INVITATION TO BID 285(Rev 7/94) PAGE : RETURN BID TO :

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1 PAGE : 1 RETURN BID TO : DMB - ACQUISITION SERVICES DUE : 06/18/ :00 PM P O BOX LANSING, MI, DATE ISSUED: BID NUMBER: 05/21/08 071I CONTACT:TERRY HARRIS EXT: REQUESTING DEPARTMENT/AGENCY: DMB-OOP-COMMODITIES & SERVICES DIVISI VENDOR DEPARTMENT ID : / OF VENDOR PURCHASING PHONE : THE UNDERSIGNED CERTIFIES THAT HE/SHE OFFERS CASH DISC DAYS TO FURNISH MATERIALS AND/OR SERVICE IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THE BID SHIPMENT DAYS ARO INCLUDING INSTRUCTIONS AND CONDITIONS; THAT PRICES QUOTED ARE CORRECT; AND THIS BID MAY F.O.B NOT BE WITHDRAWN FOR A PERIOD OF 90 DAYS FROM THE DUE DATE INVITATION NOTED ABOVE. TO SHIP BID PT. EST. SHIP WT. X SIGNATURE [IN INK] DATE TOTAL BID $ NAME [PRINT OR TYPE] SHIP TO : DEPARTMENT OF CORRECTIONS STRAITS CORRECTIONAL FACILITY 4387 WEST M-80 KINCHELOE, MI, ITEM COMMODITY ID QTY U/M UNIT COST AMOUNT LO

2 CAMERA, VIDEO SURVEILLANCE (INDOOR-CLOSE QUARTER) INCREASE IN PRISONER POPULATION REQUIRES ADDITIONAL SECURITY CAMERAS. EQUIPMENT IS APPROVED VIA MDOC PRIOR APPROVED EXPENDITURE LIST. PAGE : 2 ITEM COMMODITY ID QTY U/M UNIT COST AMOUNT ADMINISTRATION BUILDING EQUIPMENT TO INCLUDE: PELCO MATRIX WITH 96 LOOPING CAMERA INPUTS, 16 MONITOR OUTPUTS, COAXITRON AND DATA INPUTS AND UP TO 8 KEYBOARDS. PELCO DESKTOP KEYBOARD FOR PROGRAMMING AND CONTROLLING CAMERAS. FIBER OPTION POWER SUPPLY FOR 2 CARD CAGES FIBER OPTION CARD CAGE WITH 17 SLOTS FOR FIBER DEVICES MIDDLE ATLANTIC 14 OUTLET PLUG STRIP SIDE RACK MOUNT MINI-COAXIAL DEPARTMENT LEAD IN CABLES, BLACK OF PURCHASING MINI COAXIAL LEAD-IN CABLES 5 COLOR CABLES DESKTOP KEYBOARD FOR DEPUTY WARDEN OFFICE PANASONIC 14 INCH COLOR MONITOR WALL RACK FOR MONITOR MOUNTING HARDWARE, WIRE TAGS, CONNECTORS AND CABLING PLUS FREIGHT ON ABOVE EQUIPMENT LO CAMERA, VIDEO SURVEILLANCE (INDOOR-CLOSE QUARTER) FIBER RUNS AND TERMINATIONS, BASED ON CONDUIT THAT RUNS IN PLACE BETWEEN BUILDINGS. FIBERS WILL TERMINATE INTO OUR EXISTING RACK MOUNT FIBER CLOSETS IN THE BUILDING EXCEPT FOR C/D UNIT, WHICH WILL HAVE WALL MOUNTED CABINETS FT CORNING INDOOR/OUTDOOR 12 FIBER $1.25/FT 1 EACH CORNING RACKING FIBER CLOSET WITH 12 ST/MM PORT FIBER PANELS 2 EACH CORNING WALL MOUNT PANEL WITH 12 ST/MM PORT FIBER PANELS 10 EACH SUPERIOR 6 ST/MM PORT PANELS 175 EACH CORNING UNICAM ST CONNECTORS 40 EACH 2 METER DUPLEX ST WHIPS 1 LOT MOUNTING HARDWARE MISC SUPPLIES TERMINATION DRESS OUT AND TEST COSTS FREIGHT FOR ABOVE EQUIPMENT

3 LO CAMERA, VIDEO SURVEILLANCE (INDOOR-CLOSE QUARTER) A & B HOUSING UNITS WITH QUARTERMASTER 13 EACH FIXED DOME CAMERAS, PANASONIC WVCP294 1 EACH PELCO POWER SUPPLY 10 AMP, 16 INPUTS WITH RESETABLE BREAKERS 3 EACH FIBER OPTIONS 4/1 FIBER TRANSMITTER STAND ALONE STYLE 3 EACH FIBER OPTIONS 4/1 FIBER RECEIVER RACK STYLE 1 EACH FIBER OPTIONS SINGLE FIBER TRANSMITTER STANDALONE STYLE PAGE : 3 ITEM COMMODITY ID QTY U/M UNIT COST AMOUNT 1 EACH FIBER OPTIONS SINGLE FIBER RECEIVER RACK STYLE 3 DEPARTMENT ROLLS 1000 FT EACH RG/59-U 95% OF COPPER SHIELDED PURCHASING COAXIAL/POWER CABLE 1 LOT BNC CONNECTORS, FIBER POWER SUPPLY AND MOUNTING HARDWARE FREIGHT CHARGES FOR ABOVE EQUIPMENT LO CAMERA, VIDEO SURVEILLANCE (INDOOR-CLOSE QUARTER) HOUSING UNITS E & F WITH OUTSIDE PAN/TILT UNIT 12 EACH PANASONIC FIXED DOME CAMERAS 1 EACH PELCO POWER SUPPLY 10 AMP 16 INPUTS WITH RESETABLE BREAKER 3 EACH FIBER OPTIONS 4/1 FIBER TRANSMITTER STANDALONE STYLE 3 EACH FIBER OPTIONS 4/1 FIBER RECEIVER RACK STYLE 1 EACH FIBER OPTIONS SINGLE FIBER TRANSMITTER STANDALONE STYLE 1 EACH FIBER OPTIONS SINGLE FIBER RECEIVER RACK STYLE 2 EACH FIBER OPTIONS DATA TRANSCEIVER FOR PAN/TILT 1 EACH SHAKESPEARE 24 FT FIBER GLASS POLE 1 EACH PELCO OUTDOOR RATED SPECTRA 4 DOME UNIT WITH 22X LENS 1 EACH SPECIAL POLE MOUNT UNIT FOR FIBERGLASS POLE 3 ROLLS, 1000 FT RG/59-U 95% COPPER SHIELDED COAXIAL/POWER CABLE 1 LOT BNC CONNECTORS, FIBER POWER SUPPLY AND MOUNTING HARDWARE FREIGHT FOR ABOVE ITEMS LO

