DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667COB ATTACHMENT 5 Contract #071619-MSL
Sourcewell?
Solicitation Number: #071619
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and, Musco Sports Lighting LLC, 100 1st Ave West PO Box 808, Oskaloosa IA 52577 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires August 27, 2023, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member's site. 1 Rev. 4/2019
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This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with applicable federal laws and regulations, and with the laws of the state or province in which the Equipment, Products, or Services are sold.
C. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Member.
D. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal.
Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase.
When providing pricing quotes to Members, all pricing quoted must reflect a Member's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member's requested delivery location.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
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Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member.
B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
• Identify the applicable Sourcewell contract number
• Clearly specify the requested change
• Provide sufficient detail to justify the requested change • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. 3 Rev. 4/2019
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5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract. A Member's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member's use of this Contract is at the Member's sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell.
Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor's employees may be required to perform work at government- owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws.
6. MEMBER ORDERING AND PURCHASE ORDERS
A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member.
B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor's Proposal.
C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member's purchase order. 4 Rev. 4/2019
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D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal or state laws or regulations prohibit the purchase or change the Member's requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member.
F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member's purchase order will be determined by the Member making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Member inquiries; and • Business reviews to Sourcewell and Members, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). 5 Rev. 4/2019
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The Report must contain the following fields:
Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address;
• Customer City;
• Customer State;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer Contact Telephone Number;
• Sourcewell Assigned Entity/Member Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above "Attn: Accounts Receivable." Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
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10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, master- servant, principal-agent, or any other relationship.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.
12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. 7 Rev. 4/2019
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If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
14. INTELLECTUAL PROPERTY
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws.
15. PUBLICITY, MARKETING, AND ENDORSEMENT
A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the 8 Rev. 4/2019
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remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue.
Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
Terminate the Contract or any portion thereof, including any orders issued against the Contract.
20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following:
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1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer).
Minimum Limits:
$1,000,000 each accident, combined single limit
Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability.
During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor's professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
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$2,000,000 - annual aggregate
Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data - including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days' prior written notice to the Vendor.
Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsements) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance 11 Rev. 4/2019
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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).
F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell's approval.
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members.
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member.
Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when 12 Rev. 4/2019
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a Member accesses Vendor's Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction 13 Rev. 4/2019
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work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award 14 Rev. 4/2019
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
1. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
24. CANCELLATION
15 Rev. 4/2019
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Contract #071619-MSL
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal.
Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination.
Sourcewell Musco Sports Lighting LLC
- DocuSigned by: - Docusigned by:
By! Jeremy Schwarts James M. Hansen
By: L
Jeremy schwartz James . Tansen
Title: Director of Operations & Title: Secretary
Procuren28Z619° | 8:39 AM CoT
Date: Date: 8/29/2019 | 9:33 AM CDT
Approved:
- DocuSigned by:
By Chad Coauette
sett
Title: Execytive Director/ C50 c
Date:
16 Rev. 4/2019
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667COB RFP #071619 - Sports Lighting with Related Supplies and Services Vendor Details
Company Name: Musco Sports Lighting, LLC
100 1st Ave West
Address: PO Box 808
Oskaloosa, IA 52577
Contact: Amanda Hudnut
Email: [email protected]
Phone: 800-825-6030
Fax: 641-672-1996
HST#: 42-1511754
Submission Details
Created On: Thursday May 30, 2019 11:07:29
Submitted On: Friday July 12, 2019 13:23:35
Submitted By: Jim Hansen
Email: [email protected]
Transaction #: 62e6e5f5-5e56-45ba-b461-305cf2583830
Submitter's IP Address: 216.248.100.66
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Specifications
Proposer Identity & Authorized Representatives
Line
Question Response *
Item
Proposer Legal Name (and applicable Musco Sports Lighting, LLC d/b/a, if any):
2 Proposer Address: 100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Proposer website address:
4 Proposer's Authorized Representative James M. Hansen
(name, title, address, email address & Secretary
phone) (The representative must Musco Sports Lighting, LLC have authority to sign the "Proposer's 100 1st Ave West Assurance of Compliance" on behalf PO Box 808
of the Proposer): Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
5 Proposer's primary contact for this Amanda Hudnut
proposal (name, title, address, email Funding Resource Specialist address & phone): Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
6 Proposer's other contacts for this Ryan Tighe
proposal, if any (name, title, address, Lead Development Manager email address & phone): Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA: 52577
Phone: 800-825-6030
Email: [email protected]
Company Information and Financial Strength
Line
Question Response *
Item
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667COB Provide a brief history of your company, including Since 1976, Musco Sports Lighting, LLC (Musco/Musco Sports Lighting) has been providing your company's core values, business philosophy sports lighting systems. Musco's mission has been to provide sports field and large area and industry longevity related to the requested lighting solutions for public and private entities throughout the United States of America and equipment, products or services.
