STATE OF WASHINGTON



State of Washington

DEPARTMENT OF GENERAL ADMINISTRATION

Office of State Procurement

Rm. 201 General Administration Building, P.O. Box 41017 ( Olympia, Washington 98504-1017 ( (360) 902-7400



INVITATION FOR BID (IFB)

BREAST PUMPS, WSCA/WIC PROGRAMS

(THIS IS A RE-BID OF IFB 03405)

|Contract Number |Pre-Bid Conference (optional) |Bid Due Date & Time |

|10305 |November 16, 2005 – 10 am |December 6, 2005, 2pm |

bids must be received& Stamped on or before the opening date & time at this location:

210 11th AVe SW, Rm. 201, General Administration Building Olympia WA 98504-1017

Sheila Mott

Contract Specialist

Phone (360) 902-7438

Fax (360) 586-2426

E-mail smott@ga.

For a site map to the Capitol Campus, click .

Driving directions and parking information

ANNOUNCEMENT AND SPECIAL INFORMATION

Bidders are required to read and understand all information contained within this entire bid package. The Competitive Procurement Standards, which are referred to in this bid package are not automatically printed or sent out with this IFB. By responding to this IFB the bidder agrees to read and understand these documents. These documents are available on our website at .

In support of the State of Washington’s economic and environmental goals, we encourage you to consider the following elements in responding to our bids. These are not a factor of award (unless otherwise specified in this document):

• Using environmentally preferable products and products that exceed EPA guidelines

• Supporting a diverse supplier pool, including small, minority, and women-owned firms

• Featuring products made or grown in Washington.

Table of Contents

1 ANNOUNCEMENT AND SPECIAL INFORMATION 1

1.1 PUBLIC DISCLOSURE 4

1.2 SCOPE 4

1.3 questions & inquiries 4

1.4 PREBID CONFERENCE 4

2 CHECK LIST 5

3 Bid Submittals 6

3.1 OFFER AND AWARD 6

3.2 BID INFORMATION 7

3.3 REFERENCES 7

3.4 AUTHORIZED REPAIR FACILITIES: 8

3.5 DESCRIPTIVE LITERATURE/TECHNICAL DOCUMENTATION 9

3.6 SPECIFICATIONS 9

3.7 PRICE SHEETS 19

4 BID EVALUATION 23

4.1 EVALUATION/AWARD 23

4.2 SAMPLES 23

4.3 EVALUATION CONFERENCE 23

5 CONTRACT REQUIREMENTS 23

5.1 ADMINISTRATIVE FEE 23

5.2 RETENTION OF RECORDS 23

5.3 REPORTS 24

6 SPECIAL TERMS AND CONDITIONS 24

6.1 DELIVERY 24

6.2 TRAINING 25

6.3 REPAIR/SERVICE FACILITIES 25

6.4 Minimum Orders 25

6.5 INVOICING 25

6.6 WARRANTY 25

6.7 REPLACEMENT PARTS 25

6.8 PRODUCT LITERATURE/INSTRUCTIONS & VIDEO 26

6.9 PRICING AND ADJUSTMENTS 26

6.10 CONTRACTOR PERFORMANCE 27

6.11 PURCHASING CARD ACCEPTANCE 27

6.12 BIDDER COMPLIANCE 27

7 Standard Contract Terms and Conditions 28

7.1 PARTICIPANTS 28

7.2 DEFINITIONS: 28

7.3 QUANTITY ESTIMATES 28

7.4 SPECIFICATIONS 28

7.5 ACCEPTANCE OR REJECTION OF BIDS AND PROPOSALS 29

7.6 SAMPLES 29

7.7 CASH DISCOUNT TERMS 29

7.8 TAXES 29

7.9 MODIFICATION OR WITHDRAWAL OF BIDS AND PROPOSALS 29

7.10 PATENTS, COPYRIGHTS, ETC 29

7.11 AWARD 29

7.12 NON-COLLUSION 29

7.13 TERMINATION 29

7.14 DEFAULT AND REMEDIES 30

7.15 LAWS AND REGULATIONS 30

7.16 CONFLICT OF TERMS 30

7.17 REPORTS 30

7.18 HOLD HARMLESS 30

7.19 ORDER NUMBERS 30

7.20 GOVERNING LAW AND VENUE 30

7.21 DELIVERY 31

7.22 WARRANTY (including Year 2000) 31

7.23 AMENDMENTS 31

7.24 ASSIGNMENT/SUBCONTRACT 31

7.25 NONDISCRIMINATION 31

7.26 SEVERABILITY 32

7.27 INSPECTIONS 32

7.28 PAYMENT 32

7.29 FORCE MAJEURE 32

7.30 HAZARDOUS CHEMICAL INFORMATION 32

7.31 FIRM PRICE 32

7.32 EXTENSION OF PRICES 32

7.33 PROPOSAL PREPARATION COSTS 32

7.34 CERTIFICATION REGARDING CONFLICT OF INTEREST 32

7.35 INDEPENDENT CONTRACTOR 33

7.36 POLITICAL SUBDIVISION PARTICIPATION 33

7.37 CERTIFICATION REGARDING DEBARMENT 33

7.38 RECORDS ADMINISTRATION 33

7.39 PRICES AS CEILING 33

7.40 AUDIT OF RECORDS 33

1 PUBLIC DISCLOSURE

Bid information, including price sheets, will not be available for public disclosure until after award of the contract. At the time of bid opening, only the name of the bidder and time of bid receipt will be read aloud.

2 SCOPE

A PURPOSE

The purpose of this IFB is to establish a CONVENIENCE contract for the as needed purchase of Manual & Electric Breast Pumps and Double Pumping Kits. Purchases will be by authorized, participating members of the Western State Contracting Alliance (WSCA) and their Women’s, Infants and Children’s (WIC) programs.

C PURCHASERS

The participating members for this contract are the WIC programs for States of Arizona, District of Columbia, Hawaii, Idaho, Inter Tribal Council of Arizona, Nevada, Oregon, Washington, Wyoming, and American Samoa. Contractors shall not process contract orders from unauthorized purchasers.

D ESTIMATED USAGE

It is estimated that purchases over the initial two year term of the contract purchases will be approximately $1,000,000. Estimates are based on past usage and as such, the State of Washington does not guarantee any minimum purchase. Orders will be placed on an as needed basis by the individual participating WSCA members.

E TERM

The contract term will be for an initial two years from date of award with an option to extend for additional terms or portions. Extension will be subject to mutual agreement. The total contract term may not exceed five (5) years.

3 questions & inquiries

All questions related to the IFB shall be directed to the Contract Specialist (CS) identified on the first page. Inquiries are to be in writing and shall reference the appropriate section and paragraph number. Questions received less than 5 calendar days prior to bid opening may not be considered. Only questions answered by written amendment are binding. Oral interpretations have no legal effect.

