DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 William Cooper
6/19/2018
AVP & Chief Procurement Officer
DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 DocuSign Envelope ID: 028E053C-8A1D-4DFD-B34F-3B09DF0CE566 6/19/2018
AVP & Chief Procurement Officer
William Cooper
Revised 11/29/17
ARTICLE 1 – GENERAL
The equipment, materials, or supplies (“Goods”) and/or services (“Services”) furnished by Supplier (together, the “Goods and Services”) and covered by the UC Purchase Order (“PO”) and/or other agreement (which, when combined with these Terms and Conditions and any other documents incorporated by reference, will constitute the “Agreement”) are governed by the terms and conditions set forth herein.
As used herein, the term "Supplier" includes Supplier and its sub-suppliers at any tier. As used herein, “UC” refers to The Regents of the University of California, a corporation described in California Constitution Art. IX, Sec. 9, on behalf of the UC Location(s) identified in the Agreement and/or the PO. UC and Supplier individually will be referred to as “Party” and collectively as “Parties.” Any defined terms not defined in these Terms and Conditions of Purchase will have the meaning ascribed to such term in any of the other documents incorporated in and constituting the Agreement. No other terms or conditions will be binding upon the Parties unless accepted by them in writing. Written acceptance or shipment of all or any portion of the Goods, or the performance of all or any portion of the Services, covered by the Agreement, will constitute Supplier’s unqualified acceptance of all of the Agreement’s terms and conditions. The terms of any proposal referred to in the Agreement are included and made a part of the Agreement only to the extent the proposal specifies the Goods and/or Services ordered, the price therefor, and the delivery thereof, and then only to the extent that such terms are consistent with the terms and conditions of the Agreement.
ARTICLE 2 – TERM AND TERMINATION
A. As applicable, the term of the Agreement (“Initial Term”) will be stated in the Agreement. Following the Initial Term, the Agreement may be extended by written mutual agreement.
B. UC’s obligation to proceed is conditioned upon the appropriation of state, federal and other sources of funds not controlled by UC ("Funding"). UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation in the event that through no action or inaction on the part of UC, the Funding is withdrawn.
C. UC may, by written notice stating the extent and effective date thereof, terminate the Agreement for convenience in whole or in part, at any time with not less than the number of days’ notice stated elsewhere in the Agreement. As specified in the termination notice, UC will pay Supplier as full compensation the pro rata Agreement price for performance through the later of the date that( i) UC provided Supplier with notice of termination or (ii) Supplier’s provision of Goods and/or Services will terminate.
D. UC may by written notice terminate the Agreement for Supplier’s breach of the Agreement, in whole or in part, at any time, if Supplier refuses or fails to comply with the provisions of the Agreement, or so fails to make progress as to endanger performance and does not cure such failure within a reasonable period of time, or fails to supply the Goods and/or Services within the time specified or any written extension thereof. In such event, UC may purchase or otherwise secure Goods and/or Services and, except as otherwise provided herein, Supplier will be liable to UC for any excess costs UC incurs thereby.
ARTICLE 3 – PRICING, INVOICING METHOD, AND SETTLEMENT METHOD AND TERMS. Pricing is set forth in the Agreement or Purchase Order Number. Unless otherwise agreed in writing by UC, Supplier will use the invoicing method and payment settlement method (and will extend the terms applicable to such settlement method) set forth in UC’s Supplier Invoicing, Terms & Settlement Matrix. UC will pay Supplier, upon submission of acceptable invoices, for Goods and/or Services provided and accepted. Invoices must be itemized and reference the Agreement or Purchase Order number. UC will not pay shipping, packaging or handling expenses, unless specified in the Agreement or Purchase Order. Unless otherwise provided, freight is to be FOB destination. Any of Supplier’s expenses that UC agrees to reimburse will be reimbursed under UC’s Travel Policy, which may be found at http://www.ucop.edu/central-travelmanagement/resources/index.html. Where applicable, Supplier will pay all taxes imposed on Supplier. Notwithstanding any other provision to the contrary, UC will not be responsible for any fees, interest or surcharges Supplier wishes to impose.
ARTICLE 4 – INSPECTION. The Goods and/or Services furnished will be exactly as specified in the Agreement, free from all defects in Supplier's performance, design, workmanship and materials, and, except as otherwise provided in the Agreement, will be subject to inspection and test by UC at all times and places. If, prior to final acceptance, any Goods and/or Services furnished are found to be incomplete, or not as specified, UC may reject them, require Supplier to correct them without charge, or require provision of such Goods and/or Services at a reduction in price that is equitable under the circumstances. If Supplier is unable or refuses to correct such deficiencies within a time UC deems reasonable, UC may terminate the Agreement in whole or in part. Supplier will bear all risks as to rejected Goods and/or Services and, in addition to any costs for which Supplier may become liable to UC under other provisions of the Agreement, will reimburse UC for all transportation costs, other related costs incurred, or payments to Supplier in accordance with the terms of the Agreement for unaccepted Goods and/or Services and materials and supplies incidental thereto. Notwithstanding final acceptance and payment, Supplier will be liable for latent defects, fraud or such gross mistakes as amount to fraud.
Terms and Conditions of Purchase
Revised 11/29/17
ARTICLE 5 – ASSIGNED PERSONNEL; CHARACTER OF SERVICES
Supplier will provide the Services as an independent contractor and furnish all equipment, personnel and materiel sufficient to provide the Services expeditiously and efficiently, during as many hours per shift and shifts per week, and at such locations as UC may so require.
Supplier will devote only its best-qualified personnel to work under the Agreement. Should UC inform Supplier that anyone providing the Services is not working to this standard, Supplier will immediately remove such personnel from providing Services and he or she will not again, without UC’s written permission, be assigned to provide Services. At no time will Supplier or Supplier’s employees, sub-suppliers, agents, or assigns be considered employees of UC for any purpose, including but not limited to workers’ compensation provisions.
ARTICLE 6 – WARRANTIES
In addition to the warranties set forth in Articles 11, 12, 17, 23, 24, 25 and 26 herein, Supplier makes the following warranties. Supplier acknowledges that failure to comply with any of the warranties in the Agreement will constitute a material breach of the Agreement and UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation.
A. General Warranties. Supplier agrees that the Goods and Services furnished under the Agreement will be covered by the most favorable warranties Supplier gives to any customer for the same or substantially similar goods or services, or such other more favorable warranties as specified in the Agreement. The rights and remedies so provided are in addition to and do not limit any rights afforded to UC by any other article of the Agreement.
B. Permits and Licenses. Supplier agrees to procure all necessary permits or licenses and abide by all applicable laws, regulations and ordinances of the United States and of the state, territory and political subdivision or any other country in which the Goods and/or Services are provided.
C. Federal and State Water and Air Pollution Laws. Where applicable, Supplier warrants that it complies with the requirements in UC Business and Finance Bulletin BUS-56 (Materiel Management; Purchases from Entities Violating State or Federal Water or Air Pollution Laws). Consistent with California Government Code 4477, these requirements do not permit UC to contract with entities in violation of Federal or State water or air pollution laws.
D. Accessibility Requirements. Supplier warrants that:
1. It complies with California and federal disabilities laws and regulations; and
2. The Goods and Services will conform to the accessibility requirements of WCAG 2.0AA.
Supplier agrees to promptly respond to and resolve any complaint regarding accessibility of its Goods and/or Services.
E. Warranty of Quiet Enjoyment. Supplier warrants that Supplier has the right to use all intellectual property that will be needed to provide the Goods and/or Services.
F. California Child Abuse and Neglect Reporting Act ("CANRA"). Where applicable, Supplier warrants that it complies with CANRA.
G. Debarment and Suspension. Supplier warrants that it is not presently debarred, suspended, proposed for debarment, or declared ineligible for award of federal contracts or participation in federal assistance programs or activities.
H. UC Code of Conduct for Trademark Licensees. If the Goods will bear UC’s name (including UC campus names, abbreviations of these names, UC logos, UC mascots, or UC seals) or other trademarks owned by UC, Supplier warrants that it holds a valid license from UC and complies with the Trademark Licensing Code of Conduct policy, available at http://policy.ucop.edu/doc/3000130/TrademarkLicensing.
I. Outsourcing (Public Contract Code section 12147) Compliance. Supplier warrants that if the Agreement will displace UC employees, no funds paid under the Agreement will be used to train workers who are located outside of the United States, or plan to relocate outside the United States as part of the Agreement. Additionally, Supplier warrants that no work will be performed under the Agreement with workers outside the United States, except as described in Supplier’s bid. If Supplier or its subsupplier performs the Agreement with workers outside the United States during the life of the Agreement and Supplier did not describe such work in its bid, Supplier acknowledges and agrees that a) UC may terminate the Agreement without further obligation for noncompliance, and b) Supplier will forfeit to UC the amount UC paid for the percentage of work that was performed with workers outside the United States and not described in Supplier’s bid.
ARTICLE 7 – INTELLECTUAL PROPERTY, COPYRIGHT AND PATENTS A. Goods and/or Services Involving Work Made for Hire.
1. Unless UC indicates that the Goods and/or Services do not involve work made for hire, Supplier acknowledges and agrees that any deliverables provided to UC by Supplier in the performance of the Agreement, and any intellectual property rights therein, (hereinafter the "Deliverables") will be owned by UC. The Deliverables will be considered "work made for hire" under U.S. copyright law and all right, title, and interest to and in such Deliverables including, but not limited to, any and all copyrights or trademarks, will be owned by UC. In the event that it is determined that UC is not the owner of such Deliverables under the
Revised 11/29/17
"work made for hire" doctrine of U.S. copyright law, Supplier hereby irrevocably assigns to UC all right, title, and interest to and in such Deliverables and any copyrights or trademarks thereto.
2. The Deliverables must be new and original. Supplier must not use any pre-existing copyrightable or trademarked images, writings, or other proprietary materials (hereinafter "Pre-Existing Materials") in the Deliverables without UC’s prior written permission. In the event that Supplier uses any Pre-Existing Materials in the Deliverables in which Supplier has an ownership interest, UC is hereby granted, and will have, a non-exclusive, royalty-free, irrevocable, perpetual, paid-up, worldwide license (with the right to sublicense) to make, have made, copy, modify, make derivative works of, use, perform, display publicly, sell, and otherwise distribute such Pre-Existing Materials in connection with the Deliverables.
3. Whenever any invention or discovery is made or conceived by Supplier in the course of or in connection with the Agreement, Supplier will promptly furnish UC with complete information with respect thereto and UC will have the sole power to determine whether and where a patent application will be filed and to determine the disposition of title to and all rights under any application or patent that may result.
4. Supplier is specifically subject to an obligation to, and hereby does, assign all right, title and interest in any such intellectual property rights to UC as well as all right, title and interest in tangible research products embodying any such inventions whether the inventions are patentable or not. Supplier agrees to promptly execute any additional documents or forms that UC may require in order to effectuate such assignment.
B. Goods and/or Services Not Involving Work Made for Hire.
1. If the Goods and/or Services do not involve work made for hire, and in the event that Supplier uses any Pre-Existing Materials in the Deliverables in which Supplier has an ownership interest, UC is hereby granted, and will have, a non-exclusive, royalty-free, irrevocable, perpetual, paid-up, worldwide license (with the right to sublicense) to make, have made, copy, modify, make derivative works of, use, perform, display publicly, sell, and otherwise distribute such Pre-Existing Materials in connection with the Deliverables.
2. The Deliverables must be new and original. Supplier must not use any Pre-Existing Materials in the Deliverables without UC’s prior written permission.
3. Whenever any invention or discovery is made or conceived by Supplier in the course of or in connection with the Agreement, Supplier will promptly furnish UC complete information with respect thereto and UC will have the sole power to determine whether and where a patent application will be filed and to determine the disposition of title to and all rights under any application or patent that may result.
4. Supplier is specifically subject to an obligation to, and hereby does, assign all right, title and interest in any such intellectual property rights to UC as well as all right, title and interest in tangible research products embodying any such inventions whether the inventions are patentable or not. Supplier agrees to promptly execute any additional documents or forms that UC may require in order to effectuate such assignment.
C. General. Should the Goods and/or Services become, or in Supplier’s opinion be likely to become, the subject of a claim of infringement of any patent, copyright, trademark, trade name, trade secret, or other proprietary or contractual right of any third party, Supplier will provide written notice to UC of the circumstances giving rise to such claim or likely claim. In the event that UC receives notice of a claim of infringement or is made a party to or is threatened with being made a party to any claim of infringement related to the Goods and/or Services, UC will provide Supplier with notice of such claim or threat. Following receipt of such notice, Supplier will either (at Supplier’s sole election) (i) procure for UC the right to continue to use the affected portion of the Goods and/or Services, or (ii) replace or otherwise modify the affected portion of the Goods and/or Services to make them noninfringing, or obtain a reasonable substitute product for the affected portion of the Goods and/or Services, provided that any replacement, modification or substitution under this paragraph does not effect a material change in the Goods’ and/or Services’ functionality. If none of the foregoing options is reasonably acceptable to UC, UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation.
ARTICLE 8 – INDEMNITY
Supplier will defend, indemnify, and hold harmless UC, its officers, employees, and agents, from and against all losses, expenses (including, without limitation, reasonable attorneys' fees and costs), damages, and liabilities of any kind resulting from or arising out of the Agreement, including the performance hereunder of Supplier, its officers, employees, agents, sub-suppliers, or anyone directly or indirectly employed by Supplier, or any person or persons under Supplier's direction and control, provided such losses, expenses, damages and liabilities are due or claimed to be due to the acts or omissions of Supplier, its officers, employees, agents, sub-suppliers, or anyone directly or indirectly employed by Supplier, or any person or persons under Supplier's direction and control. UC agrees to provide Supplier with prompt notice of any such claim or action and to permit Supplier to defend any claim or action, and that UC will cooperate fully in such defense. UC retains the right to participate in the defense against any such claim or action, and the right to consent to any settlement, which consent will not unreasonably be withheld.
Revised 11/29/17
ARTICLE 9 – INSURANCE
Supplier, at its sole cost and expense, will insure its activities in connection with providing the Goods and/or Services and obtain, keep in force, and maintain the following insurance with the minimum limits set forth below, unless UC specifies otherwise:
A. Commercial Form General Liability Insurance (contractual liability included) with limits as follows:
1. Each Occurrence $ 1,000,000
2. Products/Completed Operations Aggregate $ 2,000,000
3. Personal and Advertising Injury $ 1,000,000
4. General Aggregate $ 2,000,000
B. Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired automobiles with a combined single limit of not less than one million dollars ($1,000,000) per occurrence. (Required only if Supplier drives on UC premises or transports UC employees, officers, invitees, or agents in the course of supplying the Goods and/or Services to UC.) C. If applicable, Professional Liability Insurance with a limit of two million dollars ($2,000,000) per occurrence with an aggregate of not less than two million dollars ($2,000,000). If this insurance is written on a claims-made form, it will continue for three years following termination of the Agreement. The insurance will have a retroactive date of placement prior to or coinciding with the effective date of the Agreement.
D. Workers' Compensation as required by applicable state law and Employer’s Liability with limits of one million dollars ($1,000,000) per occurrence.
E. If applicable, Supplier Fidelity Bond or Crime coverage for the dishonest acts of its employees in a minimum amount of one million dollars ($1,000,000). Supplier will endorse such policy to include a “Regents of the University of California Coverage” or “Joint Payee Coverage” endorsement. UC and, if so requested, UC’s officers, employees, agents and sub-suppliers will be named as "Loss Payee, as Their Interest May Appear” in such Fidelity Bond.
F. Additional other insurance in such amounts as may be reasonably required by UC against other insurable risks relating to performance. If the above insurance is written on a claims-made form, it will continue for three years following termination of the Agreement. The insurance will have a retroactive date of placement prior to or coinciding with the effective date of the Agreement.
If the above insurance coverage is modified, changed or cancelled, Supplier will provide UC with not less than fifteen (15) days’ advance written notice of such modification, change, or cancellation, and will promptly obtain replacement coverage that complies with this Article.
G. The coverages referred to under A and B of this Article must include UC as an additional insured. It is understood that the coverage and limits referred to under A, B and C of this Article will not in any way limit Supplier’s liability. Supplier will furnish UC with certificates of insurance (and the relevant endorsement pages) evidencing compliance with all requirements prior to commencing work under the Agreement. Such certificates will:
1. Indicate that The Regents of the University of California has been endorsed as an additional insured for the coverage referred to under A and B of this Article. This provision will only apply in proportion to and to the extent of the negligent acts or omissions of Supplier, its officers, agents, or employees.
2. Include a provision that the coverage will be primary and will not participate with or be excess over any valid and collectible insurance or program of self-insurance carried or maintained by UC.
ARTICLE 10 – USE OF UC NAME AND TRADEMARKS
Supplier will not use the UC name, abbreviation of the UC name, trade names and/or trademarks (i.e., logos and seals) or any derivation thereof, in any form or manner in advertisements, reports, or other information released to the public, or place the UC name, abbreviations, trade names and/or trademarks or any derivation thereof on any consumer goods, products, or services for sale or distribution to the public, without UC’s prior written approval. Supplier agrees to comply at all times with California Education Code Section 92000.
ARTICLE 11 – FEDERAL ACQUISITION REGULATIONS – COMMERCIAL GOODS AND SERVICES Supplier who supplies commercial Goods and/or Services certifies and represents its compliance with the following clauses, as applicable.
Supplier shall promptly notify UC of any change of status with regard to these certifications and representations. These certifications and representations are material statements upon which UC will rely:
A. FAR 52.203-13, Contractor Code of Business Ethics and Conduct; B. FAR 52.219-8, Utilization of Small Business Concerns; C. FAR 52.222-4, Contract Work Hours and Safety Standards Act; D. FAR 52.222-17, Nondisplacement of Qualified Workers;
Revised 11/29/17
E. FAR 52.222-21, Prohibition of Segregated Facilities; F. FAR 52.222-26, Equal Opportunity;
G. FAR 52.222-35, Equal Opportunity for Veterans;
H. FAR 52.222-36, Equal Opportunity for Workers with Disabilities; I. FAR 52.222-37, Employment Reports on Veterans;
J. FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act; K. FAR 52.222-41, Service Contract Labor Standards;
L. FAR 52.222-50, Combating Trafficking in Persons;
M. FAR 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements;
N. FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Requirements;
O. FAR 52.222-54, Employment Eligibility Verification;
P. FAR 52.222-55, Minimum Wages Under Executive Order 13658; Q. FAR 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations; and R. FAR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels.
In these provisions, the term "contractor" as used therein will refer to Supplier, and the terms “Government” or “Contracting Officer” as used therein will refer to UC. Where a purchase of items is for fulfillment of a specific U.S. Government prime or subcontract, additional information and/or terms and conditions may be included in an attached supplement. By submitting an invoice to UC, Supplier is representing to UC that, at the time of submission:
1. Neither Supplier nor its principals are presently debarred, suspended, or proposed for debarment by the U.S. government (see FAR 52.209-6);
2. Supplier has filed all compliance reports required by the Equal Opportunity clause (see FAR 52.222-22); and
3. Any Supplier representations to UC about U.S. Small Business Administration or state and local classifications, including but not limited to size standards, ownership, and control, are accurate and complete.
ARTICLE 12 – EQUAL OPPORTUNITY AFFIRMATIVE ACTION
Supplier will abide by the requirements set forth in Executive Orders 11246 and 11375. Where applicable, Supplier will abide by 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a), incorporated by reference with this statement: “This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.” With respect to activities occurring in the State of California, Supplier agrees to adhere to the California Fair Employment and Housing Act. Supplier will provide UC on request a breakdown of its labor force by groups as specified by UC, and will discuss with UC its policies and practices relating to its affirmative action programs. Supplier will not maintain or provide facilities for employees at any establishment under its control that are segregated on a basis prohibited by federal law. Separate or single-user restrooms and necessary dressing or sleeping areas must be provided, however, to ensure privacy.
ARTICLE 13 – LIENS
Supplier agrees that upon UC’s request, Supplier will submit a sworn statement setting forth the work performed or material furnished by sub-suppliers and material men, and the amount due and to become due to each, and that before the final payment called for under the Agreement, will upon UC’s request submit to UC a complete set of vouchers showing what payments have been made for such work performed or material furnished. Supplier will promptly notify UC in writing, of any claims, demands, causes of action, liens or suits brought to its attention that arise out of the Agreement. UC will not make final payment until Supplier, if required, delivers to UC a complete release of all liens arising out of the Agreement, or receipts in full in lieu thereof, as UC may require, and if required in either case, an affidavit that as far as it has knowledge or information, the receipts include all the labor and materials for which a lien could be filed; but Supplier may, if any sub-supplier refuses to furnish a release or receipt in full, furnish a bond satisfactory to UC to indemnify it against any claim by lien or otherwise. If any lien or claim remains unsatisfied after all payments are made, Supplier will refund to UC all monies that UC may be compelled to pay in discharging such lien or claim, including all costs and reasonable attorneys' fees.
Revised 11/29/17
ARTICLE 14 – PREMISES WHERE SERVICES ARE PROVIDED
A. Cleaning Up. Supplier will at all times keep UC premises where the Services are performed and adjoining premises free from accumulations of waste material or rubbish caused by its employees or work of any of its sub-suppliers, and, at the completion of the Services; will remove all rubbish from and about the premises and all its tools, scaffolding, and surplus materials, and will leave the premises "broom clean" or its equivalent, unless more exactly specified. In case of dispute between Supplier and its subsuppliers as to responsibility for the removal of the rubbish, or if it is not promptly removed, UC may remove the rubbish and charge the cost to Supplier.
B. Environmental, Safety, Health and Fire Protection. Supplier will take all reasonable precautions in providing the Goods and Services to protect the health and safety of UC employees and members of the public and to minimize danger from all hazards to life and property, and will comply with all applicable environmental protection, health, safety, and fire protection regulations and requirements (including reporting requirements). In the event that Supplier fails to comply with such regulations and requirements, UC may, without prejudice to any other legal or contractual rights of UC, issue an order stopping all or any part of the provision of the Goods and/or Services; thereafter a start order for resumption of providing the Goods and/or Services may be issued at UC’s discretion. Supplier will not be entitled to make a claim for extension of time or for compensation or damages by reason of or in connection with such stoppage. Supplier will have sole responsibility for the safety of all persons employed by Supplier and its subsuppliers on UC premises, or any other person who enters upon UC premises for reasons relating to the Agreement. Supplier will at all times maintain good order among its employees and all other persons who come onto UC's premises at Supplier's request and will not engage any unfit or unskilled person to provide the Goods and/or Services. Supplier will confine its employees and all other persons who come onto UC's premises at Supplier's request or for reasons relating to the Agreement and its equipment to that portion of UC's premises where the Services are to be provided or to roads leading to and from such work sites, and to any other area which UC may permit Supplier to use. Supplier will take all reasonable measures and precautions at all times to prevent injuries to or the death of any of its employees or any other person who enters upon UC premises at Supplier’s request. Such measures and precautions will include, but will not be limited to, all safeguards and warnings necessary to protect workers and others against any conditions on the premises that could be dangerous and to prevent accidents of any kind whenever the Goods and/or Services are being provided in proximity to any moving or operating machinery, equipment or facilities, whether such machinery, equipment or facilities are the property of or are being operated by, Supplier, its sub-suppliers, UC or other persons. To the extent compliance is required, Supplier will comply with all relevant UC safety rules and regulations when on UC premises.
C. Tobacco-free Campus. UC is a tobacco-free institution. Use of cigarettes, cigars, oral tobacco, electronic cigarettes and all other tobacco products is prohibited on all UC owned or leased sites.
ARTICLE 15 – LIABILITY FOR UC - FURNISHED PROPERTY
Supplier assumes complete liability for any materials UC furnishes to Supplier in connection with the Agreement and Supplier agrees to pay for any UC materials Supplier damages or otherwise is not able to account for to UC's satisfaction. UC furnishing to Supplier any materials in connection with the Agreement will not, unless otherwise expressly provided in writing by UC, be construed to vest title thereto in Supplier.
ARTICLE 16 – COOPERATION
Supplier and its sub-suppliers, if any, will cooperate with UC and other suppliers and will so provide the Goods and/or Services that other cooperating suppliers will not be hindered, delayed or interfered with in the progress of their work, and so that all of such work will be a finished and complete job of its kind.
ARTICLE 17 – ADDITIONAL TERMS APPLICABLE TO THE FURNISHING OF GOODS The terms in this Article have special application to the furnishing of Goods:
A. Price Decreases. Supplier agrees immediately to notify UC of any price decreases from its suppliers, and to pass through to UC any price decreases.
B. Declared Valuation of Shipments. Except as otherwise provided in the Agreement, all shipments by Supplier under the Agreement for UC's account will be made at the maximum declared value applicable to the lowest transportation rate or classification and the bill of lading will so note.
C. Title. Title to the Goods purchased under the Agreement will pass directly from Supplier to UC at the f.o.b. point shown, or as otherwise specified in the Agreement, subject to UC’s right to reject upon inspection.
D. Changes. Notwithstanding the terms in Article 34, Amendments, UC may make changes within the general scope of the Agreement in drawings and specifications for specially manufactured Goods, place of delivery, method of shipment or packing of the Goods by
Revised 11/29/17
giving notice to Supplier and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of the Agreement, UC and Supplier will agree upon an equitable adjustment in the price and/or delivery terms. Supplier may not make changes without UC’s written approval. Any claim of Supplier for an adjustment under the Agreement must be made in writing within thirty (30) days from the date Supplier receives notice of such change unless UC waives this condition in writing. Nothing in the Agreement will excuse Supplier from proceeding with performance of the Agreement as changed hereunder. Supplier may not alter or misbrand, within the meaning of the applicable Federal and State laws, the Goods furnished.
E. Forced, Convict and Indentured Labor. Supplier warrants that no foreign-made Goods furnished to UC pursuant to the Agreement will be produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. If UC determines that Supplier knew or should have known that it was breaching this warranty, UC may, in addition to terminating the Agreement, remove Supplier from consideration for UC contracts for a period not to exceed one year. This warranty is in addition to any applicable warranties in Articles 6 and 11.
F. Export Control. If any of the Goods is export-controlled under the International Traffic in Arms Regulations (22 CFR §§ 120-130), the United States Munitions List (22 CFR § 121.1), or Export Administration Regulations (15 CFR §§ 730-774) 500 or 600 series, or controlled on a military strategic goods list, Supplier agrees to provide UC (the contact listed on the Purchase Order) with written notification that identifies the export-controlled Goods and such Goods’ export classification.
ARTICLE 18 – CONFLICT OF INTEREST
Supplier affirms that, to the best of Supplier’s knowledge, no UC employee who has participated in UC’s decision-making concerning the Agreement has an “economic interest” in the Agreement or Supplier. A UC employee’s “economic interest” means:
A. An investment worth $2,000 or more in Supplier or its affiliate; B. A position as director, officer, partner, trustee, employee or manager of Supplier or its affiliate; C. Receipt during the past 12 months of $500 in income or $440 in gifts from Supplier or its affiliate; or D. A personal financial benefit from the Agreement in the amount of $250 or more.
In the event of a change in these economic interests, Supplier will provide written notice to UC within thirty (30) days after such change, noting such changes. Supplier will not be in a reporting relationship to a UC employee who is a near relative, nor will a near relative be in a decision making position with respect to Supplier.
ARTICLE 19 – AUDIT REQUIREMENTS
The Agreement is subject to the examination and audit of the California State Auditor or Comptroller General of the United States or designated Federal authority for a period of up to five (5) years after final payment under the Agreement. UC, and if the underlying grant or cooperative agreement so provides, the other contracting Party or grantor (and if that be the United States or an instrumentality thereof, then the Comptroller General of the United States) will have access to and the right to examine Supplier’s pertinent books, documents, papers, and records involving transactions and work related to the Agreement until the expiration of five (5) years after final payment under the Agreement. The examination and audit will be confined to those matters connected with the performance of the Agreement, including the costs of administering the Agreement.