Musco has been the industry leader in developing an industry leading lighting system that provides high quality on field performance and environmental sensitivity to the surrounding ea. Energy efficiency, spill and glare control, and field management solutions have beel ur staple for success in the industr
Throughout the history of Musco, we have had the pleasure of being the recipient of an Academy Award®, Emmy® Award and the Paul Waterbury Award for Excellence for Outdoor Lighting. Musco has also developed partnerships with Little League International and the United States Soccer Foundation, to name a couple.
Musco has offices and manufacturing facilities in Oskaloosa, IA and Muscatine, IA. We have a workforce of approximately 1,000 Team Members located in these facilities and regional sales offices conveniently located around the United States of America (AZ, CA, CO, FL, IL, IN, MN, NJ, NG, OH, TX & VA). In addition, we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, South Korea and multiple sales offices globally.
At Musco, we ensure that every member of our Lighting Services team is a sports lighting expert so you don't have to be. With more than 40 years as the sports-lighting industr leader, our Team Members will bring our vast experience to your fields. Regionally based for (guick yong. they specialize in routine maintenance, repairs, and analysis of any sports- DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667COB Provide a detailed description of the products Light-Structure System™ with Total Light Control - TLC for LED® is for new outdoor lighting and services that you are offering in your applications. It is engineered as 5 Easy Pieces™ designed to customer's needs utilizing our proposal. Light-Structure System™ Lights, structures, and electrical components are engineered to work together. This assures the designed lighting gets in place and stays there over the life of the system, while also maintaining and protecting the operation environment so the components continue to function. We've included features like easy to reach remote drivers, integrated grounding, and surge protection to ensure the longevity of the lighting system. This system includes our Control-Link® Control System and is covered by Musco's Constant 25™ Product Assurance & Warranty Program.
SportsCluster® System with Total Light Control - TLC for LED® or Total Light Control - TLC for LED® Retrofit System is for outdoor and indoor applications. It is a modular photometric unit, factory aimed and tested, to perform from a customer's existing structures, making an easy retrofit lighting solution. This system includes our Control-Link® Control System and is covered by Musco's Constant 10™ Product Assurance & Warranty Program, contingent upon Musco's inspection and approval of existing structure and electrical wiring.
Control-Link® Control System is for new and existing facilities. Control-Link® is a reliable, cost effective system that helps control, monitor, and manage your new or existing recreation facility lighting or any other electrically operated equipment. The Control-Link® System includes our exclusive Control-Link Central™ team, staffed 24/7 to assist you with your scheduling and reporting needs. Our system can save you time, hassle, energy, and staff costs. Control-Link® makes your job easier and provides ongoing savings for your operating budget. Through the use of Musco's Control-Link® system we have ability to remotely monitor the lighting system. The system monitors the amperage of each individual pole at a specified facility. This gives Musco the ability to know when an issue occurs Installations services are available on a per project basis dependent upon Musco's compliance with state and local licensing requirements. Labor and materials for the complete installation, including foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinets) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index.
Musco Sports Lighting has over 130 Team Members dedicated to operating and maintaining customer lighting around the USA. Regionally based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports-lighting systems. Our Control-Link Central™ is staffed 24/7 with trained operators whom provide scheduling and report assistance, along with one-on-one phone training. Proactive nightly testing is done to assure customers control systems are operating properly and field operations are constantly monitored Along with our Lighting Services and Control-Link Central™ teams, we have a fully staffed group of internal experts: Sales Representatives, Service Representatives, Parts Representatives, Project Coordinators, Project Planning Specialist, Schedulers, and Engineers.
They will ensure your project flows smoothly and you get the results you expect.
What are your company's expectations in the Musco became an awarded Sourcewell vendor in 2014. Using this tool in our sales toolbox, event of an award? we have seen the yearly Sourcewell sales significantly increase in a short 4 year period of time. We look forward to continuing to educate eligible members and our Musco Team Members on the benefits of Sourcewell.
10 Demonstrate your financial strength and stability Please see uploaded letters from Wells Fargo Bank, N.A. & Travelers Casualty and Surety with meaningful data. This could include such Company of America. Also included is a copy of our current insurance certificate. items as financial statements, SEC filings, credit
and bond ratings, letters of credit, and detailed
reference letters. Upload supporting documents
(as applicable) in the document upload section of
your response
11 What is your US market share for the solutions Currently, Musco's sports lighting systems & solutions make up approximately 80% of the US that you are proposing? market share.