4 CAMERA, VIDEO SURVEILLANCE (INDOOR-CLOSE QUARTER) G & H HOUSING UNITS WITH OUTSIDE PAN/TILT UNIT 12 PANASONIC FIXED DOME CAMERAS 1 EACH PELCO POWER SUPPLY 10 AMP, 16 INPUTS WITH RESETABLE BREAKERS 3 EACH FIBER OPTIONS 4/1 FIBER TRANSMITTER STANDALONE STYLE 3 EACH FIBER OPTIONS 4/1 FIBER RECEIVER RACK STYLE 1 EACH FIBER OPTIONS SINGLE FIBER TRANSSMITTER STANDALONE STYLE 1 EACH FIBER OPTIONS SINGLE FIBER RECEIVER RACK STYLE 2 EACH FIBER OPTIONS DATA TRANSCEIVER FOR PAN/TILT 1 EACH SHAKESPEARE 24 FT FIBERGLASS POLE 1 EACH PELCO OUTDOOR RATED SPECTRA 4 DOME UNIT WITH 22X LENS 1 EACH SPECIAL POLE MOUNT UNIT FOR FIBERGLASS POLE 3 ROLLS 1000 FT RG/59-U 95% COPPER SHIELDED COAXIAL/POWER CABLE 1 LOT BNC CONNECTORS, FIBER POWER SUPPLY AND MOUNTING HARDWARE 1 EACH FREIGHT FOR ABOVE EQUIPMENT PAGE : 4 VENDOR DEPARTMENT NAME : OF PURCHASING BID NUMBER : ITEM COMMODITY ID QTY U/M UNIT COST AMOUNT LO CAMERA, VIDEO SURVEILLANCE (INDOOR-CLOSE QUARTER) HOUSING UNITS C & D 12 EACH PANASONIC FIXED DOME CAMERAS 1 EACH PELCO POWER SUPPLY 10 AMP, 16 INPUTS WITH RESETABLE BREAKER 3 EACH FIBER OPTIONS 4/1 FIBER TRANSMITTER STANDALONE STYLE 3 EACH FIBER OPTIONS 4/1 FIBER RECEIVER RACK STYLE 3 ROLLS 1000 FT RG/59-U 95% COPPER SHIELDED COAXIAL/POWER CABLE 1 LOT BNC CONNECTORS, FIBER POWER SUPPY AND MOUNTING HARDWARE FREIGHT FOR ABOVE EQUIPMENT LO CAMERA, VIDEO SURVEILLANCE (INDOOR-CLOSE QUARTER) ADMINISTRATION DIGITAL VIDEO RECORDS, WITH 3 TERRA-BITS OF HARD DRIVE STORAGE, 480 IMAGES PER SECOND OR 30 IPS PER CAMERA WITH A RESOLUTION OF 704 X 240 AND WILL TERMINATE INTO YOUR EXISTING

5 PLAYBACK COMPUTER 3 EACH PANASONIC REAL TIME DIGITAL VIDEO RECORDER WITH 16 INPUTS 1 EACH 10 PORT ETHERNET SWITCH 1 LOT CAT 5 CABLE AND MOUNTING HARDWARE FREIGHT FOR ABOVE EQUIPMENT LO CAMERA, VIDEO SURVEILLANCE (INDOOR-CLOSE QUARTER) PRE AND POST SITE VISITS WITH MAINTENANCE STAFF PROGRAM HEAD-END CCTV SYSTEM, DIGITAL RECORDERS AND PROVIDE STAFF TRAINING ON BOTH. PROGRAM THE SITE CENTRAL MONITORING SYSTEM INTO THE CCTV HEAD END FOR PERIMETER ALARM ZONE CALL UP. PROVIDE CAD DRAWING ON HEAD-END EQUIPENT RACK LAYOUT, HOUSING UNIT WIRING AND EQUPMENT ADDITIONAL REQUIREMENTS : CONTRACTOR'S LIABILITY INSURANCE DEPARTMENT OF PURCHASING PAGE : 5 THE CONTRACTOR IS REQUIRED TO PROVIDE PROOF OF THE MINIMUM LEVELS OF INSURANCE COVERAGE AS INDICATED BELOW. THE PURPOSE OF THIS COVERAGE SHALL BE TO PROTECT THE STATE FROM CLAIMS WHICH MAY ARISE OUT OF OR RESULT FROM THE CONTRACTOR'S PERFORMANCE OF SERVICES UNDER THE TERMS OF THIS CONTRACT, WHETHER SUCH SERVICES ARE PERFORMED BY THE CON- TRACTOR, OR BY ANY SUBCONTRACTOR, OR BY ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR BY ANYONE FOR WHOSE ACTS THEY MAY BE LIABLE. THE CONTRACTOR WAIVES ALL RIGHTS AGAINST THE, ITS DEPARTMENTS, DIVISIONS, AGENCIES, OFFICES, COMMISSIONS, OFFICERS, EMPLOYEES AND AGENTS FOR RECOVERY OF DAMAGES TO THE EXTENT THESE DAMAGES ARE COVERED BY THE INSURANCE POLICIES THE CONTRACTOR IS REQUIRED TO MAINTAIN PURSUANT TO THIS CONTRACT. THE CONTRACTOR ALSO AGREES TO PROVIDE EVIDENCE THAT ALL APPLICABLE INSURANCE POLICIES CONTAIN A WAIVER OF SUBROGATION BY THE INSURANCE COMPANY. ALL INSURANCE COVERAGES PROVIDED RELATIVE TO THIS CONTRACT/PURCHASE ORDER IS PRIMARY AND NON-CONTRIBUTING TO ANY COMPARABLE LIABILITY

6 INSURANCE (INCLUDING SELF-INSURANCES) CARRIED BY THE STATE. THE INSURANCE SHALL BE WRITTEN FOR NOT LESS THAN ANY MINIMUM COVERAGE HEREIN SPECIFIED OR REQUIRED BY LAW, WHICHEVER IS GREATER. ALL DEDUCTIBLE AMOUNTS FOR ANY OF THE REQUIRED POLICIES ARE SUBJECT TO APPROVAL BY THE STATE. THE STATE RESERVES THE RIGHT TO REJECT INSURANCE WRITTEN BY AN INSURER THE STATE DEEMS UNACCEPTABLE. BEFORE THE CONTRACT IS SIGNED BY BOTH PARTIES OR BEFORE THE PURCHASE ORDER IS ISSUED BY THE STATE, THE CONTRACTOR MUST FURNISH TO THE DIRECTOR OF PURCHASING OPERATIONS, CERTIFICATE(S) OF INSURANCE VERIFYING INSURANCE COVERAGE. THE CERTIFICATE MUST BE ON THE STANDARD "ACCORD" FORM. THE CONTRACT OR PURCHASE ORDER NO. MUST BE SHOWN ON THE CERTIFICATE OF INSURANCE TO ASSURE CORRECT FILING. ALL SUCH CERTIFICATE(S) ARE TO BE PREPARED AND SUBMITTED BY THE INSURANCE PRO- VIDER AND NOT BY THE CONTRACTOR. ALL SUCH CERTIFICATE(S) SHALL CON- TAIN A PROVISION INDICATING THAT COVERAGES AFFORDED UNDER THE POLICIES WILL NOT BE CANCELLED, MATERIALLY CHANGED, OR NOT RENEWED WITHOUT THIRTY (30) DAYS PRIOR WRITTEN NOTICE, EXCEPT FOR 10 DAYS FOR NON- PAYMENT OF PREMIUM, HAVING BEEN GIVEN TO THE DIRECTOR OF PURCHASING OPERATIONS, DEPARTMENT OF MANAGEMENT AND BUDGET. SUCH NOTICE MUST IN- CLUDE THE CONTRACT NUMBER AFFECTED AND BE MAILED TO: DIRECTOR, PURCHASING OPERATIONS, DEPARTMENT OF MANAGEMENT AND BUDGET, P.O. BOX 30026, LANSING, MICHIGAN DEPARTMENT OF PURCHASING THE CONTRACTOR IS REQUIRED TO PROVIDE THE TYPE AND AMOUNT OF INSURANCE AS INDICATED BELOW: INVITATION TO BID PAGE : 6 1. COMMERCIAL GENERAL LIABILITY WITH THE FOLLOWING MINIMUM COVERAGES: $2,000,000 GENERAL AGGREGATE LIMIT OTHER THAN PRODUCTS/ COMPLETED OPERATIONS $2,000,000 PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT $1,000,000 PERSONAL & ADVERTISING INJURY LIMIT $1,000,000 EACH OCCURRENCE LIMIT $500,000 FIRE DAMAGE LIMIT (ANY ONE FIRE)

