wages received by the laborers and mechanics and not refunded to the Contractor or Subcontractors or their agents.

3. Copeland “Anti-Kickback” Act. If applicable, the Contractor must comply with the Copeland “Anti-Kickback”

Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”), which prohibits the Contractor and subrecipients from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

4. Contract Work Hours and Safety Standards Act. If the Contract is in excess of $100,000 and involves

the employment of mechanics or laborers, the Contractor must comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

5. Rights to Inventions Made Under a Contract or Agreement. If the Contract is funded by a federal “funding

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

6. Clean Air Act. If this Contract is in excess of $150,000, the Contractor must comply with all applicable

standards, orders, and regulations issued under the Clean Air Act (42 USC 7401-7671q) and the Federal Water Pollution Control Act (33 USC 1251-1387). Violations must be reported to the federal awarding agency and the regional office of the Environmental Protection Agency.

7. Debarment and Suspension. A “contract award” (see 2 CFR 180.220) must not be made to parties listed on the

government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,


https://www.law.cornell.edu/uscode/text/40/subtitle-II/part-A/chapter-31/subchapter-IV


https://www.dol.gov/whd/regs/statutes/copeland.htm


https://www.law.cornell.edu/uscode/text/40/3145





https://www.law.cornell.edu/cfr/text/2/180.220

https://www.sam.gov/portal/SAM/?portal:componentId=78d3f342-d23f-424a-a04a-d978528069c2&interactionstate=JBPNS_rO0ABXc0ABBfanNmQnJpZGdlVmlld0lkAAAAAQATL2pzZi9uYXZpZ2F0aW9uLmpzcAAHX19FT0ZfXw**&portal:type=action

suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

8. Byrd Anti-Lobbying Amendment. If this Contract exceeds $100,000, bidders and the Contractor must file the

certification required under 31 USC 1352. 9. Procurement of Recovered Materials. Under 2 CFR 200.322, a non-Federal entity that is a state agency or

agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Byrd Anti-Lobbying Certification

The following certification and disclosure regarding payments to influence certain federal transactions are made under FAR 52.203‐11 and 52.203‐12 and 31 USC 1352, the “Byrd Anti‐Lobbying Amendment.” Hyperlinks are provided for convenience only; broken hyperlinks will not relieve Contractor from compliance with the law. 1. FAR 52.203‐12, “Limitation on Payments to Influence Certain Federal Transactions” is hereby incorporated by

reference into this certification.

2. The bidder, by submitting its proposal, hereby certifies to the best of his or her knowledge and belief that:

a. No federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress on his or her behalf in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement;

b. If any funds other than federal appropriated funds (including profit or fee received under a covered federal

transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress on his or her behalf in connection with this solicitation, the bidder must complete and submit, with its proposal, OMB standard form LLL, Disclosure of Lobbying Activities, to the Solicitation Manager; and

c. He or she will include the language of this certification in all subcontract awards at any tier and require that all

recipients of subcontract awards in excess of $150,000 must certify and disclose accordingly.

3. This certification is a material representation of fact upon which reliance is placed at the time of Contract award. Submission of this certification and disclosure is a prerequisite for making or entering into this Contract under 31 USC 1352. Any person making an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision is subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

Signed by: _____________________ [Type name and title] [Type company name] Date: ________________



https://www.gpo.gov/fdsys/granule/CFR-2002-title40-vol21/CFR-2002-title40-vol21-part247



https://www.law.cornell.edu/cfr/text/48/52.203-12

https://www.gsa.gov/portal/forms/download/116430



FOR THE CONTRACTOR:


Company Name

Authorized Agent Signature

Authorized Agent (Print or Type)

Date

FOR THE STATE:

Signature

Name and Title

Agency

Date

DTMB Procurement


Lisa Spitzley, Category Analyst

AGENCY NAME PHONE EMAILMulti-Agency and Statewide Contracts

Program Managersfor


MDARD McCarrick, Carla Carla McCarrick

517-284-5746 [email protected]

MDHHS Wanda Rademacher (517) 241-0134 [email protected]


EGLE Carol Smith (517) 335-9550 [email protected]

MSP Paula Hurst (517) 284-3305 [email protected]

Michigan Department of Treasury Contract # 071B4300148

Change Notice 10 Additional Consumables for MDARD

From Contract # 391B2200008


1 5982-5650 QuEChERS Extract Tubes, EN Method EA $ 182.00

2 5982-5356 Dispersive SPE 15ml, High Pigment, EN All from the same lot

EA $153.00

3 G1544-80530

GC Split Vent Replacement Cartridge,2/pk Replacement Filter Cartridge Kit for G1544-60610 (2/pkg); Kit contains 2 replacement split vent cartridges with 4 o-rings

EA $120.00

4 G3188-27501 Ferrule, flexi inert 0.25mm col 10/PK UltiMetal treated flexible metal ferrule

EA $71.65

5 5188-5365

Inlet Liner Non-Stick O-Ring, 10 pack Fluorocarbon, standard inlet weldment Pre-cleaned & treated to prevent outgassing & sticking

EA $17.15

6 G7012BA

7010B Quadrupole MS/MS mainframe, High Efficiency EI source. MassHunter SW, CPU, monitor, installation and familiarization, 1 year SW support, user course. 7890 or 9000 GC required (not included). With the following configuration: Ship to Country: USA, MS for 8890 GC, Add laser Printer, Dry (Scroll) Pump Substitution, Installation (44K), Familiarization at Installation (44L), 1 Year SW Update/Phone Assist (44W), Training (44P), 1 YR PC Repair Recovery Service (0TP). Promotion Discount 30.00%.

EA $188.855.80

7 G3540A

Agilent 8890 GC System Custom With the following configuration: Ship-to Country: USA, Country of Origin: United States, Multimode Inlet, LN2 or Air Cooling, Mpt Bflush for GC/MS-MS w/ Coll Cell, Factory plumbing for quick installation, Exhaust Deflector Assy, PSD module for CFT Pneumatic Switching.

EA $27,448.40

8 G4513A 7693A Autoinjector includes transfer turret, 16-sample turret, mounting post, parking post for GC. 10ul syringe, and solvent bottles. With the following configuration: Ship to country: USA, Installation (44k) Promotion discount 30.00%

EA $5,385.60

9 G4514A 7693 Tray, 150 vial includes three removable 50-vial racks and GC mounting bracket. With the following configuration: Ship-to Country: USA, Installation (44K) Promotion Discount 30.00%.

EA $6,426.64

10 R2005A** Uninstall and ship trade-in instruments. Also includes verification of instrument viability prior to Agilent acceptance.

EA $0.00

11 G1321-60005 Flow cell for G1321A Fluorescence det EA $1,554.00

12 G6697A IDP-10 Upgrade Kit for GC/QQQ, With the following configuration: Ship to Country: USA, Special Discount of 15.00% is applied.

EA $5,962.75

13 5982-5056 Dispersive SPE 15ml, Fruits and Veg, EN EA $792.00

14 5182-0716 Certified screw top vial, 2 mL, amber with write-on spot, 100/pk

EA $263.00

15 5982-9312 Ceramic Homogenizers, 15ml tubes, 100/pk 5982-

EA $401.60

16 5982-5650 QuEChERS Extract Tubes, EN Method EA $1,456.00


Total $239,089.59

Federal Provisions Addendum The provisions in this addendum may apply if the purchase will be paid for in whole or in part with funds obtained from the federal government. If any provision below is not required by federal law for this Contract, then it does not apply and must be disregarded. If any provision below is required to be included in this Contract by federal law, then the applicable provision applies, and the language is not negotiable. If any provision below conflicts with the State’s terms and conditions, including any attachments, schedules, or exhibits to the State’s Contract, the provisions below take priority to the extent a provision is required by federal law; otherwise, the order of precedence set forth in the Contract applies. Hyperlinks are provided for convenience only; broken hyperlinks will not relieve Contractor from compliance with the law. 1. Federally Assisted Construction Contracts. If this contract is a “federally assisted construction contract” as

defined in 41 CRF Part 60-1.3, and except as otherwise may be provided under 41 CRF Part 60, then during performance of this Contract, the Contractor agrees as follows:

(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

https://www.law.cornell.edu/cfr/text/41/60-1.3






(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

2. Davis-Bacon Act (Prevailing Wage)

a. If applicable, the Contractor (and its Subcontractors) for prime construction contracts in excess of $2,000 must comply with the Davis-Bacon Act (40 USC 3141-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

b. The Contractor (and its Subcontractors) shall pay all mechanics and laborers employed directly on the

site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the Contractor or subcontractor and the laborers and mechanics;

c. The Contractor will post the scale of wages to be paid in a prominent and easily accessible place at the

site of the work;

d. There may be withheld from the Contractor so much of accrued payments as the contracting officer considers necessary to pay to laborers and mechanics employed by the Contractor or any Subcontractor on the work the difference between the rates of wages required by the Contract to be paid laborers and mechanics on the work and the rates of wages received by the laborers and mechanics and not refunded to the Contractor or Subcontractors or their agents.

3. Copeland “Anti-Kickback” Act. If applicable, the Contractor must comply with the Copeland “Anti-Kickback”

Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”), which prohibits the Contractor and subrecipients from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

4. Contract Work Hours and Safety Standards Act. If the Contract is in excess of $100,000 and involves

the employment of mechanics or laborers, the Contractor must comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

5. Rights to Inventions Made Under a Contract or Agreement. If the Contract is funded by a federal “funding

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

6. Clean Air Act. If this Contract is in excess of $150,000, the Contractor must comply with all applicable

standards, orders, and regulations issued under the Clean Air Act (42 USC 7401-7671q) and the Federal Water Pollution Control Act (33 USC 1251-1387). Violations must be reported to the federal awarding agency and the regional office of the Environmental Protection Agency.

