HomeMy WebLinkAboutItem 09h - Purchase of Janitorial SuppliesPurchase Order for Janitorial Supplies
November 7, 2023
Page 1 of 2
DATE: November 7, 2023
TO: Honorable Mayor and City Council
FROM: Paul Cranmer, Public Works Services Director
By: Carlos Aguilar, General Services Superintendent
SUBJECT: PURCHASE ORDER WITH BRADYIFS FOR THE PURCHASE OF
JANITORIAL SUPPLIES AND RELATED PRODUCTS FOR VARIOUS
CITY FACILITIES IN AN AMOUNT NOT TO EXCEED $75,000
CEQA: Not a Project
Recommendation: Approve
SUMMARY
The Public Works Services Department (“PWSD”) maintains a revolving inventory of
janitorial supplies and related products in the City’s warehouse for all City departments.
Using the Omnia Partners cooperative purchasing program enables the City to streamline
the process of procuring janitorial supplies and receive the best price possible. It is
recommended that the City Council approve a Purchase Order with BradyIFS for the
purchase of janitorial supplies and related products for various City facilities in an amount
not to exceed $75,000, with optional annual extensions.
BACKGROUND
The PWSD is responsible for purchasing and distributing janitorial supplies for City
facilities. It is essential for the City’s warehouse to maintain an adequate supply of
cleaning supplies and paper goods to prevent interruption of janitorial and cleaning
services. Most items used in conjunction with janitorial services and facilities maintenance
are considered a revolving inventory item and must be replenished to continue daily
operations at City facilities. Some examples of purchased items include toilet paper, toilet
seat covers, paper towels, liquid hand soap, trash bags, disinfectants, and paper cups.
DISCUSSION
The California Government Code authorizes public agencies to participate in cooperative
purchasing agreements such as those established by Omnia Partners, while remaining
within the City’s adopted rules and procedures for purchasing. Omnia Partners is a
national government purchasing cooperative working to reduce the cost of goods and
services by leveraging the purchasing power of public agencies. Omnia Partners utilize
advanced procurement solutions that result in cooperative purchasing contracts with high
Purchase Order for Janitorial Supplies
November 7, 2023
Page 2 of 2
quality products and services, at the lowest prices. By utilizing a cooperative purchasing
program, Arcadia can streamline the procurement process and purchase janitorial
supplies at a lower cost than through traditional competitive bidding.
Omnia Partners awarded a master contract agreement to Network Services Company
dba Network Distribution for janitorial supplies and equipment, with optional extensions
through January 2027. Under the master agreement, Network Distribution has authorized
distribution partners. BradyIFS is the local authorized distribution partner for the delivery
of janitorial supplies and equipment. The bidding process and contract have been
reviewed by the PWSD, and both have been determined to meet the City’s procurement
requirements.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), as it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
FISCAL IMPACT
Each City Department plans and budgets for their own use of janitorial supplies each
fiscal year. Across all departments, the total cost of all supplies will not exceed $75,000.
Sufficient funds are available in each Department’s Fiscal Year 2023-24 Operating
Budgets for the purchase of janitorial supplies.
RECOMMENDATION
It is recommended that the City Council determine that this action does not constitute a
project under the California Environmental Quality Act (“CEQA”); and approve a Purchase
Order with BradyIFS for the purchase of janitorial supplies and related products for
various City facilities in an amount not to exceed $75,000, with optional annual
extensions.
Attachments: Omnia Partners Contract
Region 4 Education Service Center (ESC)
Contract # R211301
for
Cleaning Supplies, Breakroom and Related Products
with
Network Services Company
Effective: February 1, 2022
The following documents comprise the executed contract between the
Region 4 Education Service Center and Network Services Company,
effective February 1, 2022:
I. Vendor Contract and Signature Form
II. Supplier’s Response to the RFP, incorporated by reference
CONTRACT
1
CONTRACT
This Contract (“Contract”) is made as of )HEUXDU\, 202 by and between 1HWZRUN6HUYLFHV
(“Contractor”) and Region 4 Education Service Center (“Region 4 ESC”) for the purchase of
&OHDQLQJ6XSSOLHV%UHDNURRPDQG5HODWHG3URGXFWV(“the products and services”).
RECITALS
WHEREAS, Region 4 ESC issued Request for Proposals Number for &OHDQLQJ6XSSOLHV
%UHDNURRPDQG5HODWHG3URGXFWV (“RFP”), to which Contractor provided a response (“Proposal”);
and
WHEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor
in providing the services/materials described in the RFP and Proposal;
WHEREAS, both parties agree and understand the following pages will constitute the
Contract between the Contractor and Region 4 ESC, having its principal place of business at
7145 West Tidwell Road, Houston, TX 77092.
WHEREAS, Contractor included, in writing, any required exceptions or deviations from
these terms, conditions, and specifications; and it is further understood that, if agreed to by
Region 4 ESC, said exceptions or deviations are incorporated into the Contract.
WHEREAS, this Contract consists of the provisions set forth below, including provisions of
all attachments referenced herein. In the event of a conflict between the provisions set forth
below and those contained in any attachment, the provisions set forth below shall control.
WHEREAS, the Contract will provide that any state and local governmental entities, public
and private primary, secondary and higher education entities, non-profit entities, and agencies
for the public benefit (“Public Agencies”) may purchase products and services at prices
indicated in the Contract upon the Public Agency’s registration with OMNIA Partners.
1) Term of agreement. The term of the Contract is for a period of three (3) years unless
terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the
right to renew the Contract for two (2) additional one-year periods or portions thereof. Region
4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region
4 ESC’s intent renew the Contract. Contractor may elect not to renew by providing three
hundred sixty-five days’ (365) notice to Region 4 ESC. Notwithstanding the expiration of the
initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may
mutually agree to extend the term of this Agreement. Contractor acknowledges and
understands Region 4 ESC is under no obligation whatsoever to extend the term of this
Agreement.
The anticipated full term of the contract is five (5) years. The Contractor shall have the right
to enter local “service” agreements with Participating Public Agencies accessing the contract
through OMNIA Partners, so long as the effective date of such agreement is prior to the
expiration of the Contract. All local agreements may have a full potential term (any
combination of initial and renewal periods) not to exceed five years. Any tasks or project
CONTRACT
2
agreements executed against this Master Agreement during the effective term may survive
beyond the expiration of the Master Agreement as established and agreed to by both parties.
2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this
agreement, and described in the RFP, incorporated herein by reference as though fully set
forth herein.
3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and
Final Offer(s).
4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted
by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or
provide any material or service under this Contract until Contractor receives a purchase order
for such work or is otherwise directed to do so in writing by Region 4 ESC.
6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final
written expression of agreement. All agreements are contained herein and no other
agreements or representations that materially alter it are acceptable.
7) Assignment of Contract. No assignment of Contract may be made without the prior written
approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material
change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.).
8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to
perform this Contract, a successor in interest must guarantee to perform all obligations under
this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change
of name agreement will not change the contractual obligations of Contractor.
9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding
unless authorized and signed by Region 4 ESC.
10)Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional
distributors or dealers, other than those identified at the time of submitting their proposal, to
sell under the Contract without notification and prior written approval from Region 4 ESC.
Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or
dealer. Purchase orders and payment can only be made to the Contractor unless otherwise
approved by Region 4 ESC. Pricing provided to members by added distributors or dealers
must also be less than or equal to the Contractor’s pricing.
11)TERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate
the Contract if purchase volume is determined to be low volume in any 12-month period.
Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to
failure by Contractor to carry out any obligation, term or condition of the contract. Region
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4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any
of the following:
i. Providing material that does not meet the specifications of the Contract;
ii. Providing work or material was not awarded under the Contract;
iii. Failing to adequately perform the services set forth in the scope of work and
specifications;
iv. Failing to complete required work or furnish required materials within a reasonable
amount of time;
v. Failing to make progress in performance of the Contract or giving Region 4 ESC
reason to believe Contractor will not or cannot perform the requirements of the
Contract; or
vi. Performing work or providing services under the Contract prior to receiving an
authorized purchase order.
Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide
a satisfactory response to Region 4 ESC. Failure to adequately address all issues of
concern may result in Contract cancellation. Upon cancellation under this paragraph, all
goods, materials, work, documents, data and reports prepared by Contractor under the
Contract shall immediately become the property of Region 4 ESC.
b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely
manner, or Contractor violates any of the covenants, agreements, or stipulations of this
Contract Region 4 ESC reserves the right to terminate the Contract immediately and
pursue all other applicable remedies afforded by law. Such termination shall be effective
by delivery of notice, to the Contractor, specifying the effective date of termination. In such
event, all documents, data, studies, surveys, drawings, maps, models and reports
prepared by Contractor will become the property of the Region 4 ESC. If such event does
occur, Contractor will be entitled to receive just and equitable compensation for the
satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or
within a reasonable time period as interpreted by the purchasing agent or failure to make
replacements or corrections of rejected articles/services when so requested shall
constitute grounds for the Contract to be terminated. In the event Region 4 ESC must
purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a
reasonable time period, for all expenses incurred.
d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable
wholly or in part to carry out its obligations under this Agreement then such party shall
give notice and full particulars of Force Majeure in writing to the other party within a
reasonable time after occurrence of the event or cause relied upon, and the obligation of
the party giving such notice, so far as it is affected by such Force Majeure, shall be
suspended during the continuance of the inability then claimed, except as hereinafter
provided, but for no longer period, and such party shall endeavor to remove or overcome
such inability with all reasonable dispatch.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or
other industrial disturbances, act of public enemy, orders of any kind of government of the
United States or the State of Texas or any civil or military authority; insurrections; riots;
epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts;
droughts; arrests; restraint of government and people; civil disturbances; explosions,
breakage or accidents to machinery, pipelines or canals, or other causes not reasonably
within the control of the party claiming such inability. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the discretion of the party having
the difficulty, and that the above requirement that any Force Majeure shall be remedied
with all reasonable dispatch shall not require the settlement of strikes and lockouts by
CONTRACT
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acceding to the demands of the opposing party or parties when such settlement is
unfavorable in the judgment of the party having the difficulty.
e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by
providing written notice. The cancellation will take effect 30 business days after the other
party receives the notice of cancellation. After the 30th business day all work will cease
following completion of final purchase order.
12)Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds
and permits required for the operation of the business conducted by Contractor. Contractor
shall remain fully informed of and in compliance with all ordinances and regulations pertaining
to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop
work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or
terminated.
13)Survival Clause. All applicable software license agreements, warranties or service
agreements that are entered into between Contractor and Region 4 ESC under the terms and
conditions of the Contract shall survive the expiration or termination of the Contract. All
Purchase Orders issued and accepted by Contractor shall survive expiration or termination of
the Contract.
14)Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If
delivery is not or cannot be made within this time period, the Contractor must receive
authorization for the delayed delivery. The order may be canceled if the estimated shipping
time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be
included in all pricing offered unless otherwise clearly stated in writing.
15)Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may
make the determination to return the material to the Contractor at no cost to Region 4 ESC.
The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be
responsible for arranging the return of the defective or incorrect material.
16)Payments. Payment shall be made after satisfactory performance, in accordance with all
provisions thereof, and upon receipt of a properly completed invoice.
17)Price Adjustments. Should it become necessary or proper during the term of this Contract to
make any change in design or any alterations that will increase price, Region 4 ESC must be
notified immediately. Price increases must be approved by Region 4 ESC and no payment for
additional materials or services, beyond the amount stipulated in the Contract shall be paid
without prior approval. All price increases must be supported by manufacturer documentation,
or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days
after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility
to keep all pricing up to date and on file with Region 4 ESC. All price changes must be
provided to Region 4 ESC, using the same format as was provided and accepted in the
Contractor’s proposal.
Price reductions may be offered at any time during Contract. Special, time-limited reductions
are permissible under the following conditions: 1) reduction is available to all users equally; 2)
reduction is for a specific period, normally not less than thirty (30) days; and 3) original price
is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price
reduction during the Contract term.
CONTRACT
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18)Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all
purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC
reserves the right to audit the accounting for a period of three (3) years from the time such
purchases are made. This audit right shall survive termination of this Agreement for a period
of one (1) year from the effective date of termination. Region 4 ESC shall have the authority
to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense.
Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing
being offered that is materially inconsistent with the pricing under this agreement, Region 4
ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s
sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third-
party auditing firm. In the event of an audit, the requested materials shall be provided in the
format and at the location designated by Region 4 ESC.
19)Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor
may substitute a new product or model if the replacement product meets or exceeds the
specifications and performance of the discontinued model and if the discount is the same or
greater than the discontinued model.
20)New Products/Services. New products and/or services that meet the scope of work may be
added to the Contract. Pricing shall be equivalent to the percentage discount for other
products. Contractor may replace or add product lines if the line is replacing or supplementing
products, is equal or superior to the original products, is discounted similarly or greater than
the original discount, and if the products meet the requirements of the Contract. No products
and/or services may be added to avoid competitive procurement requirements. Region 4 ESC
may require additions to be submitted with documentation from Members demonstrating an
interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject
any additions without cause.
21)Options. Optional equipment for products under Contract may be added to the Contract at
the time they become available under the following conditions: 1) the option is priced at a
discount similar to other options; 2) the option is an enhancement to the unit that improves
performance or reliability.
22)Warranty Conditions. All supplies, equipment and services shall include manufacturer's
minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in
writing.
23)Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their
work as required or directed. Upon completion of the work, the premises shall be left in good
repair and an orderly, neat, clean, safe and unobstructed condition.
24)Site Preparation. Contractor shall not begin a project for which the site has not been prepared,
unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the
cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre-installation
requirements.
25)Registered Sex Offender Restrictions. For work to be performed at schools, Contractor
agrees no employee or employee of a subcontractor who has been adjudicated to be a
registered sex offender will perform work at any time when students are or are reasonably
expected to be present. Contractor agrees a violation of this condition shall be considered a
CONTRACT
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material breach and may result in the cancellation of the purchase order at Region 4 ESC’s
discretion. Contractor must identify any additional costs associated with compliance of this
term. If no costs are specified, compliance with this term will be provided at no additional
charge.
26)Safety measures. Contractor shall take all reasonable precautions for the safety of employees
on the worksite and shall erect and properly maintain all necessary safeguards for protection
of workers and the public. Contractor shall post warning signs against all hazards created by
its operation and work in progress. Proper precautions shall be taken pursuant to state law
and standard practices to protect workers, general public and existing structures from injury
or damage.
27)Smoking. Persons working under the Contract shall adhere to local smoking policies.
Smoking will only be permitted in posted areas or off premises.
28)Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC,
payment may be made for materials not incorporated in the work but delivered and suitably
stored at the site or some other location, for installation at a later date. An inventory of the
stored materials must be provided to Region 4 ESC prior to payment. Such materials must be
stored and protected in a secure location and be insured for their full value by the Contractor
against loss and damage. Contractor agrees to provide proof of coverage and additionally
insured upon request. Additionally, if stored offsite, the materials must also be clearly identified
as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be
allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite,
as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's
responsibility to protect all materials and equipment. Contractor warrants and guarantees that
title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance.
29)Funding Out Clause. A Contract for the acquisition, including lease, of real or personal
property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the
right to terminate the Contract at the expiration of each budget period during the term of the
Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate
funds for payment of the contract.
30)Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its
administrators, employees and agents against all claims, damages, losses and expenses
arising out of or resulting from the actions of the Contractor, Contractor employees or
subcontractors in the preparation of the solicitation and the later execution of the Contract.
Any litigation involving either Region 4 ESC, its administrators and employees and agents will
be in Harris County, Texas.
31)Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within
website, marketing materials and advertisement. Any use of Region 4 ESC name and logo
or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must
have prior approval from Region 4 ESC.
32)Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC
prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten
(10) days’ notice prior to any modifications or cancellation of policies. The Contractor shall
require all subcontractors performing any work to maintain coverage as specified.
CONTRACT
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33)Legal Obligations. It is Contractor’s responsibility to be aware of and comply with all local,
state, and federal laws governing the sale of products/services and shall comply with all laws
while fulfilling the Contract. Applicable laws and regulation must be followed even if not
specifically identified herein.
