REQUEST FOR PROPOSAL RFP# 578431 Student Safety Kit · 22/06/2020 · Request for Proposal (“RFP”) for the purpose of face coverings and safety kits for our students returning

Release Date: 6/22/ 2020

REQUEST FOR PROPOSAL RFP# 578431

Student Safety Kit

RFP Timeline

RFP Issue Date: June 22, 2020

Deadline for Respondent Questions to MSU: June 26, 2020

RFP Response Due Date: July 7, 2020, 5:00 pm Eastern

Estimated Contract Award July 10, 2020

RFP Contact

Name: Melinda Phillips

Email: [email protected]

Phone: (517) 884-6168

DESCRIPTION: Michigan State University (the “University” or “MSU”) is soliciting proposals through this Request for Proposal (“RFP”) for the purpose of face coverings and safety kits for our students returning in the fall. The requested services are more thoroughly described under the Scope of Services Section of this RFP. Firms intending to respond to this RFP are referred to herein as a “Respondent” or “Supplier.”

mailto:[email protected]


PROPOSAL INSTRUCTIONS

1. PROPOSAL PREPARATION. The University recommends reading all RFP materials prior to preparing a proposal, particularly these Proposal Instructions. Respondents must follow these Proposal Instructions and provide a complete response to the items indicated in the table below. References and links to websites or external sources may not be used in lieu of providing the information requested in the RFP within the proposal. Include the Respondent’s company name in the header of all documents submitted with your proposal.

Document Description Response Instructions

Cover Page Provides RFP title and number, important dates, and contact information for MSU

Informational

Proposal Instructions Provides RFP instructions to Respondents

Informational

Respondent Information Sheet

Company and Contact Information, and Experience

Respondent must complete and submit by proposal deadline

Scope of Work Describes the intended Scope of work for the RFP


Pricing Pricing for goods and services sought by the University through this RFP


Standard Terms and Conditions

Provides legal terms for a contract awarded through this RFP

Deemed accepted by Respondent unless information required in Section 8, Standard Terms and Conditions is submitted by proposal deadline

2. EXPECTED RFP TIMELINE.

Activity Date

Issue RFP June 22, 2020

Deadline for Respondent Questions to MSU June 26, 2020

RFP Response Due July 7, 2020, 3:00 pm Eastern

Estimated Contract Award July 10, 2020

3. CONTACT INFORMATION FOR THE UNIVERSITY. The sole point of contact for the University concerning this RFP is listed on the Cover Page. Contacting any other University personnel, agent, consultant, or representative about this RFP may result in Respondent disqualification.

4. QUESTIONS. Respondent questions about this RFP must be submitted electronically by email to the

contact listed on the cover page of this RFP. In the interest of transparency, only written questions are accepted. Answers to all questions will be sent to Respondents via email. Submit questions by referencing the following: (i) Question Number, (ii) Document Name, (iii) Page Number, and (iv) Respondent Question. Please refer to Section 2 above for the deadline to submit questions.


5. MODIFICATIONS. The University may modify this RFP at any time. Modifications will be sent via email.

This is the only method by which the RFP may be modified.

6. DELIVERY OF PROPOSAL. The Respondent must submit its proposal, all attachments, and any modifications or withdrawals electronically via email to the contact listed on the cover page of this RFP. The price proposal should be saved separately from all other proposal documents. The Respondent should submit all documents in a modifiable (native) format (examples include, but are not limited to: Microsoft Word or Excel and Google Docs or Sheets). In addition to submitting documents in a modifiable format, the Respondent may also submit copies of documents in PDF. Respondent’s failure to submit a proposal as required may result in disqualification. The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. Do not wait until the last minute to submit a proposal. The University may not allow a proposal to be submitted after the proposal deadline identified in the Cover Page, even if a portion of the proposal was already submitted.

7. EVALUATION PROCESS. The University will convene a team of individuals from various Departments

within MSU to evaluate each proposal based on each Respondent’s ability to provide the required services, taking into consideration the overall cost to the University. The University may require an oral presentation of the Respondent's proposal; conduct interviews, research, reference checks, and background checks; and request additional price concessions at any point during the evaluation process. The following criteria will be used to evaluate each proposal:

Criteria Weight

Cost 25%

Product Quality 30%

Lead Time 35%

RFP submission 10%

Total 100%

8. STANDARD TERMS AND CONDITIONS. The University strongly encourages strict adherence to the terms

and conditions set forth in the Standard Terms and Conditions. The University reserves the right to deem a proposal non-responsive for failure to accept the Standard Terms and Conditions. Nevertheless, the Respondent may submit proposed changes to the Standard Terms and Conditions in track changes (i.e., visible edits) with an explanation of the Respondent’s need for each proposed change. Failure to include track changes with an explanation of the Respondent’s need for the proposed change constitutes the Respondent’s acceptance of the Standard Terms and Conditions. General statements, such as “the Respondent reserves the right to negotiate the terms and conditions,” may be considered non-responsive.