7. Debarment and Suspension. A “contract award” (see 2 CFR 180.220) must not be made to parties listed on the

government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,


https://www.law.cornell.edu/uscode/text/40/subtitle-II/part-A/chapter-31/subchapter-IV










https://www.sam.gov/portal/SAM/?portal:componentId=78d3f342-d23f-424a-a04a-d978528069c2&interactionstate=JBPNS_rO0ABXc0ABBfanNmQnJpZGdlVmlld0lkAAAAAQATL2pzZi9uYXZpZ2F0aW9uLmpzcAAHX19FT0ZfXw**&portal:type=action

suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

8. Byrd Anti-Lobbying Amendment. If this Contract exceeds $100,000, bidders and the Contractor must file the

certification required under 31 USC 1352. 9. Procurement of Recovered Materials. Under 2 CFR 200.322, a non-Federal entity that is a state agency or

agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Byrd Anti-Lobbying Certification

The following certification and disclosure regarding payments to influence certain federal transactions are made under FAR 52.203‐11 and 52.203‐12 and 31 USC 1352, the “Byrd Anti‐Lobbying Amendment.” Hyperlinks are provided for convenience only; broken hyperlinks will not relieve Contractor from compliance with the law. 1. FAR 52.203‐12, “Limitation on Payments to Influence Certain Federal Transactions” is hereby incorporated by

reference into this certification.

2. The bidder, by submitting its proposal, hereby certifies to the best of his or her knowledge and belief that:

a. No federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress on his or her behalf in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement;

b. If any funds other than federal appropriated funds (including profit or fee received under a covered federal

transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress on his or her behalf in connection with this solicitation, the bidder must complete and submit, with its proposal, OMB standard form LLL, Disclosure of Lobbying Activities, to the Solicitation Manager; and

c. He or she will include the language of this certification in all subcontract awards at any tier and require that all

recipients of subcontract awards in excess of $150,000 must certify and disclose accordingly.

3. This certification is a material representation of fact upon which reliance is placed at the time of Contract award. Submission of this certification and disclosure is a prerequisite for making or entering into this Contract under 31 USC 1352. Any person making an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision is subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

Signed by: _____________________ [Type name and title] [Type company name] Date: ________________






https://www.law.cornell.edu/cfr/text/48/52.203-12

https://www.gsa.gov/portal/forms/download/116430







various

Steve Rigg

[email protected]

Audrey Broll



CV0063535

781-266-2808


(517) 249-0454S

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DTMB

[email protected]

$5,312,879.66



August 31, 2018


3 - 1 Year


Net 45




☒ 2 years ☐ August 31, 2021


N/A

$499,999.00 $5,812,878.66

Effective June 17, 2019, this contract is exercising the two remaining option years and is increased by $499,999.00. The Michigan State Police (MSP) is hereby added to this contract along with additional services and consumables.

Section 41 of the Standard Contract Terms is changed to read: Nondiscrimination. Under the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., and Executive Directive 2019-09. Contractor and its subcontractors agree not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex (as defined in Executive Directive 2019-09), height, weight, marital status, partisan considerations, any mental or physical disability, or genetic information that is unrelated to the person’s ability to perform the duties of a particular job or position. Breach of this covenant is a material breach of this Contract.

All other terms, conditions, specifications, and pricing remain the same. Per Contractor and Agency agreement, and DTMB Central Procurement Services approval.


N/A

DESCRIPTION

CONTRACT SUMMARY

Additional Consumables for MSP


1 5182-0837 Certified headspace crimp top vial, 20 mL, 23 x 75 mm, clear, flat bottom, 100 per pack 1 pack $ 38.68

2 5183-4477 Tan PTFE/White silicone septa, silver aluminum one-piece crimp cap, 20 mm, for headspace vials, 100 per pack 1 pack $ 57.16

3 5190-4061 High Power Electric Crimp Tool w/Power Supply 1 each $ 1,165.60

4 5190-4065 20mm Decapper Jaw Set 1 each $ 283.20

5 5190-4064 20mm Crimper Jaw Set 1 each $ 296.00

6 5190-4066 Base for Electronic Crimping Tool 1 each $ 181.60

7 5040-4669 Ergonomic Manual Crimper for 20mm caps 1 each $ 181.60

8 5190-3189 20mm Electric Crimper w/lithium battery 1 each $ 657.60

9 5190-4067 20mm HP Crimp Tool and Jaw Sets Bundle 1 each $ 1,767.20

10 5190-9599 Vial, crimp top, HS, 20 ml, clear 1000 per pack 1 pack $ 282.40

11 123-9234 DB-ALC2 30m, 0.32mm, 1.20um 1 each $ 476.80

12 123-9134 DB-ALC1 30mm, 0.32mm, 1.80um 1 each $ 476 .80

13 5190-4048 Liner, Ultra Inert, straight 0.75mm ID Recommended for SPME injections 1 each $ 35.24

14 G3188-27501 Ferrule, flexi inert 0.25mm col 10 per pack UltiMetal treated flexible metal ferrule 1 pack $ 57.32

15 G3188-27502 Ferrule, flexi, inert 0.32mm col 10 per pack 1 pack $ 57.32

16 5080-8853 Ferrule, 0.5mm ID, Graphite, 0.1-0.32mm column, short, 10 per pack 1 pack $ 48.08

17 500-2114 Ferrule, 0.4mm ID graphite, 0.05-0.25mm column 10 per pack 1 pack $ 31.36

18 5020-8292 Finger tight column nut, 0.1-0.32 mm columns 1 each $ 19.68

19 8010-0262 CrossLab Gray general-purpose inlet septa 17mm 100 per pack 1 pack $ 72.00

20 699975-302 Poroshell 120, EC-C18, 3.0x50mm, 2.7um 1 each $ 462.40

Additional Services for MSP


1

GC 7890 System Enhanced GC Features

CROSSLAB BRONZE 1/23/2020 – 1/22/2021 $ 5,268.00 US19013040 Agilent 7890B Series GC Custom

CN1833020 7697A Headspace Sampler, 111 Vial

2

GC 7890 System Enhanced GC Features

CROSSLAB BRONZE 1/23/2020 – 1/22/2021 $ 5,268.00 US19013038 Agilent 7890B Series GC Custom

CN18330040 7697A Headspace Sampler, 111 Vial

Total $ 10,536.00





various

Steve Rigg

[email protected]

Ann Gordon



CV0063535

248-220-9581


(517) 249-0454S

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[email protected]

$5,312,879.66



August 31, 2018


3 - 1 Year


Net 45


☐ P-Card ☒ PRC ☐ Other ☐ Yes ☒ NoMINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☐ ☐ August 31, 2019


N/A

$0.00 $5,312,879.66

Effective January 14, 2019, the following eight items are hereby added to the contract. All other terms, conditions, specifications and pricing remain the same. Per Agency and Vendor agreement and DTMB Central Procurement Services approval.


N/A

DESCRIPTION

CONTRACT SUMMARY

Additional Equipment and Services


1 G8015AA Agilent 5110 VDV ICP-OES 1 ea $ 60,429.44

2 5190-7001 Calibration blank solution 5 percent HNO3 for ICP-OES, MP-AES, and AA, Certified Reference Material, 500 mL 1 ea $ 59.01

3 6610030000 ICP-OES wavelength calibration solution; 500 mL, contains 50mg/L AI, As, Ba, Cd, Co, Cr, Cu, Mn, Mo, Ni, Pb, Se, Sr, Zn and 500 mg/L K in 5% HN03 & tr HF 1 ea $ 336.64

4 G8481A Agilent water chiller provides water for ICP-OES and GF-AAS applications. 1 ea $ 3,266.44

5 G8490A SPS 4 - compact 4 rack autosampler 1 ea $ 7,301.04

6 H2149A Method and Application Consulting On-Site consulting for a maximum of 4 participants. Certificates and manuals not included. 1 ea $ 5,584.00

7 G8495A AVS 7 with IntStd. Fully integrated switching valve that reduces cost per analysis and can double ICP-OES productivity. 1 ea $ 7,821.44

8 G8410-80103 SPS4 probe 1.0 mm-id, blue marker, inert. Inert, FEP sleeved for SPS 4 autosampler 1/pk 1 ea $ 176.64

STATE OF MICHIGAN ENTERPRISE PROCUREMENT Department of Technology, Management, and Budget 525 W. ALLEGAN ST., LANSING, MICHIGAN 48913 P.O. BOX 30026 LANSING, MICHIGAN 48909



to Contract Number 071B4300148

CONTRACT SUMMARY

Gas Chromatograph/Mass Spectrometer Equipment, Consumables, and Service Agreement

INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE INITIAL AVAILABLE OPTIONS EXPIRATION DATE BEFORE

September 1, 2014 August 31, 2018 3 - 1 Year August 31, 2019


Net 45 N/A


□ P-Card ☒ Direct Voucher (DV) ☐ Other □ Yes ☒ NoMINIMUM DELIVERY REQUIREMENTS

N/A DESCRIPTION OF CHANGE NOTICE


☐ ☐ August 31, 2019


$2,312,879.66 $3,000,000.00 $5,312,879.66

DESCRIPTION Effective July 17, 2018, this contract is hereby increased by $3,000,000.00 and the below equipment items are added to this contract for preventative maintenance for the Department of Health and Human Services. All other terms, conditions, specifications, and pricing remain the same. Per Vendor and Agency agreement, DTMB Central Procurement Services approval, and State Administrative Board approval on July 17, 2018.

