THE NEVADA STATE PURCHASING DIVISION IS SOLICITING

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State of NevadaDepartment of AdministrationPurchasing Division515 E. Musser St., Room 300Carson City, NV 89701Brian SandovalGovernorLisa SherychInterim AdministratorTHE NEVADA STATE PURCHASING DIVISION IS SOLICITING BIDS FORCONTROL DEVICES FOR MOTOR FUEL DISPENSING& SECURITY MANAGEMENTINVITATION TO BID NO. 8380F.O.B. Department of Transportation888 Harrigan RoadFallon, NV 89406Release Date: October 9, 2015Vendor Questions Due: October 16, 2015Deadline for Submission and Opening Date and Time: November 2, 2015 @ 2:00 PM PTRequisition No. 083NDEQ016356For additional information or to obtain a copy of this Invitation to Bid, please contact:Nancy Feser, Buyer(775) 684-0175(TTY for the Hearing Impaired: 1-800-326-6868 and ask the relay agent to dial (775) 684-0175)See page 10, for instructions on submitting bids.Company Name:Contact Name: Title:Address:City: State: Zip:Telephone ( )Fax ( )E-Mail Address:While there are no set asides in the State of Nevada or preferences for Minority Business Enterprise, Women BusinessEnterprise and Small Business, we encourage those vendors to compete for state business at every opportunity and we makeevery effort to contact these businesses when opportunities arise, therefore if it is your judgment that your business fits withinthese categories, please check appropriate boxes.Minority OwnedWomen OwnedPage 1 of 19Revised 05/2012Small Business

TABLE OF CONTENTS1. PROJECT OVERVIEW . 32. ACRONYMS/DEFINITIONS . 33. ITEM SPECIFICATIONS . 44. PAYMENT . 95. BID SUBMITTAL INSTRUCTIONS . 106. BID SOLICITATION, EVALUATION AND AWARD PROCESS . 127. TERMS AND CONDITIONS FOR PURCHASE OF GOODS . 13ATTACHMENT A. 19ITB No. 8380Revised 05/2012Page 2

In accordance with NRS 333.350(1), a contract may be awarded for separate items, portions or groups ofitems in the best interest of the State, as required.Prospective vendors are advised to review Nevada’s ethical standards requirements, including but notlimited to, NRS 281A and the Governor’s Proclamation, which can be found on the Purchasing Division’swebsite (http://purchasing.state.nv.us).1.PROJECT OVERVIEWThe purpose of this solicitation is to obtain competitive pricing for a one-time purchase of ControlDevices for Motor Fuel Dispensing, Security, and Management replacement parts for Fallon, NV.2.ACRONYMS/DEFINITIONSFor the purposes of this Invitation to Bid, the following acronyms/definitions will be used:Awarded Vendor/ContractorThe organization or individual that is awarded and has an approved contract or purchaseorder with the State of Nevada for the goods identified in this Invitation to Bid.Bidder/VendorOrganization or individual submitting a bid in response to this Invitation to Bid.DivisionDepartment of TransportationFOB DestinationFree on Board to the destination. Requires the seller to, at its own expense and risk,transport the goods to the destination and there tender delivery of them in the mannerprovided in NRS 104.2503. See NRS 104.2319(1)(b); UCC 2-319(1).GoodsAs defined in NRS 104.2105, and as specifically identified in this Invitation to Bid.ITBInvitation to Bid. A written statement which sets forth the requirements andspecifications of a contract to be awarded by competitive selection. See NRS 333.020(4).Lowest Responsible Person or firm (company/organization) that conforms in all material respects to theBidder/Vendorspecifications within the invitation to bid and offers the lowest cost after all factors havebeen considered. See NRS 333.340MSRPManufacturer’s Suggested Retail PriceNACNevada Administrative CodeNOANotice of AwardNRSNevada Revised StatutesProprietaryInformationAny trade secret or confidential business information that is contained in a bidsubmitted on a particular contract. See NRS 333.020(5)(a); NRS 333.333.ITB No. 8380Revised 05/2012Page 3

