Attachment 1 Region 14 Education Service Center Contract No 152611 — Thousand Oaks City Council, July 8, 2025

Region 14 Educational Service Agency (ESC)
Contract 152611
for
Comprehensive Operational and Janitorial Services
with
Network Services Company dba Network Distribution
Effective: June 1, 2024
ATTACHMENT #1
The following documents comprise the executed contract between Region 14 Educational Service Agency (ESC) and Network Services Company, dba Network Distribution, effective June 1, 2024:

I. Signed Offer and Acceptance
II. Supplier’s Response to the RFP, incorporated by reference

Region XIV Education Service Center
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659

May 21, 2024

Martha Renkoski
Corporate Account Director
Network Services dba Network Distribution
1400 American Lane, Suite 300
Schaumburg, IL 60173
Sent via email to: [email protected]

Re: Award of Contract #152611 Comprehensive Operational and Janitorial Supplies and Solutions

Dear Ms. Renkoski:

Region 14 Education Service Center is happy to announce that Network Services dba Network Distribution has been awarded Contract #152611 based on the proposal submitted to Region 14 ESC in response to RFP# 24-S824 Comprehensive Operational and Janitorial Supplies and Solutions.

As stated in the RFP, VI. Signature Form, this contract award letter is the countersignature to Network Services dba Network Distribution response and provides Region 14’s acceptance of the response and establishes the contract.

The contract is effective June 1, 2024. The contract may be renewed in accordance with the contract terms and conditions.

We look forward to a long and successful partnership.

If you have any questions or concerns, feel free to contact me at 325-675-8600.

Sincerely,

Emily Jeffrey
Region 14, Chief Financial Officer
DocuSign Envelope ID: B57BDFA3-B89F-4237-9F15-FCB3060F9654

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, OMNIA Partners, LLC (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 1/28/2019 8:31:46 AM Parties agreed to: Emily Jeffrey
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact OMNIA Partners, LLC:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected]

To advise OMNIA Partners, LLC of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from OMNIA Partners, LLC
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. N/A

To withdraw your consent with OMNIA Partners, LLC
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify OMNIA Partners, LLC as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by OMNIA Partners, LLC during the course of your relationship with OMNIA Partners, LLC.

VI. SIGNATURE FORM
A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The p rospective supplier must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process.

A contract award letter issued by Region 14 ESC is the counter-signature document establishing acceptance of the contract.

The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless conspicuously noted by the supplier following the requirements of Deviations and Exceptions section in the Instructions to Suppliers. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this response in collusion with any other supplier and that the contents of this proposal as to prices, terms or conditions of this response have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.

Prices are guaranteed: 120 days

____________________________________________________________________________ Company Name

____________________________________________________________________________ Address

____________________________________________________________________________ City State Zip

___________________________________ ___________________________________ Telephone Number Fax Number

____________________________________________________________________________ Email Address

___________________________________ ___________________________________ Printed Name Position

____________________________________________________________________________ Authorized Signature

Network Services Company dba Network Distribution
1400 American Lane, Suite 300
Schaumburg IL 60173
847-803-4888
847-803-0482
[email protected]
Martha Renkoski
Corporate Account Director

Omnia Region 14 RFP
Quote Date: 04/04/2024
Network Services Company
1400 American Ln. Suite 300
Schaumburg, IL 60173
SAP# MFR Name MFR Item# Description Case
Pack
Base Unit Current
Selling
Price
List Price Discount Off
List %
Discount Off
List $

Response to: RFP 24-S824 Comprehensive Operational and Janitorial Supplies and Solutions Region 14 Education Service Center and OMNIA Partners
Information contained within is confidential and provided strictly for the evaluation of this opportunity

Page 2 ends

Additionally, Network has provided a highlight of our catalog and product offering in Section 2B.

As an industry leader in janitorial and foodservice distribution, Network has strong relationships with hundreds of manufacturers, world-renowned brand names and kings of their industry. Each of these manufacturers produces thousands of items that are stocked in our warehouses throughout the country. However, to best serve Region 14 ESC and OMNIA members, we have featured the top items currently being sold to OMNIA members, as a representation of our product offering. Please know that our full catalog, specifically covering the following product categories, will be available to the OMNIA membership:

• Paper Towel/Tissue/Facial Tissue/Seat Covers/Wipers/Dispensers. • Trash Can Liners
• Foodservice Disposables/ Napkins
• Skincare/Hand Hygiene/Soap/Sanitizer
• Janitorial Supplies - General Cleaning Tools/Supplies • Floor Pads
• Cleaning Chemicals
• Dilution Control Cleaning Chemical Systems
• Spartan Chemicals
• Chemicals - Ecolab
• PPE/ Safety/Gloves
• Smallwares
• Tabletop
• Foodservice Heavy Equipment
• Indoor Air Quality Equipment & Filters
• Floor Care Equipment
• Equipment Parts
• Autonomous Equipment*
• Equipment Software*
• Personal Hygiene
• Hand & Power Tools
• Lighting
• Material Handling /Storage
• Fasteners
• Furniture
• Industrial Packaging
• Office Supplies
• Batteries
• Clothing/Apparel
• Janitorial Equipment Repair

Payment Terms: Net 30 Days
Network offers various volume discounts for minimum order quantities. OMNIA members can consolidate purchases in order to take advantage of volume discounts to meet minimums when a single delivery location is designated. On occasion, manufacturers offer Network volume discounts at which time Network would offer those savings to OMNIA member locations that could handle those volume quantities.

Network's local distributors can offer up additional discounts tailored to the needs of individual purchasers based on volume and product mix. These opportunities for our distributors to customize programs, based on volume or other specific buys, are part of Network's unique power of local - which provides not only expertise and individualized customer service, but direct knowledge about individual PPA's.

Annually, Region 14 ESC and Network will work together to evaluate purchasing trends and identify opportunities.

Page 1 ends

Exhibit A
Response for National Cooperative Contract

1.0 Scope of National Cooperative Contract
Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the Administration Agreement between Supplier and OMNIA Partners.

1.1 Requirement
Region 14 Education Service Center (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and OMNIA Partners, Public Sector, Inc. (“OMNIA Partners”), is requesting proposals for COMPREHENSIVE OPERATIONAL AND JANITORIAL SUPPLIES SOLUTIONS. The intent of this Request for Proposal is any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (“Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non- profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, an example of which is included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners as a Participating Public Agency in OMNIA Partners’ cooperative purchasing program.

Registration with OMNIA Partners as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C, and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of the Master Intergovernmental Purchasing Cooperative Agreement or as otherwise agreed to. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners.

All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither OMNIA Partners, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees, or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. Supplier is responsible for knowing the tax laws in each state.

This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA Partners’ requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners.

These requirements are incorporated into and are considered an integral part of this RFP. OMNIA Partners reserves the right to determine whether to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies, in its sole and absolute discretion, and any party submitting a response to this RFP acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners to make the Master Agreement available to Participating Procurement Agencies.

Agreed.

1.2 Marketing, Sales and Administrative Support
During the term of the Master Agreement OMNIA Partners intends to provide marketing, sales, partnership development and administrative support for Supplier pursuant to this section that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis.

Page 2 ends

OMNIA Partners will assign the Supplier a Director of Partner Development who will serve as the main point of contact for the Supplier and will be responsible for managing the overall relationship between the Supplier and OMNIA Partners. The Director of Partner Development will work with the Supplier to develop a comprehensive strategy to promote the Master Agreement and will connect the Supplier with appropriate stakeholders within OMNIA Partners including, Sales, Marketing, Contracting, Training, and Operations & Support.

The OMNIA Partners marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through channels that may include:

A. Marketing collateral (print, electronic, email, presentations) B. Website
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media
The OMNIA Partners sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include:

A. Individual sales calls
B. Joint sales calls
C. Communications/customer service
D. Training sessions for Public Agency teams
E. Training sessions for Supplier teams
The OMNIA Partners contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through:

A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing
B. Training sessions for Public Agency teams
C. Training sessions for Supplier teams
D. Regular business reviews to monitor program success
E. General contract administration
Suppliers are required to pay an Administrative Fee of 3% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the OMNIA Partners Administration Agreement (Exhibit B). At Supplier’s option, Suppliers may pay additional fees beyond administrative fees, such as technology fees, to OMNIA Partners and/or a third party for additional support and/or access to OMNIA Partners’ technology platform.

Agreed.

Estimated Volume
The dollar volume purchased under the Master Agreement is estimated to be approximately $150 MILLION annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners.

Agreed.

Page 3 ends

Award Basis
The basis of any contract award resulting from this RFP made by Principal Procurement Agency will, at OMNIA Partners’ option, be the basis of award on a national level through OMNIA Partners. If multiple Suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same Suppliers will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners.

Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency (e.g., governing law) are subject to modification for each Participating Public Agency as Supplier and such Participating Public Agency may agree without being in conflict with the Master Agreement as a condition of the Participating Agency’s purchase and not a modification of the Master Agreement applicable to all Participating Agencies. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (e.g., governing law, invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, etc.) (“Supplemental Agreement”). It shall be the responsibility of the Supplier to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the Supplier to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of the Master Agreement and adjust wage rates accordingly. In instances where supplemental terms and conditions create additional risk and cost for Supplier, Supplier and Participating Public Agency may negotiate additional pricing above and beyond the stated contract not-to-exceed pricing so long as the added price is commensurate with the additional cost incurred by the Supplier. Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA Partners).

All signed Supplemental Agreements and purchase orders issued and accepted by the Supplier may survive expiration or termination of the Master Agreement. Participating Agencies’ purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement.

Supplier is responsible for reporting all sales and paying the applicable Administrative Fee for sales that use the Master Agreement as the basis for the purchase order, even though Master Agreement may have expired.

Agreed.

1.5 Objectives of Cooperative Program
This RFP is intended to achieve the following objectives regarding availability through OMNIA Partners’ cooperative program:

Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies;
Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide; Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process;
Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing.

Objectives understood.

2.0 REPRESENTATIONS AND COVENANTS
As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Response to: RFP 24-S824 Comprehensive Operational and Janitorial Supplies and Solutions Region 14 Education Service Center and OMNIA Partners
Information contained within is confidential and provided strictly for the evaluation of this opportunity

Page 4 ends

Procurement Agency and OMNIA Partners designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier.

2.1 Corporate Commitment
Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with OMNIA Partners and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement.

2.2 Pricing Commitment
Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement.

2.3 Sales Commitment
Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through OMNIA Partners nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners in accordance with the OMNIA Partners Administration Agreement. Supplier also commits its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement.

Network Distribution agrees to OMNIA Corporate, Pricing, and Sales Commitments.

3.0 SUPPLIER RESPONSE

Supplier must supply the following information for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners.

3.1 Company
A. Brief history and description of Supplier to include experience providing similar products and services.

Corporate History
Network Distribution (Network) was established in 1968 when a handful of distribution companies created a collaborative partnership allowing them to expand the ability to provide products and related services to large regional customers. That concept is core to our business model and in 1975 Network began servicing national accounts. In December 2019 Network acquired SMA, Strategic Marketing Alliance, to create the largest global member-owned distribution organization.

Over 55 years after our founding, Network is North America’s leading and largest distributor, managing national programs for Corporate Account customers across the U.S.

Network is designed to deliver national distribution with the advantages of a locally supported program.

Page 5 ends

This unique value allows Network and our local Member distributors to serve you within your state, as businesses who live and thrive within your communities. The Power of Local serves each OMNIA Partners Member – keeping your tax funded dollars at work within your home state.

Network is the leader in our specialized segments, with the ability to source, train, and support our customers with the solutions they need to excel. Our supplier relationships are second to none, and our agile business model allows us to support our customers how and when they need it most. For example, during the pandemic Network had a full-time procurement specialist sourcing PPE, specifically gloves that were in short supply. Network customers were able to safely maintain protocols due to our strong manufacturer relationships and nimble sourcing capability.

Network aligns OMNIA Members with the processes, products, and manufacturers which provide best practices in innovation, technology, and the investments to support your needs.

Emphasis is placed on green cleaning, labor effectiveness, workplace wellness, source reduction, worker safety, water and paper conservation, development or promoting recycling efforts, indoor air quality enhancements, carbon emissions reductions, stewardship, and continuous improvement. These efforts are most successful when conducted on a local basis, taking state mandates into consideration.

Network focuses mainly on five specific business segments:

Public Sector, Commercial Real Estate/Building Services, Healthcare, Foodservice, Hospitality, and Industrial Packaging corporate accounts.

Our strength is in these segments, utilizing programs and products in the following categories: Janitorial supplies - including towel & tissue, can liners, hand soaps and sanitizers, chemicals, janitorial housekeeping supplies, janitorial equipment, and personal & safety products; as well as food service disposables, industrial packaging, segment and/or customer specific products. We have also worked with government agencies which have expressed the desire and need for additional security measures.

Therefore, in select areas, Network is able to offer document shredding as service. We can customize programs to meet individual OMNIA Member requirements such as indoor air quality, specialty equipment service and more.

Network is ready to customize solutions to all of your Operational and Janitorial Supply needs.

B. Total number and location of salespersons employed by Supplier.

OMNIA’s primary contact is Martha Renkoski, Network Corporate Account Director, who holds over 25 years of experience in the sanitary supply and wholesale distribution industry. In the last 10 years, she has focused solely on the Public Sector and is Network Distribution’s company expert on cooperative purchasing. She brings value to Network and our customers through sales training, program development, contract knowledge, and interpersonal skills. She continues to expand her knowledge through avid engagement within the vast world of public procurement, via supplier, cooperative and procurement personnel. Furthermore, she has demonstrated highly developed organizational, territory, and account management skills during her years of service at Georgia Pacific, SCA, Strategic Market Alliance and now Network.