9. LICENSING. This bid involves MSU logos therefore, you will be required to become licensed to sell products with a MSU brand. This license will be incorporated into the agreement. Please see http://www.licensing.msu.edu/ to obtain licensing and MSU requirements.

10. CLARIFICATION REQUEST. The University reserves the right to issue a Clarification Request to a Respondent to clarify its proposal if the University determines the proposal is not clear. Failure to respond to a Clarification Request timely may be cause for disqualification.

11. RESERVATIONS. The University reserves the right to:

a. Disqualify a Respondent for failure to follow these instructions. b. Discontinue the RFP process at any time for any or no reason. The issuance of an RFP, your

preparation and submission of a proposal, and the University’s subsequent receipt and

http://www.licensing.msu.edu/


evaluation of your proposal does not commit the University to award a contract to you or anyone, even if all the requirements in the RFP are met.

c. Consider late proposals if: (i) no other proposals are received; (ii) no complete proposals are received; (iii) the University received complete proposals, but the proposals did not meet mandatory minimum requirements or technical criteria; or (iv) the award process fails to result in an award.

d. Consider an otherwise disqualified proposal, if no other proposals are received. e. Disqualify a proposal based on: (i) information provided by the Respondent in response to this

RFP; or (ii) if it is determined that a Respondent purposely or willfully submitted false or misleading information in response to the RFP.

f. Consider prior performance with the University in making its award decision. g. Consider total-cost-of-ownership factors (e.g., transition and training costs) when evaluating

proposal pricing and in the final award. h. Refuse to award a contract to any Respondent that has outstanding debt with the University or

has a legal dispute with the University. i. Require all Respondents to participate in a Best and Final Offer round of the RFP. j. Enter into negotiations with one or more Respondents on price, terms, technical requirements,

or other deliverables. k. Award multiple, optional-use contracts, or award by type of service or good. l. Evaluate the proposal outside the scope identified in Section 7, Evaluation Process, if the

University receives only one proposal.

12. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible Respondent who offers the best value to the University, as determined by the University. Best value will be determined by the Respondent meeting the minimum requirements and offering the best combination of the factors in Section 7, Evaluation Process, and price, as demonstrated by the proposal. The University may split the award among several suppliers. The University will email a Notice of Award to all Respondents. A Notice of Award does not constitute a contract, as the parties must reach final agreement on a signed contract before any services can be provided.

13. GENERAL CONDITIONS. The University will not be liable for any costs, expenses, or damages incurred by a Respondent participating in this solicitation. The Respondent agrees that its proposal will be considered an offer to do business with the University in accordance with its proposal, including the Master Service Agreement, and that its proposal will be irrevocable and binding for a period of 180 calendar days from date of submission. If a contract is awarded to the Respondent, the University may, at its option, incorporate any part of the Respondent’s proposal into the contract. This RFP is not an offer to enter into a contract. This RFP may not provide a complete statement of the University’s needs, or contain all matters upon which agreement must be reached. Proposals submitted via email are the University’s property.

14. FREEDOM OF INFORMATION ACT. Respondent acknowledges that any responses, materials, correspondence or documents provided to the University may be subject to the State of Michigan Freedom of Information Act (“FOIA”), Michigan Compiled Law 15.231 et seq., and may be released to third parties in compliance with FOIA or any other law.


RESPONDENT INFORMATION SHEET

Please complete the following Information Sheet in the space provided:

Information Sought Response

Contact Information

Respondent’s sole contact person during the RFP process. Include name, title, address, email, and phone number.

Person authorized to receive and sign a resulting contract. Include name, title, address, email, and phone number.

Respondent Background Information

Legal business name and address. Include business entity designation, e.g., sole proprietor, Inc., LLC, or LLP.

What state was the company formed in?