Public RecordAll books and public records of a governmental entity, the contents of which are nototherwise declared by law to be confidential must be open to inspection by any personand may be fully copied or an abstract or memorandum may be prepared from thosepublic books and public records. See NRS 333.333; NRS 600A.030(5).Purchase OrderBuyer-generated document that authorizes a purchase transaction. It sets forth thedescriptions, quantities, prices, discounts, payment terms, date of performance orshipment, other associated terms and conditions, and identifies a specific seller. Whenaccepted by the seller, it becomes a contract binding on both parties; also called order.SubcontractorThird party, not directly employed by the vendor, who will provide goods and/or servicesidentified in this ITB. This does not include third parties who provide support orincidental services to the vendor.Shall/Must/WillIndicates a mandatory requirement. Failure to meet a mandatory requirement may resultin the rejection of a bid as non-responsive.Should/MayIndicates something that is recommended but not mandatory. If the vendor fails toprovide recommended information, the State may, at its sole option, either ask the vendorto provide the information or evaluate the bid without the information.StateThe State of Nevada and any agency identified herein.Trade SecretInformation including, without limitation, a formula, pattern, compilation, program,device, method, technique, product, system, process, design, prototype, procedure,computer programming instruction or code that derives independent economic value,actual or potential, from not being generally known to, and not being readilyascertainable by proper means by the public or any other person who can obtaincommercial or economic value from its disclosure or use, and is the subject of efforts thatare reasonable under the circumstances to maintain its secrecy. See NRS 600A.030(5).UCCUniform Commercial Code3.ITEM SPECIFICATIONSUnless otherwise specified in this ITB, reference to a specific manufacturer or a specific product ormodel in the bid specifications does not restrict bidders to that manufacturer, product or model. Thismethod is used to indicate the functional requirements (e.g., type, design, characteristics, quality) of thearticle desired. Bids may be considered on other manufacturer’s products or other models determinedby the Purchasing Division to be the functional equivalent of the product or model referenced.NOTE: NO SUBSTITUTIONS WILL BE ACCEPTED FOR THIS BID.ITB No. 8380Revised 05/2012Page 4

NK8,000 gallon 2-compartment Fireguard vaulted abovegroundcylindrical storage tank. Tank split 6,000 (diesel)/2,000(gasoline) and includes lightweight thermal insulation, (2) 6"fittings for overfill valve, (2) 4" fittings for sub pump, three (3)emergency vent fittings, all other standard fittings, end-mountedcompact gasoline dispenser platform and UL saddles inaccordance to IBC 2009 as required by state of Nevada.TANK TRIM3.2 3.1143.1223.1323.142700VR-3P Baker Industries ground level spill containment boxwith 20 gallon containment and (2) 3" MNPT openings.700-3P Baker Industries ground level spill containment boxwith 20 gallon containment and (1) 3" MNPT opening.FR150 Fill-Rite hand pumps.158A-0300 Morrison Bros. 3/4" vertical check valves – singlepoppet.300-F-AL Dixon 3" fill adapter - aluminum.300-DC-AL Dixon 3" dust cap - aluminum.1611AV-1605 OPW vapor adapter.1711T-7085 OPW 4" vapor cap.Decal Package. Includes:Four (4) "NO SMOKING",four (4) "FLAMMABLE",(3) three "GASOLINE",and(3) three "DIESEL".TD-30-1 1-3-0 GASOLINE 10-3/4" diamond shape decals.246A-0400 Morrison Bros. 3" MNPT swing check valves poppet-viton.T-100-710 Jomar 3" ball valves.9095A-3300AVEVR Morrison Bros. 3" fill shut-off valves forremote fill application. Note: Requires 6" tank opening.419-03101TEVR Morrison Bros. 3" x 10' overfill preventionvalve drop tubes.3.15ITB No. 83802Revised 05/2012Page 5