System Name Equipment Serial

Number Coverage

Type Coverage Price Coverage Period

TS0571 Tape Station

4200

DEW0441669 CrossLab

Silver $4,332.00

6/15/2018-6/14/2019

DEDAA00571

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Wanda Rademacher MDHHS

517-241-0134

[email protected] C

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(517) 249-0454

[email protected]

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Sarah Dickson

302-636-3643

[email protected]

CV0063535

mailto:[email protected]



STATE OF MICHIGANENTERPRISE PROCUREMENTDepartment of Technology, Management, and Budget525 W. ALLEGAN ST., LANSING, MICHIGAN 48913P.O. BOX 30026 LANSING, MICHIGAN 48909




$1,887,879.66



August 31, 2018

INITIAL AVAILABLE OPTIONS EXPIRATION DATE BEFORE CHANGE(S) NOTED BELOW

3 - 1 Year


NET 45


☐ P-Card ☒ Direct Voucher (DV) ☐ Other ☐ Yes ☒ NoMINIMUM DELIVERY REQUIREMENTS



☒ 1 year ☐ August 31, 2019


N/A

$425,000.00 $2,312,879.66

Effective May 14, 2018, this contract exercising the first option year and is increased by $425,000.00. All other terms, conditions, specifications, and pricing remain the same. Per Agency and Vendor agreement and DTMB Central Procurement approval.

various

Steve Rigg

[email protected]

Sarah Dickson



CV0063535

302-636-3643


(517) 249-0454

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DTMB

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DESCRIPTION

[email protected]

CONTRACT SUMMARY




to071B4300148CContract Number

$1,830,795.66


AGILENT EQUIPMENT, CONSUMABLES, MAINTENANCE, AND REPAIR - STATEWIDE

August 31, 2018

INITIAL AVAILABLE OPTIONS EXPIRATION DATE BEFORE CHANGE(S) NOTED BELOW

3 - 1 Year


Net 45 Days


☐ P-Card ☒ Direct Voucher (DV) ☐ Other ☐ Yes ☒ NoMINIMUM DELIVERY REQUIREMENTS



☐ ☐ August 31, 2018


N/A

$57,084.00 $1,887,879.66

Effective November 6, 2017, this contract is hereby increased by $57,084.00 and the attached list of equipment is being added to this contract for the Department of Health and Human Services. All other terms, conditions, specifications, and pricing remain the same. Per Vendor and Agency agreement and DTMB Procurement approval.

various

Steve Rigg

ryan.hunsucker@@non.agilent.com

Ryan Hunsucker



*******8772

302-636-3663


(517) 284-7043

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DESCRIPTION

[email protected]

CONTRACT SUMMARY

EQUIPMENT ADDED TO CONTRACT # 071B4300148 FROM CONTRACT # 391B2200008 FOR

PREVENTATIVE MAINTENANCE

System Name

Equipment Serial

Number Coverage Type

Coverage Price

Coverage Period

SYS-GM-5975T

GCMS 5975 CN11141116 US11173721

CrossLab Silver $9,432.00 10/1/2017-9/30/2018

SYS-GM-QQQ

GCMS Triple Quad System

CN11131012 US11175605

Silver $18,648.00 10/1/2017-9/30/2018

GC 7890 System CN12251118 CrossLab Silver $3,864.00 10/1/2017-9/30/2018

GC7890 System CN12231093 CrossLab Silver $3,864.00 10/1/2017-9/30/2018

GC7890B System US13383032 CrossLab Silver $3,864.00 10/1/2017-9/30/2018

GC7890B System CN13283097 CrossLab Silver $3,864.00 10/1/2017-9/30/2018

GC7890B System US13383033 CrossLab Silver $3,864.00 10/1/2017-9/30/2018

GM-5977A GCMS 5977A Turbo CN14343118 US1434N509

CrossLab Silver $9,684.00 10/1/2017-9/30/2018

Summary of Charges: Note: These prices reflect additions, deletions and warranties.

Year Invoice Period: Prices by Invoice

Period: 1 10/1/2017-12/31/2017 $14,271.00 1 1/1/2018-3/31/2018 $14,271.00 1 4/1/2018-6/30/2018 $14,271.00 1 7/1/2018-9/30/2018 $14,271.00





$1,518,528.85



August 31, 2018


3 - 1 Year


Net 45 Days


☐ P-Card ☐ Direct Voucher (DV) ☐ Other ☐ Yes ☒ NoMINIMUM DELIVERY REQUIREMENTS



☐ ☐ August 31, 2018


N/A

$312,266.81 $1,830,795.66

Effective October 25, 2016, this Contract is hereby increased by $312,266.81. All other terms, conditions, specifications and pricing remain the same. Per contractor and agency agreement, DTMB Procurement approval, and State Administrative Board approval on October 25, 2016.

[email protected]

Carol Smith

Steve Rigg

[email protected]

Dan Poling



*******8772

800-227-9770


(517) 284-7043

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517-335-9550


DTMB

N/A

DESCRIPTION

[email protected]

CONTRACT SUMMARY

FOR THE CONTRACTOR:


Company Name

Authorized Agent Signature

Authorized Agent (Print or Type)

Date

FOR THE STATE:

Signature

Name and Title

Agency

Date

DTMB Procurement


Sharon Walenga-Maynard, Sourcing Director

AGENCY NAME PHONE EMAIL

Multi-Agency and Statewide Contracts

Program Managers

for

MDHHS Kevin Dunn (517) 335-5096 [email protected]


Form No. DTMB-3521 (Rev. 5/2015) AUTHORITY: Act 431 of 1984 COMPLETION: Required PENALTY: Contract change will not be executed unless form is filed

STATE OF MICHIGAN

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET PROCUREMENT

P.O. BOX 30026, LANSING, MI 48909 OR

525 W. ALLEGAN, LANSING, MI 48933

CHANGE NOTICE NO. 3

to

CONTRACT NO. 071B4300148

between

THE STATE OF MICHIGAN

and

NAME & ADDRESS OF CONTRACTOR PRIMARY CONTACT EMAIL

Agilent Technologies, Inc. Dan Poling [email protected]

2850 Centerville Road PHONE CONTRACTOR’S TAX ID NO. (LAST FOUR DIGITS ONLY)

Wilmington, DE 19808 800-227-9770 8772

STATE CONTACTS AGENCY NAME PHONE EMAIL

PROGRAM MANAGER / CCI

DHHS DEQ LARA

Kevin Dunn Carol Smith

Ann Whitaker

517-335-5096 517-335-9550 517-332-2132

[email protected] [email protected]

[email protected]

CONTRACT ADMINISTRATOR DTMB Melissa Sambiagio 517-284-7016 [email protected]

CONTRACT SUMMARY

DESCRIPTION: Agilent Equipment, Consumables, Maintenance, and Repair - Statewide

INITIAL EFFECTIVE DATE

INITIAL EXPIRATION DATE

INITIAL AVAILABLE OPTIONS

EXPIRATION DATE BEFORE CHANGE(S) NOTED BELOW

September 1, 2014 August 31, 2018 3, one year August 31, 2018


45 Days N/A


☐ P-card ☒ Direct Voucher (DV) ☐ Other ☐ Yes ☒ No MINIMUM DELIVERY REQUIREMENTS

N/A


EXERCISE OPTION? LENGTH OF OPTION EXERCISE EXTENSION? LENGTH OF EXTENSION

REVISED EXP. DATE

☐ ☐


$1,293,528.85 $225,000.00 $ 1,518,528.85 DESCRIPTION: Effective January 26, 2016, the Michigan Department of Health and Human Services (DHHS), is added to this contract and funding is increased by $225,000.00 to meet the anticipated needs, of the Agency, through the current contract end date. All other terms, conditions, specifications and pricing remain the same. Per contractor and agency agreement, DTMB Procurement approval, and State Administrative Board approval on January 26, 2016.


STATE OF MICHIGAN




CHANGE NOTICE NO. 2

to


between


and

NAME & ADDRESS OF CONTRACTOR PRIMARY CONTACT EMAIL

Agilent Technologies, Inc., Dan Poling [email protected]

2850 Centerville Road PHONE CONTRACTOR’S TAX ID NO. (LAST FOUR DIGITS ONLY)

Wilmington, DE 19808 800-227-9770 8772


PROGRAM MANAGER / CCI DEQ LARA

Carol Smith Ann Whitaker

517-335-9550 517-332-2132

[email protected] [email protected]

CONTRACT ADMINISTRATOR DTMB Melissa Sambiagio 517-284-7016 [email protected]

CONTRACT SUMMARY






September 1, 2014 August 31, 2018 3, one year August 31, 2018


45 Days N/A


☐ P-card ☒ Direct Voucher (DV) ☐ Other ☐ Yes ☒ No MINIMUM DELIVERY REQUIREMENTS

N/A


EXERCISE OPTION? LENGTH OF OPTION EXERCISE EXTENSION? LENGTH OF EXTENSION

REVISED EXP. DATE

☐ ☐


$1,200,258.85 $93,000.00 $1,293,258.85 DESCRIPTION: Effective July 23, 2015, Licensing and Regulatory Affairs (LARA) is added to this contract and increased by $93,000.00 to meet the anticipated needs of LARA through the current contract end date. All other terms, conditions, specifications and pricing remain the same. Per contractor and agency agreement, and DTMB Procurement approval.


STATE OF MICHIGAN




CHANGE NOTICE NO. 1

to


between


and

NAME & ADDRESS OF CONTRACTOR: PRIMARY CONTACT EMAIL


2850 Centerville Road TELEPHONE CONTRACTOR #, MAIL CODE

Wilmington, DE 19808 800-227-9770

STATE CONTACTS AGENCY NAME PHONE EMAIL CONTRACT COMPLIANCE

INSPECTOR DEQ Carol Smith 517-335-9550 [email protected]

BUYER DTMB Melissa Sambiagio 517-284-7016 [email protected]

CONTRACT SUMMARY:






9/1/2014 8/31/2018 3 – one year 8/31/2018

PAYMENT TERMS F.O.B SHIPPED SHIPPED FROM

45 Days Delivered 30 Days ARO N/A

ALTERNATE PAYMENT OPTIONS: AVAILABLE TO MiDEAL PARTICIPANTS

P-card Direct Voucher (DV) Other Yes No MINIMUM DELIVERY REQUIREMENTS:

None

DESCRIPTION OF CHANGE NOTICE: EXTEND CONTRACT EXPIRATION DATE

EXERCISE CONTRACT OPTION YEAR(S)

EXTENSION BEYOND CONTRACT OPTION YEARS

LENGTH OF OPTION/EXTENSION

EXPIRATION DATE AFTER CHANGE

No Yes 8/31/2018

VALUE/COST OF CHANGE NOTICE: ESTIMATED REVISED AGGREGATE CONTRACT VALUE:

$ 1,013,115.95 $1,200,528.85 Effective March 31, 2015, this contract is hereby increased by $1,013,115.95 to meet the anticipated need of DEQ through the current contract end date. The contract description has been modified to reflect actual contract request of “Equipment, Consumables, and Service/Maintenance”. Please note the Contract Administrator has been changed to Melissa Sambiagio. All other terms, conditions, specifications, and pricing remain the same. Per contractor and agency agreement, DTMB Procurement approval, and State Administrative Board approval on March 31, 2015.