ARTICLE 20 – PROHIBITION ON UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION Supplier agrees to hold UC’s Confidential Information, and any information derived therefrom, in strict confidence. Confidential Information shall be defined as any information disclosed by UC to Supplier for the purposes of providing the Good and/or Services which is (i) marked as “Confidential” at the time of disclosure; (ii) disclosed orally, identified at the time of such oral disclosure as confidential, and reduced to writing as “Confidential” within thirty (30) days of such oral disclosure; and (iii) if not marked as “Confidential,” information that would be considered by a reasonable person in the relevant field to be confidential given its content and the circumstances of its disclosure. Confidential Information will not include information that: (i) Supplier can demonstrate by written records was known to Supplier prior to the effective date of the Agreement; (ii) is currently in, or in the future enters, the public domain other than through a breach of the Agreement or through other acts or omissions of Supplier; (iii) is obtained lawfully from a third party; or (iv) is disclosed under the California Public Records Act or legal process. Supplier will not access, use or disclose Confidential Information other than to carry out the purposes for which UC disclosed the Confidential Information to Supplier, except as permitted or required by applicable law, or as otherwise authorized in writing by UC. For avoidance of doubt, this provision prohibits Supplier from using for its own benefit Confidential Information and any information derived therefrom. If required by a court of competent jurisdiction or an administrative body to disclose Confidential Information, Supplier will notify UC in writing immediately upon receiving notice of such requirement and prior to any such disclosure (unless Supplier is prohibited by law from doing so), to give UC an opportunity to
Revised 11/29/17
oppose or otherwise respond to such disclosure. Supplier’s transmission, transportation or storage of Confidential Information outside the United States, or access of Confidential Information from outside the United States, is prohibited except with prior written authorization by UC. UC’s Appendix – Data Security and Privacy and/or Appendix – HIPAA Business Associate will control in the event that one or both appendices is incorporated into the Agreement and conflicts with the provisions of this Article.
ARTICLE 21 – UC WHISTLEBLOWER POLICY
UC is committed to conducting its affairs in compliance with the law, and has established a process for reporting and investigating suspected improper governmental activities. Please visit http://www.ucop.edu/uc-whistleblower/ for more information.
ARTICLE 22 – ENVIRONMENTALLY PREFERABLE PRODUCTS
Supplier will use environmentally preferable products and services (i.e., products and services with a lesser or reduced effect on human health and the environment), to the maximum possible extent consistent with the Agreement. Information on environmentally preferable products and services is available at: http://www.epa.gov/opptintr/epp/.
ARTICLE 23 – PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA) EMPLOYER SHARED RESPONSIBILITY If the Services involve Supplier furnishing UC with temporary or supplementary staffing, Supplier warrants that:
A. If Supplier is an Applicable Large Employer (as defined under Treasury Regulation Section 54.4980H-1(a)(4)):
1. Supplier offers health coverage to its full-time employees who are performing Services for UC;
2. Supplier’s cost of enrolling such employees in Supplier’s health plan is factored into the fees for the Services; and
3. The fees for the Services are higher than what the Services would cost if Supplier did not offer health coverage to such full-time employees.
B. If Supplier is not an Applicable Large Employer (as defined above):
1. Supplier offers group health coverage to its full-time employees who are performing Services for UC and such coverage is considered Minimum Essential Coverage (as defined under Treasury Regulation Section 1-5000A-2) and is Affordable (as defined under Treasury Regulation Section 54.4980H-5(e)); or
2. Supplier’s full-time employees who are performing services for UC have individual coverage and such coverage satisfies the PPACA requirements for mandated individual coverage.
Supplier acknowledges that UC is relying on these warranties to ensure UC’s compliance with the PPACA Employer Shared Responsibility provision.
ARTICLE 24 - PREVAILING WAGES
Unless UC notifies Supplier that the Services are not subject to prevailing wage requirements, Supplier will comply, and will ensure that all sub-suppliers comply, with California prevailing wage provisions, including but not limited to those set forth in Labor Code sections 1770, 1771, 1771.1, 1772, 1773, 1773.1, 1774, 1775, 1776, 1777.5, and 1777.6. For purposes of the Agreement, the term “sub-supplier” means a person or firm, of all tiers, that has a contract with Supplier or with a sub-supplier to provide a portion of the Services. The term sub-supplier will not include suppliers, manufacturers, or distributors. Specifically, and not by way of limitation, if apprenticable occupations are involved in providing the Services, Supplier will be responsible for ensuring that Supplier and any sub-suppliers comply with Labor Code Section 1777.5. Supplier and sub-supplier may not provide the Services unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 and 1771.1. Notwithstanding the foregoing provisions, Supplier will be solely responsible for tracking and ensuring proper payment of prevailing wages regardless if Services are partially or wholly subject to prevailing wage requirements. In every instance, Supplier will pay not less than the UC Fair Wage (defined as $13 per hour as of 10/1/15, $14 per hour as of 10/1/16, and $15 per hour as of 10/1/17) for Services being performed at a UC Location (defined as any location owned or leased by UC).
The California Department of Industrial Relations (DIR) has ascertained the general prevailing per diem wage rates in the locality in which the Services are to be provided for each craft, classification, or type of worker required to provide the Services. A copy of the general prevailing per diem wage rates will be on file at each UC Location’s procurement office, and will be made available to any interested party upon request. Supplier will post at any job site:
A. Notice of the general prevailing per diem wage rates, and B. Any other notices required by DIR rule or regulation.
Revised 11/29/17
By this reference, such notices are made part of the Agreement. Supplier will pay not less than the prevailing wage rates, as specified in the schedule and any amendments thereto, to all workers employed by Supplier in providing the Services. Supplier will cause all subcontracts to include the provision that all sub-suppliers will pay not less than the prevailing rates to all workers employed by such subsuppliers in providing the Services. The Services are subject to compliance monitoring and enforcement by the DIR. Supplier will forfeit, as a penalty, not more than $200 for each calendar day or portion thereof for each worker that is paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any portion of the Services provided by Supplier or any sub-supplier. The amount of this penalty will be determined pursuant to applicable law. Such forfeiture amounts may be deducted from the amounts due under the Agreement. If there are insufficient funds remaining in the amounts due under the Agreement, Supplier will be liable for any outstanding amount remaining due. Supplier will also pay to any worker who was paid less than the prevailing wage rate for the work or craft for which the worker was employed for any portion of the Services, for each day, or portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker. Review of any civil wage and penalty assessment will be made pursuant to California Labor Code section 1742.
ARTICLE 25 – FAIR WAGE/FAIR WORK
If the Services will be performed at one or more UC Locations, do not solely involve furnishing Goods, and are not subject to extramural awards containing sponsor-mandated terms and conditions, Supplier warrants that it is in compliance with applicable federal, state and local working conditions requirements, including but not limited to those set forth in Articles 11, 12 and 14 herein, and that Supplier pays its employees performing the Services no less than the UC Fair Wage. Supplier agrees UC may conduct such UC Fair Wage/Fair Work interim compliance audits as UC reasonably requests, as determined in UC’s sole discretion. Supplier agrees to post UC Fair Wage/Fair Work notices, in the form supplied by UC, in public areas (such as break rooms and lunch rooms) frequented by Supplier employees who perform Services.
For Services that exceed $100,000 annually and are not subject to prevailing wage requirements, Supplier will, a) at Supplier’s expense, provide an annual independent audit performed by Supplier’s independent auditor or independent internal audit department (http://na.theiia.org/standards-guidance/topics/Pages/Independence-and-Objectivity.aspx) in compliance with UC’s required audit standards and procedures (http://www.ucop.edu/procurement-services/_files/fw-fw-annual-audit-standards-procedures.pdf), concerning Supplier’s compliance with this provision, and b) ensure that in the case of a UC interim audit, its auditor makes available to UC its UC Fair Wage/Fair Work work papers for the most recently audited time period. Supplier agrees to provide UC with a UC Fair Wage/Fair Work certification annually, in a form acceptable to UC, no later than ninety days after each one year anniversary of the agreement’s effective date, for the twelve months immediately preceding the anniversary date.
ARTICLE 26 – MEDICAL DEVICES
This Article applies when the Goods and/or Services involve UC purchasing or leasing one or more medical devices from Supplier, or when Supplier uses one or more medical devices in providing Goods and/or Services to UC.
Medical Device as used herein will have the meaning provided by the U.S. Food and Drug Administration (“FDA”) and means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part, or accessory which is: (i) recognized in the official National Formulary, or the United States Pharmacopoeia, or any supplement to them; (ii) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or (iii) intended to affect the structure or any function of the body of man or other animals, and which does not achieve any of its primary intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its primary intended purposes.
Supplier warrants that prior to UC’s purchase or lease of any Goods and/or Services or Supplier’s use of any product in providing Goods and/or Services hereunder, Supplier will: (i) perform security testing and validation for each such Goods and/or Services or product, as applicable; (ii) perform a security scan by an anti-virus scanner, with up-to-date signatures, on any software embedded within any Goods and/or Services or products, as applicable, in order to verify that the software does not contain any known viruses or malware; (iii) conduct a vulnerability scan encompassing all ports and fuzz testing; and (iv) provide UC with reports for (i) – (iii). Supplier warrants that all security testing performed by Supplier covers all issues noted in the “SANS WE TOP 25” and/or “OWASP Top 10” documentation.
Throughout Supplier’s performance of this Agreement, Supplier will provide UC with reasonably up-to-date patches, firmware and security updates for all Goods and/or Services provided to UC, and other products used in the course of providing Services, as applicable. All such
Revised 11/29/17
patches and other security updates will be made available to UC within thirty (30) days of its commercial release or as otherwise recommended by Supplier or Supplier’s sub-supplier, whichever is earlier.
Supplier warrants that all software and installation media not specifically required for any products used by Supplier or Goods and/or Services delivered to UC under this Agreement as well as files, scripts, messaging services and data will be removed from all such Goods or products following installation, and that all hardware ports and drives not required for use or operation of such Goods and/or Services or products will be disabled at time of installation. In addition, Medical Devices must be configured so that only Supplier-approved applications will run.
Supplier agrees that UC may take any and all actions that it, in its sole discretion, deems necessary to address, mitigate and/or rectify any real or potential security threat, and that no such action, to the extent such action does not compromise device certification, will impact, limit, reduce or negate Supplier’s warranties or any of Supplier’s other obligations hereunder.
Supplier warrants that all of the Goods and/or Services provided to UC, and other products used in the course of providing such Goods and/or Services, meet and comply with all cyber-security guidance and similar standards promulgated by the U.S. Food and Drug Administration and any other applicable regulatory body.
If the Goods and/or Services entail provision or use of medical devices, Supplier will provide UC with a completed Manufacturer Disclosure Statement for Medical Device Security (MDS2) form for each such medical device before UC is obligated to purchase or lease such medical device or prior to Supplier’s use of such device(s) in its performance of Services. If Supplier provides MDS2 form(s) to UC concurrently with its provision of Goods and/or Services, UC will have a reasonable period of time to review such MDS2 form(s), and if the MDS2 form(s) is unacceptable to UC, then UC in its sole discretion may return the Goods or terminate the Agreement with no further obligation to Supplier.
ARTICLE 27 – FORCE MAJEURE
Neither Party will be liable for delays due to causes beyond the Party’s control (including, but not restricted to, war, civil disturbances, earthquakes, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather).
ARTICLE 28 – ASSIGNMENT AND SUBCONTRACTING
Except as to any payment due hereunder, Supplier may not assign or subcontract the Agreement without UC’s written approval. In case such consent is given, the assignee or subcontractor will be subject to all of the terms of the Agreement.
ARTICLE 29 – NO THIRD-PARTY RIGHTS
Nothing in the Agreement is intended to make any person or entity that is not a signer to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.
ARTICLE 30 – OTHER APPLICABLE LAWS
Any provision required to be included in a contract of this type by any applicable and valid federal, state or local law, ordinance, rule or regulations will be deemed to be incorporated herein.
ARTICLE 31 – NOTICES
A Party must send any notice required to be given under the Agreement by overnight delivery or by certified mail with return receipt requested, to the other Party’s representative at the address specified by such Party.
ARTICLE 32 – SEVERABILITY
If a provision of the Agreement becomes, or is determined to be, illegal, invalid, or unenforceable, that will not affect the legality, validity or enforceability of any other provision of the Agreement or of any portion of the invalidated provision that remains legal, valid, or enforceable.
ARTICLE 33 – WAIVER
Waiver or non-enforcement by either Party of a provision of the Agreement will not constitute a waiver or non-enforcement of any other provision or of any subsequent breach of the same or similar provision.
Revised 11/29/17
ARTICLE 34 – AMENDMENTS
The Parties may make changes in the Goods and/or Services or otherwise amend the Agreement, but only by a writing signed by both Parties’ authorized representatives.
ARTICLE 35 – GOVERNING LAW AND VENUE
California law will control the Agreement and any document to which it is appended. The exclusive jurisdiction and venue for any and all actions arising out of or brought under the Agreement is in a state court of competent jurisdiction, situated in the county in the State of California in which the UC Location is located or, where the procurement covers more than one UC Location, the exclusive venue is Alameda County, California.
ARTICLE 36 – SUPPLIER TERMS
Any additional terms that Supplier includes in an order form or similar document will be of no force and effect, unless UC expressly agrees in writing to such terms.
ARTICLE 37 – SURVIVAL CLAUSE
Upon expiration or termination of the Agreement, the following provisions will survive: WARRANTIES; INTELLECTUAL PROPERTY, COPYRIGHT AND PATENTS; INDEMNITY; USE OF UC NAMES AND TRADEMARKS; LIABILITY FOR UC-FURNISHED PROPERTY; COOPERATION; TERMS APPLICABLE TO THE FURNISHING OF GOODS; AUDIT REQUIREMENTS; PROHIBITION ON UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION; GOVERNING LAW AND VENUE, and, to the extent incorporated into the Agreement, the terms of the APPENDIX–DATA SECURITY and/or APPENDIX–BUSINESS ASSOCIATES.
This Electronic Commerce Appendix specifies the electronic commerce requirements applicable to Supplier in providing the Goods and/or Services.
SECTION 1 - GENERAL TERMS
Each UC Location offers an electronic web-based purchasing and catalog system to facilitate the purchase of Goods and/or Services from UC suppliers. UC Locations’ eProcurement systems currently are provided by two suppliers.
This Appendix sets forth the terms and conditions that will govern Supplier’s sale of Goods and/or Services through UC’s eProcurement systems.
SECTION 2 - DEFINITIONS
Catalog(s) refers to the list of detailed product information, agreement pricing, manufacturer part numbers and/or service descriptions relating to the Goods and/or Services to be offered either as a Punch-Out Catalog, a Hosted Catalog or in a combination. This may include the creation of multiple Hosted Catalogs. eProcurement and eCommerce are used interchangeably to mean UC’s electronic web-based purchasing and catalog systems. Each UC location has a branded eProcurement site.
Go Live Date means the date on which a Catalog will be active.
Hosted Catalog means a Catalog that is a properly formatted computer file supplied to all UC Locations through the Locations’ respective eProcurement systems.
Order means a purchase order for Goods and/or Services placed by a User through an eProcurement system.
Order Data means all data and information relating to Orders, including, without limitation, the specifics of a given transaction.
Punch-Out Catalog means a Catalog, hosted by Supplier on Supplier’s Site. Users may access this Punch-Out Catalog via an internet link provided by Supplier to UC that redirects a User from the campus eProcurement site to Supplier Site. The Punch-Out Catalog will permit: (a) Users to access the Supplier Website when a User selects the Punch-Out Catalog; (b) User to create an Order through the eProcurement sites; and (c) UC eProcurement sites to forward an Order to Supplier for confirmation and Order processing along with Order status inquiry.
Supplier Mark means Supplier’s name, trade name, and/or trademarks, service mark, or any derivation thereof.
Supplier Site means an internet site operated and maintained by Supplier that has been made subject to this Appendix.
UC Mark means UC’s name, trade name, and/or trademarks, service marks, or any derivation thereof.
User means an individual authorized by a UC location to use an eProcurement system.
SECTION 3 – RIGHT TO USE
UC grants to Supplier the right to sell Goods and/or Services to UC through the eProcurement systems. Supplier will be responsible for any cost of operation or dispute with regard to its interface with UC’s eProcurement systems.
Appendix- Electronic Commerce
Attachment B - Appendix - Electronic Commerce
SECTION 4 – ESTABLISHMENT/MAINTENANCE OF CATALOG; SITE RESPONSIBILITY; LICENSE (a) Establishment and Maintenance. The parties agree to electronically link the functionality of their respective systems, using commercially reasonable efforts. Supplier will provide its Catalog(s) to UC in a file format that will interface seamlessly with UC’s eProcurement systems. These Catalog files will be in compliance with each UC Location’s eProcurement system and Order Data will be transmitted according to the appropriate cXML or xCBL standards as the case may be. For Hosted Catalogs, Supplier must provide UC with updated versions of the Catalog file with, at a minimum, full descriptions and images that Supplier currently utilizes for items offered in its proprietary websites and Punch-Out Catalogs. The parties will update each other regarding eCommerce specifications as needed from time to time.
Supplier must notify UC’s Contract Administrator at least three (3) weeks in advance of the proposed Go Live Date if it will be requesting additions, deletions or modifications to the Catalogs. After such advance notification, Supplier must provide UC with Catalog files containing the requested additions, deletions or modifications with no less than the lead time directed by UC’s Contract Administrator; provided, however, that for all Catalogs that Supplier requests to have a January 1 Go Live Date, Supplier must submit proposed files no later than December 1.
Upon UC’s approval of the new Catalog file, Supplier will make the updated version of the Catalog file effective on the Go Live Date on which UC and Supplier agree. If UC rejects a Catalog more than once because it does not meet UC’s acceptance criteria, the Contract Administrator will suspend Supplier’s price/content change until the date of Supplier’s next contracted change.
If there is a conflict between a price in a Hosted Catalog and a Punch-Out Catalog, UC will be invoiced at the lower price. If the price discrepancy is due to UC’s failure to timely update a Hosted Catalog, Supplier may charge the higher price and UC will work with Supplier to rectify the problem as quickly as possible.
All Supplier-provided pricing in any Catalogs, whether Hosted or Punch-Out, will be inclusive of all shipping, handling, fees and charges of any sort, except applicable taxes.
Supplier is responsible for providing UC with Catalogs that contain accurate pricing and data in accordance with the Agreement. If UC determines there are errors in the pricing or data attributes of a Catalog, UC will notify Supplier of those errors in writing and reject the Catalog. Supplier will have no more than ten (10) business days to review and correct the errors. Supplier agrees that UC may block customized Catalogs at the SKU and/or category level.
UC’s Terms and Conditions of Purchase state that the Goods and/or Services must be exactly as specified in the Agreement. For the avoidance of doubt, this means that Supplier may not, without UC’s prior consent, substitute items, change SKU numbers or change the number of items in a package in any Catalog. (b) Site Responsibility. Except as otherwise set forth herein, each party will be responsible, at its own expense, for:
(i) developing, operating and maintaining its website; (ii) acquiring and maintaining its server hardware and software (or obtaining third-party hosting services) for its website; and (iii) maintaining Internet connectivity. (c) License. Supplier hereby grants to UC, at no additional cost, a limited, non-exclusive, royalty-free right to link to and access the Supplier Site from the eProcurement sites, subject to the terms and conditions herein and solely for the purpose of permitting Users to access the Services. All Supplier Marks will remain the sole property of Supplier.
SECTION 5 – USER SUPPORT
(a) UC Duties. Each UC Location will provide its Users with initial contact and system support assistance on all functionality and use issues for eProcurement (including links to the Supplier Site). When known, UC will promptly notify Supplier of any such issues relating to the Catalog, the Supplier Site and/or other Supplier materials/systems.
Attachment B - Appendix - Electronic Commerce
(b) Supplier Duties. Supplier will provide all customer support relating to the Catalog, Supplier Goods and/or Services and Supplier Sites in a manner consistent with the customer support that Supplier provides to other customers, and at least as good as the customer support that Supplier provides to customers who are purchasing through means other than websites.
SECTION 6 – PROPRIETARY RIGHTS
UC’s Terms and Conditions of Purchase contains provisions regarding the parties’ rights and responsibilities with respect to intellectual property relating to the Goods and Services. Without altering those provisions, the parties additionally agree as follows. UC may require Supplier to “brand” Supplier’s Punch-Out Catalog with one or more UC Marks. If UC requires Supplier to utilize one or more UC Marks on Supplier’s Punch-Out Catalog, UC will provide the appropriate artwork and such artwork will be deemed to have been provided with a limited, nonexclusive, non-sublicensable right for Supplier to use it solely for the purpose of a UC-branded Punch-Out Catalog hosted by Supplier and subject to the following terms:
Supplier may not make any additional use of the UC Marks without UC’s prior written approval.
Supplier’s use of the UC Marks in the Punch-Out Catalog must acknowledge UC's ownership of the UC Marks.
Supplier will include all notices and legends with respect to UC trademarks, trade names, or copyrights as may be required by applicable trademark and copyright laws or which may be reasonably requested by UC. Supplier agrees not to claim any title to UC Marks or any right to use UC Marks except as permitted by this Appendix. Upon termination of this Appendix or the Agreement, all rights to UC Marks conveyed by UC to Supplier will cease and Supplier will destroy or return to UC all media with UC Marks. UC specifically reserves any and all rights to UC Marks not specifically granted to Supplier.
Supplier grants to UC the right to use Supplier's trademarks, logos, trade names, and service marks for the purpose of promoting UC eProcurement sites to the UC community. UC acknowledges Supplier's right, title and interest in and to Supplier’s Marks and Supplier’s exclusive right to use and license the use of Supplier Marks and agrees not to claim any title to Supplier Marks or any right to use Supplier Marks except as permitted by this Addendum. UC will include all notices and legends with respect to Supplier trademarks, trade names, or copyrights as may be required by applicable trademark and copyright laws or which may be reasonably requested by Supplier. Upon termination of this Appendix, all rights to Supplier Marks conveyed by Supplier to UC will cease and UC will destroy or return to Supplier all media with Supplier Marks. Supplier specifically reserves any and all right to Supplier Marks not specifically granted to UC.
The licenses granted in the previous paragraphs regarding UC Marks and Supplier Marks are subject to the ongoing approval of the party owning the respective trademarks, logos, trade names, or copyrights. Such ongoing approval includes the ability to terminate – at any time, for any reason, and in the sole discretion of the owner of the respective trademarks, logos, trade names, or copyrights – the trademark licenses provided in the preceding paragraphs for any particular trademark, logo, trade name, or copyrighted work without necessarily terminating this Appendix. Each party agrees not to take any action that will adversely reflect upon or damage the goodwill, reputation, or the brand value of the other party. Each party further agrees not to take any action that is inconsistent with the other party’s ownership of the respective trademarks, trade names, or copyrights. At all times (including following termination of the Agreement), Supplier agrees to comply with Section 92000 of California’s Education Code.
(a) Grant of License. Supplier hereby grants UC a non-exclusive, royalty-free: (i) license to use, copy, transmit, and display the Catalog, any information contained therein and the Supplier Marks for the purposes of permitting Customers to access information about and order Supplier Goods and/or Services from a Catalog and (ii) if Supplier is using a Punch-Out Catalog, right to link to and access the Punch-Out Catalog on the Supplier Site, for the purposes of permitting Customers to access the Supplier Website and permitting Customers to order Supplier Goods and/or Services.
Attachment B - Appendix - Electronic Commerce
(b) Modifications. UC will not modify or remove any of the proprietary rights markings in the Catalog. UC will not modify the Catalog, except as supplied by Supplier. UC will not make any representations or warranties, or provide any information, to any third party regarding any Supplier Goods and/or Services (including, but not limited to, any representations or warranties of any information regarding availability, delivery, pricing, characteristics, qualifications or specifications thereof). If UC believes in good faith that any Supplier information does not conform to the requirements of the associated UC Agreement or this Appendix, UC will be entitled to withdraw the Catalog from UC eProcurement sites. In such a case, UC will promptly notify the Supplier of the actions it has taken and will work with the Supplier promptly to resolve UC’s concerns. When UC’s concerns are satisfactorily resolved, UC will promptly restore the Catalog, if appropriate. UC will have no liability to the Supplier or anyone else for exercising these rights.
(c) Acknowledgment. Each party acknowledges that the technology embodied in the other party’s Site may be based on patented or patentable inventions, trade secrets, copyrights or other intellectual property or proprietary rights (“Intellectual Property Rights”) owned by the other party and its applicable licensors. (d) UC Rights. As between the parties, UC will be the sole owner of – or, with respect to any items licensed by UC, will retain all rights to – UC eProcurement sites and all Intellectual Property Rights associated with UC eProcurement sites, including any modifications, updates, enhancements or upgrades to any of the foregoing, as well as any Order Data generated or collected on such Site (collectively, the “UC Materials”). Except as provided herein, Supplier may not copy or use in any way, in whole or in part, any UC Materials without UC’s prior written approval. Any permitted copies of such property, in whole or in part, alone or as part of a derivative work, will remain UC’s sole property. Supplier agrees to reproduce and include UC’s copyright, trademark and other proprietary rights notices on any permitted copies of UC Materials including, without limitation, partial copies and copied materials in derivative works. Supplier will not copy or reproduce any third-party copyrighted or trademarked materials, which appear on or are otherwise associated with any UC eProcurement site without UC’s prior written consent.
SECTION 7 – MULTIPLE SUPPLIERS
Supplier acknowledges that all UC eProcurement sites are intended to facilitate Users’ ability to obtain Goods and/or Services from more than one supplier. Nothing in this Appendix will be construed to prevent UC from entering into similar agreements with any third parties including, without limitation, suppliers that may be in competition with Supplier.
SECTION 8 – WARRANTY DISCLAIMER
UC does not warrant that access to UC eProcurement sites will be uninterrupted or that the results obtained by use of UC eProcurement sites will be error-free.
SECTION 9 – DISPUTES AND CHANGES IN THE SERVICES
(a) UC and Supplier agree to negotiate in good faith to resolve problems, questions and disputes. (b) Where improvements and clarifications can be made in the business processes related to eProcurement, both parties agree to incorporate such changes as long as they are mutually agreed upon.
SECTION 10 – ADDITIONAL CONTRACTUAL TERMS [Optional Section] [Buyer: select from the following alternatives]
In addition to the provisions of Section 4, these provisions will govern the Catalogs. If the provisions of Sections 4 and 10 conflict, this Section will govern; provided, however, that regardless of the provisions of this Section, Attachment B - Appendix - Electronic Commerce
Supplier must provide UC with Catalog files containing the requested additions, deletions or modifications with no less than the lead time directed by UC’s Contract Administrator and that for all Catalogs that Supplier requests to have a January 1 Go Live Date, Supplier must submit proposed files no later than December 1.
Annual Number of Catalogs: Supplier is allowed to submit no more than [number] catalogs per calendar year, with changes as follows:
• Content Additions, Deletions and Other Non-pricing Edits: [insert number of times Supplier can change its content; quarterly or biannually would be recommended]
• Price Changes: [insert number of times Supplier can change its price; once per year would be recommended] Maximum Number of SKUs: [insert number]
Acceptable Categories within Catalog: [list categories] Sample Calendar of Changes: [adapt as needed; this version assumes one pricing change per year and three content changes per year]
UC’s
Fiscal
Quarter
Calendar
Quarter Month New Pricing
Content
Updates
FQ3 Q1
January
February
2/15 File
Submission
March
3/1 Go
Live
FQ4 Q2
April
May
5/15 File
Submission
June
6/1 Go
Live
FQ1 Q3
July
August
8/15 File
Submission
September
9/1 Go
Live
FQ2 Q4
October
December
12/1 File
Submission
Following
January
1/1 Go
Live
Attachment B - Appendix - Electronic Commerce
University of California RFP-MRO-UCSystemWide-Jan312018 5 University of California (UC)
REQUEST FOR PROPOSAL#
RFP-MRO-UCSystemWide-Jan312018
FOR
CALIFORNIA HIGHER EDUCATION PROCUREMENT OF
MAINTENANCE REPAIR AND OPERATIONS (MRO)
SUPPLIES AND RELATED SERVICES
On behalf of California Higher Education Strategic Sourcing (CHESS) and other government agencies and non-profits
Date Issued: 01/31/18
Responses Due: 03/17/18@ 3pm PST
It is the Supplier’s responsibility to read the entire document, any addenda, and to comply with all requirements listed herein. Any addenda to this Request for Proposal will be directed to all participating Suppliers. It is the Supplier’s responsibility to watch their e-mail for any addenda, notices, or changes to the RFP or process.