ItemNo.Qty.3.161244O-0400AVEVR Morrison Bros. 6", 16oz emergency vent FNPT.3.172244O-0400AVEVR Morrison Bros. 8", 8oz emergency vents FNPT.3.182FSMM180300 FireShield HoseMaster 3"x15" MxM flexconnectors.15885 Husky 2" pressure/vacuum vent cap.3.19Description13.212818-0100 Morrison Bros. 2" clock gauges Male w/standard 2"float.3.221B600-F1S-B Bravo 38"W x 22"D SW vent box w/one toppenetration.3.231FSQF180200-QGE HoseMaster FireShield 2"x18" w/2" Femalex Quickclamp 2" slip 90 flex connector.MSRPPriceSUB TB No. 8380ExtendedPrice354-0200 Morrison Bros. 2" vent cap - aluminum.3.203.24 –3.32UnitPriceP75U1RJ2 Red Jacket 3/4hp variable length subpumps with 12"riser.880-051-1 Red Jacket IQ control boxes - w/dry run protection.T-100-708 Jomar 2" ball valves.FSMS240200 HoseMaster FireShield 2"x24" MxMS flexconnectors.710-0150 1V Morrison Bros. 1-1/2" solenoid valve.346DI-0400 Morrison Bros. 1-1/2" external emergency valveductile iron.710-0200 1V Morrison Bros. 2" solenoid valve.346DI-0500 Morrison Bros. 2" external emergency valveductile iron.78DI-0100 Morrison Bros. 1/2" expansion relief valves - 25 psi.Revised 05/2012Page 6

ItemNo.Qty.Description3.33 .35 –3.523/G7227D/GHJKR/L Wayne Select (36GPM) single product, 1hose, lane oriented commercial electronic dispenser with heater,10:1 pulse output, internal filter and gallons display. Less hoseand nozzle. Ad panel to be "#2 DIESEL".G6101D/27AJK/W1 Wayne Reliance S1 (22GPM) singleproduct, 1-hose, lane oriented commercial mechanical dispenserwith 10:1 pulser, external filter and gallons display. Less hoseand nozzle. Ad panel to be "UNLEADED".DISPENSER 13.4413.4513.4613.4713.4813.492ITB No. 8380UnitPrice11BP-0400 OPW 3/4" gasoline nozzle w/black scuff guard.7HB-0100 OPW 1" diesel nozzle w/green scuff guard.3360 Husky 3/4" gasoline breakaway.2276 Husky 1" diesel breakaway.350 Husky 3/4" multi-plane swivel.0087 Husky 1" multi-plane diesel swivel.Goodyear 3/4" x 4' mxms black gasoline hose.Goodyear 3/4" x 8' mxms black gasoline hose.Goodyear 1" x 8' mxm black diesel hose.Goodyear 1" x 12' mxm black diesel hose.610-0100 Morrison Bros. hose retriever assembly w/weight kit.610BUN0100 Morrison Bros. 1" hosebun.B8000 F1M-B Bravo single wall fiberglass dispenser sump.Includes: Mounting frame with electrical conduit offset andproduct shear valve stabilizer bar kit. For use with Wayne Selectdispenser.B8800-1SW Bravo tank mount steel dispenser containment boxfor Wayne SI Reliance dispenser.EBF-0751 OPW studded entry fittings - 3/4" or 1" - conduit.Revised 05/2012Page 7