Form No. DTMB-3522 (Rev. 4/2012) AUTHORITY: Act 431 of 1984 COMPLETION: Required PENALTY: Contract will not be executed unless form is filed

STATE OF MICHIGAN





between


and

NAME & ADDRESS OF CONTRACTOR: PRIMARY CONTACT EMAIL


2850 Centerville Rd TELEPHONE CONTRACTOR #, MAIL CODE

Wilmington DE, 19808 800-227-9770


CONTRACT COMPLIANCE INSPECTOR: MDEQ Carol Smith 517-335-9550 [email protected]

BUYER: DTMB Yvon Dufour 517-284-6996 [email protected]

CONTRACT SUMMARY: DESCRIPTION: Agilent Gas Chromatograph/Mass Spectrometers

Optional Use

INITIAL TERM EFFECTIVE DATE INITIAL EXPIRATION DATE AVAILABLE OPTIONS

Four Years September 1, 2014 August 31, 2018 Three One year Options

PAYMENT TERMS F.O.B SHIPPED SHIPPED FROM

Net 45 Days Delivered 30 Days ARO N/A

ALTERNATE PAYMENT OPTIONS: AVAILABLE TO MiDEAL PARTICIPANTS

P-card Direct Voucher (DV) Other YES NO

MINIMUM DELIVERY REQUIREMENTS:

No minimum order requirement

MISCELLANEOUS INFORMATION:

N/A

ESTIMATED CONTRACT VALUE AT TIME OF EXECUTION: $187,412.90 THIS IS NOT AN ORDER: This Contract Agreement is awarded on the basis of our inquiry bearing the solicitation #007114B0002264. Orders for delivery will be issued through the issuance of a Purchase Order Form.

Form No. DTMB-3522 (Rev. 4/2012)

Notice of Contract #: 071B4300148

FOR THE CONTRACTOR: FOR THE STATE: Agilent Technologies, Inc.

Firm Name Signature Sharon Walenga-Maynard, Sourcing Director

Authorized Agent Signature Name/Title

DTMB Procurement Authorized Agent (Print or Type) Enter Name of Agency

Date Date

.............................................................................................................. CONTRACT #071B4300148

This STANDARD CONTRACT (“Contract”) is agreed to between the State of Michigan (the “State”) and Agilent Technologies, Incorporated (“Contractor”), a Delaware Corporation. This Contract is effective on September 1, 2014 (“Effective Date”), and unless terminated, expires on August 31, 2018.

This Contract may be renewed for up to three additional one year period(s). Renewal must be by written agreement of the parties.

The parties agree as follows:

1. Duties of Contractor. Contractor must perform the services and provide the deliverables described in Exhibit A – Statement of Work (the “Contract Activities”). An obligation to provide delivery of any commodity is considered a service and is a Contract Activity. Contractor must furnish all labor, equipment, materials, and supplies necessary for the performance of the Contract Activities, and meet operational standards, unless otherwise specified in Exhibit A.

Contractor must: (a) perform the Contract Activities in a timely, professional, safe, and workmanlike manner consistent with standards in the trade, profession, or industry; (b) meet or exceed the performance and operational standards, and specifications of the Contract; (c) provide all Contract Activities in good quality, with no material defects; (d) not interfere with the State’s operations; (e) obtain and maintain all necessary licenses, permits or other authorizations necessary for the performance of the Contract; (f) cooperate with the State, including the State’s quality assurance personnel, and any third party to achieve the objectives of the Contract; (g) return to the State any State-furnished equipment or other resources in the same condition as when provided when no longer required for the Contract; (h) not make any media releases without prior written authorization from the State; (i) assign to the State any claims resulting from state or federal antitrust violations to the extent that those violations concern materials or services supplied by third parties toward fulfillment of the Contract; (j) comply with all State physical and IT security policies and standards which will be made available upon request; and (k) provide the State priority in performance of the Contract except as mandated by federal disaster response requirements. Any breach under this paragraph is considered a material breach.

Contractor must also be clearly identifiable while on State property by wearing identification issued by the State, and clearly identify themselves whenever making contact with the State.

2. Notices. All notices and other communications required or permitted under this Contract must be in writing and will be considered given and received: (a) when verified by written receipt if sent by courier; (b) when actually received if sent by mail without verification of receipt; or (c) when verified by automated receipt or electronic logs if sent by facsimile or email.

If to State: If to Contractor: Yvon Dufour 525 W. Allegan Constitution Hall 1st Floor NE

Lansing, MI 48933 [email protected] (517) 284-6996

Contracts Administration Department

2850 Centerville Road Wilmington, DE 19808-1610 [email protected] Facsimile: 302-993-5788 Phone: 800-227-9770

3. Contract Administrator. The Contract Administrator for each party is the only person authorized to

modify any terms and conditions of this Contract (each a “Contract Administrator”): State:

Yvon Dufour 525 W. Allegan Constitution Hall 1st Floor NE

Lansing, MI 48933 [email protected] (517) 284-6996

Contractor: Bill Wynne 2850 Centerville Road Wilmington, DE 19808-1610 [email protected] 302-633-7473

4. Program Manager. The Program Manager for each party will monitor and coordinate the day-to-day

activities of the Contract (each a “Program Manager”):

STATE OF MICHIGAN

STANDARD CONTRACT TERMS

............................................................................................................................. CONTRACT #071B4300148

7

State: Carol Smith 3350 Martin Luther King Blvd, Bldg 44, 3rd Floor Lansing MI 48906 [email protected] 517-335-9600

Contractor: Mary Cuddyre 2850 Centerville Road Wilmington, DE 19808-1610 [email protected] 302-633-8098

5. Performance Guarantee. Contractor must at all times have financial resources sufficient, in the

opinion of the State, to ensure performance of the Contract and must provide proof upon request. The State may require a performance bond (as specified in Exhibit A) if, in the opinion of the State, it will ensure performance of the Contract.

6. Insurance Requirements. Contractor must maintain the insurances identified below and is responsible

for all deductibles. All required insurance must: (a) protect the State from claims that may arise out of, are alleged to arise out of, or result from Contractor's or a subcontractor's performance; (b) be primary and non-contributing to any comparable liability insurance (including self-insurance) carried by the State; and (c) be provided by an company with an A.M. Best rating of "A" or better and a financial size of VII or better.

Insurance Type Additional Requirements

Commercial General Liability Insurance

Minimal Limits: $1,000,000 Each Occurrence Limit $1,000,000 Personal & Advertising Injury Limit $2,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations Deductible Maximum: $50,000 Each Occurrence

Contractor must have their policy: (1) endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds using endorsement CG 20 10 11 85, or both CG 2010 07 04 and CG 2037 07 04; (2) include a waiver of subrogation; and (3) for a claims-made policy, provide 3 years of tail coverage.

Umbrella or Excess Liability Insurance

Minimal Limits: $5,000,000 General Aggregate

Contractor must have their policy: (1) endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds, and (2) include a waiver of subrogation.

Motor Vehicle Insurance

Minimal Limits: $1,000,000 Per Occurrence

Workers' Compensation Insurance

Minimal Limits: Coverage according to applicable laws governing work activities.

Waiver of subrogation, except where waiver is prohibited by law.

Employers Liability Insurance

Minimal Limits: $100,000 Each Accident $100,000 Each Employee by Disease $500,000 Aggregate Disease.

.................................................................................. CONTRACT #071B4300148

8

If Contractor's policy contains limits higher than the minimum limits, the State is entitled to coverage to the extent of the higher limits. The minimum limits are not intended, and may not be construed to limit any liability or indemnity of Contractor to any indemnified party or other persons.

Contractor must: (a) provide insurance certificates to the Contract Administrator, containing the agreement or purchase order number, at Contract formation and within 20 calendar days of the expiration date of the applicable policies; (b) require that subcontractors maintain the required insurances contained in this Section; (c) notify the Contract Administrator within 5 business days if any insurance is cancelled; and (d) waive all rights against the State for damages covered by insurance. Failure to maintain the required insurance does not limit this waiver.

7. RESERVED 8. RESERVED

9. Independent Contractor. Contractor is an independent contractor and assumes all rights, obligations and liabilities set forth in this Contract. Contractor, its employees, and agents will not be considered employees of the State. No partnership or joint venture relationship is created by virtue of this Contract. Contractor, and not the State, is responsible for the payment of wages, benefits and taxes of Contractor’s employees and any subcontractors. Prior performance does not modify Contractor’s status as an independent contractor.

10. Subcontracting. Contractor may not delegate any of its obligations under the Contract without the prior written approval of the State. Contractor must notify the State at least 90 calendar days before the proposed delegation, and provide the State any information it requests to determine whether the delegation is in its best interest. If approved, Contractor must: (a) be the sole point of contact regarding all contractual matters, including payment and charges for all Contract Activities; (b) make all payments to the subcontractor; and (c) incorporate the terms and conditions contained in this Contract in any subcontract with a subcontractor. Contractor remains responsible for the completion of the Contract Activities, compliance with the terms of this Contract, and the acts and omissions of the subcontractor. The State, in its sole discretion, may require the replacement of any subcontractor.

11. Staffing. The State’s Contract Administrator may require Contractor to remove or reassign personnel by providing a notice to Contractor.

12. Background Checks. Upon request, Contractor must perform background checks on all employees and subcontractors and its employees prior to their assignment. The scope is at the discretion of the State and documentation must be provided as requested. Contractor is responsible for all costs associated with the requested background checks. The State, in its sole discretion, may also perform background checks.

13. Assignment. Contractor may not assign this Contract to any other party without the prior approval of the State. Upon notice to Contractor, the State, in its sole discretion, may assign in whole or in part, its rights or responsibilities under this Contract to any other party. If the State determines that a novation of the Contract to a third party is necessary, Contractor will agree to the novation, provide all necessary documentation and signatures, and continue to perform, with the third party, its obligations under the Contract.