Issued by: The Regents of the University of California
Adrian Ferreira, MRO & Facilities Commodity Manager
Center of Excellence University of California Office of the President 7835 Trade Street, San Diego, CA, 92121
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
Bid RFP-MRO-UCSystemWide-Jan312018
MAINTENANCE REPAIR AND OPERATIONS (MRO) SUPPLIES
AND RELATED SERVICES
Bid Number RFP-MRO-UCSystemWide-Jan312018
Bid Title MAINTENANCE REPAIR AND OPERATIONS (MRO) SUPPLIES AND RELATED SERVICES Bid Start Date Jan 31, 2018 7:27:21 AM PST
BidEndDate March 17, 2018 3:00:00 PM PST
Question & Answer
End Date March 02, 2018 8:00:00 AM PST
Bid Contact Adrian Ferreira
MRO & Facilities - Commodity Manager
Center of Excellence University of California Office of the President [email protected]
Vendor Conference February 05, 2018 9:00:00AM PST
Attendance is non-mandatory
Location: THERE WILL BE A NON-MANDATORY VENDOR CONFERENCE ON FEBRUARY 05, 2018 AT 9:00 AM PACIFIC STANDARD TIME, VIA WEB CONFERECE USING ZOOM APPLICATION.
Web Conference Meeting Link: https://UCOP.zoom.us/j/380679787 Dial In option US: +1 669 900 6833 Meeting ID: 380 679 787 Link and number is only available during time of Vendor Conference. If an Offeror is unable to attend the pre-proposal conference, recording of presentation will be attached to GEP system upon completion.
Description
University of California Office of the President (herein “Principal Procurement Agency” on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is soliciting proposals from qualified Suppliers to enter into a Master Agreement for a complete line of Maintenance Repair and Operating (MRO) Supplies and Related Products and Services (herein “Products and Services”).
In addition, Supplier is to propose any related services to MRO currently being offered.
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
TABLE OF CONTENT
SECTIONS:
1.0 INTENT
2.0 SCOPE OF WORK
3.0 PROCUREMENTREQUIREMENTS
4.0 TERMS AND CONDITIONS
5.0 INSTRUCTIONS
ATTACHMENTS:
ATTACHMENT A PRICING
ATTACHMENT A-1 PRICING ANALYSIS WORKBOOK
ATTACHMENT B RETAIL STORES AND WAREHOUSE LOCATIONS
ATTACHMENT C NATIONAL IPA REQUIREMENTS
ATTACHMENT D APPENDIX ELECTRONIC COMMERCE
ATTACHMENT E UC PARTICIPATING ENTITIES
ATTACHMENT F CSU PARTICIPATING ENTITIES
ATTACHMENT G CCC PARTICIPATING ENTITIES
ATTACHMENT H AICCU PARTICIPATING ENTITIES
ATTACHMENT I SETTLEMENT MATRIX TERMS
ATTACHMENT J CHESS HOLIDAY SCHEDULE
ATTACHMENT K SUSTAINABILITY SPECIFICATIONS
ATTACHMENT L CAMPUS MATRIX
ATTACHMENT M UC LOCAL SMALL BUSINESS OPT-IN SOLUTION (BETA) EXHIBITS:
EXHIBIT 1 SUPPLIERREGISTRATION PROCEDURES
EXHIBIT 2 DRAFT PURCHASE AGREEMENT
EXHIBIT 3 INSURANCE CERTIFICATE EXAMPLE
EXHIBIT 4 CHESS FACILITIES MANAGEMENT REQUIREMENTS
EXHIBIT 5 QUARTERLY REPORT
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
REQUEST FOR PROPOSAL FOR MAINTENANCE REPAIR AND OPERATION SUPPLIES, AND RELATED PRODUCTS AND SERVICES (National IPA)
1.0 INTRODUCTION, BACKGROUND AND INTENT:
1.1 MASTER AGREEMENT
University of California Office of the President (UCOP) (herein “Principal Procurement Agency” on behalf of itself, California State University (CSU), California Community Colleges (CCC) represented by Foundation for California Community Colleges (FCCC) and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is soliciting proposals from qualified Suppliers to enter into a Master Agreement for a complete line of Maintenance, Repair and Operating (MRO) Supplies & Related Products and Services (herein “Products and Services”).
Moving forward, all three organizations UC, CSU, CCC will be referenced as California Higher Education Strategic Sourcing (CHESS).
1.2 OBJECTIVES
A. Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Participating Public Agencies.
B. Establish Master Agreement, with a Five (5) year term and two one (1) year options, as a Supplier’s primary offering to Participating Public Agencies.
C. Achieve cost savings for Suppliers and Participating Public Agencies through a competitive solicitation process that eliminates the need for multiple bids or proposals.
D. Combine the volumes of CHESS and Participating Public Agencies to achieve cost effective pricing; E. Reduce the administrative and overhead costs of Suppliers and Participating Public Agencies through state of the art ordering and delivery systems.
F. Provide Participating Public Agencies with environmentally responsible products and services.
G. Small Business and/or Diverse Solution available to comply with those campuses required to meet Participating Entity obligations. A BETA solution is outlined in Attachment M.
H. The goal of the RFP is to establish a national contract(s).If Suppliers are unable to propose a national program due to conflicts with legal obligations or coverage area, Supplier may indicate so and propose a regional or direct solution. CHESS will evaluate responses in their entirety and determine award based on the most advantageous.
1.3 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Suppliers are to propose the broadest possible selection of MAINTENANCE, REPAIR, OPERATIONS SUPPLIES, AND RELATED PRODUCTS AND SERVICES they offer.
The intent of this solicitation is to provide Participating Public Agencies with a comprehensive offering of products and services to meet their various needs. Therefore, University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
the Proposers should have demonstrated experience in providing the Products and Services as defined in this RFP, including but not limited to:
1.3.1 Maintenance, Repair, Operations (MRO) Supplies and Related Services – A complete and comprehensive offering of MRO supplies such as but not limited to appliances, material handling repairs, air filters, batteries, electrical, fasteners, hand tools, HVAC, lighting, lamps, ballast, fixtures, material handling repairs, motors, outdoor equipment, paint and equipment supplies, plumbing, pneumatic tools, power tools and accessories, safety, security, welding and soldering, public safety and any other miscellaneous MRO supplies offered by Supplier. Also include sourcing options for items not readily available.
1.3.2 Related Products and Services– A complete range of related products and services offered by Supplier including, but not limited to, supplier-managed inventory, vending machines, storehouse analytics, inventory management, safety training, and any other related services.
1.4 National Contract Requirements
University of California (UC), as the Principal Procurement Agency, as defined in Attachment C, has partnered with the National Intergovernmental Purchasing Alliance Company (“National IPA”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by National IPA) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through National IPA’s cooperative purchasing program. University of California (UC) is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement.
Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA’s cooperative purchasing program. Attachment C contains additional information on National IPA and the cooperative purchasing agreement.
National IPA is a subsidiary of OMNIA Partners which provides shared services and supply chain optimization to government, education and the private sector. As a channel partner with Vizient (formally, Novation), National IPA leverages over $100 billion in annual supply spend to command the best prices on products and services. With corporate, pricing and sales commitments from the Supplier, National IPA provides marketing and administrative support for the Supplier that directly promotes the Supplier’s products and services to Participating Public Agencies though multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and competed. The Supplier benefits from a contract that allows Participating Public Agencies to directly purchase goods and services without the Supplier’s need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Supplier and respond to the National IPA documents (Attachment C).
The University of California (UC) anticipates spending approximately $250 million over the full potential Master Agreement term for Maintenance Repair and Operations (MRO) Supplies and Related Services. While no minimum volume is guaranteed to the Supplier, the estimated annual volume of Maintenance Repair and Operations (MRO) Supplies and Related Services purchased under the Master Agreement through National IPA is approximately $500 million. This projection is based on the current annual volumes among the University of California (UC), other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA, and volume growth into other Public Agencies through a coordinated marketing approach between the Supplier and National IPA.
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
1.5 INTENT:
The Respondent(s) shall have a strong national presence for a vast array of supplies and equipment necessary for maintenance and repair in residential, commercial and industrial environments for use by various public entities nationwide.
Responses shall be for MRO and Related Products and Services. Suppliers are not required to respond to all categories. Below are the two methods in which Supplier(s) can respond:
1.5.1 MRO Primary Distributor: In order to be considered, Supplier(s) needs to respond to a minimum of 14 categories listed in Attachment A-1 Pricing Analysis Workbook. One of the categories required to complete will be in the tab called “Non–Standard”. This category will be used to evaluate infrequent orders. The Non-Standard category will be evaluated on cost and sourcing capabilities.
1.5.2 Individual Category: Suppliers interested in only individual categories have an option to submit a response for evaluation. Responses for individual categories must meet a minimum of 70% of items listed in that category with either exact match or equivalent. Suppliers submitting for individual categories will be evaluated amongst all other equivalent category responses.
UC intends to award a contract in whole, however, UC reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves UC best interest. The term of the Master Agreement will be for five (5) years with two (1) year options to extend.
2.0 SCOPE OF WORK:
2.1 MAINTENANCE REPAIR AND OPERATIONS (MRO) SUPPLIES AND RELATED SERVICES:
A complete and comprehensive offering of MRO supplies such as but not limited to appliances, material handling repairs, air filters, batteries, electrical, fasteners, hand tools, HVAC, lighting, lamps, ballast, fixtures, material handling repairs, motors, outdoor equipment, paint and equipment supplies, plumbing, pneumatic tools, power tools and accessories, safety, security, welding and soldering, public safety and any other miscellaneous MRO supplies offered by Supplier.
In addition, Supplier is to propose any related services to MRO currently being offered.
2.2 RELATED PRODUCTS AND SERVICES:
2.2.1 Any related products and services offered by Supplier. All details of the related products and services available by Supplier are to be provided in the question section.
2.2.2 Products used in performing these services shall be procured under the awarded contract, at contract prices.
2.3 PRODUCT CATEGORIES:
This Solicitation is to establish a nationwide purchasing agreement for the acquisition of the following products. The category descriptive examples below are not to be considered restrictive, but rather, provide a general, non-inclusive, description of the category. These are standard use in the residential, commercial environments. Your firm may not have the ability to provide all categories and can propose individual categories for evaluation. Evaluation analysis for individual categories proposed will be compared to University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
all other Supplier(s) responding to exact individual category.
All products offered shall be new, unused and of the latest design and technology.
The intent is for each Supplier to submit their complete product line so that Participating Public Agencies may order a wide array of product as appropriate for their needs. The categories outlined, below are some of UC primary interest. It is encouraged that Supplier(s) add/enhance to the list provided in ATTACHMENT A – PRICING to further define a complete product line from Supplier. Supplier(s) have the option to add as many categories applicable which encompass the MRO category. Primary categories used for evaluation are listed below:
2.3.1 CATEGORY 1: ADHESIVES, SEALANTS AND TAPE
Caulks, Concrete & Asphalt, Dispensing Guns, Glues &
Cements, Putties, Tapes, Thread & Gasket Sealants.
2.3.2 CATEGORY 2: AIR FILTERS
HVAC filters which include but are not limited to the following types: V-Bank, Pleated, Antimicrobial, Cube Filter, HEPA Filter, Pocket Air, Cartridge, Carbon, Three Ply, and all other applicable building filters.
2.3.3 CATEGORY 3: BATTERIES
Alkaline, Lithium, Coin, and Standard batteries as an example but not limited to: AA, AAA, AAAA, C, D, 9V, 2032, 123, 223 and all other applicable.
2.3.4 CATEGORY 4: ELECTRICAL
Batteries, Circuit Breakers, Conduit, Electrical Tape,
Enclosures, Fuses, Outlet Boxes, Power Cords, Pushbuttons, Raceways, Receptacles, Relays, Soldering, Solenoids, Starters, Surge Suppressors, Timers, Transformers, UPS Systems,
Wire, Wire Management.
2.3.5 CATEGORY 5: FASTENERS
Anchors, Bolts, Braces & Brackets, Door Hardware, Door
Locks & Deadbolts, Hooks, Hydraulic Seals, Keyless Access Locks, Keystock, Lanyards, Measuring Equipment, Nails, Nuts, O-Rings & O-Ring Kits, Pins, Retaining Rings, Rivets, Screws, Spacers & Standoffs, Springs, Staples, Thread Inserts, Washers.
2.3.6 CATEGORY 6: HAND TOOLS
Hand-held (Electric, Battery, or Pneumatic-operated),
including Accessories, Automotive type Tools, Welding
Equipment, Testing and Measuring Tools, Carts and Hand
Trucks, Work Benches, Tool Cabinets, Ladders, and all
Ancillary Supplies and Components.
2.3.7 CATEGORY 7: HVAC AND REFRIGERATION
Air Circulators & Fans, Air Cleaners, Air Conditioning, Air Filters, Blowers, Central Equipment, Dehumidifiers, Exhaust Fans, Evaporative Coolers, Heaters & Accessories,
Humidifiers, HVACR Controls, Power Roof Ventilators,
Refrigeration, Shutters/Dampers, Thermostats, Tubeaxial Fans.
2.3.8 CATEGORY 8: LIGHTING, LAMPS, BALLAST, FIXTURES
Ballasts, Batteries, Cord Reels, Dimming Controls, Dock Lights, Exit Signs, Fixtures, Flashlights, Hand Lamps, Jobsite Lighting, Lamps, LED Lighting, Machine Tool Lights,
Recycling Kits, Track Lighting, Troffers.
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
2.3.9 CATEGORY 9: MATERIAL HANDELING
Cabinets, Carts & Trucks, Casters, Conveyors, Drums &
Docks, Hoists/Winches & Rigging, Ladders, Mounts &
Vibration Control, Packaging & Shipping, Scaffolding, Tarps.
2.3.10 CATEGORY 10: MOTORS
Bearings, Belts, Brakes/Clutches, Bushings, Chain, Couplings, Definite-Purpose Motors, Gear Motors, General-Purpose
Motors, HVAC Motors, Linear Motion, Pulleys, Pump Motors, Sheaves, Speed Reducers, Sprockets, Vacuum Motors,
Vibrators.
2.3.11 CATEGORY 11: OUTDOOR EQUIPMENT
Cranes, Creepers, Insect Control, Jacks, Lawn Maintenance, Lift Equipment, Master Sets, Oils, Rakes, Shovels, Sprinklers, Tool Storage, Water Hoses, Wheelbarrows, and any other
applicable items. Landscape Equipment (Gasoline and
Electric), Shovels, Rakes, Axes, Hoes, Hoses, Nozzles, Insect Control, Herbicides, Fertilizers, Plants, Trees,
Sprinkler/Irrigation Equipment and Supplies and all Ancillary Supplies, Tools, and Components.
2.3.12 CATEGORY 12: PAINTS EQUIPMENT AND SUPPLIES
All types of Paints, Equipment and Supplies, Brushes, Rollers, Spray Equipment, Aerosol Paints, Pressure Washers, Sand Blasters, Finishes, Abrasives, Epoxy, Cleaners, Drywall Supplies, Tarps, Compounds, Accessories, and all Ancillary Supplies, Tools, and Components.
2.3.13 CATEGORY 13: PLUMBING
Air-Operated Diaphragm Pumps, Centrifugal Pumps, Faucets, Flowmeters, Fuel & Oil Transfer Pumps, Pipe/Valves/Fittings, Positive Displacement Pumps, Sinks, Sump/Sewage Pumps,
Toilets, Tubing, Urinals, Water Coolers, Water Filtration, Water Heaters, Water System Pumps, Kitchen Sink.
2.3.14 CATEGORY 14: PNEUMATIC TOOLS
Adapters, Air Compressors, Clamps, Couplings, Cylinders, Dryers, Filters, Filter Regulator Lubricants, Fittings, Hoses, Hose Reels, Hydraulic Motors & Gear Pumps, Hydraulic
Pumps & Cylinders, Lifting, Motors, Oil Coolers, Power
Units, Pumps, Regenerative Blowers, Tools, Vacuum Pumps, Valves.
2.3.15 CATEGORY 15: POWER TOOLS AND ACCESSORIES
Electric or gas operated, mobile or stationary, bench or floor mounted, including accessories, and all ancillary supplies and components. Some examples include Band Saws, Circular
Saws, Cordless & Corded Drills, Cordless Tool Batteries & Chargers, Drill Presses, Dust Collectors, Grinders & Cutoff Tools, Hammer Drills, Impact Drivers & Wrenches, Lathes, Metal Forming Machinery, Reciprocating Saws, Rotary &
Demo Hammers, Routers.
2.3.16 CATEGORY 16: SAFETY
Emergency Preparedness, Facility Safety, Fire Protection, First Aid, Identification, Industrial Safety, Instrumentation, Personal Protective Equipment, Safety Storage, Spill Control &
Containment, Traffic Safety.
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
2.3.17 CATEGORY 17: SECURITY
Door and Door Frames, Key Control & Identification,
Mailboxes, Padlocks, Replacement Parts, Safes, Security Alarms and Warnings, Self Defense, Specialty Locks, Video Surveillance.
2.3.18 CATEGORY 18: WELDING AND SOLDERING
Abrasives, Arc Welding, Blankets, Curtains & Pads, Drill Bits, End Mills & Milling Cutters, Fume Extraction, Gas Welding, Taps & Dies, Inserts, Machine Tool Accessories, Precision Measuring, Welding Accessories.
2.3.19 CATEGORY 19: NON-STANDARD
Items that are currently purchased by CHESS that can be considered Non-Standard for some catalog SKUs with less purchase frequency.
2.4 ADDITIONAL PRODUCT CATEGORIES OF INTEREST TO CHESS:
2.4.1 CATEGORY 1: APPLIANCES
Large Appliances: Refrigerators, Washers, Dryers,
Dishwashing Machines, Stoves, Cooktops, Range Hoods and Ovens; Small Appliances: Mixers, Toasters, Microwave
Ovens, Food Processors, Disposals, Trash Compactors, and all Ancillary Supplies, Tools, and Components.
2.4.2 CATEGORY 2: BUILDING MATERIALS
Lumber (Dimensional and Timber), Millwork, Roofing,
Siding, Plywood, Paneling, Hardwood, Trim, Molding,
Fencing, Decking, Gates, Brick, Block, Doors, Windows,
Bagged Goods (Concrete, Mortar, Sand, or Asphalt),
Drywall, Rebar, Acoustical Tiles, Rain Gutters, Garage Door Openers, Insulation, and all Ancillary Supplies, Tools, and Components.
2.4.3 CATEGORY 3: PUBLIC SAFETY
Access Barriers and Crowd Control, Police and EMT Uniforms, Security Management and Law Enforcement, Two Way Radios and Police Scanners, Detectors, Scanners, and all Ancillary Supplies.
2.5 PRODUCT ORDERING:
2.5.1 Suppliers complete product line (Wholesale or Retail) shall be available for ordering 24/7.
2.5.2 Products may be ordered by any of the following methods:
- E-procurement (Jagger/SciQuest, Perfect Commerce, Peoplesoft, ESM, and others) Attachment L – Campus Matrix defines locations and systems in use. - Internet/Online Store
- Will Call (Phone or FAX order)
- POS (Point-of-sale)
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
2.6 PRODUCT PRICING:
Pricing shall be a fixed percentage (%) off catalog/list pricing by Product Category. Please make sure to elaborate your proposal details and structure in the section of CAPABILITES in the questions.
2.6.1 Price Increase Documentation and Price Update Procedure: It should not be a forgone conclusion that Supplier automatically be granted a price increase each year on all items in the System or Market Basket. Supplier must provide a minimum 90-day notice of a price increase with supporting documentation. CHESS will evaluate price increase supporting documents and implement upon mutual acceptance. It is the intent of both parties that the Supplier(s) utilize best practices in Supply Chain Management to minimize cost increases.
2.6.2 Volatile Product Price Increases: For any System or Local Market Basket Item, where such Volatile Product has a significant price increase in excess of 3%, the parties agree to review those prices as frequently as quarterly and to negotiate prices for such Volatile Products individually in good faith between the parties. Increases must be mutually agreed upon by the parties.
2.6.3 Price Decreases: UC accepts price decreases as soon as they are available and can be entered into e-procurement or e-commerce purchasing processes. Notwithstanding anything to the contrary, Supplier(s) shall upload new pricing files within five (5) business days of receipt or as otherwise indicated, such other time to be not less than five (5) business days.
2.6.4 Special Discounts: At a Participating Entity’s request, Suppliers may offer discounts such as discounts based on large volume, sales growth, single delivery location, etc.
2.6.5 Manufacture Direct Pricing Agreement: UC may request Supplier(s) to negotiate directly with manufactures for better pricing and or discounts, for the benefit of UC and/or each Participating Entity. Further, UC reserves the right to negotiate directly with manufactures for items purchased. Upon mutual agreement, Supplier may be selected to distribute the Product to UC and/or Participating Entity.
2.6.6 Contractor Participation Contractors and Subcontractors: At the direction of Participating Public Agencies, to other Participating Agency Contractors or subcontractors, contractors shall extend this Agreement’s pricing and category discounts to other UC Contractors and Subcontractors (herein referred to as “Other UC Contractor”) for UC-related spend if Other UC Contractor provides Contractor with valid UC project number/project name and the Product is to be shipped directly to the Participating Entity related to the project. Contractor has the right to verify with UC and the UC Project Number/Project Name. Contractor also has the right to limit or terminate an Other UC Contractor use of this Agreement if the Other UC Contractor fails to timely pay Contractor for Product, fails to establish and maintain adequate credit worthiness or utilizes this Agreement for the benefit of anyone other than the Participating Entity for which the project relates. a) Other UC Contractors are not required to use Contractor for materials, therefore it is important that Contractor pricing be attractive and act as an incentive to purchase against this Agreement.
b) Other UC Contractors are responsible for payment to Contractor and UC has no liability for OTHER UC Contractor purchases. Contractor shall extend payment options to Other UC Contractor such as Purchase Order or Procurement Credit Cards, or other order placement and payment methods agreed upon by Contractor.
c) Contractor shall track Other UC Contractors purchases and report on their purchases by, Other UC Contractor Name, product description, SKU and other spend related information that Contractor has available.
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
d) Other UC Contractor purchases shall apply to the particular Participating Entity location’s contract purchases for purpose of Supplier Consolidation and Annual Incremental Growth and shall be calculated in contract purchases for the benefit of Participating Entity.
2.6.7 Core Lists:
a) National Core List- Provides for the deepest discounts on a variety of products to agencies nationwide. Pricing on the National Core List shall be provided to all Participating Agencies.
b) Customized Core List- In addition to the National Core List, Offerors MUST provide customized core lists to agencies, structure, implementation, and management.
Custom Core List pricing will be held for a period of one (1) year, evaluation and selection of items will be mutually agreed upon. Supplier(s) will support a Participating Entity, if assistance is needed to create a Customized Core List that brings greatest value.
2.7 CATALOG ADJUSTMENTS:
2.7.1 Price Updates. As described above in Product Pricing, prices for Core List shall be reviewed and subject to change one per year from 1st January. Third Party Product pricing and pricing for special price promotions shall be reviewed and updated on a quarterly basis (or earlier if mutually agreed). Price decreases shall be implemented on the quarterly review (or such earlier date mutually agreed by the parties). Changes to price file shall be submitted to UC and shall have a maximum period of 30 days to review and approve updates or raise objections. Objections shall be reviewed on a case by case basis with the balance of price amendments being approved for upload. In the event that UC does not approve or reject any updates within 45 days of the revised file being submitted to UC, then Seller shall be entitled to load the new pricing.
2.7.2 Other Catalog Updates. Seller may provide other updates to the catalog quarterly or as mutually agreed. These updates may include (without limitation) changes to content, the addition of new products, removal of discontinued items, updates to unit of measure, and special promotional offers.
2.8 REBATE ON SALES:
If this pricing option is offered, describe your firm’s ability to provide thisservice (ex. Growth incentives, e-commerce incentives, etc.). Further details can be defined in Value Add section of questions.
2.9 ON-LINE CATALOG DISCOUNT PRICING:
Capability to access an on-line catalog reflecting contract pricing of all products is a requirement. Describe your online presence and/or ecommerce capabilities in the CAPABILITIES section of the questions.
2.10 RELATED PRODUCTS AND SERVICES PRICING:
2.10.1 All related services that are provided as Value Add (No charge /Incentives/Benefits), please define in section Value Add of Questions.
2.10.2 All other additional related products and services which contain a pricing structure available by Supplier are to be attached to RFx event and named “Related Products and Services Pricing”. Supplier is to provide detailed line item of all services and specific pricing for those services available.
2.10.3 Emergency Response Capabilities - In the event of a disaster, UC must continue University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
its mission of teaching, research, public service, and patient care. UC is seeking information from suppliers who can provide equipment, supplies, resources, and/or services during emergency situations. Please state your emergency response capabilities, name/title of the emergency contact, proximity of facilities/stores/resources to UC organization, and other relevant emergency information. Disasters vary and require different resources, but we are seeking common MRO items like gloves, masks, lighting, generators, chainsaws, portable restrooms, batteries, barricades, and cleaning supplies. a) Define Supplier(s) Capabilities
b) UC priority of supplies
c) Experience
d) Ability to manage Emergency Response items for a Participating Entity.
2.11 SUPPLIER- MANAGED INVENTORY :
Describe your firm’s ability to provide this service and your capabilities in the Value Add section of the questions. Please refer to Attachment L – Campus Matrix for the list of locations who currently have a Supplier-Managed Inventory program in place and vending machines. If Supplier(s) is capable to provide these services, please include how these locations would be transitioned in the Value Add section of the questions. Supplier(s) who submit to be MRO Primary Distributor MUST have a solution for these locations outlined.
2.12 SALESREPORTING:
EXHIBIT 5 – QUARTERLY REPORT is provided as a template for future quarterly reporting requirements. Describe your firm’s reporting capabilities in the CAPABILITIES section of the question. Provide all line item details and alternative options that may have not been used in the example provided.
2.13 BRAND NAMES:
In some cases, brand names have been listed in order to define the desired quality and are not intended to be restrictive or to limit competition. Materials substantially equivalent to those designated shall qualify for consideration. Ability to partner with manufacturer for enhanced pricing through Master Agreement is of interested to CHESS.
2.13.1 Substitutions: UC encourages Supplier(s) to offer substitute or alternate items, brands or generic items to end users when the offer adds value to the procurement of goods and services. No substitutions of alternate items for products ordered will be permitted except with the express approval from authorized UC personnel or Participating Public Entities.
Supplier shall not substitute and/or interchange a different brand or generic product of package size, other than the specific product ordered, without authorization from UC or Participating Public Entity. Any such authorization is granted on a per order basis and is not to be considered as justification for a Product substitution on any future orders or shipments.
2.14 DELIVERY, FREIGHT REQUIREMENTS:
2.14.1 All domestic ground shipments shall be FOB Destination, Freight Prepaid and Included. Any handling feesshall also be included in the pricing.
2.14.2 Should a Participating Public Entity determine that rush shipping or other alternate shipping is required, it shall notify the Supplier. The Supplier shall determine any additional costs associated with such delivery terms and communicate that cost to the Participating Public Entity.
2.14.3 The Supplier shall retain control for carrier selection and payment of freight charges of all goods until received by the requesting Participating Public Entity and the contract coverage completed. The Supplier shall also file all claims for visible University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
or concealed damage. The Participating Public Entity will notify the Supplier of any damaged goods and shall assist the Supplier in arranging for inspection of the goods.
2.14.4 Any requests for local delivery of orders placed at local stores shall be subject to local delivery fees, if applicable.
2.14.5 Shipping and handling fees are allowable to destinations outside the continental U.S.
2.14.6 A packing list or other suitable shipping document shall accompany each shipment and shall include the following:
a) Contract Serial number
b) Supplier’s name and address
c) Participating Public Entity’s name and address
d) Participating Public Entity’s purchase order number
e) A description of product(s) shipped, including item number(s), quantity (ies), number of containers and package number(s), as applicable
2.15 LAST MILE DELIVERY MODEL INCENTIVE:
In this delivery model the Supplier(s) has the ability to provide an incentive to Participating Entity for a Centralized Delivery model. The Participating Entity will provide Last Mile Delivery at their location. Individual Participating Entities will work with Supplier based upon their individual location needs to determine the most appropriate delivery model and financial terms for their situation. If a location elects to change business models during the Term of this Agreement or any Extensions to the Agreement, the Supplier will provide an Incentive to that location consistent with the Incentives offered to the Participating Entities. Proposed incentive and all program details in the Value Add section of the Questions.