Questions submitted prior to the pre-bid conference are to be emailed to the CS. These will be reviewed and addressed at the conference. Questions received after the conference are to be in email form and will be responded to by the CS via email. Emails are not considered a form of written amendment and are not binding.

4 PREBID CONFERENCE

An optional conference to address contractual requirements will be held at the time and location indicated below. Prospective bidders are encouraged to be present. If changes are required as a result of the conference, written bid amendments will be issued.

Note: Assistance for disabled, blind or hearing-impaired persons who wish to attend is available with pre-arrangement with the Office of State Procurement (OSP). Contact the Contract Specialist identified on the face page of this document.

|Pre Bid Date: |November 2, 2005 |

|Pre Bid Time: |10:00 A.M. TO NOON |

|Pre Bid Location: |Office of State Procurement |

| |210 11th AVE SW GA Building Room 201 |

| |Corner of 11th and Columbia |

| |Olympia Washington 98504-1017 |

CHECK LIST

This checklist is provided for bidder's convenience only and identifies the bid documents that are to be submitted with each package. Any bid packages received without these documents may be deemed non-responsive and may not be considered for award.

|Bid submittal entitled: Offer and Award | |

|Bid submittal entitled: Bid Information | |

|Bid submittal entitled: Specifications | |

|Bid submittal entitled: Price Sheets | |

|Warranties | |

|References | |

|Bid submittal entitled: Authorized Repair Facilities | |

|Descriptive Literature/Technical Documentation | |

|Amendment(s) (if applicable) | |

Bid Submittals

1 OFFER AND AWARD

Bidders are required to read and understand all information contained within this entire bid package. There are some standard documents, which are referred to in this bid package that are not automatically printed or sent out with this bid. For example, Competitive Procurement Standards (Standard Terms and Conditions, Instructions to Bidders, Definitions), Sales/Service & Subcontractor Report are binding terms of this contract. It is important that you read and understand these documents. These documents are available on our website at .

STANDARD DEFINITIONS revised 06/02/03

STANDARD INSTRUCTIONS FOR BIDDERS revised 06/02/03

STANDARD TERMS AND CONDITIONS revised 06/02/03

Bidder further offers to furnish materials, equipment or services in compliance with all terms, conditions, and specifications herein including all amendments. Submitting this document with an authorized signature constitutes complete understanding and compliance with the terms and conditions and certifies that all-necessary facilities or personnel are available and established at the time of bid submittal.

|(Company Name) | |(Typed or Printed Name) |

| | | |

|(Address) | |(Title) |

| | | |

|(City) (State) (Zip) | |(Phone No.) |

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|(Federal Tax Identification Number) | |(Bidder’s Signature) (Date) |

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|Email | | |

CONTRACT AWARD

(For State of Washington Use Only)

A contract is hereby awarded between the above company and the State of Washington, Office of State Procurement, Purchasing and Contract Administration, to be effective ___________, Year 200__. This is a Partial/Total award for BREAST PUMPS (WSCA/WIC).

Authorized Signatures

|Sheila Mott, Contract Specialist | |Date | |Unit Manager | |Date |

2 3 BID INFORMATION

Bidder shall complete the following:

1. Lead-time: Materials, equipment or services will be delivered within calendar days after receipt of order (ARO) (maximum allowable is 30 days).

2. Prompt Payment Discount % _______ days. Note: Prompt payment discount periods equal to (or greater than) 30 calendar days will receive consideration and bid pricing will be reduced (for evaluation purposes only) by the amount of that discount(s).

1. Minimum Order requirement(s): _______________ (Reference paragraph 6.4.)

2. Purchasing (Credit) Cards accepted Yes ______________ No ______________

(Washington State Purchasing card is VISA)

3. Authorized Representative:

|Primary Contact-Contract Administration |Alternate Contact - Contract Administration |

|Name: | |Name: | |

|Telephone: | |Telephone: | |

|Fax: | |Fax: | |

|Email: | |Email: | |

|Customer Service/Order Placement |Usage Report Contact |

|Name: | |Name: | |

|Telephone: | |Telephone: | |

|Fax: | |Fax: | |

|Email: | |Email: | |

4. Addresses:

|Orders to be sent to: |Billing will be from: |Payment to be sent to: |

| | | | | |

| | | | | |

| | | | | |

5. Firms bidding from California only: Is your firm currently certified as a small business under California Code, Title 2, Section 1896.12? Yes No

4 REFERENCES

Bidder shall furnish a minimum of five (5) references for which bidder has delivered goods or services on a contract similar in scope to that described in this IFB. The state reserves the right to waive reference checks if the bidder has a known, good performance history. Negative responses on Reference checks may be grounds for finding bid non-responsive. See form or main page

5 AUTHORIZED REPAIR FACILITIES:

Bidder shall provide a list of authorized repair facilities which will honor the warranty of the items on contract. (Reference paragraph 6.3):

|ADDRESS: | | |PHONE: | |

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| | | |TECHNICAL ASSISTANCE | |

|ADDRESS: | | |PHONE: | |

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|ADDRESS: | | |PHONE: | |

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| | | |TECHNICAL ASSISTANCE | |

|ADDRESS: | | |PHONE: | |

| | | |CONTACT: | |

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|ADDRESS: | | |PHONE: | |

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| | | |TECHNICAL ASSISTANCE | |

|ADDRESS: | | |PHONE: | |

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|ADDRESS: | | |PHONE: | |

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| | | |TECHNICAL ASSISTANCE | |

|ADDRESS: | | |PHONE: | |

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6 DESCRIPTIVE LITERATURE/TECHNICAL DOCUMENTATION

Bidder shall provide with bid response all necessary descriptive literature and/or technical documentation required to verify specifications. Failure to do so may cause bid to be rejected.

7 SPECIFICATIONS

Note to bidders: Failure to complete the specification sheet WILL be cause to find your bid non-responsive.

