REQUEST FOR PROPOSALS RFP NUMBER: 0A1031 DATE ISSUED

• The Contractor’s committee member shall be present during the failed DL/ID card
examinations. The number of failed cards will determine the assessment of any
damages or a credit adjustment to the following month’s active card billing report.
• Cards that fail in manufacturing or prior to being considered active shall not be included
in any invoice to the ODPS. These cards shall be considered inactive and the spoilage
costs borne by the Contractor hence not subject to damage provisions.
• The CRC will also assess problems with defective materials (i.e. incorrect laminate
[wrong state], improperly wound rolls, warped cards, etc.). If equipment downtime, which
lasts more than the permitted repair time, or defective materials cause the DR or CSC
the inability to conduct business, damages of $892.00 per site per day will be assessed
for inconvenience to the DR and CSC customers, DR and CSC goodwill loss and loss of
staff productivity.
• If the Contractor fails to meet any of the RFP requirements, the State may require a
replacement of the DL/ID solution or any solution component (to be provided by the
Contractor) and/or may avail itself of the other remedies available in this Contract. If a
replacement is requested by the ODPS, such replacement shall be with new equipment
of comparable or greater quality and shall be furnished and installed by the Contractor no
later than 24 hours following the request for replacement, at no additional cost to the
ODPS.
• If the Contractor fails to meet any requirement of the Performance Level, the ODPS may
require a replacement of any DL/ID solution or system component and/or may avail itself
of the other remedies available in this Contract. If a replacement is requested by the
ODPS, such replacement shall be with a new or upgraded model (only with prior
approval from ODPS and DTS) as listed in the Contractor's proposal. The equipment
must be furnished and installed by the Contractor no later than 24 hours following the
request for replacement, at no additional cost to the ODPS.
Payment of Damages. The Contractor must pay any damages within 30 days after the State’s notice of
an assessment of such damages. Should the Contractor fail to make such payment in a timely manner,
on written notice to the Contractor, the State may offset any amounts due or becoming due to the
Contractor by the amount of the damages that are accrued but unpaid.
Damages and Termination for Default. In addition to assessing damages, the State also may provide
the Contractor with written notice of its default for any failure that is subject to assessment of damages,
and the Contractor must cure that default within 30 days. Should the Contractor fail to cure its default
within the 30 day cure period, this Contract will terminate immediately for cause and the State will be
entitled to damages related to that termination in accordance with the termination section of this Contract.
Should the State assess damages or otherwise be entitled to damages under this provision, on written
notice to the Contractor, the State may offset these damages from any Fees due under this Contract.
PART FIVE: ACCEPTANCE AND MAINTENANCE
Acceptance. There will be no formal acceptance procedure unless the RFP Documents expressly
provide otherwise. If the RFP Documents do not provide otherwise, the acceptance procedure will be an
informal review by the Work Representative to ensure that each Deliverable and the Work as a whole
comply with the requirements of this Contract. The Work Representative will have up to 30 calendar days
to do this. No formal letter of acceptance will be issued, and passage of the 30 calendar days will imply
acceptance, though the State will issue a notice of noncompliance if a Deliverable or the Work as a whole
does not meet the requirements of this Contract. If the Work Representative issues a letter of
noncompliance, then the Contractor will have 30 calendar days to correct the problems listed in the
noncompliance letter. If the Contractor fails to do so, the Contractor will be in default without a cure
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