2.15.1 Program Requirements: Participating Entity must have one consolidated drop off and pickup for the entire campus/health system. One delivery/pick-up point will be designated by Participating Entity Staff that is accessible to Supplier. The Supplier and the Participating Entity must agree that the designated location meet program requirements before the Last Mile Delivery Program will be implemented. Once approved, the Participating Entity will be required to provide a report to substantiate the daily delivery volume to one location and the one consolidated pickup to Supplier which will be used by Supplier to verify payment amounts to the Participating Entity locations. Payment will be made to each Participating Entity designated contact, 30 days from Supplier receipt of the quarterly report.
3.0 PROCUREMENT REQUIREMENTS:
3.1 SHIPPING TERMS:
Bid price(s) and terms shall be F.O.B. Destination.
3.2 MINIMUM ORDER:
There shall be no minimum order requirement during the term of this Agreement and any extension(s) of such term.
3.3 ONLINE CATALOG:
Online/ecommerce capability to access catalog reflecting contract pricing of all products.
3.4 OPERATING MANUALS (If required):
Upon delivery, Contractor shall provide comprehensive operational manuals, service manuals and schematic diagrams, if required by the Participating Entity.
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
3.5 ACCEPTANCE: (If required):
Upon delivery and successful installation, the material(s) shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to final acceptance.
3.6 TRAINING:
Supplier(s) to provide detailed list of training that is offered under proposal and all additional training. Provide any details that are available if training can be conducted from manufacture direct, with the support of Supplier/Distributor.
3.7 USAGE REPORT:
The Supplier(s) shall furnish UC a usage report upon request delineating the acquisition activity governed by the Master Agreement. The format of the report shall be approved by UC and shall disclose the quantity and dollar value of each contract item by individual unit. Exhibit 5 – Quarterly Report is to be used for quarterly reporting. Any changes requested to be made to Exhibit 5 are to be negotiated prior to acceptance of award.
3.8 BACKGROUND CHECK:
Outline your current business practices for employment and background check.
3.9 INVOICES AND PAYMENTS:
3.9.1 Invoices are required to contain the following information:
• California sales tax as a separate line item
• Shipping costs as a separate line item
• UC or each respective Participating Entity’s Purchase Order, Release Number, or Agreement Number
• Description, quantity, catalog number and manufacturer number of the item ordered • Pricing per unit of purchase
• Extended price
• Total Amount Due
• Any pay/earned/dynamic discount
• Reference to original order number for all credit memos issued
3.9.2 Settlement Method and Terms are outlined in Attachment I.
3.9.3 Problems regarding billing or invoicing shall be directed to the Participating Entity as listed on the Purchase Order.
3.9.4 Provide available payment terms.
3.9.5 Modification of Terms: Participating Agencies commonly require a modification to a term of the Master Agreement (e.g. governing law). The awarded Supplier and Participating Entity may agree to modify terms on any specific purchase by a Participating Entity without being in conflict with the Master Agreement.
3.10 SERVICE METRICS:
During the term of this Master Agreement and any extension(s) of such term, Supplier agreesto the following Service Metrics details and specifications. UC service standards provides guarantees that Supplier shall consistently adhere to the standards for all Participating Locations.
3.10.1 Stock Item Delivery: Orders placed before 5:00 p.m. local time will ship the same University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
day for next day delivery.
3.10.2 Non Stock Item Delivery: Contractor shall place the order on the same day it receives the order from a Location. Contractor shall then deliver the Product the next day after Contractor's receipt of the item unless the item is shipped direct to the ordering Location from the Manufacturer.
3.10.3 Fill Rate: 98% order fill rate; 98% line fill rate
3.10.4 Returns: Full credit guaranteed on any return regardless of reason if within thirty (30) days of receipt with receipt, invoice, packing slip or similar documentation.
3.10.5 Return Pick-up: Pick-up will occur within five (5) days from request. Return time frame begins as of date of request for pick-up.
3.10.6 Credits: Full credit issued in same form as payment and referencing the original purchase order number.
3.10.7 Report Requests: Standard reports will be generated at the CHESS and Location or Participating Entity level quarterly or as necessary to track compliance.
3.10.8 Delivery Accuracy: 98% calculated based on percent of entire order fulfilled accurately.
3.10.9 On-Time Delivery: 98% calculated based upon the percent of the entire order arriving at the customer's required time.
3.10.10 Invoice/Billing Accuracy: 99%
3.10.11 Customer Service Satisfaction: Average score of 3.75 or better on a 5 point scale.
3.10.12 Quote Turnaround: 24 hours
3.10.13 Response Time: Emergency Calls 1 hour; Non-Emergency Calls 4 business hours; Emergency Resolution Time Best efforts until issue is resolved
3.11 SURVEYS
Supplier will, at Participating Entity request, conduct customer surveys. The content of these surveys will be approved by Participating Entity. Participating Entity will be responsible for the tabulation of these surveys.
3.12 PROGRAM MANAGEMENT:
Supplier will provide the necessary staff and resources to support CHESS program management function as outlined in the RFP and Supplier’s Response including, but not limited to:
• Marketing Program to increase sales activity;
• Coordinating Program implementation;
• Providing superior customer service;
• Promoting alternate Services to reduce cost and to meet CHESS sustainability objectives; • Demonstrating new Services;
• Managing the continuous improvement process;
• Providing on-going contract monitoring and maintenance; • Offering Services cost reduction and process improvement opportunities to CHESS; • Conducting monthly account review meetings.
3.13 PROJECT MANAGER:
Supplier will assign a project management team to coordinate Participating Entity implementation of the Agreement.
3.14 POST AWARD MEETING:
The Supplier may be required to attend a post-award meeting with UC to discuss the terms and conditions of this Master Agreement. This meeting will be coordinated by Lead Agency Procurement Officer.
4.0 CONTRACTUAL AND SPECIAL TERMS & CONDITIONS:
4.1 DRAFT CONTRACT SEE EXHIBIT 2
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
5.0 INSTRUCTIONS TO SUPPLIERS:
Bidders and Suppliers are solely responsible for submitting bids, proposals, and any modifications or withdrawals, to be received at the time and designated location required by the solicitation (ITN, RFP, ROQ, or any other solicitation notice).
Any bid, proposal, modification, or withdrawal received after the designated time is deemed “late” and will be rejected and not evaluated.
5.1 SCHEDULE OF EVENTS:
Request for Proposals Issued: JANUARY 31, 2018
Vendor Conference: FEBRUARY 05, 2018
Deadline for Questions MARCH 02, 2018
All technical/system questions shall be e-mailed to [email protected]. All questions are to be submitted in GEP system and shall be posted for others to view.
Deadline for submission of proposals is 3:00 P.M., Pacific Time, on March 17, 2018.
All proposals must be received before 3:00 P.M., Pacific Time, on the above date in the GEP System.
Proposed Respondent presentations: (if required) MARCH 2018 Proposed selection and negotiation: APRIL 2018
Proposed award of Contract: MAY 2018
All responses to this Request for Proposal become the property of CHESS and (other than pricing) will be held confidential, to the extent permissible by law. CHESS will not be held accountable if material from proposal responses is obtained without the written consent of the Respondent by parties other than CHESS.
5.2 VENDOR CONFERENCE
5.2.1 Vendor Conference will be held related to solicitation# RFP-MRO-UCSystemWide-Jan312018.
5.2.2 Conference will be conducted using ZOOM web conference services. Audio and Video will be recorded and attached to GEP System, to document any questions or topics covered. • Registration Required prior to participation
• Link for Audio/Video attendance: https://UCOP.zoom.us/j/380679787 • Dial In option US: +1 669 900 6833 Meeting ID: 380 679 787
5.2.3 Purpose of the Vendor Conference is to:
• Explain the RFP process and expectations
• Provide additional information to the attached documents • Answer any questions Supplier(s) may have related to the RFP or the process
5.3 INQUIRIES AND NOTICES:
All inquiries concerning information herein shall be addressed in the GEP system. All inquiries will be posted and answered within the system for viewing purposes.
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
5.3.1 Proposals shall be signed by an owner, partner or corporate official who has been authorized to make such commitments. All prices shall be held firm for a period of one hundred fifty (150) days after the RFP closing date.
5.4 EXCEPTIONS TO THE SOLICITATION:
The Respondent shall identify and list all exceptions taken to all sections of RFP-MROUCSystemWide-Jan312018 and list these exceptions referencing the section (paragraph) where the exception exists and identify the exceptions and the proposed wording for the Respondent’s exception under the heading, “Exception to the PROPOSAL Solicitation, RFP-MRO-UCSystemWide-Jan312018.” Exceptions that surface elsewhere and that do not also appear under the heading, “Exceptions to the PROPOSAL Solicitation, RFP-MRO-UCSystemWide-Jan312018,” shall be considered invalid and void and of no contractual significance.
UC reserves the right to reject, determine the proposal non-responsive, enter into negotiation on any of the Respondent exceptions, or accept them outright.
5.5 GENERALCONTENT:
5.5.1 The Proposal should be specific and complete in every detail. It should be practical and provide a straightforward, concise delineation of capabilities to satisfactorily perform the contract being sought.
5.5.2 The Respondent should not necessarily limit the proposal to the performance of the services in accordance with this Request for Proposal but should outline any additional services and their costs if the Respondent deems them necessary to accomplish the program.
5.5.3 Include a detailed response to Attachment C, Exhibit A, and National IPA Response for National Cooperative Contract. Responses should highlight experience, demonstrate a strong national presence, describe how offeror will educate its national sales force about the Master Agreement, describe how products and services will be distributed nationwide, include a plan for marketing products and services nationwide and describe how volume will be tracked and reported to National IPA. The successful offeror will be required to sign Attachment C, Exhibit B, and National IPA Administration Agreement.
Offerors should have any reviews required to sign the document prior to submitting a response. Offeror’s response should include any proposed exceptions to the National IPA Administration Agreement.
5.6 EVALUATION OF PROPOSAL – SELECTION FACTORS:
An Evaluation Committee shall be appointed, chaired by CHESS to evaluate each Proposal.
At UC option, Supplier may be invited to make presentations to the Evaluation Committee. Best and Final Offers and/or Negotiations may be conducted, as needed, with the highest rated Respondent(s). UC reserves the right to make additional investigations as it deems necessary to establish the competence and financial stability of any offeror submitting a proposal. Proposals will be evaluated on the following criteria which are listed below:
Evaluation Category (Points Available / Percentage Weight) Total points available is 20,000.
5.6.1 Company Profile (800 / 4%)
5.6.2 Capabilities (4000 / 20%)
5.6.3 Marketing / Sales (1000 / 5%)
5.6.4 Administration (1000 / 5%)
5.6.5 Sustainability (1200 / 6%)
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
5.6.6 Value Add (2000 / 10%)
5.6.7 Cost (10000 / 50%)
Supplier can achieve more points than the minimum criteria by proposing additional services and/or differentiating themselves from other submittals. The Team will determine the Total Score for each category in a Bidder’s Final Bid by aggregating categories in the table above, Scores will be rounded to the two (2) decimal place.
NOTE: SUPPLIERS ARE REQUIRED TO USE ATTACHED DOCUMENTS IN GEP TO SUBMIT THEIR PRICING/DISCOUNT PROPOSAL.
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ATTACHMENT A - PRICING
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ATTACHMENT A-1 PRICING ANALYSIS WORKBOOK
I. Instructions
A Supplier(s) are required to complete all tabs with exact match (SKU and UOM), excluding private label items, that are able to be distributed or sourced.
B Supplier(s) are required to respond in the Substitute, if Supplier(s) is unable to source exact match or if item listed is private label.
C If a private label SKU is listed, Supplier(s) is required to provide BEST MATCH SUBSTITUTE in order to meet minimum category requirements.
D All responses MUST match Unit of Measure (UM) defined in SKUs. If you are unable to match SKU and UOM, it is REQUIRED that you provide details in the SUBSTITUTE section. Defined in Substitute UOM QTY.
E Preference will be given to those items completed under EXACT MATCH. (excluding private label items) F Non-Standard category is required to be completed for those Supplier(s) interested in being MRO Primary Distributor.
II. Supplier Response Requirement
A MRO Primary Distributor is required to complete 14 of 19 categories outlined in Price Sheet(s). One of the required categories of the 14 is “Non-Standard”.
B
Individual Category: Suppliers interested in only individual categories have an option to submit a response for evaluation.
Responses for individual categories must meet a minimum of 70% of items listed in that category with either exact match or equivalent Substitute. Suppliers submitting for individual categories will be evaluated amongst all other equivalent category responses.
III. RFP Categories.
A There are nineteen (19) categories in this RFP workbook, and about1,500 SKUs that need price submissions.
B Each category is listed separately in an individual Price Sheet within GEP system.
IV. Workbook Headers
HEADER HEADER DESCRIPTION
Manufacture Part Number Manufacturer part number associated with the product Manufacture Name Manufacture name associated with product Description Product description
UOM Qty UOM per quantity
Unit of Measure Unit of Measure
Proposed Price (USD)
Bidder's proposed price for specific product with EXACT match manufacture # and manufacture name
Total Proposed Price Proposed price x 12 Month Usage
Substitute Catalog # Substitute catalog number meeting similar specs to EXACT match Substitute Manufacture Substitute Manufacture Name proposed
Substitute Product
Description Substitute Product Description proposed
Substitute OUM QTY Substitute unit of measure quantity at EACH. Example 1 Box = 10 EACH. Enter 10.
Substitute OUM Substitute unit of measure (SOLD) Example: EA, BX, CA, PK Substitute Price (USD) Substitute Price for UOM proposed if no EXACT match possible Substitute Total Price Substitute Price * UOM QTY
WORKBOOK ATTACHED WITHIN GEP SYSTEM
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ATTACHMENT B - RETAIL STORES AND WAREHOUSE LOCATIONS
Requirements for National Cooperative Contract
ATTACHMENT C - NATIONAL IPA INFORMATION AND REQUIREMENTS Attachment C
Requirements for National Cooperative Contract
To be Administered by
National Intergovernmental Purchasing Alliance Company
The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier’s review and response.
National IPA Exhibit A – NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE
CONTRACT
National IPA Exhibit B – NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE National IPA Exhibit C – NATIONAL IPA MASTER INTERGOVERNMENTAL
COOPERATIVE PURCHASING AGREEMENT, EXAMPLE
National IPA Exhibit D – NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY
CERTIFICATE, EXAMPLE
National IPA Exhibit E – NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE National IPA Exhibit F – NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Requirements for National Cooperative Contract
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT A- RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
1.0 Scope of National Cooperative Contract
1.1 Requirement
University of California (UC) (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company (“National IPA”), is requesting proposals for Maintenance Repair and Operations (MRO) Supplies and Related Services. The intent of this Request for Proposal is that any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (hereinafter defined and referred to as the “Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through National IPA’s cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with National IPA (an example of which is included as Exhibit D) and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA’s cooperative purchasing program. Registration with National IPA as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through National IPA.
All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither National IPA, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency.
This Exhibit A defines the expectations for qualifying Suppliers based on National IPA’s requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through National IPA.
These requirements are incorporated into and are considered an integral part of this RFP.
National IPA reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies.
1.2 Marketing, Sales and Administrative Support
During the term of the Master Agreement National IPA intends to provide marketing, sales and administrative support for Supplier pursuant to this section 1.2 that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis.
The National IPA marketing team will work in conjunction with Supplier to promote the
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Requirements for National Cooperative Contract
Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through:
A. Marketing collateral (print, electronic, email, presentations) B. Website development and support
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media
F. Sales Team Support
The National IPA sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through:
A. Individual sales calls
B. Joint sales calls
C. Communications/customer service
D. Training sessions for Public Agency teams
E. Training sessions for Supplier teams
The National IPA contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies prospective Public Agencies through:
A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams
C. Training sessions for Supplier teams
D. Regular business reviews to monitor program success
E. General contract administration
Suppliers are required to pay an administrative fee of 3% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the National IPA Administration Agreement (refer to Exhibit B).
Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the National Intergovernmental Purchasing Alliance Company Administration Agreement between Supplier and National IPA (the "National IPA Administration Agreement")
1.3 Estimated Volume
The dollar volume purchased under the Master Agreement is estimated to be approximately $500 million annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and National IPA.
1.4 Award Basis
The basis of any contract award resulting from this RFP made by Principal Procurement Agency will be the basis of award on a national level through National IPA. If multiple
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Requirements for National Cooperative Contract
suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same suppliers will be required to extend the Master Agreement to Participating Public Agencies through National IPA. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and National IPA shall agree. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to National IPA).
1.5 Objectives of Cooperative Program
This RFP is intended to achieve the following objectives regarding availability through National IPA’s cooperative program:
A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide;
C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing.
2.0 REPRESENTATIONS AND COVENANTS
As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and National IPA designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier
2.1 Corporate Commitment
Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with National IPA and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency.
Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement.
2.2 Pricing Commitment
Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Requirements for National Cooperative Contract
its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, that the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement.
2.3 Sales Commitment
Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through National IPA nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to National IPA in accordance with the National IPA Administration Agreement. Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement.
3.0 SUPPLIER QUALIFICATIONS
Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through National IPA.
3.1 Company
A. Brief history and description of your company.
B. Total number and location of sales persons employed by your company.
C. Number and location of support centers (if applicable).
D. Annual sales for the three previous fiscal years.
E. Submit your FEIN and Dunn & Bradstreet report.
3.2 Distribution, Logistics
A. Describe how your company proposes to distribute the products/service nationwide.
B. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user.
C. Provide the number, size and location of your company’s distribution facilities, warehouses and retail network as applicable.
D. State any return and restocking policy and fees, if applicable, associated with returns.
E. Describe the full line of products and services offered by your company.
3.3 Marketing and Sales
A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as your company’s primary go to market strategy for Public Agencies to your teams nationwide, to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days
ii. Training and education of your national sales force with participation from the executive leadership of your company, along with the National IPA team within first 90 days
B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Requirements for National Cooperative Contract
Agencies, existing Pubic Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to:
i. Creation and distribution of a co-branded press release to trade publications ii. Announcement, contract details and contact information published on the Supplier company website within first 90 days
iii. Design, publication and distribution of co-branded marketing materials within first 90 days
iv. Commitment to attendance and participation with National IPA at national (i.e.
NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement
v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by National IPA for partner suppliers. Booth space will be purchased and staffed by your company. In addition, you commit to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by National IPA.
vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement
vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) viii. Dedicated National IPA internet web-based homepage on Supplier website with:
• National IPA standard logo;
• Copy of original Request for Proposal;
• Copy of contract and amendments between Principal Procurement Agency and Supplier;
• Summary of Products and pricing;
• Marketing Materials
• Electronic link to National IPA’s website including the online registration page;
• A dedicated toll free number and email address for National IPA C. Describe how your company will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through National IPA. Include a list of current cooperative contracts (regional and national) your company holds and describe how the Master Agreement will be positioned among the other cooperative agreements.
D. Acknowledge that your company agrees to provide its company/corporate logo(s) to National IPA and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of National IPA logo will require permission for reproduction, as well.
E. Supplier is responsible for proactive direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by National IPA. All sales materials are to use the National IPA logo. At a minimum, the Supplier’s sales initiatives should communicate:
i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency
ii. Best government pricing
iii. No cost to participate
iv. Non-exclusive contract
F. Supplier is responsible for the training of its national sales force on the Master Agreement.
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Requirements for National Cooperative Contract
At a minimum, sales training should include:
i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through National IPA
iv. Knowledge of benefits of the use of cooperative contracts G. Provide contact information for the person(s), who will be responsible for:
i. Marketing
ii. Sales
iii. Sales Support
iv. Financial Reporting
v. Contracts
H. Describe in detail how your company’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team.
I. Explain in detail how the sales teams will work with the National IPA team to implement, grow and service the national program.
J. Explain in detail how your organization will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, etc.
K. State the amount of your company’s Public Agency sales for the previous fiscal year.
Provide a list of your top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each.
L. Describe your company’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions.
M. Provide the Contract Sales (as defined in Section 10 of the National Intergovernmental Purchasing Alliance Company Administration Agreement) that your company will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”).
$_______.00 in year one
$_______.00 in year two
$_______.00 in year three
To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales.
N. Even though it is anticipated that many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to National IPA).
ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to National IPA under the Master Agreement.
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT A- NATIONAL IPA RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Requirements for National Cooperative Contract
iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to National IPA).
iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal.
Detail your strategies under these options when responding to a solicitation.
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY
ADMINISTRATION AGREEMENT
THIS ADMINISTRATION AGREEMENT (this “Agreement”) is made this ___ day of ______ 20___, between National Intergovernmental Purchasing Alliance Company (“National IPA”), and ________________ (“Supplier”).
RECITALS
WHEREAS, the ___________________ (the “Principal Procurement Agency”) has entered into a Master Agreement dated _________________, Agreement No_______, by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the “Master Agreement”), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of ___________________________ (the “Product”); WHEREAS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (collectively, “Public Agencies”), that register (either via registration on the National IPA website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (each, hereinafter referred to as a “Participating Public Agency”) may purchase Product at prices stated in the Master Agreement; WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through National IPA to Public Agencies;
WHEREAS, National IPA serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency;
WHEREAS, Principal Procurement Agency desires National IPA to proceed with administration of the Master Agreement; and
WHEREAS, National IPA and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between National IPA and Supplier.
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, National IPA and Supplier hereby agree as follows:
DEFINITIONS
1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement.
TERMS AND CONDITIONS
2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s response thereto
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract
resulting in the Master Agreement are incorporated herein and are an integral part hereof.
3. National IPA shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to National IPA, its agents, employees, directors, and representatives under this Agreement including, but not limited to, Supplier’s obligation to obtain appropriate insurance.
4. National IPA shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by National IPA solely in its capacity as the contract administrator under the Master Agreement.
5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, National IPA shall not be: (i) construed as a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. National IPA makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement.
6. National IPA shall not be responsible for Supplier’s performance under the Master Agreement, and Supplier shall hold National IPA harmless from any liability that may arise from the acts or omissions of Supplier in connection with the Master Agreement.
7. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NATIONAL IPA EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING NATIONAL IPA’S PERFORMANCE AS A CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. NATIONAL IPA SHALL NOT
BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF NATIONAL IPA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERM OF AGREEMENT; TERMINATION
8. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of Sections 3 – 8 and 14 – 23, hereof and the indemnifications afforded by the Supplier to National IPA in the Master Agreement, to the extent such provisions survive any expiration or termination of the Master Agreement, shall survive the expiration or termination of this Agreement.
9. Supplier’s failure to maintain its covenants and commitments contained in this Agreement or any action of the Supplier which gives rise to a right by Principal Procurement Agency to terminate the Master Agreement shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of this Agreement at National IPA’s sole discretion. Notwithstanding anything contained herein to the contrary, this Agreement shall terminate on the date of the termination or expiration of the Master Agreement.
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract
NATIONAL PROMOTION
10. National IPA and Supplier shall publicize and promote the availability of the Master Agreement’s products and services to Public Agencies and such agencies’ employees. Supplier shall require each Public Agency to register its participation in the National IPA program by either registering on the National IPA website, www.nationalipa.org, or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency’s first sales order. Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases.
11. Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and National IPA. Supplier shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to National IPA or posts on the National IPA website. Supplier shall indemnify, defend and hold harmless National IPA for use of all such content and images including copyright infringement claims. Supplier and National IPA each hereby grant to the other party a limited, revocable, non-transferable, nonsublicensable right to use such party’s logo (each, the “Logo”) solely for use in marketing the Master Agreement. Each party shall provide the other party with the standard terms of use of such party’s Logo, and such party shall comply with such terms in all material respects. Both parties shall obtain approval from the other party prior to use of such party’s Logo. Notwithstanding the foregoing, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party’s Logo.
ADMINISTRATIVE FEE, REPORTING & PAYMENT
12. An “Administrative Fee” shall be defined and due to National IPA from Supplier in the amount of __ percent (__%) (“Administrative Fee Percentage”) multiplied by the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) (“Contract Sales”). From time to time the parties may mutually agree in writing to a lower Administrative Fee Percentage for a specifically identified Participating Public Agency’s Contract Sales.
13. Supplier shall provide National IPA with an electronic accounting report monthly, in the format prescribed by National IPA, summarizing all Contract Sales for each calendar month. The Contract Sales reporting format is provided as Exhibit C (“Contract Sales Report”), attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month shall be provided by Supplier to National IPA by the 10th day of the following month. Failure to provide a Contract Sales Report within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at National IPA’s sole discretion.
14. Administrative Fee payments are to be paid by Supplier to National IPA at the frequency and on the due date stated in Section 13, above, for Supplier’s submission of corresponding Contract Sales Reports.
Administrative Fee payments are to be made via Automated Clearing House (ACH) to the National IPA designated financial institution identified in Exhibit D. Failure to provide a payment of the Administrative
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract
Fee within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at National IPA’s sole discretion. All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and one-half percent (1 1/2%) per month or the maximum rate permitted by law until paid in full.
15. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. National IPA, or its designee, in National IPA’s sole discretion, reserves the right to compare Participating Public Agency records with Contract Sales Reports submitted by Supplier for a period of four (4) years from the date National IPA receives such report. In addition, National IPA may engage a third party to conduct an independent audit of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by National IPA at the location designated by National IPA. In the event an underreporting of Contract Sales and a resulting underpayment of Administrative Fees is revealed, National IPA will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to National IPA’s reasonable satisfaction, including payment of any Administrative Fees due and owing, together with interest thereon in accordance with Section 13, and reimbursement of National IPA’s costs and expenses related to such audit.
GENERAL PROVISIONS
16. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between National IPA and Supplier, the provisions of this Agreement shall prevail.
17. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any Administrative Fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be entitled.
18. This Agreement and National IPA’s rights and obligations hereunder may be assigned at National IPA’s sole discretion to an affiliate of National IPA, any purchaser of any or all or substantially all of the assets of National IPA, or the successor entity as a result of a merger, reorganization, consolidation, conversion or change of control, whether by operation of law or otherwise. Supplier may not assign its obligations hereunder without the prior written consent of National IPA.
19. All written communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below.
A. National Intergovernmental Purchasing Alliance Company National IPA
Attn: President
2555 Meridian Blvd
Suite 300
Franklin, TN 37067
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT B- NATIONAL IPA ADMINISTRATION AGREEMENT, EXAMPLE Requirements for National Cooperative Contract
B. Supplier
20. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable.
21. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion.
22. This Agreement shall inure to the benefit of and shall be binding upon National IPA, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein.
23. This Agreement will be construed under and governed by the laws of the State of Delaware, excluding its conflicts of law provisions and any action arising out of or related to this Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson County Tennessee.
24. This Agreement may be executed in counterparts, each of which is an original but all of which, together, shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile, or by .pdf or similar electronic transmission, will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile, or by .pdf or similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever.
Authorized Signature, Supplier NATIONAL INTERGOVERNMENTAL PURCHASING
ALLIANCE COMPANY
Signature Signature
Ward H. Brown
Name Name
Chief Operating Officer
Title Title
Date Date
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT C – NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE Requirements for National Cooperative Contract
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies”) with National Intergovernmental Purchasing Alliance Company (“National IPA”) to be appended and made a part hereof and such other public agencies (“Participating Public Agencies”) who register to participate in the cooperative purchasing programs administered by National IPA and its affiliates and subsidiaries (collectively, the “National IPA Parties”) by either registering on a National IPA Party website (such as www.nationalipa.org), or by executing a copy of this Agreement.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, a number of suppliers have entered into “Master Agreements” (herein so called) to provide a variety of goods, products and services (“Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies;
WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the National IPA Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and WHEREAS, in addition to Master Agreements, the National IPA Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows:
1. Each party will facilitate the cooperative procurement of Products.
2. The Participating Public Agencies shall procure Products in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies’ participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(h), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable “safe harbor” regulations, including but not limited to any and all obligations to fully and accurately report discounts and incentives.