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Appendix B
TERMS & CONDITIONS ACCEPTANCE FORM
Signature on the Offer and Contract Signature form certifies complete acceptance of the terms
and conditions in this solicitation and draft Contract except as noted below with proposed
substitute language (additional pages may be attached, if necessary). The provisions of the
RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal
is returned with modifications to the draft Contract provisions that are not expressly approved
in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail.
Check one of the following responses:
Ƒ Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract.
(Note: If none are listed below, it is understood that no exceptions/deviations are taken.)
X Offeror takes the following exceptions to the RFP and draft Contract. All exceptions must
be clearly explained, reference the corresponding term to which Offeror is taking exception
and clearly state any proposed modified language, proposed additional terms to the RFP
and draft Contract must be included:
(Note: Unacceptable exceptions may remove Offeror’s proposal from consideration for
award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and
modifications and the decision shall be final.
If an offer is made with modifications to the contract provisions that are not expressly
approved in writing, the contract provisions contained in the RFP shall prevail.)
Section/Page Term, Condition, or
Specification
Exception/Proposed Modification Accepted
(For Region 4
ESC’s use)
11(c) Delivery Delete last sentence of this section
11(e) Cancellation Either Party may terminate with ninety (90)
day written notice
18 Audit Rights
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NETWORK DISTRIBUTION
RFP TABLE OF CONTENTS
ONE – Draft Contract and Offer and Contract Signature Form (Appendix A)
a. Terms and Conditions Acceptance Form (Appendix B)
b. Receipt of Addendum No.1 Acknowledgement, Signed
TWO – Products and Pricing
a. Products and Pricing – RFP Response
b. Price List - RFP Response
THREE – Performance Capability
a. OMNIA Partners Documents: Exhibit A – Response For National Cooperative Contract
b. Performance Capability – RFP Response
Attachments:
x Exhibit A 3.1C Distributor Locations
x Exhibit A 3.1D D&B Report
x Exhibit A 3.1E NetGreen Program
x Exhibit A 3.1G Special Business Status Summary
x Exhibit A 3.2E Map of Distributor Locations
x Exhibit A 3.2Ei Distributior Locations Sq Ft
x Exhibit A 3.3B 90 Day Marketing Plan
x Exhibit A 3.3C Implementation Outline
x Exhibit A 3.3I Organization Chart
x RFP Response b-iv Capabilities and Scope
x RFP Response b-vi Disaster Recovery Plan
FOUR – Qualification and Experience
a.Qualification and Experience – RFP Response +
a.Network References – Region 4
b.Region 4 Network Proposed Program – Network Overview
FIVE – Value Add
a. Value Add – RFP Response
Attachments:
x RFP Response di-1 Marketplace PunchOut
x RFP Response di-2 Healthy Measures
SIX – Additional Required Documents (Appendix C)
x Appendix C, Doc #1 Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy
x Appendix C, Doc #1 Proprietary Letter
x Appendix C, Doc #2 Antitrust Certification Statement (Tex. Government Code § 2155.005)
x Appendix C, Doc #3 Form 1295 Certificate of Interested Parties Texas
x Appendix C, Doc #4 Form 2270 Texas Verification Form
x Appendix D, Exhibit F Fed Funding Addendum Cleaning and Breakroom
x Appendix D Exhibit G New Jersey Compliance Form Signed
x FEMA Special Conditions Cleaning and Breakroom
Cleaning Supplies, Breakroom, and Related Products
Solicitation Number 21-13
Addendum No. 1 Page 1 of 3
7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
ADDENDUM NO. 1
Solicitation Number 21-13
Request for Proposal (“RFP”)
by Region 4 Education Service Center (“ESC”)
for
Cleaning Supplies, Breakroom, and Related Products
This Addendum No. 1 amends the Request for Proposals (RFP) for Cleaning Supplies,
Breakroom, and Related Products 21-13 (“Addendum”). To the extent of any discrepancy
between the original RFP and this Addendum, this Addendum shall prevail.
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified
suppliers with the intent to enter into a Contract for Cleaning Supplies, Breakroom, and
Related Products. Addendum No. 1 is hereby issued as follows:
QUESTIONS AND ANSWERS
1. Question: Is there a pricing excel sheet?
Answer: No pricing Excel sheet is provided in the RFP. Details for pricing submittal
are provided on RFP page 14, under Section IV. Evaluation Process and Criteria,
2.a) Products/Pricing.
2. Question: Is there a price list/spreadsheet with various line items for particular PPE
products under this bid or do we just provide our entire product catalog along with
pricing for everything?
Answer: See answer to Question 1 of this Addendum 1.
Cleaning Supplies, Breakroom, and Related Products
Solicitation Number 21-13
Addendum No. 1 Page 2 of 3
3. Question: Is it ok to just bid under this one PPE category since we do not provide
products under any of the other categories or are you looking for one vendor that
can provide everything across all categories?
Answer: No, Region 4 is seeking vendor(s) that can provide products and services across
all categories, as detailed in RFP page 2, I. Scope of Work.
4.Question:Looking through this bid and noticed that products were mentioned but no
quantity or brand names. I didn’t see a list of specific products. If you could provide me with
the information on the requested products or direct me to where I can find it in the RFP?
Answer: No quantities or brand names are specified in the RFP. Offerors should refer to
RFP page 13 in Section IV. Evaluation Process and Criteria, 2. A) Products/Pricing.
5. Question: Within the RFP are the list of products and product requirements, however we
are unclear of how to provide pricing and details for these items. For example: Should we
provide a subset of items that fall within each product category for your review? Is there a
specific number of items you wish to see in order to review pricing? Are you expecting to
see all items available within these categories?
Answer: As detailed in Section IV. 2. a) i. “As indicated in the Scope of Work, Offerors shall
provide a complete and comprehensive line of quality made cleaning and breakroom
supplies.” Offerors should further refer to Section IV. 2. A. ii. – iii.. of the RFP for additional
pricing requirements.
6. Question: We want to clearly understand how you are reviewing the pricing methodology
for products within these categories, so we can provide the correct format for your review.
Please clarify or provide an example (For Example: the pricing columns you wish to see.).
Answer: See answer to Question 5 of this Addendum 1 and refer to the entire Section IV 2
for further pricing details.
Cleaning Supplies, Breakroom, and Related Products
Solicitation Number 21-13
Addendum No. 1 Page 3 of 3
RECEIPT OF ADDENDUM NO. 1 - ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal
response.
Company Name ______________________________________
Contact Person _______________________________________
Signature ____________________________________________
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
Network Distribution
Jennifer Eichorn ____________________
_____________________
08/10/2021
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APPENDIX A
DRAFT CONTRACT
This Contract (“Contract”) is made as of __________, 202X by and between
(“Contractor”) and Region 4 Education Service Center
(“Region 4 ESC”) for the purchase of ___________________________________________(“the
products and services”).
RECITALS
WHEREAS, Region 4 ESC issued Request for Proposals Number R______ for _______ (“RFP”),
to which Contractor provided a response (“Proposal”); and
WHEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in
providing the services/materials described in the RFP and Proposal;
WHEREAS, both parties agree and understand the following pages will constitute the Contract
between the Contractor and Region 4 ESC, having its principal place of business at 7145 West
Tidwell Road, Houston, TX 77092.
WHEREAS, Contractor included, in writing, any required exceptions or deviations from these
terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4
ESC, said exceptions or deviations are incorporated into the Contract.
WHEREAS, this Contract consists of the provisions set forth below, including provisions of all
attachments referenced herein. In the event of a conflict between the provisions set forth below
and those contained in any attachment, the provisions set forth below shall control.
WHEREAS, the Contract will provide that any state and local governmental entities, public and
private primary, secondary and higher education entities, non-profit entities, and agencies for the
public benefit (“Public Agencies”) may purchase products and services at prices indicated in the
Contract upon the Public Agency’s registration with OMNIA Partners.
1) Term of agreement. The term of the Contract is for a period of three (3) years unless
terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the
right to renew the Contract for two (2) additional one-year periods or portions thereof. Region
4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region
4 ESC’s intent renew the Contract. Contractor may elect not to renew by providing three
hundred sixty-five days’ (365) notice to Region 4 ESC. Notwithstanding the expiration of the
initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may
mutually agree to extend the term of this Agreement. Contractor acknowledges and
understands Region 4 ESC is under no obligation whatsoever to extend the term of this
Agreement.
The anticipated full term of the contract is five (5) years. The Contractor shall have the right
to enter local “service” agreements with Participating Public Agencies accessing the contract
through OMNIA Partners, so long as the effective date of such agreement is prior to the
expiration of the Contract. All local agreements may have a full potential term (any
combination of initial and renewal periods) not to exceed five years. Any tasks or project
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agreements executed against this Master Agreement during the effective term may survive
beyond the expiration of the Master Agreement as established and agreed to by both parties.
2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this
agreement, and described in the RFP, incorporated herein by reference as though fully set
forth herein.
3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and
Final Offer(s).
4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted
by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or
provide any material or service under this Contract until Contractor receives a purchase order
for such work or is otherwise directed to do so in writing by Region 4 ESC.
6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final
written expression of agreement. All agreements are contained herein and no other
agreements or representations that materially alter it are acceptable.
7) Assignment of Contract. No assignment of Contract may be made without the prior written
approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material
change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.).
8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to
perform this Contract, a successor in interest must guarantee to perform all obligations under
this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change
of name agreement will not change the contractual obligations of Contractor.
9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding
unless authorized and signed by Region 4 ESC.
10)Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional
distributors or dealers, other than those identified at the time of submitting their proposal, to
sell under the Contract without notification and prior written approval from Region 4 ESC.
Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or
dealer. Purchase orders and payment can only be made to the Contractor unless otherwise
approved by Region 4 ESC. Pricing provided to members by added distributors or dealers
must also be less than or equal to the Contractor’s pricing.
11)TERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate
the Contract if purchase volume is determined to be low volume in any 12-month period.
Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to
failure by Contractor to carry out any obligation, term or condition of the contract. Region
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4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any
of the following:
i. Providing material that does not meet the specifications of the Contract;
ii. Providing work or material was not awarded under the Contract;
iii. Failing to adequately perform the services set forth in the scope of work and
specifications;
iv. Failing to complete required work or furnish required materials within a reasonable
amount of time;
v. Failing to make progress in performance of the Contract or giving Region 4 ESC
reason to believe Contractor will not or cannot perform the requirements of the
Contract; or
vi. Performing work or providing services under the Contract prior to receiving an
authorized purchase order.
Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide
a satisfactory response to Region 4 ESC. Failure to adequately address all issues of
concern may result in Contract cancellation. Upon cancellation under this paragraph, all
goods, materials, work, documents, data and reports prepared by Contractor under the
Contract shall immediately become the property of Region 4 ESC.
b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely
manner, or Contractor violates any of the covenants, agreements, or stipulations of this
Contract Region 4 ESC reserves the right to terminate the Contract immediately and
pursue all other applicable remedies afforded by law. Such termination shall be effective
by delivery of notice, to the Contractor, specifying the effective date of termination. In such
event, all documents, data, studies, surveys, drawings, maps, models and reports
prepared by Contractor will become the property of the Region 4 ESC. If such event does
occur, Contractor will be entitled to receive just and equitable compensation for the
satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or
within a reasonable time period as interpreted by the purchasing agent or failure to make
replacements or corrections of rejected articles/services when so requested shall
constitute grounds for the Contract to be terminated. In the event Region 4 ESC must
purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a
reasonable time period, for all expenses incurred.
d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable
wholly or in part to carry out its obligations under this Agreement then such party shall
give notice and full particulars of Force Majeure in writing to the other party within a
reasonable time after occurrence of the event or cause relied upon, and the obligation of
the party giving such notice, so far as it is affected by such Force Majeure, shall be
suspended during the continuance of the inability then claimed, except as hereinafter
provided, but for no longer period, and such party shall endeavor to remove or overcome
such inability with all reasonable dispatch.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or
other industrial disturbances, act of public enemy, orders of any kind of government of the
United States or the State of Texas or any civil or military authority; insurrections; riots;
epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts;
droughts; arrests; restraint of government and people; civil disturbances; explosions,
breakage or accidents to machinery, pipelines or canals, or other causes not reasonably
within the control of the party claiming such inability. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the discretion of the party having
the difficulty, and that the above requirement that any Force Majeure shall be remedied
with all reasonable dispatch shall not require the settlement of strikes and lockouts by
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BBBBBBBBBBBBBBB
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acceding to the demands of the opposing party or parties when such settlement is
unfavorable in the judgment of the party having the difficulty.
e) Standard Cancellation.(LWKHU3DUW\Region 4 ESC may cancel this Contract in whole or
LQSDUWE\providing GD\written notice. The cancellation will take effect 3 0 business
days after the other party receives the notice of cancellation. After the 3 0th business
day all work will cease following completion of final purchase order.
12)Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds
and permits required for the operation of the business conducted by Contractor. Contractor
shall remain fully informed of and in compliance with all ordinances and regulations pertaining
to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop
work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or
terminated.
13)Survival Clause. All applicable software license agreements, warranties or service
agreements that are entered into between Contractor and Region 4 ESC under the terms and
conditions of the Contract shall survive the expiration or termination of the Contract. All
Purchase Orders issued and accepted by Contractor shall survive expiration or termination of
the Contract.
14)Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If
delivery is not or cannot be made within this time period, the Contractor must receive
authorization for the delayed delivery. The order may be canceled if the estimated shipping
time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be
included in all pricing offered unless otherwise clearly stated in writing.
15)Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may
make the determination to return the material to the Contractor at no cost to Region 4 ESC.
The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be
responsible for arranging the return of the defective or incorrect material.
16)Payments. Payment shall be made after satisfactory performance, in accordance with all
provisions thereof, and upon receipt of a properly completed invoice.
17)Price Adjustments. Should it become necessary or proper during the term of this Contract to
make any change in design or any alterations that will increase price, Region 4 ESC must be
notified immediately. Price increases must be approved by Region 4 ESC and no payment for
additional materials or services, beyond the amount stipulated in the Contract shall be paid
without prior approval. All price increases must be supported by manufacturer documentation,
or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days
after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility
to keep all pricing up to date and on file with Region 4 ESC. All price changes must be
provided to Region 4 ESC, using the same format as was provided and accepted in the
Contractor’s proposal.
Price reductions may be offered at any time during Contract. Special, time-limited reductions
are permissible under the following conditions: 1) reduction is available to all users equally; 2)
reduction is for a specific period, normally not less than thirty (30) days; and 3) original price
is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price
reduction during the Contract term.
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18)Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all
purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC
reserves the right to audit the accounting for a period of three (3) years from the time such
purchases are made. This audit right shall survive termination of this Agreement for a period
of one (1) year from the effective date of termination. Region 4 ESC shall have the authority
to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense.
Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing
being offered that is materially inconsistent with the pricing under this agreement, Region 4
ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s
sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third-
party auditing firm. In the event of an audit, the requested materials shall be provided in the
format and at the location designated by Region 4 ESC.
19)Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor
may substitute a new product or model if the replacement product meets or exceeds the
specifications and performance of the discontinued model and if the discount is the same or
greater than the discontinued model.
20)New Products/Services. New products and/or services that meet the scope of work may be
added to the Contract. Pricing shall be equivalent to the percentage discount for other
products. Contractor may replace or add product lines if the line is replacing or supplementing
products, is equal or superior to the original products, is discounted similarly or greater than
the original discount, and if the products meet the requirements of the Contract. No products
and/or services may be added to avoid competitive procurement requirements. Region 4 ESC
may require additions to be submitted with documentation from Members demonstrating an
interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject
any additions without cause.
21)Options. Optional equipment for products under Contract may be added to the Contract at
the time they become available under the following conditions: 1) the option is priced at a
discount similar to other options; 2) the option is an enhancement to the unit that improves
performance or reliability.
22)Warranty Conditions. All supplies, equipment and services shall include manufacturer's
minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in
writing.
23)Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their
work as required or directed. Upon completion of the work, the premises shall be left in good
repair and an orderly, neat, clean, safe and unobstructed condition.
24)Site Preparation. Contractor shall not begin a project for which the site has not been prepared,
unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the
cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre-installation
requirements.
25)Registered Sex Offender Restrictions. For work to be performed at schools, Contractor
agrees no employee or employee of a subcontractor who has been adjudicated to be a
registered sex offender will perform work at any time when students are or are reasonably
expected to be present. Contractor agrees a violation of this condition shall be considered a
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6
material breach and may result in the cancellation of the purchase order at Region 4 ESC’s
discretion. Contractor must identify any additional costs associated with compliance of this
term. If no costs are specified, compliance with this term will be provided at no additional
charge.