12 What is your Canadian market share, it any? Irrently, Musco's sports lighting systems & solutions make up approximately 50% of t nadian market sha
13 as your business ever petitioned for bankrupt lusco Sports Lighting, LLC has not been the subject to any voluntary or involunt rotection? If so, explain in deta nkruptcy, insolvency or receivership proceedi DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667COB 14 How is your organization best described is it a Musco Sports Lighting is a manufacturer of sports lighting and large area lighting systems. manufacturer, a distributor/dealer/reseller, or a Musco has a sales force of over 80 dedicated Sales Team Members throughout the United service provider? Answer whichever question States & Canada. Musco has sales offices conveniently located around the United States of either a) or b) just below best applies to your America (AZ, CA, CO, FL, IL, IN, MN, NJ, NC, OH, TX & VA). These team members are organization. employed by Musco.
a) If your company is best described as a
distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer of
the products proposed in this RFP. If applicable,
is your dealer network independent or company
owned?
b): If your company is best described as a
manufacturer or service provider, describe your
relationship with your sales and service force and
with your dealer network in delivering the
products and services proposed in this RFP. Are
these individuals your employees, or the
employees of a third party?
15 If applicable, provide a detailed explanation Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the outlining the licenses and certifications that are District of Columbia and Canada and complies with applicable federal, state, local, and both required to be held, and actually held, by industry laws for each purchasing customer. In Canada, Musco sells under our Canadian your organization (including third parties and company, Musco Sports Lighting Canada Co. Please reference the uploaded Musco subcontractors that you use) in pursuit of the Contractor License information. business contemplated by this RFP.
all subcontractors whom work with us.
Musco Sports Lighting, LLC has UL Product Certifications for:
High-Intensity Discharge Surface-Mounted Luminaires: UL Number E33316 Management Equipment, Energy: UL Number E139944
Industrial Control Panels: UL Number E204954
Emergency Lighting and Power Equipment: UL Number E311491 Luminaire Fittings: UL Number E132445
Luminaire Poles in Excess of 12 ft (3.7m): UL Number E325078 Devices, Scaffolding: UL Number SA7004
Lightning Conductors, Air Terminals, and Fittings: UL Number E337467 Light-Emitting-Diode Surface-Mounted Luminaires: UL Number E338094 Luminaries have been reviewed by UL to UL and CSA standards.
Provide all "Suspension or Disbarment Musco Sports Lighting, LLC has not been the subject of any suspensions or disbarments. formation that has applied to your organizatio
during the past ten years.
17 Within this RFP category there may be The scope of work of the RFP covers Musco products and services. Musco has no additional subcategories of solutions. List subcategory titles subcategories to suggest. that best describe your products and services.
Below is a list of keywords that best describe Musco's product and services.
Sports Lighting, lighting, Musco, Musco Lighting, LED, lamp, LED lighting, fixtures, light fixtures, flood lights, flood light, light poles, field lighting, football lighting, soccer lighting baseball lighting, softball lighting, tennis lighting, basketball lighting, arena lighting, parking lighting, transportation lighting, infrastructure lighting DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667COB Industry Recognition & Marketplace Success
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Question Response*
Item
18 Describe any relevant industry awards or During Musco's 43 years in the sports lighting industry, Musco & our Team Members have recognition that your company has received in received quite a few awards and recognitions. Below is a listing of several recent awards & the past five years recognitions along with our more notable ones from years past.
NIAAA Distinguished Service to Athletic Administration (Dina Neeley, NC) from the North Carolina Athletic Directors Association (2018)
David Lose Partnership Award (Curt Mickey, KY) from the Kentucky Recreation and Park Society (2018)
1st Prize of Lighting Design from the China Lighting Awards for China Tennis Center Diamond Court (2017)
2nd Prize Lighting Design from the China Lighting Awards for Xinjiang Hongshan Basketball Arena (2017)
The Excellence Award from the China Lighting Awards for Shanton University Sports Park (2017)
Award for Merit from the IES® for the lighting design at the University of Arizona McKale Center (2015)
Excellent Performer Award from DP World 2014)
Sports Emmy® Award from the ten Academy of Television Arts & Sciences for lighting ESPN's telecast of the Winter X-Games (2012)
Paul Waterbury Award of Excellence for Outdoor lighting from the IES™ for the innovative lighting design at Charlotte Motor Speedway 1993)
Scientific and Engineering Award from the Academy of Motion Picture Arts and Services® (1985)
Emmy® Award from the Academy of Television Arts & Sciences® for lighting NCAA football telecasts (1982)
19 What percentage of your sales are to the Approximately 44% of Musco's current national sales are to government sector. governmental sector in the past three years
20 What percentage of your sales are to the Approximately 46% of Musco's current national sales are to education sector education sector in the past three years
21 List any state or cooperative purchasing Musco is an awarded vendor on several national and regional cooperative purchasing contracts that you hold. What is the annual contracts. Please see the uploaded document titled "Musco Cooperative Information" for a sales volume for each of these contracts over summary of the cooperatives and approximate sales for 2016, 2017 and 2018. the past three years?
22 List any GSA contracts that you hold. What is Musco Sports Lighting, LLC currently does not hold any GSA contracts. the annual sales volume for each of these
contracts over the past three years?
References/Testimonials
Line Item 23.