3. The Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital and is not purchasing Products on behalf of a hospital.
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT C- NATIONAL IPA MASTER INTERGOVERNMENTAL COPERATIVE PURCHASING AGREEMENT, EXAMPLE Requirements for National Cooperative Contract
4. The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law.
5. The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies.
6. The Participating Public Agency agrees the National IPA Parties may provide access to group purchasing organization (“GPO”) agreements directly or indirectly by enrolling the Participating Public Agency in another GPO’s purchasing program, including but not limited to Vizient Source, LLC, Provista, Inc. and other National IPA affiliates and subsidiaries; provided the purchase of Products through a National IPA Party or any other GPO shall be at the Participating Public Agency’s sole discretion.
7. The Participating Public Agencies (each a “Procuring Party”) that procure Products through any Master Agreement or GPO Product supply agreement (each a “GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier.
8. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar products or services.
9. The Procuring Party shall be responsible for the ordering of Products under this Agreement.
A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party.
10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE NATIONAL IPA PARTIES
EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE NATIONAL IPA
PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE NATIONAL IPA PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE
PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE NATIONAL IPA PARTIES SHALL
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT C- NATIONAL IPA MASTER INTERGOVERNMENTAL COPERATIVE PURCHASING AGREEMENT, EXAMPLE Requirements for National Cooperative Contract
HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT.
11. This Agreement shall remain in effect until termination by a party giving thirty (30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination.
12. This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) the registration on a National IPA Party website or the execution of this Agreement by a Participating Public Agency, as applicable.
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT D – NATIONAL IPA PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE Requirements for National Cooperative Contract
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE
In its capacity as a Principal Procurement Agency (as defined below) for National Intergovernmental Purchasing Alliance Company (“National IPA”), [NAME OF PPA] agrees to pursue Master Agreements for Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate.
I hereby acknowledge, in my capacity as _____________ of and on behalf of [NAME OF PPA] (“Principal Procurement Agency”), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through National IPA.
I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency.
Authorized Signature, [PRINCIPAL PROCUREMENT AGENCY]
Signature
Name
Title
Date
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS EXHIBIT E – NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE Requirements for National Cooperative Contract
Supplier Name:
Contract Sales Report Month:
Contract ID:
Participating Agency Name Address City State Zip Code
Participating
Agency #
{Assigned
by National
IPA and
provided to
Supplier}
Transaction
Date
(Date of
Sale)
Contract
Sales for
Month ($)
Admin
Fee %
Admin
Fee $
Report Totals
Cumulative Contract Sales
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT C - NATIONAL IPA CONTRACT SALES REPORTING TEMPLATE (to be submitted electronically in Microsoft Excel format) National IPA Contract Sales Monthly Report
Requirements for National Cooperative Contract
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY EXHIBITS
EXHIBIT F- NATIONAL IPA ADVERTISING COMPLIANCE REQUIREMENT Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with National IPA and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes:
Nationwide:
State of Alabama* State of Hawaii State of Massachusetts State of New Mexico State of South Dakota
State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma* State of Virginia State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West Virginia
State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia
Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments. *Some public agencies and political subdivisions of these states may be restricted by state statutes that limit competition among cooperative purchasing organizations by only allowing use of purchasing cooperatives sponsored by certain National Associations.
Certain Public Agencies and Political Subdivisions:
CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT NOT
LIMITED TO:
BAKER CITY GOLF COURSE, OR
CITY OF ADAIR VILLAGE, OR
CITY OF ASHLAND, OR
CITY OF AUMSVILLE, OR
CITY OF AURORA, OR
CITY OF BAKER, OR
CITY OF BATON ROUGE, LA
CITY OF BEAVERTON, OR
CITY OF BEND, OR
CITY OF BOARDMAN, OR
CITY OF BONANAZA, OR
CITY OF BOSSIER CITY, LA
CITY OF BROOKINGS, OR
CITY OF BURNS, OR
CITY OF CANBY, OR
CITY OF CANYONVILLE, OR
CITY OF CLATSKANIE, OR
CITY OF COBURG, OR
CITY OF CONDON, OR
CITY OF COQUILLE, OR
CITY OF CORVALLI, OR
CITY OF CORVALLIS PARKS AND RECREATION DEPARTMENT, OR
CITY OF COTTAGE GROVE, OR
CITY OF DONALD, OR
CITY OF EUGENE, OR
CITY OF FOREST GROVE, OR
CITY OF GOLD HILL, OR
CITY OF GRANTS PASS, OR
CITY OF GRESHAM, OR
CITY OF HILLSBORO, OR
CITY OF INDEPENDENCE, OR
CITY AND COUNTY OF HONOLULU, HI
CITY OF KENNER, LA
CITY OF LA GRANDE, OR
CITY OF LAFAYETTE, LA
CITY OF LAKE CHARLES, OR
CITY OF LEBANON, OR
CITY OF MCMINNVILLE, OR
CITY OF MEDFORD, OR
CITY OF METAIRIE, LA
CITY OF MILL CITY, OR
CITY OF MILWAUKIE, OR
CITY OF MONROE, LA
CITY OF MOSIER, OR
CITY OF NEW ORLEANS, LA
CITY OF NORTH PLAINS, OR
CITY OF OREGON CITY, OR
CITY OF PILOT ROCK, OR
CITY OF PORTLAND, OR
CITY OF POWERS, OR
CITY OF PRINEVILLE, OR
CITY OF REDMOND, OR
CITY OF REEDSPORT, OR
CITY OF RIDDLE, OR
CITY OF ROGUE RIVER, OR
CITY OF ROSEBURG, OR
CITY OF SALEM, OR
CITY OF SANDY, OR
CITY OF SCAPPOOSE, OR
CITY OF SHADY COVE, OR
CITY OF SHERWOOD, OR
CITY OF SHREVEPORT, LA
CITY OF SILVERTON, OR
CITY OF SPRINGFIELD, OR
Requirements for National Cooperative Contract
CITY OF ST. HELENS, OR
CITY OF ST. PAUL, OR
CITY OF SULPHUR, LA
CITY OF TIGARD, OR
CITY OF TROUTDALE, OR
CITY OF TUALATIN, OR
CITY OF WALKER, LA
CITY OF WARRENTON, OR
CITY OF WEST LINN, OR
CITY OF WILSONVILLE, OR
CITY OF WINSTON, OR
CITY OF WOODBURN, OR
LEAGUE OF OREGON CITES
THE CITY OF HAPPY VALLEY OREGON
ALPINE, UT
ALTA, UT
ALTAMONT, UT
ALTON, UT
AMALGA, UT
AMERICAN FORK CITY, UT
ANNABELLA, UT
ANTIMONY, UT
APPLE VALLEY, UT
AURORA, UT
BALLARD, UT
BEAR RIVER CITY, UT
BEAVER, UT
BICKNELL, UT
BIG WATER, UT
BLANDING, UT
BLUFFDALE, UT
BOULDER, UT
CITY OF BOUNTIFUL, UT
BRIAN HEAD, UT
BRIGHAM CITY CORPORATION, UT
BRYCE CANYON CITY, UT
CANNONVILLE, UT
CASTLE DALE, UT
CASTLE VALLEY, UT
CITY OF CEDAR CITY, UT
CEDAR FORT, UT
CITY OF CEDAR HILLS, UT
CENTERFIELD, UT
CENTERVILLE CITY CORPORATION, UT
CENTRAL VALLEY, UT
CHARLESTON, UT
CIRCLEVILLE, UT
CLARKSTON, UT
CLAWSON, UT
CLEARFIELD, UT
CLEVELAND, UT
CLINTON CITY CORPORATION, UT
COALVILLE, UT
CORINNE, UT
CORNISH, UT
COTTONWOOD HEIGHTS, UT
DANIEL, UT
DELTA, UT
DEWEYVILLE, UT
DRAPER CITY, UT
DUCHESNE, UT
EAGLE MOUNTAIN, UT
EAST CARBON, UT
ELK RIDGE, UT
ELMO, UT
ELSINORE, UT
ELWOOD, UT
EMERY, UT
ENOCH, UT
ENTERPRISE, UT
EPHRAIM, UT
ESCALANTE, UT
EUREKA, UT
FAIRFIELD, UT
FAIRVIEW, UT
FARMINGTON, UT
FARR WEST, UT
FAYETTE, UT
FERRON, UT
FIELDING, UT
FILLMORE, UT
FOUNTAIN GREEN, UT
FRANCIS, UT
FRUIT HEIGHTS, UT
GARDEN CITY, UT
GARLAND, UT
GENOLA, UT
GLENDALE, UT
GLENWOOD, UT
GOSHEN, UT
GRANTSVILLE, UT
GREEN RIVER, UT
GUNNISON, UT
HANKSVILLE, UT
HARRISVILLE, UT
HATCH, UT
HEBER CITY CORPORATION, UT
HELPER, UT
HENEFER, UT
HENRIEVILLE, UT
HERRIMAN, UT
HIDEOUT, UT
HIGHLAND, UT
HILDALE, UT
HINCKLEY, UT
HOLDEN, UT
HOLLADAY, UT
HONEYVILLE, UT
HOOPER, UT
HOWELL, UT
HUNTINGTON, UT
HUNTSVILLE, UT
CITY OF HURRICANE, UT
HYDE PARK, UT
HYRUM, UT
INDEPENDENCE, UT
IVINS, UT
JOSEPH, UT
JUNCTION, UT
KAMAS, UT
KANAB, UT
KANARRAVILLE, UT
KANOSH, UT
KAYSVILLE, UT
KINGSTON, UT
KOOSHAREM, UT
LAKETOWN, UT
LA VERKIN, UT
LAYTON, UT
LEAMINGTON, UT
Requirements for National Cooperative Contract
LEEDS, UT
LEHI CITY CORPORATION, UT
LEVAN, UT
LEWISTON, UT
LINDON, UT
LOA, UT
LOGAN CITY, UT
LYMAN, UT
LYNNDYL, UT
MANILA, UT
MANTI, UT
MANTUA, UT
MAPLETON, UT
MARRIOTT-SLATERVILLE, UT
MARYSVALE, UT
MAYFIELD, UT
MEADOW, UT
MENDON, UT
MIDVALE CITY INC., UT
MIDWAY, UT
MILFORD, UT
MILLVILLE, UT
MINERSVILLE, UT
MOAB, UT
MONA, UT
MONROE, UT
CITY OF MONTICELLO, UT
MORGAN, UT
MORONI, UT
MOUNT PLEASANT, UT
MURRAY CITY CORPORATION, UT
MYTON, UT
NAPLES, UT
NEPHI, UT
NEW HARMONY, UT
NEWTON, UT
NIBLEY, UT
NORTH LOGAN, UT
NORTH OGDEN, UT
NORTH SALT LAKE CITY, UT
OAK CITY, UT
OAKLEY, UT
OGDEN CITY CORPORATION, UT
OPHIR, UT
ORANGEVILLE, UT
ORDERVILLE, UT
OREM, UT
PANGUITCH, UT
PARADISE, UT
PARAGONAH, UT
PARK CITY, UT
PAROWAN, UT
PAYSON, UT
PERRY, UT
PLAIN CITY, UT
PLEASANT GROVE CITY, UT
PLEASANT VIEW, UT
PLYMOUTH, UT
PORTAGE, UT
PRICE, UT
PROVIDENCE, UT
PROVO, UT
RANDOLPH, UT
REDMOND, UT
RICHFIELD, UT
RICHMOND, UT
RIVERDALE, UT
RIVER HEIGHTS, UT
RIVERTON CITY, UT
ROCKVILLE, UT
ROCKY RIDGE, UT
ROOSEVELT CITY CORPORATION, UT
ROY, UT
RUSH VALLEY, UT
CITY OF ST. GEORGE, UT
SALEM, UT
SALINA, UT
SALT LAKE CITY CORPORATION, UT
SANDY, UT
SANTA CLARA, UT
SANTAQUIN, UT
SARATOGA SPRINGS, UT
SCIPIO, UT
SCOFIELD, UT
SIGURD, UT
SMITHFIELD, UT
SNOWVILLE, UT
CITY OF SOUTH JORDAN, UT
SOUTH OGDEN, UT
CITY OF SOUTH SALT LAKE, UT
SOUTH WEBER, UT
SPANISH FORK, UT
SPRING CITY, UT
SPRINGDALE, UT
SPRINGVILLE, UT
STERLING, UT
STOCKTON, UT
SUNNYSIDE, UT
SUNSET CITY CORP, UT
SYRACUSE, UT
TABIONA, UT
CITY OF TAYLORSVILLE, UT
TOOELE CITY CORPORATION, UT
TOQUERVILLE, UT
TORREY, UT
TREMONTON CITY, UT
TRENTON, UT
TROPIC, UT
UINTAH, UT
VERNAL CITY, UT
VERNON, UT
VINEYARD, UT
VIRGIN, UT
WALES, UT
WALLSBURG, UT
WASHINGTON CITY, UT
WASHINGTON TERRACE, UT
WELLINGTON, UT
WELLSVILLE, UT
WENDOVER, UT
WEST BOUNTIFUL, UT
WEST HAVEN, UT
WEST JORDAN, UT
WEST POINT, UT
WEST VALLEY CITY, UT
WILLARD, UT
WOODLAND HILLS, UT
WOODRUFF, UT
WOODS CROSS, UT
Requirements for National Cooperative Contract
COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO:
ASCENSION PARISH, LA
ASCENSION PARISH, LA, CLEAR OF COURT
CADDO PARISH, LA
CALCASIEU PARISH, LA
CALCASIEU PARISH SHERIFF’S OFFICE, LA
CITY AND COUNTY OF HONOLULU, HI
CLACKAMAS COUNTY, OR
CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR
CLATSOP COUNTY, OR
COLUMBIA COUNTY, OR
COOS COUNTY, OR
COOS COUNTY HIGHWAY DEPARTMENT, OR
COUNTY OF HAWAII, OR
CROOK COUNTY, OR
CROOK COUNTY ROAD DEPARTMENT, OR
CURRY COUNTY, OR
DESCHUTES COUNTY, OR
DOUGLAS COUNTY, OR
EAST BATON ROUGE PARISH, LA
GILLIAM COUNTY, OR
GRANT COUNTY, OR
HARNEY COUNTY, OR
HARNEY COUNTY SHERIFFS OFFICE, OR
HAWAII COUNTY, HI
HOOD RIVER COUNTY, OR
JACKSON COUNTY, OR
JEFFERSON COUNTY, OR
JEFFERSON PARISH, LA
JOSEPHINE COUNTY GOVERNMENT, OR
LAFAYETTE CONSOLIDATED GOVERNMENT, LA
LAFAYETTE PARISH, LA
LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION
LAFOURCHE PARISH, LA
KAUAI COUNTY, HI
KLAMATH COUNTY, OR
LAKE COUNTY, OR
LANE COUNTY, OR
LINCOLN COUNTY, OR
LINN COUNTY, OR
LIVINGSTON PARISH, LA
MALHEUR COUNTY, OR
MAUI COUNTY, HI
MARION COUNTY, SALEM, OR
MORROW COUNTY, OR
MULTNOMAH COUNTY, OR
MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR
MULTNOMAH COUNTY SHERIFFS OFFICE, OR
MULTNOMAH LAW LIBRARY, OR
ORLEANS PARISH, LA
PLAQUEMINES PARISH, LA
POLK COUNTY, OR
RAPIDES PARISH, LA
SAINT CHARLES PARISH, LA
SAINT CHARLES PARISH PUBLIC SCHOOLS, LA
SAINT LANDRY PARISH, LA
SAINT TAMMANY PARISH, LA
SHERMAN COUNTY, OR
TERREBONNE PARISH, LA
TILLAMOOK COUNTY, OR
TILLAMOOK COUNTY SHERIFF'S OFFICE, OR
TILLAMOOK COUNTY GENERAL HOSPITAL, OR
UMATILLA COUNTY, OR
UNION COUNTY, OR
WALLOWA COUNTY, OR
WASCO COUNTY, OR
WASHINGTON COUNTY, OR
WEST BATON ROUGE PARISH, LA
WHEELER COUNTY, OR
YAMHILL COUNTY, OR
COUNTY OF BOX ELDER, UT
COUNTY OF CACHE, UT
COUNTY OF RICH, UT
COUNTY OF WEBER, UT
COUNTY OF MORGAN, UT
COUNTY OF DAVIS, UT
COUNTY OF SUMMIT, UT
COUNTY OF DAGGETT, UT
COUNTY OF SALT LAKE, UT
COUNTY OF TOOELE, UT
COUNTY OF UTAH, UT
COUNTY OF WASATCH, UT
COUNTY OF DUCHESNE, UT
COUNTY OF UINTAH, UT
COUNTY OF CARBON, UT
COUNTY OF SANPETE, UT
COUNTY OF JUAB, UT
COUNTY OF MILLARD, UT
COUNTY OF SEVIER, UT
COUNTY OF EMERY, UT
COUNTY OF GRAND, UT
COUNTY OF BEVER, UT
COUNTY OF PIUTE, UT
COUNTY OF WAYNE, UT
COUNTY OF SAN JUAN, UT
COUNTY OF GARFIELD, UT
COUNTY OF KANE, UT
COUNTY OF IRON, UT
COUNTY OF WASHINGTON, UT
OTHER AGENCIES INCLUDING ASSOCIATIONS, BOARDS, DISTRICTS,
COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC
DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES
INCLUDING BUT NOT LIMITED TO:
BANKS FIRE DISTRICT, OR
BATON ROUGE WATER COMPANY
BEND METRO PARK AND RECREATION DISTRICT
BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA
BOARDMAN PARK AND RECREATION DISTRICT
CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA
CENTRAL OREGON INTERGOVERNMENTAL COUNCIL
CITY OF BOGALUSA SCHOOL BOARD, LA
CLACKAMAS RIVER WATER
CLATSKANIE PEOPLE'S UTILITY DISTRICT
CLEAN WATER SERVICES
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
COOS FOREST PROTECTIVE ASSOCIATION
CHEHALEM PARK AND RECREATION DISTRICT
DAVID CROCKETT STEAM FIRE COMPANY #1, LA
EUGENE WATER AND ELECTRIC BOARD
HONOLULU INTERNATIONAL AIRPORT
HOODLAND FIRE DISTRICT #74
HOUSING AUTHORITY OF PORTLAND
ILLINOIS VALLEY FIRE DISTRICT
LAFAYETTE AIRPORT COMMISSION, LA
LAFOURCHE PARISH HEALTH UNIT – DHH-OPH REGION 3
LOUISIANA PUBLIC SERVICE COMMISSION, LA
LOUISIANA WATER WORKS
MEDFORD WATER COMMISSION
MELHEUR COUNTY JAIL, OR
Requirements for National Cooperative Contract
METRO REGIONAL GOVERNMENT
METRO REGIONAL PARKS
METROPOLITAN EXPOSITION RECREATION COMMISSION
METROPOLITAN SERVICE DISTRICT (METRO)
MULTNOMAH EDUCATION SERVICE DISTRICT
NEW ORLEANS REDEVELOPMENT AUTHORITY, LA
NORTHEAST OREGON HOUSING AUTHORITY, OR
PORT OF BRANDON, OR
PORT OF MORGAN CITY, LA
PORTLAND DEVELOPMENT COMMISSION, OR
PORTLAND FIRE AND RESCUE
PORTLAND HOUSING CENTER, OR
OREGON COAST COMMUNITY ACTION
OREGON HOUSING AND COMMUNITY SERVICES
OREGON LEGISLATIVE ADMINISTRATION
ROGUE VALLEY SEWER, OR
SAINT LANDRY PARISH TOURIST COMMISSION
SAINT MARY PARISH REC DISTRICT 2
SAINT MARY PARISH REC DISTRICT 3
SAINT TAMMANY FIRE DISTRICT 4, LA
SALEM MASS TRANSIT DISTRICT
SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA
SOUTH LAFOURCHE LEVEE DISTRICT, LA
TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON
TUALATIN HILLS PARK & RECREATION DISTRICT
TUALATIN VALLEY FIRE & RESCUE
TUALATIN VALLEY WATER DISTRICT
WILLAMALANE PARK AND RECREATION DISTRICT
WILLAMETTE HUMANE SOCIETY
K-12 INCLUDING BUT NOT LIMITED TO:
ACADIA PARISH SCHOOL BOARD
BEAVERTON SCHOOL DISTRICT
BEND-LA PINE SCHOOL DISTRICT
BOGALUSA HIGH SCHOOL, LA
BOSSIER PARISH SCHOOL BOARD
BROOKING HARBOR SCHOOL DISTRICT
CADDO PARISH SCHOOL DISTRICT
CALCASIEU PARISH SCHOOL DISTRICT
CANBY SCHOOL DISTRICT
CANYONVILLE CHRISTIAN ACADEMY
CASCADE SCHOOL DISTRICT
CASCADES ACADEMY OF CENTRAL OREGON
CENTENNIAL SCHOOL DISTRICT
CENTRAL CATHOLIC HIGH SCHOOL
CENTRAL POINT SCHOOL DISTRICT NO.6
CENTRAL SCHOOL DISTRICT 13J
COOS BAY SCHOOL DISTRICT NO.9
CORVALLIS SCHOOL DISTRICT 509J
COUNTY OF YAMHILL SCHOOL DISTRICT 29
CULVER SCHOOL DISTRICT
DALLAS SCHOOL DISTRICT NO.2
DAVID DOUGLAS SCHOOL DISTRICT
DAYTON SCHOOL DISTRICT NO.8
DE LA SALLE N CATHOLIC HS
DESCHUTES COUNTY SCHOOL DISTRICT NO.6
DOUGLAS EDUCATIONAL DISTRICT SERVICE
DUFUR SCHOOL DISTRICT NO.29
EAST BATON ROUGE PARISH SCHOOL DISTRICT
ESTACADA SCHOOL DISTRICT NO.10B
FOREST GROVE SCHOOL DISTRICT
GEORGE MIDDLE SCHOOL
GLADSTONE SCHOOL DISTRICT
GRANTS PASS SCHOOL DISTRICT 7
GREATER ALBANY PUBLIC SCHOOL DISTRICT
GRESHAM BARLOW JOINT SCHOOL DISTRICT
HEAD START OF LANE COUNTY
HIGH DESERT EDUCATION SERVICE DISTRICT
HILLSBORO SCHOOL DISTRICT
HOOD RIVER COUNTY SCHOOL DISTRICT
JACKSON CO SCHOOL DIST NO.9
JEFFERSON COUNTY SCHOOL DISTRICT 509-J
JEFFERSON PARISH SCHOOL DISTRICT
JEFFERSON SCHOOL DISTRICT
JUNCTION CITY SCHOOLS, OR
KLAMATH COUNTY SCHOOL DISTRICT
KLAMATH FALLS CITY SCHOOLS
LAFAYETTE PARISH SCHOOL DISTRICT
LAKE OSWEGO SCHOOL DISTRICT 7J
LANE COUNTY SCHOOL DISTRICT 4J
LINCOLN COUNTY SCHOOL DISTRICT
LINN CO. SCHOOL DIST. 95C
LIVINGSTON PARISH SCHOOL DISTRICT
LOST RIVER JR/SR HIGH SCHOOL
LOWELL SCHOOL DISTRICT NO.71
MARION COUNTY SCHOOL DISTRICT
MARION COUNTY SCHOOL DISTRICT 103
MARIST HIGH SCHOOL, OR
MCMINNVILLE SCHOOL DISTRICT NOAO
MEDFORD SCHOOL DISTRICT 549C
MITCH CHARTER SCHOOL
MONROE SCHOOL DISTRICT NO.1J
MORROW COUNTY SCHOOL DIST, OR
MULTNOMAH EDUCATION SERVICE DISTRICT
MULTISENSORY LEARNING ACADEMY
MYRTLE PINT SCHOOL DISTRICT 41
NEAH-KAH-NIE DISTRICT NO.56
NEWBERG PUBLIC SCHOOLS
NESTUCCA VALLEY SCHOOL DISTRICT NO.101
NOBEL LEARNING COMMUNITIES
NORTH BEND SCHOOL DISTRICT 13
NORTH CLACKAMAS SCHOOL DISTRICT
NORTH DOUGLAS SCHOOL DISTRICT
NORTH WASCO CITY SCHOOL DISTRICT 21
NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT
ONTARIO MIDDLE SCHOOL
OREGON TRAIL SCHOOL DISTRICT NOA6
ORLEANS PARISH SCHOOL DISTRICT
PHOENIX-TALENT SCHOOL DISTRICT NOA
PLEASANT HILL SCHOOL DISTRICT
PORTLAND JEWISH ACADEMY
PORTLAND PUBLIC SCHOOLS
RAPIDES PARISH SCHOOL DISTRICT
REDMOND SCHOOL DISTRICT
REYNOLDS SCHOOL DISTRICT
ROGUE RIVER SCHOOL DISTRICT
ROSEBURG PUBLIC SCHOOLS
SCAPPOOSE SCHOOL DISTRICT 1J
SAINT TAMMANY PARISH SCHOOL BOARD, LA
SEASIDE SCHOOL DISTRICT 10
SHERWOOD SCHOOL DISTRICT 88J
SILVER FALLS SCHOOL DISTRICT 4J
SOUTH LANE SCHOOL DISTRICT 45J3
SOUTHERN OREGON EDUCATION SERVICE DISTRICT
SPRINGFIELD PUBLIC SCHOOLS
SUTHERLIN SCHOOL DISTRICT
SWEET HOME SCHOOL DISTRICT NO.55
TERREBONNE PARISH SCHOOL DISTRICT
THE CATLIN GABEL SCHOOL
Requirements for National Cooperative Contract
TIGARD-TUALATIN SCHOOL DISTRICT
UMATILLA MORROW ESD
WEST LINN WILSONVILLE SCHOOL DISTRICT
WILLAMETTE EDUCATION SERVICE DISTRICT
WOODBURN SCHOOL DISTRICT
YONCALLA SCHOOL DISTRICT
ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES) , UT
ALIANZA ACADEMY , UT
ALPINE DISTRICT , UT
AMERICAN LEADERSHIP ACADEMY , UT
AMERICAN PREPARATORY ACADEMY , UT
BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES , UT
BEAR RIVER CHARTER SCHOOL , UT
BEAVER SCHOOL DISTRICT , UT
BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT
BOX ELDER SCHOOL DISTRICT , UT
CBA CENTER , UT
CACHE SCHOOL DISTRICT , UT
CANYON RIM ACADEMY , UT
CANYONS DISTRICT , UT
CARBON SCHOOL DISTRICT , UT
CHANNING HALL , UT
CHARTER SCHOOL LEWIS ACADEMY , UT
CITY ACADEMY , UT
DAGGETT SCHOOL DISTRICT , UT
DAVINCI ACADEMY , UT
DAVIS DISTRICT , UT
DUAL IMMERSION ACADEMY , UT
DUCHESNE SCHOOL DISTRICT , UT
EARLY LIGHT ACADEMY AT DAYBREAK , UT
EAST HOLLYWOOD HIGH , UT
EDITH BOWEN LABORATORY SCHOOL , UT
EMERSON ALCOTT ACADEMY , UT
EMERY SCHOOL DISTRICT , UT
ENTHEOS ACADEMY , UT
EXCELSIOR ACADEMY , UT
FAST FORWARD HIGH , UT
FREEDOM ACADEMY , UT
GARFIELD SCHOOL DISTRICT , UT
GATEWAY PREPARATORY ACADEMY , UT
GEORGE WASHINGTON ACADEMY , UT
GOOD FOUNDATION ACADEMY , UT
GRAND SCHOOL DISTRICT , UT
GRANITE DISTRICT , UT
GUADALUPE SCHOOL , UT
HAWTHORN ACADEMY , UT
INTECH COLLEGIATE HIGH SCHOOL , UT
IRON SCHOOL DISTRICT , UT
ITINERIS EARLY COLLEGE HIGH , UT
JOHN HANCOCK CHARTER SCHOOL , UT
JORDAN DISTRICT , UT
JUAB SCHOOL DISTRICT , UT
KANE SCHOOL DISTRICT , UT
KARL G MAESER PREPARATORY ACADEMY , UT
LAKEVIEW ACADEMY , UT
LEGACY PREPARATORY ACADEMY , UT
LIBERTY ACADEMY , UT
LINCOLN ACADEMY , UT
LOGAN SCHOOL DISTRICT , UT
MARIA MONTESSORI ACADEMY , UT
MERIT COLLEGE PREPARATORY ACADEMY , UT
MILLARD SCHOOL DISTRICT , UT
MOAB CHARTER SCHOOL , UT
MONTICELLO ACADEMY , UT
MORGAN SCHOOL DISTRICT , UT
MOUNTAINVILLE ACADEMY , UT
MURRAY SCHOOL DISTRICT , UT
NAVIGATOR POINTE ACADEMY , UT
NEBO SCHOOL DISTRICT , UT
NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES) , UT
NOAH WEBSTER ACADEMY , UT
NORTH DAVIS PREPARATORY ACADEMY , UT
NORTH SANPETE SCHOOL DISTRICT , UT
NORTH STAR ACADEMY , UT
NORTH SUMMIT SCHOOL DISTRICT , UT
ODYSSEY CHARTER SCHOOL , UT
OGDEN PREPARATORY ACADEMY , UT
OGDEN SCHOOL DISTRICT , UT
OPEN CLASSROOM , UT
OPEN HIGH SCHOOL OF UTAH , UT
OQUIRRH MOUNTAIN CHARTER SCHOOL , UT
PARADIGM HIGH SCHOOL , UT
PARK CITY SCHOOL DISTRICT , UT
PINNACLE CANYON ACADEMY , UT
PIUTE SCHOOL DISTRICT , UT
PROVIDENCE HALL , UT
PROVO SCHOOL DISTRICT , UT
QUAIL RUN PRIMARY SCHOOL , UT
QUEST ACADEMY , UT
RANCHES ACADEMY , UT
REAGAN ACADEMY , UT
RENAISSANCE ACADEMY , UT
RICH SCHOOL DISTRICT , UT
ROCKWELL CHARTER HIGH SCHOOL , UT
SALT LAKE ARTS ACADEMY , UT
SALT LAKE CENTER FOR SCIENCE EDUCATION, UT
SALT LAKE SCHOOL DISTRICT , UT
SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT
SAN JUAN SCHOOL DISTRICT , UT
SEVIER SCHOOL DISTRICT , UT
SOLDIER HOLLOW CHARTER SCHOOL , UT
SOUTH SANPETE SCHOOL DISTRICT , UT
SOUTH SUMMIT SCHOOL DISTRICT , UT
SPECTRUM ACADEMY , UT
SUCCESS ACADEMY , UT
SUCCESS SCHOOL , UT
SUMMIT ACADEMY , UT
SUMMIT ACADEMY HIGH SCHOOL , UT
SYRACUSE ARTS ACADEMY , UT
THOMAS EDISON - NORTH , UT
TIMPANOGOS ACADEMY , UT
TINTIC SCHOOL DISTRICT , UT
TOOELE SCHOOL DISTRICT , UT
TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS , UT
UINTAH RIVER HIGH , UT
UINTAH SCHOOL DISTRICT , UT
UTAH CONNECTIONS ACADEMY , UT
UTAH COUNTY ACADEMY OF SCIENCE , UT
UTAH ELECTRONIC HIGH SCHOOL , UT
UTAH SCHOOLS FOR DEAF & BLIND , UT
UTAH STATE OFFICE OF EDUCATION , UT
UTAH VIRTUAL ACADEMY , UT
VENTURE ACADEMY , UT
VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY , UT
WALDEN SCHOOL OF LIBERAL ARTS , UT
WASATCH PEAK ACADEMY , UT
WASATCH SCHOOL DISTRICT , UT
WASHINGTON SCHOOL DISTRICT , UT
WAYNE SCHOOL DISTRICT , UT
Requirements for National Cooperative Contract
WEBER SCHOOL DISTRICT , UT
WEILENMANN SCHOOL OF DISCOVERY , UT
HIGHER EDUCATION
ARGOSY UNIVERSITY
BATON ROUGE COMMUNITY COLLEGE, LA
BIRTHINGWAY COLLEGE OF MIDWIFERY
BLUE MOUNTAIN COMMUNITY COLLEGE
BRIGHAM YOUNG UNIVERSITY - HAWAII
CENTRAL OREGON COMMUNITY COLLEGE
CENTENARY COLLEGE OF LOUISIANA
CHEMEKETA COMMUNITY COLLEGE
CLACKAMAS COMMUNITY COLLEGE
COLLEGE OF THE MARSHALL ISLANDS
COLUMBIA GORGE COMMUNITY COLLEGE
CONCORDIA UNIVERSITY
GEORGE FOX UNIVERSITY
KLAMATH COMMUNITY COLLEGE DISTRICT
LANE COMMUNITY COLLEGE
LEWIS AND CLARK COLLEGE
LINFIELD COLLEGE
LINN-BENTON COMMUNITY COLLEGE
LOUISIANA COLLEGE, LA
LOUISIANA STATE UNIVERSITY
LOUISIANA STATE UNIVERSITY HEALTH SERVICES
MARYLHURST UNIVERSITY
MT. HOOD COMMUNITY COLLEGE
MULTNOMAH BIBLE COLLEGE
NATIONAL COLLEGE OF NATURAL MEDICINE
NORTHWEST CHRISTIAN COLLEGE
OREGON HEALTH AND SCIENCE UNIVERSITY
OREGON INSTITUTE OF TECHNOLOGY
OREGON STATE UNIVERSITY
OREGON UNIVERSITY SYSTEM
PACIFIC UNIVERSITY
PIONEER PACIFIC COLLEGE
PORTLAND COMMUNITY COLLEGE
PORTLAND STATE UNIVERSITY
REED COLLEGE
RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII
ROGUE COMMUNITY COLLEGE
SOUTHEASTERN LOUISIANA UNIVERSITY
SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM)
SOUTHWESTERN OREGON COMMUNITY COLLEGE
TULANE UNIVERSITY
TILLAMOOK BAY COMMUNITY COLLEGE
UMPQUA COMMUNITY COLLEGE
UNIVERSITY OF HAWAII BOARD OF REGENTS
UNIVERSITY OF HAWAII-HONOLULU COMMUNITY COLLEGE
UNIVERSITY OF OREGON-GRADUATE SCHOOL
UNIVERSITY OF PORTLAND
UNIVERSITY OF NEW ORLEANS
WESTERN OREGON UNIVERSITY
WESTERN STATES CHIROPRACTIC COLLEGE