14. Change of Control. Contractor will notify, at least 90 calendar days before the effective date, the State of a change in Contractor’s organizational structure or ownership. For purposes of this Contract, a change in control means any of the following: (a) a sale of more than 50% of Contractor’s stock; (b) a sale of substantially all of Contractor’s assets; (c) a change in a majority of Contractor’s board members; (d) consummation of a merger or consolidation of Contractor with any other entity; (e) a change in ownership through a transaction or series of transactions; (f) or the board (or the stockholders) approves a plan of complete liquidation. A change of control does not include any consolidation or merger effected exclusively to change the domicile of Contractor, or any transaction or series of transactions principally for bona fide equity financing purposes.

In the event of a change of control, Contractor must require the successor to assume this Contract and all of its obligations under this Contract.

15. Ordering. Contractor is not authorized to begin performance until receipt of an authorizing document as identified in Exhibit A.

16. Acceptance. Contract Activities are subject to inspection and testing by the State within 30 calendar days of the State’s receipt of them (“State Review Period”), unless otherwise provided in Exhibit A. If the Contract Activities are not fully accepted by the State, the State will notify Contractor by the end of the State Review Period that either: (a) the Contract Activities are accepted, but noted deficiencies must be corrected; or (b) the

............................................................................................................................. CONTRACT #071B4300148

9

Contract Activities are rejected. If the State finds material deficiencies, it may: (i) reject the Contract Activities without performing any further inspections; (ii) demand performance at no additional cost; or (iii) terminate this Contract in accordance with Section 23, Termination for Cause.

Within 10 business days from the date of Contractor’s receipt of notification of acceptance with deficiencies or rejection of any Contract Activities, Contractor must cure, at no additional cost, the deficiency and deliver unequivocally acceptable Contract Activities to the State. If acceptance with deficiencies or rejection of the Contract Activities impacts the content or delivery of other non-completed Contract Activities, the parties’ respective Program Managers must determine an agreed to number of days for re-submission that minimizes the overall impact to the Contract. However, nothing herein affects, alters, or relieves Contractor of its obligations to correct deficiencies in accordance with the time response standards set forth in this Contract.

If Contractor is unable or refuses to correct the deficiency within the time response standards set forth in this Contract, the State may cancel the order in whole or in part. The State, or a third party identified by the State, may perform the Contract Activities and recover the difference between the cost to cure and the Contract price plus an additional 10% administrative fee.

17. Delivery. Contractor must deliver all Contract Activities F.O.B. destination, within the State premises with transportation and handling charges paid by Contractor, unless otherwise specified in Exhibit A. All containers and packaging becomes the State’s exclusive property upon acceptance.

18. Risk of Loss and Title. Until final acceptance, title and risk of loss or damage to Contract Activities remains with Contractor. Contractor is responsible for filing, processing, and collecting all damage claims. The State will record and report to Contractor any evidence of visible damage. If the State rejects the Contract Activities, Contractor must remove them from the premises within 10 days after notification of rejection. The risk of loss of rejected or non-conforming Contract Activities remains with Contractor. Rejected Contract Activities not removed by Contractor within 10 days will be deemed abandoned by Contractor, and the State will have the right to dispose of it as its own property. Contractor must reimburse the State for costs and expenses incurred in storing or effecting removal or disposition of rejected Contract Activities.

19. Warranty Period. The warranty period, if applicable, for Contract Activities is a fixed period commencing on the date specified in Exhibit A. If the Contract Activities do not function as warranted during the warranty period the State may return such non-conforming Contract Activities to the Contractor for a full refund.

20. Terms of Payment. Invoices must conform to the requirements communicated from time-to-time by the State. All undisputed amounts are payable within 45 days of the State’s receipt. Contractor may only charge for Contract Activities performed as specified in Exhibit A. Invoices must include an itemized statement of all charges. The State is exempt from State sales tax for direct purchases and may be exempt from federal excise tax, if Contract Activities purchased under the Contract are for the State’s exclusive use. Prices are exclusive of all taxes, and Contractor shall be solely responsible for payment of any applicable taxes.

The State has the right to withhold payment of any disputed amounts until the parties agree as to the validity of the disputed amount. The State will notify Contractor of any dispute within a reasonable time. Payment by the State will not constitute a waiver of any rights as to Contractor’s continuing obligations, including claims for deficiencies or substandard Contract Activities. Contractor’s acceptance of final payment by the State constitutes a waiver of all claims by Contractor against the State for payment under this Contract, other than those claims previously filed in writing on a timely basis and still disputed.

The State will only disburse payments under this Contract through Electronic Funds Transfer (EFT). Contractor must register with the State at http://www.michigan.gov/cpexpress to receive electronic fund transfer payments. If Contractor does not register, the State is not liable for failure to provide payment. Without prejudice to any other right or remedy it may have, the State reserves the right to set off at any time any amount then due and owing to it by Contractor against any amount payable by the State to Contractor under this Contract.

21. Liquidated Damages RESERVED

22. Stop Work Order. The State may suspend any or all activities under the Contract at any time. The State will provide Contractor a written stop work order detailing the suspension. Contractor must comply with the stop work order upon receipt. Within 90 days, or any longer period agreed to by Contractor, the State will either: (a) issue a notice authorizing Contractor to resume work, or (b) terminate the Contract or purchase order. The State will not pay for Contract Activities, Contractor’s lost profits, or any additional compensation during a stop work period.

............................................................................................................................. CONTRACT #071B4300148

10

23. Termination for Cause. The State may terminate this Contract for cause, in whole or in part, if Contractor, as determined by the State: (a) endangers the value, integrity, or security of any location, data, or personnel; (b) becomes insolvent, petitions for bankruptcy court proceedings, or has an involuntary bankruptcy proceeding filed against it by any creditor; (c) engages in any conduct that may expose the State to liability; (d) breaches any of its material duties or obligations; or (e) fails to cure a breach within the time stated in a notice of breach. Any reference to specific breaches being material breaches within this Contract will not be construed to mean that other breaches are not material.

If the State terminates this Contract under this Section, the State will issue a termination notice specifying whether Contractor must: (a) cease performance immediately, or (b) continue to perform for a specified period. If it is later determined that Contractor was not in breach of the Contract, the termination will be deemed to have been a Termination for Convenience, effective as of the same date, and the rights and obligations of the parties will be limited to those provided in that Section.

The State will only pay for amounts due to Contractor for Contract Activities accepted by the State on or before the date of termination, subject to the State’s right to set off any amounts owed by the Contractor for the State’s reasonable costs in terminating this Contract. The Contractor must pay all reasonable costs incurred by the State in terminating this Contract for cause, including administrative costs, attorneys’ fees, court costs, transition costs, and any costs the State incurs to procure the Contract Activities from other sources.

24. Termination for Convenience. The State may immediately terminate this Contract in whole or in part without penalty and for any reason, including but not limited to, appropriation or budget shortfalls. The termination notice will specify whether Contractor must: (a) cease performance of the Contract Activities immediately, or (b) continue to perform the Contract Activities in accordance with Section 25, Transition Responsibilities. If the State terminates this Contract for convenience, the State will pay all reasonable costs, as determined by the State, for State approved “Transition Responsibilities.”

25. Transition Responsibilities. Upon termination or expiration of this Contract for any reason, Contractor must, for a period of time specified by the State (not to exceed 90 days), provide all reasonable transition assistance requested by the State, to allow for the expired or terminated portion of the Contract Activities to continue without interruption or adverse effect, and to facilitate the orderly transfer of such Contract Activities to the State or its designees. Such transition assistance may include but is not limited to: (a) continuing to perform the Contract Activities at the established Contract rates; (b) taking all reasonable and necessary measures to transition performance of the work, including all applicable Contract Activities, training, equipment, software, leases, reports and other documentation, to the State or the State’s designee; (c) taking all necessary and appropriate steps, or such other action as the State may direct, to preserve, maintain, protect, or return to the State all materials, data, property, and confidential information provided directly or indirectly to Contractor by any entity, agent, vendor, or employee of the State; (d) transferring title in and delivering to the State, at the State’s discretion, all completed or partially completed deliverables prepared under this Contract as of the Contract termination date; and (e) preparing an accurate accounting from which the State and Contractor may reconcile all outstanding accounts (collectively, “Transition Responsibilities”). This Contract will automatically be extended through the end of the transition period.

26. General Indemnification. Contractor must defend, indemnify and hold the State, its departments, divisions, agencies, offices, commissions, officers, and employees harmless, without limitation, from and against any and all actions, claims, losses, liabilities, damages, costs, attorney fees, and expenses (including those required to establish the right to indemnification), arising out of or relating to: (a) any breach by Contractor (or any of Contractor’s employees, agents, subcontractors, or by anyone else for whose acts any of them may be liable) of any of the promises, agreements, representations, warranties, or insurance requirements contained in this Contract; (b) any bodily injury, death, or damage to real or tangible personal property occurring wholly or in part due to action or inaction by Contractor (or any of Contractor’s employees, agents, subcontractors, or by anyone else for whose acts any of them may be liable); and (c) any acts or omissions of Contractor (or any of Contractor’s employees, agents, subcontractors, or by anyone else for whose acts any of them may be liable). The State will notify Contractor in writing if indemnification is sought; however, failure to do so will not relieve Contractor, except to the extent that Contractor is materially prejudiced. Contractor must, to the satisfaction of the State, demonstrate its financial ability to carry out these obligations. The State is entitled to: (i) regular updates on proceeding status; (ii) participate in the defense of the proceeding; (iii) employ its own counsel; and to (iv) retain control of the defense if the State deems necessary. Contractor will not, without the State’s written consent (not to be unreasonably withheld), settle, compromise, or consent to the

............................................................................................................................. CONTRACT #071B4300148

11

entry of any judgment in or otherwise seek to terminate any claim, action, or proceeding. To the extent that any State employee, official, or law may be involved or challenged, the State may, at its own expense, control the defense of that portion of the claim. Any litigation activity on behalf of the State, or any of its subdivisions under this Section and Section 27, Intellectual Property Indemnification, must be coordinated with the Department of Attorney General. An attorney designated to represent the State may not do so until approved by the Michigan Attorney General and appointed as a Special Assistant Attorney General.