Additional Network Corporate Account Directors are located throughout the U.S., and 7,500 local and regional Market Specialists work directly within their assigned geography to sell and support the OMNIA contract. Seventy - five Network Corporate Account Champions located at each of our distributors administer and support our global corporate account initiatives and have specific training on the OMNIA account, acting as the subject matter expert within their individual organizations.

C. Number and location of support centers (if applicable) and location of corporate office.

Network is a distribution organization with over 700 locations across North America. Our corporate headquarters, located in Schaumburg, IL, houses staff of 200 in our administrative offices and central customer service center.

Page 6 ends

There are over 32,000 total US employees at our warehouse and operations centers and an additional 7,500 outside salespeople across North America plus 75 Corporate Account Champions located at each of our distributors who administer and support our global corporate account initiatives.

For over 55 years, Network Distribution has purchased directly from the industry's best-in-class manufacturers to provide timely delivery across our entire footprint.

Our national presence gives Network the added value of redundancy within geographies. With coverage in all 50 states, the majority of locations have multiple distribution coverage options.

To locate distribution centers by state or zip code, visit: https://us.networkdistribution.com/locations/

Local to Region 14 ESC
Network’s membership consists of similar unique distributors who understand your local challenges and concerns, and who keep Public Agency dollars in the state where they originate.

Mayfield Paper Company consists of six sales and distribution centers serving West Texas and the Texas Hill Country with paper, packaging, safety, food service, janitorial, sanitation, and office supplies. Family owned and operated since day one, Mayfield Paper champions provide excellent customer service and a diverse offering of quality products with delivery throughout a 180,000 square mile area. Texas locations include San Angelo, Odessa, Lubbock, Abilene, Amarillo, and Wichita Falls. https://www.mayfieldpaper.com/locations.php

D. Annual sales for the three previous fiscal years.

Network Distribution 2023 sales were $25B.

As a private corporation, Network does not disclose financial statements or specific financial information to individuals or entities. We welcome a meeting with your senior financial staff to walk through the unique aspects of our business. For more info or to schedule a review, please contact Mike Johnson, CFO at 224-361-2233.

a. Submit FEIN and Dunn & Bradstreet report.

FEDERAL TAX ID#: 04-2579155
DUNS #: 08-294-1204

E. Describe any green or environmental initiatives or policies.

Network Distribution maintains social responsibility to the millions of consumers who occupy or visit facilities that are cleaned and maintained using our products, equipment, and value-added services.

The cleaning industry has become increasingly aware of the social responsibility to develop products and practices that protect health and respect the environment. Network is an industry leader in sustainability and health through a multifaceted approach to fostering innovation and adopting best practices.

With so many different organizations selling green products, trying to select the right products can be confusing and overwhelming. Network provides each OMNIA Member customized options with the opportunity to purchase the product type that they prefer. Our alignment with best-in-class manufacturers ensures that Network is first to know about the latest green innovations and products in the marketplace.

Using environmentally preferable chemicals, tools, and strategies within an organization can help provide a healthy building for students, staff, and visitors. Studies have shown an overwhelming positive impact including improvements in student productivity, morale, indoor air quality, and a reduction in sick days. Network local account managers can help by providing the products, the insight, and the training for each public agency’s individual needs.

Network aligns OMNIA members and Region 14 schools with the processes, products, and manufacturers to provide best practices in innovation, technology, support, and continuous improvement. Emphasis is placed on green cleaning, labor effectiveness, workplace wellness, source reduction, worker safety, water and paper conservation, development or promotion of recycling efforts, indoor air quality enhancement, carbon emissions Response to: RFP 24-S824 Comprehensive Operational and Janitorial Supplies and Solutions Region 14 Education Service Center and OMNIA Partners
Information contained within is confidential and provided strictly for the evaluation of this opportunity

Page 7 ends

reduction, and stewardship. These efforts are most successful when conducted on a local basis, taking state mandates into consideration.

Network is committed to a proactive approach in balancing today’s economic realities with the responsibility of implementing sustainable business processes. We continually work to reduce our own ecological footprint as an organization, including the use of local fleets with systematic routing for reduced carbon emissions, local sourcing, recycling and energy conservation programs, e-business transactions, and more. A member of the U.S. Green Building Council, Network is actively involved at the chapter level, as are many of our distributors. We have a LEED
® Accredited Professional on staff who monitors sustainability trends and is closely aligned with our supplier community to stay abreast of their initiatives. As a strong advocate for corporate and social responsibility, we offer a full line of environmentally preferred products and a proprietary evaluation program, NetGreen. NetGreen is designed to assess a customer’s current situation and then align the processes, products, suppliers, and monitoring tools necessary to achieve the customer’s sustainability, sanitation, and wellness goals.

Network is not a manufacturer, however, many of the products we provide carry various certifications which vary by the product and manufacturer selected. The promotion and availability of green products is based upon your level of interest, recycling and composting dedication, financial investment, and need. We suggest this be discussed in detail at the appropriate time with Network representatives.

To help drive the utilization and awareness of these products, certifications such as Green Seal, etc. are clearly indicated and searchable within our on-line ordering system, Marketplace. Items with green/sustainable attributes, will appear with a Green Leaf icon in our online catalog, and details are made available within the product description
Product training can be provided by the Network sales team, including how to create and implement the following:
green cleaning policy, green/high-performance cleaning program, custodial effectiveness assessment (Quality System), purchase of cleaning products and materials, cleaning equipment, indoor chemical and pollutant source control, integrated pest management (IPM), building exterior and hardscape management plan, solid waste management (recycling) and resource conservation.

Sustainability spend reporting of sustainable products may be included in our Quarterly Business Reviews, as needed, and as provided by product manufacturers.

Manufacturers with sustainable solutions are designated on our Suppliers Listing:
https://us.networkdistribution.com/suppliers/

F. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications.

Network Distribution® as a whole, does not qualify as a diverse supplier, however, some of our distributors are Woman Owned, Small Business, Minority Owned, or Veteran Owned certified businesses throughout the country.

Customer location alignment is subject to Network’s assignment policies and procedures which consider delivery areas, core competency, manufacturer relationships, and needs for diversity-owned businesses and more.

Locations can be evaluated and aligned with diverse Network distributors whenever possible, upon request prior to location assignments. This is a detailed process utilizing various internal tools which consider freight free delivery areas, core competency, existing business, selected manufacturer programs, ability to service multiple locations, etc. Details will be provided once program needs are fully established. Additionally, some of Network’s top manufacturers do qualify and would be considered Tier 2 spend.

Network collaborates with the top Suppliers/manufacturers in our industries to ensure all customer needs are met and that MWBE businesses have equal participation opportunities.

To better serve our customers, Network is currently in discussions with an MWBE business that would provide additional options for our vast customer base throughout the country. Included in our updated offering is diversity reporting for availability in 2024.

Diversity program reporting and pricing is based on products and brands purchased and may be included in our Quarterly Business Reviews.

Page 8 ends

G. Indicate if supplier holds any of the below certifications in any classified areas and include proof of such certification in the response:
a. Minority Women Business Enterprise No
If yes, list certifying agency: NA
b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE) No If yes, list certifying agency: NA
c. Historically Underutilized Business (HUB) No
If yes, list certifying agency: NA
d. Historically Underutilized Business Zone Enterprise (HUBZone) No If yes, list certifying agency: NA
e. Other recognized diversity certificate holder No
If yes, list certifying agency: NA

H. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority-owned standards. If any, list which certifications subcontractors hold and certifying agency.

Network is able to sell via a subcontractor inclusion plan to meet requirements of Participating States / Participating Entities, as requested by OMNIA Partners. These inclusions include small, diverse, and veteran-owned businesses.

Each of our primary locations has established a locally owned MWBE subcontractor to meet customer needs and support the growth of these businesses.

I. Describe how supplier differentiates itself from its competitors.

Network is designed to deliver national distribution with the advantages of a locally supported program.

Joint History and Public Sector Experience:

Network has partnered with OMNIA through the janitorial supplies contract for nearly twenty years and count our partnership among one of our longest standing accounts. Internally here at Network , the Network-OMNIA relationship is labeled the Gold Standard of customer relationships due to the long- term goal alignment of our two organizations. Public Sector sales account for approximately 25% of Network’s annual volume. We understand the unique nuances of cooperative purchasing contracts and stay apprised of the specific process to be followed with each state to create detailed execution plans. Network and OMNIA’s collaboration has strengthened immensely while we have grown our partnership.

Network provides ongoing training to our national, regional, and local sales staff on the OMNIA Partners Agreement and contract nuances including annual Network University Live and Corporate Account Summit events. In addition to live group training and online learning tools, we visit our locations and train sales staff on everything from how to sell to the OMNIA Partners’ membership to maintaining reporting compliance. The connectivity of the OMNIA field team with the national and local Network field team is unrivaled; communication is frequent resulting in aligned execution. The Network – OMNIA historical growth provides evidence of this fruitful relationship.

OMNIA can remain confident in Network’s well established reporting capabilities and compliance department who monitors to ensure alignment with the OMNIA Agreement. This department also monitors pricing compliance, further ensuring our performance. Our connectivity and single operating platform ensure that your Network program remains consistent for every OMNIA Member yet provides them each with the individual support that they deserve.

Network’s extensive experience with Public Sector and multi-site customers and work with school districts is focused on providing comprehensive solutions to enhance environmental quality and benefit to faculty, staff, Response to: RFP 24-S824 Comprehensive Operational and Janitorial Supplies and Solutions Region 14 Education Service Center and OMNIA Partners
Information contained within is confidential and provided strictly for the evaluation of this opportunity

Page 9 ends

students and the public with favorable programs and exceptional service. Our strength in the operational and janitorial categories allows us to provide cost effective solutions and products to schools of various sizes and budgets. Network’s offerings include foodservice, janitorial supplies, paper products, industrial packaging, and safety supplies designed specifically for the education sector.

Other highlights of the Network – OMNIA relationship include regular strategic and tactical meetings with OMNIA’s Marketing team, Sales Enablement team, Partner Development team, and field- based Member Development teams. The open dialogue and joint planning sessions strengthen each Network location’s knowledge and success in the local markets. No rock is left unturned due to these close relationships. The OMNIA members in every state benefit from this tight partnership.

We invite our OMNIA partners to visit a Network facility to gain additional understanding of our supply chain expertise.

Adaptability:

Network is ready to customize solutions to all your Operational and Janitorial supply needs. Through our in- market inventory and sales consultants, we provide a broad product selection, having built strategic alliances with the industry’s best in class manufacturers over 55 years in business. The average Corporate Account customer has retained Network service for over 15 years and each Network customer has the advantage of Network’s experienced dedication to customer service in over 1,300,000 customer locations. Our national scope coupled with local market expertise is a business model that continues to provide a time- tested service model for new and existing accounts. Operating over 700 distribution facilities throughout North America, totaling over 35 million sq. ft., there are more than 32,000 employees at our warehouse and operations centers and 7,500 market specialists across North America. OMNIA Members have access to a wide variety of manufacturers, items, and services through our local Network distribution centers who customize each program and offerings. More importantly, our market specialists can guide your members to select the right products and solutions for their specific needs.

Our programs provide flexibility, accountability, and expertise, as compared to one-size-fits-all models. Network’s suite of product and service offerings is constantly evolving and growing. The more Network knows about each public agency, the better we can continue to find new ways to help speed the delivery of products, maximize efficiency, minimize errors, and drive down costs. Collaboratively we work together to find optimal distribution and supply chain solutions.

A true distribution partner, we help drive compliance, champion your corporate initiatives, and ensure each Member maximizes the benefits of the OMNIA Partners Agreement.

The opportunity for Network distributors to customize programs based on volume or other specific buys is part of Network's unique power of local. Our locally focused service provides not only expertise and individualized customer service, but direct knowledge about individual OMNIA and their locations. Network’s expertise allows us the ultimate adaptability.

The Power of Local:

To better educate you about our qualifications, history, and contribution to the industry, here is a profile of a Network distributor in Texas who will service Region 14 ESC through this contract. In fact, locally, this member already services many of the districts that comprise Region 14. These sales occur outside of Network’s existing OMNIA contracts and would be prime target to transition to this new contract, should Network be awarded.

Network’s membership consists of similar unique distributors who understand your local challenges and concerns, and who keep Public Agency dollars in the state where they originate.

Founded in 1945, Mayfield Paper Company consists of six sales and distribution centers serving West Texas and the Texas Hill Country with paper, packaging, safety, food service, janitorial, sanitation, and office supplies. Family owned and operated since day one, Mayfield Paper champions excellent customer service and a diverse offering of quality products with delivery throughout a 180,000 square mile area. Texas locations include San Angelo, Odessa, Lubbock, Abilene, Amarillo, and Wichita Falls. https://omni.mayfieldpaper.com//About Mayfield Paper Company

Value-Add Products and Services:

Page 10 ends

Network is a proven and dependable business partner to multiple national account customers, including group purchasing organizations in other segments as well as education and public sectors. We have worked closely with market leaders to develop supply chain solutions that meet their specific needs. Our value- added services include, but are not limited to:

Contract Pricing – Both core list and catalog category offerings for fixed time periods. This includes on-going management of the contract items for required additions or deletions as dictated by the customer.

Web Ordering – Offered via a hosted ordering site or via Network maintained catalogs on customer platforms such as Oracle, Ariba, or others. Network’s online ordering system, Marketplace, is designed with user ease in mind and has many great features to make ordering easier.