WILLAMETTE UNIVERSITY
XAVIER UNIVERSITY
UTAH SYSTEM OF HIGHER EDUCATION, UT
UNIVERSITY OF UTAH, UT
UTAH STATE UNIVERSITY, UT
WEBER STATE UNIVERSITY, UT
SOUTHERN UTAH UNIVERSITY, UT
SNOW COLLEGE, UT
DIXIE STATE COLLEGE, UT
COLLEGE OF EASTERN UTAH, UT
UTAH VALLEY UNIVERSITY, UT
SALT LAKE COMMUNITY COLLEGE, UT
UTAH COLLEGE OF APPLIED TECHNOLOGY, UT
STATE AGENCIES
ADMIN. SERVICES OFFICE
BOARD OF MEDICAL EXAMINERS
HAWAII CHILD SUPPORT ENFORCEMENT AGENCY
HAWAII DEPARTMENT OF TRANSPORTATION
HAWAII HEALTH SYSTEMS CORPORATION
OFFICE OF MEDICAL ASSISTANCE PROGRAMS
OFFICE OF THE STATE TREASURER
OREGON BOARD OF ARCHITECTS
OREGON CHILD DEVELOPMENT COALITION
OREGON DEPARTMENT OF EDUCATION
OREGON DEPARTMENT OF FORESTRY
OREGON DEPT OF TRANSPORTATION
OREGON DEPT. OF EDUCATION
OREGON LOTTERY
OREGON OFFICE OF ENERGY
OREGON STATE BOARD OF NURSING
OREGON STATE DEPT OF CORRECTIONS
OREGON STATE POLICE
OREGON TOURISM COMMISSION
OREGON TRAVEL INFORMATION COUNCIL
SANTIAM CANYON COMMUNICATION CENTER
SEIU LOCAL 503, OPEU
SOH- JUDICIARY CONTRACTS AND PURCH
STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII
STATE OF HAWAII
STATE OF HAWAII, DEPT. OF EDUCATION
STATE OF LOUISIANA
STATE OF LOUISIANA DEPT. OF EDUCATION
STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY
STATE OF UTAH
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ATTACHMENT D - APPENDIX ELECTRONIC COMMERCE
SEE FILE ATTACHMENT
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ATTACHMENT E - UC PARTICIPATING ENTITIES
List of UC Locations authorized to purchase under this Agreement
1. UC Berkeley Campus
2. UC Davis Campus
3. UC Davis Healthcare System
4. UC Irvine Campus
5. UC Irvine Healthcare System
6. UC Los Angeles Campus
7. UC Los Angeles Healthcare System
8. UC Merced Campus
9. UC Riverside Campus
10. UC San Diego Campus
11. UC San Diego Healthcare System
12. UC San Francisco Campus
13. UC San Francisco Healthcare System
14. UC Santa Barbara Campus
15. UC Santa Cruz Campus
16. UC Hastings Campus
17. UC Office of the President
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ATTACHMENT F - CSU PARTICIPATING ENTITIES
List of CSU Locations authorized to purchase under this Agreement
1. Bakersfield
2. Channel Islands
3. Chico
4. Dominguez Hills
5. East Bay
6. Fresno
7. Fullerton
8. Humboldt
9. Long Beach
10. Los Angeles
11. Maritime
12. Monterey Bay
13. Northridge
14. Pomona
15. Sacramento
16. San Bernardino
17. San Diego
18. San Francisco
19. San Jose
20. San Luis Obispo
21. San Marcos
22. Sonoma
23. Stanislaus
24. Chancellor’s Office
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ATTACHMENT G – CALIFORNIA COMMUNITY COLLEGES PARTICIPATING ENTITIES University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ATTACHMENT H - AICCU PARTICIPATING ENTITIES
Institution Address City Zip
American Jewish University 15600 Mulholland Drive Bel Air 90077 Antioch University 400 Corporate Pointe Culver City 90230 Art Center College of Design 1700 Lida Street Pasadena 91103 Azusa Pacific University 901 E. Alosta Avenue Azusa 91702 Biola University 13800 Biola Avenue La Mirada 90639
Brandman University 16355 Laguna Canyon Road Irvine 92618 California Baptist University 8432 Magnolia Avenue Riverside 92504 California College of the Arts 1111 Eighth Street San Francisco 94107 California Institute of Integral Studies 1453 Mission Street San Francisco 94103 California Institute of Technology 1200 E. California Blvd. Pasadena 91125 California Institute of the Arts 24700 McBean Parkway Valencia 91355 California Lutheran University 60 W. Olsen Road Thousand Oaks 91360 Chapman University One University Drive Orange 92866
Charles R. Drew University 1731 East 120th Street Los Angeles 90059 Chicago School of Professional
Psychology
617 W. 7th Street Los Angeles 90017
Claremont Graduate University 150 E. 10th Street Claremont 91711 Claremont McKenna College 500 E. 9th Street Claremont 91711 Columbia College Hollywood 18618 Oxnard Street Tarzana 91356 Concordia University Irvine 1530 Concordia West Irvine 92612 Dominican University of California 50 Acacia Avenue San Rafael 94901 Fielding Graduate University 2020 De la Vina Street Santa Barbara 93105 Fresno Pacific University 1717 S. Chestnut Avenue East
Hall
Fresno 93702
Golden Gate University 536 Mission Street San Francisco 94105 Harvey Mudd College 301 Platt Boulevard Claremont 91711 Holy Names University 3500 Mountain Blvd. Oakland 94619 Hope International University 2500 E. Nutwood Ave. Fullerton 92831 Humphreys College 6650 Inglewood Avenue Stockton 95207
International Technological University 2711 North First Street San Jose 95134 John Paul the Great Catholic University 220 W. Grand Esondido 92025 Keck Graduate Institute 535 Watson Drive Claremont 91711 La Sierra University 4500 Riverwalk Parkway Riverside 92505 Laguna College of Art + Design 2222 Laguna Canyon Road Laguna Beach 92651 Loma Linda University Loma Linda 92350
Loyola Marymount University 1 LMU Drive Los Angeles 90045 Marymount California University 3800 Palos Verdes Dr. East Rancho Palos Verdes
90275
The Master's University 21726 Placerita Canyon Road Santa Clarita 91321 Menlo College 1000 El Camino Real Atherton 94027
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
Institution Address City Zip
Mills College 5000 MacArthur Blvd. Oakland 94613
Mount Saint Mary's University 12001 Chalon Road Los Angeles 90049 Mount Saint Mary's University 10 Chester Place Los Angeles 90007 National University 11255 North Torrey Pines
Road
San Diego 92037
National University, Sacramento 9320 Tech Center Drive Sacramento 95826 Notre Dame de Namur University 500 Ralston Avenue, Belmont 94002 Occidental College 1600 Campus Road Los Angeles 90041
Otis College of Art and Design 9045 Lincoln Boulevard Los Angeles 90045 Pacific Union College One Angwin Avenue Angwin 94508
Palo Alto University 1791 Arastradero Road Palo Alto 94304 Pepperdine University 24255 Pacific Coast Hwy. Malibu 90263 Pitzer College 1050 N. Mills Avenue Claremont 91711
Point Loma Nazarene University 3900 Lomaland Drive San Diego 92106 Pomona College 550 N. College Avenue Claremont 91711
Providence Christian College 1539 E. Howard Street Pasadena 91104 Saint Katherine College 1637 Capalina Road San Marcos 92069 Saint Mary's College of California 1928 Saint Mary’s Road Moraga 94556 Samuel Merritt University 450 30th Street Oakland 94609 San Diego Christian College 200 Riverview Parkway Santee 92071 San Francisco Art Institute 800 Chestnut Street San Francisco 94133 San Francisco Conservatory of Music 50 Oak Street San Francisco 94102 Santa Clara University 500 El Camino Real Santa Clara 95050 Saybrook University 475 14th Street, 9th Floor Oakland 94612 Scripps College 1030 N. Columbia Claremont 91711
Simpson University 2211 College View Drive Redding 96003 Soka University of America 1 University Drive Aliso Viejo 92656 Southern California Institute of
Architecture
960 E. 3rd Street Los Angeles 90013
Southern California University of Health
Sciences
16200 Amber Valley Dr. Whittier 90604
Stanford University 450 Serra Mall Stanford 94305
TCS Education System 475 14th Street, 9th Floor Oakland 94612 Thomas Aquinas College 10,000 Ojai Road Santa Paula 93060 Touro University California 1310 Club Drive Vallejo 94592 Touro College and University System 43 West 23rd Street New York 10010 University of La Verne 1950 3rd Street La Verne 91750
University of La Verne College of Law 320 East D Street Ontario 91764 University of Redlands P. O. Box 3080 Redlands 92374
University of San Diego 5998 Alcala Park San Diego 92110 University of San Francisco 2130 Fulton Street San Francisco 94117 University of Southern California University Park Los Angeles 90089 University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
Institution Address City Zip
University of Southern California 1800 I Street Sacramento 95811 University of Southern California - Health
Science Campus
1975 Zonal Avenue Los Angeles 90089
University of the Pacific 3601 Pacific Avenue Stockton 95211 University of the Pacific School of
Dentistry
2155 Webster Street San Francisco 94115
Pacific McGeorge School of Law 3200 Fifth Ave. Sacramento 95817 University of the West 1409 Walnut Grove Avenue Rosemead 91700 Vanguard University of Southern CA 55 Fair Drive Costa Mesa 92626 Western University of Health Sciences 309 East Second Street, College Plaza
Pomona 91766
Westmont College 955 La Paz Road Santa Barbara 93108
Whittier College P. O. Box 634 Whittier 90608
Whittier Law School 3333 Harbor Boulevard Costa Mesa 92626 William Jessup University 2121 University Avenue Rocklin 95765 Woodbury University 7500 Glenoaks Blvd Burbank 91504
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ATTACHMENT I – SETTLEMENT MATRIX TERMS
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ATTACHMENT J – CHESS HOLIDAY SCHEDULE
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ATTACHMENT K – SUSTAINABILITY SPECIFICATIONS
California higher education schools have a long history of being leaders in sustainability, including in environmentally and socially responsible purchasing. For example, in 2007, the University of California expanded its UC Sustainable Practices Policy to include environmentally preferable purchasing. Among other directives, these policies advise the UC to:
• Determine the appropriate sustainability requirements to be included in RFPs, • Recognize and value total cost of ownership, closed loop systems, and contribution to LEED credits when evaluating suppliers,
• Recognize recycled content and third party certifications, and negotiate better pricing on products with these recognized criteria where opportunities exist,
• Require suppliers to report quarterly on the UC’s spend on environmentally preferable products, • Require suppliers to document their packaging practices, verify compliance with the UC’s packaging criteria, and work with its suppliers to establish end-of-life reuse, recycling, or “take-back” programs at no extra cost to the University
In addition, the UC Sustainable Practices Policy identifies green building design and operation standards, a zerowaste by 2020 target, a climate neutrality goal by 2025, and stringent water consumption reduction goals.
To further reductions in energy, water, and toxics use, and increase the purchase of recycled-content products, the following specifications are included as directed by the above policy. Vendors participating in the CHESS Maintenance Repair and Operations Solicitation shall strive to comply with all technical and environmental specifications provided herein.
1. Labeling
Environmental benefit claims concerning products or services must be consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Claims. In addition, products claiming environmental benefits shall include the industry standard it meets or third party certification it has received (see below list of preferred technical and environmental specifications) in the catalog product description. A copy of the certification claimed by the vendor must be supplied upon request if it is not publically available for verification. Products offered on this contract that contain recycled content shall list in the hosted and punchout catalogs the amount of recycled content, reflecting both total recycled content (TRC) and postconsumer recycled content (PCRC).
2. Usage Reports
Vendors must submit quarterly usage reports for all purchases made on this contract in the format outlined in EXHIBIT – QUARTERLY REPORT. Many campuses report on progress towards meeting the goals set forth in their respective Environmentally Preferable Purchasing (EPP) policies, and any available data that can be reported on actual EPP purchases and their associated environmental, health, and fiscal impacts is beneficial for this purpose.
3. Environmentally Preferable Products
Campuses may establish a preference for Environmentally Preferable Products (EPPs), adopt additional specifications for certain categories of products, and/or negotiate during the Contract term to permit the substitution or addition of EPPs to the Contract when such products are readily available at a competitive cost and satisfy the department’s performance needs.
4. Mercury Containing Products
The California Environmental Protection Agency regulates the disposal of mercury waste because mercury is toxic to people and to the environment. California law restricts the level of mercury in some products (such as general purpose lights and packaging), and bans the sale of other mercury-containing products outright (such as University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
mercury-containing thermometers, barometers, flow meters, etc.). Vendors must ensure that their processes for the selling, handling and disposing of products containing mercury meets all California mercury control laws:
http://www.dtsc.ca.gov/HazardousWaste/Mercury_Reduction.cfm.
5. Volatile Organic Compounds (VOCs): Campuses seek to procure products that contain no or low amounts of Volatile Organic Compounds (VOCs), wherever feasible, including but not limited to furniture, flooring, paint, sealants, architectural coatings, and building materials. Vendor shall provide low- or no-VOC product options in the above categories. To the greatest extent possible, vendors shall offer and label products that are low emitting and that contain zero or low VOCs.
6. Energy- and Water-Efficient Products: For product categories where ENERGY STAR® -rated or WaterSense® certified products are available, the California Higher Education System Schools seek to focus their procurement efforts only on products with an ENERGY STAR® rating or WaterSense® certification, delivered with energy efficiency and conservation features enabled. Products in applicable categories shall be offered and labeled with ENERGY STAR and WaterSense programs.
7. Recycled Content: Products shall be provided and labeled that meet or exceed the minimum recycled-content specifications as outlined in the EPA’s Comprehensive Procurement Guidelines:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products. Product categories include construction products, landscaping products, office products, paper products, park and recreation products, transportation products, vehicular products, and other miscellaneous products.
8. Packaging: All packaging (including carrying cases, wrappers and wrapping films, bags, and tubs) and packaging components (such as inks, labels, dyes, pigments, adhesives, stabilizers, or any other additives) must be free of Expanded Polystyrene (EPS) and polyvinyl chloride (PVC), and compliant with the Toxics in Packaging Prevention Act (AB 455) as to be free of any intentionally introduced lead, cadmium, mercury or hexavalent chromium, and containing no incidental concentrations of these regulated metals greater than 100 parts per million (ppm) by weight. In addition, all packaging must have the option to meet at least one, and preferably more than one, of the criteria listed below.
a. Uses bulk packaging.
b. Uses reusable/returnable packaging.
c. Uses innovative packaging that reduces the weight of packaging, reduces packaging waste, or utilizes packaging that is a component of the product.
d. Maximizes recycled content
e. Uses easily recyclable or compostable packaging.
9. CHESS SUGGESTED Prohibited Products and Materials: (May vary by location) a. Aerosols and products in aerosol containers
b. Antimicrobials additives used in hand soaps, furniture coatings, and any other products. c. Bottled Water
d. Compact Fluorescent Lamps (CFLs)
e. Compost that includes any chromated copper arsenate (CCA) pressure treated wood products. Provide certification that wood products are free from CCA products or byproduct. f. Disinfectants and Sanitizers that contain known, suspected, reasonably anticipated, or probable human carcinogens per IARC, NTP or the State of California; reproductive toxins per the State of California; University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
Asthmagens per AOEC (listed with a G, Rs, Rrs or Rr designation); Nonylphenol ethoxylates or other alkyl phenol ethoxylates (APEs); Chlorine Bleach (Sodium hypochlorite), Hydrogen chloride (HCL), Phenols, Pine oil, Quaternary ammonium chloride compounds, Silver, or Thyme oil. g. Expanded Polystyrene (EPS) other than that utilized for laboratory supply or medical packaging.
Prohibited products include but are not limited to EPS in foodservice products, and packaging. h. Flashlights that do not use an LED light source
i. Hand sanitizing wipes unless they contain ethyl alcohol or isopropanol active ingredients only j. Incandescent light bulbs that are standard size (size A19) k. Pesticides that are harmful to pollinators including the following Neonicotinoids: Imidacloprid, Clothianidin, Thiamethoxam, Acetamiprid, Dinotefuran.
l. Polyvinyl chloride (PVC) - Products shall be free of PVC whenever an alternative exists. PVC-containing products must be identified in catalogs.
m. Prop 65 Chemicals (known to cause cancer or birth defects or other reproductive harm) unless clearly identified and labeled on all products containing them.
10. Vendor Must Make the Following Environmentally Preferable Products Available on the Contract:
a. Adhesives that comply and are labeled with at least one of the following third-party certifications: Cradle to Cradle, Green Seal, SCS FloorScore, UL GREENGUARD Gold, UL EcoLogo, Carpet and Rug Institute (CRI) Green Label Plus
b. Batteries with rechargeable nickel metal hydride (NiMH) that are low-self discharge and are delivered precharged in the following battery sizes: AA, AAA and D. All batteries shall have a minimum power rating in milliamp hours (mAh) as follows:
i. AAA batteries: 700 mAh
ii. AA batteries: 2000 mAh
iii. C batteries: 2200 mAh
iv. D batteries: 2200 mAh
v. 9-volt batteries: 175 mAh
vi. All chargers must be Energy Star
c. Disinfectants and Sanitizers that contain only Hydrogen Peroxide (including Accelerated Hydrogen Peroxide), Citric Acid, Lactic Acid, or Caprylic Acid as active ingredients. d. Electric Hand Dryers that meet the following specifications:
i. Ability to dry hands in 15 seconds or less with maximum 135 degree Fahrenheit air ii. Operate at a sound level of less than 80 dBA
iii. Energy consumption should match NEC or CEC requirements. iv. Adherence to ADA protrusion requirements
v. Internal air filtration
e. Hydraulic Fuel and Lubricating Oil that meets the following specifications:
i. Hydraulic fluid contains a minimum of 55% re-refined base stock and/or certified by EcoLogo CCD-068 and listed in the USDA BioPreferred Catalog
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ii. Lubricating oil containing a minimum of 75% re-refined base stock or certified by EcoLogo CCD054 or Green Seal-3 f. Luminaires and light bulbs that are LED, high-efficiency and CEC code compliant. g. Motors that are certified with the National Electronic Manufacturers Association’s (NEMA) Premium Energy Efficient Motors Program.
h. Paint products that are certified by Green Seal and the Master Painter Institute (MPI) under its Green Performance Standards; and reprocessed and/or re-blended paint products with a minimum of 10% postconsumer recycled content paint, CARB compliant, and a total recycled content of 50%, that meet the specifications of conventional paints used for the same applications. i. Plastic Lumber that conforms to standard wood dimensional lumber sizing, contains UV inhibitors and is consistent in color and nominal dimension(s) through the entire profile, contains a minimum of 90% total recovered materials, at least 25% of which must be post-consumer plastic. All plastic lumber must be guaranteed against undue warping, sagging, cracking, splitting, rotting, and insect infestation for a minimum of ten (10) years.
j. Pesticides that contain only active ingredients listed on the EPA’s list of Active Ingredients Allowed in Minimum Risk Pesticide Products: http://www.epa.gov/minimum-risk-pesticides/active-ingredientsallowed-minimum-risk-pesticide-products or are listed on the 2015 San Francisco Reduced-Risk Pesticide List:
http://www.sfenvironment.org/sites/default/files/fliers/files/sfe_reduced_risk_pesticide_list_2015_finaldra ft.pdf
k. Powered cleaning equipment that meets the following specifications:
i. Is equipped with controls or other devices for capturing and collecting particulates; ii. Operates at a sound level less than 70 dBA;
iii. Floor Maintenance equipment: has low-emission engines certified by the California Air Resources Board under the Small Off-Road Engines or Equipment (SORE) program and is equipped with catalytic and exhaust monitoring systems; iv. Scrubbers: are equipped with a control method for variable rate dispensing to optimize the use of cleaning fluids;
v. Steam Cleaners: use a dry steam application and steam heat to a minimum 200 degrees F. l. Roofing Materials that are ENERGY STAR certified, approved by the Cool Roof Rating Council (CRRC), and made with recycled materials
m. Solvents and Degreasers certified by Green Seal.
n. Sorbents that contain 100% total recycled content (compliant with EPA’s Comprehensive Procurement Guidelines for Sorbents: http://www.epa.gov/osw/conserve/tools/Comprehensive Procurement Guidelines/products/sorbents.htm), or USDA-certified biobased. a. Wood Lumber that is FSC Certified.
11. Additional Market Basket Pricing
During the life of the contract, the University reserves the right to negotiate the addition of new environmentally preferable products into the market basket for the most preferential pricing.
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ATTACHMENT L – CAMPUS MATRIX
Matrix below is completed for reference purposes only, based on those location who have Supplier-Managed Inventory (SMI), Vending Machines (VM), and a listing of the E-Procurement system currently used. MRO Primary Distributor is to provide a transition plan to the locations listed below for SMI and VM.
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
ATTACHMENT M – UC LOCAL SMALL BUSINESS OPT-IN SOLUTION (BETA)
1. OBJECTIVE: Allow UC San Diego campus to use the sourcing event to introduce local Small Business (SB) or Disabled Veteran Business Enterprise (DVBE). Responsibility of UC San Diego Campus to score, evaluate, and award local agreement.
a. Process Outline:
i. Local campus to support the solicitation efforts by communicating and advertising the SB and DVBE opportunity.
ii. SB and DVBE Responsibility:
1. Participate in the BETA opportunity with campus
2. Provide SB/DVBE Certification
3. Complete a Price Analysis Workbooks
4. Complete Category Discounts
5. Respond to Questions in RFx
iii. UC San Diego Campus Responsibility
1. Score SB/DVBE Supplier(s) responses specifically to campus location
2. Separately Evaluate SB/DVBE responses for UC Location
3. Provide local award for SB/DVBE for your UC Location a. This process will be completely separately from the system solution. b. Timeline for scoring, evaluating, awarding is to be derived by UC campus and shared with SB/DVBE.
c. Spend allocation is to be derived by UC Campus location and its local SB/DVBE goals and objectives.
b. The UC San Diego Campus will evaluate responses in their entirety and determine award based on the most advantageous.