27. Intellectual Property Indemnification. Contractor must defend, indemnify and hold the State, its

departments, divisions, agencies, offices, commissions, officers, and employees harmless, without limitation, from and against any claims arising out of or relating to copyright, patent, trademark, or trade secret infringement. Notwithstanding the foregoing, Contractor has no obligation to pay any costs, damages or attorneys’ fees related to any infringement claim that arises out of: (a) compliance with designs, plans, or specifications furnished by or on behalf of the State as to any piece of equipment, software, commodity, or service, or (b) the combination, operation or use of the equipment, software or commodity with equipment, software or commodities not supplied by Contractor under this Contract. If, in either party’s opinion, any piece of equipment, software, commodity or service supplied by Contractor or its subcontractors, or its operation, use or reproduction, is likely to become the subject of a copyright, patent, trademark, or trade secret infringement claim, Contractor must, at its expense: (a) procure for the State the right to continue using the equipment, software, commodity, or service, or if this option is not reasonably available to Contractor, (b) replace or modify the same so that it becomes non-infringing; or (c) accept its return by the State with appropriate credits to the State against Contractor’s charges and reimburse the State for any losses or costs incurred as a consequence of the State ceasing its use and returning it.

28. Limitation of Liability. The State is not liable for consequential, incidental, indirect, or special damages, regardless of the nature of the action.

29. Disclosure of Litigation, or Other Proceeding. Contractor must notify the State within 14 calendar days of receiving notice of any litigation, investigation, arbitration, or other proceeding (collectively, “Proceeding”) involving Contractor, a subcontractor, or an officer or director of Contractor or subcontractor, that arises during the term of the Contract, including: (a) a criminal Proceeding; (b) a parole or probation Proceeding; (c) a Proceeding under the Sarbanes-Oxley Act; (d) a civil Proceeding involving: (1) a claim that might reasonably be expected to adversely affect Contractor’s viability or financial stability; or (2) a governmental or public entity’s claim or written allegation of fraud; or (e) a Proceeding involving any license that Contractor is required to possess in order to perform under this Contract.

30. State Data. All data and information provided to Contractor by or on behalf of the State, and all data and

information derived therefrom, is the exclusive property of the State (“State Data”); this definition is to be construed as broadly as possible. Upon request, Contractor must provide to the State, or a third party designated by the State, all State Data within 10 calendar days of the request and in the format requested by the State. Contractor will assume all costs incurred in compiling and supplying State Data. No State Data may be used for any marketing purposes.

31. RESERVED 32. Non-Disclosure of Confidential Information. The parties acknowledge that each party may be exposed to

or acquire communication or data of the other party that is confidential, privileged communication not intended to be disclosed to third parties. The provisions of this Section survive the termination of this Contract.

a. Meaning of Confidential Information. For the purposes of this Contract, the term “Confidential Information” means all information and documentation of a party that: (a) has been marked “confidential” or with words of similar meaning, at the time of disclosure by such party; (b) if disclosed orally or not marked “confidential” or with words of similar meaning, was subsequently summarized in writing by the disclosing party and marked “confidential” or with words of similar meaning; and, (c) should reasonably be recognized as confidential information of the disclosing party. The term “Confidential Information” does not include any information or documentation that was: (a) subject to disclosure under the Michigan Freedom of Information Act (FOIA); (b) already in the possession of the receiving party without an obligation of confidentiality; (c) developed independently by the receiving party, as demonstrated by the receiving party, without violating the

............................................................................................................................. CONTRACT #071B4300148

12

disclosing party’s proprietary rights; (d) obtained from a source other than the disclosing party without an obligation of confidentiality; or, (e) publicly available when received, or thereafter became publicly available (other than through any unauthorized disclosure by, through, or on behalf of, the receiving party). For purposes of this Contract, in all cases and for all matters, State Data is deemed to be Confidential Information.

b. Obligation of Confidentiality. The parties agree to hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third parties other than employees, agents, or subcontractors of a party who have a need to know in connection with this Contract or to use such Confidential Information for any purposes whatsoever other than the performance of this Contract. The parties agree to advise and require their respective employees, agents, and subcontractors of their obligations to keep all Confidential Information confidential. Disclosure to a subcontractor is permissible where: (a) use of a subcontractor is authorized under this Contract; (b) the disclosure is necessary or otherwise naturally occurs in connection with work that is within the subcontractor's responsibilities; and (c) Contractor obligates the subcontractor in a written contract to maintain the State's Confidential Information in confidence. At the State's request, any employee of Contractor or any subcontractor may be required to execute a separate agreement to be bound by the provisions of this Section.

c. Cooperation to Prevent Disclosure of Confidential Information. Each party must use its best efforts to assist the other party in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the foregoing, each party must advise the other party immediately in the event either party learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Contract and each party will cooperate with the other party in seeking injunctive or other equitable relief against any such person.

d. Remedies for Breach of Obligation of Confidentiality. Each party acknowledges that breach of its obligation of confidentiality may give rise to irreparable injury to the other party, which damage may be inadequately compensable in the form of monetary damages. Accordingly, a party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available, to include, in the case of the State, at the sole election of the State, the immediate termination, without liability to the State, of this Contract or any Statement of Work corresponding to the breach or threatened breach.

e. Surrender of Confidential Information upon Termination. Upon termination of this Contract or a Statement of Work, in whole or in part, each party must, within five (5) calendar days from the date of termination, return to the other party any and all Confidential Information received from the other party, or created or received by a party on behalf of the other party, which are in such party’s possession, custody, or control; provided, however, that Contractor must return State Data to the State following the timeframe and procedure described further in this Contract. Should Contractor or the State determine that the return of any non-State Data Confidential Information is not feasible, such party must destroy the non-State Data Confidential Information and must certify the same in writing within five (5) calendar days from the date of termination to the other party.

33. RESERVED 34. RESERVED 35. RESERVED

36. Records Maintenance, Inspection, Examination, and Audit. Under MCL 18.1470, the State or its

designee may audit Contractor to verify compliance with this Contract. Contractor must retain, and provide to the State or its designee and the auditor general upon request, all financial and accounting records related to the Contract through the term of the Contract and for 7 years after the latter of termination, expiration, or final payment under this Contract or any extension (“Audit Period”). If an audit, litigation, or other action involving the records is initiated before the end of the Audit Period, Contractor must retain the records until all issues are resolved.

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Within 10 days of providing notice, the State and its authorized representatives or designees have the right to enter and inspect Contractor's premises or any other places where Contract Activities are being performed, and examine, copy, and audit all records related to this Contract. Contractor must cooperate and provide reasonable assistance. If any financial errors are revealed, the amount in error must be reflected as a credit or debit on subsequent invoices until the amount is paid or refunded. Any remaining balance at the end of the Contract must be paid or refunded within 45 calendar days.

This Section applies to Contractor, any parent, affiliate, or subsidiary organization of Contractor, and any subcontractor that performs Contract Activities in connection with this Contract.

37. Warranties and Representations. Contractor represents and warrants: (a) Contractor is the owner or licensee of any Contract Activities that it licenses, sells, or develops and Contractor has the rights necessary to convey title, ownership rights, or licensed use; (b) all Contract Activities are delivered free from any security interest, lien, or encumbrance and will continue in that respect; (c) the Contract Activities will not infringe the patent, trademark, copyright, trade secret, or other proprietary rights of any third party; (d) Contractor must assign or otherwise transfer to the State or its designee any manufacturer's warranty for the Contract Activities; (e) the Contract Activities are merchantable and fit for the specific purposes identified in the Contract; (f) the Contract signatory has the authority to enter into this Contract; (g) all information furnished by Contractor in connection with the Contract fairly and accurately represents Contractor's business, properties, finances, and operations as of the dates covered by the information, and Contractor will inform the State of any material adverse changes; and (h) all information furnished and representations made in connection with the award of this Contract is true, accurate, and complete, and contains no false statements or omits any fact that would make the information misleading. A breach of this Section is considered a material breach of this Contract, which entitles the State to terminate this Contract under Section 23, Termination for Cause.

38. Conflicts and Ethics. Contractor will uphold high ethical standards and is prohibited from: (a) holding or acquiring an interest that would conflict with this Contract; (b) doing anything that creates an appearance of impropriety with respect to the award or performance of the Contract; (c) attempting to influence or appearing to influence any State employee by the direct or indirect offer of anything of value; or (d) paying or agreeing to pay any person, other than employees and consultants working for Contractor, any consideration contingent upon the award of the Contract. Contractor must immediately notify the State of any violation or potential violation of these standards. This Section applies to Contractor, any parent, affiliate, or subsidiary organization of Contractor, and any subcontractor that performs Contract Activities in connection with this Contract.

39. Compliance with Laws. Contractor must comply with all federal, state and local laws, rules and regulations.

40. RESERVED

41. Nondiscrimination. Under the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., Contractor and its subcontractors agree not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, marital status, or mental or physical disability. Breach of this covenant is a material breach of this Contract.

42. Unfair Labor Practice. Under MCL 423.324, the State may void any Contract with a Contractor or subcontractor who appears on the Unfair Labor Practice register complied under MCL 423.322.

43. Governing Law. This Contract is governed, construed, and enforced in accordance with Michigan law, excluding choice-of-law principles, and all claims relating to or arising out of this Contract are governed by Michigan law, excluding choice-of-law principles. Any dispute arising from this Contract must be resolved in Michigan Court of Claims. Contractor consents to venue in Ingham County, and waives any objections, such as lack of personal jurisdiction or forum non conveniens. Contractor must appoint agents in Michigan to receive service of process.

44. Non-Exclusivity. Nothing contained in this Contract is intended nor shall be construed as creating any

requirements contract with Contractor. This Contract does not restrict the State or its agencies from acquiring similar, equal, or like Contract Activities from other sources.