7 THE CONTRACTOR MUST LIST THE, ITS DEPARTMENTS, DIVI- SIONS, AGENCIES, OFFICES, COMMISSIONS, OFFICERS, EMPLOYEES & AGENTS AS ADDITIONAL INSUREDS ON THE COMMERCIAL GENERAL LIABILITY POLICY. 2. IF A MOTOR VEHICLE IS USED TO PROVIDE SERVICES OR PRODUCTS UNDER THIS CONTRACT, THE CONTRACTOR MUST HAVE VEHICLE LIABILITY INSURANCE ON ANY AUTO INCLUDING OWNED, HIRED AND NON-OWNED VEHICLES USED IN CONTRACTOR'S BUSINESS FOR BODILY INJURY AND PROPERTY DAMAGE AS REQUIRED BY LAW. THE CONTRACTOR MUST LIST THE, ITS DEPARTMENTS DIVISIONS, AGENCIES, OFFICES, COMMISSIONS, OFFICERS, EMPLOYEES & AGENTS AS ADDITIONAL INSUREDS ON THE VEHICLE LIABILITY POLICY 3. WORKERS' DISABILITY COMPENSATION, DISABILITY BENEFIT OR OTHER SIMILAR EMPLOYEE BENEFIT ACT WITH MINIMUM STATUTORY LIMITS. NOTE: (1) IF COVERAGE IS PROVIDED BY A STATE FUND OR IF CON- TRACTOR HAS QUALIFIED AS A SELF-INSURER, SEPARATE CERTIFICATION MUST BE FURNISHED THAT COVERAGE IS IN THE STATE FUND OR THAT CONTRACTOR HAS APPROVAL TO BE A SELF-INSURER; (2) ANY CITING OF A POLICY OF INSURANCE MUST INCLUDE A LISTING OF THE STATES WHERE THAT POLICY'S COVERAGE IS APPLICABLE; AND (3) ANY POLICY OF INSURANCE MUST CONTAIN A PROVISION OR ENDORSEMENT PROVIDING THAT THE INSURERS' RIGHTS OF SUBROGATION ARE WAIVED. THIS DEPARTMENT PROVISION SHALL NOT BE APPLICABLE OF WHERE PURCHASING PROHIBITED OR LIMITED BY THE LAWS OF THE JURISDICTION IN WHICH THE WORK IS TO BE PERFORMED. 4. EMPLOYERS LIABILITY INSURANCE WITH THE FOLLOWING MINIMUM LIMITS: $100,000 EACH ACCIDENT $100,000 EACH EMPLOYEE BY DISEASE INDEMNIFICATION INVITATION $500,000 AGGREGATE DISEASE TO BID PAGE : 7 A. GENERAL INDEMNIFICATION TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE STATE, ITS DEPARTMENTS, DIVISIONS, AGENCIES, SECTIONS, COMMISSIONS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGANIST ALL LOSSES, LIABILITIES, PENALTIES,

8 FINES, DAMAGES AND CLAIMS (INCLUDING TAXES), AND ALL RELATED COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND DISBURSE- MENTS AND COSTS OF INVESTIGATION, LITIGATION, SETTLEMENT, JUDG- MENTS, INTEREST AND PENALTIES), ARISING FROM OR IN CONNECTION WITH ANY OF THE FOLLOWING: 1. ANY CLAIM, DEMAND, ACTION, CITATION OR LEGAL PROCEEDING AGAINST THE STATE, ITS EMPLOYEES AND AGENTS ARISING OUT OF OR RESULTING FROM (1) THE PRODUCT PROVIDED OR (2) PERFORMANCE OF THE WORK, DUTIES, RESPONSIBILITIES, ACTIONS OR OMISSIONS OF THE CONTRACTOR OR ANY OF ITS SUBCONTRACTORS UNDER THIS CONTRACT. 2. ANY CLAIM, DEMAND, ACTION, CITATION OR LEGAL PROCEEDING AGAINST THE STATE, ITS EMPLOYEES AND AGENTS ARISING OUT OF OR RESULTING FROM A BREACH BY THE CONTRACTOR OF ANY REPRESENTATION OR WARRANTY MADE BY THE CONTRACTOR IN THE CONTRACT. 3. ANY CLAIM, DEMAND, ACTION, CITATION OR LEGAL PROCEEDING AGAINST THE STATE, ITS EMPLOYEES AND AGENTS ARISING OUT OF OR RELATED TO OCCURRENCES THAT THE CONTRACTOR IS REQUIRED TO INSURE AGAINST AS PROVIDED FOR IN THIS CONTRACT. 4. ANY CLAIM, DEMAND, ACTION, CITATION OR LEGAL PROCEEDING AGAINST THE STATE, ITS EMPLOYEES AND AGENTS ARISING OUT OF OR RESULTING FROM THE DEATH OR BODILY INJURY OF ANY PERSON, OR THE DAMAGE, DEPARTMENT LOSS OR DESTRUCTION OF ANY REAL OF OR TANGIBLE PURCHASING PERSONAL PROPERTY, IN CONNECTION WITH THE PERFORMANCE OF SERVICES BY THE CON- TRACTOR, BY ANY OF ITS SUBCONTRACTORS, BY ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR BY ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE; PROVIDED, HOWEVER, THAT THIS INDEM- NIFICATION SHALL NOT APPLY TO THE EXTENT, IF ANY, THAT SUCH DEATH, BODILY INJURY OR PROPERTY DAMAGE IS CAUSED SOLELY BY THE NEGLIGENCE OR RECKLESS OR INTENTIONAL WRONGFUL CONDUCT OF THE STATE; 5. ANY CLAIM, DEMAND, ACTION, CITATION OR LEGAL PROCEEDING AGINST THE STATE, ITS EMPLOYEES AND AGENTS WHICH RESULTS FROM AN ACT OR ANY OF ITS SUBCONTRACTORS IN ITS OR THEIR CAPACITY AS AN EMPLOYER OF A PERSON. B. PATENT/COPYRIGHT INFRINGEMENT INDEMNIFICATION PAGE : 8 TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL

9 INDEMNIFY, DEFEND AND HOLD HARMLESS THE STATE, ITS EMPLOYEES AND AGENTS FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES (INCLUDING TAXES), AND ALL RELATED COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS AND COSTS OF INVESTIGATION, LITIGATION, SETTLEMENT, JUDGMENTS, INTEREST AND PENALTIES) INCURRED IN CONNECTION WITH ANY ACTION OR PROCEEDING THREATENED OR BROUGHT AGAINST THE STATE TO THE EXTENT THAT SUCH ACTION OR PROCEEDING IS BASED ON A CLAIM THAT ANY PIECE OF EQUIPMENT, SOFTWARE, COMMODITY OR SERVICE SUPPLIED BY THE CONTRACTOR OR ITS SUBCONTRACTORS, OR THE OPERATION OF SUCH EQUIPMENT, SOFTWARE, COMMODITY OR SERVICE, OR THE USE OR REPRODUCTION OF ANY DOCUMENTATION PROVIDED WITH SUCH EQUIP- MENT, SOFTWARE, COMMODITY OR SERVICE INFRINGES ANY UNITED STATES OR FOREIGN PATENT, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, WHICH RIGHT IS ENFORCEABLE UNDER THE LAWS OF THE UNITED STATES. IN ADDITION, SHOULD THE EQUIPMENT, SOFTWARE, COMMODITY, OR SERVICE, OR THE OPERATION THEREOF, BECOME OR IN THE CONTRACTOR'S OPINION BE LIKELY TO BECOME THE SUBJECT OF A CLAIM OF INFRINGEMENT, THE CONTRACTOR SHALL AT THE CONTRACTOR'S SOLE EXPENSE (I) PROCURE FOR THE STATE THE RIGHT TO CONTINUE USING THE EQUIP- MENT, SOFTWARE, COMMODITY OR SERVICE OR, IF SUCH OPTION IS NOT REASONABLY AVAILABLE TO THE CONTRACTOR, (II) REPLACE OR MODIFY THE SAME WITH EQUIPMENT, SOFTWARE, COMMODITY OR SERVICE OF EQUIVALENT FUNCTION AND PERFORMANCE SO THAT IT BECOMES NON-INFRINGING, OR, IF SUCH OPTION IS NOT REASONABLY AVAILABLE TO CONTRACTOR, (III) ACCEPT ITS RETURN BY THE STATE WITH APPROPRIATE CREDITS TO THE STATE DEPARTMENT AGAINST THE CONTRACTOR'S CHARGES OF AND REIMBURSE PURCHASING THE STATE FOR ANY LOSSES OR COSTS INCURRED AS A CONSEQUENCE OF THE STATE CEASING ITS USE AND RETURNING IT. C. INDEMNIFICATION OBLIGATION NOT LIMITED IN ANY AND ALL CLAIMS AGAINST THE, OR ANY OF ITS AGENTS OR EMPLOYEES, BY ANY EMPLOYEE OF THE CONTRACTOR OR ANY OF ITS SUBCONTRACTORS, INVITATION THE INDEMNIFICATION TO OBLIGATION BID UNDER THE CONTRACT SHALL NOT BE LIMITED IN ANY WAY BY THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY OF ITS SUBCONTRACTORS UNDER WORKER'S DISABILITY COMPENSATION ACTS, DISABILITY BENEFITS ACTS, OR OTHER EMPLOYEE BENEFITS ACTS. THIS INDEMNIFICATION CLAUSE IS INTENDED TO BE COMPREHENSIVE. ANY OVERLAP IN SUBCLAUSES, OR THE FACT THAT GREATER SPECIFICITY IS PROVIDED AS TO SOME CATEGORIES OF RISK, IS NOT INTENDED TO LIMIT THE SCOPE OF INDEMNIFICATION UNDER ANY OTHER SUBCLAUSE. D. CONTINUATION OF INDEMNIFICATION OBLIGATION THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND AFFECT NOT- WITHSTANDING THE EXPIRATION OF EARLY TERMINATION OF THE CONTRACT WITH RESPECT TO ANY CLAIMS BASED ON FACTS OR CONDITIONS, WHICH