Punch-Out – We have Punch-Out (cXML) ability wherein we can process customer transactions on our ordering site directly into their purchasing system. Based on customer need, we can accommodate many other EDI alternatives as well as static catalogs.

Seminars – Training, workshops, in-servicing, equipment, and product demonstrations are included value adds that we provide for our customers, on-site. In addition to the training that is offered as needed, we schedule meetings quarterly, semi-annually, and annually in an effort to maximize customer employee participation levels.

Spend Management – Includes budget reviews, recommended KPIs, program implementation, and benchmarking.

Budget support via our Web Ordering platform is supplied with order approval by customer defined dollar limits or required approval hierarchy by a supervisor(s).

Equipment Service and Repair – Both on-site (mobile) and in-shop equipment repairs are routinely offered to our customers by local Network distributors. We provide both emergency repairs and regularly scheduled maintenance as needed at the local level. Customer satisfaction is our primary goal in every situation. Our offering includes Reconditioned Cleaning Equipment and loaned equipment while repairs are underway.

Multiple Location/User Service Support – We are accustomed to dealing with a large number of users and multiple ship-to locations for each user.

High Volume Transaction Processing – We process hundreds of thousands of orders monthly from individual entities. Whether received online (Web or Punch-out), ftp, email, facsimile, pdf, or via phone or will-call, each order is entered promptly and accurately.

Fulfillment – Our general policy is to offer Just-In-Time Deliveries, which helps reduce the on–site inventory space required by customers. Our customer contracts outline specific performance standards which we consistently meet or exceed. A large portion of our customer procurement cost is transactional processing, so we strive to have it shipped, processed and completed correctly the first time. Our average fulfillment rate is consistently 98%.

Business Continuity and Emergency Preparation - Network and our various distribution centers have local plans to quickly respond to disaster situations. While there are several universal disaster threats, we also have localized plans to address specific natural geographic threats. Our ownership is spread across North America in the communities we serve, which provides a unique perspective. Many of our local business units have over 60 years of experience working with local state, county, and city officials. Over the years we have successfully weathered many disasters (ranging from pandemic, hurricanes, floods, earthquakes, tornados to fires, building failures and other human-caused occurrences).

Our priority is making sure that our customers are serviced in a timely and accurate manner, even under the most challenging of circumstances. Our complete presence across North America gives us quick access to over 700 warehouses of products with redundant inventories. We offer a complete supply of cleaning, janitorial, sanitation and foodservice disposables which enables us to quickly maneuver in affected regions. During a disaster event, we adjust business operations to 24/7 to account for immediate and ongoing needs (several of our key hubs already operate 24 hours a day). Orders and deliveries can be processed on-site same day in most situations. Every local distributor has a formal Emergency Preparedness Plan that they immediately implement as needed.

Sustainability Programs – Network is a member of the U.S. Green Building Council and actively involved at the chapter level, as are many of our distributors. We have a LEED® Accredited Professional on staff who monitors sustainability trends and is closely aligned with our supplier community to stay abreast of their environmental initiatives. As a strong advocate for corporate and social responsibility, Network offers a full line of environmentally preferred products to achieve your sustainability, sanitation, and wellness goals. Network can help develop Response to: RFP 24-S824 Comprehensive Operational and Janitorial Supplies and Solutions Region 14 Education Service Center and OMNIA Partners
Information contained within is confidential and provided strictly for the evaluation of this opportunity

Page 11 ends

Sustainable Systems that are right for each OMNIA Member with our consultative approach to creating customized solutions.

Training – Network is dedicated to improving operational efficiency by introducing products and ensuring proper use. All Network representatives are trained on core product categories and can provide local support to users.

Training is provided for key products which are regularly purchased from Network as the supplier of choice.

Additionally, local Network personnel partner with local manufacturer personnel to provide additional training at a higher level of detail and expertise.

Locally our distributors provide training programs on product use, cleaning techniques, recommended product application, proper use of equipment, and are available to assist in any challenging issues that may arise. Training in product use for items provided to OMNIA public agencies is available as required and when requested.

Network is also dedicated to improving efficiency by introducing new products and ensuring proper use. Network’s sales professionals share these solutions and proactively support a process of continuous improvement, where appropriate.

Network University, an online and in-person training program, was designed to improve staff knowledge and performance while reducing operational costs. Network University delivers timely, relevant information on the key issues related to environmental services and facility professionals through convenient webinar sessions that are available and at each individual’s convenience. A Network University Live event takes place bi-annually with in- person group training sessions and the opportunity to interact with peers and learn from common sales and customer experiences.

In addition, Network distributors frequently host open house showcases including educational sessions, product introductions and relevant available seminars at their local warehouses.

As noted throughout the Network proposed program, you’ll see consultative services of inventory management and other related sales services. These services are provided when all mandatory safety guidelines are enforced, making the health and safety of all employees our primary concern.

Service is our pledge to OMNIA Partners. If a value-added item is not listed within our response, we are open to discussions to meet your requirements. Adaptability is a primary core value for Network Distribution.

J. Describe any present or past litigation, bankruptcy or reorganization involving supplier.

Not applicable. Network Distribution has no litigation, bankruptcy, or reorganization to report.

K. Felony Conviction Notice: Indicate if the supplier
a. is a publicly held corporation and this reporting requirement is not applicable; b. is not owned or operated by anyone who has been convicted of a felony; or c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions.

Network Distribution is not owned or operated by anyone who has been convicted of a felony.

L. Describe any debarment or suspension actions taken against supplier Not applicable. No debarment or suspension actions have been taken.

3.2 Distribution, Logistics

A. Each supplier awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier.

Page 12 ends

Network Distribution offers a complete and comprehensive line of quality janitorial supplies to each OMNIA Member where solutions are created based on the unique public agency needs. Our consultative sellers offer customized programs and product offerings based on unique member and facility requirements. Products and supplies offered are quality solutions that meet or exceed industry standards.

Network distributors across North America stock a complete line of cleaning supplies, facility products, food service disposables, restaurant supplies, packaging, safety, laundry, and other categories that are essential for the daily operations of all facilities. We are one of the largest suppliers in the category and offer a complete array of products and services including but not limited to:
• Carpet Care
• Cleaning Chemicals
• Cleaning Supplies including tools, accessories, brushes, receptacles, and equipment • Custodial equipment: floor sweepers, scrubbers, extractors, vacuums, burnishers, pressure washers, air blowers/dryers, parts (belts, brushes, wheels, filters, pads, batteries, chargers, detergents, and other replacement parts and supplies)
• Dilution Control & Chemical/Dilution Stations /Systems • Document shredding
• Facility Maintenance Products
• Floor Equipment ranging from vacuums to scrubbers and all other equipment • Food Service Disposables and Packaging
• Food Service Heavy Equipment: Freestanding products, with or without a utility used for the preparation, holding, or storage of food or beverage products in the Foodservice industry. Foodservice Heavy Equipment shall have a 3rd party certification for approved commercial use • Furniture – Office, Classroom and Public Areas
• Green Products & Supplies with Ecologo and Green Seal certifications • Hard Floor Care and Maintenance
• Indoor Air Quality equipment, filters and supplies including air purifiers • Industrial Paper and Dispensers
• Institutional and Industrial Laundry and Kitchen Products • Kitchen Design
• Laundry Products
• Material Handling Products
• Matting
• Microfiber Cleaning Products
• Office Supplies
• Personal Care & Safety Products
• Private Label
• Repair Parts and Supplies
• Restroom Care
• Safety and Signage
• Skin Care
• Smallwares: Portable, multiple-use manual or motor-driven food or beverage preparation tools used in the Commercial Foodservice industry
• Tabletop: Multiple-use service ware and display products used by individuals or groups for food or beverage
• Warewash Products
• Waste and Recycling
Network has long term partnerships with best-in-class manufacturers at the forefront of innovation including Kimberly Clark Professional, CloroxPro, Novolex, Ecolab, P&G Professional, Pactiv Evergreen, 3M, Spartan, Essity, Georgia Pacific, Berry, Rubbermaid, Diversey, Gojo, and Inteplast Group.

For an overview of Network Corporate Suppliers, visit https://us.networkdistribution.com/suppliers/

To better serve our customers, Network local distributors carry numerous additional regional manufacturer items and globally sourced solutions.

Page 13 ends

Beyond products, we deliver solutions that positively impact the health and wellness of your buildings and their occupants. From sustainable green cleaning practices, comprehensive training certification programs to our local account manager expertise, cleaning is strongly focused on employee and customer wellness and education.

Services offered that are above and beyond: proper workloading, LEED support, CIMS training, HACCP support, cleaning for Norovirus, floor care equipment repair & warranty service (local and mobile), custom food service items, cafeteria/kitchen design and planning, commercial warewash, industrial laundry and many other consulting services.

Network is partnered with the industry’s largest educational organizations, such as ISSA, NIGP, NRA, APIC, AHE, HIDA, BOMA, BSCAI, ASBO, NACUBO, USGBC, and many others. As a member of these organizations, Network keeps current regarding the latest cleaning practices, regulations, and product innovations. Our distributors are constantly testing new products and systems to identify the best solutions for each customer.

In addition, Network hosts an annual summit for our distributors to provide education on the latest industry products, trends, and regulations. This event is filled with learning sessions, industry experts, and targeted meetings. Our conference is highly attended by all of our distributors and evolves year after year.

Equipment Service and Repair is available via local Network distributors. Both on-site (mobile) and in-shop equipment repairs are routinely offered to our customers. We provide both emergency repairs and regularly scheduled maintenance as needed at the local level. Customer satisfaction is our primary goal in every situation.

Network will provide equipment installation either via the manufacturer (depending on the scope of the opportunity) or by the servicing distributor.

On-site programmed and preventative maintenance service is available as needed and offered by our manufacturer trained local service technicians and/or our highly esteemed manufacturer partners.

B. Describe how supplier proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas.

With over 700 distribution centers across all 50 states and Puerto Rico, Network’s power of local ensures that delivery is prioritized to meet OMNIA Members’ individual needs starting with the implementation process. Network will engage with your staff locally to understand individual member’s product preference, application, usage, and delivery needs. Network buys directly from manufacturers for our corporate accounts, allowing us to provide timely delivery to customers across North America with competitive pricing.

Over 98% of deliveries are made on Network owned and operated delivery vehicles. This is an extension of our commitment to providing the best possible customer service throughout the supply process. Our drivers are encouraged to build relationships with receiving personnel at your locations to provide personalized delivery support. Drivers are screened, experienced, appropriately attired, and accountable for professional, safe, and courteous service.

Network has the ability to deliver products and services to 95% of the U.S. population, freight free. For an overview of Network locations, visit https://us.networkdistribution.com/locations/

In the event a location is outside the freight free delivery areas and a Network delivery is not feasible, the following modes of delivery are available: Fed-Ex, UPS, USPS, LTL delivery carrier, special delivery courier, and customer pick-up (with prior notification) are options.
• Orders are typically placed directly with the local Network distributor for the ultimate efficiency. The local Network distributor will also deliver, invoice, and collect payment for each order. • Emergency and rush orders are available. Emergency orders would incur a pass -through of fees charged by the courier for delivery and will require written location approval prior to order processing. • Network distributors routinely deliver to secure locations including federal military bases, rehabilitation centers, prisons, and other secure facilities requiring background checks and documentation of delivery personnel as well as on-site support personnel. Procedures vary at each facility and some Network distributors employ personnel to facilitate our access and credentialing of personnel. • Network buys directly from manufacturers for our corporate accounts allowing us to provide timely delivery to customers across North America.

Page 14 ends

• Orders will be picked in our warehouses by our own employees and shipped within 24 hours of receipt unless locations have other requests or standing delivery appointments. • Delivery is usually the next business day. Additional delivery time may be required for remote locations. All details would be mutually agreed upon during the implementation process. • Company focuses on reducing labor and managing equipment fleets. • Historic delivery performance is in excess of 98% on the promised delivery day. Location delivery and on-time metrics are available upon request.

Network offers a streamlined return policy. Customer shall request approval from Network and arrange for pick-up or shipment of any products to be returned. Custom or special ordered products are not eligible for return.

Distributors shall exchange defective, damaged, rejected, or unordered products without additional charge to customer and shall credit customer for the purchase price of the returned products, provided that products are unopened and are in saleable condition.

Customer is responsible for any costs associated with returns for convenience (i.e.: incorrect product or quantity ordered by customer) and may include a restocking charge. Items returned due to customer error will be charged a 15% restocking fee. If the return is a result of distributor error, the restocking fee will be waived. All returned products must be in the original container, in resalable condition and usable prior to expiration date of the product.

All returns must be made within 90 days of delivery date. Prior notification is required for product return.

C. Describe how Participating Agencies are ensured they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement.

OMNIA Participating Agencies can be assured they will receive Master Agreement pricing.

Network starts by properly training all operational and sales personnel on the nuances of the Master Agreement to ensure pricing compliance. Secondly, Network employs a dedicated compliance department, who ensure that each order and invoice follow the OMNIA contract. Each month, all invoices from Network Member distributors go through a scrub process to call out pricing that is not in compliance with the contract. Any anomalies are corrected in accordance with the Agreement.

Our thirty plus years of GPO background gives Network a unique and thorough understanding of GPO and Cooperative programs. From our corporate management all the way to each local distribution center, we have the experience to utilize and benefit the OMNIA Agreement and to communicate the OMNIA model to the entities we serve.

Our structure is built to benefit our customers, from collaborative reporting provided by local distributors, and a robust corporate team including dedicated customer service, compliance management, reporting, IT support, Public Sector marketing, and category management.

D. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user.

All processing, handling, and shipping of products and services to OMNIA Member locations will be handled by Network Distribution and our local Network Member distributors.

Orders will be picked in our warehouses by Network employees and shipped within 24 hours of receipt unless locations have other requests or standing delivery appointments. 98%+ of all Network deliveries are made on company owned or leased delivery vehicles.

In the rare instance the shipping location is outside of Network’s free shipping area, third party shipment may be employed; the OMNIA customer would be advised of any instances when an order may not qualify for free shipping.

Network Distribution corporate is the single source for all compliance, reporting, and administrative fee payments.

E. Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable.

Page 16 ends

3.3 Marketing and Sales

A. Given the public nature of the solicitation and contract, OMNIA Partners makes solicitation and contract documentation, including pricing documents, available on its website so Participating Public Agencies may easily conduct their due diligence. Describe any portions of the response that should not be available on the website and why those portions should not be available.

Confidential information in response to Supplier Responses 3.1 I, 3.3 D, 3.3 I, includes, without limitation (i) nonpublic information relating to Network’s technology, products, services, processes, data, customers, business plans and methods, promotional and marketing activities, finances, research, formulae, compositions, recipes, designs, and other business affairs, (ii) third-party information that Network is obligated to keep confidential, and (iii) the nature, content and existence of the Relationship, and related discussions or negotiations between the parties.

B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as the public sector go-to- market strategy within first 10 days
ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners team within first 90 days

To deliver the best possible outcome, we tailor our marketing plan based on current and future goals of the Region 14 ESC and OMNIA program. Therefore, we would prefer to meet with appropriate OMNIA teams to establish goals, outline processes and solidify timelines. Our implementation process typically consists of a multifaceted approach:

Nationally:
• Releasing a co-branded press release within the first 30 days. • Announcing the award via LinkedIn.
• Creating and blasting co-branded collateral pieces with the award details. • Advertising the award in the appropriate publications. • Creating a dedicated OMNIA webpage including logos, links to websites, summary of the contract and services offered, and due-diligence documents including a copy of the solicitation, copy of contract and amendments, and corresponding marketing materials
• Exhibiting at the relevant conferences to promote the OMNIA partnership to expand brand awareness/program offering

Internal Sales Launch:

Our sales team of men and women anxiously await the opportunity be of service to the Participating Public Agencies. In addition to bringing the full measure of their training and experience to the benefit of the customer they bring valuable customer needs and requirements back to the support team for service improvement to bring OMNIA members the complete package. Network’s infrastructure is well established and poised to engage in a contract with OMNIA immediately. We do prefer, however, a very deliberate well-planned rollout. Network has an established protocol for implementation of new national contracts; we have become a well-oiled machine and will incorporate any unique needs for the Region 14 contract into the procedures described below. A corporate-wide Network initiative will be engaged over the 90-day implementation period with regular follow-ups to ensure optimization and compliance. In addition to our established procedures, we would be adding in the additional sales targeting methods described in other sections. We employ the following steps and timeline:
• Part One
- Meet with OMNIA staff to solidify all procedures, policies and reporting requirements.

Page 17 ends

- Communicate OMNIA – Region 14 award announcement to all Network sales personnel to set the stage for upcoming time requirements and dedicated efforts.
- Create all Network – OMNIA – Region 14 co-branded marketing materials. - Refresh reciprocating links on OMNIA website.
- Establish sales target list for direct marketing, mailing, e-blast, and phone solicitations. - Place all Network customer service and pricing departments on alert to engage heightened awareness and response to all OMNIA – Region 14 related inquiries and requests. - Prepare internal training resources and schedule training sessions.

• Part Two
- Customize Network’s internal Distributor Hub contract and price support documents. - Perform Webinar training of all Network Operational support staff. - Perform Webinar training of all Network Sales staff for marketing of OMNIA – Region 14 contract. - Relate sales objectives and expectations to each Sales Manager and Sales Representative. - Conduct face-to-face training seminars in small groups at the upcoming Network University Live sales conference with each branch designated sales champion.

• Part Three
- Email contract; highlights, electronic catalog, and contract pricing to all targeted agencies - When appropriate, begin site visits to all targeted agencies. - Host a contract rollout event at Network locations alongside OMNIA personnel as available.

• Part 4
- Monitor sales activity and initial market response.
- Broadcast successes and review obstacles.
- Make adjustments and distribute findings.
- Verify fast tracking of new account establishment.
- Monitor logistics support for new business.

• Ongoing
- Continue monitoring of sales efforts and outcomes.
- Perform Customer Satisfaction Survey, adjust, and include satisfaction scores in marketing material.

Locally:

Network Member distributors will participate/exhibit in timely regional conferences (as available) to promote the partnership and expand brand awareness/program offering. Selected conferences include local and regional ASBO, APPO and NIGP events.

In addition, Network prepares a formal launch packet for all distributors to understand, sell to, and target local OMNIA Members. These tools include, but are not limited to: Executive Summary, Contract Summary, Contact Info, List of OMNIA Members, Co-Branded Sell Sheets, Pricing Structure, Product Categories, Customer Training Manuals by cleaning area, etc.

Network launches the OMNIA Partners Agreement to all distributors via webinar. We outline all program parameters and sales strategies to target new business and drive compliance with current Members in an effort to expand the OMNIA brand and build sales. All launch materials are hosted on the Network Distributor Hub for ongoing access.

Our distributors will focus sales efforts in the following manner:
• Identify and target eligible agencies. Ideal targets are those where Network distributors have established relationships. Other targets include agencies that are currently using a competing government cooperative, as strongly pre-qualified who already grasp the benefits of cooperative purchasing. Third-tier targets will be agencies that need to be educated on the cooperative concept including a full presentation of OMNIA benefits.

Page 18 ends

• Based on the target descriptions listed above, each Network location will complete a Sales Target Tracking sheet, and submit to Network on a monthly basis, including action items and deadlines as detailed in the Sales and Marketing Plan. Once targets are identified the following steps would take place:
- Schedule meetings with Public Agencies to educate them on contract and expected benefits. - Conduct customer facility audits as needed to further identify potential savings. - Present the customer with their list of value-add services, such as on-sight product training, equipment repair, information regarding regulatory cleaning guidelines, etc. - Close the account and report all sales to Network, who will then report all sales to OMNIA. - Utilize Network tools to mine additional targets by better understanding buying patterns and budgets.

Network’s program specifically includes components to simplify and standardize the product bundle. A rationalization of the products used will reduce costs, promote better cleaning processes, and simplify training. This will also enhance abilities to support safety and compliance throughout customer facilities.

Education and Training: Network provides ongoing training to our national, regional, and local sales staff on the OMNIA Partners Agreement, including annual Network University Live and Corporate Account Summit events. In addition to live group training and online learning tools, we visit our locations and train sales staff on everything from how to sell to the OMNIA Partners’ membership to maintaining reporting compliance Network offers the online Network University program to improve and expand skill sets as well as meet regulatory requirements by offering professionally created online courses. Systems are designed to save time, minimize travel costs, and provide consistent instruction based on standardized procedures.

Value Added Services — In the first 90 days and throughout the term of our contract, Network places top priority on our value added services offering. We are a proven and dependable business partner to multiple national account customers due to our strong foundation of consultative selling and collaboration, always anticipating the customers’ needs and developing the corresponding support programs. The cornerstone of our successful strategy is the multitude of value added services that we provide, day in and day out and continue to be a mainstay in our partnerships. Our goal is to not only provide quality products delivered at the most efficient scale of ability, but to also provide OMNIA Members and participating agencies with solutions to the many challenges they are faced with on a daily basis within the general scope of work of this solicitation. A high-level summary of our offering:

Network Distribution is 100% distributor owned – every Member distributor is an owner of Network • Every distributor has signed a Network business practice agreement outlining the parameters that must be met in order to successfully service Corporate Accounts • Every distributor and its Principal are included in the launch of every Corporate Account • All distributors are Market Leaders – over 80 distributors in North America with 700+ locations • We provide a national presence with local expertise

Services available for customers:
• Manufacturer Reduction / Product Standardization
• Cost of Acquisition/Procurement Savings
• Cost of Procurement Savings
• Commitment to “Green/Sustainability” – LEED Support
• Centralized Ordering & Billing
• Facility surveys
• Program / Product Recommendations and testing
• On-site product and program training
• Facilities
• Warewashing
• Nutrition
• Laundry
• Equipment (kitchen, floor care, etc.)
• Customer Training manuals:

Page 19 ends

• EVS Cleaning – LTC
• EVS Cleaning – Acute Care
• Cleaning for Norovirus
• Cleaning Guest Rooms
• Cleaning Public Restrooms
• HACCP Awareness
• Bed Bug Awareness
• Dietary Cleaning - LTC
• Laundry Processes
• C.Diff Awareness
• Customized training manuals as needed
• Customized Reporting available:
• Line item detail
• Usage by location
• Summary reports
• Usage by Distributor
• KPI and CI tracking
• Ongoing product/program development:
• New product implementation
• Dispenser installments /training
• Product testing / samples

C. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to:

i. Creation and distribution of a co-branded press release to trade publications ii. Announcement, Master Agreement details and contact information published on the Supplier’s website within first 90 days
iii. Design, publication and distribution of co-branded marketing materials within first 90 days iv. Commitment to attendance and participation with OMNIA Partners at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement
v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners for partner suppliers. Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners.
vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement
vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.)
viii. Dedicated OMNIA Partners internet web-based homepage on Supplier’s website with:
• OMNIA Partners standard logo;
• Copy of original Request for Proposal;
• Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing;
• Marketing Materials
• Electronic link to OMNIA Partners’ website including the online registration page; Response to: RFP 24-S824 Comprehensive Operational and Janitorial Supplies and Solutions Region 14 Education Service Center and OMNIA Partners
Information contained within is confidential and provided strictly for the evaluation of this opportunity

Page 20 ends

• A dedicated toll-free number and email address for OMNIA Partners

Network Distribution commits to a customized 90 day plan beginning from the award date of the Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies. The detailed plan will incorporate all of the above actions as well as additional ones noted in the previous section.

This plan will be managed and executed by the following individuals at Network Corporate, among others:
• Network Public Sector Corporate Account Director – Martha Renkoski • Network Dedicated Public Sector Implementation Specialist – Katie Butzow • Network Public Sector Marketing Manager – Nancy Lewis For details on the 90-day plan, see question 3.3 B.

D. Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements.

Network's existing relationship with OMNIA will allow us to hit the road running and reduce ramp up time. Network will involve corporate, regional, and local leadership to endorse the contract award and communicate the go - forward strategy to the entire sales team.

Network has proudly served over 8,000 locations via our OMNIA Janitorial Supplies, Equipment & Services contract over the course of nearly 20 years. It is not Network’s intent to disrupt current Network customers already utilizing other OMNIA Partners contracts, rather, it is our intention to leverage the benefits of the Region 14 contract with unreachable accounts thus far. For example, the pricing structure of the Region 14 contract will be different than Network’s current OMNIA contracts and this aspect will be more attractive to other OMNIA members. Additionally, Network’s member, Mayfield Paper, currently services many of the Region 14 districts directly (not with an OMNIA Partners contract). This group of schools will be some of our first targets.

Marketing initiatives that will continue along with the Region 14 ESC OMNIA contract include:
• Refresh all Network / OMNIA co-branded marketing materials and share with Network Members. • Establish sales target list for direct marketing by Network locations. • Perform training of all Network Sales staff for marketing of OMNIA contract. • Identify and target eligible agencies. Ideal targets are those where Network distributors have established relationships, whether it be current or in the recent past. Other targets would include agencies that are currently using a competing government cooperative, strong pre-qualified targets are those who already grasp the benefits of cooperative purchasing. Third-tier targets will be those agencies that need to be educated on the cooperative concept including a full presentation of OMNIA benefits. • Create schedule for distributor education and training on benefits of the Network OMNIA contract. • Attend industry events and targeting activities, ongoing throughout the year • Focus event during Network University Live bi-annual events, including training on cooperative purchasing • Developed training module (Bootcamp 101) for distribution sellers, supplier partners, and OMNIA Team in targeted markets.
• Marketing campaigns throughout the year with suppliers to targeted agencies • Participate in regional trade shows as well as national events including NIGP, CAPPO, FAPPO, Regional NIGP events, various local ASBO events, other local APPO events, and facilities managers events. • Conduct business reviews with OMNIA and suppliers resulting in targeted sales activities and specific marketing campaigns
• Detailed monthly reporting shared with OMNIA team
• Introduction and training upon implementation of 2024 Region 14 ESC and OMNIA Agreement • Active involvement in the appropriate Public Sector associations on both a national and local level • Train Network and local distributor sales teams on the nuances of cooperative purchasing and how to best introduce the concept and OMNIA to our target customers Response to: RFP 24-S824 Comprehensive Operational and Janitorial Supplies and Solutions Region 14 Education Service Center and OMNIA Partners
Information contained within is confidential and provided strictly for the evaluation of this opportunity

Page 21 ends

• Customized, on-site personal training, customer visits, and webinars • Conduct focused training seminars on cooperative purchasing at our annual conferences • Regular communication with the OMNIA participating agency to strengthen our understanding of state statutes, individual customer needs, detailed processes within public procurement and transfer that knowledge to our sales team, often through one-on-one communications. These discussions and individual opportunities have served to strengthen the Network sales process and key points of conversation to address the needs of OMNIA Members, current and targeted.

In response to the question regarding Network’s other cooperative contracts: Network holds multiple contracts affiliated with the following cooperatives – OMNIA Partners, 1GPA, The Equalis Group, and NASPO ValuePoint.