26)Safety measures. Contractor shall take all reasonable precautions for the safety of employees
on the worksite and shall erect and properly maintain all necessary safeguards for protection
of workers and the public. Contractor shall post warning signs against all hazards created by
its operation and work in progress. Proper precautions shall be taken pursuant to state law
and standard practices to protect workers, general public and existing structures from injury
or damage.
27)Smoking. Persons working under the Contract shall adhere to local smoking policies.
Smoking will only be permitted in posted areas or off premises.
28)Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC,
payment may be made for materials not incorporated in the work but delivered and suitably
stored at the site or some other location, for installation at a later date. An inventory of the
stored materials must be provided to Region 4 ESC prior to payment. Such materials must be
stored and protected in a secure location and be insured for their full value by the Contractor
against loss and damage. Contractor agrees to provide proof of coverage and additionally
insured upon request. Additionally, if stored offsite, the materials must also be clearly identified
as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be
allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite,
as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's
responsibility to protect all materials and equipment. Contractor warrants and guarantees that
title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance.
29)Funding Out Clause. A Contract for the acquisition, including lease, of real or personal
property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the
right to terminate the Contract at the expiration of each budget period during the term of the
Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate
funds for payment of the contract.
30)Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its
administrators, employees and agents against all claims, damages, losses and expenses
arising out of or resulting from the actions of the Contractor, Contractor employees or
subcontractors in the preparation of the solicitation and the later execution of the Contract.
Any litigation involving either Region 4 ESC, its administrators and employees and agents will
be in Harris County, Texas.
31)Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within
website, marketing materials and advertisement. Any use of Region 4 ESC name and logo
or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must
have prior approval from Region 4 ESC.
32)Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC
prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten
(10) days’ notice prior to any modifications or cancellation of policies. The Contractor shall
require all subcontractors performing any work to maintain coverage as specified.
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33)Legal Obligations. It is Contractor’s responsibility to be aware of and comply with all local,
state, and federal laws governing the sale of products/services and shall comply with all laws
while fulfilling the Contract. Applicable laws and regulation must be followed even if not
specifically identified herein.
OFFER AND CONTRACT SIGNATURE FORM
The undersigned hereby offers and, if awarded, agrees to furnish goods and/or services in strict
compliance with the terms, specifications and conditions at the prices proposed within response
unless noted in writing.
Company Name
Address
City/State/Zip
Telephone No.
Email Address
Printed Name
Title
Authorized signature
Accepted by Region 4 ESC:
Contract No. ______________
Initial Contract Term to
Region 4 ESC Authorized Board Member Date
Print Name
Region 4 ESC Authorized Board Member Date
Print Name
Appendix B
TERMS & CONDITIONS ACCEPTANCE FORM
Signature on the Offer and Contract Signature form certifies complete acceptance of the terms
and conditions in this solicitation and draft Contract except as noted below with proposed
substitute language (additional pages may be attached, if necessary). The provisions of the
RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal
is returned with modifications to the draft Contract provisions that are not expressly approved
in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail.
Check one of the following responses:
Ƒ Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract.
(Note: If none are listed below, it is understood that no exceptions/deviations are taken.)
X Offeror takes the following exceptions to the RFP and draft Contract. All exceptions must
be clearly explained, reference the corresponding term to which Offeror is taking exception
and clearly state any proposed modified language, proposed additional terms to the RFP
and draft Contract must be included:
(Note: Unacceptable exceptions may remove Offeror’s proposal from consideration for
award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and
modifications and the decision shall be final.
If an offer is made with modifications to the contract provisions that are not expressly
approved in writing, the contract provisions contained in the RFP shall prevail.)
Section/Page Term, Condition, or
Specification
Exception/Proposed Modification Accepted
(For Region 4
ESC’s use)
11(c)
Delivery Delete last sentence of this section
11(e) Cancellation Either Party may terminate with ninety (90)
day written notice
18 Audit Rights Audit period can involve no more than
immediately preceding twelve (12) months of
purchases and audit shall be at the sole cost
and expense of TCPN and Region 4 ESC.
IV. EVALUATION PROCESS AND CRITERIA
a) PRODUCTS/PRICING
Note: These topics may be additionally covered within Appendix D, Exhibit A, and OMNIA
Partners Response for National Cooperative Contract.
i. As indicated in the Scope of Work, Offerors shall provide a complete and comprehensive line
of quality made cleaning and breakroom supplies. When applicable, Offerors should complete
the below tables but may alter as needed and are encouraged to include and further describe
additional products, services, and programs. Offerors should include but are not limited to:
i. Dilution Control
ii. Green Solutions
iii. Industrial Paper and Dispensers
iv. Hard Floor Care
v. Carpet Care
vi. Restroom Care
vii.Waste Receptacles and Liners
viii. Machines and Accessories
ix. Breakroom and Kitchen
x. Cleaning and Breakroom Tools and Supplies
xi. Personal Protective Equipment (PPE) and Health/Safety Solutions
xii. Other Categories
Discounts proposed should remain the same during the contract and at a minimum for the first
twelve (12) months after contract award.
We are able to provide all items listed within the RFP.
Our price proposal contains a core list of approximately 1,500 items, with pricing firm for 12
months after the contract date. Pricing will be evaluated on the yearly anniversary date.
Pricing submitted is a representation of available items. We can supply pricing for any additional
or alternative items required by Region 4 .
See attached PRICE LIST RFP Response – Region 4
i. Offerors are to provide a discount from a verifiable price index and provide a reduced net
pricing schedule with indefinite quantities. Offeror must fully describe and disclose details of
proposed pricing method including audit verification method. Prices/discounts shall remain firm
and will include all charges that may be incurred in fulfilling requirement(s) for the twelve-month
period following contract award. Where applicable, pricing shall be determined by applying
Offerors’ discounts to the prices listed on their manufacturer’s price lists, retail price sheets, and
catalogs.
ii. Where applicable, Offeror’s may provide a fixed price, or a combination of pricing, with
indefinite quantities. Prices listed will be used to establish the extent of a manufacturer’s product
lines, services, warranties, etc. that are available from Offeror and the pricing per item.
Multiple percentage discounts are acceptable if, where different percentage discounts apply,
they different percentages are specified. Additional pricing and/or discounts may be included.
Products and services proposed are to be priced separately with all ineligible items identified.
Offerors may elect to limit their proposals to any category or categories.
iii. Provide complete price lists and catalog of Offeror’s product line in a separate file on a Flash
Drive (i.e. Pin or Jump Drives). This is to include an electronic copy of the catalog from which
discount, or fixed price, is calculated. Electronic price lists must contain the following: (if
applicable)
• Manufacturer part #
• Offeror’s Part # (if different from manufacturer part #)
• Description
• Manufacturers Suggested List Price and Net Price
• Net price to Region 4 ESC (including freight)
Media submitted for price list must include the Offerors’ company name, name of the
solicitation, and date on the Flash Drive (i.e. Pin or Jump Drives).
We do not have a complete product catalog of all nationally available items due to the expansive
nature of our product categories and varying customer needs. We will also continue to expand
offering as new and more efficient products become available.
However, we can offer localized catalogs directed to needs of local markets or customers.
iv. Provide information for non-warranty service rates to include what services are covered with
invoice rates.
In the instance that a product requires service, it will be discussed on a case by case basis with
your local distributor.
v. Is pricing available for all products and services?
Yes. Pricing submitted is an overview/subset of available items. We can supply pricing for any
additional or alternative items required by Region 4 .
vi. Describe any shipping charges.
We provide standard freight free delivery to the vast majority of the US. In the event a location is
outside the freight free delivery areas, the following modes of delivery are available: Fed-Ex,
UPS, USPS, LTL delivery carrier, special delivery courier, and customer pick-up (with prior
notification) are options. Emergency and rush orders are available. Emergency orders would
incur a pass through of fees charged by the courier for delivery, and w ill require written location
approval prior to order processing. Locations outside the continental US (Conus) may be
subject to a premium for freight and any tariffs or additional shipping fees.
vii. Provide pricing for warranties on all products and services.
We are not a manufacturer, and we pass along all manufacturer warranties to Region 4. Can be
discussed for applicable equipment or other items.
viii. Describe any return and restocking fees.
All returned products must be in the original container, in resalable condition and usable prior to
expiration date of the product, and made within 90 days of delivery date. Items returned due to
customer error will be charged a restocking fee; however, if the result of distributor error, the
restocking fee will be waived.
ix. Describe any additional discounts or rebates available. Additional discounts or rebates may
be offered for large quantity orders, single ship to location, growth, annual spend, guaranteed
quantity, etc.
Additional discounts may be negotiated on a local case-by-case basis.
x. Describe how customers verify they are receiving Contract pricing.
Utilizing EDI-based electronic ordering or ecommerce system encourage pricing
consistency for all customers. We currently support full EDI and ecommerce ordering for
all National Accounts who desire to use one of these methods.
Many of our purchase orders come in through EDI or internet ordering today, and that
number continues to grow.
Our ecommerce system allows custom product catalogs for each ordering location, easy
product search, ability to access past and pending orders, order approval, punch-outs to
vendor catalogs, and other customized options.
All of the efficiency tools will simplify and support Contract pricing standardization.
xi. Describe payment methods offered.
Payment methods include: Electronic funds transfer (EFT), automated clearing house (ACH),
EDI 820 remittance, and other electronic formats.
Our IT teams can discuss options to meet your needs.
xii. Propose the frequency of updates to the Offeror’s pricing structure. Describe any proposed
indices to guide price adjustments. If offering a catalog contract with discounts by category,
while changes in individual pricing may change, the category discounts should not change over
the term of the Contract.
Quoted prices and subsequent price changes are based on a fixed cost and supported with
letters from the manufacturer in cases of increase or decrease if requested.
We are offering fixed item costs, not discounts by product category.
In the case of extreme market fluctuations and manufacturer’s price increases, we may
implement an emergency price increase on the affected. Customer pricing will be based on
contract price at the time the order is fulfilled and delivered. The actual pricing could be greater
than when the order was placed.
xiii. Describe how future product introductions will be priced and align with Contract pricing
proposed.
Our price proposal contains a core list of items, which are a representation of the full offering.
Our entire catalog of over 10,000 items is available to Region 4 and users of this contract.
All Janitorial and Sanitation Supplies, Equipment and Related Services are considered in scope
of this contract. Products are considered core (as set forth on price list with an exception to
gloves) or non-core (anything outside of core list and sold at market competitive pricing).
xiv. Provide any additional information relevant to this section.
We are available to answer any additional questions about our Products and Pricing.
EXHIBIT A
RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
1.0 Scope of National Cooperative Contract
Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master
Agreement or in the Administration Agreement between Supplier and OMNIA Partners.
We acknowledge, understand, and agree to comply with sections 1.0 – 2.0 and all subsections
therein, unless indicated otherwise by our language/explanation is in blue font directly below the
section or subsection.
Our responses to section 3.0 and its subsections can be found directly below the subsection in blue
font.
1.1 Requirement
The Region 4 Education Service Center (“ESC”) (hereinafter defined and referred to
as “Principal Procurement Agency”), on behalf of itself and the National
Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a
OMNIA Partners, Public Sector (“OMNIA Partners”), is requesting proposals for
Cleaning Supplies, Breakroom, and Related Products. The intent of this Request for
Proposal is any contract between Principal Procurement Agency and Supplier
resulting from this Request for Proposal (“Master Agreement”) be made available to
other public agencies nationally, including state and local governmental entities,
public and private primary, secondary and higher education entities, non-profit
entities, and agencies for the public benefit (“Public Agencies”), through OMNIA
Partners’ cooperative purchasing program. The Principal Procurement Agency has
executed a Principal Procurement Agency Certificate with OMNIA Partners, an
example of which is included as Exhibit D, and has agreed to pursue the Master
Agreement. Use of the Master Agreement by any Public Agency is preceded by their
registration with OMNIA Partners as a Participating Public Agency in OMNIA Partners’
cooperative purchasing program. Registration with OMNIA Partners as a Participating
Public Agency is accomplished by Public Agencies entering into a Master
Intergovernmental Cooperative Purchasing Agreement, an example of which is
attached as Exhibit C, and by using the Master Agreement, any such Participating
Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to
the terms of the Master Intergovernmental Purchasing Cooperative Agreement or as
otherwise agreed to. The terms and pricing established in the resulting Master
Agreement between the Supplier and the Principal Procurement Agency will be the
same as that available to Participating Public Agencies through OMNIA Partners.
All transactions, purchase orders, invoices, payments etc., will occur directly between
the Supplier and each Participating Public Agency individually, and neither OMNIA
Partners, any Principal Procurement Agency nor any Participating Public Agency,
including their respective agents, directors, employees or representatives, shall be
liable to Supplier for any acts, liabilities, damages, etc., incurred by any other
Participating Public Agency. Supplier is responsible for knowing the tax laws in each
state.
This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA
Partners’ requirements to market the resulting Master Agreement nationally to Public
Agencies. Each section in this Exhibit A refers to the capabilities, requirements,
obligations, and prohibitions of competing Suppliers on a national level in order to
serve Participating Public Agencies through OMNIA Partners.
These requirements are incorporated into and are considered an integral part of this
RFP. OMNIA Partners reserves the right to determine whether or not to make the
Master Agreement awarded by the Principal Procurement Agency available to
Participating Public Agencies, in its sole and absolute discretion, and any party
submitting a response to this RFP acknowledges that any award by the Principal
Procurement Agency does not obligate OMNIA Partners to make the Master
Agreement available to Participating Procurement Agencies.
1.2 Marketing, Sales and Administrative Support
During the term of the Master Agreement OMNIA Partners intends to provide
marketing, sales, partnership development and administrative support for Supplier
pursuant to this section that directly promotes the Supplier’s products and services to
Participating Public Agencies through multiple channels, each designed to promote
specific products and services to Public Agencies on a national basis.
OMNIA Partners will assign the Supplier a Director of Partner Development who will
serve as the main point of contact for the Supplier and will be responsible for
managing the overall relationship between the Supplier and OMNIA Partners. The
Director of Partner Development will work with the Supplier to develop a
comprehensive strategy to promote the Master Agreement and will connect the
Supplier with appropriate stakeholders within OMNIA Partners including, Sales,
Marketing, Contracting, Training, and Operations & Support.
The OMNIA Partners marketing team will work in conjunction with Supplier to promote
the Master Agreement to both existing Participating Public Agencies and prospective
Public Agencies through channels that may include:
A. Marketing collateral (print, electronic, email, presentations)
B. Website
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media
The OMNIA Partners sales teams will work in conjunction with Supplier to promote
the Master Agreement to both existing Participating Public Agencies and prospective
Public Agencies through initiatives that may include:
A. Individual sales calls
B. Joint sales calls
C. Communications/customer service
D. Training sessions for Public Agency teams
E. Training sessions for Supplier teams
The OMNIA Partners contracting teams will work in conjunction with Supplier to
promote the Master Agreement to both existing Participating Public Agencies and
prospective Public Agencies through:
A. Serving as the subject matter expert for questions regarding joint powers authority
and state statutes and regulations for cooperative purchasing
B. Training sessions for Public Agency teams
C. Training sessions for Supplier teams
D. Regular business reviews to monitor program success
E. General contract administration
Suppliers are required to pay an Administrative Fee of 3% of the greater of the
Contract Sales under the Master Agreement and Guaranteed Contract Sales under
this Request for Proposal. Supplier will be required to execute the OMNIA Partners
Administration Agreement (Exhibit B).
1.3 Estimated Volume
The dollar volume purchased under the Master Agreement is estimated to be
approximately $75M annually. While no minimum volume is guaranteed to Supplier,
the estimated annual volume is projected based on the current annual volumes
among the Principal Procurement Agency, other Participating Public Agencies that
are anticipated to utilize the resulting Master Agreement to be made available to them
through OMNIA Partners, and volume growth into other Public Agencies through a
coordinated marketing approach between Supplier and OMNIA Partners.