10 PAGE : 9 OCCURRED PRIOR TO TERMINATION. PURCHASE ORDER INSTRUCTIONS AND CONDITIONS 1. THE IS EXEMPT FROM FEDERAL EXCISE TAX, STATE AND LOCAL SALES TAX, AND USE TAX, AND SUCH TAXES SHALL NOT BE INCLUDED IN THE INVOICE. SALES TO THE ARE NOT EXEMPT FROM THE ENVIRONMENTAL PROTECTION REGULATORY FEE IMPOSED PURSUANT TO SECTION 8 OF ACT 152 OF THE PUBLIC ACTS OF THE STATE OF MICHIGAN OF SUBMIT TWO COPIES OF YOUR INVOICE TO THE "BILL TO" ADDRESS AS SHOWN. INVOICE MUST HAVE EITHER COMPANY NAME IMPRINTED OR A SIGNATURE. INVOICE MUST BE IN SUFFICIENT DETAIL FOR COMPARISON WITH THIS ORDER. 3. ENTER FEDERAL IDENTIFICATION NUMBER ON THE INVOICE. USE SOCIAL SECURITY NUMBER IF FEDERAL ID DOES NOT APPLY. FAILURE TO INCLUDE ONE OF THESE ID'S ON THE INVOICE WILL DELAY PAYMENT UNTIL THE ID NUMBER CAN BE OBTAINED. DEPARTMENT OF PURCHASING 4. SUBMIT SEPARATE INVOICE FOR EACH SHIPMENT AND/OR ORDER PROMPTLY UPON SHIPMENT. 5. THE PURCHASE ORDER NUMBER MUST BE PLAINLY NOTED ON EACH INVOICE, ON ALL PACKAGES AND SHIPPING TAGS, AND ON ALL CORRESPONDENCE PERTAINING TO THIS ORDER. 6. PACKING LIST MUST BE INCLUDED WITH EACH SHIPMENT. 7. QUESTIONS REGARDING PAYMENT OF THIS ORDER SHOULD BE DIRECTED TO THE PURCHASE ORDER "BILL TO" ADDRESS. 8. ALL CORRESPONDENCE OTHER THAN THAT REGARDING PAYMENT OF INVOICE RELATING TO THIS ORDER IS TO BE DIRECTED TO THE BUYER. 9. THIS ORDER IS A CONFIRMATION OF YOUR RECENT QUOTATION. 10. CANCELLATION OF CONTRACT (A) THE STATE MAY CANCEL THE CONTRACT FOR DEFAULT OF THE CONTRACTOR. DEFAULT IS DEFINED AS THE FAILURE OF THE CONTRACTOR TO FULFILL THE OBLIGATIONS OF THE QUOTATION OR CONTRACT. IN CASE OF DEFAULT BY THE CONTRACTOR, THE STATE MAY IMMEDIATELY AND/OR UPON 30 DAYS PRIOR WRITTEN NOTICE TO THE CONTRACTOR CANCEL THE CONTRACT WITHOUT FURTHER LIABILITY TO THE STATE, ITS DEPARTMENTS, DIVISIONS, AGENCIES, SECTIONS, COMMISSIONS, OFFICERS, AGENTS AND EMPLOYEES, AND PROCURE THE PRODUCTS AND/OR SERVICES FROM OTHER SOURCES, AND HOLD THE CON- TRACTOR RESPONSIBLE FOR ANY EXCESS COSTS OCCASIONED THEREBY; (B) THE STATE MAY CANCEL THE CONTRACT IN THE EVENT THE STATE NO LONGER NEEDS THE SERVICES OR PRODUCTS SPECIFIED IN THE CONTRACT,

11 OR IN THE EVENT PROGRAM CHANGES, CHANGES IN LAWS, RULES OR REG- PAGE : 10 ULATIONS, OR RELOCATION OF OFFICES OCCUR, OR IF PRICES FOR ADDITIONAL SERVICES REQUESTED BY THE STATE ARE NOT ACCPETABLE TO THE STATE. THE STATE MAY CANCEL THE CONTRACT WITHOUT FURTHER LIABILITY TO THE STATE, ITS DEPARTMENTS, DIVISIONS, AGENCIES, SECTIONS, COMMISSIONS, OFFICERS, AGENTS AND EMPLOYEES BY GIVING THE CONTRACTOR WIRTTEN NOTICE OF SUCH CANCELLATION 30 DAYS PRIOR TO THE DATE OF CANCELLATION; (C) THE STATE MAY CANCEL THE CONTRACT FOR LACK OF FUNDING. THE CONTRACTOR ACKNOWLEDGES THAT, IF THIS CONTRACT EXTENDS FOR SEVERAL FISCAL YEARS, CONTINUATION OF THIS CONTRACT IS SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PROJECT. IF FUNDS TO ENABLE THE STATE TO EFFECT CONTINUED PAYMENT UNDER THIS CONTRACT ARE NOT APPROPRIATED OR OTHERWISE MADE AVAILABLE, THE STATE SHALL HAVE THE RIGHT TO TERMINATE THIS CONTRACT WITHOUT PENALTY AT THE END OF THE LAST PERIOD FOR WHICH FUNDS HAVE BEEN DEPARTMENT APPROPRIATED OR OTHERWISE MADE OF AVAILABLE PURCHASING BY GIVING WRITTEN NOTICE OF TERMINATION TO THE CONTRACTOR. THE STATE SHALL GIVE THE CONTRACTOR WRITTEN NOTICE OF SUCH NON-APPROPRIATION WITHIN 30 DAYS AFTER IT RECEIVES NOTICE OF SUCH NON-APPROPRIATION; (D) THE STATE MAY IMMEDIATELY CANCEL THE CONTRACT WITHOUT FURTHER LIABILITY TO THE STATE, ITS DEPARTMENTS, DIVISIONS, AGENCIES, SECTIONS, COMMISSIONS, OFFICERS, AGENTS AND EMPLOYEES IF THE CONTRACTOR, AN OFFICER OF THE CONTRACTOR, OR AN OWNER OF 25% OR GREATER SHARE OF THE CONTRACTOR, IS CONVICTED OF A CRIMINAL OFFENSE INCIDENT TO THE APPLICATION FOR OR PERFORMANCE OF A STATE, PUBLIC OR PRIVATE CONTRACT OR SUBCONTRACT; OR CONVICTED OF A CRIMINAL OFFENSE INCLUDING BUT NOT LIMITED TO ANY OF THE FOLLOWING: EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR DESTRUCTION OF RECORDS, RECEIVING STOLEN PROPERTY, ATTEMPTING TO INFLUENCE A PUBLIC EMPLOYEE TO BREACH TO ETHICAL CONDUCT STANDARDS FOR STATE OF MICHIGAN EMPLOYEES; CONVICTED UNDER STATE OR FEDERAL ANTITRUST STATUTES; OR CONVICTED OF ANY OTHER CRIMINAL OFFENSE WHICH IN THE SOLE DISCRETION OF THE STATE, REFLECTS ON THE CONTRACTOR'S BUSINESS INTEGRITY; (E) THE STATE MAY IMMEDIATELY CANCEL THE CONTRACT IN WHOLE OR IN PART BY GIVING NOTICE OF TERMINATION TO THE CONTRACTOR IF ANY FINAL ADMINISTRATIVE OR JUDICIAL DECISION OR ADJUDICATION DISAPPROVES A PREVIOUSLY APPROVED REQUEST FOR PURCHASE OF PERSONAL SERVICES PURSUANT TO CONSTITUTION 1963, ARTICLE 11, SECTION 5, AND CIVIL SERVICE RULE 4-6; (F) THE STATE MAY, WITH 30 DAYS WRITTEN NOTICE TO THE CONTRACTOR, CANCEL THE CONTRACT IN THE EVENT PRICES PROPOSED FOR CONTRACT MODIFICATION/ EXTENSION ARE UNACCEPTABLE TO THE STATE.