|DESCRIPTION |BIDDER TO DESCRIBE PRODUCT BID FULLY |

|PERSONAL-USE ELECTRIC DOUBLE BREAST PUMPS | |

|Packaging: | |

|Unit is packaged with milk collection kit pre-assembled. | |

|Contains all parts necessary to pump one or two breasts with the electric pump. | |

|Includes parts needed to manually pump one breast. | |

|Include a single page instruction sheet packaged with each pump. Printed in English and Spanish, | |

|which are at a 4th – 6th grade reading level and include pump assembly, use, cleaning instructions, | |

|and handling and storage of the pumped milk. The WSCA participating WIC offices will approve the | |

|instructions prior to printing. Instructions shall be inserted into pump before delivery. Model | |

|number on the products shall agree with model numbers listed in the instructions. | |

|Technical Description | |

|Less than 9 pounds with carrying case, excluding the insulated section or insulated case and cooling | |

|elements. | |

|Unit is effective for the majority of users. | |

|Be designed for a single user | |

|When used according to manufacturer’s instructions, does not allow breast milk to contact the | |

|electric pump housing unit or mechanism. | |

|Operates at a suction pressure of up to 220 mm Hg at the breast shield during use | |

|Has a suction regulator on the breast pump that allows the individual user to adjust suction pressure| |

|while using the pump. | |

|Has a mechanism to prevent user from achieving a suction level over 250 mm Hg for longer than two | |

|seconds without substantial collapse of breast flange on nipple if pump uses automatic suction | |

|control. | |

|Has a mechanism for automatic release of suction at the end of each stroke. | |

|Is able to maintain a constant vacuum fluctuation range as the collection container fills with milk, | |

|regardless of the container size and single or double pumping. | |

|Has the ability to create an automatic suction cycle rate of 45-60 cycles per minute | |

|Be easily adapted for single or double pumping | |

|Unit has a breast flange that is effective and comfortable for the majority of users. Can easily | |

|accommodate larger (27 – 28.5 mm and 30 - 30.5 mm) breast flanges. Can easily accommodate a flexible| |

|breast flange. (User should be able to convert kit to a larger flange by purchasing only the larger | |

|flanges). Bidder to indicate which flanges are included with the pump. | |

|Includes at least four reusable milk collection containers with spill proof caps that are easy to | |

|remove with minimal spillage and hold a minimum of 4 oz each. | |

|Accommodates any standard screw top baby bottle and plastic milk collection bag to directly collect | |

|milk. | |

|Includes a durable, cleanable carrying case with an adjustable, cleanable shoulder strap attached to | |

|facilitate carrying of the pump. Carrying case shall accommodate the pump and all pump parts and | |

|shall include an insulated section large enough to store a cooling element and 4 manufacturer’s | |

|bottles. | |

|Uses 110 volt electrical outlet, and have the option of use with a battery and vehicle adapter. | |

|(Battery and vehicle adapter may be sold separately. Please indicate if pump includes a rechargeable| |

|battery pack and/or car adaptor. See specifications for Battery Pack for Personal Use Electric Double| |

|Breast Pump and Vehicle Adapter for Personal Use Electric Double Breast Pump.) | |

|UL listed | |

|Complies with all FDA regulations | |

|Pumping session can be completed in 30 minutes or less. | |

|Covered by a full parts and labor warranty for a minimum of 1 year after receipt of unit by client. | |

|Cleaning: Easy to disassemble and reassemble. Unit is easy to clean external parts with a household | |

|detergent and shall maintain integrity and functionality after daily sanitation in a boiling water | |

|bath or dishwasher during the specified warranty period. | |

|Battery Pack For Personal-Use Electric Double Breast Pump | |

|Packaging: One battery pack per package. | |

|Technical Description: | |

|1. Designed for use with the Personal-use Electric Double Breast Pump when electricity is not | |

|available. | |

|2. Contains a battery receptacle.. Batteries may or may not be included. Bidder to indicate the | |

|type of batteries required or included. | |

|3. When batteries are fully charged, unit is capable of running the pump for at least one hour. | |

|4. Covered by a parts warranty for a minimum of 90 days after issuance to the client. | |

|5. Bidder to indicate if Battery Pack is included with Personal Use Electric Double Breast Pump. | |

|Vehicle Lighter Adapter For Personal Use Electric Double Breast Pumps | |

|Packaging: One vehicle lighter adapter per package. | |

|Technical Description | |

|1. Designed to be used with the Personal-Use Electric Double Breast Pump. | |

|2. Vehicle Lighter Adapter can be plugged into most vehicles. | |

|3. Covered by a parts warranty for a minimum of 90 days after issuance to client. | |

|4. Bidder to indicate if Vehicle Lighter Adapter is included with Personal Use Electric Double | |

|Breast Pump. | |

| | |

|MULTI-USER ELECTRIC DOUBLE BREAST PUMP | |

|Packaging: | |

|Unit to be packaged one pump per box and be labeled with the contents, quantity and serial number of | |

|the pump on the exterior of each box, as well as on the pump itself | |

|Include a single page laminated instruction sheet packaged with each pump. Printed in English and | |

|Spanish, which are at a 4th – 6th grade reading level and include pump assembly, use and cleaning | |

|instructions, and handling and storage of pumped milk. The WSCA participating WIC offices will | |

|approve the instructions prior to printing. Instructions shall be inserted into pump before | |

|delivery. Model number on the products shall agree with model numbers listed in the instructions. | |

|Technical Description: | |

|Unit is designed for multiple users. | |

|When used according to manufacturer’s instructions, does not have a pathway for breast milk to | |

|contact the electric pump housing unit or mechanism. | |

|Operates at a suction pressure between 100 mg Hg and 240 mm Hg at the breast shield during use. | |

|Suction pressure below 100 mg Hg at the lower end of the range is acceptable. | |

|Has a suction regulator on the breast pump that allows the individual user to adjust suction pressure| |

|while using the pump. | |

|Has a mechanism (on the pumping kit if needed) to prevent user from achieving a suction level over | |

|250 mm Hg for longer than two seconds without substantial collapse of breast flange on nipple if pump| |

|uses automatic suction control. | |

|Has a system for automatic release of suction at the end of each stroke. | |

|Is able to maintain a constant vacuum fluctuation range as the collection container fills with milk, | |

|regardless of the container size and single or double pumping. | |

|Has the ability to create a suction cycle rate of 50 cycles per minute. A greater range of cycling | |

|of 30 - 60 cycles per minute is acceptable. | |

|Has an automatic cycling mechanism. | |

|Be easily adapted for single or double pumping. | |

|Allows each individual user to use a pre-packaged, easy-to-assemble double pumping accessory kit that| |

|meets the Multi User Electric Double Breast Pumping Kit specifications without adaptive or accessory | |

|equipment other than what is included in the Multi-User ElectricDouble Breast Pumping Kit. | |

|Includes a durable carrying case with an adjustable shoulder strap attached to facilitate carrying of| |

|the pump and all pump parts. All parts of the carrying case shall be easy to clean and sanitize | |

|between users. | |

|Does not exceed 12 pounds including carrying case. | |

|Uses 110 volt electrical outlet and has the option of use with a battery and vehicle adapter. | |

|(Battery and vehicle adapter may be sold separately. See specifications for Battery Pack for | |

|Multi-User Electric Double Breast Pump and Vehicle Adapter for Multi-User Electric Double Breast | |

|Pump). | |

|UL listed. | |

|Complies with all FDA requirements. | |

|Be effective at establishing a mother’s milk supply and extracting milk for the majority of users. | |

|Be effective enough that a pumping session can be completed in 20-30 minutes or less. | |

|Be covered by a full parts and labor warranty for a minimum of 3 years after the date of distribution| |