Entity Name* Contact Name * Phone Number*
City of Asheville Pete Wall Phone 828-259-5815
Asheville, NC Program Manager - Parks & Recreation Email [email protected] Buffalo State SUNY Michael Bonfante Phone 716-570-4034
Buffalo, NY Assistant Design & Construction Coordinator. Facilities Office Email [email protected] City of Chesapeake like Barbe hone 757-382-641
Chesapeake, VA irector - Parks, Recreation and Tourisi mail [email protected] Denver Public School: Josh Griesbach Phone 720-423-1913 Denver, Cl Facility Planner Email [email protected] University of Nebraska Lincoln Amy Lanham Phone 402-472-948 Lincoln, NE Senior Associate Director Campus Recreation Email [email protected] DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667COB Top Five Government, Education or Non-profit Customers
Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the projects), size of transactions), and dollar volumes from the past three years.
State / Dollar Volume Past Three
Entity Name Entity Type * Scope of Work* Size of Transactions* Province* Years*
Local Government California - CA Materials only Approximately $2.8M/project Approximately $8.5M Government
K-12 Public Education Texas - TX Materials only Approximately $1.3M/project Approximately $6.6M Education
Local Government Virginia - VA GC Turnkey Approximately $276K/project Approximately $5.7M Government
Local Government Nevada - NV Materials Only Approximately $600K/project Approximately $5.4M Government
Local Government North Carolina - GC Turnkey • Approximately $596K/project Approximately $5.3M Government NC
Ability to Sell and Deliver Service to Sourcewell Members Describe your company's capability to meet the needs of Sourcewell Members across the US, and Canada if applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line
Question Response *
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25 Sales force. Musco has offices and manufacturing facilities in Oskaloosa, IA and Muscatine, IA. We have a workforce of approximately 1,000 Team Members located in these facilities and regional sales offices conveniently located around the United States of America (AZ, CA, CO, FL, IL, IN, MN, NJ, NC, OH, TX & VA). In addition, we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, South Korea and multiple sales offices globally. Musco has a sales force of over 80 dedicated Sales Team Members throughout the United States & Canada. These team members are employed by Musco.
26 Dealer network or other distribution methods. Musco Sports Lighting has no agents or dealers authorized to represent the company. Musco's custom designed, engineered to order lighting systems must be purchased directly from the company.
27 Service force. Musco Sports Lighting has over 130 Team Members dedicated to operating and maintaining customer lighting around the USA. Regionally based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports-lighting systems. Our Control-Link Central™ is staffed 24/7 with trained operators whom provide scheduling and report assistance, along with one-on-one phone training. Proactive nightly testing is done to assure customers control systems are operating properly and field operations are constantly monitored. 28 Describe in detail the process and procedure Musco Sports Lighting has over 130 Team Members dedicated to operating and maintaining of your customer service program, if customer lighting around the USA. Regionally based service technicians are available for quick applicable, Include your response-time responses. These Team Members are factory-trained and specialize in routine maintenance, capabilities and commitments, as well as any repairs, and analysis of sports-lighting systems. Our Control-Link Central™ is staffed 24/7 with incentives that help your providers meet your trained operators whom provide scheduling and report assistance, along with one-on-one phone stated service goals or promises. training. Proactive nightly testing is done to assure customers control systems are operating properly and field operations are constantly monitored. 29 Identify any geographic areas that you will NOT Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the be fully serving through the proposed contract. District of Columbia and Canada. Musco will be able to fully serve all geographic areas hrough the proposed contract. In Canada, Musco sells under our Canadian company, Musc ports Liahtina Canada Co
30 Identify any Sourcewell Member sectors (.e., Musco Sports Lighting will be able to fully serve all Sourcewell Members through the proposed government, education, not-for-profit) that you contract. will NOT be fully serving through the proposed
contract. Explain in detail. For example, does
your company have only a regional presence,
or do other cooperative purchasing contracts
limit your ability to promote another contract?
31 Define any specific contract requirements or Musco has no specific requirements or restrictions which apply to Sourcewell Members located restrictions that would apply to our Members in outside the continental USA.
Hawaii and Alaska and in US Territories.
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667COB Marketing Plan
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32 Describe your marketing strategy for Musco has several brochures available to market our product to Sourcewell members. A sampling of promoting this contract opportunity. what we can supply is listed below and attached.
Upload representative samples of your World Class Leaders brochure marketing materials (if applicable) in the Always Ready to Play brochure document upload section of your Light-Structure System™ with Total Lighting Control - TLC for LED® brochure response. Retrofit Lighting Solutions TLC for LED® brochure Large Area Lighting brochure
Indoor Sports Lighting Solutions brochure
Control-Link® Control System brochure
Musco Sports Lighting markets our products through tradeshows, conventions, direct mail and advertising. Musco does targeted, personalized marketing promotions to specific customer groups and would be able to provide information on Sourcewell as appropriate in those promotions. Our National Sales Team would promote Sourcewell by informing qualified customers of this available resource for their use in purchasing their sports lighting system.
