HomeMy WebLinkAbout8.1 Motion to accept the Joint Purchasing Contract - Installation of one BTX Ultimate Pro Infinity Brine MakerPage I of 3
Agenda Item Details
Meeting Mar 05, 2019 - REGULAR MEETING OF THEM UT PROSPECT VILLAGE BOARD -
7:00 p.m.
Category 8. VILLAGE MANAGER'S REPORT
Subject 8.1 Motion to accept the Joint Purchasing Contract for the purchase and installation
of one (1) BTX Ultimate Pro Infinity Brine Maker for an amount not to exceed
$164,775.
Access Publi@
Type Action
Preferred Date •Mar 05, 20115'
Absolute Date Mar 05, 20115'
Fiscal Impact Yes
Dollar Amount 164f775.00
awo 0=1
Budget Source Capital Improvement Fund
Recommended Accept the Sourcewell joint purchasing bid result (contract award #080818 -HPI)
Action and authorize the purchase and installation of one (1) BTX Ultimate Pro Infinity
Brine Maker from Henderson Products, Inc. of Manchester, IA at a cost not to
exceed $164,775.
Public Content
In the current budget, there are sufficient funds available to purchase a salt brine maker. The brine maker
will be utilized to produce a liquid salt product.
Many states and industries alike have performed research on the use of a wide variety of chemicals and
materials to achieve improved deicing results. The most commonly used chemical is rock salt. This is
primarily due to its availability, melting ability, cost, and ease of storage and handling. Rock salt has many
advantages as an effective winter material in both the solid form and as a liquid brine.
Over the past 20 years, there has been growing acceptance of using salt brine for pre -wetting solid
materials, deicing accumulated snow and ice, and providing anti -icing treatments before a winter storm
Page 2 of 3
begins. For these purposes, rock salt is blended with water to achieve a 23.3 percent brine solution. In
other words, the brine is blended at a rate of 2.33 pounds of salt per gallon of water. The brine solution is
easily manufactured using commercially available brine -making systems. These systems, which vary in
size, cost, and capacity, economically produce salt brine when blended by trained road crews. Once
processed, salt brine can be transferred to storage tanks or pumped into a tank -mounted truck equipped
•' perform anti -icing • •'' operations.
The most common use of salt brine entails pre -wetting rock salt as it is spread onto snow-covered
roadways. Pre -wetting is the addition of a liquid chemical to winter materials prior to spreading the
materials onto the road surface. The benefits of pre -wetting include the following: less scatter and loss of
salt from the road surface due to bounce; faster and more effective melting capacity for the salt; and
reduced amounts of salt used, resulting in lower costs and less impact on the environment due to chloride
•
Typically, 20 to 30 percent of dry rock salt bounces off the road surface before it begins to melt snow and
ice. Pre -wetting makes the salt crystals stick to the pavement, thus reducing scatter and providing a more
uniform application with less waste. Since rock salt is a solid chemical, it needs to accumulate moisture to
form a brine solution before it begins to melt snow and ice. By providing that "pre -wet" jumpstart, the salt
begins to melt immediately due to more brine being present.
Joint Purchasing Agreement
There is no local or State of Illinois purchasing program, for this salt brine maker. However, the public
works department is part of a national joint purchase cooperative, Sourcewell (formally called the National
Joint Powers Alliance (NIPA)), through which the Village can procure the equipment through Henderson
Products, Inc of Manchester, IA.
The Sourcewell Contract satisfies the public bidding requirements of the Village of Mount Prospect
purchasing policy.
It is recommended that a 10% contingency be included in the project award to allow for quantity variances
and unanticipated conflicts. For this project, a 10% contingency added to the bid would result in a total
contract award of $164,775. (Base bid: $149,796 + Contingency: $14,979 = Total Recommended Award:
$164f775).
Currently the Village utilizes approximately 80,000 gallons of deicing liquid during a typical winter season.
The Village purchases a pre -mixed solution that is comprised of 80% salt brine. The current cost of the
pre -mixed solution is $0.78 per gallon, which totals $62,400 per winter season.
With the purchase and installation of a salt brine making system the Village would produce salt brine at a
rate of 10,000 gallons an hour at a cost of $0.15 per gallon. The Village's total cost to produce the
approximately 64,000 gallons of salt brine needed during a winter season is $9,600 ($0.15 * 64f000
gallons).
The Village would also need to purchase approximately 16,000 gallons of the other components that
comprise the liquid deicing blend at a rate of $0.5475 per gallon. The total cost of other components is
$8,760 ($0.5475 * 16,000 gallons).
The Village's total cost for liquid deicing in a winter season would be $18,360 ($9f600 + $8,760) compared
to the current total season cost of $62,400. The payback period for the purchase of the recommended salt
brine maker would be less than four (4) years.
In addition, the ability to make salt brine on-site allows staff to avoid delivery issues during the winter
season. The Village as the ability to store approximately 24,000 gallons of liquid on-site, which requires
the Village to take delivery of liquid multiple times during the winter season. The ability to create salt brine
and storing a winter season's worth of liquid deicing components on-site will better situate the Village to
accommodate variables that impact just -in -time liquid deliveries such as trucking shortages or severe
weather that can impact delivery times.
Page 3 of 3
1. Accept joint bid results for the purchase of one (1) BTX Ultimate Pro Infinity Brine Maker.
2. Action at discretion of Village Board.
Staff Recommendation
Staff recommends the Village Board accept the Sourcewell joint purchasing bid result (contract awar
#080818 -HPI) and authorize the purchase and installation of one (1) BXT Ultimate Pro Infinity Brine Make
from Henderson Products Inc. of Manchester, IA. at a cost not to exceed $164,775. 11
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Administrative Content
Executive Content
Motion &Voting
Accept the Sourcewell joint purchasing bid result (contract award #080818 -HPI) and authorize the
purchase and installation of one (1) BTX Ultimate Pro Infinity Brine Maker from Henderson Products, In
of Manchester, IA at a cost not to exceed $164,775. 1
Motion by Paul Hoefert, second by Michael Zadel.
Final Resolution: Motion Carries
Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel
EXCEPTIONS TO PROPOSAL, TEIMS, CONDITIONS
AND SOLUTIONS RFQjjE ST
Company Momc
Any exceptionshthe terms, conditions, specifications,mproposal forms contained in this RFP oLIst benoted inwriting
and included with the Pnupoocr`xresponse. The Proposer acknowledges that the exceptions listed may o,may not be
accepted b*3ourocvvo\| or included in the final contract. 3ouruop/ |} will make reasonable ctk>da tnaccommodate the
listed exceptions and may clarify the exceptions in the appropriate section below.
Contract Award
RFP I #080819,
F01M D Sourcewell i�.
Formal Offering of Proposal
(To be completed only by the Proposer)
SNOW AND ICE I IANDLING EQUIPMENT, SUPPLIES, AND ACCESSORIES
In compliance with the Request for Proposal (RFP) for ISNOW AND ICE. HANDLING EQUIPMENT, SUPPLIES, AND
ACCESSORIES, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the
instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special
terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this
RFP, any applicable amendments of this RFP, and all! , Proposer's response documentation. The Proposer further
understands that it accepts the full responsibility as the Sole Source of solutions proposed in this RFT' response and that the
Proposer accepts responsibility for any subcontractors used to fulfill this proposal.
Company Name: Henderson Products Inti Date: August 6, 2018
Company Address: 1085 South 3"" Street
City: Manchester State: 1A
CAGE Code/DUNS: (: A,GE: I
Contact Person: Jon Sieve
Authorized Signature: NV N -
DIJNS: 068407266
Sievert I President
Title: President
Zip: 52057
Douu8WnEnvelope ID: rnsoEace-93A14oFo8Eos-7ooVurE4opAA
FORM E
CONTRACT ACCEPTANCE 4N[l A
VV4A[l,jV/
wm
(10
C �� ��
u[)U[[ew��U����'
f =*xm
(Top portion of this form will be completed by Sourcewell if the vendor is awarded a contract, The vendor should
complete the vendor authorized signatures as part of f he RFI` response.)
Sourcewell Contract #: 080818 -HPI
Pruposex'sfull legal name: Henderson Products Inc.
Based on Sourcewell's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you
agree toprovide the products and services contained hnyour proposal and homeet all cf the terms and conditions set
forth In this RFP, In any amendments to this RFP, and in any exceptions that are accepted by Sourcewell.
The effective date of the Contract will be October 29, 2018 and will expire on October 29, 2022 (no later than the later
of four years from the expiration date of the currently awarded contract or four years from the date that the Sourcewell
Chief Procurement Officer awards the Contract). This Contract may be extended for fifth year at 3ouroeweU's
LWg%Wgjl Authorized Signatures:
Z17EMEO
SOU RCBmEKDIRECTOR VFOPERATIONS AND
PROCUREMENT/CPO
DocuSt nod by:
(�Ti (hW&
UTIVeDIRECTOR/CEO SIGNATURE
Awarded onOctober 22'2OlO
Vendor Authorized Signatures:
Jeremy Schwartz
(NAME PRINTED oxTYPED)
ChodCooueMe
(NAME PRINTED OnTYPED)
The Venclor hereby accepts this Contract award, including all accepted exceptions and amendments.
Vendor Name
VENDOR AUTHOR 1URE
'ji Sawx (NAME PRINTED OR TYPED)
Executed 201P, SmuroaweUContract #0808l8 -HP|
Form F
PROPOSER ASSURANCE OF COMPLIANCE
Proposal Affidavit Signature Page
PROPOSER'S AFFIDAVIT
Sourcewell rL
The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that
the following statements are true to the best of his or her knowledge.
The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly
originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess
before delivering any products and related services, all applicable licenses necessary for such delivery to
Sourcewell members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to
legally bind the Proposer to the terms in this Contract.
The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement
or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm,
or corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating
to this RFP in any way that adversely affects the free and open competition for a Contract award under this
RFP.
3. The Proposer- has examined and understands the terms, conditions, scope, contract opportunity, specifications
request, and other documents in this solicitation and affirms that any and all exceptions have been noted in
writing and have been included with the Proposer's RFP response.
The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in
accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and
with the other documents in this solicitation.
5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -
quality products and related services to Sourcewell Members under an awarded Contract.
6. The Proposer will cornply with all applicable provisions of federal, state, and local laws, regulations, rules, and
orders.
7. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or
"nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all
proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that
point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined
data to be considered a "trade secret," and thus nonpublic data under Mirmesota's Data Practices Act.
The Proposer understands that it is the Proposer's duty to protect information that it considers
nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell
takes to uphold such a data designation.
[The rest of this page has been left intentionally blank. Signature page below]
By signing below, Proposer is acknowledging that he or she has read, Understatids, and agrees to comply with the terms
and conditions specified above.
Company Name:
Henderson Pi-oditcts Ine
Address: .1085 South 3"" Street
City/State/Zip: Manc-Itester, 1A 52057
Telephone Number: tollfree: 800-359-4970 direct: 563-927-2828
E-mail Address:
Authorized Signature:
Authorized Name (priiiied): Ston Sievert
Title: President
Date: August 6, 2018
Notarized
Subscribed and sworn to before me this Lith day of Atigust , 2018
Notary Public in and for the County of 1 1 3
State of
Mycommission expires: i""DID�11'j-
Signature'
AYO, 0 AWN m MOORMAN
0 commission Number 781913
My Commission Ex IM
December 241 919
Forin F—Proposer Assurance of Compliance W9W
Sourcewell i �,
Form P
PROPOSER QUESTIONNAIRE
Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry -Specific Questions
Proposer Name: Henderson Products lite
Questionnaire completed by: Cy'lenn Bech I VP Sales
Payment Terms and Financing Options
1) What are your payment terms (e.g., net 10, net 30)?
Cash in Advance or net 30 (lays after shipment of product or completed truck
2) Do you provide leasing or financing options, especially those options that schools and governmental entities may
need to use in order to make certain acquisitions?.
Henderson does not have a leasing program. However, Henderson will consider Soureem/ell members with
financhig requirements outside our normally offered terms and conditions.
3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly
sales to Sourcewell. For example, indicate whether your dealer network is included in your response and whether
each dealer (or some other entity) will process the Sourcewell Members' purchase orders.
Sourcewell Members will be provided a quote frorn the Sourcewell contract. The Soureewell Member will issue
purchase order directly to Henderson or an authorized Henderson dealer trained to sell the Sourcewell contract.
Henderson will process PO from either Sourcewell Member or Dealer into a Customer Order. A fine item on the
Customer Order vdll indicate the order is related to the Soureewell contract. Product and upfitfing services will
be invoiced when products or completed trucks are shipped. AM purchase orders, custorner orders and invoices
are recorded in a Sourcewell Sales Report to track sales activity and administration fees, All documents are
retained for audit purposes. Please refer to EXIHBJll" F 111'orm,P,.,Q#.a.!2rder Process Flowchart.
4) Do you accept the P -card procurement and payment process? If so, is there any additional cost to Sourcewell
Members for using this process?
Henderson does accept P -card arid credit card paynients for small purchases classified as $2,000 or, less
per total order. Large purchases classified as greater than $2,000 per total order reqtflre check or
nioney order,.
Warrant
5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims
procedure, and overall structure. You may include in your response a copy of your warranties, but at a inininium
please also answer the following questions.
0 Do your warranties cover all products, parts, and labor?
Henderson warrants its products to be free froin defects in maerial or workmanship for as period
of 12 months after delivery to the miginal user or 18 nionths after factory invoice, whichever occurs
first.
0 Do your warranties impose usage restrictions or other limitations that adversely affect coverage?
Product will be covered under warranty for 12 nionths from the date it is put into service,
0 Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs?
YES
• Are there any geographic regions of the United States for which you cannot provide a certified technician to
perform warranty repairs? How will Sourcewell Members in these regions be provided service for warranty
repair?
Henderson will provide warranty coverage/service across the L)nited States and C'Aanada
• Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are
these warranties issues typically passed on to the original equipment manufacturer?
VI -41S
® What are your proposed exchange and return programs and policies?
The custorner is required to contact our Technical Set -vices & Warranty department at 1-800 3594970 to
obtain an R.G'A (Returned Goods Authorization) form. All products or parts authorized for return must
have the RGA number on all shipping documents and parts labels. Returned parts are evaluated by the
,rechnical Services & Warranty department as to their disposition. Credit will be issued to the custorner
within 10 business (lays of receipt of returned product or parts it" defect or reason for return is deemed within
tile Warranty policy.
Please refer to Exhibit GA HendersonWarra)
2 .
Please refer to �_Xi;H)T' .L,',00ds Audhorization
6) Describe any service contract options for the items included in your proposal.
Henderson does not offer service contract options at this time; however a service contract program is under
consideration. When Henderson adopts a service contact program, a PnP will be submitted to Soureewell.
Pricing, Delivery, Audits, and Administrative Fee
7) Provide a general narrative description of the equipment/products and related services you are offering in your
proposal.
I-Jenderson Products is providing municipal snow and ice control application and maintenance
equil,)inent. Products and services hic.lude dump bodies, snowplows, combination bodies, aggregate
spreaders, liquid application products, 'wing systems, installation/upfitting services. Henderson is also
offering complete turnkey lmckages including the chassis.
8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data
(including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell
to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that
reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the
RFP and the Price and Product Change Request Form for more detail.)
-1
'The sut.)mitted IfIendlerson T'tErn,!iey_jLggkItS,.e -IriKJRg iyE lLbook shows the Sourceivell inembers
discounted price for the each full turnkey package.
'I'he submitted Henderson Products and Services price list will be discounted l'iy 10$10 to the
m�W. .... . ..... . ................................... . '
Sourcewell crieniber. Additional discounts inay be considered For volmne orders,
14enderson Products' sales team and dealers use a quote configurator to price customized features and
options for flenderson snow kind lee products and services to rneet their custonier's needs. We are able
to offer an extensive list of dimensions, rnaterial and options through this configurator. Dependencies
are built into our configurator toot to ensure compatibility with the materials and options they select.
The price list we are providing 1!L)(Is kj�Lt - ii ' icl ' ud.e these dependencies; however, shows pricing for each of
I ourceivell docu.unre��rrtation®
the identifed features and options for S
Any feature or option requested by a Soureewell Menitwir that: is not depicted on these pricing pages is
considered non-standard options. These requests will he valued utilizing the 'cost phis a percentage'
pricing methodology.
lienderson Products Inc considers Sourced Products/Services (ort pen Market Goods) as unique whole
goods products or services that afire not offered anywhere within the Henderson catalog of product's or
services,, Examples of such goods and services and are not litnited to are: hooklifts, alundituin dump
body, sideduinp dutrip body, cameras, fighting systems, and hydraulic systems. Requests for pricing of
these Sourced Products/Services will require quotes frorn suppliers and pricing to Sourcewell Member
will be valued utilizing the 'cost: phis a percentage' pricing methodology.
Henderson Products Ine partners with States (Departivient of Transportation, Illighway
Adininistrations, Turnpikes and Offices of General Services) adopting ancillary contracts to
Henderson's Sourcewell contract to provide sole source of products and set -vices. Due to the distinctive
nature of State -related product and service specifications, Henderson designs and engineers products to
meet their specifications. Pricing is valued utilizing the 'cost phis a percentage' pricing methodology.
9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response
represents is a 50% percent discount from the MSRP or your published list.
The submitted Henderson Turn!iLyj?
AoLIL��goLpLieejist_ shows the Sourcewell mendiers discounted
price for the each ffili'turnkey package.
1'he submitted Henderson "P
Pro "ducts
ducts and ' Set -vices [,Ukice "' list will be discounted by 111"%m to the
Sourcewell member. Additional discounts may be considered for volume orders.
10) The pricing offered in this proposal is
a. the same as the Proposer typically offers to an individual municipality, university, or school
district.
b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations,
or state purchasing departments.