|to the first end user. | |

|Cleaning: External parts are easy to disassemble and clean with a household detergent, and easy to | |

|reassemble. Dishwasher safe or autoclavable. | |

|Double Pumping Kit For Multi-User Electric Double Breast Pump | |

|Packaging: | |

|Unit to be packaged pre-assembled (with or without bottles pre-assembled) with all parts necessary to| |

|simultaneously pump one or two breasts using the Multi-User Electric Double Breast Pump as described | |

|under those specifications. | |

|Parts should include those needed to convert into a manual pump. | |

|The kit shall not contain accessories that are not compatible with the Multi-user Electric Double | |

|Breast Pump or manual pump. | |

|Includes a single page instruction sheet packaged with each kit. Printed in English and Spanish, | |

|which are at a 4th – 6th grade reading level and include kit assembly, use and cleaning instructions,| |

|and handling and storage of pumped milk. The WSCA participating WIC offices will approve the | |

|instructions prior to printing. Instructions shall be inserted into kit before delivery. Model | |

|number on the products shall agree with model numbers listed in the instructions | |

|Packaged not more than 20 kits per box and be labeled on the outside with the contents and quantity. | |

|Technical Description: | |

|Be designed for a single user. | |

|Is effective for the majority of users | |

|When used according to manufacturer’s instructions, does not allow breast milk to get into the | |

|electric pump housing or mechanism. | |

|Be designed to prevent breast milk from coming into contact with the internal working parts of the | |

|hospital-grade double electric pump or manual pump when used according to manufacturer’s | |

|instructions. | |

|Has a breast flange that is effective and comfortable for the majority of users. Can easily | |

|accommodate larger (27 – 28.5 mm and 30 - 30.5 mm) breast flanges. Can easily accommodate a flexible| |

|breast flange. (User should be able to convert kit to a larger shield by purchasing only the larger | |

|flange). Bidder to indicate which flanges are included in the Multi-user Electric Double Pumping | |

|Kit. | |

|Includes at least one extra membrane and/or valve | |

|Uses materials that meet industry standards | |

|Includes at least two reusable milk collection containers with spill proof caps. Milk collection | |

|containers shall be easy to remove with minimal spillage and hold a minimum of 4 oz each. | |

|Accommodates any standard screw top baby bottle and plastic milk collection bag to directly collect | |

|milk | |

|10 Covered by a full parts and labor warranty for a minimum of 90 days after issuance to the client. | |

|11. Cleaning: Is easy to disassemble and reassemble. Kit is easy to clean with a household detergent | |

|and shall maintain integrity and functionality after daily sanitation in a boiling water bath or | |

|dishwasher during the specified warranty period. | |

|Battery Pack For Multi-User Electric Double Breast Pump | |

|Packaging: One battery pack per package. | |

|Technical Description: | |

|1. Designed for use with the Multi-User Electric Double Breast Pump when electricity is not | |

|available. | |

|2. Contains a rechargeable battery and power cord. | |

|3. When fully charged unit is capable of running the pump for at least one hour. | |

|4. Covered by a parts warranty for a minimum of 90 days after issuance to the client. | |

|5. Please note if Battery Pack is included with the Multi-User Electric Double Breast Pump. | |

|Vehicle Lighter Adapter For Multi-User Electric Double Breast Pumps | |

|Packaging: One vehicle lighter adapter per package. | |

|Technical Description | |

|1. Designed to be used with the Multi-User Electric Double Breast Pump. | |

|2. Vehicle Lighter Adapter can be plugged into most vehicles. | |

|3. Covered by a parts warranty for a minimum of 90 days after issuance to client. | |

|4. Bidder to indicate if Vehicle Lighter Adapter is included with Multi-User Electric Double Breast| |

|Pump. | |

| | |

|ONE-HAND MANUAL BREAST PUMP | |

|Packaging | |

|Unit to be packaged pre-assembled with all parts necessary to pump one breast. | |

|Include a single page instruction sheet packaged with each pump. Printed in English and Spanish, | |

|which are at a 4th – 6th grade reading level and include pump assembly, use and cleaning | |

|instructions, and handling and storage of pumped milk. The WSCA participating WIC offices will | |

|approve the instructions prior to printing. Instructions shall be inserted into pump before | |

|delivery. Model number on the products shall agree with model numbers listed in the instructions. | |

|Technical Description | |

|Unit is lightweight and portable. | |

|Operates with one hand. | |

|Designed for a single user or is autoclavable. | |

|Operates at a maximum suction pressure between 220 - 240 mm Hg at the breast shield during use. | |

|Suction is adjustable during use. | |

|Has a mechanism for automatic release of suction at the end of each stroke. | |

|Designed to prevent breast milk from coming in contact with the internal working parts of the pump | |

|when used correctly. The pump cylinder is not to be used as a milk-collecting container. | |

|Has a breast flange that is effective and comfortable. Can accommodate larger (27 – 28.5 mm and 30 -| |

|30.5 mm) breast flanges and can accommodate a flexible breast flange. Bidder to indicate which | |

|flanges are included with the pump. | |

|Includes at least one extra membrane and/or valve. | |

|Includes at least one reusable milk collection container with spill proof cap. | |

|Milk collection container shall be easy to remove with minimal spillage and hold a minimum of 4 oz. | |

|Accommodates any standard screw top baby bottle and plastic milk collection bag to directly collect | |

|milk. | |

|Covered by a full parts and labor warranty for a minimum of 90 days after issuance to the client. | |

|Cleaning: Is easy to disassemble and reassemble. Unit is easy to clean with a household detergent and| |

|shall maintain integrity and functionality after daily sanitation in a boiling water bath or | |

|dishwasher during the specified warranty period. | |

| | |

|TWO-HAND MANUAL BREAST PUMP | |

|Packaging | |

|1. Unit to be packaged pre-assembled with all parts necessary to pump one breast. | |

|2. Include a single page instruction sheet packaged with each pump. Printed in English and Spanish,| |

|which are at a 4th – 6th grade reading level and include pump assembly, use and cleaning | |

|instructions, and handling and storage of pumped milk. The WSCA participating WIC offices will | |

|approve the instructions prior to printing. Instructions shall be inserted into pump before | |

|delivery. Model number on the products shall agree with model numbers listed in the instructions. | |

|Technical Description | |

|1. Unit is lightweight and portable. | |

|2. Operates with two hands. | |

|3. Designed for a single user or is autoclavable. | |

|4. Operates at a maximum suction pressure between 220 - 240 mm Hg at the breast shield during use | |

|5. Suction is adjustable during use. | |

|6. Has a mechanism for automatic release of suction at the end of each stroke. | |

|7. Designed to prevent breast milk from coming in contact with the internal working parts of the pump| |

|when used correctly. The pump cylinder is not to be used as a milk-collecting container. | |

|8. Has a breast flange that is effective and comfortable. Can accommodate larger (27 – 28.5 mm and | |