Main phone number

Website address

DUNS# AND/OR CCR# (if applicable):

Number of years in business and number of employees

Legal business name and address of parent company, if any

Has your company (or any affiliates) been a party to litigation against Michigan State University? If the answer is yes, then state the date of initial filing, case name and court number, and jurisdiction.

Experience

Describe relevant experiences from the last 5 years supporting your ability to successfully manage a contract of similar size and scope for the services described in this RFP.

Experience 1

Company name Contact name Contact role at time of project Contact phone Contact email

1. Project name and description of the scope of the project 2. What role did your company play? 3. How is this project experience relevant to the subject of this RFP?

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Experience 2

Company name Contact name Contact role at time of project Contact phone


Contact email




Experience 3

Company name Contact name Contact role at time of project Contact phone Contact email





SCOPE OF WORK

Please address each of the sections below in a written response, which can be completed on a separate sheet (using the same section headings). The University may consider separate awards for kit contents and kit assembly.

1. Background.

Michigan State University is preparing for the return of our students to campus this fall. As we plan the reopening of campus, the health, safety and well-being or our students is a primary concern. To promote safe practices surrounding the novel coronavirus outbreak we will be providing each returning student with a safety kit. The kit will include two white face coverings, hand sanitizer, disinfecting wipes, three MSU branded appliques, information card and tape measure. The assembled kits will be delivered to a central MSU location and distributed to students by MSU personnel. MSU is requesting proposals for the kit contents, kit packaging and kit assembly. We will consider separate awards for kit contents and kit assembly, you are encouraged to submit proposals for either or both.

2. Scope of Work.

2.1 Kit Contents, a total of 50,000 kits to include the following items:

Provided by MSU:

− (2) white cloth face coverings, the face coverings will be 3 ply 100% cotton, 7” width x 5” height

− (1) ear saver to be used with face covering, flexible plastic, 7.5” x .75”

− Information card, approximately the same size as the packaging

Provided by Supplier:

− (1) clear sheet with 3 MSU branded appliques that can be applied to the cloth face covering; one applique with a logo stating Physically Distanced Socially Engaged, one applique with the MSU Spartan Helmet, one applique with the Sparty Statue

− (1) hand sanitizer, personal size, approximately 3 oz; state the actual size you are quoting

− (1) small packet of disinfecting wipes; state actual quantity of wipes included

− (1) tape measure, 6’, plastic, MSU PMS 567 green with a white logo stating Physically Distanced; state actual size and specifications for the tape measure you are quoting

o Quote the option of having the logo Physically Distanced imprinted in a repeating fashion on the tape portion; state how this will impact lead time

2.2 Packaging

Provide proposals for the following three options, all items listed in 2.1 to fit comfortably into the packaging:

2.2.1 Clear durable zipped plastic bag, imprinted with the logo Physically Distanced Socially Engaged in MSU PMS 567 green; quote options of imprinting the logo or applying a sticker, include lead times for both; provide specifications 2.2.2 Sustainable alternative to the plastic packaging in 2.2.1, same logo, quote both imprinting and applying a sticker; provide specifications 2.2.3 Cloth or canvas bag imprinted with the same logo in 2.2.1; provide specifications

2.3 Kit Assembly

Quote cost and lead time of assembling the kits with all products listed in 2.1 into packaging listed in

2.2. You can opt to quote assembly only. If you do not receive the award for the kit contents they will


be provided to you for assembly. Once assembled you will deliver the assembled kits to a central MSU

location.

2.4 Samples

Provide samples of all items listed to be provided by supplier in 2.1 and the packaging options in 2.2.

Samples are due on or before the proposal due date. Send samples to the attention of Allyn Shaw at

the following address.

Student Services Building VP Suite Room 150 556 E Circle Dr East Lansing, MI 48824

2.5 Licensing

Products included in this proposal involve MSU logos therefore, if you do not already hold a MSU

license you will be required to become licensed to sell products with a MSU brand. This license will be

incorporated into the agreement. Please see http://www.licensing.msu.edu/ to obtain licensing and

MSU requirements. This is for informational purposes only to provide requirements regarding

branded items, do not begin the licensing application unless you receive an award notice from MSU.

2.6 Delivery

Delivery of assembled kits is required by August 7th, 2020. State in your proposal lead time for all kit

contents, packaging, and kit assembly. Quote lead time for each of these categories separately. If you

are quoting assembly only include in your proposal the date you must receive the kit contents and

packaging to have all kits assembled by the required delivery date.

http://www.licensing.msu.edu/


PRICING

Please include a Pricing proposal as identified below on a separate sheet.