12 11. ALL GOODS ARE SUBJECT TO INSPECTION AND TESTING. IN THE EVENT GOODS ARE DEFECTIVE IN MATERIAL OR WORKMANSHIP, OR OTHERWISE FAIL TO MEET THE REQUIREMENTS OF THE PURCHASE ORDER, THE STATE SHALL HAVE THE RIGHT TO REJECT THE GOODS OR RETAIN THE GOODS AND CORRECT THE DEFECTS. THE CONTRACTOR SHALL PAY THE STATE FOR EXPENSES INCURRED IN CORRECTING DEFECTS. REJECTED GOODS WILL BE HELD FOR 45 DAYS AFTER DELIVERY. THE CONTRACTOR MUST ARRANGE FOR THE PAGE : 11 RETURN OF SAID GOODS, INCLUDING PAYING FOR HANDLING, PACKING, AND TRANSPORTATION COSTS. THE STATE HAS THE AUTHORITY TO DISPOSE OF THE GOODS WITHOUT FURTHER LIABILITY TO THE STATE IN THE EVENT THE CONTRACTOR FAILS TO MAKE SUCH ARRANGEMENTS WITHIN THE SPECIFIED TIME PERIOD. 12. IN THE PERFORMANCE OF ANY CONTRACT OR PURCHASE ORDER RESULTING HEREFROM, THE VENDOR AGREES NOT TO DISCRIMINATE AGAINST ANY DEPARTMENT EMPLOYEE OR APPLICANT FOR EMPLOYMENT, OF WITH PURCHASING RESPECT TO THEIR HIRE, TENURE, TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT, OR ANY MATTER DIRECTLY OR INDIRECTLY RELATED TO EMPLOYMENT, BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, ANCESTRY, AGE, SEX, HEIGHT, WEIGHT, MARITAL STATUS, PHYSICAL OR MENTAL HANDICAP OR DISABILITY. THE VENDOR FURTHER AGREES THAT EVERY SUBCONTRACT ENTERED INTO FOR THE PERFORMANCE OF ANY CONTRACT OR PURCHASE ORDER RESULTING HEREFROM WILL CONTAIN A PROVISION REQUIRING NON- DISCRIMINATION IN EMPLOYMENT, AS HEREIN SPECIFIED, BINDING UPON EACH SUBCONTRACTOR. THIS COVENANT IS REQUIRED PURSUANT TO THE ELLIOTT LARSEN CIVIL RIGHTS ACT, 1976 PUBLIC ACT 453, AS AMENDED, MCL , ET SEQ, AND ANY BREACH THEREOF MAY BE REGARDED AS A MATERIAL BREACH OF THE CONTRACT OR PURCHASE ORDER. 13. ALL CONTRACTS OR PURCHASE ORDERS ISSUED SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE. ANY DISPUTE ARISING HEREIN SHALL BE RESOLVED IN THE STATE OF MICHIGAN. 14. FOR AND IN CONSIDERATION OF THE OPPORTUNITY TO DO BUSINESS WITH THE AND OTHER GOOD AND VALUABLE CONSIDERATION, THE VENDOR HEREBY ASSIGNS, SELLS AND TRANSFERS TO THE STATE OF MICHIGAN ALL RIGHTS, TITLE AND INTEREST IN AND TO ALL CAUSES OF ACTION IT MAY HAVE UNDER THE ANTITRUST LAWS OF THE UNITED STATES OR THIS STATE FOR PRICE FIXING, WHICH CAUSES OF ACTION HAVE ACCRUED PRIOR TO THE DATE OF PAYMENT AND WHICH RELATE SOLELY TO THE PARTICULAR GOODS, COMMODITIES, OR SERVICES PURCHASED OR PRO- CURED BY THIS STATE PURSUANT TO THIS TRANSACTION.

13 15. PURSUANT TO ACT 278 OF THE PUBLIC ACTS OF THE OF 1980, THE STATE SHALL NOT AWARD A CONTRACT OR A SUBCONTRACT TO AN EMPLOYER WHOSE NAME APPEARS IN THE CURRENT REGISTER OF EMPLOYERS FAILING TO CORRECT AN UNFAIR LABOR PRACTICE COMPILED PURSUANT TO SECTION 2 OF THE ACT. A CONTRACTOR OF THE STATE, IN RELATION TO THAT CONTRACT SHALL NOT ENTER INTO A CONTRACT WITH A SUBCONTRACTOR MANUFACTURER, OR SUPPLIER WHOSE NAME APPEARS IN THIS REGISTER. THE STATE MAY VOID A CONTRACT IF, SUBSEQUENT TO AWARD OF THE CONTRACT THE NAME OF THE CONTRACTOR AS AN EMPLOYER, OR THE NAME OF SUBCONTRACTOR, MANUFACTURER, OR SUPPLIER OF THE CONTRACTOR APPEARS IN THIS REGISTER. STATE OF PAGE : PUBLIC ACT 533 OF 2004 REQUIRES THAT PAYMENTS UNDER THIS CONTRACT BE PROCESSED BY ELECTRONIC FUNDS TRANSFER (EFT). CONTRACTOR IS DEPARTMENT REQUIRED TO REGISTER TO RECEIVE OF PAYMENTS PURCHASING BY EFT AT THE CONTRACT & PAYMENT EXPRESS WEBSITE ( 17. PUBLIC ACT 279 OF 1984 STATES THAT THE STATE SHALL TAKE ALL STEPS NECESSARY TO ASSURE THAT PAYMENT FOR GOODS OR SERVICES, IS MAILED WITHIN 45 DAYS AFTER RECEIPT OF THE GOODS OR SERVICES, A COMPLETE INVOICE FOR GOODS OR SERVICES, OR A COMPLETE CONTRACT FOR GOODS OR SERVICES, WHICHEVER IS LATER. PLEASE VISIT THE PURCHASING OPERATIONS WEBSITE AT: THIS SITE INCLUDES LINKS TO ACTIVE INVITATIONS TO BIDS, A LISTING OF CURRENT STATE CONTRACTS, GENERAL INFORMATION INTENDED TO ASSIST BUSINESSES IN GAINING AN UNDERSTANDING OF THE STATE'S PROCUREMENT PROCESSES AND OTHER PURCHASING PROGRAMS AND SERVICES. THIS INFORMATION IS ALSO AVAILABLE BY CALLING: (517) REGISTER AS A VENDOR ONLINE AT: EFFECTIVE JUNE 1, 2003, MOST INVITATIONS TO BID FROM PURCHASING OPERATIONS WILL ONLY BE AVAILABLE ONLINE. IN CERTAIN SITUATIONS, BIDS WILL CONTINUE TO BE SENT THROUGH U.S. MAIL, HOWEVER, THOSE SITUATIONS WILL BE ON A VERY LIMITED BASIS. VISIT TO VIEW INVITATIONS TO BID ON THE INTERNET AND ANY SUBSEQUENT UPDATES. CLICK ON "BIDS & PROPOSALS" ON THE LEFT HAND SIDE OF THE SCREEN, THEN CLICK ON "COMMODITIES &