1.4 Award Basis
The basis of any contract award resulting from this RFP made by Principal
Procurement Agency will, at OMNIA Partners’ option, be the basis of award on a
national level through OMNIA Partners. If multiple Suppliers are awarded by Principal
Procurement Agency under the Master Agreement, those same Suppliers will be
required to extend the Master Agreement to Participating Public Agencies through
OMNIA Partners. Utilization of the Master Agreement by Participating Public
Agencies will be at the discretion of the individual Participating Public Agency. Certain
terms of the Master Agreement specifically applicable to the Principal Procurement
Agency (e.g. governing law) are subject to modification for each Participating Public
Agency as Supplier, such Participating Public Agency and OMNIA Partners shall
agree without being in conflict with the Master Agreement. Participating Agencies may
request to enter into a separate supplemental agreement to further define the level of
service requirements over and above the minimum defined in the Master Agreement
(i.e. invoice requirements, order requirements, specialized delivery, diversity
requirements such as minority and woman owned businesses, historically
underutilized business, governing law, etc.) (“Supplemental Agreement”). It shall be
the responsibility of the Supplier to comply, when applicable, with the prevailing wage
legislation in effect in the jurisdiction of the Participating Agency. It shall further be the
responsibility of the Supplier to monitor the prevailing wage rates as established by
the appropriate department of labor for any increase in rates during the term of the
Master Agreement and adjust wage rates accordingly. In instances where
supplemental terms and conditions create additional risk and cost for Supplier,
Supplier and Participating Public Agency may negotiate additional pricing above and
beyond the stated contract not-to-exceed pricing so long as the added price is
commensurate with the additional cost incurred by the Supplier. Any supplemental
agreement developed as a result of the Master Agreement is exclusively between the
Participating Agency and the Supplier (Contract Sales are reported to OMNIA
Partners).
All signed Supplemental Agreements and purchase orders issued and accepted by
the Supplier may survive expiration or termination of the Master Agreement.
Participating Agencies’ purchase orders may exceed the term of the Master
Agreement if the purchase order is issued prior to the expiration of the Master
Agreement. Supplier is responsible for reporting all sales and paying the applicable
Administrative Fee for sales that use the Master Agreement as the basis for the
purchase order, even though Master Agreement may have expired.
1.5 Objectives of Cooperative Program
This RFP is intended to achieve the following objectives regarding availability through
OMNIA Partners’ cooperative program:
A. Provide a comprehensive competitively solicited and awarded national agreement
offering the Products covered by this solicitation to Participating Public Agencies;
B. Establish the Master Agreement as the Supplier’s primary go to market strategy
to Public Agencies nationwide;
C. Achieve cost savings for Supplier and Public Agencies through a single solicitation
process that will reduce the Supplier’s need to respond to multiple solicitations
and Public Agencies need to conduct their own solicitation process;
D. Combine the aggregate purchasing volumes of Participating Public Agencies to
achieve cost effective pricing.
2.0 REPRESENTATIONS AND COVENANTS
As a condition to Supplier entering into the Master Agreement, which would be available
to all Public Agencies, Supplier must make certain representations, warranties and
covenants to both the Principal Procurement Agency and OMNIA Partners designed to
ensure the success of the Master Agreement for all Participating Public Agencies as
well as the Supplier.
2.1 Corporate Commitment
Supplier commits that (1) the Master Agreement has received all necessary corporate
authorizations and support of the Supplier’s executive management, (2) the Master
Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the
Master Agreement will be promoted to all Public Agencies, including any existing
customers, and Supplier will transition existing customers, upon their request, to the
Master Agreement, and (4) that the Supplier has read and agrees to the terms and
conditions of the Administration Agreement with OMNIA Partners and will execute
such agreement concurrent with and as a condition of its execution of the Master
Agreement with the Principal Procurement Agency. Supplier will identify an executive
corporate sponsor and a separate national account manager within the RFP response
that will be responsible for the overall management of the Master Agreement.
The Master Agreement is one of our primary “go to market” strategies for all Public
Agencies.
We have a 10 plus year relationship and executive relationship with the OMNIA team.
We work with the OMNIA teams on an almost daily basis, including state, higher
education and K-12.
We have weekly calls with the OMNIA supplier team to discuss strategies, market
positioning, and discuss how we grow the business together.
2.2 Pricing Commitment
Supplier commits the not-to-exceed pricing provided under the Master Agreement
pricing is its lowest available (net to buyer) to Public Agencies nationwide and further
commits that if a Participating Public Agency is eligible for lower pricing through a
national, state, regional or local or cooperative contract, the Supplier will match such
lower pricing to that Participating Public Agency under the Master Agreement.
The quoted pricing is a not to exceed price, but we fully recognize that as the order
size or quantity get larger, we may have to be increasingly competitive in the market.
We are offering pricing to Region 4, OMNIA, and Participating Public Agencies
(PPA’s) based on negotiated product costs offered by contracted manufacturers.
These cost supports are based on a number of factors including the volume of
purchases, and determined by the manufacturer; not the distributor. This offer
includes pricing offered exclusively for Region 4/ OMNIA.
Participating Public Agencies receive the benefit of the aggregate spend of OMNIA
Partners.
We will offer Region 4 and PPAs the same price as other customers utilizing similar
procurement methods and purchasing similar Volumes of product, with the same
manufacturer cost supports.
We monitor competitive pricing and product mix annually. We agree to negotiate in
good faith to lower any prices that are misaligned with the market. Misalignment with
the market is determined by feedback from contract participants, lost opportunities,
and/or other market intelligence as received or gathered from any source.
2.3 Sales Commitment
Supplier commits to aggressively market the Master Agreement as its go to market
strategy in this defined sector and that its sales force will be trained, engaged and
committed to offering the Master Agreement to Public Agencies through OMNIA
Partners nationwide. Supplier commits that all Master Agreement sales will be
accurately and timely reported to OMNIA Partners in accordance with the OMNIA
Partners Administration Agreement. Supplier also commits its sales force will be
compensated, including sales incentives, for sales to Public Agencies under the
Master Agreement in a consistent or better manner compared to sales to Public
Agencies if the Supplier were not awarded the Master Agreement.
We will compensate our sales forces under the compensation structure currently
employed to promote sales of our Public Sector contracts. We utilize the same
compensation structure to incent sales for all segments of our business.
3.0 SUPPLIER RESPONSE
Supplier must supply the following information in order for the Principal Procurement Agency
to determine Supplier’s qualifications to extend the resulting Master Agreement to
Participating Public Agencies through OMNIA Partners.
3.1 Company
A. Brief history and description of Supplier to include experience providing similar
products and services.
We were established in 1968 to provide products and related services to
corporate account customers on behalf of our distributors. We manage national
programs for corporate account customers across the U.S. We provide a broad
product selection, having built strategic alliances with the industry’s best in class
manufacturers..
We, focus mainly on five specific business segments: Commercial Real
Estate/Building Services, Healthcare, Foodservice, the Hospitality and Industrial
Packaging corporate accounts. Our strength is in these segments, utilizing our
programs and products in the following categories: Janitorial supplies - including
towel & tissue, can liners, hand soaps and sanitizers, chemicals, janitorial
housekeeping supplies, janitorial equipment sales and personal & safety
products; as well as food service disposables, industrial packaging, segment
and/or customer specific products, etc. We have also worked with several
government agencies which have expressed the desire and need for additional
security measures. Therefore, in select areas, Network is able to offer document
shredding as service. We suggest speaking with your local representative,
should this option be of interest. Our programs provide Flexibility, Accountability
and Expertise, as compared to one-size-fits-all models. can suggest a menu of
options and you select the programs you wish to utilize as we guide you through
the development of a customized distribution program.
B. Total number and location of sales persons employed by Supplier.
Our Corporate Account Directors are geographically located throughout the U.S.
The Corporate Account Director manages the relationship with your corporate
headquarters and their corporate counterpart. The Corporate Account Director is
responsible for communicating the program, expectations and requirements to
staff. Our distributor sales representatives are responsible for establishing
relationships with their local facilities, exploring what unique needs they may have,
establishing order guides and replenishment criteria, anticipated order/delivery
days, determining regularity of visits with the customer, if site specific training is
needed, etc.
CATEGORY DEVELOPMENT ANALYST – Manages all corporate contracted
products and manufacturer programs, Works with sales and customer corporate
contact to develop ideas for alternative product, process improvement and cost
reduction. Tracks and reports all cost reductions and increases through an impact
analysis. Quarterly updates on price list additions, deletions, and changes as
needed.
IMPLEMENTATION MANAGER AND COORDINATOR – Implements the Network
program with sites during the first 120 days of the program startup.
MANAGER OF IT – Manages ecommerce program startup for Network including
EDI program startup.
CORPORATE ACCOUNT SPECIALIST – Provides Customer Service for any
national requests or issues. Point of escalation (if ever needed) for local
service/support. Assists in managing Web Order guides and EDI site database
information.
INTEGRATED BILLING MANAGER - Responsible for program startup, on-going
receivables and linkages with your AP team.
C. Number and location of support centers (if applicable) and location of corporate
office.
Our Corporate Headquarters is located in Schaumburg, Illinois; housing over 175
people to manage various aspects of our national accounts. Corporate Account
Directors are geographically located throughout the U.S.
In addition to your dedicated Corporate Account Director, we will be assigning one
key individual to manage the PPA locations in their servicing area, as well as
interfacing corporate direction. You get national distribution with the advantages of
a locally supported program.
Please see Exhibit for a map of distribution centers.
D. Annual sales for the three previous fiscal years.
We are a private corporation that does not disclose financial statements or any
specific financial information to individuals or entities. As such, audited financial
statements have not been included in this proposal.
a. Submit FEIN and Dunn & Bradstreet report.
E. Describe any green or environmental initiatives or policies.
Nationally, we are is a member of the U.S. Green Building Council and actively
involved at the chapter level – as are many of our distributors. We have a LEED®
Accredited Professional on staff who monitors sustainability trends and is closely
aligned with our supplier community to stay abreast of their individual
sustainability initiatives. As a strong advocate for corporate and social
responsibility, we help our customers achieve their sustainability goals as well.
Many of the products we purchase and provide to our customers carry various
certifications. These vary by product and manufacturer selected. To help drive the
utilization and awareness of these products, certifications such as Green Seal,
etc. are clearly indicated and searchable within our on-line ordering system. We
offer a full line of environmentally-preferred products and a proprietary evaluation
program designed to assess a customer’s current situation and then align the
processes, products, suppliers and monitoring tools necessary to achieve the
customer’s sustainability, sanitation and wellness goals. Spend reporting of such
products is also provided at any time and is a standard report included in our
Business Reviews.
Our environmental focus is on local sourcing, local delivery fleets with dynamic
routing to reduce carbon emissions, local recycling and energy conservation
programs, e-business transactions, use of Energy Star appliances, water use
reduction, etc.
F. Describe any diversity programs or partners supplier does business with and how
Participating Agencies may use diverse partners through the Master Agreement.
Indicate how, if at all, pricing changes when using the diversity program. If there
are any diversity programs, provide a list of diversity alliances and a copy of their
certifications.
We have networks of diverse business partners within the local geographies that
are utilized to support the Master Agreement through sales, customer service and
other useful functions. While programs may vary, as do local needs, we are able
to provide diverse solutions for Region 4.
Nationally, we work through disadvantaged businesses on a regular basis. We will
reflect utilize our local communities and deploy supply chain solutions that reflect
the communities we do business in. Often times there is an up charge to include
another party. Pricing and capabilities are discussed well in advance and are
conducted with full transparency.
G. Indicate if supplier holds any of the below certifications in any classified areas and
include proof of such certification in the response:
We as a whole, do not qualify as a diverse supplier, however, many of our
partners are Woman Owned, Small Business, Minority Owned, or Veteran Owned
certified businesses. Customer location alignment is subject to assignment
policies and procedures which consider delivery areas, core competency, product
availability, manufacturer relationships, etc. Locations can be evaluated and
aligned with diverse distributors, whenever possible, upon request prior to location
assignments. This is a detailed process utilizing various internal tools which
consider freight free delivery areas, core competency, existing business, selected
manufacturer programs, ability to service multiple locations, etc. Details will be
provided once program needs are fully established. .
In addition, we are an equal opportunity employer committed to following the letter
and spirit of laws prohibiting discrimination in the workplace. It offers equal
opportunities in employment to qualified people without regard to race, color,
religion, national origin, ancestry, citizenship, age, sex, disability, or other legally
protected status as required by applicable law. We strive to recruit, develop, and
retain a multi-faceted workforce, comprised of a variety of backgrounds and
experience. This diversity in the workplace enriches our corporate cultures and
enhances the relationships with our business partners. Our corporate
Headquarters has a very diverse, non-discriminating workforce, where employees
are able to embrace our different backgrounds through company events and
celebrations.
a. Minority Women Business Enterprise
Yes No
If yes, list certifying agency: see certifications
b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise
(DBE)
Yes No
If yes, list certifying agency: see certifications
c. Historically Underutilized Business (HUB)
Yes X No
If yes, list certifying agency:
d. Historically Underutilized Business Zone Enterprise (HUBZone)
Yes X No
If yes, list certifying agency:
e. Other recognized diversity certificate holder
Yes No
If yes, list certifying agency: see certifications
H. List any relationships with subcontractors or affiliates intended to be used when
providing services and identify if subcontractors meet minority-owned standards. If
any, list which certifications subcontractors hold and certifying agency.
We as a whole, does not qualify as a diverse supplier, however, many of our
partners have networks of diverse businesses within their local geography that
are utilized to support the Master Agreement through sales, customer service and
other useful functions. While programs may vary, as do local needs, we are able
to provide diverse solutions and is open to individual discussion.
I. Describe how supplier differentiates itself from its competitors.
We are deeply partnered with suppliers and manufacturers. Our national scope
coupled with the power of local market expertise sets us apart as the best
distribution solution for public entities.
Additionally we have been working together with OMNIA sales teams for over 5
years, with Public Sector experience for over 15 years. Our dedicated sales team
work directly with OMNIA team peers including: Public Sector, Higher Education,
and State Government, with proven expertise resulting in OMNIA sales growth.
Nationally, we focus on three key areas:
Expertise
x Leading provider in the local marketplace
x Corporate Account programs
x Strength in both national and local markets
x Extensive category knowledge
x Ability to provide training
x Understand processes & best practices
x Assess and solve approach
x Spend analysis – maximize program incentives while driving out costs
Connectivity & Depth
x Build a national brand and value proposition
x Corporate contacts exposed to local distribution
x Local distribution strongly linked to regional contacts
x Sustainability – order fulfillment close to end user
x owned and operated fleet, readily available
Flexibility
x Accommodate local needs, not cookie cutter programs. We use our own
vehicles and are part of your local communities.
x Willing and able to customize products and procedures
x Service levels to fit end user needs – there, in person, when you need us
x Customized order cycles through inventory control
x In market inventory
J. Describe any present or past litigation, bankruptcy or reorganization involving
supplier.
We are not currently, nor have we ever been, involved in litigation, bankruptcy, or
reorganization proceedings.
K. Felony Conviction Notice: Indicate if the supplier
a. is a publicly held corporation and this reporting requirement is not
applicable;
b. is not owned or operated by anyone who has been convicted of a felony;
or
c. is owned or operated by and individual(s) who has been convicted of a
felony and provide the names and convictions.
We are not owned or operated by anyone who has been convicted of a felony.
L. Describe any debarment or suspension actions taken against supplier
We have never been debarred or suspended.
3.2 Distribution, Logistics
A. Each offeror awarded an item under this solicitation may offer their complete
product and service offering/a balance of line. Describe the full line of products
and services offered by supplier.
Products and Supplies
We offer a comprehensive line of products for cleaning, maintenance, and safety
for all types of environments encountered in public sector facilities. Nationally, we
carry the largest national brands. There are over one hundred Preferred
Suppliers. Hundreds of additional suppliers are available locally, as well as
access to proprietary private label products.
Our price proposal contains a core list of approximately 1,500 items, which are a
representation of the full offering. Our entire catalog of over 10,000 items is
available to Region 4 and users of this contract.
Paper, chemicals, liners, equipment and dispensers, hand soaps and sanitizers,
supplies, and gloves are covered within the Region 4 catalog. By offering a large
variety of product and system solutions, we provide our customers the benefit of
having the necessary product choices to outfit their buildings and facilities as they
see fit.