The new Network – Region 14 Agreement will be featured as our new lead contract when approaching public agencies due to the strong discounts offered via the contract. This contract will feature a more extensive scope than our other contracts.

E. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well.

Agreed. Network will provide our logo and understand permission is required for reproduction of OMNIA logo in marketing communications and promotions.

F. Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the Supplier’s sales initiatives should communicate:
i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing
iii. No cost to participate
iv. Non-exclusive
Confirmed.

G. Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include:
i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners v. Knowledge of benefits of the use of cooperative contracts

Bootcamp 101, our training module, works with Network’s distribution sellers, Supplier partners, and the OMNIA team in targeted markets. We have worked in collaboration with OMNIA Partners for several years to ensure awareness and knowledge of cooperative contracts and are proud to be a part of the OMNIA Partners Sales Enablement Team creation. We value and look forward to this continued partnership. Network also takes advantage of the customized training offered by OMNIA Partners under the Experts Academy umbrella.

Network seller training is an important and constantly evolving area of our business. Ensuring every Network Member distributor is knowledgeable about and able to champion the OMNIA agreement is of paramount importance.

Network representatives are trained to Identify targets to pursue in their local markets. This practice of targeting opportunities in the local marketplace provides direction to the sellers to pursue relevant opportunities with significant upside. Network coordinates our targeting activities with supplier partners who assist in developing co- branded marketing pieces. All sellers are held responsible to report results against their target list. A prominent part Response to: RFP 24-S824 Comprehensive Operational and Janitorial Supplies and Solutions Region 14 Education Service Center and OMNIA Partners
Information contained within is confidential and provided strictly for the evaluation of this opportunity

Page 22 ends

of the targeting process is the full utilization of the OMNIA Partners Connect platform. Network actively trains all sales reps on best practices for targeting new accounts with this robust tool.

Additional training efforts will include, but are not limited to:
• Education for entire Network Sales staff in marketing the Region 14 ESC OMNIA Agreement. • Training of Network local sales teams on the nuances of cooperative purchasing and how to best introduce the concept to our target customers.
• S chedule for training on benefits of the Network OMNIA contract, ensuring distributors have ongoing opportunities to learn and refresh values of the OMNIA Agreement. • Ongoing training to our national, regional, and local sales staff on the OMNIA Partners Agreement, including annual Network University Live and Corporate Account Summit events. • In-person visits to Network distributors across the nation to train sales staff on everything from how to sell to the OMNIA Partners’ membership to maintaining reporting compliance.

H. Provide the name, title, email and phone number for the person(s), who will be responsible for:
i. Executive Support
ii. Marketing
iii. Sales
iv. Sales Support
v. Financial Reporting
vi. Accounts Payable
vii. Contracts

• Corporate Account Director, Public Sector –
Martha Renkoski, [email protected], 224.361.2036 • Chief Sales Officer –
Natalie DePace, Chief Sales Officer, [email protected], 224.361.2146 • Executive Support –
Rebecca Barraza, Vice President Business Development, [email protected], 224.361.2174
• Corporate Accounts –
Thomas Grounds, Senior Corporate Account Director, [email protected], 224.361.2149 • Contracts and Manufacturers –
Kathi Bond, Director Category Development, [email protected], 224.361.2122 • Supplier Relationships –
Ricky Bortz, Vice President Supplier Development, [email protected], 224.361.2001 • Marketing –
Monica Saviano, Director of Marketing and Sales Operations, [email protected], 224.361.2270
• Public Sector Marketing –
Nancy Lewis, Marketing Manager, [email protected], 224.361.2010 • Sales Support –
Ryan Stoner, Corporate Account Partner, [email protected] 224.361.2115 • Finance –
Mike Johnson, Chief Financial Officer, [email protected], 224.361.2233 • Accounts Payable –
Yelena Veksler, Vice President Finance, [email protected], 224.361.2152 For specific questions about any of these responsibilities or individuals, please contact Corporate Account Director Martha Renkoski who can answer detailed queries.

Page 23 ends

I. Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team.

Martha Renkoski, Corporate Account Director for OMNIA, has over 25 years of experience in the sanitary supply and wholesale distribution industry. Specifically in the last 10 years, she has focused solely on the Public Sector and is Network Distribution’s company expert on cooperative purchasing. She brings value to Network and our customers through sales training, program development, contract knowledge, and interpersonal skills. She continues to expand her knowledge through avid engagement within the vast world of public procurement, via supplier, cooperative and procurement personnel. Furthermore, she has demonstrated highly developed organizational, territory, and account management skills during her years of service at Georgia Pacific, SCA, Strategic Market Alliance and now Network.

Martha Renkoski, Corporate Account Director, [email protected], 224.361.2036

• Chief Sales Officer –
Natalie DePace, Chief Sales Officer, [email protected], 224.361.2146 • Executive Support –
Rebecca Barraza, Vice President Business Development, [email protected], 224.361.2174 • Corporate Accounts –
Thomas Grounds, Senior Corporate Account Director, [email protected], 224.361.2149

Network Distribution is nationally represented by over 7,500 trained local outside sales reps, supported by over 32,000 inside sales/customer service/support staff. Our distributor reps work closely with manufacturers to stay current on the latest products, processes, trends and, most importantly, regulatory compliance requirements. There is no corner of the nation that is not reachable by a Network sales associate.

Each local distributor has a Champion, the subject matter expert on Network and the OMNIA contract. This Network Champion plus a Sales Champion work within each distributor to lead the charge on the Network OMNIA program and ensure their sales team is trained on the same.

Day-to-day activities are primarily handled by Network local distributor sales and customer service representatives, where each OMNIA Member will have a dedicated contact. This local support individual will be available for all service and product related questions, special item information, pricing development, and general inquiries on products or deliveries. Network local distributors will work with each individual location to provide emergency numbers and after hour contacts to ensure the ultimate service levels. As needed, additional assistance is available from the Network Corporate Customer Service Team Leader, Customer Service Manager, or Sales Leader.

I. Explain in detail how the sales teams will work with the OMNIA Partners team to implement, grow and service the national program.

Network’s existing relationship with OMNIA Partners will be a benefit in implementing and growing the Region 14 ESC OMNIA contract.

Our current relationship is based on open communication and collaboration, two tools we believe are at the root of our success. We consider the OMNIA team to be our true partners in growing and servicing public agency accounts. Network commitments include:
• Weekly meetings with the OMNIA Partner Development Team to review and grow OMNIA business including growth initiatives, schedules, implementation, etc.
• Bi-monthly meetings with the OMNIA Sales Enablement Team to schedule in-person and virtual training, plan webinars, develop content, and more.
• Marketing team monthly meetings to create new initiatives, review campaigns, develop blog content, and bolster marketing efforts.

Page 24 ends

• One-on-one meetings with the OMNIA sales team on a rolling basis, both in person and virtual; approximately one meeting each week to discuss opportunities in the marketplace. • Annual or bi-annual in person OMNIA sales team group meetings.

Network is proud to partner with OMNIA. Through seamless cooperation we work together, plan together, and grow our mutual business.

J. Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set- up, timely contract administration, etc.

As in our existing OMNIA relationship, there will be touch points at all levels and daily engagement. Our sales teams meet for the purposes of targeting, joint calls, and sharing of local information. Sales leadership for both organizations speak almost daily to address selling efforts and plan strategies. Marketing teams are developing initiatives to drive sales. Training is ongoing beyond the initial phase of contract details, there are constant updates to make sure Network and OMNIA teams are collectively informed and up to date. Additionally, the tenure of our customer service team is unrivaled.

The account set up process is seamless, for Network distributor locations and for Region 14ESC and participating public agencies.

K. State the amount of Supplier’s Public Agency sales for the previous fiscal year. Provide a list of Supplier’s top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each.

In order to maintain customer privacy, Network is unable to provide extensive customer detail or sales details.

We are glad to discuss directly if you require more information; additional information can be provided upon request to Martha Renkoski, Corporate Account Director.

Via our well-established relationship with OMNIA Partners, Network services almost 8,000 public sector customer locations in more than 40 states. Key sectors serviced include Primary and Secondary Education, Government Agencies, Non-Profit and Charitable Organizations, State and Local Government Agencies, and Healthcare. Our public agency sales are over $200 Million and include the categories within this RFP, including but not limited to Towel & Tissue, Chemicals, Skin Care, Can Liners, Janitorial Supplies, and Apparel/Safety/Gloves. Additional categories include Foodservice Disposables, Industrial Packaging, Tabletop, Smallwares, Food Service Heavy equipment, Furniture, Printing Papers, and Miscellaneous products.

Additionally, via local and statewide contracts, Network Members do an additional $750 million in annual sales volume with the same key sectors listed above.

L. Describe Supplier’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions.

Network is not limited by any information systems capabilities. We partner with regional, national, and global customers of all sizes with ordering capabilities that vary greatly.

High volume transaction processing means Network can accept and process hundreds of thousands of orders monthly from individual entities. Web Ordering is offered via a hosted ordering site or via Network maintained catalogs on customer platforms such as Oracle, Ariba, or others. Whether received online, web or punch-out, ftp, email, facsimile, postal service, via phone or will-call, each order is entered promptly and accurately.

Network’s proprietary eCommerce solution, Marketplace, was built with our customers in mind. The easy to navigate system simplifies the buying process, whether you have one location or one thousand, and allows a seamless path to procurement. Marketplace is an intuitive, multi-purpose platform to handle your organization’s Response to: RFP 24-S824 Comprehensive Operational and Janitorial Supplies and Solutions Region 14 Education Service Center and OMNIA Partners
Information contained within is confidential and provided strictly for the evaluation of this opportunity

Page 25 ends

supply ordering needs. User-friendly and dynamic, including mobile access, the platform allows your team to quickly search, browse, and order products.

With Marketplace, you can easily review shipping, order details, and payment options before placing orders. For centralized or regional control, a set user can purchase or manage budgets for multiple ship- to locations or set parameters so all orders follow corporate guidelines. Par Ordering and Par On-Hand functionality enhance the ability to proactively manage inventory levels and improve productivity. Marketplace is supported by a long list of capabilities that focus on controlling costs.
• Product images and detailed specifications
• Intuitive search functionality – Keyword, item number search, and filtering capabilities • Sustainability and contracted item flags
• Searchable order history allows you to quickly search, browse, and order products • Customizable shopping lists - User-defined favorites and personal lists • Built-in business rules to help manage contract compliance • Approval workflows including budgeting
• Flexibility to order and manage budgets for single-site or multi-site buyers • Order status tracking
• Reporting and spend analytics
• Recently viewed items feature
• Review shipping, order details, and payment options prior to placing orders • Quick reorder & checkout
• Side-by-side product comparison
• Easy punch-out integration - We have Punch-Out (cXML) ability to process the results of our customer’s transaction on our ordering site directly into their purchasing system. We have accommodated many other EDI alternatives as well as static catalogs according to customer need. • Inventory management with par levels for on-hand and ordering functions • 24/7 access – internet, tablets, phone, and laptops
In addition to our Marketplace e-commerce platform, ordering options include:
• W eb ordering system
• EDI
• Phone
• L ocal ordering system
• Fax/e-mail
• Integration with other platforms
Some of our e-commerce offerings include:
• Electronic consolidated invoicing
- Multiple sorting options, i.e., by location, by invoice number - Invoices transferred via the internet or ftp
- Consolidate into standard electronic file, i.e., delimited ASCII flat file such as .csv or .xls - Custom ASCII flat file format or XML file format available - Insertion of customer g/l codes, department, or location numbers available - Transfer via magnetic tape, disk, or cd available
• EDI and other electronic invoicing
- Edi through value added (van) or ftp
- Standard EDI 810 invoice
- Customized EDI 810 invoice available
- Invoice in standard ascii flat file format
- Transfer via internet or ftp
- Xml file format or custom ascii flat file format available payment methods - Electronic funds transfer (eft)
- Automated clearing house (ach)
- Edi 820 remittance
- Other electronic formats

Page 26 ends

M. Provide the Contract Sales (as defined in Section 12 of the OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”).

$ .00 in year one
$ .00 in year two
$ .00 in year three

To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales.

Not knowing if this is a multi-supplier award or a sole source award, it is difficult to determine what customers will purchase.

N. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public to a solicitation for Products covered under the Master Agreement.
i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners). ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal.

Detail Supplier’s strategies under these options when responding to a solicitation.

Network Distribution agrees with and will adhere to the above options when replying to a Public Agency solicitation.

Network will continue to lead with the OMNIA Partners value proposition to all public agencies and will compete based on market conditions, incorporating the various scenarios listed above.

Response to: RFP 24-S824 Comprehensive Operational and Janitorial S upplies and Solutions Region 14 Education Service Center and OMNIA Partners
Information contained within is confidential and provided strictly for the evaluation of this opportunity

Page 1 ends

Section 4 – References and Experience

In order to maintain customer privacy, Network is unable to provide extensive customer detail or sales details.

We are glad to discuss references directly if you require more information; additional information can be provided upon request to Martha Renkoski, Corporate Account Director, [email protected], 770.789.7510 Via our well-established relationship with OMNIA Partners, Network services almost 8,000 public sector customer locations in more than 40 states. Key sectors serviced include • Primary and Secondary Education
• Government Agencies
• Non-Profit and Charitable Organizations
• State Government Agencies
• Local Government Agencies
• Healthcare

Our public agency sales are over $200 Million and include the categories within this RFP, including but not limited to Towel & Tissue, Chemicals, Skin Care, Can Liners, Janitorial Supplies, and Apparel/Safety/Gloves. Additional categories include Foodservice Disposables, Industrial Packaging, Tabletop, Smallwares, Food Service Heavy equipment, Furniture, Printing Papers, and Miscellaneous products.