X c. better than the Proposer typically offers to APOs, cooperative proci.irenient
organizations, or state purchasing departments.
.d. other than what the Proposer typically offers (please describe).
11) Describe any quantity or volume discounts or rebate programs that you offer.
Fleets such as departments of transportation and other inunicipal agencies may qualify for all additional
discount based on volume purchases.
12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market"
items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or
you may supply a quote for each such request.
Henderson Products Ine considers Sourced Products/Services (or Open Market Goods) as unique whole,
goods products or services that are not offered anywhere within the Henderson catalog of" products or
set -vices. Examples of such goods and services, and are not limited to�, include. hooklifts, aluminunt
dump body, side dump duirip body, cameras, lighting systenis, and hydraulic systents. Requests for
pricing of these Sourced Products/Services will require quotes frorn suppliers and pricing to Sourcewell
Member will be valued utilizing the 'cost plus a pereentage' pricing tnethodology.
Any feature or oI.ftion requested by a Sourcewell Member that is not depicted on our pricing pages is
considered non --standard options. These requests will be valued 11filizing the 'cost plus a percentage'
pricing methodology.
I-lenderson Products Ine partners vvith States (Department of Transportation, Highway
Administrations, Turnpikes and Offices of General Services) adopting ancillary contracts to
lienderson's Sourc.ewell contract to provide nolle source of` products and services. Due to the distinctive
nature of State -related product and service specifications, Henderson designs and engineers products to
Aneet their speciflcationsm Pricing is valued utilizing the plus a percentage' pricing methodology.
13) Identify any total cost of acquisition costs that are NOT 'included in the pricing submitted with your response. This
cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list
costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose
such costs and their relationship to the Proposer.
Not applicable
14) If delivery or shipping is an additional cost to the Sourcewell Member, describe in detail the complete sMpping and
delivery program.
U'reight is not included in any of our pricing. There are many options available to the custorner such as;
customer pick up, completed product or truck (jeliVel'y to a custorner, and customer supplied freight Carrier
account. Henderson will provide a freight cost quote to destination if required by the Sourcewell raiernber.
15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery.
There are many options available to the customer such as; customer pick up, completed product or truck
delivery to a custoyner, and customer supplied freight carrier account.
16) Describe any unique distribution and/or delivery methods or options offered in your proposal.
Henderson has negotiate(] industry best rates with all of our carriers. We use state-of-the-art methods to
schedule and track shipments. Henderson also offers drive -away services for completed truck equipment
installations on chassis.
17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with
your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Members obtain the proper
pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper
administrative fee to Sourcewell.
All Soureewelf Meirnbers will be provided a quote utilizing the Sourcewell contract. Our pricing model is based
on configured products; therefore, the initial creation of a quote will indicate the quote is selected from the
Soureewell contract and will include the Soureewell Member inornber, All quotes containing this information
that generate Soureewell Member purchase orders are assigned a file fol(Jer number and recorded in an excel
workbook titled Sourcewell Sales and managed by the Contract Administration team. Documenta(ion related to
quotes, purchase orders, customer orders and invoices are gathered and recorded by the (".'ontracl
Administration tearn, When an order is invoiced, the Sourcewell Sales report is updated and tile applicable
Sourcewell administrative fee is calculated. The Soureewell Sales report is the foundation for the Sourcewell
quarterly Vendor Report and the remittance ofthe quarterly administration fees. AJI documentation is filed by
the assigned file folder nurnher and retained) for audit purposes and is the responsibility of the Contract
Administration team.
18) Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the
Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of
Vendor's sales under the Contract or as a per-unit fee; it is not a line -item addition to the Member's cost of goods.
(See RFP Section 6.29 and following for details.)
Henderson's proposed administrative fee, of 2% applies for all products and services as depieted oil the
Henderson 1roducts and Services Price Lis(. In addition, Henderson will pay the 2%, administrative fee for all
products and services sold an(] identified as Sourced Market, Non Standard Features and Options, as well as
State -Specific products sold oil ancillary State contracts adopting the Henderson Sourcewell contract.
Soureewell will be paid $1000 for each chassis and must be sold with Henderson base equipment as identified oil
theHenderson 'rurnkey Pack Price List. Any additional "Henderson products and services" selected with a
chassis sale, above and beyond the stated base models, are subject to the 2% administration fee as described in
the above paragrapli.
Industry -Specific Questions
19) Describe the features of your proposed solution(s) that address serviceability (pails availability,
maintenance, repairs, support, etc.) and which you believe are "vendor differentiators."
Henderson Wilizes six (6) strategic�ally located Installation and ffistributution Centers (IDC) that
provide service and parts support. An extensive parts inventory is maintained at each location.
Technical support is provided both on-line and by our toll-free number (800-3594970) Henderson
integrates into each installation, the Henderson "Power Plus" power distribution panel to shnpfify and
standardize installation wiring for ease of identification when troubleshooting lighting, control circuits
and other electronic accessories. Field service and repair support is provided by our Installation and
Distribution Centers or Henderson dealer depending on customer location.
20) Describe any manufacturing processes or material specification attributes that differentiate your offered
solutions.
Henderson provides an integrated turnkey solution s1weializing in the design, manufacture and up -M
of multi-purpose equipment for heavy duty work trucks utilized in snow and ice control operations,
Henderson is unique hi that it designs and manufactures the bodies, plows, wing systems, spreaders and
liquid application equipment it installs on (lie chassis. More than 1000 chassis per year are upfit at
Henderson's six (6) installation locations. Henderson has design and continuous improvement
engineering staff located at our Installation Centers and Manufacturing Plant. to provide a high quality,
engineered -to -chassis equipment product and installation. Henderson has developed strong strategic
relationships with our key industry suppliers and chassis OEM partners to improve equipment and
installation integration and lead-finies, Henderson has strived to improve it's lead-thnes for both stand
alone equipment and complete(( chassis turnkey to less than 60 days.
21) State the extent to which the solutions that you propose are compliant with standards or requirements in
the US, Canada, and/or applicable in the various states and provinces. Identify all related certifications or
Accreditations.
Henderson is a long lean NTEA (since 1988) and NTEA MVP nNember. As an 1"v 11 inember,
Henderson inust have 201Vo or niore of our employees certified in welding, in0allations, inachille
operations, all(] hydraulic/electrical installation/repairs. Henderson is registered with the N11TSA
(National Highway Traffic Safety Administration) and provides certification documentation by chassis
Vin numberas as final stage manufficlurer.
22) Provide any market data or research supporting the longevity or reliability of your proposed solutions.
Hendeison continues to innovate our products. Testimony to 1he longevity and reflability of our
products would be larger fleet customers that have long term purchase through renewal of long term
contracts; customers include: Virginia DOI I , Maryland State Highway, Kansas Turnpike, Colorado
DOT, Missouri Dur, Utah DOT and West Virginia State Highway.
Henderson was the first company to 'nail t1facture stainless steel dump bodies on a production basis.
Corrosion is as major issue oj% equipment in as snow and ice control application. Stainless Steel prevents
corrosion and increases the longevity of bodies oil chassis used in a snow and ice control application,
Stainless Steel is now utilized in more than 50% of Henderson dump and combination bodies.
Signature:
11011 Sievert I President
Form P6pos
'er Questionnaire
Date: August 6, 2018
DocuSign Envelope ID 70E8E9CE-93A1-4OF9-8E96-7DBO27E45EAA
FORM E
CONTRACT ACCEPTANCE ANIS AWARD
rp<a
ii -as
Sourcewell
elf
(Top portion of this form will be completed by Sourcewell if the vendor is awarded a contract. The vendor should'
complete the vendor authorized signatures as part of the RFP response,)
Sourcewell Contract : 080818 -HPI
Proposer's full legal name: Henderson Products Inc.
Based on Sourcewell's evaluation of your proposal, you have been awarded a contract, As an awarded vendor, you
agree to provide the products and services contained in your proposaland to meet all of the terms and conditions set
forth in this RFP, in any amendments to this RFP, and in any exceptions that are accepted by Sourcewell.
The effective date of the Contract will be October 29, 2018 and will expire on October 29, 2022 (no later than the later
of four years from the expiration date of the currently awarded contract or four years from the date that the Sourcewell
Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at Sourceell's
discretion,
%W0ji Authorized Signatures:
SOURCEWELL DIRECTOR OF OPERATIONS AND
PROCUREMENT/CPQ SIGNATURE
@acUSigned bq:
SCJ�IT�C����I.�I���XECUTIWE DIRECTC3R/CEC3 SIGNATURE
Awarded on October 22, 2018
Vendor Authorized Signatures:
Jeremy Schwartz
(NAME PRINTED JR TYPED)
Chad Coauette
(NAME PRINTED OR TYPEDI
Sourcewell Contract tt 080818 -HPI
The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments.
Vendor Name 141'AJ f:; -Lee.. TS i ADO. .
Authorized Signatory's Title 61 ,C e --lel- bT r A 00_ :_
VENDOR AUTLI )RIZ . Je 9ATURE
(NAME PRINTED OR TYPED)
Executed on be.'r, A-9 , 201 E Sourcewell Contract # 0'80818 -HPI
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Sourcewellsm
Formerly the National Joint Powers Alliance (NJPA)
REQUEST FOR PROPOSAL
for the procurement of
SNOW AND ICE HANDLING EQUIPMENT, SUPPLIES, AND
ACCESSORIES
RFP Opening
AUGUST 9, 2018
8:30 a.m. Central Time
At the offices of
Sourcewell
20212 th Street Northeast, Staples, NIN 56479
Sourcewell, formerly the National Joint Powers Alliance® (NJPA), on behalf of Sourcewell and its current and potential
member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government,
and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP)
to result in a national contract solution for the procurement of 4080818 SNOW AND ICE HANDLING EQUIPMENT,
SUPPLIES, AND ACCESSORIES. Details of this RFP are available beginning June 21, 2018. Details may be obtained by
letter of request to Kim Austin, Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at
RFP(asourcewell-mn.gov. Proposals will be received until August 8, 2018 at 4:30 p.m. Central Time at the above address
and opened August 9, 2018 4t 8:30 a.m. Central Time.
June 21, 2018 Pu 11 mn::a tki n cif i° :IIJt VP in the print and online version of EVA T odl in the print and online version of
the IVa t Lake News within the State of Utah, in the print and online version of the Daity Journal of
Commerce within the State of Oregon (note: OR entitles this pertains to: www.sourcewell-
mn.gov/compliance-legal/oregon-advei-tising and also RFP Appendix ), in the print and online
version of T'he kate within te State of South Carolina, the Sourcewell website, MERX,
PubliePurchase.com, Biddingo, and Onvia.
July 26, 2018 (the we east/conference call). The connection information will be sent to
10:00 am. CT all inquirers two business days before the conference.
August 1, 2018 Diinadfiniin fcir [?II
August 8, 2018 Diiin::dfi niii, fcir "'�� u111111111 vskin cif III: rcipcisu is Late responses will be returned unopened.
4:30 p.m. CT
August 9, 2018 Pu111k:01111ii:milril" cill,I llIn°n:ill Jill isu'lIs"
8:30 a.m. CT
Direct questions regarding this RFP to: Kien Austin at kim.austin��sourcewell-mn.e ov or 218-895-4161.
TM _U, J,1s OE,,
2..
A. About Sourcewell
B. Joint Exercise of Powers Laws
C. Why Respond to a National Cooperative
Procurement Contract
D. The Intent of This RFP
E. Scope of This RFP
F. Expectations for Equipment/Products
and Services Being Proposed
G. Solutions Based Solicitation
A.
Contract
B.
Proposer
C.
Sourced Good of Open Market Item
D.
Vendor
2..
A. About Sourcewell
B. Joint Exercise of Powers Laws
C. Why Respond to a National Cooperative
Procurement Contract
D. The Intent of This RFP
E. Scope of This RFP
F. Expectations for Equipment/Products
and Services Being Proposed
G. Solutions Based Solicitation
01
E. Cost Comparison
F. Marketing Plan
G. Certificate Of Insurance
H. Order Process and/or Funds Flow
I. Administrative Fees
J. Value Added
K. Waiver of Formalities
'7,
F011, YOUP
1111,0110",;M1,
A.
A.
Inquiry Period
B.
Pre -Proposal Conference
C.
Identification of Key Personnel
D.
Proposer's Exceptions to Terms and
D.
Conditions
E.
Proposal Format
F.
Questions & Answers About This RFP
G.
Modification or Withdrawal of a
Submitted Proposal
H.
Proposal Opening Procedure
L
Sourcewell's Rights Reserved
1111,1l0N(ff
A.
Line -Item Pricing
B.
Percentage Discount From Catalog or
A.
Category
C.
Cost Plus a Percentage of Cost
D.
Hot List Pricing
E.
Ceiling Price
F.
Volume Price Discounts/
Assignment of Contract
Additional Quantities
G.
Total Cost of Acquisition
H.
Sourced Equipment/Products/
Captions, Headings, and Illustrations
Open Market Items
1.
Price and Product Changes
J.
Payment Terms
K.
Sales Tax
L.
Shipping
I.
A.
Proposal Evaluation Process
B.
Proposer Responsiveness
C.
Proposal Evaluation Criteria
D.
Other Consideration
01
E. Cost Comparison
F. Marketing Plan
G. Certificate Of Insurance
H. Order Process and/or Funds Flow
I. Administrative Fees
J. Value Added
K. Waiver of Formalities
'7,
011F1PA'1]NCf
A.
Subsequent Agreements
B.
Sourcewell Member Sign-up Procedure
C.
Reporting of Sales Activity
D.
Audits
E.
Hub Partner
F.
Trade -Ins
G.
Out of Stock Notification
H.
Termination of a Contract resulting from
this RFP
A.
Advertising a Contract Resulting From
This RFP
B.
Applicable Law
C.
Assignment of Contract
D.
List of Proposers
E.
Captions, Headings, and Illustrations
F.
Data Practices
G.
Entire Agreement
H.
Force Majeure
I.
Licenses
J.
Material Suppliers and Sub -Contractors
K.
Non -Wavier of Rights
L.
Protests of Awards Made
M.
Suspension or Disbarment Status
N.
Affirmative Action and Immigration
Status Certification
O.
Severability
P.
Relationship of Parties
Q.
Provisions for Non -Federal Entity
Procurements under Federal Awards or
Other Awards
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A.CONTRACT
Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the
Proposer's response pursuant to this RFP, and a fully executed Form E ("Acceptance and Award") with
final terms and conditions. Form E will be executed after a formal award and will provide final clarification
of terms and conditions of the award.
.PROPOSER
A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also
use the terms "respondent" or "proposed Vendor," which is interchangeable with Proposer as the context
allows.
C. SOURCED GOOD or OPEN MARKET ITE
A Sourced Good or Open Market Item is a product within the RFP's scope 1) that is not currently available
under the Vendor's Sourcewell contract, 2) that a member wants to buy under contract from an awarded
Vendor, and 3) that is generally deemed incidental to the total transaction or purchase of contract items.
D. VENDOR
A Proposer whose response has been awarded a contract pursuant to this RFP.
3
'U,IU,;V,i
2_1 Sourcewell advertises this solicitation: 1) in the hard copy print and online editions of the USA Today;
2) once each in Oregon's Daily Journal of Commerce, South Carolina's The State and Utah's Salt Lake
Tribune; 3) on Sourcewell's website; and 4) on other third -parry websites deemed appropriate by
Sourcewell. Other third -party advertisers may include Onvia, PublicPurchase.com, MERX, and Biddingo.
2_2 Sourcewell also notifies and provides solicitation documentation to each state -level procurement
departments for possible re -posting of the solicitation within their systems and at their option for future use
and to meet specific state requirements.
ll I°"�� 1"iii 11VJ 1l°"�d
A. ABOUT SOU CEWELL
3_1 Sourcewell, formerly the National Joint Powers Alliance® (NJPA) is a public agency serving as a
national municipal contracting agency established under the Service Cooperative statute by Minnesota
Legislative Statute § 123A.21 with the authority to develop and offer, among other services, cooperative
procurement services to its membership. Eligible membership and participation includes states, cities,
counties, all government agencies, both public and non-public educational agencies, colleges, universities
and non-profit organizations.
3_2 Under the authority of Minnesota state laws and enabling legislation, Sourcewell facilitates a
competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and
potential member agencies nationally. This process results in national procurement contracts with various
Vendors of products/equipment and services which Sourcewell Member agencies desire to procure. These
procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws.
A complete listing of Sourcewell cooperative procurement contracts can be found at www.sourcewell-
3_3 Sourcewell is a public agency governed by publicly elected officials that serve as the Sourcewell Board
of Directors. Sourcewell's Board of Directors oversees and authorizes the calls for all new proposals and
holds those resulting Contracts for the benefit of its own and its Members use.
3_4 Sourcewell currently serves over 50,000 member agencies nationally. Both membership and utilization
of Sourcewell contracts continue to expand, due in part to the increasing acceptance of Cooperative
Purchasing throughout the government and education communities nationally.
. JOINT EXERCISE OF POWERS LAWS
3_5 Sourcewell cooperatively shares those contracts with its Members nationwide through various Joint
Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and
Canadian provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which
states "Two or more governmental units... may jointly or cooperatively exercise any power common to the
contracting parties..." This Minnesota Statute allows Sourcewell to serve Member agencies located in all
other states. Municipal agencies nationally can participate in cooperative purchasing activities under their
own state law. These laws can be found on our website at www.sourcewell-mn.gov/compliancg:legal.
3.5.1 For Members within the Commonwealth of Virginia, this RFP is intended to be a "joint
procurement agreement" as described in Vir. Code § 2.2-4304(A), and those Virginia Members
identified in Appendix C may agree to be a Joint Purchaser under this RFP.
3.5.2 For Members within Canada, this RFP is intended to include municipalities and publicly -
funded academic institutions, schools boards, health authorities, and social services (MASH
M
sectors). In addition this RFP is intended to include current and potential Members of the Rural
Municipalities of Alberta (RMA), and their represented Associations (SARM, SUMA and AMM).