33 Describe your use of technology and Musco regularly provides updates about our team, product, services and projects via our website digital data (e.g., social media, metadata (www.musco.com) & social media accounts (Twitter, Facebook & Linkedin). In addition to the usage) to enhance marketing company ran social media accounts, our sales representatives each have a Twitter account that they effectiveness. post updates to on a regular basis.
34 In your view, what is Sourcewell's role in Musco would anticipate that Sourcewell promotes Musco products and services to their Members promoting contracts arising out of this through their website, social media, tradeshows and publications. Musco became an awarded RFP? How will you integrate a Sourcewell- Sourcewell vendor in 2014. Using this tool in our sales toolbox, we have seen the yearly Sourcewell awarded contract into your sales process? sales significantly increase in a short 4 year period of time. We look forward to continuing to educate eligible members and our Musco Team Members on the benefits of Sourcewell. 35 Are your products or services available Due to Musco's custom designed, engineered to order lighting systems, our products and services through an e-procurement ordering are not available through any e-procurement ordering process. process? If so, describe your e-
procurement system and how
governmental and educational customers
have used it.
Value-Added Attributes
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Item
36 Describe any product, equipment, Musco includes training with the purchase of our products. Our Control-Link Central™ is staffed 24/7 maintenance, or operator training with trained operators whom provide scheduling and report assistance, along with one-on-one phone programs that you offer to Sourcewell training.
Members. Include details, such as
whether training is standard or
optional, who provides training, and
any costs that apply.
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B 37 Describe any technological advances At Musco, our approach is more than just selling and installing poles and fixtures. We are in the that your proposed products or business of selling the right amount light, on and off the facility, for the least amount of cost over the services offer. life of the warranty. We work closely with the owner and their consultants to gain a full understanding of the facility, its use and surroundings.
Musco's Light-Structure System™ has delivered long-term performance for thousands of customers around the world. Lights, structures, and electrical components are engineered to work together. This assures the designed lighting gets in the place and stays there over the life of the system, while also maintaining and protecting the operating environment so the components continue to function. We have included features like easy to reach remote drivers, integrated grounding, and surge protection to ensure the longevity of the LED's sensitive electronic components.
For nearly a decade, the Musco Team has been testing the LED light source and applying it on projects where it was the best choice. We have researched LED's distinctive challenges and advantages and applied our knowledge of light control to the unique characteristics of the diode, assuring the quality of lighting for which Musco is known. We have paired our expertise in controlling light with the advancing output of LED to the point that we are confident it's a cost-effective option to consider for recreational facilities. Musco creates controlled light, not floodlights.
LED brings many benefits and new opportunities, but it's a tool, not a solution. Controlling LED's intense, "rifle shot" of light is challenging. But with Total Light Control - TLC for LED®, we are able to achieve things never before possible - from pinpoint precision, to instant on/off, to varying light levels for different needs and sport presentation theatrics (choreographed light & music shows).
The key issue in sports lighting haven't changed: generating light, projecting it onto the target, keeping it out of the neighborhood and night sky, and creating an operating environment that allows it to last in real world conditions. Musco is able to carve out the area to be lighted and dramatically cut off any impact on the surrounding area. We use more of the light produced by the fixture, lose less light, and don't abuse the neighborhood.
With cities and recreational needs growing faster than ever, it's critical to maximize the available resources and make solid decisions about managing and expanding facilities. The Control-Link® System is a reliable, cost-effective control system that helps control, monitor, and manage recreation facility lighting. It can control existing lighting systems and other electrically-operated equipment.
Whether for new lighting systems or to upgrade existing lights, the Control-Link® system includes our Control-Link Central™ team, the on-site Control-Link® equipment, and an industry-leading warranty.
Our exclusive Control-Link Central™ team is staffed 24/7 to assist with your scheduling and reporting needs.
Musco's Light-Structure System ™ with Total Light Control - TLC for LED® is backed by an industry- leading 25 year warranty. Musco's Constant 25™ Product Assurance & Warranty program covers all materials and labor to maintain operation of its lighting system to original design criteria for 25 years. 38 Describe any "green" initiatives that Musco is committed to excellence and leadership in the protection of the environment, and the relate to your company or to your implementation of sustainable guidelines. We minimize the emissions to air, water, and land through products or services, and include a programs to reduce pollution at its source and will conserve energy through the use of energy efficient list of the certifying agency for each. lighting systems.
Product:
Musco's Green Generation Lighting® (HID) and TLC for LED® technology are 30 to 80 percent more energy efficient than traditional lighting equipment.
Customized optics direct light onto the desired surface, reducing wasted light into the surrounding area.
Control-Link® system provides remote on/off control, allowing customers to schedule our light systems to help maximize energy efficiency.
Eases pollution by eliminating or reducing the use of hazardous substances and reducing greenhouse gas emissions.
Manufacturing:
On-site waste management includes recycling manufacturing scrap materials, wooden skids, paper manufacturing e spot maintenance and complete system lamping provided by Musco, all HID lamps are recycled to salvage both the mercury and glass.