45. Force Majeure. Neither party will be in breach of this Contract because of any failure arising from any disaster or acts of god that are beyond their control and without their fault or negligence. Each party will use commercially reasonable efforts to resume performance. Contractor will not be relieved of a breach or delay

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caused by its subcontractors. If immediate performance is necessary to ensure public health and safety, the State may immediately contract with a third party.

46. Dispute Resolution. The parties will endeavor to resolve any Contract dispute in accordance with this

provision. The dispute will be referred to the parties' respective Contract Administrators or Program Managers. Such referral must include a description of the issues and all supporting documentation. The parties must submit the dispute to a senior executive if unable to resolve the dispute within 15 business days. The parties will continue performing while a dispute is being resolved, unless the dispute precludes performance. A dispute involving payment does not preclude performance.

Litigation to resolve the dispute will not be instituted until after the dispute has been elevated to the parties’ senior executive and either concludes that resolution is unlikely, or fails to respond within 15 business days. The parties are not prohibited from instituting formal proceedings: (a) to avoid the expiration of statute of limitations period; (b) to preserve a superior position with respect to creditors; or (c) where a party makes a determination that a temporary restraining order or other injunctive relief is the only adequate remedy. This Section does not limit the State’s right to terminate the Contract.

47. Media Releases. News releases (including promotional literature and commercial advertisements) pertaining

to the Contract or project to which it relates must not be made without prior written State approval, and then only in accordance with the explicit written instructions of the State.

48. Website Incorporation. The State is not bound by any content on Contractor’s website unless expressly incorporated directly into this Contract.

49. Order of Precedence. In the event of a conflict between the terms and conditions of the Contract, the exhibits, a purchase order, or an amendment, the order of precedence is: (a) the purchase order; (b) the amendment; (c) Exhibit A; (d) any other exhibits; and (e) the Contract.

50. Severability. If any part of this Contract is held invalid or unenforceable, by any court of competent

jurisdiction, that part will be deemed deleted from this Contract and the severed part will be replaced by agreed upon language that achieves the same or similar objectives. The remaining Contract will continue in full force and effect.

51. Waiver. Failure to enforce any provision of this Contract will not constitute a waiver.

52. Survival. The provisions of this Contract that impose continuing obligations, including warranties and

representations, termination, transition, insurance coverage, indemnification, and confidentiality, will survive the expiration or termination of this Contract.

53. Entire Contract and Modification. This Contract is the entire agreement and replaces all previous agreements between the parties for the Contract Activities. This Contract may not be amended except by signed agreement between the parties (a “Contract Change Notice”).

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STATE OF MICHIGAN

Contract No. 071B4300148 Agilent Gas Chromatograph/Mass Spectrometers with autosampler

EXHIBIT A

STATEMENT OF WORK CONTRACT ACTIVITIES

This exhibit identifies the requirements of the Contract. The Contract is for a four (4) year term and may be renewed for up to three (3) additional one (1) year periods.

Requirement 1.1 Project Identification 1.1.1 Project Request This Contract is for the purchase of Agilent Technologies equipment, consumables, and service/maintenance agreements and repair. Initially this Contract will serve the Department of Environmental Quality (DEQ). The State reserves the right to consolidate other State of Michigan purchases for Agilent Technologies equipment, consumables, maintenance or repair under this Contract The State reserves the right to modify Contract items to meet the State of Michigan’s needs as well as Extended Purchasing Participants. 1.1.2 Background The DEQ’s Lab has standardized Gas Chromatograph and Gas Chromatograph/Mass Spectrometer equipment to Agilent. This contract will be used to add to and maintain the current Agilent laboratory fleet. 1.2 Scope of Work and Deliverable(s) 1.2.1 In Scope This Contract is to supply the State of Michigan’s needs for the purchase of consumables, Gas Chromatograph/Mass Spectrometer instrumentation, and service/maintenance agreements. DEQ anticipates the purchase of Gas Chromatograph/Mass Spectrometer instrumentation for use in Environmental analysis. The instrumentation must meet all DEQ requirements. 1.2.2 Deliverable(s) The Contractor must be the manufacturer or an authorized distributor. Product substitution is not allowable unless written approval is received through the issuance of a Contract Change Notice.

A. DEQ’s equipment, software, and consumable needs include, but are not limited to: 1. Equipment and Software Two (2) Agilent 5977A inert MSD with data system including a printer, performance turbo Pump and inert El

Source. Must include open lab chemstation and MassHunter software. Must include Excel. Must include software familiarization. (G7042AA)

Two (2) Ion Gauge Kits for 5977 MSD (G3397B). Two (2) Agilent 7890C GC for MS with SSL inlet. Includes 100psi split-splitless inlet LAN interface and MS

interface (for Agilent 5977 Series MSD) (G3442B) Two(2) NIST 2011 MS Library Bundle which includes 243K spectra with names, structures, etc (G1033A) One (1) Agilent 7693A Auto-injector includes transfer turret, 16-sample turret, mounting post, parking for

GC, 10uL syringe and solvent bottles. (G4513A) One (1) 7693 Tray, 150 vial includes 3 removable 50-vial racks and GC mounting bracket. (G4514A) Equipment should be delivered with all product literature, manuals, and any other applicable documentation Must include IT Software, patches and upgrades. Must include 1 year warranty from installation date. Must include all shipping/freight/ handling fees. Must include installation and familiarization.

All items MUST be NEW.

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Consumables a. DEQ’s consumables needs include, but are not limited to:

o Columns o Vials o Caps o Liners

Service Agreements/Repair

a. The Contractor must be the manufacturer or an authorized service provider. b. The Contractor must have access to manufacturer instrument parts and possess a thorough

knowledge of the operation, maintenance, and repair of these instruments. c. The following instruments are covered under the service agreement: (TBD, as warranties expire) d. The equipment is located at the following locations:

The State Lab 3350 N. Martin Luther King Blvd,

Bldg 44, 3rd Floor Lansing MI 48906

The Contractor is responsible to conduct all services on the instruments, per the manufacturer’s instructions. General Requirements

a. The Contractor must use original manufacturer replacement parts for all warranty, preventative maintenance, and repairs. If parts are replaced, documentation that parts replaced were original manufacturer replacement parts must be provided with each field service report.

b. Any and all software upgrades and patches are provided without cost to the State of Michigan. The Contractor must provide on-site training after each software change, enhancement, or upgrade upon request. The Contractor must provide and maintain software on the primary equipment set-up and on a backup computer provided by the State of Michigan.

c. The Contractor shall have a Michigan sales representative that can meet at State locations no less

than once per year. 1.2.3 Quantity/Minimum Order The State is not obligated to purchase in any specific quantity. The State requests there be no minimum order. 1.2.4 Warranties A one (1) year manufacturer warranty from date of installation is included. The warranty period begins upon installation and successful performance verification. All consumables include a 90 day warranty. 1.3.1 Reports The Contractor must provide a field service report for each site visit, whether warranty, preventative maintenance, or a repair visit. If parts are replaced, the Contractor shall attach documentation to the field service report demonstrating that all parts replaced are original manufacturer parts. A copy of each field service report will be provided to the Program Manager, in Section 4 of “Standard Contract Terms”. Upon request, the Contractor must provide summary reports of preventative maintenance and repairs, including but not limited to: usage of spare parts by equipment serial number, type of repair by equipment serial number, and warranty, preventative, and repair visits by equipment serial number. The State reserves the right to request additional reports as it deems necessary 1.3.2 Meetings The State may request meetings as it deems appropriate 1.3.3 Recall Requirements and Procedures The Contractor will issue service notes to address any recall issues. Repairs required by service note are gratis.

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1.5 Incentives The Contractor offers trade in promotion discounts. 2.1 Service Levels 2.1.1 Time Frames All Contract Activities must be delivered within 30 business days from receipt of order. The receipt of order date is pursuant to Section 2, Notice provisions of the Standard Contract. 2.1.2 Delivery Deliveries will be made to the address specified on the purchase order. 2.1.3 Installation Installation will be expected within 10 calendar days upon receipt of instrumentation. (including GCMS) 2.1.4 Technical Support and Repairs When providing technical support, the Call Center must resolve the caller’s issue within 1 business day. If the caller’s issue cannot be resolved within 3 business days, on-site service must be scheduled. The on-site service must be performed within 3 business days of the time the issue was scheduled for service. 2.1.5 Maintenance On-site maintenance must be performed according the recommended manufacturer maintenance schedule. 2.1.6 Training The Contractor must provide training prior to and at the time of installation. The Contractor’s current GC/MS Site Preparation Checklist, Installation Checklist, and Familiarization Checklist will be used as guides for training purposes. 3.1 Staffing 3.1.1 Contractor Representative The Contractor must appoint one individual who will be directly responsible for the installation throughout the contract period. Contractor’s personnel must be on-site at the location during the installation. The Contractor must notify the Contract Administrator at least 7 calendar days before removing or assigning a new Contractor Representative. 3.1.2 Customer Service Toll-Free Number The Contractor must specify its toll-free number for the State to make contact with the Contractor Representative. The Contractor Representative must be available for calls during the hours of 8 am to 5 pm EST. 3.1.3 Technical Support, Repairs and Maintenance The Contractor’s toll-free number for technical support, repairs and maintenance is 1-800-227-9770. The Contractor must be available for calls and service during the hours of 8 am to 5 pm EST. 3.1.4 Disclosure of Subcontractors No subcontractors will be allowed for installation services. 3.1.5 Security The Contractor will be subject the following security procedures:

Must notify the laboratory with installation dates two (2) weeks in advance. Must have photo ID.

4.1 Pricing 4.1.1 Price Term Prices quoted are the maximum for a period of 365 days from the date the Contract becomes effective. The criteria for a re-determination of pricing are under Section 4.1.2, Price Changes.