ItemNo.Qty.3.50210BHMP-5830 OPW 1-1/2" f x m double poppet emergencyvalves.3.511FSFS120150 HoseMaster FireShield 1-1/2"x12"MSxF flexconnector.3.521FSQF180200-QGE HoseMaster FireShield 2"x18" w/2" Femalex Quickclamp 2" slip 90 flex connector.Description3.53 –3.563.53MSRPPrice1K800-HFIT-0 Petro Vend Hybrid Fuel Island Terminal (HFIT)(includes, 2X16 LCD display, heater, pedestal and choice ofChipKey or 20-4139-01 magnetic stripe card readers andFSC3000/System2 compatible Phoenix software).20-8225-PCM Petro Vend Remote PCM Cabinet with PCMTwo Hose Master and Power Supply (20-4405 PCM Two HoseSlave Module Optional).13.55120-4282 Petro Vend Proximity Reader Option for K800 FIT (HYBRID ONLY).3.56220-4268 Petro Vend Voltage-to-Current Sense ConverterModule (required for dispensers with little or no current draw).PIPING (By Contractor)3.57Only23.58 –3.60012030-626-0 Smith 3" x 2" FRP rigid tapper x slip sumppenetrations.TANK MONITOR3.5813.59113.60ExtendedPriceCARDLOCK SYSTEM (Existing)3.543.57UnitPriceVeeder Root inventory system. Includes: (1) 860199-020 TLS4C monitoring console w/touch screen, (1) 333577-001 TLS-4Capplication software, (2) 846391-307 0.2 GPH Mag Plus liquidlevel inventory probes, (1) 886100-000 phase-two mag probeinstall kit for gasoline, (1) 846400-001 mag probe install kit fordiesel, (2) 312020-952 4" riser cap kits, (2) 312020-984 ASTprobe install kits, (1) 794390-420 interstitial sensor for steeltank, (1) 307-1200P Morrison Bros. 2" interstitial sensor capand (3) 794380-208 piping sump sensors.790091-001 Veeder Root remote overfill alarm.790095-001 overfill alarm acknowledgement switchItems 3.1 through 3.60 “ALL OR NONE” total ------------------------------------ ITB No. 8380Revised 05/2012Page 8

BALANCE OF THE LINE: To include all items which are not specifically listed, but are included in the Control Devicesfor Motor Dispensing & Security Management only, and may be required by Vendor to complete the Fallon project. Balanceof the line items may be procured at the percentage discount as indicated below.Specify Discount:(Vendor is requested to provide catalogs and price lists for related items.)3.634.Additional Requirement1.For the purpose of uniformity, award of items 3.1 through 3.60 will be made on an “All orNone” basis. No bid will be considered on a separate item.2.The section entitled “EXCEPTIONS TO SPECIFICATIONS” must be completed by allbidders. Failure to complete this section or failure to list exceptions to the specificationswill result in the bid being considered incomplete and unacceptable to the State of Nevada.3.Bid MUST be submitted on this form to be considered.4.Bidders are especially cautioned to RECHECK BID PRICES FOR ERRORS prior tosubmitting bid as changes in bid prices after opening date and hour of bid due to an errorWILL NOT BE PERMITTED OR ACCEPTED. Bidder shall be required to furnishsoftware at price or prices bid on or be penalized by being removed from bidder’s list for aperiod of one year.PAYMENT4.1Prices offered in bids are an irrevocable offer for the term of the contract and any contractextensions unless otherwise specified in the Additional Requirements of this ITB.4.2The State generally pays within 30 days upon receipt of invoice and the using agency’s approval.Per the State’s policy and procedures, payments are not made prior to receipt of goods.Vendor’s Payment Terms4.3Prompt payment discount periods equal to (or greater than) 30 calendar days will receiveconsideration and bid pricing will be reduced (for evaluation purposes only) by the amount ofthat discount(s).Vendor’s Prompt Payment Discount Offered4.4Vendor’s prices contained in this bid are subject to acceptance within calendar days.4.5The price quoted is for the specified delivery, and, unless otherwise specified in the Contract, isFOB destination (freight included) to the delivery address. Unless otherwise specified in theContract, the price does not include applicable federal or State sales, use, excise, processing or anysimilar taxes, or duty charges, which shall be paid by the State, or in lieu thereof, the State shallprovide the Vendor with a tax exemption certificate acceptable to the applicable taxing authority.ITB No. 8380Revised 05/2012Page 9