|30 - 30.5 mm) breast flanges and can accommodate a flexible breast flange. Bidder to indicate which | |

|flanges are included with the pump. | |

|9. Includes at least one extra membrane and/or valve. | |

|10.Includes at least one reusable milk collection container with spill proof cap. | |

|11.Milk collection container shall be easy to remove with minimal spillage and hold a minimum of 4 | |

|oz. | |

|12.Accommodates any standard screw top baby bottle and plastic milk collection bag to directly | |

|collect milk. | |

|13.Covered by a full parts and labor warranty for a minimum of 90 days after issuance to the client.| |

|14.Cleaning: Is easy to disassemble and reassemble. Unit is easy to clean with a household detergent | |

|and shall maintain integrity and functionality after daily sanitation in a boiling water bath or | |

|dishwasher during the specified warranty period. | |

|15. This product is not required if bidder only produces a one-hand manual pump. | |

| | |

|SPECIALTY FLANGES FOR BREAST PUMPS | |

|Packaging: Individually or in bulk. | |

|Technical Description | |

|Flanges shall be available for each of the following descriptions: | |

|Flange with a 27 - 28.5 mm opening | |

|Flange with a 30 - 30.5 mm opening | |

|Flange (or insert to flange) which is soft or flexible. | |

|2. Can be used with the Multi-user Electric Double Pumping Kit, Manual Breast Pumps, and Personal-Use| |

|Electric Double Breast Pump without purchasing additional parts. | |

|3. Covered by a parts warranty for a minimum of 90 days after issuance to the client | |

|4. Cleaning: Easy to replace standard flange with specialty flange. Cleans with a household detergent| |

|and shall maintain integrity and functionality after daily sanitation in boiling water bath or | |

|dishwasher during the specified warranty period. | |

| | |

|WORLD HEALTH ORGANIZATION | |

|Manufacturer of product bid adheres to The World Health Organization (WHO) International Code of the | |

|Marketing of Breast Milk Substitutes. | |

8 PRICE SHEETS

|Item |Comm. Code |Description |Total Est. 2-yr. |Unit |Unit Price |Total Price |

| | | |Usage | | | |

| |6515 |PERSONAL-USE ELECTRIC DOUBLE BREAST PUMPS |7700 EA |EACH |$________ |$_________ |

| | | | | | | |

| | |For Product Bid State: | | | | |

| | |Mfg.: | |BOX |$________ | |

| | |Brand/Model: | | | | |

| | |______Each Per Box | | | | |

| |6515 |BATTERY PACK for PERSONAL-USE ELECTRIC DOUBLE BREAST PUMPS |700 EA |EACH |$__________ | |

| | | | | | | |

| | |For Product Bid State: | | | | |

| | |Mfg.: | |BOX |$___________ | |

| | |Brand/Model: | | | | |

| | |______Each Per Box | | | | |

| |6515 |VEHICLE LIGHTER ADAPTER for PERSONAL-USE ELECTRIC DOUBLE BREAST PUMPS |800 EA |EACH |$_________ | |

| | | | | | | |

| | |For Product Bid State: | | | | |

| | |Mfg.: | |BOX |$__________ | |

| | |Brand/Model: | | | | |

| | |______Each Per Box | | | | |

| |6515 |MULTI-USER ELECTRIC DOUBLE BREAST PUMP |1624 EA |EACH |$________ |$_________ |

| | | | | | | |

| | |For Product Bid State: | | | | |

| | |Mfg.: | |BOX |$________ | |

| | |Brand/Model: | | | | |

| | |______Each Per Box | | | | |

| |6515 |KITS for MULTI-USER ELECTRIC DOUBLE BREAST PUMPS. |9670 EA |EACH |$________ |$_________ |

| | | | | | | |

| | |For Product Bid State: | | | | |

| | |Mfg.: | |BOX |$________ | |

| | |Brand/Model: | | | | |

| | |_______Each Per Box | | | | |

| |6515 |BATTERY PACK for MULTI-USER ELECTRIC DOUBLE BREAST PUMPS |100 EA |EACH |$________ |$_________ |

| | | | | | | |

| | |For Product Bid State: | | | | |

| | |Mfg.: | |BOX |$________ | |

| | |Brand/Model: | | | | |

| | |_______Each Per Box | | | | |

| |6515 |VEHICLE LIGHTER ADAPTER for MULTI-USER ELECTRIC DOUBLE BREAST PUMPS. |100 EA |EACH |$________ |$_________ |

| | | | | | | |

| | |For Product Bid State: | | | | |

| | |Mfg.: | |BOX |$________ | |

| | |Brand/Model: | | | | |

| | |_______Each Per Box | | | | |

| |6515 |MANUAL BREAST PUMPS, ONE-HAND |6300 EA |EACH |$________ |$_________ |

| | | | | | | |

| | |For Product Bid State: | | | | |

| | |Mfg.: | |BOX |$________ | |

| | |Brand/Model: | | | | |

| | |______Each Per Box | | | | |

| |6515 |MANUAL BREAST PUMPS, TWO-HAND |12,300 EA |EACH |$_________ | |

| | | | | | | |

| | |For Product Bid State: | | | | |

| | |Mfg.: | |BOX |$_________ | |

| | |Brand/Model: | | | | |

| | |______Each Per Box | | | | |

| |6515 |SPECIALTY FLANGES FOR BREAST PUMPS |4590 EA |EACH |$________ |$_________ |

| | | | | | | |

| | |For Product Bid State: | | | | |

| | |Mfg.: | |BOX |$________ | |

| | |Brand/Model: | | | | |

| | |_______Each Per Box | | | | |

| | | | | |TOTAL(each pricing): |$ |

Annual estimated usage per participating Member (quantity shown per each unit)

|PARTICIPATING MEMBER |ITEM 1 |

| |Personal-use Pumps |

|Arizona |Delivery shall be made to multiple local WIC agency locations. |

|District of Columbia |Delivery shall be made to the WIC State Agency |

| |Attention: Breastfeeding Coordinator |

| |2100 MLK Ave, SE Suite 409 |

| |Washington, DC 20020 |

|Hawaii |Delivery shall be made to multiple local WIC agency locations. |

|Idaho |Delivery shall be made to multiple local WIC agency locations. |

|ITCA |Delivery shall be made to multiple local WIC agency locations. |

|Oregon |Delivery shall be made to approximately 30-40 Local WIC Agencies and WIC breast pump partner programs |

| |around the state of Oregon, and shall be made during normal business hours. Product shall be delivered to|

| |a specific area inside a building as specified by each Local WIC Agency. |

|Nevada |Delivery shall be made to multiple local WIC agency locations. |

|Wyoming |Delivery shall be made to multiple local WIC agency locations. |

|Washington |Delivery shall be made during normal business hours to the state Department of Health warehouse located at|

| |7745-C Arab Road, Olympia, Washington 98504. |

9 TRAINING

Upon request by a WSCA/WIC Program, Contractor shall provide a minimum of 1 hour training for local agency WIC staff on assembly, use and cleaning of equipment and handling and storage of pumped milk. Locations and times will be designated by each WSCA/WIC office. Regional training may be permitted if the WSCA/WIC offices agree. Any costs for training shall be paid by the Contractor. Training materials shall be provided by the Contractor. Such assistance shall be available within 60 calendar days after delivery of product upon request. Contractor shall provide appropriate training documentation or operating documentation covering all functionalities and required operator maintenance issues. A training video may replace the in-person training for locations that are outside of the continental US. WSCA/WIC contract participants may also request specific training as an as needed basis at no cost to the WSCA/WIC.