We will conduct site visits with our experienced selling organization to provide a
customized supply chain solution for end users. The breadth and depth of our
team allows us to be consultative sellers while tapping our experiences for best
results. During these business reviews we will make recommendations for cost
savings and process improvement. Our team will be responsible for implementing
those changes after executive commitment is secured.
We, as an organization, focuses mainly on specific business segments:
Commercial Real Estate/Building Services, Public Sector, Healthcare,
Foodservice, Hospitality, Grocery, Industrial Packaging, and Commercial Print
corporate accounts. We have the ability to provide order fulfillment for all products
and categories listed within this RFP. Our strength is in these segments, utilizing
our programs and products in the following categories, including but not limited to:
x Paper products including, paper towels, bath tissues, facial tissues, seat
covers, wipers, and related dispensers.
x Trash collection including, can liners, waste receptacles, and bulk waste
collection units.
x Hand care including hand soaps, sanitizers, lotions, moisturizers, and
related dispensers.
x Janitorial cleaning aids and tools including mops, buckets, brooms,
dusters, microfiber cloths and tools, janitor carts, floor and hand pads,
bottles and sprayers, window and floor cleaning tools, restroom brushes
and bowl mops.
x Cleaning chemicals and related dispensing equipment for all standard and
green certified products. Sub-categories include hard floor care cleaners,
strippers, sealers, finishes, etc. for a variety of surfaces including wood,
stone, concrete, etc.
x Carpet care includes spotters, pre-sprays, cleaners, shampoos,
extractions, and defoamers, etc. as well as carpet and upholstery soil/spill
protection.
x Also included are items such as air-care, specialty cleaners such as drain
and dumpster maintenance, fluid retention, liquid deodorizers, cleaners
and disinfectants specific to kitchen/food preparation areas, etc.
x Kitchen and Laundry care products.
x Entrance (interior and exterior) and work station floor mats.
x Personal apparel and safety items including a wide variety of gloves, both
disposable and reusable, disposable booties, hairnets and bonnets,
disposable coats and overalls, protective eye wear, ear plugs, face masks
and respirators, hearing protection, spill kits, etc.
x Janitorial equipment and accessories including floor machines, vacuums,
scrubbers, burnishers, shop and backpack vacs, blowers, etc.
x Additional items, including copy papers, break room and kitchen
disposables (cups, plates, straws, napkins, etc.), small housewares, and
kitchen appliances.
B. Describe how supplier proposes to distribute the products/service nationwide.
Include any states where products and services will not be offered under the
Master Agreement, including U.S. Territories and Outlying Areas.
We buy directly from manufacturers for our corporate accounts, allowing us to
provide timely delivery to customers across our footprint.
We are able to offer freight free delivery to 98% of the continental US. All areas
qualify to receive fulfillment of orders, however, depending on exact ship-to
location, which are unknown at this time, remote locations could be charged
freight for order deliveries. Any such locations would be disclosed and mutually
agreed upon prior to any order shipments.
Our orders are shipped on company owned delivery vehicles, and operated by our
personnel as part of a scheduled delivery route. We feel this is an extension of our
commitment to providing the best possible customer service, throughout the entire
process. In the event that is not feasible, the following modes of delivery are
available: Fed-Ex, UPS, USPS, LTL delivery carrier, special delivery courier, and
customer pick-up (with prior notification).
Pricing is firm for locations all locations inside (Conus) continental U.S. Non-
Conus sites may be subject to a premium for freight and any tariffs or additional
fees. Any items or shipments considered oversized that may require additional
handling or freight may incur additional charges.
We service the following geographic areas:
x U.S. - All 50 states, plus Puerto Rico
x Mexico – All states within Mexico
x Canada – All provinces within Canada
x Caribbean Countries – Select countries within the Caribbean
*Areas outside the CONUS may incur additional charges, depending on order
dynamics and location.
C. Describe how Participating Agencies are ensured they will receive the Master
Agreement pricing; include all distribution channels such as direct ordering, retail
or in-store locations, through distributors, etc. Describe how Participating
Agencies verify and audit pricing to ensure its compliance with the Master
Agreement.
We have an internal audit process which will periodically spot check random
locations and products for accuracy.
We partner with our Customers to define compliance requirements and clearly
communicate expectations, Distributors, and our customer’s organizations.
We have a dedicated Compliance team that takes a proactive approach to
monitoring performance, implementing corrective actions, and identifying
continuous improvement.
D. Identify all other companies that will be involved in processing, handling or
shipping the products/service to the end user.
All current and future locations pursuant to this contract will be serviced directly.
We do not utilize or subcontract sales services and order processing of customer
needs to outside sources. One or more of our 500 distribution centers would be
aligned with future locations. Once sites are identified, Network will assign
individual locations to a Network distributor to begin the implementation process
outlined within this RFP. The same multi-layered sales approach and activities
would be replicated at each location.
E. Provide the number, size and location of Supplier’s distribution facilities,
warehouses and retail network as applicable.
We total over 1000 individual distribution centers with 46+ million warehouse
square feet.
See attached:
x map of location, Exhibit
At many of these distribution sites, local will call capability is available to meet
same day needs when required by agencies.
3.3 Marketing and Sales
A. Provide a detailed ninety-day plan beginning from award date of the Master
Agreement describing the strategy to immediately implement the Master
Agreement as supplier’s primary go to market strategy for Public Agencies to
supplier’s teams nationwide, to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as the
public sector go-to-market strategy within first 10 days
ii. Training and education of Supplier’s national sales force with participation
from the Supplier’s executive leadership, along with the OMNIA Partners
team within first 90 days
As noted, the Master Agreement will be one of our primary go to market
strategies. Our sales teams have been working together with OMNIA for over ten
years and our dedicated sales team work directly with OMNIA team peers
including: Public Sector, K-12 Education, Higher Education, and State
Government. Together the teams focus on end user calls, strategy planning, and
additional training.
This existing relationship will allow us to hit the road running and reduce ramp up
time.
x Daily engagement between sellers and Omnia team
x Targeting activities are ongoing throughout the year
x Developed training module for distribution sellers, supplier partners and OMNIA
team
x Multiple marketing campaigns throughout the year with suppliers to targeted
agencies
x Participate in OMNIA regional trade shows as well as national events
x Conduct business reviews with OMNIA and suppliers resulting in targeted sales
activities and specific marketing campaigns
x “C” level engagement ongoing
x Share best practices with other contract holders
Detailed monthly reporting shared with OMNIA team as needed
B. Provide a detailed ninety-day plan beginning from award date of the Master
Agreement describing the strategy to market the Master Agreement to current
Participating Public Agencies, existing Public Agency customers of Supplier, as
well as to prospective Public Agencies nationwide immediately upon award, to
include, but not limited to:
i. Creation and distribution of a co-branded press release to trade
publications
ii. Announcement, Master Agreement details and contact information
published on the Supplier’s website within first 90 days
iii. Design, publication and distribution of co-branded marketing materials
within first 90 days
iv. Commitment to attendance and participation with OMNIA Partners at
national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e.
Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.)
and supplier-specific trade shows, conferences and meetings throughout
the term of the Master Agreement
v. Commitment to attend, exhibit and participate at the NIGP Annual Forum
in an area reserved by OMNIA Partners for partner suppliers. Booth space
will be purchased and staffed by Supplier. In addition, Supplier commits to
provide reasonable assistance to the overall promotion and marketing
efforts for the NIGP Annual Forum, as directed by OMNIA Partners.
vi. Design and publication of national and regional advertising in trade
publications throughout the term of the Master Agreement
vii. Ongoing marketing and promotion of the Master Agreement throughout its
term (case studies, collateral pieces, presentations, promotions, etc.)
viii. Dedicated OMNIA Partners internet web-based homepage on Supplier’s
website with:
x OMNIA Partners standard logo;
x Copy of original Request for Proposal;
x Copy of Master Agreement and amendments between Principal
Procurement Agency and Supplier;
x Summary of Products and pricing;
x Marketing Materials
x Electronic link to OMNIA Partners’ website including the online
registration page;
x A dedicated toll-free number and email address for OMNIA
Partners
As a dedicated partner of OMNIA and Region 4, we will market the master
agreement to all existing and participating agencies upon reward, including each
of the noted items within the first 90 days.
C. Describe how Supplier will transition any existing Public Agency customers’
accounts to the Master Agreement available nationally through OMNIA Partners.
Include a list of current cooperative contracts (regional and national) Supplier
holds and describe how the Master Agreement will be positioned among the other
cooperative agreements.
For Region 4, if it is in the Public Agency customer’s best interest both from a
service and value standpoint to transition them to the Master Agreement available
through OMNIA Partners, we are able to draw upon significant experience
marketing and transitioning accounts of similar size and scope.
Our DSRs work alongside OMNIA sales resources and will collaborate based on
the individual needs of a site location to develop the best strategy going forward to
meet the local needs. Our goal is to provide long term value to the agency based
on optimizing the benefits of the agreement.
D. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and
agrees to provide permission for reproduction of such logo in marketing
communications and promotions. Acknowledge that use of OMNIA Partners logo
will require permission for reproduction, as well.
For the national breadth of the contract we agree to provide its logo for
reproduction but requests review by their marketing department prior to use.
E. Confirm Supplier will be proactive in direct sales of Supplier’s goods and services
to Public Agencies nationwide and the timely follow up to leads established by
OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a
minimum, the Supplier’s sales initiatives should communicate:
i. Master Agreement was competitively solicited and publicly awarded by a
Principal Procurement Agency
ii. Best government pricing
iii. No cost to participate
iv. Non-exclusive
We understand, acknowledge, and agree to comply with all aspects of section
3.3 E.
F. Confirm Supplier will train its national sales force on the Master Agreement. At a
minimum, sales training should include:
i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
iii. Awareness of the range of Public Agencies that can utilize the Master
Agreement through OMNIA Partners
iv. Knowledge of benefits of the use of cooperative contracts
OMNIA understand, acknowledge, and agree to comply with all aspects of
section 3.3 F.
Examples of sales training include:
x developed a training methodology
x train on the specifics of our supply agreement and how to position it in the
market place.
x The trainers take the participants through an interactive session where we
share best practices and supply agreement content.
x These training sessions usually have 20+ attendees and are conducted at
various locations within the US.
x As the contract matures and new candidates are ready to be trained we
develop additional modules to reflect the skill level of the sellers.
G. Provide the name, title, email and phone number for the person(s), who will be
responsible for:
i. Executive Support
ii. Marketing
iii. Sales
iv. Sales Support
v. Financial Reporting
vi. Accounts Payable
vii. Contracts
H. Describe in detail how Supplier’s national sales force is structured, including
contact information for the highest-level executive in charge of the sales team.
For Region 4, the account management team consists of one or more sales
consultants at each location. Each sales consultant is backed by a dedicated
sales manager who maintains relationships and visits the location regularly.
These in turn may be backed by a Regional Sales Manager, and all are backed by
a General Manager for their local branch.
Nationally, a dedicated Account Manager will be aligned to each future location,
across the U.S. Each sales professional is a subject matter expert, focused on
providing solutions to issues that impact your locations. Providing best-in-class
support and service, our sales professionals collaborate at the local level to
understand the unique requirements and needs of locations. Contact information
is finalized as locations are engaged.
I. Explain in detail how the sales teams will work with the OMNIA Partners team to
implement, grow and service the national program.
We have a history of working with OMNIA sellers to drive sales. Our dedicated
Public Sector sales team, work directly with OMNIA team peers including: Public
Sector, Higher Education, and State Government. Working with the OMNIA
partners to come up with joint targets and facilitating recurring training with Inside
Sales are a few of the current partnerships.
Sellers are trained to align our sales reps to an OMNIA seller and the team then
identifies targets to pursue in their local markets. This practice of targeting
opportunities in the local market place provides direction to the sellers to pursue
relevant opportunities with significant upside.
We coordinate our targeting activities with supplier partners who assist in
developing co-branded marketing pieces. All sellers are held responsible to report
back results against their target list. Marketing campaigns are held at various
times over the course of the year to reflect market opportunities for specific
products. As an example, we would run a marketing campaign for hand sanitizer
during the cold and flu season.
With our sales reps and OMNIA’s sales resources we have excellent coverage
throughout the continental U.S.
I. Explain in detail how Supplier will manage the overall national program throughout
the term of the Master Agreement, including ongoing coordination of marketing
and sales efforts, timely new Participating Public Agency account set-up, timely
contract administration, etc.
As in our existing OMNIA relationship, there are touch points at all levels and daily
engagement. Our sales teams meet for purposes of targeting, joint calls, and
sharing of local information. Sales leadership for both organizations speak almost
daily to address selling efforts and plan strategies. Marketing teams are
developing initiatives to drive sales. Training is ongoing beyond the initial phase
of contract details, there are constant updates to make sure our teams are
informed and up to date.
J. State the amount of Supplier’s Public Agency sales for the previous fiscal year.
Provide a list of Supplier’s top 10 Public Agency customers, the total purchases
for each for the previous fiscal year along with a key contact for each.
We service public sector customer locations in more than 40 states. Key sectors
serviced include Primary and Secondary Education, Government Agencies, Non-
Profit and Charitable Organizations, State and Local Government Agencies, and
Healthcare. Our public agency sales includes the categories within this RFP;
including but not limited to Towel & Tissue, Chemicals, Skin Care, Can Liners,
Janitorial Supplies, and Apparel/Safety/Gloves. Additional categories include
Foodservice Disposables, Industrial Packaging, Printing Papers, and
Miscellaneous products.
As a privately held company, we do not disclose specific sales information, and
protect the privacy of our customers.
K. Describe Supplier’s information systems capabilities and limitations regarding
order management through receipt of payment, including description of multiple
platforms that may be used for any of these functions.
We would need to fully understand the exact needs and expectations of future
locations to define the appropriate ordering options. Below are some examples.
Ordering options include:
x web ordering system
x EDI
x Phone
x local ordering system
x Fax/e-mail
x Integration with other platforms
Our web-based order entry system is a user friendly procurement tool ensuring a
simple, intuitive ordering process and customized reporting. This is supported by a
long list of capabilities that focus on controlling costs.
x Customer specific catalogs
x Budgeting and order approval options
x Sophisticated reporting capabilities
x Simple search capabilities
x Quality product images and item detail
x Personalized favorite lists
x Optimized for mobile devices
Some of our e-commerce offerings include:
ELECTRONIC CONSOLIDATED INVOICING
x Multiple sorting options, e.g., by location, by invoice #
x Invoices transferred via the Internet or FTP
x Consolidate into standard electronic file, e.g., delimited ASCII flat file such
as .csv or .xls
x Custom ASCII flat file format or XML file format available
x Insertion of customer G/L codes, department or location numbers available
x Transfer via magnetic tape, disk or CD available
EDI AND OTHER ELECTRONIC INVOICING
x EDI through Value Added (VAN) or FTP
x Standard EDI 810 invoice
x Customized EDI 810 invoice available
x Invoice in standard ASCII flat file format
x Transfer via Internet or FTP
x XML file format or Custom ASCII flat file format available
PAYMENT METHODS
x Electronic funds transfer (EFT)
x Automated clearing house (ACH)
x EDI 820 remittance
x Other electronic formats
L. Provide the Contract Sales (as defined in Section 10 of the OMNIA Partners
Administration Agreement) that Supplier will guarantee each year under the
Master Agreement for the initial three years of the Master Agreement
(“Guaranteed Contract Sales”).
$0.00 in year one
$0.00 in year two
$0.00 in year three
To the extent Supplier guarantees minimum Contract Sales, the
Administrative Fee shall be calculated based on the greater of the actual
Contract Sales and the Guaranteed Contract Sales.
Not knowing if this is a multi-supplier award or a sole source award, it is difficult to
determine what customers will purchase.
M. Even though it is anticipated many Public Agencies will be able to utilize the
Master Agreement without further formal solicitation, there may be circumstances
where Public Agencies will issue their own solicitations. The following options are
available when responding to a solicitation for Products covered under the Master
Agreement.
Version April 1, 2021
i. Respond with Master Agreement pricing (Contract Sales
reported to OMNIA Partners).
ii. If competitive conditions require pricing lower than the standard
Master Agreement not-to-exceed pricing, Supplier may respond
with lower pricing through the Master Agreement. If Supplier is
awarded the contract, the sales are reported as Contract Sales
to OMNIA Partners under the Master Agreement.
iii. Respond with pricing higher than Master Agreement only in the
unlikely event that the Public Agency refuses to utilize Master
Agreement (Contract Sales are not reported to OMNIA
Partners).
iv. If alternative or multiple proposals are permitted, respond with
pricing higher than Master Agreement, and include Master
Agreement as the alternate or additional proposal.