Reuse water during the manufacturing process and conserve water when possible.
Office:
Electronic components that are not re-usable due to equipment failure or are below minimum requirements are recycled through and E-Waste Facility.
Use geothermal heating and air conditioning to minimize energy consumption.
Our facilities have automatic toilets and faucets to minimize water usage.
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B 39 identify any third-party issued eco- Musco currently does not hold any third-party issued eco-labels, ratings or certifications for our labels, ratings or certifications that products. With sports lighting being a small piece of the U.S.A. lighting marketplace, categories just your company has received for the don't exist for this type of product. Musco has been the industry leader in developing an industry equipment or products included in leading lighting system that provides high quality on field performance and environmental sensitivity to your Proposal related to energy the surrounding area. Energy efficiency, spill and glare control, and field management solutions have efficiency or conservation, life-cycle been our staple for success in the industry. design (cradle-to-cradle), or other
green/sustainability factors.
40 Describe any Women or Minority Musco Sports Lighting, LLC is not a Women or Minority Business Entity (WMBE), Small Business Entity Business Entity (WMBE), Small (SBE), or veteran owned business.
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners have
obtained. Upload documentation of
certification (as applicable) in the
document upload section of your
response.
41 What unique attributes does your Musco Sports Lighting provides a custom designed, engineered to order lighting systems, from company, your products, or your foundation to pole top that operates as a complete system. The lighting system comes with our services offer to Sourcewell Constant 25™ or Constant 10™ Product Assurance & Warranty Program. Musco's Constant 25™ or Members? What makes your Constant 10™not only covers your product for 25 or 10 years, it guarantees that your light levels will proposed solutions unique in your not drop below the designed performance for the warranty period. Musco also includes our Control- industry as it applies to Sourcewell Link® system that provides the customer assurance their system will be maintained by Musco for the members? warrantied period.
it Musco, our approach is more than just selling and installing poles and fixtures. We are in th usiness of selling the riaht amount liaht, on and off the facility for the least amount of cost over th life of the warranty. We work closely with the owner and their consultants to gain a full understanding of the facility, its use and surroundings.
42 Identify your ability and willingness to Musco Sports Lighting, LLC has the ability and willingness to provide our products and services to provide your products and services Sourcewell Member agencies in Canada. In Canada, Musco sells under our Canadian company, Musco to Sourcewell member agencies in Sports Lighting Canada C Canada.
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
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43 Do your warranties cover all products, parts, and labor? Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of its lighting system to original design criteria for 25 or 10 years. Musco products and services are guaranteed to perform for the customer as detailed in the Musco Constant 25™ or Musco Constant 10™ documents. Under the Musco Constant 25 ™ or Musco Constant 10™ Product Assurance & Warranty Program, Musco pays any upfront cost for shipping cost, installation cost, any associated rental equipment cost & disposal cost for the replaced equipment.
44 Do your warranties impose usage restrictions or other With Musco's TLC for LED®, there is no hour usage restriction for our Musco limitations that adversely affect coverage? Constant 25™M or Musco Constant 10™ Product Assurance & Warranty Program but we do ask for expected usage hours to meet design criteria of the project. 45 Do your warranties cover the expense of technicians' Yes, the Musco Constant 25™M and Musco Constant 10™ Product Assurance & travel time and mileage to perform warranty repairs? Warranty Program covers the technicians travel time and mileage to perform any warranty repairs.
46 Are there any geographic regions of the United States Musco will be able to cover all geographic regions of the United States & Canada (and Canada, if applicable) for which you cannot with our Lighting Services Team that is comprised of trained technical employees provide a certified technician to perform warranty specializing in sports lighting that provide field maintenance, warranty work, consulting repairs? How will Sourcewell Members in these regions and temporary lighting. They are regionally based to effectively provide service in every state & Canada, Musco also has a network of contractors located throughout the United States and Canada that we utilize to install and maintain our lighting systems per Musco Constant 25™ and Musco Constant 10™ documents 47 Will you cover warranty service for items made by Yes, items included in the scope of the Musco sports lighting design, Musco will other manufacturers that are part of your proposal, or cover warranty service for those items. are these warranties issues typically passed on to the
original equipment manufacturer?
48 What are your proposed exchange and return programs Due to Musco's custom designed, engineered to order lighting systems, therefore and policies? does not require an exchange and return program. Any defective on arrival product or repairs are covered by the Musco Constant 25™ and Musco Constant 10™M Product Assurance & Warranty Program.
49 Describe any service contract options for the items Musco Sports Lighting, LLC will provide all materials and labor to maintain operation included in your proposal. of its lighting system to original design criteria for 25 or 10 years. Musco products and services are guaranteed to perform for the customer as detailed in the Musco Constant 25 ™ or Musco Constant 10™M documents.