14 SERVICES". FOR THOSE BUSINESSES WITHOUT INTERNET ACCESS, PUBLIC COMPUTERS ARE TYPICALLY AVAILABLE AT PUBLIC LIBRARIES AND COMMERCIAL PRINT/COPY CENTERS. ASSISTANCE IS ALSO PROVIDED THROUGH THE MICHIGAN ECONOMIC DEVELOPMENT CORPORATION'S PTAC'S (PROCUREMENT TECHNICAL ASSISTANCE CENTERS). FOR FURTHER PTAC INFORMATION, CALL (517) OR VISIT WHEN ACCESSING BIDS ONLINE, MAKE SURE TO ACCESS THE ENTIRE DOCUMENT (THE ITB DOCUMENT AND ALL CORRESPONDING ATTACHMENTS, WHICH ARE LISTED SEPARATELY). PROCUREMENT POLICY - PROCUREMENT FOR THE SHALL BE HANDLED IN A MANNER PROVIDING FAIR OPPORTUNITY TO ALL BUSINESSES, INCLUDING WOMAN OWNED, MINORITY OWNED AND HANDICAPPER OWNED BUSINESSES. THIS SHALL BE ACCOMPLISHED WITHOUT REDUCTION OR SACRIFICE OF QUALITY AND AS DETERMINED TO BE IN THE BEST INTEREST OF THE STATE. THE STATE PURCHASING DIRECTOR HAS THE VESTED AUTHORITY TO MAKE THE FINAL DECISION ON THE AWARD OF A PURCHASE ORDER OR BLANKET PURCHASE PAGE : 13 DEPARTMENT OF PURCHASING ORDER. PRICES AND NOTATIONS - PRICES AND NOTATIONS MUST BE TYPED OR IN INK. PRICES SHALL BE FOR NEW ITEMS ONLY UNLESS SPECIFIED OTHERWISE IN THE INVITATION TO INVITATION BID (ITB). ANY FORM OF PRICING TO CORRECTIONS BID MADE TO THE QUOTATION BY THE BIDDER PRIOR TO SUBMISSION SHOULD BE INITIALED IN INK BY THE PERSON SIGNING THE QUOTATION. IN THE EVENT OF UNINITIALED PRICING CORRECTIONS, THE BUYER, WITH MANAGEMENT APPROVAL, MAY REQUIRE AN AFFIDAVIT FROM THE BIDDER CONFIRMING THE PRICE CORRECTION WAS MADE PRIOR TO THE BID SUBMISSION. UNIT PRICES - UNIT PRICES SHOULD BE STATED BASED ON UNITS SPECIFIED. THE BIDDER MAY QUOTE ON ALL OR A PORTION OF A QUANTITY AS SPECIFIED. QUOTE ON EACH ITEM SEPARATELY AND INDICATE BRAND NAME OR MAKE. EXTEND AND TOTAL THE BID. IN CASE OF DISCREPANCIES BETWEEN UNIT PRICE AND EXTENDED PRICE THE UNIT PRICE WILL BE THE BASIS FOR AWARD. DELIVERY TIME - DELIVERY TIME IS A PART OF THE CONSIDERATION FOR THE AWARD AND MUST BE STATED IN DEFINITE TERMS AND ADHERED TO. IF TIME VARIES ON DIFFERENT ITEMS, THE BIDDER SHALL SO STATE. QUOTATIONS - A QUOTATION MUST BE SIGNED BY AN AUTHORIZED OFFICER OR EMPLOYEE OF THE COMPANY APPEARING ON THE ITB. THE SIGNATURE REPRESENTS A BINDING COMMITMENT UPON THE COMPANY TO PROVIDE SUCH

15 GOODS AND/OR SERVICES OFFERED TO THE STATE SHOULD IT BE DETERMINED THE LOWEST RESPONSIVE BIDDER. SAMPLES - SAMPLES OF ITEMS, WHEN REQUIRED, MUST BE FURNISHED FREE OF EXPENSE AND IF NOT DESTROYED BY TESTS WILL BE RETURNED AT BIDDER'S EXPENSE. SAMPLES MUST BE RECEIVED ON OR BEFORE BID OPENING IF SO REQUESTED ON THE BID. DELIVERY TERMS - UNLESS OTHERWISE STATES, BIDS MAY BE QUOTED EITHER F.O.B. DELIVERED OR F.O.B. SHIPPING POINT. F.O.B. DELIVERED MEANS DELIVERED TO THE DOCK OF THE "SHIP TO" ADDRESS NOTED ON THE ITB, AND INCLUDES ALL CHARGES FOR TRANSPORTATION OR ANY OTHER SERVICE. IF BIDDERS ELECT TO QUOTE F.O.B. SHIPPING POINT, POINT OF SHIPMENT AND SHIPPING WEIGHT MUST BE INCLUDED. AWARDS WILL BE BASED ON THE LOWEST COST INCLUDING TRANSPORTATION CHARGES, AS DETERMINED BY THE STATE. CASH DISCOUNTS - THE STATE WILL NOT CONSIDER CASH DISCOUNTS FOR PROMPT PAYMENT IN DETERMINING THE LOWEST RESPONSIVE BIDDER. NO BID RESPONSES - BIDDERS WHO CANNOT QUOTE SHOULD RETURN THE ITB COVER PAGE STATING THE REASON FOR NOT BIDDING. FAILURE TO DO SO MAY RESULT IN REMOVAL OF THE BIDDER'S NAME FROM ALL BIDDER LISTS. ALTERNATE BIDS - BIDDERS MAY OFFER ALTERNATE BIDS WHICH ARE AT VARIANCE FROM THE EXPRESS SPECIFICATIONS OF THE QUOTATION, AND THE DEPARTMENT OF PURCHASING PAGE : 14 STATE RESERVES THE RIGHT TO CONSIDER AND ACCEPT SUCH BIDS IF, IN THE JUDGMENT OF THE ACQUISITION SERVICES DIRECTOR, THE ALTERNATE BID WILL PRODUCE GOODS AND/OR SERVICES EQUAL TO OR BETTER THAN THOSE WHICH WOULD BE SUPPLIED BY FOLLOWING THE EXPRESS SPECIFICATIONS OF THE QUOTATION, AND ACCEPTANCE OF THE ALTERNATE BID IS DEEMED TO SERVE THE BEST INTERESTS OF THE. AN ALTERNATE BID MUST CLEARLY DESCRIBE ALL VARIANCES FROM THE EXPRESS SPECIFICATIONS. RECEIPT OF BIDS - IT IS THE BIDDER'S RESPONSIBILITY TO ENSURE BIDS BE RECEIVED PRIOR TO THE DATE, TIME, AND AT THE ADDRESS SPECIFIED ON THE FACE OF THE ITB. THIS RESPONSIBILITY RESTS ENTIRELY WITH THE BIDDER, NOTWITHSTANDING DELAYS RESULTING FROM POSTAL HANDLING OR FOR ANY OTHER REASONS. LATE BIDS WILL NOT BE ACCEPTED OR CONSIDERED EXCEPT UNDER THE FOLLOWING CIRCUMSTANCES: A) BIDS RECEIVED ON TIME DO NOT MEET SPECIFICATIONS, OR B) NO OTHER BIDS ARE RECEIVED. SPECIFICATIONS - SPECIFICATIONS WHICH REFER TO BRAND NAMES ARE GIVEN FOR REFERENCE ONLY. BIDDERS MAY QUOTE ON EQUIVALENT GOODS, PROVIDED