2. ANNUAL SPEND:
CAMPUS LOCATION PAST 12 MONTH MRO SPEND
UC SAN DIEGO $4,966,647.00
3. SB/DVBE SUPPLIER REQUIREMENTS: Supplier will not be required to provide services or goods to campuses or entities other than UC San Diego. If supplier does choose to supply those other entities listed in 1.1 Master Agreement, supplier will be expected to make available the terms, conditions and pricing to those other entities. a. Ecommerce: Supplier must be able to provide a hosted catalog through the Jaggaer/Sciquest platform. b. Invoicing:
i. The Supplier shall submit invoices through Transcepta. UCSD is transitioning our suppliers to the most efficient procure-to-pay process. As part of this transition, we are phasing out all of our paper-based processes, including invoices. This will greatly reduce our invoice process time, costs around mailings and postage, and allow us to optimize our payment methods, which will help us all in our sustainability efforts.
ii. In order to receive and process your invoices in the most efficient way possible, UCSD has joined the Transcepta Electronic Invoicing Supplier Network. As a University of California supplier, you pay NO FEES to participate. Registration and connection with Transcepta takes only a few minutes of your time and there are no requirements to change your existing systems, invoice formats, or engage in IT-intensive projects.
iii. For more information and/or assistance with enrollment in the Transcepta Network, please contact the Transcepta Supplier Connection Team at [email protected] or 949-382-2841. If you have questions specifically for UC San Diego including payment options, contact us via email [email protected].
c. Payment Terms: UC San Diego payment terms are Net 30. Funds will be issued via virtual payment card. d. Exclusions: None of the National IPA or CHESS specific requirements apply to those suppliers that may be awarded as small business suppliers for UC San Diego for the UC San Diego portion of their contract. Unless otherwise noted, all other requirements and provisions apply.
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
EXHIBIT 1 – SUPPLIER REGISTRATION PROCEDURES
GEP Registration is FREE and REQUIRED for all Suppliers.
Link to GEP UCAL Public RFx Events Page :
https://smart.gep.com/publicRFx/ucal?oloc=215#/
• Supplier Registration – to register use link above, please click on the icon, which is located on the upper right hand corner.
• GEP Support – For assistance, please contact via phone or email:
1-732-428-1578 or [email protected]
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
EXHIBIT 2 - DRAFT PURCHASE AGREEMENT
SEE ATTACHED DOCUMENT
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
EXHIBIT 3 - INSURANCE CERTIFICATE EXAMPLE
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
EXHIBIT 4 - CHESS REQUIREMENTS
1. HOURS OF SERVICE:
1.1. REGULAR HOURS are between 6:00 AM and 6:00 PM, Monday through Friday, excluding holidays.
1.2. AFTER HOURS is after 6:00 PM and prior to 6:00 AM, Monday through Friday.
1.3. WEEKENDS are anytime Saturday or Sunday.
1.4. HOLIDAYS are CHESS Holidays (See CHESS holiday schedule attachment).
1.5. Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6. Supplier shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and respond to a call for services within thirty (30) minutes of receipt.
2. RESPONSE TIMES:
2.1. During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Supplier shall respond within four (4) hours of receipt of a request.
2.2. If the request is designated by the CHESS as an EMERGENCY, the Supplier shall respond within two (2) hours of receipt of request regardless of the time of day, WEEKEND or HOLIDAY.
3. CONTRACTORREQUIREMENTS:
3.1. Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and effort necessary to perform the Scope of Work presented.
3.2. The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented.
3.3. The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work.
3.4. All employees of the Contractor shall wear a company uniform identified with the company name consisting of a minimum of one of the following:
3.4.1. Shirt/blouse
3.4.2. Vest
3.4.3. Cap
3.5. No one except authorized employees of the Contractor is allowed on the premises of CHESS.
Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.
3.6. The Contractor shall perform the work in a way to minimize disruption to the normal operation of building occupants. Upon completion of work the Contractor shall clean and remove from the job site all debris, materials and equipment associated with the work performed.
3.7. Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the job site.
4. EMPLOYEE BACKGROUND CHECK:
4.1. A background check is required for all employees providing any services to CHESS. Any occurrence found during background check is to be provided to Participating Agency for approval, prior to placement.
University of California (UC) RFP-MRO-UCSystemWide-Jan222018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
5. SMALL BUSINESS
5.1. Supplier(s) must have the capability to provide a small business solution. Provide Supplier(s) capabilities in the Capabilities section in the questions.
5.2. Additional points will be made available to those suppliers able to provide Small Business and/or Disabled Veteran Business Enterprise (DVBE) solution.
5.3. California based Participating Entities have a minimum of 25% Small Business participation spend. CHESS is looking for an agreement that would allow this targeted goal. CHESS reserves the right to source certain MRO supplies to small business, who are able to meet the spend requirement.
6. ONLINE/ECOMMERCE PRESENCE
6.1. Supplier(s) must have an online capability with contracted pricing for MRO goods being purchased. Full capabilities of this is to be outlined in questions of solicitation.
7. IN-STORE OR STOREFRONT
7.1. Supplier(s) must have an in-store or storefront presence to allow CHESS or Participation Agency the ability to pick up items that may be on emergency or as needed basis.
MAINTENANCE REPAIR AND
OPERATIONS (MRO)
SUPPLIES AND RELATED SERVICES
Request for Proposal
#RFP-MRO-UCSystemWide-Jan312018
Due date: 03/24/18@ 3pm PST
SUBMITTED BY:
Pankil Desai
Sr. Government Sales Manager
W.W. Grainger, Inc.
Denise Childress
Government Sales Manager
W.W. Grainger, Inc.
University of California (UC)
On behalf of California Higher Education Strategic Sourcing (CHESS) and other government agencies and non-profits
Executive Summary
Grainger is pleased to present UC Systems, CHESS and National IPA with an RFP system wide response which will provide insights on how enhancing our partnership with Grainger will help you to continue to leverage your higher education purchasing power while supporting the current momentum you have created for improvement and change across your business. We are focused on creating a more efficient operating model that supports standardization, and consolidation for your MRO spend with an experienced supplier. We have a proven track record of successful product implementations and superior performance and delivery. We strive for continuous improvement to drive cost optimization and welcome aligning our efficient practices to support UC, CHESS and National IPA program initiatives.
Our people, products and processes focus on continuous improvement to ensure CHESS and National IPA customers receive the highest quality solutions with the most value added services. Grainger will demonstrate that we have the ability to deliver a wide range of competitively priced products and industry-leading solutions to enhance your current systems and provide reporting to ensure ongoing partnership value year over year.
Company Profile
Not all distribution models are equal. It’s about how we get it done. We understand that you want to leverage your higher education purchasing power and that you have institution needs which must be fulfilled without delay.
Grainger has the services, products and dedicated resources aligned to your locations for all your planned and unexpected needs. Furthermore, with over $1.3 billion in on-hand inventory, our branches and DCs can tailor their inventory to CHESS and National IPA entity location preferences and actual product demand to ensure continued product availability.
Our dedicated Government vertical focus helps Grainger excel at understanding CHESS and National IPA needs by building a strategy specifically around Higher Education and investing in continuous training for aligned Government Account Managers. With over 500 dedicated Government Sales Managers, our teams help Education customers reduce operational costs. In 2017, Grainger's Government sales teams had over 65,000 "touches" with in person meetings, emails, webinars, supplier demonstrations, Business Reviews, training, technical support, consulting and safety assessments to service and support our government customers. Our team is highly committed to providing you with more ways to streamline procurement to reduce costs and achieve your objectives while meeting industry requirements and regulations.
Capabilities
Grainger is ranked the number one eRetailer in the MRO industry and has the most comprehensive platform of eCommerce, mobile apps and eProcurement offerings in the industry. Our eCommerce team has received awards as a result of our eCommerce focus, including the Internet Retailer magazine’s B2B E-Commerce as the Website Design of the Year Award in 2016. Grainger continues to make it easy for users to order MRO product from Grainger wherever they are, and on their preferred platform.
Our eCommerce capabilities provide a wide variety of electronic integrated solutions, including our current punch out catalog which can significantly reduce procurement and processing costs. We are flexible enough to meet the varying needs of CHESS and National IPA entities while complying with all legal requirements.
Providing small and disadvantaged businesses opportunities to assist in meeting public sector MRO procurement requirements and small business goals is integrated into our business plans and strategy. We acquire product from diverse suppliers. Our distributor alliance reseller program provides frontline service to public agencies. We assist both diverse suppliers and the distributor alliance resellers in gaining insight and experience in the MRO market and in responsibilities associated with public sector budgets, operations and compliance. Grainger relies on small and disadvantaged suppliers of goods and services to run our business.
We remain a steadfast partner delivering expeditious response and proven reliability in emergencies. Our supplier relationships and supply chain capability assures that product is directed to where and when it is needed.
Grainger’s reliability, expertise and experience in Continuity and Emergency Response results from participating in first responder and emergency management agency planning exercises. We commit resources throughout all stages of disaster and emergencies. In any emergency, large or small, our pricing and services remain as provided in the contract.
Sustainability
Our commitment to sustainability and green initiatives is reflected in access to 72,000 products and expertise that assists in determining the right green substitute. Grainger holds itself to corporate- wide sustainability efforts that are reported annually. 17 Grainger facilities have been built with or retrofitted to include building management systems, solar panels, green roofing, energy efficient plumbing for a footprint of over 4.1 million square feet of LEED certified space. Our DC network recycling efforts has increased each year to equal 84.8% recycling efforts.
The effort includes four distribution centers recently retrofitted with building management systems.
Grainger earned a spot on Newsweek’s 2016 list of America’s Greenest Companies. Newsweek ranks companies according to their corporate sustainability efforts and environmental practices. Stewardship for the environment and managing our business processes and facilities consistent with sustainable practices is a key priority for Grainger.
Our Website, Grainger.com/sustainability, provides details on how we are meeting our commitments along with our policies.
Value Add
Grainger’s offer is drawn from actual experience with Higher Education and is available nationwide and encompasses all categories. It presents access to our extensive catalog at competitive pricing and meaningful incentives. As part of Grainger’s 2017 strategic pricing initiative, Grainger introduced Contract Reference Prices (“CRP”) as the new basis for its contract customer pricing. Grainger’s CRP prices are market-based and lower than Grainger’s historic List Prices. Because CRP prices are lower than Grainger’s prior List Prices, contract category discounts are also lower. As a result, a larger category discount percentage offered by a competitor may not yield a lower product price. Our pricing offer for CHESS and National IPA includes contract incentives, a fixed category discount structure tied to CRP, prepaid standard ground shipping, product warranties, inventory management solutions, and market basket pricing that is firm for 12 months.
Grainger’s strategic relationships with our suppliers allow us to provide competitive offers to our customers to meet their procurement objectives. Our proposal submission for this RFP includes the following incentives for CHESS and National IPA:
Base Discount Program
Category Discounts
Incremental Growth Incentive
Grainger Choice Incentive
Green Product Incentive
Freight and Payment Terms
Inventory management is not a “one size fits all” solution. Grainger takes a customer-centric approach, offering solutions aligned with specific entity needs. Grainger offers a variety of options customized to provide efficiencies and operational savings. By working together, we can help identify your inventory challenges, determine where and how your inventory is used, and develop a solution that best fits your needs.
Marketing / Sales
Grainger serves all agencies, small, medium and large, across all public sector jurisdictions. Our resources are available and structured for each - the breadth of our $1.3 billion in US inventory, 1.6 million product (SKUs), 13 Distribution Centers with 16.5 million square feet and 249 US branch locations, each carrying nearly $1 million of inventory. An experienced, technical support team with in-depth knowledge is but part of Grainger investment in team member skills, experience and vitality and serves all agencies.
A seamless implementation plan will support CHESS and National IPA as well as new entities across all 50 states.
Grainger will utilize a combination of communications and marketing programs, to drive contract awareness, demonstrate contract value, and promote a call to action towards existing CHESS and National IPA customers, potential new customers, industry experts, strategic business partners, and internal Grainger resources within the first 90 days of the award date.
Furthermore, Grainger will collaborate with CHESS and National IPA to mutually align communication channels, messaging content, and delivery targets to demonstrate a strong partnership across our organizations when marketing the CHESS and National IPA contract.
Administration
Grainger’s offering extends beyond core compliance obligations associated with public sector agencies. Grainger has a Global Compliance Team lead by the Chief ethics and Compliance Officer comprising of US based and global compliance professionals. Employee training, including a mandatory annual ethics curriculum addressing the government sector, is integral to our compliance program. Grainger’s SAP Enterprise Resource Planning (ERP) platform provides agency driven requirements that assist internal oversight and supervision.
The Grainger team is confident that enhancing our partnership to the next level will allow you to strengthen your business and achieve long term success. We remain committed in earning your important business and look forward to next steps.
Sincerely,
Pankil Desai Denise Childress
Pankil Desai Denise Childress
Sr. Government Sales Manager Government Sales Manager
W.W. Grainger, Inc. W.W. Grainger, Inc.
[email protected] [email protected]
University of California (UC)
REQUEST FOR PROPOSAL#
RFP-MRO-UCSystemWide-Jan312018
FOR
CALIFORNIA HIGHER EDUCATION PROCUREMENT OF
MAINTENANCE REPAIR AND OPERATIONS (MRO)
SUPPLIES AND RELATED SERVICES
On behalf of California Higher Education Strategic Sourcing (CHESS) and other government agencies and non-profits
Date Issued: 01/31/18
Responses Due: 03/17/18@ 3pm PST
It is the Supplier’s responsibility to read the entire document, any addenda, and to comply with all requirements listed herein. Any addenda to this Request for Proposal will be directed to all participating Suppliers. It is the Supplier’s responsibility to watch their e-mail for any addenda, notices, or changes to the RFP or process.
Issued by: The Regents of the University of California
Adrian Ferreira, MRO & Facilities Commodity Manager
Center of Excellence University of California Office of the President 7835 Trade Street, San Diego, CA, 92121
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
Bid RFP-MRO-UCSystemWide-Jan312018
MAINTENANCE REPAIR AND OPERATIONS (MRO) SUPPLIES
AND RELATED SERVICES
Bid Number RFP-MRO-UCSystemWide-Jan312018
Bid Title MAINTENANCE REPAIR AND OPERATIONS (MRO) SUPPLIES AND RELATED SERVICES Bid Start Date Jan 31, 2018 7:27:21 AM PST
Bid End Date March 17, 2018 3:00:00 PM PST
Question & Answer
End Date March 02, 2018 8:00:00 AM PST
Bid Contact Adrian Ferreira
MRO & Facilities - Commodity Manager
Center of Excellence University of California Office of the President [email protected]
Vendor Conference February 05, 2018 9:00:00 AM PST
Attendance is non-mandatory
Location: THERE WILL BE A NON-MANDATORY VENDOR CONFERENCE ON FEBRUARY 05, 2018 AT 9:00 AM PACIFIC STANDARD TIME, VIA WEB CONFERECE USING ZOOM APPLICATION.
Web Conference Meeting Link: https://UCOP.zoom.us/j/380679787 Dial In option US: +1 669 900 6833 Meeting ID: 380 679 787 Link and number is only available during time of Vendor Conference. If an Offeror is unable to attend the pre-proposal conference, recording of presentation will be attached to GEP system upon completion.
Description
University of California Office of the President (herein “Principal Procurement Agency” on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is soliciting proposals from qualified Suppliers to enter into a Master Agreement for a complete line of Maintenance Repair and Operating (MRO) Supplies and Related Products and Services (herein “Products and Services”).
In addition, Supplier is to propose any related services to MRO currently being offered.
University of California RFP-MRO-UCSystemWide-Jan312018 UC - Maintenance Repair and Operations (MRO) and Related Services RFx
TABLE OF CONTENT
SECTIONS:
1.0 INTENT
2.0 SCOPE OF WORK
3.0 PROCUREMENT REQUIREMENTS
4.0 TERMS AND CONDITIONS
5.0 INSTRUCTIONS
ATTACHMENTS:
ATTACHMENT A PRICING
ATTACHMENT A-1 PRICING ANALYSIS WORKBOOK
ATTACHMENT B RETAIL STORES AND WAREHOUSE LOCATIONS
ATTACHMENT C NATIONAL IPA REQUIREMENTS
ATTACHMENT D APPENDIX ELECTRONIC COMMERCE
ATTACHMENT E UC PARTICIPATING ENTITIES
ATTACHMENT F CSU PARTICIPATING ENTITIES
ATTACHMENT G CCC PARTICIPATING ENTITIES
ATTACHMENT H AICCU PARTICIPATING ENTITIES
ATTACHMENT I SETTLEMENT MATRIX TERMS
ATTACHMENT J CHESS HOLIDAY SCHEDULE
ATTACHMENT K SUSTAINABILITY SPECIFICATIONS
ATTACHMENT L CAMPUS MATRIX
ATTACHMENT M UC LOCAL SMALL BUSINESS OPT-IN SOLUTION (BETA) EXHIBITS:
EXHIBIT 1 SUPPLIER REGISTRATION PROCEDURES
EXHIBIT 2 DRAFT PURCHASE AGREEMENT
EXHIBIT 3 INSURANCE CERTIFICATE EXAMPLE
EXHIBIT 4 CHESS FACILITIES MANAGEMENT REQUIREMENTS
EXHIBIT 5 QUARTERLY REPORT
UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California
REQUEST FOR PROPOSAL FOR MAINTENANCE REPAIR AND OPERATION SUPPLIES, AND RELATED PRODUCTS AND SERVICES (National IPA)
1.0 INTRODUCTION, BACKGROUND AND INTENT:
1.1 MASTER AGREEMENT
University of California Office of the President (UCOP) (herein “Principal Procurement Agency” on behalf of itself, California State University (CSU), California Community Colleges (CCC) represented by Foundation for California Community Colleges (FCCC) and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is soliciting proposals from qualified Suppliers to enter into a Master Agreement for a complete line of Maintenance, Repair and Operating (MRO) Supplies & Related Products and Services (herein “Products and Services”). Moving forward, all three organizations UC, CSU, CCC will be referenced as California Higher Education Strategic Sourcing (CHESS).
1.2 OBJECTIVES
A. Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Participating Public Agencies.
B. Establish Master Agreement, with a Five (5) year term and two one (1) year options, as a Supplier’s primary offering to Participating Public Agencies.
C. Achieve cost savings for Suppliers and Participating Public Agencies through a competitive solicitation process that eliminates the need for multiple bids or proposals.
D. Combine the volumes of CHESS and Participating Public Agencies to achieve cost effective pricing;
E. Reduce the administrative and overhead costs of Suppliers and Participating Public Agencies through state of the art ordering and delivery systems.
F. Provide Participating Public Agencies with environmentally responsible products and services.
G. Small Business and/or Diverse Solution available to comply with those campuses required to meet Participating Entity obligations. A BETA solution is outlined in Attachment M.
H. The goal of the RFP is to establish a national contract(s).If Suppliers are unable to propose a national program due to conflicts with legal obligations or coverage area, Supplier may indicate so and propose a regional or direct solution. CHESS will evaluate responses in their entirety and determine award based on the most advantageous.
1.3 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Suppliers are to propose the broadest possible selection of MAINTENANCE, REPAIR, OPERATIONS SUPPLIES, AND RELATED PRODUCTS AND SERVICES they offer.
The intent of this solicitation is to provide Participating Public Agencies with a comprehensive offering of products and services to meet their various needs. Therefore, the Proposers should have demonstrated experience in providing the Products and Services as defined in this RFP, including but not limited to:
1.3.1 Maintenance, Repair, Operations (MRO) Supplies and Related Services – A complete and comprehensive offering of MRO supplies such as but not limited to appliances, material handling repairs, air filters, batteries, electrical, fasteners, hand tools, HVAC, lighting, lamps, ballast, fixtures, material handling repairs, motors, outdoor equipment, paint and equipment UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California supplies, plumbing, pneumatic tools, power tools and accessories, safety, security, welding and soldering, public safety and any other miscellaneous MRO supplies offered by Supplier. Also include sourcing options for items not readily available.
1.3.2 Related Products and Services– A complete range of related products and services offered by Supplier including, but not limited to, supplier-managed inventory, vending machines, storehouse analytics, inventory management, safety training, and any other related services.
1.4 National Contract Requirements
University of California (UC), as the Principal Procurement Agency, as defined in Attachment C, has partnered with the National Intergovernmental Purchasing Alliance Company (“National IPA”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by National IPA) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through National IPA’s cooperative purchasing program. University of California (UC) is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA’s cooperative purchasing program. Attachment C contains additional information on National IPA and the cooperative purchasing agreement.
National IPA is a subsidiary of OMNIA Partners which provides shared services and supply chain optimization to government, education and the private sector. As a channel partner with Vizient (formally, Novation), National IPA leverages over $100 billion in annual supply spend to command the best prices on products and services. With corporate, pricing and sales commitments from the Supplier, National IPA provides marketing and administrative support for the Supplier that directly promotes the Supplier’s products and services to Participating Public Agencies though multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and competed. The Supplier benefits from a contract that allows Participating Public Agencies to directly purchase goods and services without the Supplier’s need to respond to additional competitive solicitations. As such, the Supplier must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Supplier and respond to the National IPA documents (Attachment C).
The University of California (UC) anticipates spending approximately $250 million over the full potential Master Agreement term for Maintenance Repair and Operations (MRO) Supplies and Related Services. While no minimum volume is guaranteed to the Supplier, the estimated annual volume of Maintenance Repair and Operations (MRO) Supplies and Related Services purchased under the Master Agreement through National IPA is approximately $500 million. This projection is based on the current annual volumes among the University of California (UC), other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through National IPA, and volume growth into other Public Agencies through a coordinated marketing approach between the Supplier and National IPA.
1.5 INTENT:
The Respondent(s) shall have a strong national presence for a vast array of supplies and equipment necessary for maintenance and repair in residential, commercial and industrial environments for use by various public entities nationwide.
Responses shall be for MRO and Related Products and Services. Suppliers are not required to respond to all categories. Below are the two methods in which Supplier(s) can respond:
1.5.1 MRO Primary Distributor: In order to be considered, Supplier(s) needs to respond to a minimum of 14 categories listed in Attachment A-1 Pricing Analysis Workbook. One of the categories required to complete will be in the tab called “Non– Standard”. This category will be used to evaluate infrequent orders. The Non-Standard category UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California will be evaluated on cost and sourcing capabilities.
1.5.2 Individual Category: Suppliers interested in only individual categories have an option to submit a response for evaluation. Responses for individual categories must meet a minimum of 70% of items listed in that category with either exact match or equivalent. Suppliers submitting for individual categories will be evaluated amongst all other equivalent category responses.
UC intends to award a contract in whole, however, UC reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves UC best interest. The term of the Master Agreement will be for five (5) years with two (1) year options to extend.
2.0 SCOPE OF WORK:
2.1 MAINTENANCE REPAIR AND OPERATIONS (MRO) SUPPLIES AND RELATED SERVICES:
A complete and comprehensive offering of MRO supplies such as but not limited to appliances, material handling repairs, air filters, batteries, electrical, fasteners, hand tools, HVAC, lighting, lamps, ballast, fixtures, material handling repairs, motors, outdoor equipment, paint and equipment supplies, plumbing, pneumatic tools, power tools and accessories, safety, security, welding and soldering, public safety and any other miscellaneous MRO supplies offered by Supplier.
In addition, Supplier is to propose any related services to MRO currently being offered.
2.2 RELATED PRODUCTS AND SERVICES:
2.2.1 Any related products and services offered by Supplier. All details of the related products and services available by Supplier are to be provided in the question section.
2.2.2 Products used in performing these services shall be procured under the awarded contract, at contract prices.
2.3 PRODUCT CATEGORIES:
This Solicitation is to establish a nationwide purchasing agreement for the acquisition of the following products. The category descriptive examples below are not to be considered restrictive, but rather, provide a general, non-inclusive, description of the category. These are standard use in the residential, commercial environments. Your firm may not have the ability to provide all categories and can propose individual categories for evaluation. Evaluation analysis for individual categories proposed will be compared to all other Supplier(s) responding to exact individual category.
All products offered shall be new, unused and of the latest design and technology.
Grainger confirms all products will be new, unused and of the latest design and technology The intent is for each Supplier to submit their complete product line so that Participating Public Agencies may order a wide array of product as appropriate for their needs. The categories outlined, below are some of UC primary interest. It is encouraged that Supplier(s) add/enhance to the list provided in ATTACHMENT A – PRICING to further define a complete product line from Supplier. Supplier(s) have the option to add as many categories applicable which encompass the MRO category. Primary categories used for evaluation are listed below:
UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California Grainger’s General Catalog and Grainger.com carries over 1.6 million total products from more than 5,100 manufacturers and suppliers in the following categories:
2.3.1 CATEGORY 1: ADHESIVES,SEALANTSANDTAPE
Caulks, Concrete & Asphalt, Dispensing Guns, Glues & Cements, Putties, Tapes, Thread & Gasket Sealants.
2.3.2 CATEGORY 2: AIR FILTERS
HVAC filters which include but are not limited to the following types: V-Bank, Pleated, Antimicrobial, Cube Filter, HEPA Filter, Pocket Air, Cartridge, Carbon, Three Ply, and all other applicable building filters.
2.3.3 CATEGORY 3: BATTERIES
Alkaline, Lithium, Coin, and Standard batteries as an example but not limited to: AA, AAA, AAAA, C, D, 9V, 2032, 123, 223 and all other applicable.
2.3.4 CATEGORY 4: ELECTRICAL
Batteries, Circuit Breakers, Conduit, Electrical Tape, Enclosures, Fuses, Outlet Boxes, Power Cords, Pushbuttons, Raceways, Receptacles, Relays, Soldering, Solenoids, Starters, Surge Suppressors, Timers, Transformers, UPS Systems, Wire, Wire Management.
2.3.5 CATEGORY 5: FASTENERS
Anchors, Bolts, Braces & Brackets, Door Hardware, Door Locks & Deadbolts, Hooks, Hydraulic Seals, Keyless Access Locks, Keystock, Lanyards, Measuring Equipment, Nails, Nuts, O-Rings & O-Ring Kits, Pins, Retaining Rings, Rivets, Screws, Spacers & Standoffs, Springs, Staples, Thread Inserts, Washers.
2.3.6 CATEGORY 6: HAND TOOLS
Hand-held (Electric, Battery, or Pneumatic-operated), including Accessories, Automotive type Tools, Welding Equipment, Testing and Measuring Tools, Carts and Hand Trucks, Work Benches, Tool Cabinets, Ladders, and all Ancillary Supplies and
Components.
2.3.7 CATEGORY 7: HVAC AND REFRIGERATION
Air Circulators & Fans, Air Cleaners, Air Conditioning, Air Filters, Blowers, Central Equipment, Dehumidifiers, Exhaust Fans, Evaporative Coolers, Heaters & Accessories, Humidifiers, HVACR UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California Controls, Power Roof Ventilators, Refrigeration, Shutters/Dampers, Thermostats, Tubeaxial Fans.
2.3.8 CATEGORY 8: LIGHTING, LAMPS, BALLAST, FIXTURES
Ballasts, Batteries, Cord Reels, Dimming Controls, Dock Lights, Exit Signs, Fixtures, Flashlights, Hand Lamps, Jobsite Lighting, Lamps, LED Lighting, Machine Tool Lights, Recycling Kits, Track Lighting, Troffers.
2.3.9 CATEGORY 9: MATERIAL HANDELING
Cabinets, Carts & Trucks, Casters, Conveyors, Drums & Docks, Hoists/Winches & Rigging, Ladders, Mounts & Vibration Control, Packaging & Shipping, Scaffolding, Tarps.
2.3.10 CATEGORY 10: MOTORS
Bearings, Belts, Brakes/Clutches, Bushings, Chain, Couplings, Definite-Purpose Motors, Gear Motors, General-Purpose Motors, HVAC Motors, Linear Motion, Pulleys, Pump Motors, Sheaves, Speed Reducers, Sprockets, Vacuum Motors, Vibrators.
2.3.11 CATEGORY 11: OUTDOOR EQUIPMENT
Cranes, Creepers, Insect Control, Jacks, Lawn Maintenance, Lift Equipment, Master Sets, Oils, Rakes, Shovels, Sprinklers, Tool Storage, Water Hoses, Wheelbarrows, and any other applicable items. Landscape Equipment (Gasoline and Electric), Shovels, Rakes, Axes, Hoes, Hoses, Nozzles, Insect Control, Herbicides, Fertilizers, Plants, Trees, Sprinkler/Irrigation Equipment and Supplies and all Ancillary Supplies, Tools, and Components.
2.3.12 CATEGORY 12: PAINTS EQUIPMENT AND SUPPLIES
All types of Paints, Equipment and Supplies, Brushes, Rollers, Spray Equipment, Aerosol Paints, Pressure Washers, Sand Blasters, Finishes, Abrasives, Epoxy, Cleaners, Drywall Supplies, Tarps, Compounds, Accessories, and all Ancillary Supplies, Tools, and Components.