3_6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well
as for Vendors of products/equipment and services in a variety of ways:
3.6.1 National cooperative contracts potentially save time and effort for municipal and public
agencies, who otherwise would have to solicit vendor responses to individual RFPs, resulting in
individual contracts, to meet the procurement needs of their respective agencies. Considerable time
and effort is also potentially saved by the Vendors who would have had to otherwise respond to
each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national
cooperative contract can potentially replace thousands of individual RFPs for the same
equipment/products/services that might have been otherwise advertised by individual Sourcewell
member agencies.
3.6.2 Sourcewell contracts offer our Members nationally leveraged volume purchasing discounts.
Our contract terms and conditions offer the opportunity for Vendors to recognize individual
member procurement volume commitment through additional volume based contract discounts.
3_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that
cooperative efficiencies will result in lower prices, better overall value, and considerable time savings.
3_8 The collective purchasing power of thousands of Sourcewell Member agencies nationwide offers the
opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by a Sourcewell
Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and
justified.
3_9 Sourcewell and its Members desire the best value for their procurement dollar as well as a competitive
price. Vendors have the opportunity to display and highlight value-added attributes of their company,
equipment/products and services without constraints of atypical individual proposal process.
D. THE INTENT OF THIS RFP
3.10. National contract awarded by Sourcewell: Sourcewell seeks the most responsive and responsible
Vendor relationship(s) to reflect the best interests of Sourcewell and its Member agencies. Through a
competitive proposal and evaluation process, the Sourcewell Proposal Evaluation Committee
recommends vendors for a national contract awarded by the action of the Sourcewell Chief Procurement
Officer. Sourcewell's primary intent is to establish and provide a national cooperative procurement
contract that offer opportunities for Sourcewell and our current and potential Member agencies
throughout the United States and Canada to procure quality product/equipment and services as desired
and needed. The contracts will be marketed nationally through a cooperative effort between the awarded
vendor(s) and Sourcewell. Contracts are expected to offer price levels reflective of the potential and
collective volume of Sourcewell and the nationally established Sourcewell membership base.
3.11 Beyond our primary intent, Sourcewell further desires to:
3.11.1 Award a four-year contract with a fifth -year contract option resulting from this RFP. Any
fifth -year extension is exercised at Sourcewell's discretion and results from Sourcewell's
contracting needs or from Member requests; this extension is not intended merely to
accommodate an awarded Vendor's request. If Sourcewell grants a fifth -year extension, it
may also terminate the contract (or cause it to expire) within the fifth year if the extended
contract is replaced by a resolicited or newly solicited contract. In exigent circumstances,
Sourcewell may petition Sourcewell's Board of Directors to extend the contract term
beyond five years. This rarely used procedure should be employed only to avoid a gap in
contract coverage while a replacement contract is being solicited;
3.11.2 Offer and apply any applicable technological advances throughout the term of a contract
resulting from this RFP;
3.11.3 Deliver "Value Added" aspects of the company, equipment/products and services as
defined in the "Proposer's Response";
3.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of Sourcewell
and Sourcewell Member agencies; and
3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is
deemed to be in the best interest of Sourcewell and the Sourcewell Member agencies.
3.12 Exclusive or Multiple Awards: Based on the scope of this RFP and on the responses received,
Sourcewell may award either an exclusive contract or multiple contracts. In some circumstances, a single
national supplier may best meet the needs of Sourcewell Members; in other situations, multiple vendors
may be in the best interests of Sourcewell and the Sourcewell Members and preferred by Sourcewell to
provide the widest array of solutions to meet the member agency's needs. Sourcewell retains sole discretion
to determine which approach is in the best interests of Sourcewell Member agencies.
3.13 Non -Manufacturer Awards: Sourcewell reserves the right to make an award under this RFP to a
non -manufacturer or dealer/distributor if such action is in the best interests of Sourcewell and its Members.
3.14 Manufacturer as a Proposer: If the Proposer is a manufacturer or wholesale distributor, the response
received will be evaluated on the basis of a response made in conjunction with that manufacturer's
authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is
assumed to have a documented relationship with their dealer network where that dealer network is informed
of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of
the manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub -contractor of
the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and
its dealer network may be proposed at the time of the submission if that fact is properly identified.
3.15 Dealer/Reseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services
being proposed, the response will be evaluated based on the Proposer's authorization to provide those
products and services from their manufacturer. When requested by Sourcewell, Proposers must document
their authority to offer those products and/or services.
E. SCOPE OF THIS RFP
3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer,
provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through
our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and
responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest
valued solutions which meet and/or exceed the current and future needs and requirements of Sourcewell
and its Member agencies nationally within the scope of SNOW AND ICE HANDLING EQUIPMENT,
SUPPLIES, AND ACCESSORIES.
3.17 Additional Scope Definitions: In addition to SNOW AND ICE HANDLING EQUIPMENT,
SUPPLIES, AND ACCESSORIES, this solicitation should be read to include, but not to be limited to:
3.17.1 The following equipment, supplies, and accessories for snow and ice handling:
3.17.1.1 Plows, blades, wings, blowers, brooms, spreader or sprayer systems for the
application of de-icing or anti -icing solids or liquids, and snow melters;
3.17.1.2 Dump bodies, specialty equipment, and air or hydraulic systems, related to
upfitting or modification for snow and ice handling; and,
3.17.1.3 Parts, supplies, and accessories, related to the upkeep, repair, or maintenance of
the equipment described in §3.17.1.1 or §3.17.1.2 above, such as blade edges, cutting
edges, replacement brooms, etc.
3.17.2 A Proposer may elect to offer an equipment -only solution (RFP §3.23.3.1), a turn -key
solution (RFP §3.23.3.2), or an alternative solution. Generally a turn -key solution is most desirable
to Sourcewell and its Members, however, it is not mandatory or required.
3.17.3 Sourcewell reserves the right to limit the scope of this solicitation for Sourcewell and
current and potential Sourcewell member agencies.
3.17.3.1 Respondent's proposal may include no more than an incidental offering of
airport -specific snow and ice -handling equipment. Respondent'snp •mart' offerings must
be the equipment identified in sub -section 3.17.1 above and designed for other than
airport -specific applications.
3.17.3.2 This solicitation should NOT be construed to include any of the following:
a. Equipment, supplies, or accessories intended for sidewalk or walking path
snow and ice handling (see Sourcewell RFP 4062117)
b. De-icing or anti -icing supplies and related off -vehicle equipment (e.g., solids,
liquids, and off -vehicle solids or liquids mixing and storage equipment);
c. Salt or sand storage structures;
d. Skid steers or mini -excavators (see Sourcewell RFP 4042815);
e. Chassis -only solutions (see Sourcewell RFP 4081716);
f. Ag tractors (see Sourcewell RFP 4021815).
3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/
products/services submitted as a part of your response, and whether inclusion of such will fall within a
"Scope of Proposal," please consider the validity of an inverse statement.
3.18.1 For example, pencils and post -it -notes can generally be classified as office supplies and
office supplies generally include pencils and post -it -notes.
3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies;
however, the scope of office supplies does not generally include computer servers and
infrastructure.
3.18.3 In conclusion: With this in mind, individual products and services must be examined
individually by Sourcewell, from time to time and in its sole discretion, to determine their
compliance and fall within the original "Scope" as intended by Sourcewell.
3.19 Best and Most Responsive — Responsible Proposer: It is the intent of Sourcewell to award a Contract
to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection
of equipment/products and services meeting the commonly requested specifications of Sourcewell and
Sourcewell Members, provided the Proposer's Response has been submitted in accordance with the
requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and
requirements of Sourcewell and Sourcewell member agencies; demonstrate the knowledge of any and all
7
applicable industry standards, laws and regulations; and possess the willingness and ability to distribute,
market to and service Sourcewell Members in all 50 states are preferred. Sourcewell requests proposers
submit their entire product line as it applies and relates to the scope of this RFP.
3.20 Sealed Proposals: Sourcewell will receive sealed proposal responses to this RFP in accordance with
accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law.
Awards may be made to responsible and responsive Proposers whose proposals are determined in writing
to be the most advantageous to Sourcewell and its current or qualifying future Sourcewell Member
agencies.
3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding
that it is for the sole convenience of Sourcewell and its Members. Sourcewell and/or its members reserve
the right to obtain like equipment/products and services solely from this contract or from another contract
source of their choice or from a contract resulting from their own procurement process.
3.22 Awarded Vendor's interest in a contract resulting from this RFP: Awarded Vendors will be able
to offer to Sourcewell, and current and potential Sourcewell Members, only those products/equipment and
services specifically awarded on their Sourcewell Awarded Contract(s). Awarded Vendors may not offer
as "contract compliant," products/equipment and services which are not specifically identified and priced
in their Sourcewell Awarded Contract.
3.23 Sole Source of Responsibility- Sourcewell desires a "Sole Source of Responsibility" Vendor. This
means that the Vendor will take sole responsibility for the performance of delivered equipment/products/
services. Sourcewell also desires sole responsibility with regard to:
3.23.1 Scope of Equipment/Products/Services: Sourcewell desires a provider for the broadest
possible scope of products/equipment and services being proposed over the largest possible
geographic area and to the largest possible cross-section of Sourcewell current and potential
Members.
3.23.2 Vendor use of sub -contractors in sourcing or delivering equipment/product/services:
Sourcewell desires a single source of responsibility for equipment/products and services proposed.
Proposers are assumed to have sub -contractor relationships with all organizations and individuals
whom are external to the Proposer and are involved in providing or delivering the
equipment/products/services being proposed. Vendor assumes all responsibility for the
equipment/products/services and actions of any such Sub -Contractor. Suggested Solutions Options
include:
3.23.3 Multiple solutions to the needs of Sourcewell and Sourcewell Members are possible.
Examples could include:
3.23.3.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be
appropriate for situations where Sourcewell or Sourcewell Members possess the ability,
either in-house or through local third party contractors, to properly install and bring to
operation those equipment/products being proposed.
3.23.3.2 Turn -Key Solutions: A Turn -Key Solution is a combination of
equipment/products and services that provides a single price for equipment/products,
delivery, and installation to a properly operating status. Generally this is the most desirable
solution because Sourcewell and Sourcewell Members may not possess, or desire to
engage, personnel with the necessary expertise to complete these tasks internally or through
other independent contractors
3.23.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers may
offer the choice "of good, better, best" multiple -grade solutions to meet Sourcewell
Members' needs.
3.23.3.4 Proven — Accepted — Leading -Edge Technology: Where appropriate and
properly identified, Proposers may provide a spectrum of technology solutions to
complement or enhance the proposed solutions to meet Sourcewell Members' needs.
3.23.4 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting
the entire needs of Sourcewell and its Members within the scope of this RFP. Sourcewell prefers
Proposers submit their complete product line of products and services described in the scope of this
RFP. Sourcewell reserves the right to reject individual, or groupings of specific equipment/products
and services proposals as a part of the award.
3.24 Geographic Area to be Proposed: This RFP invites proposals to provide SNOW AND ICE
HANDLING EQUIPMENT, SUPPLIES, AND ACCESSORIES Ito Sourcewell and Sourcewell Members
throughout the entire United States and possibly internationally. Proposers will be expected to express
willingness to explore service to Sourcewell Members located abroad; however the lack of ability to serve
Members outside of the United States will not be cause for non -award. The ability and willingness to serve
Canada, for instance, will be viewed as a value-added attribute.
3.25 Contract Term: At Sourcewell's option, a Contract resulting from this RFP will become effective
either on the date awarded by the Sourcewell Executive Director and Chief Procurement Officer or on the
day following the expiration date of an existing Sourcewell procurement contract for the same or similar
product/equipment and services.
3.25.1 Sourcewell is seeking a Contract base term of four years as allowed by Minnesota
Contracting Law. Full term is expected. However, one additional one-year renewal/extension may
be offered by Sourcewell to Vendor beyond the original four year term if Sourcewell deems such
action to be in the best interests of Sourcewell and its Members. Sourcewell reserves the right to
conduct periodic business reviews throughout the term of the contract.
3.26 Minimum Contract Value: Sourcewell anticipates considerable activity resulting from this RFP and
subsequent award; however, no commitment of any kind is made concerning actual quantities to be
acquired. Sourcewell does not guarantee usage. Usage will depend on the actual needs of the Sourcewell
Members and the value of the awarded contract.
3.27 [This section is intentionally blank.]
3.28 Contract Availability: This Contract must be available to all current and potential Sourcewell
Members who choose to utilize this Sourcewell Contract to include all governmental and public agencies,
public and private primary and secondary education agencies, and all non-profit organizations nationally.
3.28.1 With respect to Members within the Commonwealth of Virginia, this RFP is intended to
be a "joint procurement agreement" as described in Vir. Code § 2.2-4304(A), and those Virginia
Members identified in Appendix C must be allowed to use this Contract as a Joint Purchaser.
3.28.2 For Members within Canada, this RFP is intended to include municipalities and publicly -
funded academic institutions, schools boards, health authorities, and social services (MASH
sectors). In addition this RFP is intended to include current and potential Members of the Rural
Municipalities of Alberta (RMA), and their represented Associations (SARM, SUMA and AMM).
3.29 Proposer's Commitment Period: In order to allow Sourcewell the opportunity to evaluate each
proposal thoroughly, Sourcewell requires any response to this solicitation be valid and irrevocable for
ninety (90) days after the date proposals are opened.
E
F. EXPECTATIONS FOR U ENT/PO UC S AND SERVICES BEING PROPOSED
3.30 Industry Standards: Except as contained herein, the specifications or solutions for this RFP
shall be those accepted guidelines set forth by the SNOW AND ICE HANDLING EQUIPMENT,
SUPPLIES, AND ACCESSORIES industry, as they are generally understood and accepted within that
industry across the nation. Submitted products/equipment, related services and accessories, and their
warranties and assurances are required to meet and/or exceed all current, traditional and anticipated
standards, needs, expectations, and requirements of Sourcewell and its Members.
3.30.1 Deviations from industry standards must be identified by the Proposer and
explained how, in their opinion, the equipment/products and services they propose will render
equivalent functionality, coverage, performance, and/or related services. Failure to detail all such
deviations may comprise sufficient grounds for rejection of the entire proposal.
3.30.2 Technical Descriptions/Specifications. Excessive technical descriptions and specifications
that unduly enlarge the proposal response may cause Sourcewell to reduce the evaluation points
awarded on Form G. Proposers must supply sufficient information to:
3.30.2.1 demonstrate the Proposer's knowledge of industry standards and Member agency
needs and expectations;
3.30.2.2 Identify the equipment/products and services being proposed as applicable to the needs
and expectations of Sourcewell Member agencies; and
3.30.2.3 differentiate equipment/products and services from other industry manufacturers and
providers.
3.31 New Current Model Equipment/Products: Proposals submitted shall be for new, current model
equipment/products and services with the exception of certain close-out products allowed to be offered on
the Proposer's "Hot List" described herein.
3.32 Compliance with laws and standards: All items supplied on this Contract shall comply with any
current applicable safety or regulatory standards or codes.
3.33 Delivered and operational: Products/equipment offered herein are to be proposed based upon being
delivered and operational at the Sourcewell Member's site. Exceptions to "delivered and operational" must
be clearly disclosed in the "Total Cost of Acquisition" section of the proposal.
3.34 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under
this Contract shall be covered by the industry standard or better warranty. All products and equipment
should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The
Proposer has the primary responsibility to submit product specific warranty as required and accepted by
industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over
warranty's terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration
of the warranty will be passed on to the Sourcewell member. Failure to submit a minimum warranty may
result in non -award.
3.35 Additional Warrants: The Proposer warrants that all products/equipment and related services
furnished hereunder will be free from liens and encumbrances; defects in design, materials, and
workmanship; and will conform in all respects to the terms of this RFP including any specifications or
standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable
for and will perform in accordance with the ordinary use for which they are intended.
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10
3.36 The Sourcewell solicitation and contract award process is not based on detailed specifications. Instead,
this RFP is a "Solutions -Based Solicitation." Sourcewell expects respondents to understand and anticipate
the current and future needs of Sourcewell and its members—within the scope of this RFP—and to propose
solutions that are commonly desired or required by law or industry standards. Proposal will be evaluated in
part on your demonstrated ability to meet or exceed the needs and requirements of Sourcewell and our
member agencies within the defined scope of this RFP.
3.37 While Sourcewell does not typically provide product and service specifications, the RFP may contain
scope refinements and industry -specific questions. Where specific items are specified, those items should
be considered the minimum required, which the proposal can exceed in order to meet Members' needs.
Sourcewell may award all of the respondent's proposal or may limit the award to a subset of the proposal.
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4_1 The inquiry period begins on the date of first advertisement and continues until to the Deadline for
Submission." RFP packages will be distributed to potential Vendors during the inquiry period.
4_2 A pre -proposal conference will be held at the date and time specified in the timeline on page one of this
RFP. Conference information will be sent to all potential Proposers, and attendance is optional. The purpose
of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell's
competitive contracting process. Only asnwers issued by written addendum by Sourcewell to questions
asked before the deadline for questions are binding on the parties to an awarded contract.
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4_3 Awarded Vendors will designate one senior staff member to represent the Vendor to Sourcewell. This
contact person will correspond with members for technical assistance, questions, or concerns that may arise,
including instructions regarding different contacts for different geographical areas or product lines.
4_4 These designated individuals should also act as the primary contact for marketing, sales, and any other
area deemed essential by the Proposer and Sourcewell.
D. O OSE 'S EXCEPTIONS TO TERMS AND CONDITIONS
4_5 Any exceptions, deviations, or contingencies regarding this RFP that a Proposer requests must be
documented on Form C, Exceptions To Proposal, Terms, Conditions And Solutions Request.