10 REPAIR/SERVICE FACILITIES

Repair/service facilities shall be available to all participating WSCA/WIC (see paragraph 3.4.). Bidder shall provide a loaner pump within two working days from notification. Repair/service shall be provided to American Samoa within a time period to be mutually agreed upon. Contractor shall appoint a contact person for consultation and technical assistance. Bidders shall provide with bid response a list of authorized factory repair facilities which will honor the warranty of items on contract. The list will include the facility name, address, telephone number and contact period.

11 Minimum Orders

After contract award any new minimum order requirements can not be added. Bidders are to include with bid response any minimum order requirements. Any minimum order requirements that are not conducive with the WSCA/WIC state’s ordering requirements may be cause to reject bid as non-responsive to state’s requirements. See Bid Information, paragraph 3.2.3.

12 INVOICING

Contractor will contact each WSCA/WIC contract participant to discuss specifics of invoicing procedures.

13 WARRANTY

Bidder will submit a copy of warranty as an attachment to bid response and items delivered under the awarded contract are also to be accompanied by a copy of the warranty. Full parts and labor warranty for each item is shown in the specification. All materials or equipment provided shall be new, unused, of the latest model or design and of recent manufacture.

Should product fail to function and it is reported prior to the expiration date of the warranty, the Contractor shall make repairs as necessary or replace the unit at the Contractor’s option. Shipping costs for returned product warranty service shall be paid by the Contractor. Contractor shall provide loaners or replacement equipment if equipment cannot be repaired or replaced and returned to the user within 30 days of receipt. All shipping costs for the loaners shall be paid by the Contractor.

14 REPLACEMENT PARTS

Replacement parts for Multi-user Double Electric Breast Pump, Manual Breast Pump and Personal Double Electric Breast Pump should be easily accessible via a local distributor or through the manufacturer. Information concerning how to obtain replacement parts shall be placed with each pump prior to delivery. Phone support including a toll-free phone line shall be available no less than 40 hours per seven day week.

15 PRODUCT LITERATURE/INSTRUCTIONS & VIDEO

Printed materials shall be provided with each ordered pump and/or upon request and shall:

▪ Include instructions for assembly of pump, attachment of collection kit to pump, use of pump and cleaning.

▪ Include guidelines for safe handling and storage of pumped milk.

▪ Include pictures or diagrams that support the written directions.

▪ Be in both English and Spanish.*

▪ Be written at a 4th – 6th grade reading level.

▪ Be free of mention or advertisement of infant feeding supplements (this not only applies to printed material but entire pump and all accessories).

▪ Include contact information that includes a technical assistance toll-free number.

▪ Be pre-approved by the WSCA participating WIC offices prior to printing. (Contractor will send printed materials to the WSCA/WIC representatives for approval within 30 calendar days after award. The WSCA representative shall return the printed materials to the Contractor within 30 calendar days).

▪ Be included in pump carrying case, or kit prior to delivery.

Videotaped materials shall:

▪ Include instructions for the assembly of pump, attachment of collection kit to pump, use of pump and cleaning.

▪ Include guidelines for safe handling and storage of pumped milk.

▪ Be in both English and Spanish*.

▪ Be appropriate for WIC clients regardless of educational level.

▪ Be free of mention or advertisement of infant feeding.

▪ Be pre-approved by the WSCA participating WIC offices (Contractor will send materials to WSCA representative for approval within 30 calendar days after award. WSCA representative shall return materials to Contractor within 30 calendar days).

*Instructions and materials are to be available in languages other than English and Spanish upon request, as well as in large print and alternative formats. Additionally, the Contractor will agree to allow the WSCA participating WIC offices to translate any instructional materials included with the products offered in this bid into other languages and alternate formats.

16 PRICING AND ADJUSTMENTS

Unless otherwise stipulated all bids must include unit prices and extensions where applicable and be otherwise in the format requested.

Bid pricing is to be FOB Destination, freight prepaid and included, for any destination within the State of Arizona, District of Columbia, Idaho, Inter Tribal Council of Arizona, Nevada, Oregon, Washington, and Wyoming. Additional freight charges for Hawaii and American Samoa are to be shown on the Price Sheets where noted.

A All pricing shall include the costs of bid preparation, servicing of accounts, and all contractual requirements. During contract period pricing shall remain firm and fixed for the first 12 month period of the contract indicated in Scope.

B Adjustments in pricing will be at the discretion of the State Procurement Officer and shall:

• be the result of increases at the manufacturer's level, incurred after contract commencement date.

• not produce a higher profit margin than that on the original contract.

• clearly identify the items impacted by the increase.

• be filed with State Procurement Officer a minimum of 60 calendar days before the effective date of proposed increase.

• be accompanied by documentation acceptable to the State Procurement Officer sufficient to warrant the increase.

• new pricing shall remain in affect for a 365 day period.

C During the contract period, any price declines at the manufacturer’s level or cost reductions to Contractor shall be reflected in a reduction of the contract price retroactive to Contractor's effective date.

D During the term of this contract, should the Contractor enter into pricing agreements with other customers providing greater benefits or lower pricing, Contractor shall immediately amend the state contract to provide similar pricing to the state if the contract with other customers offers similar usage quantities, and similar conditions impacting pricing. Contractor shall immediately notify the state of any such contracts entered into by Contractor.

17 CONTRACTOR PERFORMANCE

A General Requirements: The state, in conjunction with purchasers, monitors and maintains records of Contractor performance. Said performance shall be a factor in evaluation and award of this and all future contracts. Purchasers will be provided with product/service performance report forms to forward reports of superior or poor performance to the State Procurement Officer.

18 PURCHASING CARD ACCEPTANCE

In an effort to streamline the purchasing and payment process, the WSCA is encouraging agencies to use the state contracted purchasing card to facilitate small dollar purchases. While at the present time, it is not mandatory that Contractors accept credit card purchases, all state Contractors are encouraged to consider this alternate payment process. The current card available for the State of Washington use is a VISA product.