Detail Supplier’s strategies under these options when responding to a
solicitation.
On a case by case basis we will evaluate the market and deploy the best pricing
strategy that we feel will win the business given the specifics outlined in the
RFP process.
1
Locations
IV. EVALUATION PROCESS AND CRITERIA
b)PERFORMANCE CAPABILITY
Note: These topics are additionally covered in extended detail within Appendix D, Exhibit A, and
OMNIA Partners Response for National Cooperative Contract
b) Performance Capability
i. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National
Cooperative Contract. Responses should highlight experience, demonstrate a strong national
presence, describe how Offeror will educate its national sales force about the Contract, describe
how products and services will be distributed nationwide, include a plan for marketing the
products and services nationwide, and describe how volume will be tracked and reported to
OMNIA Partners.
Exhibit A complete.
Sales volume is tracked and reported to OMNIA during Annual Business Reviews.
Sales reports are available upon request.
ii. The successful Offeror will be required to sign Appendix D, Exhibit B, OMNIA Partners
Administration Agreement prior to Contract award. Offerors should have any reviews required to
sign the document prior to submitting a response. Offeror’s response should include any
proposed exceptions to OMNIA Partners Administration Agreement on Appendix B, Terms and
Conditions Acceptance Form.
iii. Include completed Appendix D, Exhibits F. Federal Funds Certifications and G. New Jersey
Business Compliance.
Attached.
iv. Describe and provide proof of an extensive distribution system.
We are a global B2B distribution organization supported by the power of local expertise.
We have the ability to deliver to 95% of the US population freight free. We service all 50 states,
North America, and select countries in the Caribbean. See Exhibit Map of Locations
v. Describe any quality assurance, quality control, or improvement processes and programs as
it relates to the green/sustainable products as well as other products and services being
provided by Offeror.
As a distributor, we do not manufacture products, therefore our environmental focus is order
fulfillment from our warehouses aligned to your facilities, local delivery fleets with dynamic
routing systems which facilitate the reduction of carbon emissions, local recycling and energy
conservation programs, e-business transactions, use of Energy Star appliances, water use
reduction, etc.
We partner with manufacturers who have environmentally preferred facilities, support
responsible human resource practices, and produce quality products which are recyclable,
compostable and sustainable.
RFP Solicitation number 21-13
Cleaning Supplies, Breakroom and Related Products
vi. Describe how Offeror responds to emergency orders.
In the event of a disaster that renders a distribution center unable to meet a location’s required
level of service, we will shift orders to the nearest DC. With regard to IT system infrastructure,
our primary Data Center is linked to a Disaster Recovery Site (DRS).
vii. What is Offeror’s average Fill Rate?
The corporate account fill rate on core items.
viii. What is Offeror’s average on time delivery rate? Describe Offeror’s history of meeting the
shipping and delivery timelines.
Historic delivery performance is in excess of 98% on the promised delivery day. Location
delivery and on-time metrics are available upon request.
For any special order requests, delivery time is determined by manufactuer based on production
and manufacturing schedlues.
ix. Describe Offeror’s return and restocking policy.
Items returned due to customer error will be charged a restocking fee; however, if the result of
distributor error, the restocking fee will be waived. All returned products must be in the original
container, in resalable condition and usable prior to expiration date of the product, and made
within 90 days of delivery date.
x. Describe Offeror’s ability to meet service and warranty needs.
Product warranty needs will be directed to the product manufacturer.
xi. Describe Offeror’s customer service/problem resolution process. Include hours of operation,
number of services, etc.
A dedicated Customer Service Representative is responsible for providing internal sales support
to corporate account customers. They act as a key communicator in the identification and
prompt resolution of any account issues through coordination between us, our servicing
distributors, suppliers and Region 4 personnel.
The Customer Service structure is also multi-layered. Corporate and local phone support is
available Monday through Friday, 7:00 a.m. to 6:00 p.m. in each respective time zone.
Corporate Headquarters provides a dedicated Corporate Account Specialist and back-up to help
resolve issues or respond to program inquiries. In addition, our distributors will work with
locations to provide local telephone numbers, emergency numbers and after hour contacts to
insure the ultimate service levels to Region 4.
On the rare occasion that service expectations are not being met, we have a multi-step, internal
resolution process which addresses the issue. The process outlines corrective action and
penalties if the issue is not resolved. When the service issue cannot be remedied; location
reassignment is enforced.
xii. Describe Offeror’s invoicing process. Include payment terms and acceptable methods of
payments. Offerors shall describe any associated fees pertaining to credit cards/p-cards.
Payment terms are Net 30 days from invoice date.
Various invoicing methods are available depending on Region 4 needs. These include
electronic consolidated invoicing and EDI or other electronic invoicing. Payment may be
submitted via electronic funds transfer (EFT), bank check, automated clearing house (ACH),
EDI 820 remittance, or other electronic formats. Credit cards may be submitted at time of
purchase and will be subject to an additioanl handling fee.
xiii. Describe Offeror’s contract implementation/customer transition plan.
See description.
xiv. Describe the financial condition of Offeror.
As a private corporation; we do not disclose financial statements or specific financial information
to individuals or entities.
We have no bankruptcies or financial hardships to disclose.
xv. Provide a website link in order to review website ease of use, availability, and capabilities
related to ordering, returns and reporting. Describe the website’s capabilities and functionality.
Schedule a demonstration with our ecommerce team or visit our website for an introduction to our e-
Commerce site.
xvi. Describe the Offeror’s safety record.
There are no safety concerns to report .
xvii. Provide any additional information relevant to this section.
We are available to answer any additional questions about our Performance Capabilities.
IV. EVALUATION PROCESS AND CRITERIA
c) Qualification and Experience
Note: These topics are additionally covered in extended detail within Appendix D, Exhibit A, and
OMNIA Partners Response for National Cooperative Contract
c) Qualification and Experience
i. Provide a brief history of the Offeror, including year it was established and corporate office
location.
We were established in 1968. A handful of distribution companies created a collaborative
partnership which would allow them to expand their ability to provide products and related
services to large regional customers. Our Corporate Account Directors are geographically
located throughout the U.S. You get national distribution with the advantages of a locally
supported program.
ii. Describe Offeror’s reputation in the marketplace.
As the premier distributor within our markets, we have a solid reputation among customers and
manufacturers. Our average corporate account has been serviced for over 15 years.
We provide a broad product selection, having built alliances with the industry’s best in class
manufacturers.
iii. Describe Offeror’s reputation of products and services in the marketplace.
We partner with the top manufacturers in the industry priding ourselves on long term
relationships and communication. We have built a highly regarded reputation as a resource for
innovation. Our familiarity with end user issues and expertise in the cleaning arena affords us
much knowledge. There are over 100 manufacturer partners.
iv. Describe the experience and qualification of key employees.
We have over 35 years of experience in the sanitary supply and wholesale distribution industry.
We look to our team for direction and insights as we continue to grow and invest in the Public
Sector.
v. Describe Offeror’s experience working with the government sector.
We have been a dominant player in the public sector, and have an ongoing partnership with
OMNIA. We are a true expert in the market, recognizing the value of working with a variety of
lead agencies.
vi. Describe past litigation, bankruptcy, reorganization, state investigations of entity or current
officers and directors.
We are not currently, nor have we ever been, involved in litigation, bankruptcy, or
reorganization proceedings.
vii. Provide a minimum of 10 customer references relating to the products and services within
this RFP. Include entity name, contact name and title, contact phone and email, city, state,
years serviced, description of services and annual volume.
RFP Solicitation number 21-13
Cleaning Supplies, Breakroom and Related Products
In order to maintain customer privacy, we are unable to provide extensive list of contacts or
sales details.
We are glad to discuss directly if you require more information.
viii. Provide any additional information relevant to this section.
We are available to provide any additional information regarding our Qualification and
Experience.
IV. EVALUATION PROCESS AND CRITERIA
d)VALUE ADD
Note: These topics may be additionally covered within Appendix D, Exhibit A, and OMNIA
Partners Response for National Cooperative Contract.
i. As indicated in the Scope of Work, describe how the following categories, if any, are
included in the contract:
x Ecommerce
Our ecommerce solution was built with our customers in mind. An easy to navigate system
simplifies the buying process, whether you have one location or one thousand, and allows a
seamless path to procurement. User-friendly and dynamic, including mobile access, the
platform allows your team to quickly search, browse, and order products. You can easily
review shipping, order details, and payment options before placing orders. Par Ordering and
Par On-Hand functionality enhances the ability to proactively manage inventory levels and
improve productivity.
This is central point of connectivity and information for your business. As the primary access
point to place orders, you will have access to reporting, customer support, and other tools to
manage the buying process. Information on topics relevant to your business can also be
found here. This will be your knowledge source, including articles, information, and trends
relevant to your industry.
x Consulting Services
We have an on-site consulting program designed to ensure a clean, healthy environment.
The three-step process includes interviews with key staff, a site assessment that addresses
operational issues; such as appropriate chemical use and cleaning procedures, a
quantifiable measure of clean, etc., and a summary of key findings. Beyond reviewing the
current situation, we engage staff in a discussion to explore the findings and develop a joint
action plan toward continuous improvement. The result is an increased awareness of proper
cleaning, hand hygiene, and collaboration in creating a cleaner, healthier environment of
care. We have been awarded the Seal of Review and Recognition from the Association for
the Healthcare Environment (AHE) demonstrating that protocols and recommendations of
the program achieve the standards of cleaning as outlined by the industry’s premier
association.
x Training & Education
Product Selection and Use Training-
We are dedicated to improving operational efficiency by introducing products and ensuring
proper use. All representatives are trained on core product categories and can provide local
support to users. Training is provided for key products which are regularly purchased.
We provide training programs on product use, cleaning techniques, recommended product
application, proper use of equipment, and are available to assist in any challenging issues
that may arise. Training of product use for items provided to Region 4 is available, as
required and requested.
We are dedicated to improving efficiencies by introducing new products and ensuring proper
use. Sales professionals share these solutions and proactively support a process of
continuous improvement, where appropriate.
• Equipment training either on-site or at our distributor operated full service repair facilities,
where available and as allowed.
• Local site inspection visits to ensure that products are performing to expectation.
• Product suggestions that may offer new technology or cost and labor efficiencies.
We also provide, as needed, product use and application training for specific tasks, such as:
• Hard Floor Care
• Carpet Care
• Restroom Care
• Maintenance of Public Areas
• Cleaning and Disinfecting Products and Procedures
• Green Awareness
Corporate account personnel trains the sales team how to properly navigate and deploy the
OMNIA Master agreement to the market. We have a dedicated team that specializes in
Public Sector, whether it be market trends, needs of public procurement, segment expertise,
and more. We bring this unique value by have these experts available to support and prepare
the sales team to serve Region 4 locations.
The University, a proprietary web-based training program, was designed to improve staff
knowledge and performance while reducing operational costs. We deliver timely, relevant
information on the key issues related to environmental services professionals through
convenient webinar sessions that are available live and at each individual’s convenience.
In addition, we frequently host open house showcases including educational sessions,
product introductions and relevant available seminars at their local warehouses.
x Software Punch Out
We have the ability to provide punch-out catalogs to integrate with most systems. We
suggest a conversation with our IT staff to determine all possible options.
Our ecommerce system designed to provide a simple, intuitive ordering process. Marketplace
is supported by a long list of capabilities that focus on controlling costs.
• Easy punch-out integration
• Inventory management with par levels for on-hand and ordering functions
• 24/7 access – internet, tablets, phone, and laptops
x Green/Sustainability Program (include details such as: policies, products,
distribution, and certifications)
We are committed to a proactive approach in balancing today’s economic realities with the
responsibility of implementing sustainable business processes. We continually work to
reduce our own ecological footprint as an organization; including the use of local fleets with
systematic routing for reduced carbon emissions, local sourcing, recycling and energy
conservation programs, e-business transactions, and the use of EnergyStar appliances.
We are a member of the U.S. Green Building Council and actively involved at the chapter
level, as are many of our distributors. We have a LEED ® Accredited Professional on staff
who monitors sustainability trends and is closely aligned with our supplier community to
stay abreast of their individual initiatives. As a strong advocate for corporate and social
responsibility, we offer a full line of environmentally-preferred products and a proprietary
evaluation program, designed to assess a customer’s current situation and then align the
processes, products, suppliers and monitoring tools necessary to achieve sustainability,
sanitation and wellness goals.
The promotion and availability of green products is based upon your level of interest,
recycling and composting dedication, financial investment, and need. We suggest this be
discussed in detail at the appropriate time.
Many of the products we purchase and provide to our customers carry various
certifications. These vary by product and manufacturer selected. To help drive the
utilization and awareness of these products, certifications such as Green Seal, etc. are
clearly indicated and searchable within our on-line ordering system. We offer a full line of
environmentally-preferred products and a proprietary evaluation program. Spend reporting
of such products is also provided at any time and is a standard report included in our
Business Reviews.
Green qualifications may require suggested application procedures, as well as product
certifications. We will assist your locations with training of the proper cleaning methods and
product use, as well as product selections that best meet your maintenance, environmental
and efficacy needs.
x Repair Services
Maintenance and Service Programs - We can provide janitorial equipment and accessories
including floor machines, vacuums, scrubbers, burnishing equipment, shop and backpack
vacuums, blowers, etc. Equipment sales and related repairs, including replacement parts,
loaners, equipment pick-up and delivery, and other related services are available and priced
as needed, based upon equipment, manufacturer, and services required. Most repairs and
services are provided in house.
x Customer Support Services
Sku Rationalization - We will work with your procurement staff towards product consolidation
and SKU standardization of your core product list. Field representatives will work with sites
to assess the needs of individual locations. While the main focus is to establish an overall
product bundle to be utilized by all locations, the specific needs of facilities are addressed as
well. We will provide Region 4 with suggested products for addition to manufacturer
contracts managed by Customer; thereby reinforcing purchasing leverage and update the
product bundle to reflect any agreed upon changes. Through joint efforts of your
procurement staff, manufacturers and local representatives, we drive program compliance
down to the local level.
x Sourcing
Connecting with the right suppliers is crucial. Strategic supply management finds the
perfect balance between improving product quality and service while reducing the total
cost. We are well positioned in times of shortages or short supply.
Additionally manufacturer relationships and sourcing expertise provide deep insight into
the supply chain. Our category experts understand supply, logistical challenges, raw
material constraints, pricing, industry response and future outlook.
Creating a seamless supply chain starts with finding products and the best sources to
purchase from, whether from the top manufacturers or private labeled products. We
employ our own team of dedicated personnel to negotiate and manage offshore purchases
and overall quality.
Our internal affiliate directly works with global sources to provide alternate and private
label products. This was a great resource during to continue to serving our customers
throughout the Covid-19 crisis. We help you to establish a consistent supply chain by
starting with the right source.
EXHIBIT F
FEDERAL FUNDS CERTIFICATIONS
FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
TO WHOMIT MAY CONCERN:
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be
completed and returned.
DEFINITIONS
Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project
or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non–Federal
entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward
Contractor means an entity that receives a contract as defined in Contract.
Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through
entity and a non–Federal entity that, consistent with 31 U.S.C. 6302–6305:
(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal
awarding agency or pass-through entity to the non–Federal entity to carry out a public purpose authorized by a law of the
United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through
entity's direct benefit or use;
(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or
pass-through entity and the non–Federal entity in carrying out the activity contemplated by the Federal award.
(c) The term does not include:
(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or
(2) An agreement that provides only:
(i) Direct United States Government cash assistance to an individual;
(ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) Insurance.
Federal awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity
Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a)(1) The Federal financial assistance that a non–Federal entity receives directly from a Federal awarding agency or
indirectly from a pass-through entity, as described in § 200.101 Applicability; or
(2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non–Federal entity
receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in §
200.101 Applicability.
(b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement,
other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost-
reimbursement contract awarded under the Federal Acquisition Regulations.
(c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor
or a contract to operate Federal government owned, contractor operated facilities (GOCOs).