4_6 Exceptions, deviations or contingencies requested in the Proposer's response, while possibly necessary
in the view of the Proposer, may result in lower scoring or disqualification of a proposal.
E. PROPOSAL FORMAT
4_7 All Proposers must examine the entire RFP package to seek clarification of any item or requirement
that may not be clear and to check all responses for accuracy before submitting a proposal.
4_8 All proposals must be properly labeled and sent to "Sourcewell, 202 12th Street NE Staples, MN
56479."
11
4_9 All proposals must be physically delivered to Sourcewell at the above address with all required hard
copy documents and signature forms/pages inserted as loose pages at the front of the Vendor's response.
The proposal must include these items.
4.9.1 Hard copy original of completed, signed, and dated Forms C, D, F; hard copy of the signed
signature -page only from Forms A and P from this RFP;
4.9.2 Signed hard copies of all addenda issued for the RFP;
4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP; and
4.9.4 A complete copy of your response on a flash drive (or other approved electronic
means). The electronic copy must contain completed Forms A, B, C, D, F, and P, your statement
of products and pricing (including apparent discount), and all appropriate attachments. In order to
ensure that your full response is evaluated, you must provide an electronic version of any material
that you provide in a hard copy format.
As a public agency, Sourcewell's proposals, responses, and awarded contracts are a matter of public
record, except for such data that is classified as nonpublic. Accordingly, public data is available for
review through a properly submitted public records request. To redact nonpublic information from
your proposal (under Minnesota Statute §13.37), you must make your request within thirty (30)
days of the contract award or non -award date.
4.10 All Proposal forms must be submitted in English and must be legible. All appropriate forms must be
executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures.
4.11 Proposal submissions should be submitted using the electronic forms provided. Proposers that use
alternative documents are responsible for ensuring that the content is substantially similar to the Sourcewell
form and that the document is readable by Sourcewell.
4.12 The Proposer must ensure that the proposal is in the physical possession of Sourcewell before the
submission deadline.
4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to Sourcewell
and prominently identifying the proposal number, proposal category name, the message "Hold for
Proposal Opening," and the deadline for proposal submission. Sourcewell is not responsible for
untimely proposals. Proposals received by the deadline for proposal submission will be opened
and the name of each Proposer and other appropriate information will be publicly read.
4.13 Proposers are responsible for checking directly on the Sourcewell website for any addendums to this
RFP. Addendums to this RFP can change the terms and conditions of the RFP, including the proposal
submission deadline.
F. QUESTIONS AND ANSWERS ABOUT THIS
4.14 Upon examination of this RFP document, Proposers should promptly notify Sourcewell of any
ambiguity, inconsistency, or error they may discover. Interpretations, corrections, and changes to this RFP
will be considered by Sourcewell through a written addendum. Interpretations, corrections, or changes that
are made in any other manner are not binding, and Proposers must not rely on them.
4.15 Submit all questions about this RFP, in writing, referencing (SNOW AND ICE HANDLING
EQUIPMENT, SUPPLIES, AND ACCESSORIES to Kim Austin at Sourcewell, 202 12th Street NE,
Staples, MN 56479 or to RFP(a sourcewell-mn.gov. You may also call Kim Austin at 218-895-4161.
Sourcewell urges potential Proposers to communicate all concerns well in advance of the submission
deadline to avoid misunderstandings. Questions received within seven (7) days before the submission
12
deadline generally cannot be answered. Sourcewell may, however, field purely procedural questions,
questions about Sourcewell-issued addenda, or questions involving a Proposer withdrawing its response
before the RFP submission deadline.
4.16 If Sourcewell deems that its answer to a question has a material impact on other potential Proposers
or on the RFP itself, Sourcewell will create an addendum to this RFP.
4.17 If Sourcewell deems that its answer to a question merely clarifies the existing terms and conditions
and does not have a material impact on other potential Proposers or the RFP itself, no further documentation
of that question is required.
4.18 Addenda are written instruments issued by Sourcewell that modify or interpret the RFP. All addenda
issued by Sourcewell become a part of the RFP. Addenda will be delivered to all Potential Proposers using
the same method of delivery of the original RFP material. Sourcewell accepts no liability in connection
with the delivery of any addenda. Copies of addenda will also be made available on the Sourcewell website
at www.sourcewell-mn.�ov (under "Current and Pending Solicitations") and from the Sourcewell offices.
All Proposers must acknowledge their receipt of all addenda in their proposal response.
4.19 Any amendment to a submitted proposal must be in writing and must be delivered to Sourcewell by
the RFP submission deadline.
4.20 through 4.21 [These sections are intentionally blank.]
G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED O OSAL
4.22 A submitted proposal must not be modified, withdrawn, or cancelled by the Proposer for a period of
ninety (90) days following the date proposals were opened. Before the deadline for submission of
proposals, any proposal submitted may be modified or withdrawn by notice to the Sourcewell
Procurement Manager. Such notice must be submitted in writing and must include the signature of the
Proposer. The notice must be delivered to Sourcewell before the deadline for submission of proposals and
must be so worded as not to reveal the content of the original proposal. The original proposal will not be
physically returned to the potential Proposer until after the official proposal opening. Withdrawn
proposals may be resubmitted up to the time designated for the receipt of the proposals if they fully
conform with the proposal instructions.
H. PROPOSAL OPENING PROCEDURE
4.23 Sealed and properly identified responses for this RFP entitled SNOW AND ICE HANDLING
EQUIPMENT, SUPPLIES, AND ACCESSORIES will be received by Chris Robinson, Procurement
Manager, at Sourcewell Offices, 202 12th Street NE, Staples, MN 56479 until the deadline identified on
page one of this RFP. All Proposal responses must be submitted in a sealed package. The outside of the
package must plainly identify SNOW AND ICE HANDLING EQUIPMENT, SUPPLIES, AND
ACCESSORIES and the RFP number. To avoid premature opening, the Proposer must label the Proposal
response properly. Sourcewell documents the receipt of proposals by immediately time- and date -
stamping them. At the time of the public opening, the Sourcewell Director of Procurement or a
representative from the Sourcewell Proposal Evaluation Committee will read the Proposer's names aloud
and will determine whether each submission has met Level -1 responsiveness.
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4.24 Sourcewell may exercise the following rights with regard to the RFP.
4.24.1 Reject any and all proposals received in response to this RFP;
4.24.2 Disqualify any Proposer whose conduct or proposal fails to conform to the requirements of this
RFP;
13
4.24.3 Duplicate without limitation all materials submitted for purposes of RFP evaluation, and
duplicate all public information in response to data requests regarding the proposal;
4.24.4 Consider and accept for evaluation a late modification of a proposal if 1) the proposal itself was
submitted on time, 2) the modifications were requested by Sourcewell, and 3) the modifications make
the terms of the proposal more favorable to Sourcewell or its members;
4.24.5 Waive any non -material deviations from the requirements and procedures of this RFP;
4.24.6 Extend the Contract, in increments determined by Sourcewell, not to exceed a total Contract
term of five years;
4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to
Sourcewell;
4.24.8 Correct or amend the RFP at any time with no cost or penalty to Sourcewell. If Sourcewell
corrects or amends any segment of the RFP after submission of proposals and before the announcement
of the awarded Vendor, all proposers will be afforded a reasonable opportunity to revise their proposals
in order to accommodate the RFP amendment and the new submission dates. Sourcewell will not be
liable for any errors in the RFP or other responses related to the RFP; and
4.24.9 Extend proposal due dates.
5_1 Sourcewell requests that potential Proposers respond to this RFP only if they are able to offer a wide
array of products and services at lower prices and with better value than what they would ordinarily offer
to a single government agency, a school district, or a regional cooperative.
5_2 This RFP requests pricing for an indefinite quantity of products or related services with potential
national sales distribution and service. While most RFP categories represent significant sales opportunities,
Sourcewell makes no guarantees about the quantity of products or services that members will purchase.
The estimated annual value of this contract is $30 Million.
Vendors are expected to anticipate additional volume through potential government, educational, and not-
for-profit agencies that would find value in a national contract awarded by Sourcewell.
5_3 Regardless of the payment method selected by Sourcewell or an Sourcewell member, the total cost
associated with any purchase option of the products and services must always be disclosed in the proposal
and at the time of purchase.
5_4 All proposers must submit "Primary Pricing" in the form of either "Line -Item Pricing," or "Percentage
Discount from Catalog Pricing," or a combination of these pricing strategies. Proposers are also encouraged
to offer optional pricing strategies such as "Hot List," "Sourced Products," and "Volume Discounts," as
well as financing options such as leasing. All pricing documents should include a clear effective date.
A. LINE -ITEM PRICING
5_5 Line -item pricing is a pricing format in which individual products or services are offered at specific
Contract prices. Products or services are individually priced and described by characteristics such as
manufacture name, stock or part number, size, or functionality. This method of pricing may offer the least
amount of confusion, but Proposers with a large number of items may find this method cumbersome. In
these situations, a percentage discount from catalog or category pricing model may make more sense and
may increase the clarity of the contract pricing format.
14
5_6 All line -item pricing items must be numbered, organized, sectioned (including SKUs, when applicable),
and prepared to be easily understood by the Evaluation Committee and members.
5_7 Submit Line -Item Pricing items in an Excel spreadsheet format and include all appropriate identification
information necessary to discern the line item from other line items in each Responder's proposal.
5_8 Line -item pricing must be submitted to Sourcewell in a searchable spreadsheet format (e.g., Microsoft®
Excel®) in order to facilitate quickly finding any particular item of interest. For that reason, Proposers are
responsible for providing the appropriate product and service identification information along with the
pricing information that is typically found on an invoice or price quote for such product or services.
5_9 All products or services typically appearing on an invoice or price quote must be individually priced
and identified on the line -item price sheet, including any and all ancillary costs.
5.10 Proposers should provide both a published "List Price" as well as a "Proposed Contract Price" in their
pricing matrix. Published List Price will be the standard "quantity of one" price currently available to
government and educational customers, excluding cooperative and volume discounts.
B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY
5.11 This pricing model involves a specific percentage discount from a catalog or list price, defined as a
published Manufacturer's Suggested Retail Price (MSRP) for the products or services being proposed.
5.12 Individualized percentage discounts can be applied to any number of defined product groupings.
5.13 A percentage discount from MSRP may be applied to all elements identified in MSRP, including all
manufacturer options applicable to the products or services.
5.14 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be
responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must
be included in its proposal and provided throughout the term of any Contract resulting from this RFP.
C. COST PLUS A PERCENTAGE OF COST
5.15 "Cost plus a percentage of cost" as a primary pricing mechanism is not desirable. It is, however,
acceptable for pricing sourced goods or services.
D. ®T LIST PRICING
5.16 Where applicable, a Vendor may opt to offer a specific selection of products or services, defined as
"Hot List" pricing, at greater discounts than those listed in the standard Contract pricing. All product and
service pricing, including the Hot List Pricing, must be submitted electronically in a format that is
acceptable to Sourcewell. Hot List pricing must be submitted in a line -item format. Products and services
may be added or removed from the Hot List at any time through an Sourcewell Price and Product Change
Form.
5.17 Hot List program and pricing may also be used to discount and liquidate close-out and discontinued
products and services as long as those close-out and discontinued items are clearly labeled as such. Current
ordering process and administrative fees apply. This option must be published and made available to all
Sourcewell Members.
E. CEILING PRICE
15
5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed products or
services be offered under this Contract at prices above this ceiling price without a specific request and
approval by Sourcewell. Contract prices may be reduced at any time, for example, to reflect volume
discounts or to meet the needs of an Sourcewell Member.
5.19 [This section is intentionally blank.]
F. VOLUME CE DISCOUNTS / ADDITIONAL UAN I IES
5.20 through 5.23 [These sections are intentionally blank.]
G. TOTAL COST OF ACQUISITION
5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed,
including those payable by Sourcewell Members to either the Proposer or a third party, is the cost of the
proposed equipment/products product/equipment and related services delivered and operational for its
intended purpose in the end -user's location. For example, if you are proposing equipment/products FOB
Proposer's dock, your proposal should reflect that the contract pricing does not provide for delivery beyond
Proposer's dock, nor any set-up activities or costs associated with those delivery or set-up activities. Any
additional costs for delivery and set-up should be clearly disclosed. In contrast, a proposal could state that
there are no additional costs of acquisition if the product is delivered to and operational at the end -user's
location.
H. SOURCED GOOD or OPEN MARKET ITE
5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that
is not currently available under the Vendor's Sourcewell contract. This method of procurement can be
satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract
solution to meet our members' needs. Sourced items are generally deemed incidental to the total transaction
or purchase of contract items.
5.26 Sourcewell or Sourcewell Members may request products, equipment, and related services that are
within the related scope of this RFP, even if they are not included in an awarded Vendor's line -item price
list or catalog. These items are known as Sourced Goods or Open Market Items.
5.27 An awarded Vendor may source such items to the extent that the items are identified as "Sourced
Products/Equipment" or "Open Market Items" on any quotation issued in reference to an Sourcewell
awarded contract, and that this information is provided to either Sourcewell or an Sourcewell Member.
Sourcewell is not responsible for determining whether a Sourced Good is an incidental portion of the overall
purchase or whether a Member is able to consider a Sourced Good a purchase under a Sourcewell contract.
5.28 "Cost plus a percentage" pricing is an acceptable option in pricing of Sourced Goods.
1. PRODUCT & PRICE CHANGES
5.29 Awarded Vendors may request product or service changes, additions, or deletions at any time
throughout the contract term. All requests must be made in written format by completing the Sourcewell
Price and Product Change Request Form (located at the end of this RFP and on the Sourcewell website),
signed by an authorized Vendor representative. All changes are subject to review and approval by
Sourcewell. Submit your requests through email to your assigned Contract Manager and to
PandP(a sourcewell-mn.gov.
5.30 Sourcewell will determine whether the request is both within the scope of the original RFP and in the
best interests of Sourcewell and Sourcewell Members. Approved Price and Product Change Request Forms
will be returned to the Vendor contact through email.
16
5.31 The Vendor must 1) complete this change request form and individually list or attach all items subject
to change, 2) provide a sufficiently detailed explanation and documentation for the change, and 3) include
a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document
must identify all products and services being offered and must conform to the following Sourcewell product
and price change naming convention: (Vendor Name) (Sourcewell Contract 4) (effective pricing date); for
example, "COMPANY 012411-CPY effective 02-12-2016."
5.32 The new pricing restatement must include all products and services offered, even for those items
whose pricing remains unchanged, and must include a new effective date on the pricing documents. This
requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a
historical record of pricing.
5.33 ADDITIONS. New products and related services may be added to a Contract resulting from this RFP
at any time during that Contract term to the extent that those products and related services are within the
scope of this RFP. Allowable new products and related services generally include updated models of
products and enhanced services that reflect new technology and improved functionality.
5.34 DELETIONS. New products and related services may be deleted from a contract if an item is no
longer available.
5.35 PRICE CHANGES. A Vendor may request pricing changes by providing reasonable justification for
the change. For example, a request for a 3% increase in a product line that relies heavily on petroleum
products may be reasonable if the raw cost of required petroleum products has increased substantially.
Conversely, a request for a 3% increase in prices based only on a 3% increase in a cost -of -living index may
be considered unreasonable. Although Sourcewell is sensitive to the possibility of fluctuations in raw
material costs, prospective Vendors should make every reasonable attempt to account for normal cost
changes by proposing pricing that will be effective throughout the duration of the four-year Contract.
5.35.1 Price decreases: Sourcewell expects Vendors to propose their very best prices and
anticipates price reductions that are due to advancement in technology and marketplace
efficiencies.
5.35.2 Price increases: A Vendor must include reasonable documentation for price -increase
requests, along with both current and proposed pricing. Appropriate documentation should be
attached to the Price and Product Change Request Form, including letters from suppliers
announcing price increases. Price increases must not exceed the industry standard.
5.36 through 5.37 [These sections are intentionally blank.]
5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also
request the addition of new manufacturers or product lines to their Contract to the extent they remain within
the scope of this RFP.
5.39 through 5.43 [These sections are intentionally blank.]
K. SALES TAX
5.44 Sales and other taxes should not be included in the prices quoted. The Vendor will charge state and
local sales and other applicable taxes on items for which a valid tax -exemption certification has not been
provided. Each Sourcewell Member is responsible for providing verification of tax-exempt status to the
Vendor. When ordering, Sourcewell Members must indicate that they are tax-exempt entities. Except as
set forth herein, no party is responsible for taxes imposed on another party as a result of or arising from the
transactions under a Contract resulting from this RFP.
17
5.45 Shipping costs can constitute a significant portion of the overall cost of procurement. Consequently,
significant weight will be given to the quality of a prospective Vendor's shipping program. Shipping
charges should reasonably reflect the actual cost of shipping. Sourcewell understands that Vendors may use
other shipping cost methods for simplicity or for transparency. But to the extent that shipping costs are
determined to disproportionately increase a Vendor's profit, Sourcewell may reduce the points awarded in
the "Pricing" criteria.
5.46 through 5.47 [These sections are intentionally blank.]
5.48 All shipping and restocking fees must be identified in the price program. Certain industries providing
made-to-order products may not allow returns. Proposals will be evaluated not only on the actual costs of
shipping, but on the relative flexibility extended to Sourcewell Members relating to restocking fees,
shipping errors, customized shipping requirements, the process for rejecting damaged or delayed shipments,
and similar subjects.
5.49 through 5.50 [These sections are intentionally blank.]
5.51 Delivered products must be properly packaged. Damaged products may be rejected. If the damage is
not readily apparent at the time of delivery, the Vendor must permit the products to be returned within a
reasonable time at no cost to Sourcewell or Sourcewell Members. Sourcewell and Sourcewell Members
reserve the right to inspect the products at a reasonable time subsequent to delivery where circumstances
or conditions prevent effective inspection of the products at the time of delivery.