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4.1.2 Price Changes For the first year of the Contract, prices quoted are valid through August 30th, 2015, with prospective re-determination beginning September 1st, 2015. Thereafter, prices are subject to change at the end of each 365-day period. Such changes shall be based on changes in actual costs incurred. Documentation of such changes must be provided with the request for price change in order to substantiate any requested change. DTMB-Procurement reserves the right to consider various pertinent information sources to evaluate price increase requests (such as the CPI and PPI, US City Average, as published by the US Department of Labor, Bureau of Labor Statistics). DTMB-Procurement also reserves the right to consider other information related to special economic and/or industry circumstances, when evaluating a price change request. Changes may be either increases or decreases, and may be requested by either party. Approved changes shall be firm for the remainder of the contract period unless further revised at the end of the next 365-day period. Requests for price changes shall be RECEIVED IN WRITING AT LEAST 30 DAYS PRIOR TO THEIR EFFECTIVE DATE, and are subject to written acceptance before becoming effective. In the event new prices are not acceptable, the CONTRACT may be cancelled. The Contractor remains responsible for performing according to the contract terms at the contract price for all orders received before price revisions are approved or before the contract is cancelled.. 4.1.3 Tax Excluded from Price

(a) Sales Tax: The State is exempt from sales tax for direct purchases. The Contractor's prices must not include sales tax. DTMB-Procurement will furnish exemption certificates for sales tax upon request. (b) Federal Excise Tax: The State may be exempt from Federal Excise Tax, or the taxes may be reimbursable, if articles purchased under any resulting Contract are used for the State's exclusive use. Certificates showing exclusive use for the purposes of substantiating a tax-free or tax-reimbursable sale will be sent upon request. If a sale is tax exempt or tax reimbursable under the Internal Revenue Code, the Contractor's prices must not include the Federal Excise Tax. 5.1 Ordering 5.1.1 Authorizing Document The payment and appropriate authorizing document for the Contract will be a Purchase Order. 5.1.2 Order Verification The Contractor must have internal controls to verify abnormal orders and to ensure that only authorized individuals place orders. 6.1 Delivery 6.1.1 Delivery Programs The Contractor will primarily use standard freight for the shipment of equipment. However, the Contractor may utilize expedited shipping methods at their own expense. The Contractor must notify the State one (1) business day prior to delivery. 6.1.2 Packaging and Palletizing Packaging shall be in conformance to applicable laws and regulations. 7.1 Acceptance 7.1.1 Acceptance Criteria

a) Of Equipment Acceptance shall be upon successful completion of the equipment performance evaluation standard. This standard shall be accomplished by following a checklist as a guide under the supervision of the State and a Contractor representative. The Contractor shall provide a current checklist at least two (2) weeks prior to the scheduled activity. The State reserves the right to maintain the 30 day “State Review Period”. See “Standard Contract Terms Section 16”.

b) Of Consumables Products missing certificates or arriving out of temperature may be rejected. Contractor will be required to pay all return freight costs, no re-stocking fees shall apply, and the Contractor will ship replacement product at no additional cost to the State of Michigan. All critical reagents to be quality checked prior to their use. The State of Michigan reserves the right to refuse a shipment that does not meet quality check criteria. Each shipment of reagents must have an expiration date of four months or longer from date of receipt by the laboratory. If the expiration date on received products is less than four months, the shipment can be rejected in total or the Contractor will replace any unused product after the expiration date without

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charge. If the shipment is rejected, Contractor will pay for return shipping charges. c) Service Agreement (Post Warranty)

Service of the instrumentation shall be provided by an authorized service engineer employed by the equipment manufacturer. Upon a request for service, the service engineer shall be on site the next business day or by a mutually agreed upon time. The service engineer shall complete the repair and/or calibration within two business days of the initiation of work, or by a mutually agreed upon time. The service shall not be considered complete until the instrumentation meets or exceeds the manufacturer specifications and it operates to the same specifications as it had prior to the service request. The Contractor will provide an authorized service engineer for all repairs. The warranty includes on site repair and the response time is within 48 hours.

7.1.2 Final Acceptance The instrument will pass a performance evaluation check at installation. This standard shall be accomplished by following a checklist as a guide under the supervision of the State and a Contractor representative. The Contractor shall provide a current checklist at least two (2) weeks prior to the scheduled activity. 8.1 Invoice and Payment 8.1.1 Invoice Requirements All invoices submited to the State must include: (a) date; (b) purchase order; (c) quantity; (d) description of the Contract Activities; (e) unit price; (f) shipping cost (if any); and (g) total price. 8.1.2 Payment Methods The State will make payment for Contract Activities by EFT 8.1.3 Terms of Payment Standard Contract Terms Section 20 9.1 Additional Requirements 9.1.1 Hazardous Chemical Identification In accordance with the federal Emergency Planning and Community Right-to-Know Act, 42 USC 11001, et seq., as amended, the Contractor must provide a Material Safety Data Sheet listing any hazardous chemicals, as defined in 40 CFR §370.2, to be delivered. Each hazardous chemical must be properly identified, including any applicable identification number, such as a National Stock Number or Special Item Number. All current SDS shall be provided by the Contractor a minimum of 2 weeks prior to delivery. 9.1.2 Mercury Content Pursuant to MCL 18.1261d, mercury-free products must be procured when possible. Prior to shipment, the Contractor must explain if it intends to provide products containing mercury, the amount or concentration of mercury, and whether cost competitive alternatives exist. If cost competitive alternatives do not exist, the Contractor must provide justification as to why the particular product is essential. All products containing mercury must be labeled as containing mercury. 9.1.3 Brominated Flame Retardants The State prefers to purchase products that do not contain brominated flame retardants (BFRs) whenever possible. Prior to shipment, the Contractor must disclose whether the products contain BFRs. 9.1.4 Environmental Permits and Requirements The Contractor must disclose whether any of its facilities are in violation of any environmental laws. The Contractor must immediately notify DTMB-Procurement of the receipt of any EPA, State, or local agency communication indicating that any of the Contractor's facilities are in violation of applicable environmental laws

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STATE OF MICHIGAN

Contract No. 071B4300148 Agilent Gas Chromatograph/Mass Spectrometers with Autosampler

EXHIBIT B PRICING

1. The Pricing schedule for the Contract Activities for Agilent Gas Chromatograph/Mass Spectrometers with

Autosampler is listed below

2. Prices include all costs, including but not limited to, any one-time or set-up charges, fees, and potential costs that Contractor may charge the State (e.g. shipping and handling, per piece pricing, and palletizing).

3. The Contractor will be required to furnish all Contract Activities that may be ordered during the Contract period.

4. The Contractor does not offer quick payment terms.

5. The Contractor certifies that the prices were arrived at independently, and without consultation, communication, or agreement with any other Contractor.

6. Contractor’s out-of-pocket expenses are not separately reimbursable by the State unless, on a case-by-case basis for unusual expenses, the State has agreed in advance and in writing to reimburse Contractor for the expense at the State’s current travel reimbursement rates. See www.michigan.gov/dmb for current rates.

Description/Item Unit Cost

1 Agilent 5977A inert MSD with data system including a printer, performance turbo Pump and inert El Source. Must include open lab Chemstation and MassHunter software. Must include Excel. Must include software familiarization. (G7042AA)

$ 52,259.41

2 Ion Gauge Kits for 5977 MSD (G3397B) $ 1,710.73

3 Agilent 7890C GC for MS with SSL inlet. Includes 100psi split-splitless inlet LAN interface and MS interface (for Agilent 5977 Series MSD) (G3442B)

$ 14,583.04

4 NIST 2011 MS Library Bundle which includes 243K spectra with names, structures, etc. (G1033A)

$ 4,247.15

5 Agilent 7693A Autoinjector includes transfer turret, 16-sample turret, mounting post, parking for GC, 10uL syringe and solvent bottles. (G4513A)

$ 5,385.60

6 7693 Tray, 150 vial includes 3 removable 50-vial racks and GC mounting bracket. (G4514A)

$ 6,426.64

7 1 year warranty from installation date. Included

9 Shipping/freight/ handling fees. Included

10 Installation and familiarization. Included

11 Consumables: Percentage (%) discount “OFF” list price 19.9 %-

12 Equipment Accessories: Percentage (%) discount “OFF” list price 19.9 %

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Eligible product lines (PL) for % off list:

PL DESCRIPTION

AZ Gas Chromatography Systems and related Products

BZ Gas Chromatography/Mass Spectroscopy Systems and related Products

CA Mid Range Gas Chromatography Systems and related Products

29 Liquid Phase Separation Products

MA Molecular Spectroscopy

LI Laboratory Informatics (except for software services and support products)

AJ ICP/MS systems and related Products

74 Support Products (included as a Product option at the time of Product purchase)

89 LC Mass Spectrometers

9C Micro GC

9F AA/OES

RATES FOR MAINTENANCE & REPAIR

RATE A RATE B

*TRAIL stands for ‘travel and initial labor’. This charge includes the labor necessary to diagnose and correct most simple failures, or to assess and begin more extensive

repairs. This charge includes travel to your site (travel up to 100 miles each way) and 2 hours of labor. If more than two hours of labor are

required, additional labor is charged at Rate A or B hourly labor rate, in

half-hour increments. Parts, consumables and supplies are not

included in the charge.

Rate A applies to instrument modules and systems: Atomic

Absorption systems, Automation Solutions, Bioanalyzer, CE,

Dissolution, GC, GC/MS (all except Triple Quad & Ion Trap GC/MS), LC, Fluorescence (including Cary Eclipse), Flash Chromatography, FTIR, Physical Testing (VK100,

VK200, Friability Tester, Hardness Tester, Disintegration Tester, and Tapped Density Tester), Polymer

Characterization (including GPC/SEC systems), NMR, MRI,

XRD, UV Vis, and all other systems not mentioned in Rate B

Rate B applies to instrument modules and systems: GC/MS Triple Quad, GC/MS Ion Trap, GC/MS QTOF, ICP-MS, ICP-

OES, LC/MS (all), and scanner

2–4 day Response

6 days or more Response

2–4 day Response

6 days or more Response

*On Demand TRAIL $2,470 $1,300 $2715 $1,435 *Multi-System TRAIL $1,745 $920 $1915 $1,015

Additional Hourly Labor rate (Charged after initial 2 hours) $310 $310 $340 $340

state of michigan central procurement services … · 2019. 12. 5. · state of michigan central...

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