Unless otherwise specified in the Contract, payment shall be made in accordance with Nevada lawto the Vendor.4.6The State requests MSRP prices in effect at the time of bid submittal for internal statisticalpurposes.4.7Purchasing Card AcceptanceIn an effort to streamline the purchasing and payment process, the State is encouraging agenciesto use the state contracted purchasing card to facilitate small dollar purchases. While at thepresent time it is not mandatory that contractors accept credit card purchases; contractors areencouraged to consider this alternate payment process.Purchasing (Credit) Cards accepted: Yes NoPayment discount for transactions involving card use: % Discount.4.8DeliveryDelivery will be completed within calendar days after receipt of purchase order.5.BID SUBMITTAL INSTRUCTIONS5.1Bids must be received at the address referenced below no later than 2:00 PM Pacific Time,November 2, 2015. Bids that do not arrive by bid opening time and date WILL NOT BEACCEPTED. Vendors may submit their bid any time prior to the above stated deadline.5.2Bids may be submitted via mail, overnight delivery or facsimile.5.2.1Hard Copy Bid Submission: Must be submitted in a sealed package, the package mustbe clearly marked: Invitation to Bid No. 8380, Bid Opening Date: November 2, 2015.Bid shall be submitted to:State of Nevada, Purchasing DivisionNancy Feser, Buyer515 E. Musser Street, Suite 300Carson City, NV 897015.2.25.3ITB No. 8380Electronic Bid Submittal: Faxed bids shall be sent to 775-684-0169 ONLY. Bids sent toany other fax number will NOT be accepted. Awarded vendor will be required to followup with an original signature of the submitted bid. Bids sent by fax must be sent with acover page, the package must be clearly marked: Invitation to Bid No. 8380, BidOpening Date: November 2, 2015.The State Purchasing Division will not be held responsible for bid packages mishandled as aresult of not being properly prepared.Revised 05/2012Page 10

5.4The Purchasing Division will accept questions received by email regarding this ITB as follows:The Question Submittal Form is located on the Bidding Opportunities webpage athttp://purchasing.state.nv.us/bids/bdocs.htm. Scroll down to the Bid number and select the“Question” link.The deadline for submitting questions is October 16, 2015 at 3:00 p.m., Pacific Time. Allquestions and/or comments will be addressed in writing and responses e-mailed or faxed toprospective vendors on or about October 23, 2015.5.5ITB TIMELINETASKDATE/TIMEDeadline for submitting questionsOctober 16, 2015 @ 3:00 p.m., Pacific TimeAnswers to all questions submitted available on or aboutDeadline for submission and opening of bidsOctober 23, 2015November 2, 2015@ 2:00 p.m., Pacific TimeNovember 2, 2015 – November 16, 2015Evaluation periodSelection of vendor on or aboutNovember 16, 2015NOTE: These dates represent a tentative schedule of events. The State reserves the right tomodify these dates at any time, with appropriate notice to prospective vendors.5.6This entire document and any amendments, if applicable, to this ITB must be returned as part ofthe vendor’s bid submission. Failure to comply with this requirement may be grounds for nonacceptance of the bid.5.7For purposes of addressing questions concerning this ITB the sole contact will be the PurchasingDivision. Upon issuance of this ITB, employees and representatives of the agencies identifiedherein will not answer questions or otherwise discuss the contents of this ITB or any subsequentsubmitted bid responses with any prospective bidders or their representatives until issuance offormal NOA. Failure to observe this restriction may result in disqualification of any bid. Thisrestriction does not preclude discussions between affected parties for the purpose of conductingbusiness unrelated to this procurement.5.8Sealed bids will be publically opened and read at the date, time and location specified within theITB. Assistance for handicapped, blind or hearing-impaired persons who wish to attend the ITBopening is available. If special arrangements are necessary, please notify the PurchasingDivision designee as soon as possible and at least two days in advance of the opening.ITB No. 8380Revised 05/2012Page 11