5.52 The Vendor must deliver Contract -conforming products in each shipment and may not substitute
products without the express approval from Sourcewell or the Sourcewell Member.
5.53 Sourcewell reserves the right to declare a breach of Contract if the Vendor intentionally delivers
substandard or inferior products that are not under Contract and described in its paper or electronic price
lists or sourced upon request of any Member under this Contract. In the event of the delivery of
nonconforming products, the Sourcewell Member will notify the Vendor as soon as possible and the Vendor
will replace nonconforming products with conforming products that are acceptable to the Sourcewell
member.
5.54 Throughout the term of the Contract, Proposer agrees to pay for return shipment on products that arrive
in a defective or inoperable condition. Proposer must arrange for the return shipment of the damaged
products.
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6_1 The Sourcewell proposal evaluation committee will evaluate proposals received based on a 1,000 point
evaluation system. The committee establishes both the evaluation criteria and designates the relative weight
of each criterion by assigning possible scores for each category on Form G of this RFP. The committee
may adjust the relative weight of the criteria for each RFP. (For example, if the "Warranty" criterion does
not apply to a particular RFP, the points normally awarded under "Warranty" may be used to increase the
number of potential points in another evaluation category or categories.) The "Pricing" criterion will contain
at least a plurality of points for every RFP.
6_2 Sourcewell uses a scoring system that gives primary importance to "Pricing." But pricing includes more
than just the absolute lowest initial cost of purchasing, for example, a particular product. Other
considerations include the total cost of the acquisition and whether the Proposer's offering represents the
best value. The evaluation committee may consider such factors as life -cycle costs, total cost of ownership,
quality, and the suitability of an offering in meeting Sourcewell Members' needs. Pricing points may be
awarded based on pricing clarity and ease of use. Sourcewell may also award points based on whether a
response contains exceptions, exclusions, or limitations of liabilities.
6_3 The Sourcewell Executive Director and Chief Procurement Officer will consider making awards to the
selected Proposer(s) based on the recommendations of the proposal evaluation committee. To qualify for
the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under
"Proposer Responsiveness," found just below.
B. PROPOSER S ONSIVENESS
6_4 All responses are evaluated for Level -One and Level -Two Responsiveness. If a response does not
substantially conform to substantially all of the terms and conditions in the solicitation, or if it requires
unreasonable exceptions, it may be considered nonresponsive.
6_5 All proposals must contain suitable responses to the questions in the proposal forms. The following
requirements must be satisfied in order to meet Level -One Responsiveness, which is typically ascertained
on the proposal opening date. If these standards are not met, your response may be disqualified as
nonresponsive.
6_6 Level -One Responsiveness means that the response
6.6.1 is received before the deadline for submission or it will be returned unopened;
6.6.2 is properly addressed and identified as a sealed proposal with a specific RFP number and
an opening date and time;
6.6.3 contains a pricing document (with apparent discounts) and all other forms fully completed,
even if "not applicable" is the answer;
6.6.4 includes the original (hard copy) completed, dated, and signed RFP forms C, D, and F. In
addition, the response must include the hard -copy signed signature page only from RFP
Forms A and P and, if applicable, all signed addenda that have been issued in relation to
this RFP;
6.6.5 contains an electronic (CD, flash drive, or other suitable) copy of the entire response; and
6_7 Level -Two Responsiveness (including whether the response is within the RFP's scope) is determined
while evaluating the remaining items listed under Proposal Evaluation Criteria below. These items are not
arranged in order of importance. Each item draws from multiple questions, and a Proposer's responses may
affect scoring in multiple evaluation criteria. For example, the answers to Industry -Specific Questions may
help determine scoring relative to a Proposer's marketplace success, ability to sell and service nationwide,
and financial strength. Any questions not answered without an explanation will likely result in a loss of
points and may lead to a nonaward if the proposal evaluation committee cannot effectively review your
response.
C. PROPOSAL EVALUATION CRITERIA
6_8 Forms A and P include a series of questions that address the following categories:
6.8.1 Company Information and Financial Strength
6.8.2 Industry Requirements and Marketplace Success
19
6.8.3 Ability to Sell and Deliver Service Nationwide
6.8.4 Marketing Plan
6.8.5 Other Cooperative Procurement Contracts
6.8.6 Value -Added Attributes
6.8.7 Payment Terms and Financing Options
6.8.8 Warranty
6.8.9 Equipment/Products/Services
6.8.10 Pricing and Delivery
6.8.11 Industry -Specific Questions
6_9 [This section is intentionally blank.]
D. OTHER CONSIDERATIONS
6.10 In evaluating RFP responses, Sourcewell has no obligation to consider information that is not provided
in the Proposer's response. Sourcewell may, however, consider additional information outside the
Proposer's response. This research may include such sources as the Proposer's website, industry
publications, listed references, and user interviews.
6.11 Sourcewell may organize RFP responses into separate classes or subcategories, depending on the range
of responses. For example, Sourcewell might receive numerous submissions for "Widgets and Related
Products and Services." Sourcewell may organize these responses into subcategories, such as manufacturers
of fully operational Widgets, manufacturers of component parts for Widgets, and providers of parts and
service for Widgets. Sourcewell reserves the right to award Proposers in some or all of such subcategories
without regard to the evaluation score given to Proposers in another subcategory. This specifically allows
Sourcewell to award Vendors that might not have, for instance, the breadth of products of Proposers in
another subcategory, but that nonetheless meet a substantial and articulated need of Sourcewell Members.
6.12 [This section is intentionally blank.]
6.13 Sourcewell reserves the right to request and test equipment/products and related services and to seek
clarification from Proposers. Before the Contract award, the Proposer must furnish the requested
information within three (3) days (or within another agreed -to time frame) or provide an explanation for
the delay along with a requested time frame for providing the requested information. Proposers must make
reasonable efforts to supply test products promptly. All Proposer products remain the property of the
Proposer, and Sourcewell will return such products after the evaluation process. Sourcewell may make
provisional contract awards, subject to a Proposer's proper response to a request for information or
products.
6.14 A Proposer's past performance under previously awarded contracts to schools, governmental agencies,
and not-for-profit entities is relevant in evaluating a Proposer's current response. Past performance includes
the Proposer's record of conforming to published specifications and to standards of good workmanship, as
well as the Proposer's history for reasonable and cooperative behavior and for commitment to Member
satisfaction. Incumbency as an awarded Vendor does not, by itself, merit positive consideration for a future
Contract award.
6.15 Sourcewell reserves the right to reject any or all proposals
E. COST COMPARISON
20
6.16 Sourcewell may use a variety of evaluation methods, including cost comparisons of specific products.
Sourcewell reserves the right to use this process when the proposal evaluation committee determines that
this will help to make a final determination.
6.17 This direct cost comparison process will award points for being low to high Proposer for each cost
evaluation item selected. A "Market Basket" of identical (or substantially similar) equipment/products and
related services may be selected by the proposal evaluation committee, and the unit cost will be used as a
basis for determining the point value. Sourcewell will select the "Market Basket" from all appropriate
product categories as determined by Sourcewell.
F. MARKETING PLAN
6.18 A Proposer's marketing plan is a critical component of the RFP response. An awarded Vendor's sales
force will likely be the primary source of communication with Sourcewell Members and will directly affect
the contract's success. Marketing success depends on communicating the contract's value, knowing the
contract thoroughly, and communicating the proper use of contracted products and services to the end
user. Much of the success and sales reward is a direct result of the commitment to the contract by the
awarded Vendor's sales teams. Sourcewell reserves the right to deem a Proposer Level -Two nonresponsive
or not to award a contract based on an unacceptable or incomplete marketing plan.
6.19 Sourcewell marketing expectations include the following components.
6.19.1 An awarded Vendor must demonstrate the ability to deploy a national sales force or dealer
network. The best RFP responses demonstrate the ability to sell, deliver, and service products
through acceptable distribution channels to Sourcewell members in all 50 states. Proposers'
responses should fully demonstrate their sales and service capabilities, should outline their national
sales force network (both numerically geographically), and should describe their method of
distribution of the offered products and related services. Service may be independent of the product
sales pricing, but Sourcewell encourages related services to be a part of Proposers' response.
Despite its preference for awarding contracts to Vendors that demonstrate nationwide sales and
service, Sourcewell reserves the right to award contracts that meet specific Member needs locally
or regionally.
6.19.2 Proposers are invited to demonstrate their ability to successfully market, promote, and
communicate the benefits of an Sourcewell contract to current and potential Members nationwide.
Sourcewell desires a marketing plan that communicates the value of the contract to as many
Members as possible.
6.19.3 Proposers are expected to be receptive to Sourcewell trainings. Awarded Vendors must
provide an appropriate training venue for both management and the sales force. Sourcewell
commits to providing training on all aspects of communicating the value of the awarded contract,
including the authority of Sourcewell to offer the contract to its Members, the value and utility the
contract delivers to Sourcewell Members, the scope of Sourcewell Membership, the authority of
Members to use Sourcewell procurement contracts, the preferred marketing and sales methods, and
the successful use of specific business sector strategies.
6.19.4 Awarded Vendors are expected to demonstrate a commitment to fully embrace the
Sourcewell contract. Proposers should identify both the appropriate levels of sales management
and sales force that will need to understand the value of the Sourcewell contract, as well as the
internal procedures needed to deliver the appropriate messaging to Sourcewell Members.
Sourcewell will provide a general schedule and a variety of methods describing when and how
those individuals should be trained.
21
6.19.5 Proposers should outline their proposed involvement in promoting a Sourcewell contract
through applicable industry trade show exhibits and related customer meetings. Proposers are
encouraged to consider participation with Sourcewell at Sourcewell-endorsed national trade shows.
6.19.6 Proposers must exhibit the willingness and ability to actively market and develop contract -
specific marketing materials including the following items.
6.19.6.1 Complete Marketing Plan. Proposers must submit a marketing plan outlining
how they will launch the Sourcewell contract to current and potential Sourcewell Members.
Sourcewell requires awarded Vendors to embrace and actively promote the contract in
cooperation with Sourcewell.
6.19.6.2 Printed Marketing Materials. Awarded Vendors will produce and maintain full
color print advertisements in camera-ready electronic format, including company logos and
contact information to be used in the Sourcewell directory and other approved marketing
publications.
6.19.6.3 Contract announcements and advertisements. Proposers should outline in the
marketing plan their anticipated contract announcements, advertisements in industry
periodicals, and other direct or indirect marketing activities promoting the awarded
Sourcewell contract.
6.19.6.4 Proposer's Website. Proposers should identify how an awarded Contract will be
displayed and linked on the Proposer's website. An online shopping experience for
Sourcewell Members is desired whenever possible.
6.19.7 A Sourcewell Vendor contract launch will be scheduled during a reasonable time frame after
the award and held at the Sourcewell office in Staples, MN unless the Vendor and Sourcewell agree
to a different location.
6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate
Sourcewell membership and establish status of current and potential agencies/members. Proposer should
further express their commitment to capturing sufficient member information as is deemed necessary by
Sourcewell.
G. CERTIFICATE OF INSURANCE
6.21 Proposers must provide evidence of liability insurance coverage identified below in the form of a
Certificate of Insurance (COI) or an ACORD binder form with their proposal. Upon an award issued under
this RFP and before the execution of any commerce relating to such award, the awarded Vendor must
provide verification, in the form of a Certificate of Insurance, identifying the coverage required below and
identifying Sourcewell as a "Certificate Holder." The Vendor must maintain such insurance coverage at its
own expense throughout the term of any contract resulting from this solicitation.
6.22 Any exceptions or assumptions to the insurance requirements must be identified on Form C of this
RFP. Exceptions and assumptions will be considered as part of the evaluation process. Any exceptions or
assumptions that Proposers submit must be specific. If a Proposer does not include specific exceptions or
assumptions when submitting the proposal, Sourcewell will typically not consider any additional exceptions
or assumptions during the evaluation process. Upon contract award, the awarded Vendor must provide the
Certificate of Insurance identifying the coverage as specified.
6.23 Insurance Liability Limits. The awarded Vendor must maintain, for the duration of its contract, $1.5
million in general liability insurance coverage or general liability insurance in conjunction with an umbrella
for a total combined coverage of $1.5 million. Work on the Contract will not begin until after the awarded
Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any
22
required insurance coverage or an acceptable alternative method of insurance will be deemed a breach of
contract.
6.23.1 Minimum Scope and Limits of Insurance. A n a w a r d e d Vendor must provide
coverage with limits of liability not less than those stated below. An excess liability policy or
umbrella liability policy may be used to meet the minimum liability requirements provided that the
coverage is written on a "following form" basis.
6.23.1.1 Commercial General Liability—Occurrence Form
Policy shall include bodily injury, property damage and broad form contractual liability and
XCU coverage.
6.23.1.2 Each Occurrence $1,500,000
6.24 Insurance Requirements: The limits listed in this RFP are minimum requirements for this Contract
and in no way limit any indemnity covenants contained in this Contract. Sourcewell does not warrant
that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might
arise out of the performance of the work under this Contract by the Vendor, its agents, representatives,
employees, or subcontractors, and the Vendor is free to purchase additional insurance as may be
determined necessary.
6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to
do business in the State of Minnesota and with an "A.M. Best" rating of not less than A- VII. Sourcewell
does not warrant that the above required minimum insurer rating is sufficient to protect the Vendor from
potential insurer solvency.
6.26 Subcontractors: Vendors' certificate(s) must include all subcontractors as additional insureds
under its policies, or the Vendor must furnish to Sourcewell separate certificates for each
subcontractor. All coverage for subcontractors are be subject to the minimum requirements identified
above.
H. OPROCESS AND/OR FUNDS FLOW
6.27 Sourcewell Members typically issue a purchase order directly to a Vendor under a Contract resulting
from this RFP. Alternatively, a separate contract may be created to facilitate acquiring products or services
offered in response to this RFP. Nothing in this Contract restricts the Member and Vendor from agreeing
to add terms or conditions to a purchase order or a separate contract provided that such terms or conditions
must not be less favorable to Sourcewell's Members.
6.28 [This section is intentionally blank.]
1 WHO X11121 11tr_lrllkywa;y;1
6.29 Vendors will pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating this
Contract with its current and potential Members. Sourcewell may grant a conditional contract award to a
Proposer if the proposed administrative fee is unclear, inadequate, or unduly burdensome for Sourcewell to
administer. Sales under this Contract should not be processed until the parties resolve the administrative
fee issue.
6.29.1 The administrative fee is typically calculated as a percentage of the dollar volume of all
products and services by Sourcewell Members under this Contract, including anything represented
to Sourcewell Members as falling under this Contract.
6.29.2 The administrative fee is included in, and not added to, the pricing included in Proposer's
response to the RFP. Awarded Vendors must not charge Sourcewell Members more that permitted
in the then current price list in order to offset the administrative fee.
23
6.29.3 The administrative fee is designed to cover the costs of Sourcewell's involvement in contract
management, facilitating marketing efforts, Vendor training, and any order processing tasks
relating to the Contract. Administrative fees may also be used for other purposes as allowed by
Minnesota law.
6.29.4 The typical administrative fee under this Contract is two percent (2%). While Sourcewell
does not dictate the particular fee percentage, we require that the Proposer articulate a specific fee
in its response. For example, merely stating that "we agree to pay an administrative fee" is
considered nonresponsive. Sourcewell acknowledges that the administrative fee percentage may
differ between vendors, industries, and responses.
6.29.5 Sourcewell awarded Vendors are responsible for paying the administrative fee at least
quarterly and for generating all related reporting. Vendors agree to cooperate with Sourcewell in
auditing these reports to ensure that the administrative fee is paid on all items purchased under the
Contract.
6.29.6 Notwithstanding Sections 6.29.1 and 6.29.4 above, for Members within the State of Texas,
pursuant to Texas Stat. §2301, the administrative fee to be proposed shall be a flat fee applicable
to each purchase order irrespective of the quantity specified in the purchase order. A typical
administrative fee in such cases is $1,000.00 per purchase order. The fee is to be levied on and paid
by the Member.
6.30 through 6.32 [This section is intentionally blank.]
J. VALUE—ADDED ATTRIBUTES
6.33 Desirability of Value -Added Attributes: Value-added attributes in an RFP response will be given
positive consideration in Sourcewell's evaluation process. Such attributes may increase the benefit of a
product or service by improving functionality, performance, maintenance, manufacturing, delivery, energy
efficiency, ordering, or other items while remaining within the scope of this RFP.
6.34 Women and Minority Business Enterprise (WMBE), Small Business, and Other Favored
Businesses: Some Sourcewell Members give formal preference to certain types of vendors or contractors.
Proposers should document WMBE (or other) status for both their organization and for any affiliates (e.g.,
supplier networks) involved in fulfilling the terms of this RFP. The ability of a Proposer to provide preferred
business entity "credits" to Sourcewell and Sourcewell Members under a Contract will be evaluated
positively by Sourcewell and reflected in the "value added" area of the evaluation.
6.35 Environmentally Preferred Purchasing Opportunities: Many Sourcewell Members consider the
environmental impact of the products and services they purchase. "Green" characteristics demonstrated by
Proposers will be evaluated positively by Sourcewell and reflected in the "value added" area of the
evaluation. Please identify any green characteristics of any offering in your proposal and identify the
sanctioning body determining that characteristic. Where appropriate, please indicate which products have
been certified as green and by which certifying agency.
6.36 Online Requisitioning Systems: When applicable, online requisitioning systems will be viewed as a
value-added characteristic. Proposers should demonstrate how their system makes online ordering easier
for Sourcewell Members, including how Members could integrate their current e -Procurement or enterprise
resource planning (ERP) systems into the Proposer's ordering process.
6.37 Financing: The ability of the Proposer to provide financing solutions to Members for the products and
services being proposed will be viewed as a value-added attribute.
6.38 Technology: Technological advances that appreciably improve the proposed products or services will
be considered value-added attributes.