Additionally, via local and statewide contracts, Network Members do an additional $750 million in annual sales volume with the same key sectors listed above.

The following is an overview of Network’s experience and benefits.

For more details, view Appendix B Response to the National Program.

Page 1 ends

Section 5 – Value-Added Products and Services

Valu-Add Product and Services are addressed throughout Section 3 / Appendix B / Response.

An overview of Network Distribution Value-Adds is below:

Value-Add Products and Services:

Web Ordering – Offered via a hosted ordering site or via Network maintained catalogs on customer platforms such as Oracle, Ariba, or others. Network’s proprietary online ordering system, Marketplace, is designed with user ease in mind and has many great features to make ordering easier.

Spend Management – Includes budget reviews, recommended KPIs, program implementation, and benchmarking.

Budget support via our Web Ordering platform is supplied with order approval by customer defined dollar limits or required approval hierarchy by a supervisor(s).

Multiple Location/User Service Support – We are accustomed to dealing with a large number of users and multiple ship-to locations for each user.

Page 2 ends

Our priority is making sure that our customers are serviced in a timely and accurate manner, even under the most challenging of circumstances. Our complete presence across North America gives us quick access to over 700 warehouses of products with redundant inventories. We offer a complete supply of cleaning, janitorial, sanitation and foodservice disposables which enables us to quickly maneuver in affected regions. During a disaster event, we adjust business operations to 24/7 to account for immediate and ongoing needs (several of our key hubs already operate 24 hours a day). Orders and deliveries can be processed on-site the same day in most situations. Every local distributor has a formal Emergency Preparedness Plan that they immediately implement as needed.

Sustainability Programs – Network is a member of the U.S. Green Building Council and actively involved at the chapter level, as are many of our distributors. We have a LEED® Accredited Professional on staff who monitors sustainability trends and is closely aligned with our supplier community to stay abreast of their environmental initiatives. As a strong advocate for corporate and social responsibility, Network offers a full line of environmentally preferred products to achieve your sustainability, sanitation, and wellness goals. Network can help develop Sustainable Systems that are right for each OMNIA Member with our consultative approach to creating customized solutions.

Training is provided for key products which are regularly purchased from Network as the supplier of choice.

Additionally, local Network personnel partner with local manufacturer personnel to provide additional training at a higher level of detail and expertise.

Network University, our online and in-person training program, was designed to improve staff knowledge and performance while reducing operational costs. Network University delivers timely, relevant information on the key issues related to environmental services and facility professionals through convenient webinar sessions that are available and at each individual’s convenience. A Network University Live event takes place bi-annually with in- person group training sessions and the opportunity to interact with peers and learn from common sales and customer experiences.

In addition, Network distributors frequently host open house showcases including educational sessions, product introductions and relevant available seminars at their local warehouses.

Additional services available include:
• Manufacturer Reduction / Product Standardization
• Cost of Acquisition/Procurement Savings
• Cost of Procurement Savings
• Commitment to “Green/Sustainability” – LEED Support
• Centralized Ordering & Billing
• Facility surveys
• Program / Product Recommendations and testing
• On-site product and program training
• Facilities
• Warewashing
• Nutrition
• Laundry
• Equipment (kitchen, floor care, etc.)
• Customer Training manuals:
• EVS Cleaning – LTC
Response to: RFP 24-S824 Comprehensive Operational and Janitorial Supplies and Solutions Region 14 Education Service Center and OMNIA Partners
Information contained within is confidential and provided strictly for the evaluation of this opportunity

Page 3 ends

• EVS Cleaning – Acute Care
• Cleaning for Norovirus
• Cleaning Guest Rooms
• Cleaning Public Restrooms
• HACCP Awareness
• Bed Bug Awareness
• Dietary Cleaning - LTC
• Laundry Processes
• C.Diff Awareness
• Customized training manuals as needed
• Customized Reporting available:
• Line item detail
• Usage by location
• Summary reports
• Usage by Distributor
• KPI and CI tracking
• Ongoing product/program development:
• New product implementation
• Dispenser installments /training
• Product testing / samples

Appendix A – Required Documents

1. Antitrust Certification Statement (Tex. Government Code § 2155.005)

2. Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295)

3. Texas Government Code 2270 Verification Form

4. Any additional agreements supplier will require Participating Agencies to sign Appendix A, Doc #1

ANTITRUST CERTIFICATION STATEMENTS
(Tex. Government Code § 2155.005)
Attorney General Form
I affirm under penalty of perjury of the laws of the State of Texas that:

1. I am duly authorized to execute this Contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;

2. In connection with this proposal, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;

3. In connection with this proposal, neither I nor any representative of the Company has violated any federal antitrust law; and

4. Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of bu siness as the Company.

Company Contact
Signature
Printed Name
Address Position with Company
Official
Authorizing
Proposal
Signature
Phone
Printed Name
Fax
Position with Company
1400 American Lane, Suite 300
Network Distribution
Schaumburg IL 60173
847-803-4888
847-803-0482
Treasurer & Corporate Counsel
Daniel Ceko
Jennifer Eichorn
Proposals Manager

Appendix A, DOC # 2
Implementation of House Bill 1295
Certificate of Interested Parties (Form 1295):

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governme ntal entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Part ies form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295.

Filing Process:

Staring on January 1, 2016, the commission made available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.

The governmental entity or state agency must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. This process is known as acknowledging the certificate. The commission will post the acknowledged Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency. The posted acknowled ged form does not contain the declaration of signature information provided by the business.

A certificate will stay in the pending state until it is acknowledged by the governmental agency.

Only acknowledged certificates are posted to the commission’s website.

Electronic Filing Application:
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm Frequently Asked Questions:
https://www.ethics.state.tx.us/resources/FAQs/FAQ Form1295.php Changes to Form 1295: https://www.ethics.state.tx.us/data/filinginfo/1295Changes.pdf Network Distribution has completed the certificate for interested parties with the state of Texas. Unique Certificate Identifier: 2024-1142628. For questions, please contact Daniel Ceko, Network Treasurer and Corporate Counsel.

Appendix A, DOC # 3
Texas Government Code 2270 Verification Form
House Bill 89 (85R Legislative Session), which adds Chapter 2270 to the Texas Government Code, provides that a governmental entity may not enter into a contract with a company without verification that the contracting vendor does not and will not boycott I srael during the term of the contract.

Furthermore, Senate Bill 252 (85R Legislative Session), which amends Chapter 2252 of the Texas Government Code to add Subchapter F, prohibits contracting with a company engaged in business with Iran, Sudan or a foreign terrorist organization identified on a list prepared by the Texas Comptroller.

I, ____________________, as an authorized representative of ___________________________________________, a contractor engaged by Insert Name of Company
Region 14 Education Service Center, 1850 Highway 351, Abilene, Texas 79601 , verify by this writing that the above-named company affirms that it (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract, or any contract with the above -named Texas governmental entity in the future.

Also, our company is not listed on and we do not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf.

I further affirm that if our company's position on this issue is reversed and this affirmation is no longer valid, that the above-named Texas governmental entity will be notified in writing within one (1) business day and we understand that our company's f ailure to affirm and comply with the requirements of Texas Government Code 2270 et seq. shall be grounds for immediate contract termination without penalty to the above-named Texas governmental entity.

I swear and affirm that the above is true and correct.
______________________________________________ ________________ Signature of Named Authorized Company Representative Date Jennifer Eichorn
Network Distribution
04/02/2024
Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

Exhibit F
Federal Funds Certifications

FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT

TO WHOM IT MAY CONCERN:

Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned.

DEFINITIONS
Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non –Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward

Contractor means an entity that receives a contract as defined in Contract.

Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302 –6305:
(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non–Federal entity to carry out a public purpose authorized by a law of the United State s (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use;
(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non –Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include:
(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only:
(i) Direct United States Government cash assistance to an individual; (ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) Insurance.

Federal awarding agency means the Federal agency that provides a Federal award directly to a non –Federal entity

Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a)(1) The Federal financial assistance that a non –Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability; or (2) The cost -reimbursement contract under the Federal Acquisition Regulations that a non –Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity, as described in § 200.101 Applicability.
(b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.

Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

that carries out a Federal award as a recipient or subrecipient.

Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (b) Is not organized primarily for profit; and
(c) Uses net proceeds to maintain, improve, or expand the operations of the organization.

Obligations means, when used in connection with a non –Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period.

Pass-through entity means a non –Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.

Recipient means a non–Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients.

Simplified acquisition threshold means the dollar amount below which a non –Federal entity may purchase property or services using small purchase methods. Non –Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of th is part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro-purchase.)

Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass -through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

Subrecipient means a non –Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.

Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance.

The following provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Per FAR 52.204 -24 and FAR 52.204 -25, solicitations and resultant contracts shall contain the following provisions.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)
The Supplier shall not complete the representation at paragraph (d)(1) of this provision if the Supplier has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1 ) in the provision at 52.204-26, Covered Telecommunications Equipment or Services —Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Supplier Representations and Certifications-Commercial Items. The Supplier shall not complete the representation in paragraph (d)(2) of this provision if the Supplier has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2 ) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a) Definitions. As used in this provision—
Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115 -232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services a s a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115 - 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition appl ies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Supplier shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Supplier represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Supplier shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Supplier responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Supplier represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Supplier shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Supplier responds "does" in paragraph (d)(2) of this section. (e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Supplier has responded "will" in the representation in paragraph (d)(1) of this provision, the Supplier shall provide the following information as part of the offer. (i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Supplier has responded "does" in the representation in paragraph (d)(2) of this provision, the Supplier shall provide the following information as part of the offer:
(i) For covered equipment—
Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020).
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means– (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corp oration, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation , reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115 -232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohib ited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception a t paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115 - 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception a t paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinit e delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Ent ity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to preven t use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commer cial items.

The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Re gulations Co uncil (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does supplier agree? YES Initials of Authorized Representative of supplier

(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Supplier as detailed in the terms of the contract.

Does supplier agree? YES Initials of Authorized Representative of supplier

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does supplier agree to abide by the above? YES Initials of Authorized Representative of supplier

(D) Davis-Bacon Ac t, as amended (40 U.S.C. 3141-3148). Wh en required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Ap plicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, supplier will be in compliance with all applicable Davis-Bacon Act provisions.

Does supplier agree? YES Initials of Authorized Representative of supplier

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of s upplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, supplier certifies that supplier will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.

Does supplier agree? YES Initials of Authorized Representative of supplier

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the supplier certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the supplier agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

Does supplier agree? YES Initials of Authorized Representative of supplier

(G) Clean Air Act (42 U.S.C. 7401-7671q.) a nd the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA)

In the event Federal Transit Administration (FTA) or Department of Transportation (DOT) funding is used by Participating Publ ic Agency, Supplier also agrees to include Clean Air and Clean Water requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the supplier certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the supplier agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

Does supplier agree? YES Initials of Authorized Representative of supplier

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the supplier certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the supplier certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the supplier or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the supplier will notify the Participating Agency.

Does supplier agree? YES Initials of Authorized Representative of supplier

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the supplier certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the supplier certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuatio n, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attem pting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or ente red into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 135 2, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(3) The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the la nguage of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shal l certify and disclose accordingly.

Does supplier agree? YES Initials of Authorized Representative of supplier

RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS

When federal funds are expended by Participating Agency for any contract resulting from this procurement process, supplier certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The supplier further certifies that supplier will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

Does supplier agree? YES Initials of Authorized Representative of supplier

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, supplier certifies that it will 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 (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

Does supplier agree? YES Initials of Authorized Representative of supplier

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS

To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, supplier certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request .

Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Additionally:

(1) The Contractor agrees to comply with 49 USC 5323(j) and 49 CFR Part 661, which provide that federal funds may not be obligated unless steel, iron and manufactured products used in FTA -funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7.A general public interest waiver from the Buy America requirements applies to microprocessors, computers, microcomputers, software or other such devices, which are used solely for the purpose of processing or storing data. This general waiver doe s not extend to a product or device that merely contains a microprocessor or microcomputer and is not used solely for the purpose of processing or storing data. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11.
(2) A bidder or supplier must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA - funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected a s nonresponsive. This requirement does not apply to lower tier subcontractors.

The following certificates titled FTA and DOT Buy America Certification should be completed and returned with the response as part of FTA and DOT requirements.

FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENTOF ROLLING STOCK

CERTIFICATE OF COMPLIANCE
(select one of the two options, NOT BOTH)
Certificate of Compliance with 49 USC §5323(j)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and the applicable regulations of 49 CFR 661.11.

Check for YES:

Certificate of Non-Compliance with 49 USC §5323(j)
The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but may qualify for an exception to the requirement consistent with 49 U.S.C. 5323(j)(2)(C), and the applicable regulations in 49 CFR 661.7.

Check for YES:

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL OR MANUFACTURED PRODUCTS

CERTIFICATE OF COMPLIANCE (select one of the two options, NOT BOTH) Certificate of Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 CFR part 661.

Check for YES:

Certificate of Non-Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exc eption to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 CFR 661.7.