6.BID SOLICITATION, EVALUATION AND AWARD PROCESS6.1This procurement is being conducted in accordance with NRS Chapter 333 and NAC Chapter333.6.2Bids must conform to all terms, conditions and specifications in this ITB.6.3Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Actsof 1970 (OSHA) as may be amended, and certifies that all items furnished and purchased underthis order will conform to and comply with said standards and regulations. Contractor furtheragrees to indemnify and hold harmless purchaser from all damages assessed against purchaser asa result of Contractor’s failure to comply with the acts and standards thereunder and for thefailure of the items furnished under this order to so comply.6.4Pursuant to NRS Chapter 613 in connection with the performance of work under this contract,the contractor agrees not to unlawfully discriminate against any employee or applicant foremployment because of race, creed, color, national origin, sex, sexual orientation or age,including, without limitation, with regard to employment, upgrading, demotion or transfer,recruitment or recruitment advertising, layoff or termination, rates of pay or other forms ofcompensation, and selection for training, including, without limitation, apprenticeship.The contractor further agrees to insert this provision in all subcontracts, hereunder, exceptsubcontracts for standard commercial supplies or raw materials.6.5Every contract or order for goods must be awarded to the lowest responsible bidder. (NRS333.340(1)) To determine the lowest responsible bidder, the Purchasing Division may consider: The location of the using agency to be supplied; The qualities of the articles to be supplied; The total cost of ownership of the articles to be supplied; The conformity of the articles to be supplied with the specifications; The purposes for which the articles to be supplied are required; and The dates of delivery of the articles to be supplied.The Purchasing Division shall not be obligated to accept low bid, but will make an award in thebest interest of the State after all factors have been evaluated. (NRS 333.300(2))6.5.1ITB No. 8380When the advertisement for bids includes a statement that bids for alternative articles willbe considered, alternative articles will be considered in as much as they are determinedto: Meet or exceed the specifications of the article listed in the original request forbids; The purchase of the alternative article results in a lower price; and The Chief deems the purchase of the alternative article to be in the best interestsof the State.Revised 05/2012Page 12

7.6.6Bids may be withdrawn by written or facsimile notice received prior to the ITB opening time.Withdrawals received after the ITB opening time will not be considered except as authorized byNRS 333.350(3).6.7The State reserves the right to alter, amend, or modify any provisions of this ITB, or to withdrawthis ITB, at any time prior to the award of a contract pursuant hereto, if it is in the best interest ofthe State to do so.6.8Any unsuccessful bidder may file an appeal in strict compliance with NRS 333.370.6.9The Legislature, the Supreme Court, the Nevada Wing of the Civil Air Patrol (NRS 333.469), theNevada System of Higher Education (NRS 333.470) and local governments (as defined in NRS332.015) are intended third party beneficiaries of any contract resulting from this ITB and anylocal government may join or use any contract resulting from this ITB subject to all terms andconditions thereof pursuant to NRS 332.195. The State is not liable for the obligations of anylocal government which joins or uses any contract resulting from this ITB.6.10Vendors who enter into a contract with the State of Nevada and who sell tangible personalproperty in the State of Nevada are required to obtain a permit in accordance with NRS 372.125,and required to collect and pay the taxes imposed by law on the sale of tangible personalproperty in this State.6.11When applicable, submission of a bid must include any and all proposed terms and conditions,including, without limitation, written warranties, maintenance/service agreements, licenseagreements, lease purchase agreements and the bidder’s standard contract language. A review ofthese documents will be necessary to determine if a bid is in the best interest of the State.TERMS AND CONDITIONS FOR PURCHASE OF GOODS7.1INCORPORATED DOCUMENTS: The Contract shall consist of this ITB, any amendments tothis ITB if applicable, the vendor’s bid and all documentation contained therein, together with anysubsequently issued purchase order(s) executed by a person with full power and authority to issuesame on behalf of the State. A vendor’s bid shall not contradict or supersede any Statespecifications, terms or conditions without written evidence of mutual assent to such changeappearing in the Contract.7.2NOTICE: Unless otherwise specified, termination shall not be effective until thirty (30) calendardays after a party has served written notice of default, or without cause upon the other party. Allnotices or other communications required or permitted to be given under this Contract shall be inwriting and shall be deemed to have been duly given if delivered via email, personally in hand, bytelephonic facsimile, regular mail, or mailed certified mail, return receipt requested, postageprepaid on the date posted, and addressed to the other party at the address specified above.ITB No. 8380Revised 05/2012Page 13