24
K. WAIVER OF FORMALITIES
6.39 Sourcewell reserves the right to waive minor formalities (or to accept minor irregularities) in any
proposal, when it determines that considering the proposal may be in the best interest of its Members.
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A. SUBSEQUENT AGREEMENTS
7_1 Purchase Order. Purchase orders for products and services may be executed between Sourcewell
Members and the awarded Vendor (or Vendor's sub -contractors) under this Contract. Sourcewell Members
and Vendors must indicate on the face of such purchase orders that "This purchase order is issued under
Sourcewell contract 4XXXXXX" (insert the relevant contract number). Purchase order flow and procedure
will be developed jointly between Sourcewell and an awarded Vendor after an award is made.
7_2 Governing Law. Purchase orders must be construed in accordance with, and governed by, the laws of
a competent jurisdiction with respect to the Member. (See also Section 8.5 of this RFP.) All provisions
required by law to be included in the purchase order should be read and enforced as if they were included.
If through mistake or otherwise any such provision is not included, then upon application of either party
the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation
arising out of disputes related to purchase order will be a court of competent jurisdiction with respect to the
Member.
7_3 Additional Terms and Conditions. Additional terms and conditions to a purchase order may be
proposed by Sourcewell, Sourcewell Members, or Vendors. Acceptance of these additional terms and
conditions is optional to all parties to the purchase order. One purpose of these additional terms and
conditions is to address job- or industry -specific requirements of law such as prevailing wage legislation.
Additional terms and conditions may also include specific local policy requirements and standard business
practices of the issuing Member or the Vendor. Such additional terms and conditions are not considered
valid to the extent that they interfere with the general purpose, intent, or currently established terms and
conditions contain in this RFP document. For example, a Vendor and Member may agree to add a "net 30"
payment requirement to the purchase order instead of applying a "net 10" requirement. But the added terms
and conditions must not be less favorable to the Member unless Sourcewell, the Member, and the Vendor
agree to a Contract amendment or similar modification.
7_4 Specialized Service Requirements. In the event that the Sourcewell Member desires service
requirements or specialized performance requirements (such as e-commerce specifications, specialized
delivery requirements, or other specifications and requirements) not addressed in the Contract resulting
from this RFP, the Sourcewell Member and the Vendor may enter into a separate, standalone agreement,
apart from a Contract resulting from this RFP. Any proposed service requirements or specialized
performance requirements require pre -approval by the Vendor. Any separate agreement developed to
address these specialized service or performance requirements is exclusively between the Sourcewell
Member and Vendor. Sourcewell, its agents, and employees shall not be made a party to any claim for
breach of such agreement. Product sourcing is not considered a service. Sourcewell Members will need to
conduct procurements for any specialized services not identified as a part of or within the scope of the
awarded Contract.
7_5 Performance Bond. At the request of the Member, a Vendor will provide all performance bonds
typically and customarily required in their industry. These bonds will be issued pursuant to the
requirements of purchase orders for products and services. If a purchase order is cancelled for lack of a
required performance bond by the member agency, Sourcewell recommends that the current pending
purchase order be canceled. Each Member has the final decision on purchase order continuation. Any
performance bonding required by the Member, the Member's state laws, or by local policy is to be mutually
agreed upon and secured between the Vendor and the Member.
25
7.6 Asset Management Contracts: Asset Management -type Contracts can be initiated under a Contract
resulting from this RFP at any time during the term of this Contract. Such a contract could involve, for
example, picking up, storing, repairing, inventorying, salvaging, and delivery products falling within the
scope of this Contract. The intention in using Asset Management Contracts is to promote the long-term
efficiency of Sourcewell's contracts by (among other things) extending the use and re -use of products.
Asset Management Contracts cannot be created under this Contract unless they are executed within the
authorized term of a Contract resulting from this RFP. The actual term of the Asset Management Contract
may, however, extend beyond the expiration date of this Contract.
B. SOU CE ELL MEMBER SIGN-UP PROCEDURE
7_7 Awarded Vendors are responsible for familiarizing their sales and service forces with the various forms
of Sourcewell membership documentation and will encourage and assist potential Members in establishing
membership with Sourcewell. Sourcewell membership is available at no cost, obligation, or liability to the
Member or the Vendor.
C. REPORTING OF SALES ACTIVITY
7_8 Awarded Vendors must report at least quarterly the total gross dollar volume of all products and services
purchased by Sourcewell Members as it applies to this RFP and Contract. This report must include the
name and address of the purchasing agency, Member number, amount of purchase, and a description of the
items purchased.
7.8.1 Zero sales reports: Awarded Vendors must provide a quarterly Contract sales report
regardless of the amount of sales.
7_9 Sourcewell relies substantially on the reasonable auditing efforts of both Members and awarded
Vendors to ensure that Members are obtaining the products, services, pricing, and other benefits under all
Sourcewell contracts. Nonetheless, the Vendor must retain and make available to Sourcewell all order and
invoicing documentation related to purchases that Members make from the Vendor under the awarded
Contract. Sourcewell must not request such information more than once per calendar year, and Sourcewell
must make such requests in writing with at least fourteen (14) days' notice. Sourcewell may employ an
independent auditor at its own expense or conduct an audit on its own. In either event, the Vendor agrees
to cooperate fully with Sourcewell or its agents in order to ensure compliance with this Contract.
E. HUB PARTNER
7.10 Hub Partner: Sourcewell Members may request special services through a "Hub Partner" for the
purpose of complying with a law, regulation, or rule that an Sourcewell Member deems to apply in its
jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, through
qualifying for disadvantaged business entity credits, or through other means.
7.11 Hub Partner Fees: Sourcewell Members are responsible for any transaction fees, costs, or expenses
that arise under this Contract for special service provided by the Hub Partner. The fees, costs, or expenses
levied by the Hub Vendor must be clearly itemized in the transaction documentation. To the extent that the
Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation must
clearly indicate that the transaction is "Executed for the Benefit of [Sourcewell Member name]."
7.12 The value in US Dollars for Trade-ins will be negotiated between Sourcewell or an Sourcewell
Member, and an Awarded Vendor. That identified "Trade -In" value shall be viewed as a down payment
26
and credited in full against the Sourcewell purchase price identified in a purchase order issued pursuant to
any Awarded Sourcewell procurement contract. The full value of the trade-in will be consideration.
G. OUT OF STOCK NOTIFICATION
7.13 The Vendor must immediately notify Sourcewell Members when they order an out -of -stock item. The
Vendor must also tell the Member when the item will be available and whether there are equivalent
substitutes. The Member must have the option of accepting the suggested substitute or canceling the item
from the order. Under no circumstance may the Vendor make unauthorized substitutions. Unfilled or
substituted items must be indicated on the packing list.
H. CONTRACT TERMINATION FOR CAUSE AND WITHOUT CAUSE
7.14 Sourcewell reserves the right to cancel all or any part of this Contract if the Vendor fails to fulfill any
material obligation, term, or condition as described in the following procedure. Before any such termination
for cause, Sourcewell will provide written notice to the Vendor, an opportunity to respond, and a reasonable
opportunity to cure the breach. The following are some examples of material breaches.
7.14.1 The Vendor provides products or services that do not meet reasonable quality
standards and that are not remedied under the warranty;
7.14.2 The Vendor fails to ship the products or to provide the services within a reasonable
amount of time;
7.14.3 Sourcewell reasonably believes that the Vendor will not or cannot perform to the
requirements or expectations of the Contract, Sourcewell issues a request for assurance,
and the Vendor fails to respond;
7.14.4 The Vendor fails to fulfill any of the material terms and conditions of the Contract;
7.14.5 The Vendor fails to follow the established procedure for purchase orders, invoices,
or receipt of funds as established by Sourcewell and the Vendor;
7.14.6 The Vendor fails to properly report quarterly sales;
7.14.7 The Vendor fails to actively market this Contract within the guidelines provided in
this RFP and defined in the Sourcewell contract launch.
7.15 Upon receipt of the written notice of breach, the Vendor will have ten (10) business days to provide a
satisfactory response to Sourcewell. If the Vendor fails to reasonably address all issues in the written notice,
Sourcewell may terminate the Contract immediately. If Sourcewell allows the Vendor more time to remedy
the breach, such forbearance does not limit Sourcewell's authority to immediately terminate the Contract
for continued breaches for which notice was given to the Vendor. Termination of the Contract for cause
does not relieve either party of the financial, product, or service obligations incurred before the termination.
7.16 Sourcewell may terminate the Contract if the Vendor files for bankruptcy protection or is acquired by
an independent third party. The Vendor must disclose to Sourcewell any litigation, bankruptcy, or
suspensions/disbarments that occur during the Contract period. Failure to disclose such information
authorizes Sourcewell to immediately terminate the Contract.
7.17 Sourcewell may terminate the Contract without cause by giving the Vendor sixty (60) days' written
notice of termination. Termination of the Contract without cause does not relieve either party of the
financial, product, or service obligations incurred before the termination.
27
7.18 Sourcewell may immediately terminate any Contract without further obligation if any Sourcewell
employee significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on
behalf of Sourcewell has colluded with any Proposer for personal gain. Sourcewell may also immediately
cancel a Contract if it finds that gratuities, in the form of entertainment, gifts or otherwise, were offered or
given by the Vendor or any agent or representative of the Vendor, to any employee of Sourcewell. Such
terminations are effective upon written notice from Sourcewell or at a later date designated in the notice.
Termination of the Contract does not relieve either party of the financial, product, or service obligations
incurred before the termination.
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8. ADVERTISING A CONTRACT SUL ING FROM IS RFP
8_1 ProposerNendor must not advertise or publish information concerning this Contract before the award
is announced by Sourcewell. Once the award is made, a Vendor is expected to advertise the awarded
Contract to both current and potential Sourcewell Members.
B. APPLICABLE LAV
8_2 [This section is intentionally blank.]
8_3 Sourcewell Compliance with Minnesota Procurement Law: Sourcewell has designed its
procurement process to comply with best practices in the State of Minnesota. Sourcewell's solicitation
methods are also created to comply with many of the various requirements that our Members must satisfy
in their own procurement processes. But these requirements may differ considerably and may change from
time to time. So each Sourcewell Member must make its own determination whether Sourcewell's
solicitation process satisfies the procurement rules in the Member's jurisdiction.
8_4 Governing law with respect to delivery and acceptance: All applicable portions of the Minnesota
Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of
delivery and inspection of the Federal Acquisition Regulations (FAR) laws will govern Sourcewell
contracts resulting from this solicitation.
8_5 Jurisdiction: Any claims that arise against Sourcewell pertaining to this RFP, and any resulting contract
that develops between Sourcewell and any other party, must be brought only in courts in Todd County in
the State of Minnesota unless otherwise agreed to.
8.5.1 Purchase orders or other agreements created pursuant to a contract resulting from this
solicitation must be construed in accordance with, and governed by, the laws of the issuing
Member. Any claim arising from such a purchase order or agreement must be filed and venued in
a court of competent jurisdiction of the Member unless otherwise agreed to.
8.6 through 8.7 [This section is intentionally blank.]
8_8 Indemnification: Each party is responsible for its own acts and is not responsible for the acts of the
other party and the results thereof Sourcewell's liability is governed by the Minnesota Tort Claims Act
(Minn. Stat. §3.736) and other applicable law.
8_9 Prevailing wage: The Vendor must comply with applicable prevailing wage legislation in effect in the
jurisdiction of the Sourcewell Member. The Vendor must monitor the prevailing wage rates as established
by the appropriate federal governmental entity during the term of this Contract and adjust wage rates
accordingly.
8.10 Patent and copyright infringement: The Vendor agrees to indemnify and hold harmless Sourcewell
and Sourcewell Members against any and all suits, claims, judgments, and costs instituted or recovered
against the Vendor, Sourcewell, or Sourcewell Members by any person on account of the use or sale of any
articles by Sourcewell or Sourcewell Members if the Vendor supplied such articles in violation of applicable
patent or copyright laws.
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8.11 No right or interest in this Contract may be assigned or transferred by the Vendor without prior written
permission by Sourcewell. No delegation of any duty of the Vendor under this Contract may be made
without prior written permission of Sourcewell. Sourcewell will notify Members by posting approved
assignments on the Sourcewell website (www.sourcewell-mn.�ov).
8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this
Contract, a successor -in -interest must perform all obligations under this Contract. Sourcewell reserves the
right to rej ect the acquiring entity as a Vendor. A change of name agreement will not change the contractual
obligations of the Vendor.
D. LIST OF PROPOSERS
8.13 Sourcewell will not maintain a list of interested proposers, nor will it automatically send RFPs to them.
All interested proposers must request the RFP as a result of Sourcewell's national solicitation
advertisements. Because of the wide scope of the potential Members and qualified national suppliers,
Sourcewell has determined this to be the best method of fairly soliciting proposals.
E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS
8.14 The captions, illustrations, headings, and subheadings in this RFP are for convenience and ease of
understanding and in no way define or limit the scope or intent of this request.
F. DATA PRACTICES
8.15 All materials submitted in response to this RFP become Sourcewell's property and become public
records (under Minn. Stat. §13.591) after the evaluation process is completed. If the Proposer submits
information in response to this RFP that it requests to be classified as nonpublic information (as defined by
the Minnesota Government Data Practices Act, Minn. Stat. § 13.37), the Proposer must meet the following
requirements.
8.15.1 The Proposer must make the request within thirty (30) days of the award/nonaward
notification, and include the appropriate statutory justification. Pricing, marketing plans, and
financial information is generally not redactable. The Sourcewell Legal Department will review the
request to determine whether the information can be withheld or redacted. If Sourcewell determines
that it must disclose the information upon a proper request for such information, Sourcewell will
inform the Proposer of such determination.
8.15.2 The Proposer must defend any action seeking release of the materials that it believes to be
nonpublic information, and it must indemnify and hold harmless Sourcewell, its agents, and
employees, from any judgments or damages awarded against Sourcewell in favor of the party
requesting the materials, and any and all costs connected with that defense. This indemnification
survives the term of any contract awarded under this RFP. In submitting a response to this RFP,
the Proposer agrees that this indemnification survives as long as Sourcewell possesses the
confidential information.
8.16 [This section is intentionally blank.]
G. ENTIRE AGREEMENT
29
8.17 This Contract, as defined herein, constitutes the entire agreement between the parties to this Contract.
A Contract resulting from this RFP is formed when the vendor, Sourcewell Executive Director and Chief
Procurement Officer approves and signs the applicable Contract Award & Acceptance document (Form E).
H. FORCE AJ[I
8.18 Except for payments of sums due, neither parry is liable to the other nor deemed in default under this
Contract if and to the extent that such party's performance of this Contract is prevented due to force
majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected
and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of
the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow,
earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms,
volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions -intervention -acts,
terrorist events or failures or refusals to act by government authority and/or other similar occurrences where
such parry is unable to prevent by exercising reasonable diligence. The force majeure is deemed to
commence when the parry declaring force majeure notifies the other parry of the existence of the force
majeure and is deemed to continue as long as the results or effects of the force majeure prevent the parry
from resuming performance in accordance with a Contract resulting from this RFP. Force majeure does
not include late deliveries of products and services caused by congestion at a manufacturer's plant or
elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party
is delayed at any time by force majeure, then the delayed party must (if possible) notify the other parry of
such delay within forty-eight (48) hours.
8.19 through 8.20 [These sections are intentionally blank.]
8.21 The Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and
permits required for the operation of the business that the Vendor conducts with Sourcewell and Sourcewell
Members.
8.22 All responding Proposers must be licensed (where required) and must have the authority to sell and
distribute the offered products and services to Sourcewell and Sourcewell Members. Documentation of the
required licenses and authorities, if applicable, should be included in the Proposer's response to this RFP.
J. MATERIAL SUPPLIERS AND SUB -CONTRACTORS
8.23 The awarded Vendor must supply the names and addresses of sourcing suppliers and sub -contractors
as a part of the purchase order when requested by Sourcewell or a Sourcewell Member.
1=01#30 kin C919BOW
8.24 No failure of either party to exercise any power given to it hereunder, nor a failure to insist upon strict
compliance by the other party with its obligations hereunder, nor a custom or practice of the parties at
variance with the terms hereof, nor any payment under a Contract resulting from this RFP constitutes a
waiver of either party's right to demand exact compliance with the terms hereof. Failure by Sourcewell to
take action or to assert any right hereunder does not constitute a waiver of such right.
L. PROTESTS OF AWARDS MADE
8.25 And protests must be filed with Sourcewell's Executive Director and must be resolved in accordance
with appropriate Minnesota rules. Protests will only be accepted from Proposers. A protest of an award or
nonaward must be filed in writing with Sourcewell within ten (10) calendar days after the public notice or
announcement of the award or nonaward. A protest must include the following items.
30
8.25.1 The name, address, and telephone number of the protester;
8.25.2 The original signature of the protester or its representative (you must document the
authority of the representative);
8.25.3 Identification of the solicitation by RFP number;
8.25.4 Identification of the statute or procedure that is alleged to have been violated;
8.25.5 A precise statement of the relevant facts;
8.25.6 Identification of the issues to be resolved;
8.25.7 The aggrieved parry's argument and supporting documentation;
8.25.8 The aggrieved parry's statement of potential financial damages; and
8.25.9 A protest bond in the name of Sourcewell and in the amount of 10% of the aggrieved
parry's statement of potential financial damages.
M. SUSPENSION OR DISBARMENT STATUS
8.26 If within the past five (5) years, any firm, business, person or Proposer responding to a Sourcewell
solicitation has been lawfully terminated, suspended, or precluded from participating in any public
procurement activity with a federal, state, or local government or education agency, the Proposer must
include a letter with its response setting forth the name and address of the public procurement unit, the
effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant
circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose
pertinent information may result in the termination of a Contract. By signing the proposal affidavit, the
Proposer certifies that no current suspension or debarment exists.
N. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION
8.27 An Affirmative Action Plan, Certificate of Affirmative Action, or other documentation regarding
Affirmative Action may be required by Sourcewell or Sourcewell Members relating to a transaction from
this RFP. Vendors must comply with any such requirements or requests.
8.28 Immigration Status Certification may be required by Sourcewell or Sourcewell Members relating to a
transaction from this RFP. Vendors must comply with any such requirements or requests.
0. SEVERABILITY
8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule,
law, or statutory provision, or are otherwise unenforceable under the laws or regulations of any government
or subdivision thereof, such terms will be deemed stricken from the Contract, but such invalidity or
unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP.
P. RELATIONSHIP OF PARTIES
8.30 No Contract resulting from this RFP may be considered a contract of employment. The relationship
between Sourcewell and an awarded Vendor is one of independent contractors, each free to exercise
judgment and discretion with regard to the conduct of their respective businesses. The parties neither intend
the proposed Contract to create, nor is to be construed as creating, a partnership, joint venture, master -
servant, principal -agent, or any other, relationship. Except as provided elsewhere in this RFP, neither party
may be held liable for acts of omission or commission of the other parry and neither party is authorized or
31
has the power to obligate the other parry by contract, agreement, warranty, representation, or otherwise in
any manner whatsoever except as may be expressly provided herein.
Q. PROVISIONS FOR NON-FEDERAL ENTITY PROCUREMENTS UNDER FEDERAL AWARDS O
OTHER AWARDS
8.31 Procurements by Sourcewell or Sourcewell Members utilizing funds under a federal grant or contract
may be subject to specific federal laws, regulations, and requirements in addition to those under state and
local laws. Applicable law may include, but is not limited to, the procurement standards of the Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR Part
200 (also referred to as the "Uniform Guidance" or "EDGAR"). The terms included in this section express
Proposers willingness and ability to comply with certain requirements which may be applicable to specific
Sourcewell Member purchases using federal grant or contract dollars. Sourcewell Members may also
require Proposers to enter into ancillary agreements, in addition to the Sourcewell contract's general terms
and conditions, to address the Member's specific contractual needs, including contract requirements for a
procurement using federal grants or contracts. Sourcewell reserves the right at any time within a contract
term to require an awarded Vendor to reaffirm or resubmit proper documentation relating to these
requirements. The numbering and identification contained within this section is only for reference purposes
and does not identify any actual Federal designation or location of the rule. Rules are located in 2 CFR Part
200.
8.32 Contracts for more than the simplified acquisition threshold currently set at $150,000, 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 contractors violate or breach contract terms, and provide
for such sanctions and penalties as appropriate.
Sourcewell reserves all rights and privileges under the applicable laws and regulations with respect to this
procurement process in the event of breach of contract by either party.
8.33 Contracts in excess of $10,000 must address termination for cause and for convenience by the non -
Federal entity including the manner by which it will be effected and the basis for settlement.
Sourcewell reserves the right to terminate any agreement resulting from this procurement process pursuant
to Sourcewell RFP sections 7.13 and 7.17. Prior to any termination for cause, Sourcewell will provide
written notice to the Proposer, opportunity to respond and opportunity to cure. Sourcewell reserves the right
to terminate any agreement resulting from this procurement process without cause with a required 60 -day
written notice of termination. Termination of Contract shall not relieve either parry of financial, product or
service obligations incurred or accrued prior to termination.
8.34 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include
the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,
"Equal Employment Opportunity" (30 FR 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 Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor." This provision is hereby incorporated
by reference into all applicable contracts.
The equal opportunity clause is incorporated by reference herein.
8.35 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
32
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 determination 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 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 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 the Federal awarding agency.
Proposer shall be in compliance with all applicable Davis -Bacon Act provisions
8.36 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 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 work week. 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
of intelligence. This provision is hereby incorporated by reference into all applicable contracts.
Proposer certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Proposer shall comply with applicable requirements as referenced above.
8.37 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 Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
Proposer certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Proposer shall comply with applicable requirements as referenced above.
8.38 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387). Contracts and subgrants of amounts in excess of $150,000 require 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 shall be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
Proposer certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Proposer shall comply with applicable requirements as referenced above.
33
8.39 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for Award
Management (SAM), in accordance with the 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 statutory or regulatory authority other
than Executive Order 12549.
Proposer nor its principals shall be presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation by any federal department or agency.
8.40 Byrd Anti -Lobbying Amendment, as amended (31 U.S.C. 1352). Proposers shall file any required
certifications. Proposers shall not have 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. Proposers shall 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.
Proposers shall file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -
Lobbying Amendment (31 USC 1352).
8.41 Record Retention Requirements. To the extent applicable, Proposer shall comply with the record
retention requirements detailed in 2 CFR § 200.333. The Vendor further certifies that Vendor 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 quarterly or annual financial reports, as applicable, and all other pending matters
are closed.
8.42 Energy Policy and Conservation Act Compliance. To the extent applicable, Proposer shall comply
with the mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
8.43 Buy American Provisions Compliance. To the extent applicable, Proposer shall comply with all
applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act
shall follow the applicable procurement rules calling for free and open competition.
8.44 Access to Records (2 CFR § 200.336). Proposer agrees that duly authorized representatives of an
Agency shall have access to any books, documents, papers and records of Proposer that are directly
pertinent to Proposer's discharge of its obligations under the Contract for the purpose of making audits,
examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to
Proposer's personnel for the purpose of interview and discussion relating to such documents.
[THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.]
34
Form A
PROPOSER QUESTIONNAIRE- General Business Information''°
(Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P
Proposer Name:
Questionnaire completed by:
Please identify the person Sourcewell should correspond with from now through the Award process:
Name:
E -Mail address:
Please answer and submit the electronic version of the questions below in Microsoft Word" This allows Sourcewell
evaluators to cut and paste your answers into a separate worksheet. Place your answer directly below each question.
Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your
response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not
apply to you (preferably with an explanation). Please create a response that is easy to read and understand. For example,
you may consider using a different font and color to distinguish your answer from the questions.
Company Information & Financial Strength
1) Provide the full legal name, mailing and email addresses, tax identification number, and telephone number for your
business.
2) Provide a brief history of your company, including your company's core values, business philosophy, and longevity in
the (SNOW AND ICE HANDLING EQUIPMENT, SUPPLIES, AND ACCESSORIES industry.
3) Provide a detailed description of the products and services that you are offering in your proposal.
4) What are your company's expectations in the event of an award?
5) Demonstrate your financial strength and stability with meaningful data. This could include such items as financial
statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters.
6) What is your US market share for the solutions that you are proposing? What is your Canadian market share, if any?
7) Has your business ever petitioned for bankruptcy protection? Please explain in detail.
8) How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer
whichever question (either a) or b) just below) best applies to your organization.
a) If your company is best described as a distributor/dealer/reseller (or similar entity), please provide your written
authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If
applicable, is your dealer network independent or company owned?
b) If your company is best described as a manufacturer or service provider, please describe your relationship with your
sales and service force and with your dealer network in delivering the products and services proposed in this RFP.
Are these individuals your employees, or the employees of a third party?
9) If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held,
and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business
contemplated by this RFP.
10) Provide all "Suspension or Disbarment" information that has applied to your organization during the past ten years.
11) Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your
products and services.
35
Industry Recognition & Marketplace Success
12) Describe any relevant industry awards or recognition that your company has received in the past five years.
13) Supply three references/testimonials from your customers who are eligible for Sourcewell membership. At a minimum,
please include the entity's name, contact person, and phone number.
14) Provide a list of your top five governmental or educational customers (entity name is optional), including entity type,
the state the entity is located in, scope of the projects, size of transactions, and dollar volumes from the past three years.
15) Indicate separately what percentages of your sales are to the government and education sectors in the past three years?
16) List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these
contracts over the past three years?
17) List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three
years'?
Proposer's Ability to Sell and Deliver Service Nationwide
18) Describe your company's capability to meet Sourcewell Member's needs across the country. Your response should
address at least the following areas.
a) Sales force.
b) Dealer network or other distribution methods.
c) Service force.
Please include details, such as the locations of your network of sales and service providers, the number of workers (full-
time equivalents) involved in each sector, whether these workers are your direct employers (or employees of a third
parry), and any overlap between the sales and service functions.
19) Describe in detail the process and procedure of your customer service program, if applicable. Please include your
response -time capabilities and commitments, as well as any incentives that help your providers meet your stated service
goals or promises.
20) a) Identify any geographic areas of the United States that you will NOT be fully serving through the proposed contract.
b) Identify any Sourcewell Member sectors (i.e., government, education, not-for-profit) that you will NOT be fully
serving through the proposed contract. Please explain your answer. For example, does your company have only a
regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract?
21) Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in
US Territories.
Marketing Plan
22) If you are awarded a contract, how will you train your sales management, dealer network, and direct sales teams
(whichever apply) to ensure maximum impact? Please include how you will communicate your Sourcewell pricing and
other contract detail to your sales force nationally.
23) Describe your marketing strategy for promoting this contract opportunity. Please include representative samples of
your marketing materials in electronic format.
24) Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing
effectiveness.
36
25) In your view, what is Sourcewell's role in promoting contracts arising out of this RFP? How will you integrate
Sourcewell-awarded contract into your sales process?
26) Are your products or services available through an e -procurement ordering process? If so, describe your e -procurement
system and how governmental and educational customers have used it.
Value -Added Attributes
27) Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell Members.
Please include details, such as whether training is standard or optional, who provides training, and any costs that apply.
28) Describe any technological advances that your proposed products or services offer.
29) Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the
certifying agency for each.
30) Provide your intent in regards to claiming Evaluation Preference for Environmentally Preferred Purchasing
Opportunities in reference to RFP § 6.35.1. Ensure that all documentation supporting this claim is included in your
response.
31) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) certifications that your
company or hub partners have obtained.
32) Provide your intent in regards to claiming Evaluation Preference for WMBE, Small Business, and Other Favored
Businesses in reference to RFP § 6.34.1. Ensure that all documentation supporting this claim is included in your
response.
33) What unique attributes does your company, your products, or your services offer to Sourcewell Members? What makes
your proposed solutions unique in your industry as it applies to Sourcewell members?
34) Identify your ability and willingness to provide your products and services to Sourcewell member agencies in Canada.
35) Sourcewell Members may intend to use funds from a federal grant or contract under the Federal Emergency
Management Agency (FEMA). In that event, state your ability and willingness to complete, execute, and provide the
"Required FEMA Terms and Conditions Certification" form attached as Appendix D to the RFP.
Signature:
NOTE: Questions regarding Payment Terms, Warranty, Products/Equipment/Services, Pricing and
Delivery, and Industry Specific Items are addressed on Form P.
37
Date:
Form B
Company Name:
Address:
City/State/Zip:
Phone:
Toll -Free Number:
Website Address:
Authorized signer for your organization
PROPOSER INFORMATION
Fax:
E-mail:
COMPANY PERSONNEL CONTACTS
sJ''tls�wnen�,ir'*wr
Name:
Email: Phone:
The person identified here must have proper signing authority to sign the "Proposer's Assurance of Compliance" on behalf
of the Proposer.
Who prepared your RFP response?
Name:
Email:
Title:
Phone:
Who is your company's primary contact person for this proposal?
Name:
Email:
Other important contact information
Name:
Email:
Name:
Email:
Title:
Phone
Title:
Phone
Title:
Phone:
Form C
EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS,
AND SOLUTIONS REQUESTu"
LLQ.
svti.vrw.TM�^.
Company Name:
Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing
and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be
accepted by Sourcewell or included in the final contract. Sourcewell will make reasonable efforts to accommodate the
listed exceptions and may clarify the exceptions in the appropriate section below.
Term, Condition, or Sourcewell
Section/page Specification Exception ACCEPTS
Proposer's Signature:
Date:
Sourcewell's clarification on exceptions listed above:
39
Contract Award
RFP #0808181 e
FORM DJ,,Nu"
Formal Offering of Proposal
(To be completed only by the Proposer)
(SNOW AND ICE HANDLING EQUIPMENT, SUPPLIES, AND ACCESSORIES
In compliance with the Request for Proposal (RFP) for SNOW AND ICE HANDLING EQUIPMENT, SUPPLIES, AND
ACCESSORIES, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the
instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms,
agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any
applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it
accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts
responsibility for any subcontractors used to fulfill this proposal.
Company Name:
Company Address:
City:
CAGE Code/DUNS:
Contact Person:
Authorized Signature
Date:
State:
Title:
.N
Zip:
(Name printed or typed)
CONTRACT ACCEPTANCE AND AWARD .r�`:AIrra7��
So u rice
r"� Y N �nrs
(Top portion of this form will be completed by Sourcewell if the vendor is awarded a contract. The vendor shouId
complete the vendor authorized signatures as part of the RFP response.)
Sourcewell Contract #: 080818 -XXX
Proposer's full legal name: TBD
Based on Sourcewell's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you
agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set
forth in this RFP, in any amendments to this RFP, and in any exceptions that are accepted by Sourcewell.
The effective date of the Contract will be MM DD, YYYY and will expire on MM DD, YYYY (no later than the later of four
years from the expiration date of the currently awarded contract or four years from the date that the Sourcewell Chief
Procurement Officer awards the Contract). This Contract may be extended for a fifth year at Sourcewell's discretion.
Sourcewell Authorized Signatures:
SOURCEWELL DIRECTOR OF COOPERATIVE CONTRACTS
AND PROCUREMENT/CPO SIGNATURE
SOURCEWELL EXECUTIVE DIRECTOR/CEO SIGNATURE
Awarded on MM DD, YYYY
Vendor Authorized Signatures:
Jeremy Schwartz
(NAME PRINTED OR TYPED)
Chad Coauette
(NAME PRINTED OR TYPED)
Sourcewell Contract # 080818 -XXX
The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments.
Vendor Name
Authorized Signatory's Title
VENDOR AUTHORIZED SIGNATURE
Executed on 20
(NAME PRINTED OR TYPED)
Sourcewell Contract # 080818 -XXX
41
Form F
PROPOSER ASSURANCE OF COMPLIANCE
Proposal Affidavit Signature Page
PROPOSER'S AFFIDAVIT
�Sd:rvti"wu nrr:.µrv.�.A
The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that
the following statements are true to the best of his or her knowledge.
1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated
and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before
delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell
members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind
the Proposer to the terms in this Contract.
2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement
or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm, or
corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to
this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP.
The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications
request, and other documents in this solicitation and affirms that any and all exceptions have been noted in
writing and have been included with the Proposer's RFP response.
4. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in
accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with
the other documents in this solicitation.
5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -
quality products and related services to Sourcewell Members under an awarded Contract.
6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and
orders.
7. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or
"nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all
proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point,
proposals generally become public data. Minnesota Statute § 13.37 permits only certain narrowly defined data to
be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic,
and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to
uphold such a data designation.
[The rest of this page has been left intentionally blank. Signature page below]
42
By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms
and conditions specified above.
Company Name
Address:
City/State/Zip:
Telephone Number:
E-mail Address:
Authorized Signature:
Authorized Name (printed):
Title:
Date:
Notarized
Subscribed and sworn to before me this
Notary Public in and for the County of
My commission expires:
Signature:
day of
43
20
State of
Skw:wtiwu nrr:.µk..A,
Form G
OVERALL EVALUATION AND CRITERIA
For the Proposed Subject SNOW AND ICE HANDLING EQUIPMENT, SUPPLIES, AND ACCESSORIES
Conformance to RFP Terms and Conditions
50
Financial Viability and Marketplace Success
75
Ability to Sell and Deliver Service Nationwide
100
Marketing Plan
50
Value -Added Attributes
75
Warranty
50
Depth and Breadth of Offered Products and Related
Services
200
Pricing
400
TOTAL POINTS
1000
Reviewed by:
Its
Its
��Skw:wtiwu nrr:.µk.�.A,
Form P
PROPOSER QUESTIONNAIRE
Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry -Specific Questions
Proposer Name:
Questionnaire completed by:
Payment Terms and Financing Options
1) What are your payment terms (e.g., net 10, net 30)?
2) Do you provide leasing or financing options, especially those options that schools and governmental entities may
need to use in order to make certain acquisitions?.
3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly
sales to Sourcewell. For example, indicate whether your dealer network is included in your response and whether
each dealer (or some other entity) will process the Sourcewell Members' purchase orders.
4) Do you accept the P -card procurement and payment process? If so, is there any additional cost to Sourcewell Members
for using this process?
Warranty
5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims
procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum
please also answer the following questions.
• Do your warranties cover all products, parts, and labor?
• Do your warranties impose usage restrictions or other limitations that adversely affect coverage?
• Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs?
• Are there any geographic regions of the United States for which you cannot provide a certified technician to
perform warranty repairs? How will Sourcewell Members in these regions be provided service for warranty
repair?
• Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these
warranties issues typically passed on to the original equipment manufacturer?
• What are your proposed exchange and return programs and policies?
6) Describe any service contract options for the items included in your proposal.
Pricing, Delivery, Audits, and Administrative Fee
7) Provide a general narrative description of the equipment/products and related services you are offering in your
proposal.
8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data
(including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell
to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable
price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the
Price and Product Change Request Form for more detail.)
'.
9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response
represents is a 50% percent discount from the MSRP or your published list.
10) The pricing offered in this proposal is
a. the same as the Proposer typically offers to an individual municipality, university, or school
district.
b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations,
or state purchasing departments.
c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or
state purchasing departments.
d. other than what the Proposer typically offers (please describe).
11) Describe any quantity or volume discounts or rebate programs that you offer.
12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market"
items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or
you may supply a quote for each such request.
13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This
cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list
costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such
costs and their relationship to the Proposer.
14) If delivery or shipping is an additional cost to the Sourcewell Member, describe in detail the complete shipping and
delivery program.