19 BIDDER COMPLIANCE

The State reserves the right to consider the actual level of bidder’s compliance with the requirements specified in this IFB, and to consider a bid responsive if it substantially complies with the state’s intent relative to overall bid requirements and specifications.

Standard Contract Terms and Conditions

Western States Contracting Alliance (WSCA)

1 PARTICIPANTS

Western States Contracting Alliance (“WSCA”) is a cooperative group contracting consortium for state government departments, institutions and political subdivisions (i.e., colleges, school districts, counties, cities, etc.) for the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Minnesota, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming. Obligations under this contract are limited to those Participating States who have signed (and not revoked) an Intent to Participate at the time of award, or who have executed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting price agreement(s) will be permissive.

2 DEFINITIONS:

a. “Lead State” means the State conducting this cooperative solicitation and centrally administering any resulting price agreement.

b. “Offer” or “Bid” or “Proposal” refers to the offer submitted in response to a solicitation, whether denominated as an invitation to bid, invitation for bid, request for proposal, or otherwise. “Bidder” or “Offeror” similarly refers to the person, company, or other entity submitting the bid or proposal that constitutes an offer capable of acceptance, regardless of the solicitation method used.

c. “Permissive price agreement” means that placement of orders through the price agreement is discretionary with Purchasing Entities. They may satisfy their requirements through the price agreement without using statutory or regulatory procedures (e.g. invitations for bids) to solicit competitive bids or proposals. Purchasing Entities may, however, satisfy requirements without using the price agreement so long as applicable procurement statutes and rules are followed.

d. “Participating Addendum” means a bilateral agreement executed by the Contractor and a Participating State that clarifies the operation of the price agreement for the State concerned, e.g. ordering procedures specific to a State, and may add other state-specific language or other requirements.

e. “Participating State” means a member of WSCA who has indicated its intent to participate as disclosed on the solicitation, or who subsequently signs a Participating Addendum where contemplated by the solicitation.

f. “Purchasing Entity” means a Participating State or another legal entity, such as a political subdivision, properly authorized by a Participating State to enter into a contract for the purchase of goods described in this solicitation. Unless otherwise limited in this solicitation or in a Participating Addendum, political subdivisions of Participating States are Purchasing Entities and Participants authorized to purchase the goods and/or services described in this solicitation.

3 QUANTITY ESTIMATES

Estimated quantities are informational and not to be construed as a warranty of accuracy of historical or anticipated volumes or a guarantee to purchase any amount.

4 SPECIFICATIONS

Any deviation from specifications must be clearly indicated by offeror, otherwise, it will be considered that the proposal is in strict compliance. When BRAND NAMES or manufacturers’ numbers are stated in the specifications they are intended to establish a standard only and are not restrictive unless the solicitation says “no substitute.” Offers will be considered on other makes, models or brands having comparable quality, style, workmanship and performance characteristics. Alternate proposals offering lower quality or inferior performance will not be considered.

5 ACCEPTANCE OR REJECTION OF BIDS AND PROPOSALS

The Lead State reserves the right to accept or reject any or all bids or proposals, or parts of bids or proposals, and to waive informalities therein.

6 SAMPLES

Generally, when required, samples will be specifically requested in the solicitation. Samples, when required, are to be furnished free of charge. Except for those samples destroyed or mutilated during testing, samples will be returned at an offeror’s request, transportation collect.

7 CASH DISCOUNT TERMS

Offeror may quote a cash discount based upon early payment; however discounts offered for less than 30 days will not be considered in making the award. The date from which discount time is calculated shall be the date a correct invoice is received or receipt of shipment, whichever is later; except that if testing is performed, the date shall be the date of acceptance of the merchandise.

8 TAXES

Offered prices shall be exclusive of state sales and federal excise taxes. Where the state government entities are not exempt from sales taxes on sales within their state, the Contractor shall add the sales taxes on the billing invoice as a separate entry.

9 MODIFICATION OR WITHDRAWAL OF BIDS AND PROPOSALS

Bids and proposals may be modified or withdrawn prior to the time set for receipt of bids or proposals. After the time set for receipt of bids or proposals, no proposal may be modified or withdrawn.

10 PATENTS, COPYRIGHTS, ETC

The Contractor shall release, defend, indemnify, and hold harmless WSCA, the Participating States, and the Purchasing Entities, as well as the officers, agents and employees of WSCA, the Participating States and the Purchasing Entities, from liability of any kind or nature, including the Contractor’s use of any copyrighted or uncopyrighted composition, process, patented or unpatented invention, article or appliance furnished or used in performance of this contract.

11 AWARD

Multiple contracts may be awarded as a result of this solicitation. Awards in requests for proposals (competitive sealed proposals) shall be made to the responsible offeror(s) whose proposals are determined to the most advantageous to the Participating States, taking into consideration price and the other evaluation factors set forth in the solicitation. Unless otherwise stated in the solicitation, an award in a solicitation denominated as an invitation to bid will be made to the lowest responsive and responsible bidder(s) meeting specifications and all bid terms and conditions. The Participating States reserve the right to award items separately or by grouping items, or by total lot.

12 NON-COLLUSION

By signing the proposal the offeror certifies that the proposal submitted, has been arrived at independently and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the solicitation, designed to limit independent bidding or competition.

13 TERMINATION

Unless otherwise stated in the solicitation, any contract entered into as a result of this solicitation may be terminated by either party upon 60-days notice, in writing, prior to the effective date of the termination. Further, any Participating State may terminate its participation upon 30-days written notice, unless otherwise limited or stated in the special terms and conditions of the solicitation. Any termination under this provision shall not effect the rights and obligations attending orders outstanding at the time of cancellation, including any right of any Purchasing Entity to indemnification by the Contractor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any order.”

14 DEFAULT AND REMEDIES

a. Any of the following shall constitute cause to declare the contract or any order under this contract in default:

1. Nonperformance of contractual requirements; or

2. A material breach of any term or condition of this contract.

b. A written notice of default, and an opportunity to cure, shall be issued by the party claiming default, whether the Lead State (in the case of breach of the entire agreement), a Participating State (in the case of a breach of the Participating Addendum), the Purchasing Entity (with respect to any order), or the Contractor. Time allowed for cure shall not diminish or eliminate any liability for liquidated or other damages.

c. If the default remains after the opportunity for cure, the non-defaulting party may:

1. Exercise any remedy provided by law or equity;

2. Terminate the contract or any portion thereof, including any orders issued against the contract;

3. Impose liquidated damages, as specified in the solicitation or contract.

15 LAWS AND REGULATIONS

Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations.

16 CONFLICT OF TERMS

In the event of any conflict between these standard terms and conditions and any special terms and conditions in the solicitation, the special terms and conditions shall govern.

17 REPORTS

The Contractor shall submit quarterly reports to the Lead State contract administrator, and upon request to any Participating State, showing the quantities and dollar volume of purchases by each Purchasing Entity.