Check for YES:

Does supplier agree? YES Initials of Authorized Representative of supplier

Supplier’s Name: ___________________________________________________________________________________ Address, City, State, and Zip Code: ________________________________________________________________________ Phone Number: __________________________________
Fax Number: ______________________________________

Printed Name and Title of Authorized Represent ative: _____________________________________________________________________ Email Address: __________________________________________________________________________________ Signature of Authorized Representative: ____________________________________ Date: _____________________________

CERTIFICATION OF COMPLIANCE WITH BUY AMERICAN PROVISIONS

7 CFR Part 210.21 School Lunch Procurement.

The school food authority must include the following provisions in all cost reimbursable contracts, including contracts with cost reimbursable provisions, and in solicitation documents prepared to obtain offers for such contracts:
(i) Allowable costs will be paid from the nonprofit school food service account to the contractor net of all discounts, rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the school food authority; (ii)
(A) The contractor must separately identify for each cost submitted for payment to the school food authority the amount of that cost that is allowable (can be paid from the nonprofit school food service account) and the amount that is unallowable (cannot be paid from the nonprofit school food service account); or (B) The contractor must exclude all unallowable costs from its billing documents and certify that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated costs in a manner suitable for contract cost determination and verification; (iii) The contractor's determination of its allowable costs must be made in compliance with the applicable Departmental and Program regulations and Office of Management and Budget cost circulars; Network Distribution
1400 American Lane, Suite 300 Schaumburg IL 60173
847-803-4888
847-803-0482
Jennifer Eichorn
[email protected]
04-02-2024
Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

(iv) The contractor must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the school food authority for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit. If approved by the State agency, the school food authority may permit the contractor to report this information on a less frequent basis than monthly, but no less frequently than annually; (v) The contractor must identify the method by which it will report discounts, rebates and other applicable credits allocable to the contract that are not reported prior to conclusion of the contract; and (vi) The contractor must maintain documentation of costs and discounts, rebates and other applicable credits, and must furnish such documentation upon request to the school food authority, the State agency, or the Department.

Unless Supplier is exempt (See FAR 25.103), when authorized by statute or explicitly indicated by Participating Public Agency, Buy American requirements will apply where only unmanufactured construction material mined or produced in the United States shall be used (see Subpart 25.6 – American Recovery and Reinvestment Act-Buy American statute for additional details).

CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336

Supplier agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of supplier that are pertinent to supplier’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to supplier’s personnel for the purpose of interview and discussion relating to such documents.

Does supplier agree? YES Initials of Authorized Representative of supplier

CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS

Supplier agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.

Does supplier agree? YES Initials of Authorized Representative of supplier

COMMUNITY DEVELOPMENT BLOCK GRANTS

Purchases made under this contract may be partially or fully funded with federal grant funds. Funding for this work may inclu de Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development. When such funding is provided, Supplier shall comply with all terms, conditions and requirements enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever is the more restrictive requirement. When using Federal Funding, Supplier shall comply with all wage and latest reporting provisions of the Federal Davis-Bacon Act. HUD-4010 Labor Provisions also applies to this contract.

Does supplier agree? YES Initials of Authorized Representative of supplier

Supplier agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that supplier certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Supplier’s Name:
____________________________________________________________________________________________

Address, City, State, and Zip Code:
_____________________________________________________________________________ Network Distribution
1400 American Lane, Suite 300 Schaumburg IL 60173
Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

Phone Number: ________________________________ Fax Number: ______________________________________

Printed Name and Title of Authorized Represent ative:
_____________________________________________________________________

Email Address:
____________________________________________________________________________________________

Signature of Authorized Representative: ____________________________________Date: _____________________________

847-803-4888
847-803-0482
Jennifer Eichorn, Proposals Manager
[email protected]
04-02-2024

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS

Awarded Supplier(s) (also referred to as Contractors) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, van dalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA and Additional Federal Funding Special Conditions required by the Federal Emergency Management Agency (FEMA) and other federal entities.

“Contract” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”.

“Contractor” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.

Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.3 18(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an orga nization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.

Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R.

Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level.

Notice of Legal Matters Affecting the Federal Government In the event FTA or DOT funding is used by Participating Public Agency, Contractor agrees to:
1) The Contractor agrees that if a current or prospective legal matter that may affect the Federal Government emerges, the Contractor shall promptly notify the Participating Public Agency of the legal matter in accordance with 2 C.F.R. §§ 180.220 and 1200.220.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

2) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.

3) The Contractor further agrees to include the above clause in each subcontract, at every tier, financed in whole or in part with Federal assistance provided by the FTA.

Public Policy
A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7 c. Applicable prevailing wage laws, regulations, and executive orders

Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Prevailing Wage Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis -Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.

Federal Requirements
If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses

1. CONTRACT REMEDIES
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below which an NFE may purchase property or services using small purchase methods, currently set at $250,000 for procurements made on or after June 20, 2018,4 mus t address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and must provide for sanctions and penalties as appropriate.

1.1 Applicability
Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

This contract provision is required for contracts over the SAT, currently set at $250,000 for procurements made on or after June 20, 2018. Although not required for contracts at or below the SAT, FEMA suggests including a remedies provision.

1.2 Additional Considerations
For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG -funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract’s specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov.

2. TERMINATION FOR CAUSE AND CONVENIENCE

a. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B).

b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

3. EQUAL EMPLOYMENT OPPORTUNITY

When applicable:

a. Standard. Except as otherwise provided under 41 C.F.R. Part 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 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).

b. Key Definitions.

i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-

1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause.

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientati on, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to su ch information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contr actor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into su ch litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

4. DAVIS-BACON ACT

a. Standard. 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 at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). 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.

b. Applicability. The Davis -Bacon Act applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program.

c. Requirements. If applicable, the non-federal entity must do the following:

i. 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 susp ected or reported violations to the Federal awarding agency.

ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the Davis-Bacon Act, must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited f rom inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to FEMA.

iii. Include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141 - 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

Suggested Language . The following provides a sample contract clause:

Compliance with the Davis-Bacon Act.
a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141 - Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

b. Contractors are 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.

c. Additionally, contractors are required to pay wages not less than once a week.

5. COPELAND ANTI-KICKBACK ACT

a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program.

c. Requirements. If applicable, the non -federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Build ing or Public Work Financed in Whole or in Part by Loans or Grants from the United States). 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 rep orted violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti -Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.

Sample Language. The following provides a sample contract clause:

Compliance with the Copeland “Anti-Kickback” Act.
a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

c. Breach. A breach of the contract clauses above may be grounds for Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.”

6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provide d 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. Further, no laborer or mechanic must be required to work in surroundings or under working co nditions which are unsanitary, hazardous, or dangerous.

b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

c. Suggested Language . The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause:

Compliance with the Contract Work Hours and Safety Standards Act.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of
$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency or loan/grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT

a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).

b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”

c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT

a. Standard. If applicable, contracts must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 -1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).

b. Applicability. This requirement applies to contracts awarded by a non -federal entity of Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

amounts in excess of $150,000 under a federal grant.

c. Suggested Language. The following provides a sample contract clause.

Clean Air Act

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act

1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Ag ency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

9. DEBARMENT AND SUSPENSION

a. Standard. Non -Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension).

b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

c. Requirements.

i. These regulations restrict awards, subawards, and contracts with certain parties Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530.

ii. In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any non -procurement transaction (unless excepted) at either a “primary” or “secondary” tier. Although “covered transactions” do not include contracts awarded by the Federal Government for purposes of the non -procurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients and subrecipients.

iii. Specifically, a covered transaction includes the following contracts for goods or services:

1. The contract is awarded by a recipient or subrecipient in the amount of at least $25,000.

2. The contract requires the approval of FEMA, regardless of amount.

3. The contract is for federally-required audit services.

4. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000.

d. Suggested Language. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified.

Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(3) This certification is a material representation of fact relied upon by the Participating Public Agency. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

available to the Participating Public Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

1 0. BYRD ANTI-LOBBYING AMENDMENT

a. Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant or any othe r award covered by 31 U.S.C. § 1352.

FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency.

b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18.

c. Suggested Language.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or att empting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

d. Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a M ember of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
Network Distribution
Jennifer Eichorn, Proposals Manager
04-02-2024

Appendix B – OMNIA Partners Exhibits
1 1. PROCUREMENT OF RECOVERED MATERIALS

a. Standard. 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. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. § 200.322.

b. Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs.

c. Requirements. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

d. Suggested Language.

i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

1. Competitively within a timeframe providing for compliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.

ii. Information about this requirement, along with the list of EPA - designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

12. DOMESTIC PREFERENCES FOR PROCUREMENTS

As appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.

Applicability For purchases in support of FEMA declarations and awards issued on or after November 12, 2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements.

Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non -ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.”

13. ACCESS TO RECORDS

a. Standard. All recipients, subrecipients, successors, transferees, and assignees must Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance.

See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non -profit for acti vities made pursuant to a contract that purports to prohibit audits or inte rnal reviews by the FEMA administrator or Comptroller General.

Access to Records. The following access to records requirements apply to this contract:

i. The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
ii. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. iii. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

iv. In compliance with the Disaster Recovery Act of 2018, the Participating Public Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

14. CHANGES

a. Standard. To be eligible for FEMA assistance under the non -Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.

b. Applicability. FEMA recommends, therefore, that a non -Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.

15. DHS SEAL, LOGO, AND FLAGS

a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018).

b. Applicability. FEMA recommends that all non -Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

c. “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

16. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS

a. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders.

b. Applicability. FEMA recommends that all non-Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives.

c. “This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”

17. NO OBLIGATION BY FEDERAL GOVERNMENT

a. Standard. FEMA is not a party to any transaction between the recipient and its contractor.

FEMA is not subject to any obligations or liable to any party for any matter relating to the contract.

b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

c. “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”

18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR

RELATED ACTS

a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801 -3812, which details the administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.

b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.

c. “The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”

d. In the event FTA or DOT funding is used by a Participating Public Agency, Contractor further acknowledges U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, and apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accu racy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

Supplier agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation.

Supplier’s Name: ______________________________________________

Address, City, State, and Zip Code:
_____________________________________________________________________________

Phone Number: ________________________ Fax Number: ______________________________

Printed Name and Title of Authorized Representative:
____________________________________________________________

Email Address: _____________________________________________

Signature of Authorized Representative: ____________________________________

Date: ________________________________

FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT)

SPECIAL CONDITIONS
Awarded Supplier(s) (also referred to as Contractors) may be asked to provide products and services to agencies following Federal Transit Administration and/or Department of Transportation requirements. By submitting a response, the Supplier is accepting these FTA and DOT Special Conditions.

NO GOVERNMENT OBLIGATION TO THIRD PARTIES
These requirements do not apply to micro -purchases ($10,000 or less, except for construction contracts over $2,000).
(1) The Participating Public Agency and contractor/vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the purchaser, contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

Network Distribution
1400 American Lane, Suite 300 Schaumburg IL 60173
847-803-4888
847-803-0482
Jennifer Eichorn, Proposals Manager
[email protected]
04-02-2024

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

(2) The contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS These requirements do not apply to micro -purchases ($10,000 or less, except for construction contracts over $2,000)
(1) The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies, “49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contr act, the contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being perfor med. In addition to other penalties that may be applicable, the contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the contractor to the extent the Federal Government deems appropriate. (2) The contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. § 5323(l) on the contractor, to the extent the Federal Government deems appropriate. (3) The contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

ACCESS TO RECORDS AND REPORTS
(1) Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub -agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. (2) Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) y ears after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
(3) Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. (4) Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

FEDERAL CHANGES
(1) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract.

Contractor's failure to so comply shall constitute a material breach of this Contract.

Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of c laims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation , appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy exce rpts and transcriptions as reasonably needed for the purpose of audit and examination.

FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR

18.39 (a)(11).

CIVIL RIGHTS / TITLE VI REQUIREMENTS
The Participating Public Agency is an Equal Opportunity Employer. As such, the Participating Public Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Participating Public Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.

Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. (1) Nondiscrimination – In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 20000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the contractor agre es to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity – The following equal employment opportunity requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex . In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants ar e employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 -634, U.S.

Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §4151 et seq ., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The contractor also agrees to include these requirements in each subcontract financed whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

INCORPORATION OF FTA 4220.1F TERMS
(1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA -mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contracto r shall not perform any act, fail to perform any act, or refuse to comply with any Participating Public Agency request, which would cause the Participating Public Agency to be in violation of the FTA terms and conditions. (2) Flow Down – The incorporation of FTA terms has unlimited flow down.

DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;

2) Assessing sanctions;

3) Liquidated damages; and/or

4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

5) Non-Discrimination Assurances . Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.

Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate.

Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).

6) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contr actor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non -DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performi ng Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of Participating Public Agency.

7) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of wheth er a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.

ENERGY CONSERVATION REQUIREMENTS

Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, da ted November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA -mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.

The contractor sh all not perform any act, fail to perform any act, or refuse to comply with any Participating Public Agency request, which would cause the Participating Public Agency to be in violation of the FTA terms and conditions.

2) Flow Down – The incorporation of FTA terms has unlimited flow down.

SUSPENSION AND DEBARMENT
The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S.

Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government Wide Debarment and Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently decl ared by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGE NCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES

Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Gove rnment is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

CARGO PREFERENCE REQUIREMENTS
Use of United States-Flag Vessels. The contractor agrees:
1) To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels.

2) To furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington D.C. 20590 and the FTA recipient (through the contractor in the case of a subcontractor’s bill-of lading).

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

CONFORMANCE WITH ITS NATIONAL ARCHITECTURE
When applicable:
1) Contractor shall conform, to the extent applicable, to the National Intelligent Transportation Standards architecture as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 and as amended by MAP-21 23 U.S.C. § 517(d), note and follow the provisions of FTA Notice, “FTA National Architecture Policy on Transit Projects,” 66 Fed. Reg.1455 et seq., Janua ry 8, 2001, and any other implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing.