(d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.
Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization
that carries out a Federal award as a recipient or subrecipient.
Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;
(b) Is not organized primarily for profit; and
(c) Uses net proceeds to maintain, improve, or expand the operations of the organization.
Version April 1, 2021
Obligations means, when used in connection with a non–Federal entity's utilization of funds under a Federal award, orders
placed for property and services, contracts and subawards made, and similar transactions during a given period that require
payment by the non–Federal entity during the same or a future period.
Pass-through entity means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal
program.
Recipient means a non–Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an
activity under a Federal program. The term recipient does not include subrecipients.
Simplified acquisition threshold means the dollar amount below which a non–Federal entity may purchase property or
services using small purchase methods. Non–Federal entities adopt small purchase procedures in order to expedite the
purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal
Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this
part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition
of § 200.67 Micro-purchase.)
Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal
award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement
that the pass-through entity considers a contract.
Subrecipient means a non–Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal
program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other
Federal awards directly from a Federal awarding agency.
Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of
performance.
The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any
purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases,
awarded by the Participating Agency and the Participating Agency’s subcontractorsshall contain the procurement provisions of
AppendixII to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplifiedacquisitionthreshold currentlyset at $250,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances
where contractorsviolate or breach contractterms, and providefor such sanctionsand penalties as appropriate.
Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all
rights and privileges under the applicablelaws andregulationswith respectto this procurementin the event of breachof contract
by either party.
Doesofferor agree? YES Initialsof AuthorizedRepresentativeof offeror
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement.(All contractsin excess of $10,000)
Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the
right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a
breach or default of the agreement by Offeror as detailed in the terms of the contract.
Doesofferor agree? YES Initials of AuthorizedRepresentativeof offeror
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the
definitionof “federally assisted constructioncontract”in 41 CFR Part 60-1.3 must include the equal opportunityclause
provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30
CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of
Federal ContractCompliancePrograms,Equal EmploymentOpportunity,Departmentof Labor.”
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction
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contract, the equal opportunity clause is incorporated by referenceherein.
Doesofferor agree to abide by the above? YES Initials of AuthorizedRepresentativeof offeror
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance
with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations
(29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a
copy of the current prevailing wage determinationissued by the Departmentof Labor in each solicitation.The decision
to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non
- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must
also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or
subrecipientmust be prohibited from inducing,by any means,any person employed in the construction, completion,or
repair of public work, to give up any part of the compensationto which he or she is otherwiseentitled.The non -Federal
entity must reportall suspectedor reportedviolationsto the Federal awardingagency.
Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all
contracts and subgrants for construction or repair, offeror will be in compliancewith all applicableDavis-Bacon Act provisions.
Doesofferor agree? YES Initialsof AuthorizedRepresentativeof offeror
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by
the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR
Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to computethe wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excessof 40 hours in the work week. Therequirements of 40 U.S.C. 3704 are applicableto construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in
compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for
all contractsby Participating Agency resulting from this procurementprocess.
Doesofferor agree? YES Initialsof AuthorizedRepresentativeof offeror
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding
agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must
comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under GovernmentGrants, Contractsand CooperativeAgreements,” and any implementingregulations
issued by the awardingagency.
Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during
the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to
comply with all applicablerequirementsas referenced in FederalRule (F) above.
Doesofferor agree? YES Initialsof AuthorizedRepresentativeof offeror
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -
Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations
must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency
(EPA)
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Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during
the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror
agrees to complywith allapplicablerequirementsas referencedin FederalRule (G) above.
Doesofferor agree? YES Initialsof AuthorizedRepresentativeof offeror
(H) Debarmentand Suspension(Executive Orders12549 and12689)—Acontractaward(see 2 CFR180.220)must not be
made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance
with the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
“Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutoryor regulatoryauthorityotherthanExecutive
Order 12549.
Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during
the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that
neither it nor its principalsis presentlydebarred,suspended, proposedfor debarment, declaredineligible,or voluntarilyexcluded
from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals
becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any
federal department or agency, the offeror will notify the Participating Agency.
Doesofferor agree? YES Initialsof AuthorizedRepresentativeof offeror
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosuresare forwarded from tier to tier up to the non-Federalaward.
Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during
the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement
process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31
U.S.C. 1352). The undersignedfurther certifiesthat:
(1) No Federal appropriatedfundshave been paid or will be paid for on behalf of the undersigned,to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress,
or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant,
the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of a Federal contract,grant, loan, or cooperativeagreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress,
or an employee of a Member of Congress in connection with this Federal grant or cooperativeagreement, the undersigned shall
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”,in accordancewith its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all covered
sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose
accordingly.
Doesofferor agree? YES Initialsof AuthorizedRepresentativeof offeror
RECORDRETENTIONREQUIREMENTSFOR CONTRACTSINVOLVINGFEDERALFUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror
certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that
offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees
submit final expenditure reports or quarterlyor annual financial reports,as applicable,and all other pending mattersare closed.
Doesofferor agree? YES Initials of Authorized Representativeof offeror
CERTIFICATIONOF COMPLIANCEWITHTHE ENERGYPOLICYANDCONSERVATIONACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that
it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy
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conservation plan issued in compliancewith the EnergyPolicy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
Doesofferor agree? YES Initialsof Authorized Representativeof offeror
CERTIFICATIONOF COMPLIANCEWITHBUYAMERICAPROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit
Administration funds, offeror certifiesthat its products complywith all applicableprovisionsof the Buy America Act and
agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon
request. Purchasesmade in accordancewith the BuyAmerica Act must still follow the applicableprocurement rulescalling
for free and open competition.
Doesofferor agree? YES Initialsof AuthorizedRepresentativeof offeror
CERTIFICATIONOF ACCESSTO RECORDS– 2 C.F.R. § 200.336
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representativesshall have access to any
documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for
the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonableaccess
to offeror’spersonnelfor the purposeof interviewand discussion relating to such documents.
Doesofferor agree? YES Initialsof AuthorizedRepresentativeof offeror
CERTIFICATIONOF APPLICABILITYTO SUBCONTRACTORS
Offeror agrees that all contractsit awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Doesofferor agree? YES Initialsof AuthorizedRepresentativeof offeror
Offeror agrees to complywithall federal, state, and local laws, rules, regulationsand ordinances,as applicable. It is
further acknowledgedthat offerorcertifies compliancewith all provisions,laws, acts, regulations,etc. as
specifically noted above.
Offeror’s Name: ____________________________________________________________________________________________
Address, City, State, and Zip Code: _____________________________________________________________________________
Phone Number:___________________________________Fax Number:
______________________________________
Printed Name and Title of Authorized
Representative:______________________________________________________________________
Email Address: ____________________________________________________________________________________________
Signature of Authorized Representative: ____________________________________Date: _____________________________
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OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and
procedures required under New Jersey statues. All offerors submitting proposals must complete the
following forms specific to the State of New Jersey. Completed forms should be submitted with the
offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA
Partners’ ability to promote the Master Agreement in the State of New Jersey.
DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran
DOC #7 New Jersey Business Registration Certificate
New Jersey suppliers are required to comply with the following New Jersey statutes when
applicable:
all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A.
10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38;
Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the
Act;
Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and
Bid and Performance Security, as required by the applicable municipal or state statutes.
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OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #1
OWNERSHIP DISCLOSURE FORM
(N.J.S. 52:25-24.2)
Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law),
the offeror shall complete the form attached to these specifications listing the persons owning 10 percent (10%)
or more of the firm presenting the proposal.
Company Name:
Street:
City, State, Zip Code:
Complete as appropriate:
I _______________________________________, certify that I am the sole owner of
____________________________________, that there are no partners and the business is not
incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply.
OR:
I _______________________________________, a partner in___________________________, do hereby
certify that the following is a list of all individual partners who own a 10% or greater interest therein. I
further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set
forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the
individual partners owning 10% or greater interest in that partnership.
OR:
I _______________________________________, an authorized representative of
______________________, a corporation, do hereby certify that the following is a list of the names and
addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further
certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set
forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the
individual partners owning a 10% or greater interest in that partnership.
(Note: If there are no partners or stockholders owning 10% or more interest, indicate none.)
Name Address Interest
I further certify that the statements and information contained herein, are complete and correct to the best of
my knowledge and belief.
Date Authorized Signature and Title
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OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #2
NON-COLLUSION AFFIDAVIT
Company Name: ________________________________________
Street: ________________________________________________
City, State, Zip Code:____________________________________
State of ________________________________________________
County of ______________________________________________
I, of the_______________________________________________
Name City
in the County of ____________________________, State of _______________________________
of full age, being duly sworn according to law on my oath depose and say that:
I am the _________________________of the firm of _____________________________________
Title Company Name
the Offeror making the Proposal for the goods, services or public work specified under the attached
proposal, and that I executed the said proposal with full authority to do so; that said Offeror has not
directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken
any action in restraint of free, competitive bidding in connection with the above proposal, and that
all statements contained in said proposal and in this affidavit are true and correct, and made with
full knowledge that relies upon the truth of the statements contained in said proposal and in the
statements contained in this affidavit in awarding the contract for the said goods, services or public
work.
I further warrant that no person or selling agency has been employed or retained to solicit or secure
such contract upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, except bona fide employees or bona fide established commercial or selling agencies
maintained by
Company Name Authorized Signature & Title
Subscribed and sworn before me
this ______ day of ______________, 20____
__________________________________________
Notary Public of ______________________
My commission expires _________________, 20____
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SEAL
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #3
AFFIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
Company Name:
Street:
City, State, Zip Code:
Proposal Certification:
Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s
proposal will be accepted even if company is not in compliance at this time. No contract and/or
purchase order may be issued, however, until all Affirmative Action requirements are met.
Required Affirmative Action Evidence:
Procurement, Professional & Service Contracts (Exhibit A)
Vendors must submit with proposal:
1. A photo copy of their Federal Letter of Affirmative Action Plan Approval
OR
2. A photo copy of their Certificate of Employee Information Report
OR
3. A complete Affirmative Action Employee Information Report (AA302) ________
Public Work – Over $50,000 Total Project Cost:
A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form
AA201-A upon receipt from the
B. Approved Federal or New Jersey Plan – certificate enclosed
I further certify that the statements and information contained herein, are complete and correct to
the best of my knowledge and belief.
_______________________ _________________________________
Date Authorized Signature and Title
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OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #3, continued P.L. 1995, c. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE
CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual
orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and
that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry,
marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency
Compliance Officer setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to
age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency
contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer
pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent
with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to
P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the
applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2
promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including
employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis
of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will
discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel
testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state
of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off
to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex,
affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court
decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as
may be requested by the office from time to time in order to carry out the purposes of these regulations, and public
agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance
investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).
________________________________________________
Signature of Procurement Agent
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OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows
are instructions on the use of form local units can provide to contractors that are required to disclose political contributions
pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local
Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these
instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open”
process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be
submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents
or in an appropriate computer file and be available for public access. The form is worded to accept this alternate
submission.The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public
agencies, including all public agencies that have elected officials in the county of the public agency, state legislative
positions, and various state entities. The Division of Local Government Services recommends that contractors be
provided a list of the affected agencies. This will assist contractors in determining the campaign and political
committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County
PCD Forms” link on the Pay-to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent
the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.
These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the
Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed
on the back of the form; where that is not the case, the text should be edited accordingly.
f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used
as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the
local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed
on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice
2006-7 for additional information on this obligation at
http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this package
and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to
Boards of Education.
DOC #4
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OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-
20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions
to:
any State, county, or municipal committee of a political party
any legislative leadership committee*
any continuing political committee (a.k.a., political action committee)
any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located
o of another public entity within that county
o or of a legislative district in which that public entity is located or, when the public entity is a county, of
any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were
made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on
reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a
natural person. This includes the following:
individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity
or 10% of the stock in the case of a business entity that is a corporation for profit
all principals, partners, officers, or directors of the business entity or their spouses
any subsidiaries directly or indirectly controlled by the business entity
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity
and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be
deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the
disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an
amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official
and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to
identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed
information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a
signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public
Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law.NOTE: This section does not apply to Board of Education contracts.
*N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for
the purpose of receiving contributions and making expenditures.”
Doc #4, continued
Requirements for National Cooperative Contract
Page 33 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City: State: Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A.19:44A-20.26 and as represented by the Instructions
accompanying this form.
_______________________ _______________________ ________________________
Signature Printed Name Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable
political contributions (more than $300 per election cycle) over the 12 months prior to submission to
the committees of the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form
Contributor Name Recipient Name Date Dollar Amount
$
Check here if the information is continued on subsequent page(s)
Doc #4, continued
Requirements for National Cooperative Contract
Page 34 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders County Clerk Sheriff
{County Executive} Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.
Doc #4, continued
Requirements for National Cooperative Contract
Page 35 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #5
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders
holding 10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of
the undersigned.
Check the box that represents the type of business organization:
Partnership Corporation Sole Proprietorship
Limited Partnership Limited Liability Corporation Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Subscribed and sworn before me this ___ day of ___________,
2__.
(Notary Public)
My Commission expires:
_________________________________
(Affiant)
________________________________
(Print name & title of affiant)
(Corporate Seal)
Requirements for National Cooperative Contract
Page 36 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #6
Certification of Non-Involvement in Prohibited Activities in Iran
Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents,
subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department
of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran
and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f).
Offerors wishing to do business in New Jersey through this contract must fill out the Certification of
Non-Involvement in Prohibited Activities in Iran here:
http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure_investmentact.pdf.
Offerors should submit the above form completed with their proposal.
Requirements for National Cooperative Contract
Page 37 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #7
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
(N.J.S.A. 52:32-44)
Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued
Business Registration Certificate with their proposal here. Failure to do so will disqualify the
Offeror from offering products or services in New Jersey through any resulting contract.
http://www.state.nj.us/treasury/revenue/forms/njreg.pdf
Appendix C, Doc #1
ACKNOWLEDGMENT AND ACCEPTANCE
OF REGION 4 ESC’s OPEN RECORDS POLICY
OPEN RECORDS POLICY
All proposals, information and documents submitted are subject to the Public Information Act
requirements governed by the State of Texas once a Contract(s) is executed. If an Offeror
believes its response, or parts of its response, may be exempted from disclosure, the Offeror
must specify page-by-page and line-by-line the parts of the response, which it believes, are
exempt and include detailed reasons to substantiate the exemption. Price is not confidential and
will not be withheld. Any unmarked information will be considered public information and released,
if requested under the Public Information Act.
The determination of whether information is confidential and not subject to disclosure is the duty
of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient
information to render an opinion and therefore, vague and general claims to confidentiality by the
Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4
ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror. Offeror is
advised to consult with their legal counsel concerning disclosure issues resulting from this
procurement process and to take precautions to safeguard trade secrets and other proprietary
information.
Signature below certifies complete acceptance of Region 4 ESC’s Open Records Policy,
except as noted below (additional pages may be attached, if necessary).
Check one of the following responses to the Acknowledgment and Acceptance of Region 4
ESC’s Open Records Policy below:
We acknowledge Region 4 ESC’s Open Records Policy and declare that no information
submitted with this proposal, or any part of our proposal, is exempt from disclosure under
the Public Information Act.
X We declare the following information to be a trade secret or proprietary and exempt from
disclosure under the Public Information Act.
See attached letter describing in detail the information considered proprietary.
(Note: Offeror must specify page-by-page and line-by-line the parts of the response, which it
believes, are exempt. In addition, Offeror must include detailed reasons to substantiate the
exemption(s). Price is not confident and will not be withheld. All information believed to be a trade
secret or proprietary must be listed. It is further understood that failure to identify such information,
in strict accordance with the instructions, will result in that information being considered public
information and released, if requested under the Public Information Act.)
Date Authorized Signature & Title
Appendix C, Doc #2
ANTITRUST CERTIFICATION STATEMENTS
(Tex. Government Code § 2155.005)
Attorney General Form
I affirm under penalty of perjury of the laws of the State of Texas that:
1. I am duly authorized to execute this Contract on my own behalf or on behalf of the company,
corporation, firm, partnership or individual (Company) listed below;
2. In connection with this proposal, neither I nor any representative of the Company has violated
any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter
15;
3. In connection with this proposal, neither I nor any representative of the Company has violated
any federal antitrust law; and
4. Neither I nor any representative of the Company has directly or indirectly communicated any
of the contents of this proposal to a competitor of the Company or any other company,
corporation, firm, partnership or individual engaged in the same line of business as the
Company.