Quantity Item Price Each Total Price

50,000 each Safety kit to include items as identified in section 2.1 provided by supplier

50,000 each Option of imprinting on tape portion of tape measure

50,000 each Packaging as specified in 2.2.1



1 lot Assembly of 50,000 kits

1 each Delivery of kit contents (if not assembling)

1 each Delivery of assembled kits to central MSU location


STANDARD TERMS AND CONDITIONS

Please refer to Section 8 of the RFP Instructions when reviewing the Standard Terms and Conditions.

Standard Terms and Conditions Services

1. Applicability. These Standard Terms and Conditions (“Terms and Conditions”) apply to Michigan State University’s (“University”) purchase of services (“Services”) specified on the face of the purchase order (the “Order”) from the party to whom the purchase order is addressed (the “Supplier”)(the Terms and Conditions, the Order, and any exhibits or attachments agreed to in writing by University are collectively referred to as the “Agreement”). If there is a conflict between documents, the order of precedence is: (a) first, these Terms and Conditions; (b) second, the Order; and (c) third, any exhibits or attachments to the Order agreed to in writing by the University. “Supplier” includes Supplier’s employees, officers, directors, agents, and sub-contractors. “University” includes University’s employees, officers, directors, trustees, students, agents, and contractors. University and Supplier are sometimes referred to herein individually as a (“party”) and collectively as the (“parties”). 2. Services. Supplier shall provide the Services pursuant to the Order at the prices set forth therein. These Terms and Conditions will apply at all times to the provision of Services and the Order. 3. Warranty. Supplier warrants that all Services: (a) are performed by individuals with the requisite skill, experience and qualifications necessary; (b) comply with representations in Supplier’s advertisements, correspondence, or RFQ response; (c) comply with applicable laws, regulations, ordinances, or codes; and (d) are not restricted by, or infringe upon, rights of third parties. These warranties shall survive inspection, acceptance, and payment by University. Supplier represents that it is not debarred or suspended or listed on the General Services Administration’s List of Parties Excluded from Federal Procurement or Nonprocurement Programs. Supplier will notify University if it is debarred or suspended during the term of this Agreement. Supplier will correct any breach of warranty at Supplier’s sole expense. University does not waive any warranty by acceptance of goods, services or payment, and reserves all rights and remedies. 4. Payment Terms. Supplier shall issue an invoice to University upon completion and acceptance of the Services in accordance with the requirements set forth in the Order. University shall pay all properly invoiced amounts due to Supplier within thirty (30) days after University’s receipt of such invoice, except for any amounts disputed by University in good faith. In the event of a payment dispute, University shall deliver a written statement to Supplier no later than five (5) days prior to the date payment is due on the disputed invoice listing all disputed items and providing a reasonably detailed description of each disputed item. Amounts not so disputed are deemed accepted and must be paid, notwithstanding disputes on other items, within the period set forth in this Section. The parties shall seek to resolve all such disputes expeditiously and in good faith. Supplier shall continue performing its obligations under the Order notwithstanding any such dispute. 5. Tax Exempt Status. The University is a tax-exempt institution, granted such status by authorized taxing units of the State of Michigan, and is exempt from Federal Excise Tax and Michigan General Sales Tax (see Michigan Public Act 167 of 1933, section 4 as amended). 6. Audit and Retention of Books and Records. Upon the University’s request, Supplier will inform the University of its accounting procedures and practices. The University may inspect and copy Supplier’s books, records, and documents in any medium to verify Supplier’s performance and expenses submitted pursuant to this Agreement. Supplier will make such items available for inspection during normal business hours at Supplier’s place of business. Supplier will retain all such items during the term of this Agreement and for a period of three years after the