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667COB Payment Terms and Financing Options
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Question Response *
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50 What are your payment terms (e.g., net 10, net 30)? Musco's payment terms are Net 30. A service charge of 1 ½% per month (annual percentage rate of 18%) Will be charged on all invoices 30 days past due.
51 Do you provide leasing or financing options, especially those Musco Finance™ was established in 2006, it provides competitive financing options that schools and governmental entities may need to use solutions that enable customers to realize the benefits of Musco products in order to make certain acquisitions? and services. Hundreds of customers have used these solutions to complete their lighting projects. Musco Finance™ has provided budget-accommodating financing for governmental, commercial, and not-for-profit entities throughout the United States of America.
The municipal lease-purchase program, offered by Musco Finance™ provides the funding opportunity many public entities need for facility improvements such as sports lighting. The program provides a flexible, cost- effective means of funding essential renovations and, in many areas, may eliminate much of the time and expense associated with selling bonds for a project. A known set expense can be budgeted annually; freeing entities from budget uncertainties and lowering cash flow impact. 52 Briefly describe your proposed order process. Include enough Establish the value & price for the lighting solution with which the detail to support your ability to report quarterly sales to customer is comfortable.
Sourcewell as described in the Contract template. For example, Present information about Sourcewell as a means by which they can indicate whether your dealer network is included in your purchase what they want at a beneficial price without having to go through response and whether each dealer (or some other entity) will the public bid process. process the Sourcewell Members' purchase orders Educate the customer about Sourcewell benefits and the ease of using this cooperative purchasing agreement.
Provide the customer with the link to become a Sourcewell Member, if not already.
Provide quote reflecting the Sourcewell contract number and award expiration date to customer.
Receive PO from customer reflecting that the purchase was utilizing the Sourcewell contract (contract number stated on PO).
On a quarterly basis, pull report of Sourcewell purchases, submit & remit payment to Sourcewell. To be submitted using the reporting template 53 Do you accept the P-card procurement and payment process? If Musco Sports Lighting currently does not accept P-card procurement cards. so, is there any additional cost to Sourcewell Members for using this process?
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
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Question Response*
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54 Describe your pricing model (e.g., line-item discounts or product- Musco Sports Lighting provides a custom designed, engineered to order category discounts). Provide detailed pricing data (including lighting system, pricing is based per the RFP. This price list should not be standard or list pricing and the Sourcewell discounted price) on considered complete and exhaustive due to the nature of each project all of the items that you want Sourcewell to consider as part of being a unique, custom design build situation. Extreme spill and glare your RFP response. If applicable, provide a SKU for each item in concerns, pole locations, and wind zone variance may affect price. RFP your proposal. Upload your pricing materials (if applicable) in the quoted pricing is for the most common field designs based on structural document upload section of your response. code and utilizing IBC 2012, 115 mph, Exposure C.
Installations services are available on a per project basis dependent upon Musco's compliance with state and local licensing requirements. Labor and materials for the complete installation, including foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinets) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index.
55 Quantify the pricing discount represented by the pricing proposal The percentage discount from list prices offered under this RFP is 5%. in this response. For example, if the pricing in your response The attached price list already takes into account the 5% discount. represents a percentage discount from MSRP or list, state the percentage or percentage range.
56 Describe any quantity or volume discounts or rebate programs As Musco is a custom designed, engineered to order lighting system, there that you offer. is no quantity or volume discounts available. 57 Propose a method of facilitating "sourced" products or related Musco will work with the Sourcewell member with the regard to pricing and services, which may be referred to as "open market" items delivery of any open market and/or non-standard options which would be or "nonstandard options". For example, you may supply such desired, agree upon desired outcome, reflect this in the customer quote for items "at cost" or "at cost plus a percentage," or you may supply customer use in issuing a purchase order. a quote for each such request.
58 Identify any element of the total cost of acquisition that is NOT As Musco is a custom designed, engineered to order lighting system, included in the pricing submitted with your response. This includes pricing is based per the RFP. The pricing can also include equipment all additional charges associated with a purchase that are not installation. Labor and materials for the complete installation include, directly identified as freight or shipping charges. For example, list foundations, pole erection, trenching, backfill, conduit, wire, electrical costs for items like pre-delivery inspection, installation, set up, distribution and service cabinets) and site restoration shall utilize the mandatory training, or initial inspection. Identify any parties that current RS Means pricing, coefficient and must also include the appropriate impose such costs and their relationship to the Proposer. City Cost Index. If the construction project requires, Musco offers pre- shipment of the precast concrete bases. The additional cost for the pre- shipment of the precast concrete bases will vary depending on the location of the lighting project.
59 If freight, delivery, or shipping is an additional cost to the Musco's pricing includes delivery within the State of Minnesota to the job Sourcewell Member, describe in detail the complete freight, site and are for lighting systems materials only. Additional freight cost may shipping, and delivery program. be incurred outside the State of Minnesota. 60 Specifically describe freight, shipping, and delivery terms or Musco has no specific requirements in regards to Alaska, Hawaii, Canada, programs available for Alaska, Hawaii, Canada, or any offshore or any offshore delivery. delivery.