18 HOLD HARMLESS

The Contractor shall release, defend, indemnify and hold harmless WSCA, the Participating States, and the Purchasing Entities, as well as the officers, agents and employees of WSCA, the Participating States and the Purchasing Entities, from and against any damage, cost or liability, including reasonable attorneys fees for any or all injuries to persons, property or claims for money damages arising from acts or omissions of the Contractor, its employees or subcontractors or volunteers.

19 ORDER NUMBERS

Contract order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence.

20 GOVERNING LAW AND VENUE

This procurement shall be governed and the resulting price agreement construed in accordance with the laws of the Lead State. The construction and effect of any Participating Addendum or order against the price agreement shall be governed by and construed in accordance with the laws of the Purchasing Entity’s State. Venue for any claim, dispute or action concerning the construction and effect of the price agreement shall be in the Lead State. Venue for any claim, dispute or action concerning an order placed against the price agreement or the effect of a Participating Addendum or shall be in the Purchasing Entity’s State.

21 DELIVERY

The prices offered shall be the delivered price to any WSCA state agency or political subdivision. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor’s warranty obligations. The minimum shipment amount will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an order to be shipped without transportation charges that is back ordered shall be shipped without charge.

22 WARRANTY (including Year 2000)

As used herein “Purchasing entity” refers to any WSCA state agency or political subdivision. The Contractor agrees to warrant and assume responsibility for each hardware, firmware, and/or software product (hereafter called the product) that it licenses, or sells, to the Purchasing Entity under this contract. The Contractor acknowledges that the Uniform Commercial Code applies to this contract. In general, the Contractor warrants that: (a) the product will do what the salesperson said it would do, (b) the product will live up to all specific claims that the manufacturer makes in their advertisements, (c) the product will be suitable for the ordinary purposes for which such product is used, (d) the product will be suitable for any special purposes that the Purchasing Entity has relied on the Contractor’s skill or judgement to consider when it advised the Purchasing Entity about the product, (e) the product has been properly designed and manufactured, and (f) the product is free of significant defects or unusual problems about which the Purchasing Entity has not been warned. In general, “year 2000 compatibility and fitness” means: (1) the product warranted by the Contractor will not cease to perform before, during, or after the calendar year 2000, (2) the product will not produce abnormal, invalid, and/or incorrect results before, during, or after the calendar year 2000, (3) will include, but not be limited to, date data century recognition, calculations that accommodate same century and multi-century formats, date data values that reflect century, and (4) accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations. If problems arise, the Contractor will repair or replace (at no charge to the Purchasing Entity) the product whose noncompliance is discovered and made known to the Contractor in writing. Nothing in this warranty will be construed to limit any rights or remedies the Purchasing Entity may otherwise have under this contract with respect to defects.

23 AMENDMENTS

The terms of this contract shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the Contract Administrator of the Lead State.

24 ASSIGNMENT/SUBCONTRACT

Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the Contract Administrator of the Lead State.

25 NONDISCRIMINATION

The offeror agrees to abide by the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (42 USC 2000e), which prohibit discrimination against any employee or applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age, and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. The offeror further agrees to furnish information and repots to requesting State(s), upon request, for the purpose of determining compliance with these statutes. Offeror agrees to comply with each individual state’s certification requirements, if any, as stated in the special terms and conditions. This contract may be canceled if the offeror fails to comply with the provisions of these laws and regulations. The offeror must include this provision in very subcontract relating to purchases by the States to insure that subContractors and vendors are bound by this provision.

26 SEVERABILITY

If any provision of this contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision held to be invalid.

27 INSPECTIONS

Goods furnished under this contract shall be subject to inspection and test by the Purchasing Entity at times and places determined by the Purchasing Entity. If the Purchasing Entity finds goods furnished to be incomplete or in compliance with proposal specifications, the Purchasing Entity may reject the goods and require Contractor to either correct them without charge or deliver them at a reduced price, which is equitable under the circumstances. If Contractor is unable or refuses to correct such goods within a time deemed reasonable by the Purchasing Entity, the Purchasing Entity may cancel the order in whole or in part. Nothing in this paragraph shall adversely affect the Purchasing Entity’s rights including the rights and remedies under the Uniform Commercial Code.

28 PAYMENT

Payment for completion of a contract is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a Purchasing Entity’s “Purchasing Card”.

29 FORCE MAJEURE

Neither party to this contract shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. The Lead State may terminate this contract after determining such delay or default will reasonably prevent successful performance of the contract.

30 HAZARDOUS CHEMICAL INFORMATION

The Contractor will provide one set of the appropriate material safety data sheet(s) and container label(s) upon delivery of a hazardous material to the Purchasing Entity agency. All safety data sheets and labels will be in accordance with each participating state’s requirements.

31 FIRM PRICE

Unless otherwise stated in the special terms and conditions, for the purpose of award, offers made in accordance with this solicitation must be good and firm for a period of ninety (90) days from the date of receipt of bids or proposals. Prices must remain firm for the full term of the contract.

32 EXTENSION OF PRICES

In the case of error in the extension of prices in the proposal, the unit prices will govern.

33 PROPOSAL PREPARATION COSTS

WSCA is not liable for any costs incurred by the offeror in preparation of the bid or proposal.

34 CERTIFICATION REGARDING CONFLICT OF INTEREST

Contractor certifies that it has not offered or given any gift or compensation prohibited by the state laws of any Participating State to any officer or employee of WSCA or Participating States to secure favorable treatment with respect to being awarded this contract.

35 INDEPENDENT CONTRACTOR

Contractor shall be an independent Contractor, and as such shall have no authorization, express or implied to bind the Participating States states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA or the states, except as expressly set forth herein.

36 POLITICAL SUBDIVISION PARTICIPATION

Participation under this contract by political subdivisions (i.e., colleges, school districts, counties, cites, etc.,) of the WSCA participating states shall be voluntarily determined by the political subdivision. The Contractor agrees to supply the political subdivisions based upon the same terms, conditions and prices.

37 CERTIFICATION REGARDING DEBARMENT

The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the Contractor cannot certify this statement, attach a written explanation for review by WSCA.

38 RECORDS ADMINISTRATION

The Contractor will maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the Contractor for costs authorized by this contract. These records will be retained by the Contractor for at least four years after the contract terminates, or until all audits initiated within the four years have been completed, whichever is later.

39 PRICES AS CEILING

Price agreement prices represent ceiling prices for the supplies and services priced in the price agreement. The vendor shall report to the Lead State any price reduction or discount, or other more favorable terms, offered to any Purchasing Entity, and the awarded vendor agrees to negotiate in good faith to reestablish ceiling prices or other more favorable terms and conditions applicable to future orders.

40 AUDIT OF RECORDS

The Contractor agrees to allow WSCA, State and Federal auditors, and state agency staff access to all the records to this contract, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment.

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