delivery of the Services. Supplier will retain any items relating to a claim arising out of the performance of this Agreement until the claim has been resolved. 7. Termination. The University may terminate this Agreement in whole or in part at its convenience upon 30 days’ notice to Supplier. Upon notice of such termination, and subject to its Transition Responsibilities under Section 14 below, Supplier shall immediately stop all work related to this Agreement. Supplier shall be paid a reasonable charge for Services satisfactorily provided or performed. In no event shall Supplier be paid for costs incurred or Services performed after receipt of notice of termination, or for costs that reasonably could have been avoided. University may terminate the Agreement in whole or in part for cause upon seven (7) days written notice if Supplier fails to comply with any material term or condition. In the event of such termination, the University will not be liable for any damages; and reserves all rights and remedies and Supplier shall be liable to the University for all losses, damages, and expenses, including, without limitation, the excess cost of re-procuring similar services; and amounts paid by the University for any items the University has received but returns to Supplier. Any reference to specific breaches being material breaches within this Agreement will not be construed to mean that other breaches are not material. If a determination is made that the University improperly terminated the Agreement for cause, then the termination shall be deemed to have been for the University’s convenience. 8. Indemnification. Supplier shall defend, indemnify and hold harmless University and University’s respective Board of Trustees, officers, employees, and agents (collectively, “Indemnitees”) against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers (collectively, “Losses”) arising out of or occurring in connection with the Services provided by Supplier or Supplier’s negligence, willful misconduct or breach of these Terms and Conditions. Further, Supplier shall, at its expense, defend, indemnify and hold harmless University and any Indemnitee against any and all Losses arising out of or in connection with any claim that University’s or Indemnitee’s use of the Services infringes or misappropriates the patent, copyright, trade secret or other intellectual property right of any third party. In no event shall Supplier enter into any settlement without University’s or Indemnitee’s prior written consent. 9. Removal of Supplier Personnel. If any Supplier personnel repeatedly fails to perform in a competent manner or is found to be unsuitable for the work, in the University’s sole discretion, and the University notifies Supplier that such Supplier personnel is no longer acceptable to the University, citing the grounds and specific supporting facts, then, after written notification from the University, Supplier shall no longer schedule the Supplier personnel to provide or support Services for the University under this Agreement or any other agreement with the University. 11. Confidentiality. Supplier shall keep confidential and not disclose to third parties any information provided by the University or by private individuals, organizations or public agencies during the course of this Agreement, including University’s Data, unless Supplier has received the prior written consent of the University to make the disclosure or unless required by law or legal process. Only Supplier personnel with a need to know may have access to or use University Data. This obligation of confidentiality does not extend to information that is, or shall become through no fault of Supplier, available to the general public. Upon the completion or termination of this Agreement, Supplier shall immediately return all confidential information to the University or shall make other disposition of the confidential information as directed by the University. 12. Intellectual Property Rights. Supplier hereby acknowledges that the University is and will be the sole and exclusive owner of all right, title, and interest in the Work Product (defined below) and all associated intellectual property rights, if any. Such Work Product are works made for hire as defined in Section 101 of the Copyright Act of 1976. To the extent any Work Product and related intellectual property do not qualify as works made for hire under the Copyright Act, Supplier will, and hereby does, immediately on its creation, assign, transfer and otherwise convey to the University, irrevocably and in perpetuity, throughout the universe, all right, title and interest in and to the Work Product, including all intellectual property rights therein. For purposes of this Section, “Work Product” means any and all reports, documents or other written materials created by the Supplier for the University under the Order.