61 Describe any unique distribution and/or delivery methods or Musco Sports Lighting offers custom designed, engineered to order lighting options offered in your proposal. systems. Products are directly purchased from the company as we have no agents or authorized dealers. When you purchase a complete lighting system from Musco, it is delivered from our dedicated transportation company with Musco Lighting signage on the trucks
Pricing Offered
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The Pricing Offered in this Proposal is:* Comments
Item
62 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B Audit and Administrative Fee
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Question Response *
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63 Specifically describe any self-audit process or program that you plan to A self-audit process is in place specifically intended to verify employ to verify compliance with your proposed Contract with Sourcewell. compliance of cooperative purchasing contracts.
This process includes ensuring that Sourcewell Members obtain the proper Sales Administrator pulls quarterly contract sales report for the pricing, that the Vendor reports all sales under the Contract each quarter, cooperative purchasing contract and its associated fee for that time and that the Vendor remits the proper administrative fee to Sourcewell. period.
Each contract project PO is checked and validated that it is an awarded contract purchase
Project awarded contract fee is validated as correct
When validation complete, report sent to cooperative
purchasing organization
As a checks & balance process, Funding Resource Specialist pulls a Method of Purchase by type report on a quarterly basis and a comparison is done with quarterly contract sales reports to ensure totals for an awarded contract matches on both reports Invoice documents for projects of a contract member are available for review upon request
64 dentify a proposed administrative fee that you will pay to Sourcewell for Musco Sports Lighting, LLC proposes a 2% administrative fee facilitating, managing, and promoting the Sourcewell Contract in the event calculated as a percentage of the customer contract sales price. that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee, it is not a line-item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.)
Industry Specific Questions
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Question Response*
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65 Describe the average life span of your sports In 2005, Musco started our Musco Constant 25™M or Musco Constant 10™m Product Assurance lighting systems? & Warranty Programs (coverage depends on the lighting system and the original design criteria). Musco has several lighting systems that are over 35 years old that are still in operation today.
66 Describe your process for evaluating on field Musco measures both on field & off site glare by looking at luminous intensity (candela) at and off site glare for your sports lighting various locations. This evaluation is done during the design state of the project. products?
On field - Musco's goal is to have no more than 500 candela at the home plate location while looking at the outfield poles. Similarly, our outfield positions will have no more than 500 candela while looking at the infield poles.
Off site - Musco strives to achieve candela equal to or less than 7,000 candela at 150' perimeter around the field. Candela is measured at 5' above grade at 150' perimeter. 67 How many LED sports lighting fixtures, within Musco Sports Lighting has been developing LED lighting solutions since 2008. Musco's first approx. 1,000 fixtures, do you currently have LED sports application was installed on a soccer field in 2010. Since that time, Musco has installed in the marketplace? installed hundreds of thousands of LED sports lighting fixtures. This is more than any other sports lighting manufacturer in the marketplace.
68 Are there any additional or on-going fees in With Musco's Control-Link®System, there are no additional or on-going fees (including cellular regards to the operation of your lighting and/or data charges) in regards to the control, monitoring, remote connectivity and alerts of control system? your sports lighting system during the warrantied period (25 or 10 years) 69 if you are awarded a contract, provide a few
examed to of eternal malice that ail having
success with the contract.
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667COB Exceptions to Terms, Conditions, or Specifications Form Line Item 67. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below.
The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail.
Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.
Contract Section Term, Condition, or Specification Exception or Proposed Modification Documents
Ensure your submission documents) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded locuments) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell
3. Sourcewell may reject any response where any documents) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • Financial Strength and Stability - Financial.zip - Tuesday July 09, 2019 14:14:13 • Marketing Plan/Samples - Marketing Plan.zip - Tuesday July 09, 2019 08:09:48 • WMBE/MBE/SBE or Related Certificates (optional)
• Warranty Information - Warranty.zip - Tuesday July 09, 2019 08:09:56 • Pricing - Musco Sports Lighting Sourcewell RFP #071619 Pricing.pdf - Friday July 12, 2019 08:38:03 • Additional Document - Company & Product Information.zip - Tuesday July 09, 2019 10:03:41 DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667COB Proposers Assurance of Comp
PROPOSER ASSURANCE OF COMPLIANCE
PROPOSER'S AFFIDAVIT
The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge.
1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell member agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally
3. The contents of the Proposer's proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or agent of the Proposer and will not be communicated to any such persons prior to the official opening of the proposals.
7. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted and included with the Proposer's Proposal.
5. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation.
6. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.
7. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
8. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation.
Fr By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - James Hansen, Secretary
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. • Yes = No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
File Name below addendum and Pages
attachments (if
applicable)
There have not been any addenda issued for this bid.
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667COB