ADA ACCESS
1) In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

SAFE OPERATION OF MOTOR VEHICLES
1) Seat Belt Use - The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company- rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or Participating Public Agency.

2) Distracted Driver - The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver ow ns or rents, a vehicle Contactor owns, leases, or rents, or a privately -owned vehicle when on official business in connection with the work performed under this agreement.

PROMPT PAYMENT
1) The Prime Contractor shall pay any Subcontractor for work that has been satisfactorily performed no later than thirty (30) days from the date of the Prime Contractor’s receipt of each payment made by the Participating Public Agency. Additionally, within th irty (30) days of satisfactory completion of all work required of the Subcontractor, the Prime Contractor shall release any retainage payments withheld to the Subcontractor.

FTA PROTEST NOTIFICATION
A protestant must exhaust all Participating Public Agency Procurement administrative procedures and remedies before pursuing a protest with the FTA.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

1) Any and all protests shall be in writing and shall be filed with the Purchasing Manager with the Participating Public Agency. A protest relating to the process for determining the most responsive and responsible contractor shall be filed within five (5) business days after the protestor knows or should have known the basis of the determination. The Contract Officer shall respon d to a protest within fourteen (14) calendar days after the receipt of the protest. The Purchasing Manager may grant the Contract Officer an extension for the response if warranted. A request for reconsideration of any and all determinations by the Contract Officer shall be filed with the Purchasing Manager within seven (7) calendar days after the receipt of the determination.

2) A protest shall include:

a. The name, address, and telephone number, including FAX number if available, of the protestor;

b. The signature of the protestor or authorized representative;

c. Identification of the contract/solicitation;

d. A detailed statement of the legal and/or factual grounds of protest including copies and/or citations of relevant documents, and;

e. The form of relief requested.

3) If any of the above information is omitted or incomplete, then the Protestor shall be notified, in writing, within two (2) calendar days after that determination, and the Protestor shall have two (2) calendar days in which to remedy the specified problem.

4) The Participating Public Agency will not make award prior to the resolution of a protest, or open bids prior to resolution of a protest filed before bid opening unless the Purchasing Manager determines in writing that it is in the best interests of the Participating Public Agency or in keeping with Item 7 of this procedure to do otherwise. Potential contractors will be advised of a pending protest if the protest is filed before award.

5) The Purchasing Manager may allow for an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties include all bidding contractors, and may also include a subcontractor or supplier provided they have a substantial economic interest in a portion of the IFB or RFP.

6) The Purchasing Manager shall respond "in writing", in detail, to each substantial issue raised in the protest. The Purchasing Manager has the sole authority to make determinations for the Participating Public Agency, and a determination shall be considered final when it is labeled as such. A request for reconsideration will be allowed by the Purchasing Manager if he determines that data has become available that was not previously known, or that there has been an error of law or regulation.

7) The Participating Public Agency may proceed with procurement when a protest is pending if the Participating Public Agency determines that:

a. The items to be procured are urgently required;

b. Delivery or performance will be unduly delayed by failure to make the award promptly; or

c. Failure to make award will otherwise cause undue harm to the grantee for the Federal Government.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

8) FTA will only entertain a protest that alleges:

a. The Participating Public Agency failed to have or to adhere to its protest procedures, or failed to review a complaint or protest; or

b. Violations of Federal law or regulation.

9) A protest to FTA must be filed in accordance with FTA Circular 4220.1F, available from the Contract Officer. Specifically, protestors shall file a protest with FTA Region 9 or FTA Headquarters Office no later than five (5) days after a final decision is rendered under the Participating Public Agency's protest procedure. In instances where the protestor alleges that the Participating Public Agency failed to make a final determination on the protest, protestors shall file a protest with FTA not later than five (5) calendar days after the protester knew or should have known of the grantee's failure to render a final determination on the protest.

A protest filed with FTA shall:

a. Include the name and address of the protestor.

b. Identify the grantee, project number, and the number of the contract solicitation.

c. Contain a statement of the grounds for protest and any supporting documentation. This should detail the alleged failure to have or adhere to protest procedures, failure to review a complaint or protest; or Violation of Federal law or regulation.

Include a copy of the local protest filed with the grantee and a copy of the grantee's decision, if any.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

Exhibit G
New Jersey Business Compliance

NEW JERSEY BUSINESS COMPLIANCE

Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All suppliers submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the supplier’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners’ ability to promote the Master Agreement in the State of New Jersey.

DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Disclosure of Investment Activities in Iran, Russia and Belarus DOC #7 New Jersey Business Registration Certificate
DOC #8 EEOAA Evidence
DOC #9 MacBride Principals Form

New Jersey suppliers are required to comply with the following New Jersey statutes when applicable:

• all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38;

• Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act;

• Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and

• Bid and Performance Security, as required by the applicable municipal or state statutes.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024
DOC #1

STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions.

Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:

Organization Address:

Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV) Non-Profit Corporation (skip Parts II and III, execute certification in Part IV) For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership Limited Partnership Limited Liability Partnership (LLP) Other (be specific): ______________________________________________ Part II
 The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION) OR
 No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV) (Please attach additional sheets if more space is needed):

Name of Individual or Business Entity Home Address (for Individuals) or Business Address Network Distribution
1400 American Lane, Suite 300 Schaumburg IL 60173

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,

PARTNERS OR LLC MEMBERS LISTED IN PART II

If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s

Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and Corresponding
Entity Listed in Part II
Home Address (for Individuals) or Business Address

Part IV Certification

I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the <name of contracting unit> is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with <type of contracting unit> to notify the <type of contracting unit> in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the <type of contracting unit> to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

Proposals Manager
Jennifer Eichorn
04-02-2024

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

DOC #2

NON-COLLUSION AFFIDAVIT

STANDARD BID DOCUMENT REFERENCE
Reference: VII-H

Name of Form: NON-COLLUSION AFFIDAVIT
Statutory Reference: No specific statutory reference
State Statutory Reference N.J.S.A. 52:34-15
Instructions Reference: Statutory and Other Requirements VII-H Description:

The Owner’s use of this form is optional. It is used to ensure that the bidder has not participated in any collusion with any other bidder or Owner representative or otherwise taken any action in restraint of free and competitive bidding.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

DOC #3

AFFIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)

Company Name:

Street:

City, State, Zip Code:

Proposal Certification:

Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met.

Required Affirmative Action Evidence:

Procurement, Professional & Service Contracts (Exhibit A)

Vendors must submit with proposal:

1. A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);

2. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4;

3. A photocopy of an Employee Information Report (Form AA302) provided by the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.

Public Work – Over $50,000 Total Project Cost:

A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201. A project contract ID number will be assigned to your firm upon receipt of the completed Initial Project Workforce Report (AA201) for this contract.

B. Approved Federal or New Jersey Plan – certificate enclosed

I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.

_______________________ _________________________________ Date Authorized Signature and Title Network Distribution
1400 American Lane, Suite 300
Schaumburg IL 60173
04-02-2024

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

DOC #3, continued

P.L. 1995, c. 127 (N.J.A.C. 17:27)

MANDATORY AFFIRMATIVE ACTION LANGUAGE

PROCUREMENT, PROFESSIONAL AND SERVICE

CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexua l orientation. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for tra ining, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.

The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27 -5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.

The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, colo r, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job -related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay -off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex , affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).

________________________________________________
Signature of Procurement Agent

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

DOC #4

C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM

Public Agency Instructions

This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006 -1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns 2006.html ). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.

1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7).

2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed.

3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.

Resolutions of award should reflect that the disclosure has been received and is on file.

4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and vario us state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay -to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12.

They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county -based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.

These submissions are appropriate and should be accepted. d. The form may be used “as-is”, subject to edits as described herein. e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document.

5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business En tity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006-7 for additional information on this obligation at http://www.nj.gov/dca/divisions/dlgs/resources/lfns 2006.html ). A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

DOC #4, continued

C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM

Contractor Instructions

Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-

20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:

• any State, county, or municipal committee of a political party • any legislative leadership committee*
• any continuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located o of another public entity within that county
o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county

The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.

N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:
• individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs).

When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [ N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.

Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.

The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.

The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.

The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.

* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.” Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

DOC #4, continued

C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26

This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract.

Part I – Vendor Information
Vendor Name:

Address:

City: State: Zip:

The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.

_______________________ _______________________ ________________________ Signature Printed Name Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.  Check here if disclosure is provided in electronic form Contributor Name Recipient Name Date Dollar Amount
$

 Check here if the information is continued on subsequent page(s) Network Distribution
1400 American Lane, Suite 300
Schaumburg IL 60173
IL
60173
Jennifer Eichorn
Proposals Manager
Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

DOC #4, continued

List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26

County Name:

State: Governor, and Legislative Leadership Committees
Legislative District #s:

State Senator and two members of the General Assembly per district.

County:

Freeholders County Clerk Sheriff
{County Executive} Surrogate

Municipalities (Mayor and members of governing body, regardless of title):

USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD

FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.

Appendix B – OMNIA Partners Exhibits
Version January 12, 2024

DOC #7

NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
(N.J.S.A. 52:32-44)

Suppliers wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Supplier from offering products or services in New Jersey through any resulting contract.

https://www.njportal.com/DOR/BusinessRegistration/

Appendix B – OMNIA Partners Exhibits
Version June 16, 2023

DOC #8

EEOAA EVIDENCE

Equal Employment Opportunity/Affirmative Action
Goods, Professional Services & General Service Projects

EEO/AA Evidence

Vendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 in order to be considered a responsible vendor.

One of the following must be included with submission:

• Copy of Letter of Federal Approval
• Certificate of Employee Information Report
• Fully Executed Form AA302
• Fully Executed EEO-1 Report

See the guidelines at:
https://www.state.nj.us/treasury/contract_compliance/documents/pdf/guidelines/pa. pdf for further information.

I certify that my bid package includes the required evidence per the above list and State website.

Name: ___________________________ Title: _____________________

Signature: ________________________ Date: _____________________

Jennifer Eichorn
Proposals Manager
04-02-2024
EQUAL EMPLOYMENT OPPORTUNITYCO=
U=

SECTION C - TEST FOR FILING REQUIREMENTSECTION B - COMPANY IDENTIFICATION

2.a.1.

SECTION E - ESTABLISHMENT INFORMATION
c.

SECTION D - EMPLOYMENT DATA

NOT-HISPANIC OR LATINOHISPANIC OR
LATINO * * * * * * * * * * * FEMALE * * * * * * * * * * ** * * * * * * * * * * * MALE * * * * * * * * * * * *

OVERALL

TOTALSTWO
OR
MORE

RACESNATIVE

ALASKAN

NDIAN OR

AMERICAN
ASIAN

ISLANDER

PACIFIC
OR
NATIVE

HAWAIIANBLACK OR

AFRICAN

AMERICAN
WHITE
TWO
OR
MORE

RACESNATIVE

ALASKAN

INDIAN OR

AMERICAN
ASIAN
NATIVE

HAWAIIAN

PACIFIC
OR

ISLANDER

BLACK OR

AFRICAN

AMERICAN

WHITEFEMALEMALE

JOB CATEGORIES

EXECUTIVE/SR OFFICIALS & MGRS

FIRST/MID OFFICIALS & MGRS

PROFESSIONALS

TECHNICIANS

SALES WORKERS

ADMINISTRATIVE SUPPORT

CRAFT WORKERS

OPERATIVES

LABORERS & HELPERS

SERVICE WORKERS
TOTAL

PREVIOUS REPORT TOTAL

SECTION F - REMARKS
A536053
A536053 2021 EMPLOYER INFORMATION REPORT EEO-1

SINGLE ESTABLISHMENT REPORT

NETWORK SERVICES COMPANY
1100 E WOODFIELD ROAD
SUITE 200
SCHAUMBURG, IL 60173

NETWORK SERVICES COMPANY
1100 E WOODFIELD ROAD
SUITE 200
SCHAUMBURG, IL 60173
EIN= 042579155
1- Y 2- N 3- N DUNS=
NAICS: 423990 - Other Miscellaneous Durable Goods
Merchant Wholesalers
0 0
1 0
1 1
0 0
0 0
3 2
0 2
2 0
1 8
0 0
0 0
13 14
11 8
17 0
14 13
0 0
0 1
64 62
0 0
3 0
1 2
0 0
0 0
6 5
0 0
0 0
0 0
0 0
0 0
0 0
0 2
7 1
0 4
0 0
0 0
14 15
0 0
0 0
0 0
0 0
0 0
0 0
0 0
1 0
0 0
0 0
0 0
1 0
5 24
10 0
5 55
0 0
0 0
99 96
0 0
1 0
0 7
0 0
0 0
8 6
0 0
0 0
0 1
0 0
0 0
1 1
0 0
4 0
0 5
0 0
0 0
9 8
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 1
0 0
0 0
1 2
16 36
46 1
22 97
0 0
0 1
219
211

DATES OF PAYROLL PERIOD: 10/4/2021 THRU 10/17/2021
SECTION G - CERTIFICATION CERTIFIED DATE [EST]: 5/13/2022 6:26 PM CERTIFYING OFFICIAL: Johanna Flores
EMAIL: [email protected]
EEO1 REPORT CONTACT PERSON: Johanna Flores
EMAIL: [email protected]
TITLE: HR Manager
PHONE: 224-361-2153
TITLE: HR Manager
PHONE: 224-361-2153
FIN:201-10\aw\jkb\H:\COMMON\Council\2025\Facilities\07082025 Citywide Janitorial Supply Contract - Attachment 1.docx

Thousand Oaks City CouncilJuly 8, 2025

Thousand Oaks City Council
July 8, 2025