13. Insurance. Unless more specific insurance provisions are specified by the University, Supplier shall, at Supplier’s expense at all times during its performance under this Agreement, obtain and keep in force: i) Commercial general liability insurance, including contractual products and completed operations insurance ($1 million per occurrence/$2 million annual aggregate); ii) Employers Liability with a minimum limit of $500,000; and iii) Workers’ Compensation to statutory limits as required by the State of Michigan. Prior to the commencement of work, Supplier shall provide a certificate of insurance evidencing such insurance, which shall name the Trustees of Michigan State University as an additional insured. Supplier shall provide for notification to the University within at least thirty (30) days prior to expiration or cancellation of such insurance. Compliance with the foregoing requirements as to carrying insurance and furnishing evidence of it will not relieve the Supplier of its liabilities and obligations under this Agreement. 14. Transition Responsibilities. Upon termination or expiration of this Agreement for any reason, Supplier must, for a period of time specified by the University (not to exceed 90 calendar days), provide all reasonable transition assistance requested by the University, to allow for the expired or terminated portion of the Services to continue without interruption or adverse effect, and to facilitate the orderly transfer of such Services to the University or its designees. Such transition assistance may include, but is not limited to: (a) continuing to perform the Services at the established rates set forth in this Agreement; (b) taking all reasonable and necessary measures to transition performance of the work, including all applicable Services, training, reports and other documentation, to the University or the University’s designee; (c) taking all necessary and appropriate steps, or such other action as the University may direct, to preserve, maintain, protect, or return to the University all materials, data, property, and confidential information provided directly or indirectly to Supplier by any entity, agent, vendor, or employee of the University; (d) transferring title in and delivering to the University, at the University’s discretion, all completed or partially completed deliverables prepared under this Agreement as of the Agreement termination date; and (e) preparing an accurate accounting from which the University and Supplier may reconcile all outstanding accounts (collectively, “Transition Responsibilities”). This Agreement will automatically be extended through the end of the transition period. 15. Limitation of Liability. THE UNIVERSITY WILL NOT BE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR BY STATUTE OR OTHERWISE, FOR ANY CLAIM RELATED TO OR ARISING UNDER THIS CONTRACT FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND LOST BUSINESS OPPORTUNITIES. OTHER THAN ITS PAYMENT OBLIGATIONS, IN NO EVENT WILL THE UNIVERSITY’S AGGREGATE LIABILITY TO SUPPLIER UNDER THIS CONTRACT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR BY STATUTE OR OTHERWISE, FOR ANY CLAIM RELATED TO OR ARISING UNDER THIS CONTRACT, EXCEED THE TOTAL AMOUNT OF PAYMENTS PAID BY THE UNIVERSITY TO SUPPLIER DURING THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM. 16. Force Majeure. Neither Supplier nor the University shall be liable for failure to perform its respective obligations under the Agreement when failure is caused by fire, explosion, flood, act of God, civil disorder or disturbances, strikes, vandalism, war, riot, sabotage, weather and energy related closings, or like causes beyond the reasonable control of the party (“Force Majeure Event”). In the event that either party ceases to perform its obligations under this Agreement due to the occurrence of a Force Majeure Event, the party shall: (a) as soon as practicable notify the other party in writing of the Force Majeure Event and its expected duration; (b) take all reasonable steps to recommence performance of its obligations under this Agreement as soon as possible, including, as applicable, abiding by the disaster plan in place for the University. In the event that any Force Majeure Event delays a party’s performance for more than thirty (30) calendar days following notice by the delaying party pursuant to this Agreement, the other party may terminate this Agreement immediately upon written notice. 17. Compliance with Laws. Supplier shall be responsible for compliance with any and all applicable federal, state and local laws, ordinances, regulations, and the University’s policies and rules, found at http://trustees.msu.edu, with respect to the provision of Services under this Agreement. Unless otherwise expressly provided for in the

http://trustees.msu.edu/


Agreement, Supplier shall obtain and comply with all permits, licenses and similar authorizations that are necessary to provide the Services. By merit of submitting a quote, Supplier warrants and represents that it has all legally required licenses and permits needed to provide the Services. 18. Smoke and Tobacco Free Organization. Effective as of August 15, 2016, MSU is a smoke and tobacco free organization. Groups and/or individuals visiting MSU property are subject to MSU’s tobacco-free policy and ordinance. No person shall (a) smoke, or (b) otherwise use any product derived from or containing tobacco, on any property governed by the Board of Trustees of Michigan State University. Additional information can be found at http://tobaccofree.msu.edu/. 19. Nondiscrimination. Supplier warrants that Supplier is an equal opportunity employer and that, during the performance of this Agreement, it will comply with Federal Executive Order 11246, as amended, The Rehabilitation Act of 1973, as amended, and the respective regulations thereunder, and the Michigan Civil Rights Act of 1976. Pursuant to Section 209 of the Michigan Elliot-Larsen Civil Rights Act and Section 209 of the Michigan Persons with Disabilities Civil Rights Act, in providing services, the Supplier and its contractor(s) agree not to discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of age, color, familial status, height, marital status, national origin, race, religion, sex, weight, or a disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. If applicable, Supplier and any subcontractor shall abide by the requirements of 41 CFR §§60- 1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. 20. Criminal Background Checks. Supplier may be required to perform criminal background checks of its personnel pursuant to the MSU Contractor Criminal Background Check Requirements Policy (“CBC Policy”), available at https://usd.msu.edu/common/documents/criminal-back-ground-check.pdf. If Supplier is subject to the CBC Policy, Supplier must sign and deliver the Contractor Certification for Criminal Background Checks to University prior to the provision of any services or delivery of any goods. University reserves the right to audit compliance with the CBC Policy requirements and may require further documentation of compliance from Supplier. Non-compliance with the Policy is considered a material breach of this Agreement, which may result in a termination for cause. 21. Freedom of Information Act. Nothing in this Agreement shall in any way limit the ability of the University to comply with any laws or legal process concerning disclosures by public bodies. Supplier acknowledges that any responses, materials, correspondence or documents provided to the University may be subject to the State of Michigan Freedom of Information Act (“FOIA”) and may be released to third parties in compliance with FOIA or any other law. 22. Use of the University Name, Logo and Marks. The University acknowledges that Supplier may make public statements regarding the existence of the contract, its terms and conditions and an accurate description of the products or services being supplied without the consent of the University. However, other than as permitted by the previous sentence, Supplier will not use the name, logo, or any other marks (including, but not limited to, colors and music) owned by or associated with the University, or the name of any representative of the University without the prior written permission of the University in each instance. 23. Conflict of Interest. Supplier warrants that to the best of Supplier’s knowledge, there exists no actual or potential conflict between Supplier and the University, and its Services under this Agreement, and in the event of change in either Supplier’s private interests or Services under this Agreement, Supplier will inform the University regarding possible conflict of interest which may arise as a result of the change. Supplier also affirms that, to the best of Supplier’s knowledge, there exists no actual or potential conflict between a University employee and Supplier.