2.3.13 CATEGORY 13: PLUMBING
Air-Operated Diaphragm Pumps, Centrifugal Pumps, Faucets, Flowmeters, Fuel & Oil Transfer Pumps, Pipe/Valves/Fittings, Positive Displacement Pumps, Sinks, Sump/Sewage Pumps,
Toilets, Tubing, Urinals, Water Coolers, Water Filtration, Water Heaters, Water System Pumps, Kitchen Sink.
2.3.14 CATEGORY 14: PNEUMATIC TOOLS
Adapters, Air Compressors, Clamps, Couplings, Cylinders, Dryers, Filters, Filter Regulator Lubricants, Fittings, Hoses, Hose Reels, Hydraulic Motors & Gear Pumps, Hydraulic Pumps & Cylinders, Lifting, Motors, Oil Coolers, Power Units, Pumps, Regenerative Blowers, Tools, Vacuum Pumps, Valves.
2.3.15 CATEGORY 15: POWER TOOLS AND ACCESSORIES
Electric or gas operated, mobile or stationary, bench or floor mounted, including accessories, and all ancillary supplies and components. Some examples include Band Saws, Circular Saws, Cordless & Corded Drills, Cordless Tool Batteries & Chargers, Drill Presses, Dust Collectors, Grinders & Cutoff Tools, Hammer Drills, Impact Drivers & Wrenches, Lathes, Metal Forming Machinery, Reciprocating Saws, Rotary & Demo Hammers,
Routers.
UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California
2.3.16 CATEGORY 16: SAFETY
Emergency Preparedness, Facility Safety, Fire Protection, First Aid, Identification, Industrial Safety, Instrumentation, Personal Protective Equipment, Safety Storage, Spill Control &
Containment, Traffic Safety.
2.3.17 CATEGORY 17: SECURITY
Door and Door Frames, Key Control & Identification, Mailboxes, Padlocks, Replacement Parts, Safes, Security Alarms and Warnings, Self Defense, Specialty Locks, Video Surveillance.
2.3.18 CATEGORY 18: WELDING AND SOLDERING
Abrasives, Arc Welding, Blankets, Curtains & Pads, Drill Bits, End Mills & Milling Cutters, Fume Extraction, Gas Welding, Taps & Dies, Inserts, Machine Tool Accessories, Precision Measuring, Welding Accessories.
2.3.19 CATEGORY 19: NON-STANDARD
Items that are currently purchased by CHESS that can be considered Non-Standard for some catalog SKUs with less purchase frequency.
Grainger’s sourcing team procures MRO Materials and supplies products and related services not found in the Grainger General Catalog. Grainger’s sourcing team leverages Grainger’s buying power for miscellaneous MRO products and services and provides customers with a total cost solution for acquiring infrequently ordered items. Through this channel, Grainger provides quick access to over 6,500 suppliers and more than five million products and services beyond the Grainger catalog offering.
Additionally, this channel provides access to line extensions (non-Grainger General Catalog product from Grainger General Catalog suppliers) and some discontinued product catalog lines.
Grainger sourcing team accomplishes this through:
• A centralized, dedicated, and experienced team to quote and manage orders. • An expanded assortment through a large supplier network of manufacturers and distributors. This generally includes:
Expanded offering from core (Catalog) suppliers
Products from non-core suppliers
Custom products
Select services
Shipping orders directly from suppliers to Grainger customers Grainger’s sourcing team will continue its current practice of providing UC System customers with access to non-standard items as described in Category 19 above.
2.4 ADDITIONAL PRODUCT CATEGORIES OF INTEREST TO CHESS:
2.4.1 CATEGORY 1: APPLIANCES
Large Appliances: Refrigerators, Washers, Dryers, Dishwashing Machines, Stoves, Cooktops, Range Hoods and Ovens; Small Appliances: Mixers, Toasters, Microwave Ovens, Food
Processors, Disposals, Trash Compactors, and all Ancillary Supplies, Tools, and Components.
2.4.2 CATEGORY 2: BUILDING MATERIALS
Lumber (Dimensional and Timber), Millwork, Roofing, Siding, Plywood, Paneling, Hardwood, Trim, Molding,
Fencing, Decking, Gates, Brick, Block, Doors, Windows, Bagged Goods (Concrete, Mortar, Sand, or Asphalt), Drywall, Rebar, Acoustical Tiles, Rain Gutters, Garage Door Openers, Insulation, UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California and all Ancillary Supplies, Tools, and Components.
2.4.3 CATEGORY 3: PUBLIC SAFETY
Access Barriers and Crowd Control, Police and EMT Uniforms, Security Management and Law Enforcement, Two Way Radios and Police Scanners, Detectors, Scanners, and all Ancillary Supplies.
2.5 PRODUCT ORDERING:
2.5.1 Suppliers complete product line (Wholesale or Retail) shall be available for ordering 24/7.
2.5.2 Products may be ordered by any of the following methods:
- E-procurement (Jagger/SciQuest, Perfect Commerce, Peoplesoft, ESM, and others) Attachment L – Campus Matrix defines locations and systems in use. - Internet/Online Store
- Will Call (Phone or FAX order)
- POS (Point-of-sale)
Grainger offers CHESS Participating Entities multiple ordering methods:
1. Grainger.com online ordering catalog
2. Toll Free phone
3. Email / Fax
4. Branch Location (Will Call, POS)
5. eProcurement (Hosted or Punch-Out shopping and electronic transactions, Jagger/SciQuest, Perfect Commerce, Peoplesoft, ESM, and others).
6. KeepStock® (inventory management solutions) at the customer’s workplace
7. Mobile Offering
8. ePro Mobile
2.6 PRODUCT PRICING
Pricing shall be a fixed percentage (%) off catalog/list pricing by Product Category. Please make sure to elaborate your proposal details and structure in the section of CAPABILITES in the questions.
2.6.1 Price Increase Documentation and Price Update Procedure: It should not be a forgone conclusion that Supplier automatically be granted a price increase each year on all items in the System or Market Basket. Supplier must provide a minimum 90-day notice of a price increase with supporting documentation. CHESS will evaluate price increase supporting documents and implement upon mutual acceptance. It is the intent of both parties that the Supplier(s) utilize best practices in Supply Chain Management to minimize cost increases.
2.6.2 Volatile Product Price Increases: For any System or Local Market Basket Item, where such Volatile Product has a significant price increase in excess of 3%, the parties agree to review those prices as frequently as quarterly and to negotiate prices for such Volatile Products individually in good faith between the parties. Increases must be mutually agreed upon by the parties.
2.6.3 Price Decreases: UC accepts price decreases as soon as they are available and can be entered into e-procurement or e-commerce purchasing processes. Notwithstanding anything to the contrary, Supplier(s) shall upload new pricing files within five (5) business days of receipt or as otherwise indicated, such other time to be not less than five (5) business days. UC will receive a new file three times per year.
2.6.4 Special Discounts: At a Participating Entity’s request, Suppliers may offer discounts such as discounts based on large volume, sales growth, single delivery location, etc.
UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California
2.6.5 Manufacture Direct Pricing Agreement: UC may request Supplier(s) to negotiate directly with manufactures for better pricing and or discounts, for the benefit of UC and/or each Participating Entity. Further, UC reserves the right to negotiate directly with manufactures for items purchased. Upon mutual agreement, Supplier may be selected to distribute the Product to UC and/or Participating Entity.
2.6.6 Contractor Participation Contractors and Subcontractors: At the direction of Participating Public Agencies, to other Participating Agency Contractors or subcontractors, contractors shall extend this Agreement’s pricing and category discounts to other UC Contractors and Subcontractors (herein referred to as “Other UC Contractor”) for UC-related spend if Other UC Contractor provides Contractor with valid UC project number/project name and the Product is to be shipped directly to the Participating Entity related to the project. Contractor has the right to verify with UC and the UC Project Number/Project Name. Contractor also has the right to limit or terminate an Other UC Contractor use of this Agreement if the Other UC Contractor fails to timely pay Contractor for Product, fails to establish and maintain adequate credit worthiness or utilizes this Agreement for the benefit of anyone other than the Participating Entity for which the project relates.
a) Other UC Contractors are not required to use Contractor for materials, therefore it is important that Contractor pricing be attractive and act as an incentive to purchase against this Agreement.
b) Other UC Contractors are responsible for payment to Contractor and UC has no liability for OTHER UC Contractor purchases. Contractor shall extend payment options to Other UC Contractor such as Purchase Order or Procurement Credit Cards, or other order placement and payment methods agreed upon by Contractor. c) Contractor shall track Other UC Contractors purchases and report on their purchases by, Other UC Contractor Name, product description, SKU and other spend related information that Contractor has available.
d) Other UC Contractor purchases shall apply to the particular Participating Entity location’s contract purchases for purpose of Supplier Consolidation and Annual Incremental Growth and shall be calculated in contract purchases for the benefit of Participating Entity.
2.6.7 Core Lists:
a) National Core List- Provides for the deepest discounts on a variety of products to agencies nationwide. Pricing on the National Core List shall be provided to all Participating Agencies.
b) Customized Core List- In addition to the National Core List, Offerors MUST provide customized core lists to agencies, structure, implementation, and management.
Custom Core List pricing will be held for a period of one (1) year, evaluation and selection of items will be mutually agreed upon. Supplier(s) will support a Participating Entity, if assistance is needed to create a Customized Core List that brings greatest value.
Grainger confirms a Customized Core List will be jointly developed and mutually agreed upon for a Participating Entity.
2.7 CATALOG ADJUSTMENTS:
2.7.1 Price Updates. As described above in Product Pricing, prices for Core List shall be reviewed and subject to change one per year from 1st January. Third Party Product pricing and pricing for special price promotions shall be reviewed and updated on a quarterly basis (or earlier if mutually agreed). Price decreases shall be implemented on the quarterly review (or such earlier date mutually agreed by the parties). Changes to price file shall be submitted to UC and shall have a maximum period of 30 days to review and approve updates or raise objections.
UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California Objections shall be reviewed on a case by case basis with the balance of price amendments being approved for upload. In the event that UC does not approve or reject any updates within 45 days of the revised file being submitted to UC, then Seller shall be entitled to load the new pricing.
2.7.2 Other Catalog Updates. Seller may provide other updates to the catalog quarterly or as mutually agreed. These updates may include (without limitation) changes to content, the addition of new products, removal of discontinued items, updates to unit of measure, and special promotional offers.
2.8 REBATE ON SALES:
If this pricing option is offered, describe your firm’s ability to provide this service (ex.
Growth incentives, e-commerce incentives, etc.). Further details can be defined in Value Add section of questions.
2.9 ON-LINE CATALOGDISCOUNT PRICING:
Capability to access an on-line catalog reflecting contract pricing of all products is a requirement. Describe your online presence and/or ecommerce capabilities in the CAPABILITIES section of the questions.
2.10 RELATED PRODUCTS AND SERVICES PRICING:
2.10.1 All related services that are provided as Value Add (No charge /Incentives/Benefits), please define in section Value Add of Questions.
Grainger will support CHESS and Participating Entities in achieving additional cost savings and efficiencies over the duration of the Contract by leveraging our years of experience in saving customers time and money. Grainger’s core value proposition is centered on helping customers identify ways to “take costs out of their business,” specifically in the areas of time, space and dollar savings. Provided below is a comprehensive offering of Grainger value-added (no-charge) solutions:
• Safety Solutions
o Training and Assessments
o Safety In-Field Specialist
o Online Solution Center
• Consulting Services
• Technical Support and Training
• EPP Product Training
• KeepStock Inventory Management Services
Any chargeable, non-chargeable and/or third-party services currently offered or added by Grainger to its catalog will be immediately included as part of the current contract offering and no written amendment shall be necessary to include them under the Agreement.
Safety Solutions
Training and Assessments
Grainger’s network of health and safety service providers is committed to providing you with quality, cost-effective on-site and online services. Consisting of a highly trained network of Certified Industrial Hygienists (CIH) and Certified Safety Professionals (CSP), as well as other safety and health professionals—Grainger possesses the expertise and resources to provide training, on-site testing and auditing, and web-based tools designed to aid in your occupational safety and health programs on a national scale.
UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California FALL PROTECTION — FROM HEIGHTS Value Add
Fall Protection Assessment* A plant/site survey is conducted to identify potential fall protection hazards as well as suggest products or programs to minimize risk √ Fall Protection Training (Basic) Specific courses designed to train for safety at heights, equipment inspection, rescue planning and tower climbing. Customized training courses are also available. Training can also be done using a mobile demonstration vehicle which demonstrates arresting forces workers would experience during a fall. √
SAFETY COMMUNICATION Value Add
Safety Paint Assessment Conducts an on-site survey to determine the condition and location of safety markings and recommend the proper safety coatings. √
HAND PROTECTION Value Add
Hand Protection & Glove Program Assessment Evaluates your glove program to determine proper selection and use, and identify cost savings. Samples are provided, allowing users to ensure proper fit and application.
√
EXTENDED STANDING/SITTING Value Add
Ergonomic Matting Assessment Evaluates your facility to recommend anti-fatigue matting to help reduce back and lower leg fatigue for employees who stand while working. Identifies the proper mat for use in areas with oils or chemicals and provides 12" samples to stand on or test against chemicals.
√
FALL PREVENTION — FROM SLIPS & TRIPS Value Add
Slips, Trips & Falls Assessment Provides a pedestrian safety site assessment that takes in customer facility observations and gives back recommended products and solutions to help your facility become safer for employees and guests
√
Floor Coating & Anti-Slip Assessment An evaluation based on application, hazard concerns and safety color-coded paint requirements.
√
LADDERS & SCAFFOLDING SAFETY Value Add
Climbing Pro Ladder Safety Kit Includes training literature and video to help provide training on safe and proper ladder use, how to select the correct ladders for the job and ladder inspection.
Includes a quiz to reinforce learning.
√
FALL PREVENTION — FROM FLOOR AND WALL OPENINGS Value Add Flexiguard™ Engineered Service Custom engineered Flexiguard™ systems create unique fall protection and access solutions that meet the requirements of your specific application. Also includes on-site assembly and user training services.
√
HEARING PROTECTION Value Add
Hearing Protection & Conservation Training Designed to assist your business or institution in becoming compliant with OSHA standard 29 CFR 1910.95. Includes instruction on the importance of proper use of hearing protection devices. √
ELECTRICAL SAFETY Value Add
Arc Flash Awareness Seminar Designed to bring awareness to the NFPA 70E standard.
Additional topics reviewed are methods of assessment, PPE equipment, proper electrical tools, test instruments and labeling of hazards.
√
UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California
Safety In-Field Specialist
Grainger’s safety professionals bring education, experience and expertise to help you address a wide range of questions and issues, save time and improve your safety program. Our people deliver support and expertise to you and your field locations, working with you to understand your goals and align best-in-class solutions that fit your needs. We have the depth and structure to help deploy, support and track your enterprise-wide initiatives. Our teams’ accreditations include:
• Certified Safety Professionals (CSP – as conferred by the Board of Certified Safety Professionals)
• Qualified Safety Sales Professionals (QSSP – as conferred by the International Safety Equipment Association (ISEA))
• OSHA-30 hour and OSHA-10 hour trained sales professionals • Numerous suppliers/manufacturers’ reps training
• HACCP (Hazard Analysis & Critical Control Points) planning and program development
Support to customers from In-Field Safety Specialist
Resources:
• Grainger’s OSHA-30 hour / QSSP certified field resources are strategically positioned locally across the country. Our growing team of Safety Specialists brings practical safety knowledge to CHESS and National IPA facilities and locations. • This field based safety team, provides expertise solving safety business issue challenges, on-site safety assessments, cost-savings proposals, and program standardization strategies.
UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California • Your assigned Safety Specialist will also align the right supplier representatives and additional safety technical resources to meet your facilities selection of appropriate product use and subsequent training.
• Grainger has over 600 Safety Suppliers’ whose representative resources are dedicated to Grainger’s customers in order to help bring additional technical, service, and resources to help you with your Safety programs.
• In the field, on the phone or online, Grainger’s tested team of safety specialists can help you identify, control and prevent workplace safety and health hazards.
Email them at [email protected]
Safety Online Solution Center
Organizations have told us they think about and manage their safety programs in two main categories, how they keep their people safe and healthy, and how they operate safer facilities.
We’ve organized the Grainger safety solutions based on these two themes. Grainger developed our Safety Solution Center for invaluable online resources which are available to our customers 24/7. Our online safety center is brimming with information and resources including the latest safety news, trends and regulatory issues. All are free of charge to help protect your employees and site visitors. Get access to:
• Quick Tips technical resources
• Additional industry articles
• SDS sheets
• OSHA checklists
• Webinars.
A screen shot of Grainger’s online Safety Solutions Center presents some of the resources available to customers 24/7 to help with their safety programs.
UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California Consulting Services
Grainger Consulting Services (GCS) engages with customers to evaluate their MRO Supply Chain. This evaluation employs a strategic framework of identified cost drivers to benchmark and provide ideal and cost effective solutions. This strategic framework of cost drivers focuses on:
• Process: Driving costs out of
the processes can help you
gain a competitive advantage.
GCS helps redesign purchasing
and inventory management
processes to reduce complexity
and cycle time while helping to
improve service levels. We
offer Grainger solutions that
can help streamline the
purchasing process and
automate the inventory
replenishment process to
enhance productivity.
• Inventory: Inventory can be a
critical, expensive component
of a company’s facilities
maintenance operation. GCS provides expertise within inventory management to help optimize inventory levels. We work with resources to understand inventory demand and supply requirements, identify obsolete stock, recommend proper on-hand inventory levels and set effective reorder points for MRO items.
• Supplier / Product: Supplier/product management strategies can greatly impact the ability to drive cost savings and product standardization. GCS helps segment, classify and analyze supplier/product usage to identify opportunities for greater leverage and incremental value.
Supplier management is an area that continues to have opportunities for savings in indirect materials management.
• Technology: The procurement and management of MRO via electronic solutions impacts the business. GCS assists with developing the right strategies and implementation plan to get the most out of your electronic solution. Effectively integrating electronic solutions into the MRO procurement strategies is the key to enable long-term success and cost savings.
Grainger Consulting Services (GCS) analyzes the operations of customers who want to take costs out of running their business. Based on our findings, most customers have the opportunity to take as much as 25% or more out of their costs.
Consulting Engagement: Partnering With a University to Save Time & Money Overview This Northeast Public University sits on nearly 1450 acres with an enrollment of over 28,000 students. It has long struggled with managing its MRO inventory - maintaining proper levels and parts while still providing first class service to its shops and technicians. The University was seeking to establish the most efficient method of maintaining inventory and streamlining its process.
Findings
• On-hand value of MRO inventory was
$2,298,928
• 7254 unique items in inventory
• 74% of inventory is inactive (yearly carrying
cost of $313,000)
• 21% of inventory is slow moving (yearly
carrying cost of $61,000)
• 206 suppliers being utilized
• Top 10 suppliers receive 45% of total MRO spend
• Annual MRO spend of $4.5 million
• Annual MRO procurement and inventory carrying
cost of $640,000
• Primary activity for stock replenishment process
was receipt and order (46% of all activities)
• Primary activity for non-stock procurement
process was shopping (54% of all activities)
Using proven methodologies, Grainger’s Consulting Services evaluate identified cost drivers to assist customers in reducing operational costs
UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California Consulting Engagement: Partnering With a University to Save Time & Money Recommendations
• Identify and remove obsolete inactive inventory. Inactive inventory reduction goal of 35%. Consider moving “slow-moving” inventory to strategic suppliers. Have supplier be responsible for positioning inventory (Just-in-Time strategy).
• Impact: Slow-moving reduction goal of 35%; estimated savings of $131,000 • Continue supplier reduction by partnering even further with Grainger as its primary MRO supplier. The University has agreed to deploy the Grainger Cross Reference team to identify those items in inventory that can be consolidated to Grainger. The University has also agreed to give Grainger the “first look” at unplanned spot-buy MRO requests.
• Impact: Decrease in supplier base; ability to leverage contracts and cost • Consolidate 16 stocking locations to three. Utilize Grainger KeepStock® Inventory Management* to assess the current state of inventory and storage space utilization, and design an optimized Central Store.
• Impact: Reduce square footage from 12,745 to 6500 to help facilitate the management of inventory materials, and improve organization and visibility of stocked parts • Utilize Grainger KeepStock Onsite® service** (20 to 40 hours). • Impact: Potential $50,000 reduction in process cost and $90,000 productivity gain • • Revisit current and or develop new standard operating procedures as they relate to the procurement and management of MRO materials. Communicate effectively and reinforce compliance (e.g., formal issuance requirements).
Technical Support and Training
Technical Support: Grainger provides direct technical support from knowledgeable field personnel and manufacturers' field representatives. In our key supplier programs, manufacturers dedicate field resources to work solely with Grainger's field representatives. In addition, Grainger has an in-house Technical Product Support Department whose members have an average of 28 years of experience to answer your product related questions across all product categories.
Customers have easy access to this service during standard business hours; Approximately 5,800 times a day, 102 technically trained product specialists answer questions regarding the following:
• Product selection
• Application assistance
• Troubleshooting/problem solving
• Installation
• Product specifications (available through an automated "fax-on-demand") • Performance data/wiring diagram
• Government requirements and agency approvals
Technical Training: Grainger will work with our customers to identify products and product categories for which they would like additional training. Grainger will work with our General Catalog manufacturers and suppliers to develop training programs as required to meet your needs. Some examples of programs that we currently use:
DeWalt Power Tools - Customer safety presentation and tape. Hands on demonstration of safe operating practices for power tools. Joint presentation by Grainger Account Manager and DeWalt UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California representative, generally performed at customer location.
GE Lighting Site analysis of requirements - Detailed evaluation of current usage and types of lamps used. Recommendations based upon most energy efficient and cost effective available products. Performed jointly by Grainger Account Manager and GE Sales Representative and performed at customer location.
Proto Tools Hand tool safety seminar and film - Demonstration of correct method of tool usage.
Joint sales presentation by Proto and Grainger representatives. Certificate issued upon completion of class. Generally conducted at customer site locations.
Brady Manufacturing Lock Out/Tag Out Class - Training for correct methods to apply lock out/tag out devices for compliance to OSHA. Film presentation and hands on demonstration of different devices. Joint presentation by Grainger Account Manager and Brady Representative at the customer location. Note: Fee-based seminar.
In-plant Safety Sign and Pipe Marking Survey - This survey consists of taking a plant tour during which the Brady representative notes any areas that they feel additional signage or pipe markers are needed. There is a short meeting after the tour to discuss the findings and to show possible solutions. Performed jointly by Grainger Account Manager and Brady Representative at the customer location.
EPP Product Training
Grainger offers the following training in collaboration with our key supplier partners:
SUPPLIER /
NAME OF SERVICE
NO
CHARGE
BRIEF DESCRIPTION
Cree
Lighting Audit
For customers considering large indoor or outdoor lighting projects, Cree offers lighting audit services. The audit consists of a site walk-thru, fixture count, energy audit, return on investment and payback analysis, utility rebate assistance, applications (photometrics) and future commissioning.
Cree /
SmartCast Wireless
Lighting & Controls
Commissioning
Cree’s SmartCast PoE embeds intelligence to make buildings more efficient and people more productive, while delivering far better light for less energy than ordinary LED lighting systems. Cree will provide onsite resources to support the commissioning of SmartCast enabled fixtures to optimize energy saving benefits.
Cree /
Photometric
Application for
Indoor & Outdoor
Lighting
Cree application Engineering develop a report identifying fixture locations and light levels for the specific application which is critical for outdoor lighting and large indoor applications. Provides point by point lighting calculations on the end user's CAD drawing, resulting in optimized energy savings.
Cree /
Utility Rebate
Assistance
Cree's Rebate Team works directly with Grainger's Mid-Stream Rebate Team and sellers to identify and offer mid-stream rebate opportunities for light fixtures and retrofit kits.
Diversey /
Greenguard
Certification
Minimize contaminants introduced to the air during cleaning and improve indoor air quality.
Greenguard certification identifies the proper products, tools and processes to clean the facility.
Diversey supports certification efforts via on-site setup, training and system auditing.
Diversey /
Floor Care
Productivity Survey
Improve productivity, appearance and reduce waste in your floor care processes. Diversey provides support via a facility survey identifying potential improvements to your current floor care program.
Identifies opportunities to realize potential cost savings in overall labor costs and/or chemical usage costs.
Air Handler Air /
Filtration Audits
Realize opportunities to reduce pressure drop and save energy. This filter audit analyzes air filtration systems and current filter list to generate recommendations that will reduce operating costs.
UC - Maintenance Repair and Operations (MRO) and Related Services RFx
RFP-MRO-UCSystemWide-Jan312018 University of California
SUPPLIER /
NAME OF SERVICE
NO
CHARGE
BRIEF DESCRIPTION
Georgia-Pacific /
Dispenser Refurbish,
Recycle, Reuse (RRR)
Program
Providing an end of life solution for old paper towel and toilet paper dispensers. GP team removes old dispensers and reuses components. Old dispenser components are utilized in manufacturing new products, such as computers and automobile parts. Dispensers are picked up at the end user's location.
Georgia-Pacific /
LEED® Calculator &
LEED® Reporting
For customers interested in earning LEED® credits under the LEED® v4 Operations & Maintenance (O+M) Rating System. Georgia Pacific can generate a report for you illustrating & calculating how GP Pro products can support your efforts. Reports can be downloaded and provided to your LEED auditor.
Georgia-Pacific
/Battery Recycling
Program
Reduce the number of batteries in landfills. Through this service boxes are provided to enable the collection of used batteries in the area of your choice. Boxes are picked up at the facility and new boxes are provided for continued collection and environmental disposition.
GOJO / Dispenser
Disposal & Recovery
GOJO will coordinate the removal, transport, and sustainable disposal of old hand soap and sanitizer dispenser materials when completing a GOJO managed dispenser installation project. This is a great option for large installation/conversion projects and a great way to support sustainability initiatives within your facilities.
GOJO /
Pre-Installation Site
Survey
For large hand soap & sanitizer installation or conversion projects (> 250 dispensers), GOJO will conduct a site walk-thru with material planning and project management. This service addresses challenges related to storage space constraints and reduces materials that must be moved, stored, shipped, or disposed of.
Acuity /
Lighting & Controls -
Audit & Design
For large lighting projects Acuity offers on-site audit of lighting & controls, recommendations, layout & design, ROI analysis, assistance with utility rebates & project management support with installer.
Zing /
Lockout Audit
To ensure compliance of lockout programs Zing offers a site survey conducted by a specialist to audit your current lockout program and provide recommendations.
Rubbermaid /
Innovative Solutions
- Mobile Showroom
Discover more ways to reduce cost, improve productivity and enhance employee safety.
Rubbermaid's mobile showcase vehicle provides an interactive experience and hands-on demonstrations featuring innovative solutions.
Rubbermaid /
Recycling Solutions
Explore solutions designed to support your recycling efforts. Rubbermaid's mobile showcase vehicle presents innovative solutions to help you achieve your recycling goals.
Rubbermaid /
Waste Audits
For those interested in waste-reduction or recycling initiatives Rubbermaid offers on-site audits designed to help educate users on the impact of implementing a recycling system. This service provides an evaluation of current waste stream habits and processes and diversion practices and provides recommendations and assistance in designing a recycling system.
Rubbermaid /
Site Assessments &
ROI Calculators
Rubbermaid representatives share their expertise and recommendations through an on-site assessment with ROI calculators to support recycling, hand hygiene and many other common facility initiatives.
Rubbermaid /
LEED® Certification
Support
For customers pursuing LEED Certification Rubbermaid offers a site visit providing guidance, product recommendation and support with LEED implementation initiatives.
Hubbell / Energy
Audit
Gain insight into opportunities to leverage occupancy sensor technology to reduce energy costs.
Service includes a site audit, occupancy sensor layout recommendations -drawing, detailed bill of materials and a return on investment (ROI) calculator to estimate savings potential and project payback.
KeepStock Inventory Management Services
KeepStock® is Grainger’s portfolio of inventory management solutions that help businesses better understand their inventory and reduce the costs associated with managing it. This portfolio UC - Maintenance Repair and Operations (MRO) and Related Services RFx