16 COMPLETE DESCRIPTIVE LITERATURE IS FURNISHED ALONG WITH BRAND NAME AND CATALOG NUMBER. ANY DEVIATIONS FROM THE SOLICITATION MUST BE NOTED ON THE BID. WHEN EQUIVALENT GOODS WILL NOT BE ACCEPTED, THE QUOTATION WILL STATE "DO NOT SUBSTITUTE". AWARD - THE STATE RESERVES THE RIGHT TO AWARD BY ITEM, GROUP OF ITEMS, OR TOTAL BID. THE STATE FURTHER RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS IF IT IS DETERMINED BY THE STATE PURCHASING DIRECTOR THAT THE BEST INTEREST OF THE STATE WILL BE SERVED BY DOING SO. IN DETERMINING AN AWARD, QUALIFICATIONS OF THE BIDDER, CONFORMITY WITH SPECIFICATION OF GOODS AND/OR SERVICES, COST, AND DELIVERY TERMS WILL BE CONSIDERED. MINORITY/WOMEN/HANDICAPPER SUBCONTRACTING - TO HELP INSURE PARTICI- PATION IN STATE PURCHASE ORDERS/BLANKET PURCHASE ORDERS BY MINORITY, WOMEN AND HANDICAPPER OWNED AND OPERATED BUSINESSES, THE STATE OF MICHIGAN STRONGLY ENCOURAGES COMPANIES, WHEN RESPONDING TO INVITATIONS TO BID, TO SUBCONTRACT WITH CERTIFIED MINORITY, WOMAN AND HANDICAPPER OWNED AND OPERATED BUSINESSES. FOR ASSISTANCE IN LOCATING POTENTIAL SUBCONTRACTORS, CONTACT: MICHIGAN DEPARTMENT OF CIVIL RIGHTS CONTRACTUAL SERVICES DIVISION PLAZA BUILDING - 5TH FLOOR 1200 SIXTH AVENUE DETROIT, MICHIGAN DEPARTMENT OF PURCHASING BIDDERS SHOULD INDICATE IN THEIR RESPONSE THE NAMES, ADDRESSES, AND TYPE OF WORK ASSIGNED FOR EACH PROPOSED MINORITY/WOMEN/HANDICAPPER OWNED AND OPERATED FIRM WHICH WILL BE A SUBCONTRACTOR. THE TOTAL AMOUNT AND/OR PERCENTAGE OF DOLLARS TO BE PAID TO EACH SUB- CONTRACTOR(S) SHOULD BE INCLUDED WITH THE PRICE SUBMISSION. PAGE : 15 ACCOMMODATION/ACCESS - IF ANY BIDDER NEEDS AN ACCOMMODATION OR ACCESS TO SUBMIT A BID, THEY SHOULD CONTACT THE BUYER INDICATED ON THE FACE OF THE ITB FOR ASSISTANCE. TAXES - THE IS EXEMPT FROM FEDERAL EXCISE TAX, STATE AND LOCAL SALES TAX, AND USE TAX, AND SUCH TAXES SHALL NOT BE INCLUDED IN THE BID PRICE. SALES TO THE ARE NOT EXEMPT FROM THE ENVIRONMENTAL PROTECTION REGULATORY FEE IMPOSED PURSUANT TO SECTION 8 OF ACT 152 OF THE PUBLIC ACTS OF THE STATE OF MICHIGAN OF CANCELLATION OF CONTRACT - (A) THE STATE MAY CANCEL THE CONTRACT FOR

17 DEFAULT OF THE CONTRACTOR. DEFAULT IS DEFINED AS THE FAILURE OF THE CONTRACTOR TO FULFILL THE OBLIGATIONS OF THE QUOTATION OR CONTRACT. IN CASE OF DEFAULT BY THE CONTRACTOR, THE STATE MAY IMMEDIATELY AND/OR UPON 30 DAYS PRIOR WRITTEN NOTICE TO THE CONTRACTOR CANCEL THE CONTRACT WITHOUT FURTHER LIABILITY TO THE STATE, ITS DEPARTMENTS, DIVISIONS, AGENCIES, SECTIONS, COMMISSIONS, OFFICERS, AGENTS AND EMPLOYEES, AND PROCURE THE SERVICES FROM OTHER SOURCES, AND HOLD THE CONTRACTOR RESPONSIBLE FOR ANY EXCESS COSTS OCCASIONED THEREBY. (B) THE STATE MAY CANCEL THE CONTRACT IN THE EVENT THE STATE NO LONGER NEEDS THE SERVICES OR PRODUCTS SPECIFIED IN THE CONTRACT, OR IN THE EVENT PROGRAM CHANGES, CHANGES IN LAWS, RULES OR REGULATIONS, RELOCATION OF OFFICES OCCUR, OR THE STATE DETERMINES THAT STATEWIDE IMPLEMENTATION OF THE CONTRACT IS NOT FEASIBLE, OR IF PRICES FOR ADDITIONAL SERVICES REQUESTED BY THE STATE ARE NOT ACCEPTABLE TO THE STATE. THE STATE MAY CANCEL THE CONTRACT WITHOUT FURTHER LIABILITY TO THE STATE, ITS DEPARTMENTS, DIVISIONS, AGENCIES, SECTIONS, COMMISSIONS, OFFICERS, AGENTS AND EMPLOYEES BY GIVING THE CONTRACTOR WRITTEN NOTICE OF SUCH CANCELLATION 30 DAYS PRIOR TO THE DATE OF CANCELLATION. (C) THE STATE MAY CANCEL THE CONTRACT FOR LACK OF FUNDING. THE CONTRACTOR ACKNOWLEDGES THAT, IF THIS CONTRACT EXTENDS FOR SEVERAL FISCAL YEARS, CONTINUATION OF THIS CONTRACT IS SUBJECT TO APPROPRIA- TION OF FUNDS FOR THIS PROJECT. IF FUNDS TO ENABLE THE STATE TO EFFECT DEPARTMENT CONTINUED PAYMENT UNDER THIS OF CONTRACT PURCHASING ARE NOT APPROPRIATED OR OTHERWISE MADE AVAILABLE, THE STATE SHALL HAVE THE RIGHT TO TERMINATE THIS CONTRACT WITHOUT PENALTY AT THE END OF THE LAST PERIOD FOR WHICH FUNDS HAVE BEEN APPROPRIATED OR OTHERWISE MADE AVAILABLE BY GIVING WRITTEN NOTICE OF TERMINATION TO THE CONTRACTOR. THE STATE SHALL GIVE THE CONTRACTOR WRITTEN NOTICE OF SUCH NON-APPROPRIATION WITHIN 30 DAYS AFTER IT RECEIVES NOTICE OF SUCH NON-APPROPRIATION. (D) THE STATE MAY IMMEDIATELY CANCEL THE CONTRACT WITHOUT FURTHER LIABILITY TO THE STATE ITS DEPARTMENTS, DIVISIONS, AGENCIES, SECTIONS, COMMISSIONS, OFFICERS, AGENTS AND EMPLOYEES IF THE CONTRACTOR, AN OFFICER OF THE CONTRACTOR, OR AN OWNER OF A 25% OR GREATER SHARE OF PAGE : 16 THE CONTRACTOR, IS CONVICTED OF A CRIMINAL OFFENSE INCIDENT TO THE APPLICATION FOR OR PERFORMANCE OF A STATE, PUBLIC OR PRIVATE CONTRACT OR SUBCONTRACT; OR CONVICTED OF A CRIMINAL OFFENSE INCLUDING BUT NOT LIMITED TO ANY OF THE FOLLOWING: EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR DESTRUCTION OF RECORDS, RECEIVING STOLEN PROPERTY, ATTEMPTING TO INFLUENCE A PUBLIC EMPLOYEE TO BREACH THE