http://tobaccofree.msu.edu/

https://usd.msu.edu/common/documents/criminal-back-ground-check.pdf


24. Independent Contractor. The relationship between the parties is solely that of independent contractors, not partners, joint ventures, employees, agents or otherwise. Neither will have any authority to bind the other in any manner, and will not represent or imply that it has such authority. 25. No Third Party Rights. Nothing in this Agreement shall be construed as creating or giving rise to any rights in third parties or persons other than the named parties to this Agreement. 26. Assignment. Supplier may not assign this Agreement, nor any money due or to become due without the prior written consent of the University. Any assignment made without such consent shall be deemed void. 27. Amendment. This Agreement may not be amended except by signed agreement between the parties. 28. Notices. Any notice to either party must be in writing and will be delivered either personally, by electronic mail with confirmed delivery, by a recognized overnight courier service, or by the United States mail (firstclass, certified or registered with postage prepaid, return receipt requested), to the other party at its address as set forth on the Order. 29. Severability. If any provision of this Agreement is invalid or unenforceable, the remainder of the provisions, or the application of such provisions to person other than those as to which it is held invalid or unenforceable, will not be affected and the remainder of the provisions will be valid and enforceable to the fullest extent permitted by law. 30. Assurance. If University determines in good faith that it is insecure with respect to Supplier’s ability or intent to fully perform, Supplier will provide University with written assurance of Supplier’s ability and intent to fully perform. Supplier will provide such assurance within the time and in the manner specified by the University. Supplier will immediately notify the University of any circumstances that may cause Supplier to fail to fully perform. Upon University’s good faith determination that Supplier cannot or will not perform, the University may deem the Supplier to have breached and may terminate the Agreement. 31. Survivability. Provisions of this Agreement, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement. 32. Governing Law. Michigan law, without regard for choice of law considerations, will govern this Agreement. The Michigan Court of Claims or Federal District Court for the Western District of Michigan will hear any action arising out of this Agreement, and Supplier consents to jurisdiction in Michigan. 33. Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together are deemed to be one and the same agreement and will become effective and binding upon the parties at such time as all the signatories hereto have signed a counterpart of this Agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission (to which a signed copy is attached) is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 34. Entirety. This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. NO TERMS ON SUPPLIER’S QUOTES, INVOICES, WEBSITE, BROWSE-WRAP, SHRINK-WRAP, CLICK-WRAP OR OTHER NONNEGOTIATED TERMS AND CONDITIONS PROVIDED WITH ANY OF THE SERVICES HEREUNDER WILL CONSTITUTE A PART OR AMENDMENT OF THIS AGREEMENT OR IS BINDING ON THE UNIVERSITY FOR ANY PURPOSE. ALL SUCH OTHER TERMS AND CONDITIONS HAVE NO FORCE AND EFFECT AND ARE DEEMED REJECTED BY THE UNIVERSITY, EVEN IF ACCESS TO OR USE OF SUCH SERVICES REQUIRES AFFIRMATIVE ACCEPTANCE OF SUCH TERMS AND CONDITIONS.


Documents

REQUEST FOR PROPOSAL RFP# 578431 Student Safety Kit · 22/06/2020 · Request for Proposal (“RFP”) for the purpose of face coverings and safety kits for our students returning