7.3TERMINATION:7.3.17.3.27.3.37.3.47.3.5ITB No. 8380Termination Without Cause. Any discretionary or vested right of renewal notwithstanding,this Contract may be terminated upon written notice by mutual consent of both parties orunilaterally by either party without cause.State Termination for Nonappropriation. The continuation of the Contract beyond thecurrent biennium is subject to and contingent upon sufficient funds being appropriated,budgeted, and otherwise made available by the State Legislature and/or federal sources.The State may terminate the Contract, and the Vendor waives any and all claim(s) fordamages, effective immediately upon receipt of written notice (or any date specifiedtherein) if for any reason the Contracting Agency’s funding from State and/or federalsources is not appropriated or is withdrawn, limited, or impaired.Cause Termination for Default or Breach. A default or breach may be declared with orwithout termination. The Contract may be terminated by either party upon written noticeof default or breach to the other party as follows:7.3.3.1 If the Vendor fails to provide or satisfactorily perform any of the conditions,work, deliverables, goods, or services called for by the Contract within the timerequirements specified in the Contract or within any granted extension of thosetime requirements; or7.3.3.2 If any state, county, city or federal license, authorization, waiver, permit,qualification or certification required by statute, ordinance, law, or regulation tobe held by the Vendor to provide the goods or services required by the Contract isfor any reason denied, revoked, debarred, excluded, terminated, suspended,lapsed, or not renewed; or7.3.3.3 If the Vendor becomes insolvent, subject to receivership, or becomes voluntarilyor involuntarily subject to the jurisdiction of the bankruptcy court; or7.3.3.4 If the State materially breaches any material duty under the Contract and any suchbreach impairs the Vendor's ability to perform; or7.3.3.5 If it is found by the State that any quid pro quo or gratuities in the form of money,services, entertainment, gifts, or otherwise were offered or given by the Vendor,or any agent or representative of the Vendor, to any officer or employee of theState of Nevada with a view toward securing a contract or securing favorabletreatment with respect to awarding, extending, amending, or making anydetermination with respect to the performing of such contract; or7.3.3.6 If it is found by the State that the Vendor has failed to disclose any materialconflict of interest relative to the performance of the Contract.Time to Correct. Termination upon a declared default or breach may be exercised only afterservice of formal written notice as specified in paragraph 6.2, and the subsequent failure ofthe defaulting party within fifteen (15) calendar days of receipt of that notice to provideevidence, satisfactory to the aggrieved party, showing that the declared default or breachhas been corrected.Winding Up Affairs Upon Termination. In the event of termination of the contract for anyreason, the parties agree that the provisions of this paragraph survive termination:7.3.5.1 The parties shall account for and properly present to each other all claims for feesand expenses and pay those that are undisputed and otherwise not subject to setRevised 05/2012Page 14

7.3.5.27.4REPRESENTATIONS AND WARRANTIES: The Vendor represents and warrants to the State:7.4.17.4.27.4.3ITB No. 8380off under the Contract. Neither party may withhold performance of winding upprovisions solely based on nonpayment of fees or expenses accrued up to the timeof termination;The Vendor shall satisfactorily complete work in progress at the agreed rate (or apro rata basis if necessary) if so requested by the Contracting Agency.Bid Representations: All statements made by the Vendor on any application, bid, proposal,offer, financial statement, or other document used by the Vendor to induce the State toenter into the Contract are true, correct, complete, and omit no information which wouldrender them misleading.Use of Broker: The Vendor agrees to indemnify the State from any damage, liability, orexpense that it may suffer as a result of any claim of a broker or other finder with whom itis determined that the Vendor has dealt in connection with the transactions contemplatedun

Goodyear 3/4" x 4' mxms black gasoline hose. 3.42 1 Goodyear 3/4" x 8' mxms black gasoline hose. 3.43 1 Goodyear 1" x 8' mxm black diesel hose. 3.44 1 Goodyear 1" x 12' mxm black diesel hose. 3.45 1 610-0100 Mo

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