18 ETHICAL CONDUCT STANDARDS FOR EMPLOYEES; CONVICTED UNDER STATE OR FEDERAL ANTITRUST STATUTES; OR CONVICTED OF ANY OTHER CRIMINAL OFFENSE WHICH IN THE SOLE DISCRETION OF THE STATE, REFLECTS ON THE CONTRACTOR'S BUSINESS INTEGRITY. (E) THE STATE MAY IMMEDIATELY CANCEL THE CONTRACT IN WHOLE OR IN PART BY GIVING NOTICE OF TERMINATION TO THE CONTRACTOR IF ANY FINAL ADMINISTRATIVE OR JUDICIAL DECISION OR ADJUDICATION DISAPPROVES A PREVIOUSLY APPROVED REQUEST FOR PURCHASE OF PERSONAL SERVICES PURSUANT TO CONSTITUTION 1963, ARTICLE 11, SECTION 5, AND CIVIL SERVICE RULE 4-6. (F) THE STATE MAY, WITH 30 DAYS WRITTEN NOTICE TO THE CONTRACTOR, CANCEL THE CONTRACT IN THE EVENT PRICES PROPOSED FOR CONTRACT MODIFICATION/EXTENSION ARE UNACCEPTABLE TO THE STATE. SEE SECTIONS I-P, PRICE PROPOSAL, AND I-S, MODIFICATION OF SERVICE. INSPECTION - ALL GOODS ARE SUBJECT TO INSPECTION AND TESTING. IN THE EVENT GOODS ARE DEFECTIVE IN MATERIAL OR WORKMANSHIP, OR OTHERWISE FAIL TO MEET THE REQUIREMENTS OF THE QUOTATION, THE STATE SHALL HAVE THE RIGHT TO REJECT THE GOODS OR RETAIN THE GOODS AND CORRECT THE DEFECTS. THE CONTRACTOR SHALL PAY THE STATE FOR EXPENSES INCURRED IN CORRECTING DEFECTS. REJECTED GOODS WILL BE HELD FOR 45 DAYS AFTER DELIVERY. THE CONTRACTOR MUST ARRANGE FOR THE RETURN OF SAID GOODS, INCLUDING PAYING FOR HANDLING, PACKING, AND TRANSPORTATION COSTS. DEPARTMENT THE STATE HAS THE AUTHORITY OF TO DISPOSE PURCHASING OF THE GOODS WITHOUT FURTHER LIABILITY TO THE STATE IN THE EVENT THE CONTRACTOR FAILS TO MAKE SUCH ARRANGEMENTS WITHIN THE SPECIFIED TIME. NON-DISCRIMINATION CLAUSE - IN THE PERFORMANCE OF ANY CONTRACT OR PURCHASE ORDER RESULTING HEREFROM, THE BIDDER AGREES NOT TO DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT, WITH RESPECT TO THEIR HIRE, TENURE, TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT, OR INVITATION ANY MATTER DIRECTLY OR INDIRECTLY TO RELATED BID TO EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, ANCESTRY, AGE, SEX, HEIGHT, WEIGHT, MARITAL STATUS, PHYSICAL OR MENTAL DISABILITY UN- RELATED TO THE INDIVIDUAL'S ABILITY TO PERFORM THE DUTIES OF THE PAR- TICULAR JOB OR POSITION. THE BIDDER FURTHER AGREES THAT EVERY SUB- CONTRACT ENTERED INTO FOR THE PERFORMANCE OF ANY CONTRACT (OR PURCHASE ORDER) RESULTING HEREFROM WILL CONTAIN A PROVISION REQUIRING NON- DISCRIMINATION IN EMPLOYMENT, AS HEREIN SPECIFIED, BINDING UPON EACH SUBCONTRACTOR. THIS COVENANT IS REQUIRED PURSUANT TO THE ELLIOTT LARSEN CIVIL RIGHTS ACT, 1976 PA 453, AS AMENDED, MCL , ET SEQ, PAGE : 17

19 AND THE PERSONS WITH DISABILITIES CIVIL RIGHTS ACT, 1976 PA 220, AS AMENDED, MCL , ET SEQ, AND ANY BREACH THEREOF MAY BE REGARDED AS A MATERIAL BREACH OF THE CONTRACT OR PURCHASE ORDER. STATE LAWS - ALL CONTRACTS OR PURCHASE ORDERS ISSUED AS A RESULT OF THIS SOLICITATION ARE SUBJECT TO, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE. ANY DISPUTE ARISING HEREIN SHALL BE RESOLVED IN THE. ASSIGNMENT OF ANTITRUST CAUSE OF ACTION - FOR AND IN CONSIDERATION OF THE OPPORTUNITY TO SUBMIT A QUOTATION AND OTHER GOOD AND VALUABLE CON- SIDERATION, THE BIDDER HEREBY ASSIGNS, SELLS AND TRANSFERS TO THE ALL RIGHTS, TITLE AND INTEREST IN AND TO ALL CAUSES OF ACTION IT MAY HAVE UNDER THE ANTITRUST LAWS OF THE UNITED STATES OR THIS STATE FOR PRICE FIXING, WHICH CAUSES OF ACTION HAVE ACCURED PRIOR TO THE DATE OF PAYMENT AND WHICH RELATE SOLELY TO THE PARTICULAR GOODS, COMMODITIES, OR SERVICES PURCHASED OR PROCURED BY THIS STATE PURSUANT TO THIS TRANSACTION. UNFAIR LABOR PRACTICES - PURSUANT TO 1980 PUBLIC ACT 278, AS AMENDED, MCL , ET SEQ, THE STATE SHALL NOT AWARD A CONTRACT OR SUB- CONTRACT TO AN EMPLOYER WHOSE NAME APPEARS IN THE CURRENT REGISTER OF EMPLOYERS FAILING TO CORRECT AN UNFAIR LABOR PRACTICE COMPILED PURSUANT TO SECTION 2 OF THE ACT. A CONTRACTOR OF THE STATE, RELATION DEPARTMENT TO THE CONTRACT, SHALL NOT OF ENTER INTO PURCHASING A CONTRACT WITH A SUBCONTRACTOR, MANUFACTURER, OR SUPPLIER WHOSE NAME APPEARS IN THIS REGISTER. PURSUANT TO SECTION 4 OF 1980 PUBLIC ACT 278, MCL , THE STATE MAY VOID ANY CONTRACT IF, SUBSEQUENT TO AWARD OF THE CONTRACT, THE NAME OF THE CONTRACTOR AS AN EMPLOYER, OR THE NAME OF THE SUBCONTRACTOR, MANUFACTURER OR SUPPLIER OF THE CONTRACTOR APPEARS IN THE REGISTER. IN ORDER TO BE CONSIDERED FOR AWARD EACH BIDDER MUST COMPLETE THIS DMB285 FORM, SUBMIT A PROPOSAL BASED ON THE ATTACHED PACKET AND COMPLETE ARTICLE 3 CERTIFICATIONS AND REPRESENTATIONS. WHEN YOU RETRIEVE THIS INFORMATION FROM THE INTERNET, IT IS IMPORTANT THAT YOU CLICK ON ALL OF THE ATTACHMENTS. YOU WILL NOT BE ABLE TO PROPERLY BID UNLESS YOU HAVE ALL OF THE APPROPRIATE DOCUMENTS. PLEASE READ THE ATTACHED TERMS, CONDITIONS, AND SPECIFICATIONS PRIOR TO COMPLETING YOUR BID, OR SUBMITTING QUESTIONS. OPEN BID SUBMISSION - PURCHASING OPERATIONS MUST RECEIVE A BID BY THE BID DEADLINE OR IT WILL DISQUALIFY THE BID. BIDS IDENTIFIED AS OPEN BIDS MUST BE RECEIVED IN PURCHASING OPERATIONS AND TIME- STAMPED BY 3:00 P.M. OF THE DUE DATE. THE TERMS ON THE FACE OF THE ITB MAY ESTABLISH A DIFFERENT TIME DEADLINE. OPEN BIDS MAY BE

20 PAGE : 18 DELIVERED TO THE RECEPTIONIST DESK OF PURCHASING OPERATIONS OR SENT BY U.S. MAIL TO: DEPARTMENT OF MANAGEMENT & BUDGET PURCHASING OPERATIONS P.O. BOX LANSING, MI OR DEPARTMENT OF MANAGEMENT & BUDGET BY COURIER SERVICE TO: PURCHASING OPERATIONS MASON BUILDING, 2ND FLOOR 530 WEST ALLEGAN STREET LANSING, MI FAXED BIDS WILL NOT BE ACCEPTED UNLESS SPECIFICALLY REQUESTED BY PURCHASING OPERATIONS. DEPARTMENT OF PURCHASING --- END OF DOCUMENT ---