Company Contact
Signature
Printed Name
Address Position with Company
Official
Authorizing
Proposal
Signature
Phone
Printed Name
Fax
Position with Company
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FEMA SPECIAL CONDITIONS
Awarded Supplier(s) may need to respond to events and losses where products and services are needed
for the immediate and initial response to emergency situations such as, but not limited to, water damage,
fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind
damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these
FEMA Special Conditions required by the Federal Emergency Management Agency (FEMA).
“Contract” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the
“Master Agreement”.
“Contractor” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as
“Supplier” or “Awarded Supplier”.
Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract
supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would
arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner,
or an organization which employs or is about to employ any of these parties, has a financial or other interest
in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also
Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the
potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his
or her partner, or an organization which employs or is about to employ any of these parties as a result of
the particular procurement. The prohibited financial interest may arise from ownership of certain financial
instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer,
or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent”
conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with
knowledge of the relevant facts would question the impartiality of the employee, officer, or agent
participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public
Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards
for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item
of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must
provide for disciplinary actions to be applied for violations of such standards by officers, employees, or
agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be
dismissal, and the penalty for a contractor might be the termination of the contract.
Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred
or suspended as described in Chapter III, ¶ 6.d must be rejected and cannot receive contract awards at
any level.
Public Policy
A contractor must comply with the public policies of the Federal Government and state, local government,
or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported
by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7
c. Applicable prevailing wage laws, regulations, and executive orders
Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises; and
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5. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
Prevailing Wage Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws
regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or
Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable
pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any
subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.
Federal Requirements
If products and services are issued in response to an emergency or disaster recovery the items below,
located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and
required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses
1.Termination for Convenience:
The right to terminate this Contract for the convenience of the Participating Public Agency is retained by
the Participating Public Agency. In the event of a termination for convenience by the Participating Public
Agency, the Participating Public Agency shall, at least ten (10) calendar days in advance, deliver written
notice of the termination for convenience to Contractor. Upon Contractor’s receipt of such written notice,
Contractor immediately shall cease the performance of the Work and shall take reasonable and appropriate
action to secure and protect the Work then in place. Contractor shall then be paid by the Participating Public
Agency, in accordance with the terms and provisions of the Contract Documents, an amount not to exceed
the actual labor costs incurred, the actual cost of all materials installed and the actual cost of all materials
stored at the project site or away from the project site, as approved in writing by the Participating Public
Agency but not yet paid for and which cannot be returned, and actual, reasonable and documented
demobilization costs, if any, paid by Contractor and approved by the Participating Public Agency in
connection with the Scope of Work in place which is completed as of the date of termination by the
Participating Public Agency and that is in conformance with the Contract Documents, less all amounts
previously paid for the Work. No amount ever shall be owed or paid to Contractor for lost or anticipated
profits on any part of the Scope of Work not performed or for consequential damages of any kind.
2.Equal Employment Opportunity:
The Participating Public Agency highly encourages Contractors to implement Affirmative Action practices
in their employment programs. This means Contractor should not discriminate against any employee or
applicant for employment because of race, color, religion, sex, pregnancy, sexual orientation, political belief
or affiliation, age, disability or genetic information.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant
for employment because such employee or applicant has inquired about, discussed, or disclosed the
Version April 1, 2021
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under section
202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance:Provided,however, that in the event the contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
3.“During the performance of this contract, the contractor agrees as follows:
(1)The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
(2)The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive
considerations for employment without regard to race, color, religion, sex, or national
origin.
(3)The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice
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to be provided advising the said labor union or workers' representatives of the
contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4)The contractor will complywith all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary ofLabor.
(5)The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(6)In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for furtherGovernmentcontractsorfederallyassistedconstruction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions as may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided bylaw.
(7)The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, That in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the administering agency the contractor
may request the United States to enter into such litigation to protect the interests of
the UnitedStates.”
4.Davis Bacon Act and Copeland Anti-KickbackAct.
a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency
Management PreparednessGrantProgram, Homeland SecurityGrant Program, Nonprofit
Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant
Program, and Transit Security Grant Program. It does not apply to other FEMA grant
and cooperative agreement programs, including thePublic Assistance Program.
b. All prime construction contracts in excess of $2,000 awarded by non-Federal entitiesmust
include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and
3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5
(Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D.
c. In accordance with the statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition, contractors must be required to pay wages
not less than once aweek.
d. The non-Federal entity must place a copy of the current prevailing wage determination
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issued by the Department of Labor in each solicitation. The decision to award a contract
or subcontract must be conditioned upon the acceptance of the wage determination. The
non-Federal entity must report all suspected or reported violationsto theFederalawarding
agency.
e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision
for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as
supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States). The Copeland Anti- Kickback Act provides that each
contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The non-Federal entity must
report all suspected or reported violations to FEMA.
f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies
to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the
previous subsection, the Davis-Bacon Act does not applyto Public Assistancerecipients and
subrecipients.In situationswheretheDavis-Bacon Act does not apply, neither does the
Copeland “Anti-Kickback Act.” However, for purposes of grant programs where both
clauses do apply, FEMA requires the following contractclause:
“Compliance with the Copeland “Anti-Kickback” Act.
(1)Contractor. The contractor shall comply with 18 U.S.C. § 874, 40U.S.C. § 3145, and
the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this contract.
(2)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the FEMA may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses
(3)Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. §5.12.”
5.Contract Work Hours and SafetyStandards Act.
a. Applicability: This requirement applies to all FEMA grant and cooperative
agreementprograms.
b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in
excess of $100,000 that involve the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department
of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, ¶ E.
c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the workweek.
d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission ofintelligence.
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e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning
compliance with the Contract Work Hours and Safety Standards Act:
“Compliance with the Contract Work Hours and Safety Standards Act.
(1)Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in suchworkweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor and
any subcontractor responsible therefor shallbe liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph
(1) of this section, in the sum of $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in
paragraph (1) of this section.
(3)Withholding for unpaid wages and liquidated damages. The (write in the name of
the Federal agency or the loan or grant recipient) shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold
or cause to be withheld, from any moneys payable on account of work performed
by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
(4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1) through (4) of this section.”
6.Rights to Inventions Made Under a Contract or Agreement.
a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance,
Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis
Counseling Assistance and Training Grant Program, Disaster Case Management Grant
Program, and Federal Assistance to Individuals and Households – Other Needs Assistance
Grant Program, as
FEMA awards under these programs do not meet the definition of “funding agreement.”
b. If the FEMA award meets the definition of “funding agreement” under 37 C.F.R.§ 401.2(a) and
the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the non-Federal entity must
comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit
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Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R.
Part 200, Appendix II, ¶ F.
c. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract,
grant, or cooperative agreement entered into between any Federal agency, other than the
Tennessee Valley Authority, and any contractor for the performance of experimental,
developmental, or research work funded in whole or in part by the Federal government. This
term also includes any assignment, substitution of parties, or subcontract of any type entered
into for the performance of experimental, developmental, or research work under a funding
agreement as defined in the first sentence of thisparagraph.
7.Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of $150,000
must contain a provision that requires the contractor to agree to comply with all applicable standards,
orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C.§§ 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA
and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶
G.
a. The following provides a sample contract clause concerning compliance for contracts of
amounts in excess of$150,000:
“Clean Air Act
(1)The contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
(2)The contractor agrees to report each violation to the (name of the state agency or local
or Indian tribal government) and understands and agrees that the (name of the state
agency or local or Indian tribal government) will, in turn, report each violation as required
to assure notification to the (name of recipient), Federal Emergency Management
Agency, and the appropriate Environmental Protection AgencyRegional Office.
(3)The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided byFEMA.
Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 etseq.
(2) The contractor agrees to report each violation to the (name of the state agency or local
or Indian tribal government) and understands and agrees that the (name of the state
agency or local or Indian tribal government) will, in turn, report each violation as
required to assure notification to the (name of recipient), Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional
Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in partwith Federal assistance provided by FEMA.”
8.Debarment andSuspension.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement
programs.
b. Non-federal entities and contractors are subject to the debarment and suspension regulations
implementing Executive Order 12549, Debarment and Suspension (1986) and Executive
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Order 12689,Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of
Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non procurement Debarment and
Suspension).
c. These regulations restrict awards, subawards, and contracts with certain parties that are
debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
assistance programs and activities. See 2 C.F.R. Part200, Appendix II, ¶ H; and Procurement
Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules):
Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field
Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement]. A contract
award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list
maintained by the General Services Administration that contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. SAM
exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement,
Chapter IV, ¶ 6.d and Appendix C, ¶ 2.
d. In general, an “excluded” party cannot receive a Federal grant award or a contract within the
meaning of a “covered transaction,” to include subawards and subcontracts. This includes
parties that receive Federal funding indirectly, such as contractors to recipients and
subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is
any non-procurement transaction (unless excepted) at either a “primary” or “secondary” tier.
Although “covered transactions” do not include contracts awarded by the Federal
Government for purposes of the non-procurement common rule and DHS’s implementing
regulations, it does include some contracts awarded by recipients and subrecipient.
e. Specifically, a covered transaction includes the following contracts for goods or services:
(1)The contract is awarded by a recipient or subrecipient in the amount of at least $25,000.
(2)The contract requires the approval of FEMA, regardless of amount.
(3)The contract is for federally required audit services.
(4)A subcontract is also a covered transaction if it is awarded by the contractor of a
recipient or subrecipient and requires either the approval of FEMA or is in excess of
$25,000.
d.The following provides a debarment and suspension clause. It incorporates an optional
method of verifying that contractors are not excluded or disqualified:
“Suspension and Debarment
(1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.
3000. As such the contractor is required to verify that none of the contractor, its
principals (definedat 2C.F.R. §180.995),or its affiliates (definedat2C.F.R. §180.905)
are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
(2)The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(3)This certification is a material representation of fact relied upon by (insert name of
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subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R.
pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available
to (name of state agency serving as recipient and name of subrecipient), the Federal
Government may pursue available remedies, including but not limited to suspension
and/ordebarment.
(4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer further
agrees to include a provision requiring such compliance in its lower tier covered
transactions.”
9.Byrd Anti-LobbyingAmendment.
a.Applicability: This requirement applies to all FEMA grant and cooperative agreement
programs.
b.Contractors that apply or bid for an award of $100,000 or more must file the required
certification. See 2 C.F.R. Part 200, Appendix II, ¶ I; 44 C.F.R. Part 18; PDAT Supplement,
Chapter IV, 6.c; Appendix C, ¶ 4.
c.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant
or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying
with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award. See PDAT
Supplement, Chapter IV, ¶ 6.c and Appendix C, ¶ 4.
d.The following provides a Byrd Anti-Lobbying contract clause:
“Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
the recipient.”
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted
with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
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agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions.
3.The undersigned shall require that the language of this certification be included in the award
documentsforallsubawards atalltiers(includingsubcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certifyand disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
The Contractor, , certifies or affirms the truthfulness and
accuracyof each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification
and disclosure, ifany.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date”
10.Procurement of RecoveredMaterials.
a.Applicability: This requirement applies to all FEMA grant and cooperative agreement
programs.
b.A non-Federal entitythat is a state agencyor agency of a political subdivision of a state and
its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No.
89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at
42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, ¶ J; 2 C.F.R. § 200.322; PDAT
Supplement, Chapter V, ¶7.
c.The requirements of Section 6002 include procuring only items designated in guidelines of
the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired by the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
d.The following provides the clause that a state agency or agency of a political
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subdivision of a state and its contractors can include in contracts meeting the above
contractthresholds:
“(1) In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA- designated items unless the product cannot
be acquired—
(i)Competitively within a timeframe providing for compliance with the
contract performanceschedule;
(ii)Meetingcontract performance requirements; or
(iii)At a reasonableprice.
(2) Information about this requirement, along with the list of EPA- designate items, is
available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.”
11.Additional FEMARequirements.
a.The Uniform Rules authorize FEMA to require additional provisions for non- Federal
entity contracts. FEMA, pursuant to this authority, requires or recommends the
following:
b.Changes.
To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or
cooperative agreement, the cost of the change, modification, change order, or constructive
change must be allowable, allocable, within the scope of its grant or cooperative agreement,
and reasonable for the completion of project scope. FEMA recommends, therefore, that a
non-Federal entity include a changes clause in its contract that describes how, if at all,
changes can be made by either party to alter the method, price, or schedule of the work
without breaching the contract. The language of the clause may differ depending on the
nature of the contract and the end-item procured.
c.Access toRecords.
All non-Federal entities must place into their contracts a provision that all contractors and
their successors, transferees, assignees, and subcontractors acknowledge and agree to
comply with applicable provisions governing Department and FEMA access to records,
accounts, documents, information, facilities, and staff. See DHS Standard Terms and
Conditions, v 3.0, ¶ XXVI (2013).
d.The following provides a contract clause regarding access to records:
“Access to Records. The following access to records requirements apply to this contract:
(1)The contractor agrees to provide (insert name of state agency or local or Indian tribal
government), (insert name of recipient), the FEMA Administrator, the Comptroller
General of the United States, or any of their authorized representatives access to any
books, documents, papers, and records of the Contractor which are directly pertinent
to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions.
(2)The Contractor agrees to permit any of the foregoing parties to reproducebyanymeans
whatsoever or to copy excerpts and transcriptions as reasonably needed.
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(3)The contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work being
completed under thecontract.”
12.DHS Seal, Logo, and Flags.
a.All non-Federal entities must place in their contracts a provision that a contractor shall not
use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency
officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v
3.0, ¶ XXV(2013).
b.The following provides a contract clause regarding DHS Seal, Logo, and Flags: “The
contractorshall not usethe DHS seal(s), logos, crests, or reproductions of flags or likenesses
of DHS agency officials without specific FEMA pre- approval.”
13.Compliance with Federal Law, Regulations, and Executive Orders.
a.All non-Federal entities must place into their contracts an acknowledgement that FEMA
financial assistance will be used to fund the contract along with the requirement that the
contractor will comply with all applicable federal law, regulations, executive orders, and
FEMA policies, procedures, and directives.
b.The following provides a contract clause regarding Compliance with Federal Law,
Regulations, and Executive Orders: “This is an acknowledgement that FEMA financial
assistance will be used to fund the contract only. Thecontractor will comply will all applicable
federal law, regulations, executive orders, FEMA policies, procedures, and directives.”
14.No Obligation by FederalGovernment.
a.The non-Federal entity must include a provision in its contract that states that the Federal
Government is not a party to the contract and is not subject to any obligations or liabilities
to the non-Federal entity, contractor, or any other party pertaining to any matter resulting
from thecontract.
b.The following provides a contract clause regarding no obligation by the Federal
Government: “The Federal Government is not a party to this contract and is not subject to
anyobligationsorliabilitiestothenon-Federalentity,contractor,orany other partypertaining
to any matter resulting from the contract.”
15.Program Fraud and False or Fraudulent Statements or Related Acts.
a.The non-Federal entity must include a provision in its contract that the contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to its actions pertaining to the contract.
b.The following provides a contract clause regarding Fraud and False or Fraudulent or
Related Acts: “The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative
Remedies for False Claims and Statements) applies to the contractor’s actions pertaining
to thiscontract.”
Additional contract clauses per 2 C.F.R. § 200.325
For applicable construction/reconstruction/renovation and related services: A payment and performance
bond are both required for 100 percent of the contract price. A “performance bond” is one executed in
connection with a contract to secure fulfillment of all the contractor’s obligations under such contract. A
“payment bond” is one executed in connection with a contract to assure payment as required by law of
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all persons supplying labor and material in the execution of the work provided in the contract.
Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions
section of this solicitation.
Offeror’s Name:
___________________________________________________________________________________
_________
Address, City, State, and Zip Code:
_____________________________________________________________________________
Phone Number:___________________________ _Fax Number:
______________________________________
Printed Name and Title of Authorized
Representative:_____________________________________________________________
Email Address:
_____________________________________________________________________________________
_______
Signature of Authorized Representative: ____________________________________Date:
________________________________