15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery.
16) Describe any unique distribution and/or delivery methods or options offered in your proposal.
17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with your
proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Members obtain the proper
pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper
administrative fee to Sourcewell.
18) Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the
Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of
Vendor's sales under the Contract or as a per-unit fee; it is not a line -item addition to the Member's cost of goods.
(See RFP Section 6.29 and following for details.)
Industry -Specific Ouestions
19) Describe the features of your proposed solution(s) that address serviceability (parts availability,
maintenance, repairs, support, etc.) and which you believe are "vendor differentiators."
20) Describe any manufacturing processes or material specification attributes that differentiate your offered
solutions.
21) State the extent to which the solutions that you propose are compliant with standards or requirements in the
US, Canada, and/or applicable in the various states and provinces. Identify all related certifications or
Accreditations.
22) Provide any market data or research supporting the longevity or reliability of your proposed solutions.
Signature:
M
Date:
Check
Electronic Copy
when
Hard Copy Required
Required — Flash
Completed
Contents of Your Bid Proposal
Signed and Dated
Drive or CD
Form A: Proposer Questionnaire with all
uestions answered completely
X — signature page only
X
X
Form B: Proposer Information
Form C: Exceptions to Proposal, Terms,
X
Conditions, and Solutions Request
X
X
Form D: Formal Offering of Proposal
X
Form E: Contract Acceptance and Award
X
Form F: Proposers Assurance of Compliance
X
X
Form P: Proposer Questionnaire with all
questions answered completely
X — signature page only
X
Certificate of Insurance with $1.5 million
coverage
X
X
Copy of all RFP Addendums issued by
Sourcewell
X
X
Pricing for all Products/Equipment/Services
within the RFP being proposed
X
Entire Proposal submittal including signed
documents and forms
X
All forms in the Hard Copy Required Signed
and Dated should be inserted in the front of
the submitted response, unbound
Package containing your proposal labeled
and sealed with the following language:
"Competitive Proposal Enclosed, Hold for
Public Opening XX-XX-XXXX"
Response Package mailed and delivered
prior to deadline to:
Sourcewell, 202 12'h St NE, PO Box 219
Staples, MN 56479
47
ll ll x'111; 1 @ 1111 i"I �"":111 Y 111 � 1 ;111 A l°"N4 ]If„) 111 � 11[1,, 0 II )1 J ]If„ �” 1111 A I`NK 11" 111 111 l��, � � ° )I:
71f�lll 111:111111�711�; �111� t„i IPI111.;lG111 111 .)11111,
Section 1. Instructions for Vendor
Requests for product or service changes, additions, or deletions will be considered at any time throughout the awarded
contract term. All requests must be made in writing by completing sections 2, 3, and 4 of this Sourcewell Price and
Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are
subject to review by the Sourcewell Procurement Manager and to approval by Sourcewell's Chief Procurement
Officer. Submit request through email to your assigned Sourcewell Contract Administrator.)
Sourcewell will determine whether the request is 1) within the scope of the original RFP, and 2) in the best interests
of Sourcewell and Sourcewell Members. Approved Price and Product Change Request Forms will be signed and
emailed to the Vendor contact.
The Vendor must complete this change request form and individually list or attach all items or services subject to
change, must provide sufficiently detailed explanation and documentation for the change, and must include a complete
restatement of pricing documentation in an appropriate format (preferably Microsoft® Excel®). The pricing
document must identify all products and services being offered and must conform to the following Sourcewell
product/price change naming convention: (Vendor Name) (Sourcewell Contract 4) (effective pricing date); for
example, "Acme Widget Company 4012416-AWC eff. 01-01-2017.”
NOTE: New pricing restatements must include all products and services offered regardless of whether their prices
have changed and must include a new "effective date ' on the pricing documents. This requirement reduces confusion
by providing a single, current pricing sheet for each Vendor and creates a historical record of pricing.
ADDITIONS. New products and related services may be added to a contract if such additions are within the scope
of the original RFP.
DELETIONS. New products and related services may be deleted from a contract if, for example, they are no longer
available or have been modified to a point where they are outside the scope of the RFP.
PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For
example, a Vendor that manufactures products that require substantial petroleum -related material might request a 3%
price increase because of a 20% increase in petroleum costs.
Price decreases: Sourcewell expects Vendors to propose their very best prices and anticipates that price reductions
might occur because of improved technologies or marketplace efficiencies.
Price increases: Acceptable price increases typically result from specific Vendor cost increases. The Vendor must
include reasonable justification for the price increase and must not, for example, offer merely generalized statements
about an increase in a cost -of -living index. Appropriate documentation should be attached to this form, including such
items as letters from suppliers announcing price increases.
Refer to the RFP for complete "Pricing" details.
Section 2. Vendor Name and Type of Change Request
AWARDED VENDOR NAME:
SOURCEWELL CONTRACT
NUMBER:
.•
CHECK ALL CHANGES THAT APPLY:
❑ Adding
Products/Services
vices
❑ Deleting
Products/Services
❑ Price Increase
❑ Price Decrease
Section 3. Detailed Explanation of Need for Changes
List the products and/or services that are changing or being added or deleted from the previous contract price list,
along with the percentage change for each item or category. (Attach a separate, detailed document if changing more
than 10 items.)
Provide a general statement and documentation explaining the reasons for these price and/or product changes.
EXAMPLES: 1) `All pricing for paper products and services are increased 5% because of increased raw material and
transportation costs (see attached documentation of fuel and raw materials increase). " 2) "The 6400 series floor polisher is
being added to the product list as a new model, replacing the 5400 series. The 6400 series 3% increase reflects technological
changes that improve the polisher's efficiency and useful life. The 5400 series is now included in the "Hot List" at a 20%
discount -om the previous pricing until the remaining inventory is liquidated. "
If adding products, state how these are within the scope of the original RFP.
If changing prices or adding products or services, state how the pricing is consistent with existing Sourcewell contract
Section 4. Complete Restatement of Pricing Submitted
A COMPLETE restatement of the pricing, including all new and existing products and services is attached
and has been emailed to the Vendor's Contract Administrator.
❑ Yes ❑ No
Section 5. Signatures
Vendor Authorized Signature
Print Name and Title of Authorized Signer
Date
Jeremy Schwartz Date
Sourcewell Director of Cooperative Contracts and Procurement/CPO
50
SOLACE,we
r, I'Wh'
Appendix A
Sourcewell on behalf of itself and its current and potential Member agencies, which includes all
governmental, higher education, K-12 education, not-for-profit, tribal governmental, and all other public
agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to
result in a national contract solution.
For your reference, the links below include some, but not all, of the entities included in this proposal.
htti)://www.usa.aov/Aaencies/Local Government/Cities.shtml
http://nces.ed.gov/globallocator/
htti)s://www.census.aov/20IOcensus/partners/i)df/FIPS StateCounty Code.])df
http://nccs.urban.org/sites/all/nccs-archive/html//PubApps/search.php
htti)s://www.usa.aov/tribes#item-37647
http://www.usa.gov/Agencies/State-and-Territories.shtml
Ore on
Hawaii
Washinaton
51
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Appendix D
SOURCEWELLsM (Formerly NJPA) AWARDED VENDOR
REQUIRED FEMA TERMS AND CONDITIONS CERTIFICATION
Procurements by Sourcewellsm (Formerly NJPA) or Sourcewell Members utilizing funds under a federal grant or
contract funded all or in part by the Federal Emergency Management Agency (FEMA) may be subject to specific
federal laws, regulations, and requirements in addition to those under other federal, state and local laws. This may
include, but is not limited to, the procurement standards of the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments, Title 44 of the Code of Federal Regulations, Part 13 (44
CFR Part 13).
The terms included in this section express Vendors willingness and ability to comply with certain requirements
which may be applicable to specific Sourcewell Member purchases using FEMA grant or contract dollars.
Sourcewell Members may also require Proposers to enter into ancillary agreements, in addition to the Sourcewell
contract's general terms and conditions, to address a Member's specific contractual needs, including contract
requirements for a procurement using FEMA grants or contracts. Sourcewell reserves the right at any time within a
contract term to require an awarded Vendor to reaffirm or resubmit proper documentation relating to these
requirements.
Note: The numbering and identification contained within this section is only for reference purposes and does not
identify any actual Federal designation or location of the rule. Rules are located in 44 CFR Part 13.
(A) Pursuant to 44 CFR 13.36(i)(1), Sourcewell is entitled to exercise all administrative, contractual, or other
remedies permitted by law to enforce Vendor's compliance with the terms of the request for proposal and contract
award, including but not limited to those remedies set forth at 44 CFR 13.43.
Vendor Agrees (YES or NO)
Initials of Authorized Representative
(B) Pursuant to 44 CFR 13.36(i)(2), Sourcewell may terminate the contract award for cause or convenience in
accordance with the procedures set forth in the request for proposal and contract award and those provided by 44
CFR 13.44.
Vendor Agrees(YES or NO) Initials of Authorized Representative
(C) Pursuant to 4 CFR 13.36(1)(3)-(6)(12), and (13), Vendor shall comply with the following federal laws during
the term of an award for this contract by Sourcewell:
a. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended
by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor ("DOL")
regulations (41 CFR Ch. 60);
b. Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3);
c. Davis -Bacon Act (40 U.S.C. 276a -276a-7) as supplemented by DOL regulations (29 CFR Part 5);
d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by DOL regulations (29 CFR Part 5);
e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C.
1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and
Appendix D
f Mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89
Stat. 871).
Vendor Agrees (YES or NO)
Initials of Authorized Representative
(D) Pursuant to 44 CFR 13.36(i)(7), Vendor shall comply with FEMA requirements and regulations pertaining to
reporting, including but not limited to those set forth at 44 CFR 40 and 41.
Vendor Agrees (YES or NO) Initials of Authorized Representative
(E) Pursuant to 44 CFR 13.36(i)(8), Vendor agrees to the following provisions regarding patents:
a. During the term of an award for this contract by Sourcewell, all rights to inventions and/or discoveries
that arise or are developed, in the course of or under this request for proposal and contract award, shall
belong to the Sourcewell Member and be disposed of in accordance with their policy. Sourcewell and
Sourcewell members, at its own discretion, may file for patents in connection with all rights to any such
inventions and/or discoveries.
Vendor Agrees (YES or NO) Initials of Authorized Representative
(F) Pursuant to 44 CFR 13.36(i)(9), Vendor agrees to the following provisions, regarding copyrights:
a. During the term of an award for this contract by Sourcewell, any copyrightable material or inventions,
in accordance with 44 CFR 13.34, FEMA reserves a royalty -free, nonexclusive, and irrevocable license
to reproduce, publish or otherwise use, for Federal Government purposes:
(1) The copyright in any work developed under a grant or contract; and
(2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support.
Vendor Agrees (YES or NO)
Initials of Authorized Representative
(G) Pursuant to 44 CFR 13.36(i)(10), Vendor shall maintain any books, documents, papers, and records of the
Vendor which are directly pertinent to this request for proposal and contract award. At any time during normal
business hours and as often as Sourcewell or Sourcewell Members deems necessary, Vendor shall permit Sourcewell
or Sourcewell Member, FEMA, the Comptroller General of United States, or any of their duly authorized
representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and
transcriptions
Vendor Agrees (YES or NO)
Initials of Authorized Representative
(H) Pursuant to 44 CFR 13.36(i)(11), Vendor shall retain all required records for three years after FEMA or
Sourcewell or Sourcewell Members makes final payments and all other pending matters are closed. In addition,
Vendor shall comply with record retention requirements set forth in 44 CFR 13.42
Appendix D
Vendor Agrees (YES or NO)
Initials of Authorized Representative
Vendor agrees to comply with federal, state, and local laws, rules, regulations and ordinances, as applicable. It is
further acknowledged that Vendor certifies compliance with provisions, laws, acts, regulations, etc. as noted
above.
This certification shall be effective through the term of the Vendor's Sourcewell awarded contract.
Vendor:
Contract number:
Category:
Maturity date:
Address:
City, state, zip code:
Phone number:
Printed name and title of
authorized representative:
Signature of authorized
representative:
Date:
ADDENDUM ONE (1)°
to that certain
Sourcewell RFP #080818
Issued by
Sourcewell 5M (Formerly NJPA)
for the procurement of
SNOW AND ICE HANDLING EQUIPMENT, SUPPLIES, AND ACCESSORIES
Consider the following to be part of the above -titled RFP: Appendix D.
Appendix D, referenced in Form A - Question 35, was erroneously omitted from the version of the RFP document
originally published on the Sourcewell website and provided to inquirers. Appendix D is attached to this
Addendum, and has now been added to the posted version of the RFP document.
Acknowledgment of Addendum One (1) to RFP #080818 emailed on July 17, 2018.
COMPANY NAME:
SIGNATURE:
DATE:
Please include this signed Addendum with your RFP response.
Appendix D
SOURCEWELLsM (Formerly NJPA) AWARDED VENDOR
REQUIRED FEMA TERMS AND CONDITIONS CERTIFICATION
Procurements by Sourcewellsm (Formerly NJPA) or Sourcewell Members utilizing funds under a federal grant or
contract funded all or in part by the Federal Emergency Management Agency (FEMA) may be subject to specific
federal laws, regulations, and requirements in addition to those under other federal, state and local laws. This may
include, but is not limited to, the procurement standards of the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments, Title 44 of the Code of Federal Regulations, Part 13 (44
CFR Part 13).
The terms included in this section express Vendors willingness and ability to comply with certain requirements
which may be applicable to specific Sourcewell Member purchases using FEMA grant or contract dollars.
Sourcewell Members may also require Proposers to enter into ancillary agreements, in addition to the Sourcewell
contract's general terms and conditions, to address a Member's specific contractual needs, including contract
requirements for a procurement using FEMA grants or contracts. Sourcewell reserves the right at any time within a
contract term to require an awarded Vendor to reaffirm or resubmit proper documentation relating to these
requirements.
Note: The numbering and identification contained within this section is only for reference purposes and does not
identify any actual Federal designation or location of the rule. Rules are located in 44 CFR Part 13.
(A) Pursuant to 44 CFR 13.36(i)(1), Sourcewell is entitled to exercise all administrative, contractual, or other
remedies permitted by law to enforce Vendor's compliance with the terms of the request for proposal and contract
award, including but not limited to those remedies set forth at 44 CFR 13.43.
Vendor Agrees (YES or NO)
Initials of Authorized Representative
(B) Pursuant to 44 CFR 13.36(i)(2), Sourcewell may terminate the contract award for cause or convenience in
accordance with the procedures set forth in the request for proposal and contract award and those provided by 44
CFR 13.44.
Vendor Agrees(YES or NO) Initials of Authorized Representative
(C) Pursuant to 4 CFR 13.36(1)(3)-(6)(12), and (13), Vendor shall comply with the following federal laws during
the term of an award for this contract by Sourcewell:
a. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended
by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor ("DOL")
regulations (41 CFR Ch. 60);
b. Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3);
c. Davis -Bacon Act (40 U.S.C. 276a -276a-7) as supplemented by DOL regulations (29 CFR Part 5);
d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by DOL regulations (29 CFR Part 5);
e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C.
1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and
Appendix D
f Mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89
Stat. 871).
Vendor Agrees (YES or NO)
Initials of Authorized Representative
(D) Pursuant to 44 CFR 13.36(i)(7), Vendor shall comply with FEMA requirements and regulations pertaining to
reporting, including but not limited to those set forth at 44 CFR 40 and 41.
Vendor Agrees (YES or NO) Initials of Authorized Representative
(E) Pursuant to 44 CFR 13.36(i)(8), Vendor agrees to the following provisions regarding patents:
a. During the term of an award for this contract by Sourcewell, all rights to inventions and/or discoveries
that arise or are developed, in the course of or under this request for proposal and contract award, shall
belong to the Sourcewell Member and be disposed of in accordance with their policy. Sourcewell and
Sourcewell members, at its own discretion, may file for patents in connection with all rights to any such
inventions and/or discoveries.
Vendor Agrees (YES or NO) Initials of Authorized Representative
(F) Pursuant to 44 CFR 13.36(i)(9), Vendor agrees to the following provisions, regarding copyrights:
a. During the term of an award for this contract by Sourcewell, any copyrightable material or inventions,
in accordance with 44 CFR 13.34, FEMA reserves a royalty -free, nonexclusive, and irrevocable license
to reproduce, publish or otherwise use, for Federal Government purposes:
(1) The copyright in any work developed under a grant or contract; and
(2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support.
Vendor Agrees (YES or NO)
Initials of Authorized Representative
(G) Pursuant to 44 CFR 13.36(i)(10), Vendor shall maintain any books, documents, papers, and records of the
Vendor which are directly pertinent to this request for proposal and contract award. At any time during normal
business hours and as often as Sourcewell or Sourcewell Members deems necessary, Vendor shall permit Sourcewell
or Sourcewell Member, FEMA, the Comptroller General of United States, or any of their duly authorized
representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and
transcriptions
Vendor Agrees (YES or NO)
Initials of Authorized Representative
(H) Pursuant to 44 CFR 13.36(i)(11), Vendor shall retain all required records for three years after FEMA or
Sourcewell or Sourcewell Members makes final payments and all other pending matters are closed. In addition,
Vendor shall comply with record retention requirements set forth in 44 CFR 13.42
Appendix D
Vendor Agrees (YES or NO)
Initials of Authorized Representative
Vendor agrees to comply with federal, state, and local laws, rules, regulations and ordinances, as applicable. It is
further acknowledged that Vendor certifies compliance with provisions, laws, acts, regulations, etc. as noted
above.
This certification shall be effective through the term of the Vendor's Sourcewell awarded contract.
Vendor:
Contract number:
Category:
Maturity date:
Address:
City, state, zip code:
Phone number:
Printed name and title of
authorized representative:
Signature of authorized
representative:
Date:
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