EXHIBIT H
ADVERTISING COMPLIANCE REQUIREMENT
Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with OMNIA Partners, Public Sector and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes:
Nationwide:
State of Alabama State of Hawaii State of
Massachusetts
State of New Mexico State of South
Dakota
State of Alaska State of Idaho State of Michigan State of New York State of Tennessee
State of Arizona State of Illinois State of Minnesota State of North Carolina
State of Texas
State of
Arkansas
State of Indiana State of Mississippi State of North
Dakota
State of Utah
State of
California
State of Iowa State of Missouri State of Ohio State of
Vermont
State of Colorado State of Kansas State of Montana State of Oklahoma State of Virginia State of
Connecticut
State of
Kentucky
State of Nebraska State of Oregon State of
Washington
State of
Delaware
State of
Louisiana
State of Nevada State of
Pennsylvania
State of West
Virginia
State of Florida State of Maine State of New
Hampshire
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Island
State of
Wisconsin
State of Georgia State of
Maryland
State of New
Jersey
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Carolina
State of
Wyoming
District of
Columbia
Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments.
Certain Public Agencies and Political Subdivisions:
CITIES, TOWNS, VILLAGES AND BOROUGHS
INCLUDING BUT NOT LIMITED TO:
BAKER CITY GOLF COURSE, OR
CITY OF ADAIR VILLAGE, OR
CITY OF ASHLAND, OR
CITY OF AUMSVILLE, OR
CITY OF AURORA, OR
CITY OF BAKER, OR
CITY OF BATON ROUGE, LA
CITY OF BEAVERTON, OR
CITY OF BEND, OR
CITY OF BOARDMAN, OR
CITY OF BONANAZA, OR
CITY OF BOSSIER CITY, LA
CITY OF BROOKINGS, OR
CITY OF BURNS, OR
CITY OF CANBY, OR
CITY OF CANYONVILLE, OR
CITY OF CLATSKANIE, OR
CITY OF COBURG, OR
CITY OF CONDON, OR
CITY OF COQUILLE, OR
CITY OF CORVALLI, OR
CITY OF CORVALLIS PARKS AND RECREATION
DEPARTMENT, OR
CITY OF COTTAGE GROVE, OR
CITY OF DONALD, OR
CITY OF EUGENE, OR
CITY OF FOREST GROVE, OR
CITY OF GOLD HILL, OR
CITY OF GRANTS PASS, OR
CITY OF GRESHAM, OR
CITY OF HILLSBORO, OR
CITY OF INDEPENDENCE, OR
CITY AND COUNTY OF HONOLULU, HI
CITY OF KENNER, LA
CITY OF LA GRANDE, OR
CITY OF LAFAYETTE, LA
CITY OF LAKE CHARLES, OR
CITY OF LEBANON, OR
CITY OF MCMINNVILLE, OR
CITY OF MEDFORD, OR
CITY OF METAIRIE, LA
CITY OF MILL CITY, OR
CITY OF MILWAUKIE, OR
CITY OF MONROE, LA
CITY OF MOSIER, OR
CITY OF NEW ORLEANS, LA
CITY OF NORTH PLAINS, OR
CITY OF OREGON CITY, OR
1274
Company Summary
Printed By:Scott Silitsky
Date Printed:March 12, 2020
LIVE REPORT Currency: Shown in USD unless otherwise indicated
THYSSENKRUPP ELEVATOR
CORPORATION
Trade Names: (SUBSIDIARY OF THYSSENKRUPP ELEVATOR AMERICAS
CORPORATION, ALPHARETTA, GA),THYSSENKRUPP ELEVATOR
ACTIVE HEADQUARTERS (SUBSIDIARY)
D-U-N-S Number: 13-044-1751
Company: THYSSENKRUPP ELEVATOR CORPORATION
D&B Address
Address: 11605 HAYNES BRIDGE RD STE 650
ALPHARETTA, GA, US - 30009
Location
Type:
HEADQUARTERS (SUBSIDIARY)
Phone: 678-319-3240
Fax:
Web: www.thyssenkrupp.com
Endorsement: [email protected]
SCORE BAR
PAYDEX®
70 Paying 15 days past due
Commercial Credit Score Percentile
17 Moderate to High Risk of severe payment
delinquency.
Financial Stress Score National
Percentile
1 High Risk of severe financial stress.
D&B Viability Rating 3 4 B Z View More Details
Bankruptcy Found N
D&B Rating -- Unavailable.
D&B VIABILITY RATING SUMMARY
Viability Score
Viability Score : 3
Low Risk:1 ; High Risk:9
Portfolio Comparison
Portfolio Comparison : 4
Low Risk:1 ; High Risk:9
Data Depth Indicator
Data Depth Indicator : B
Predictive:A ; Descriptive:G
Company Profile:
Z
SUBSIDIARY
1 1275
3 months from Jan-20 to Mar-20
Days Beyond Terms Past 3 months: 8 Days
Days Beyond Terms Past 3 months : 8
Low Risk:0 ; High Risk:120+
Dollar-weighted average of 764 payment experiences reported from 122 companies.
This is a headquarters (subsidiary) location
Branch(es) or Division(s) exist
Y
Chief Executive
KEVIN LAVALLEE, CEO
Age (Year Started)
36 years (1984)
Employees
8000 (10 Here)
History Status
CLEAR
Financing
SECURED
SIC
3534 ,1796
Line of business
Mfg elevators/escalators, building
equipment installation, repair services
NAICS
333921
The following data includes both open and closed filings found in D&B's database on this company.
The public record items contained herein may have been paid, terminated, vacated or released prior to today's date.
DETAILED TRADE RISK INSIGHT™
D&B COMPANY OVERVIEW
PAYDEX® TREND CHART
PUBLIC FILINGS
Record Type Number of
Records
Most Recent
Filing Date
Bankruptcies 0 ---
Judgments 1 09/17/2014
Liens 2 02/06/2020
Suits 39 01/22/2020
UCCs 137 01/05/2020
2 1276
Corporate Linkage
Increase your understanding of the links and risks between your customers and suppliers with D&B's Interactive Global Family Tree
CORPORATE LINKAGE
This is a Headquarters
(Subsidiary) location
THYSSENKRUPP
ELEVATOR
CORPORATION
Alpharetta, GA
D-U-N-S® NUMBER: 13-
044-1751
Global Ultimate : thyssenkrupp AG
ESSEN, NORDRHEINWESTFALEN ,
GERMANY
D-U-N-S® NUMBER: 34-
050-2442
Domestic Ultimate: THYSSENKRUPP NORTH
AMERICA, INC.
CHICAGO , UNITED
STATES
D-U-N-S® NUMBER: 10-
919-2724
Parent Company THYSSENKRUPP
ELEVATOR AMERICAS
CORPORATION
Georgia
D-U-N-S® NUMBER: 01-
956-3621
GLOBAL ULTIMATE
Company City , Country or Region D-U-N-S® NUMBER
thyssenkrupp AG ESSEN , GERMANY 34-050-2442
DOMESTIC ULTIMATE
Company City , State D-U-N-S® NUMBER
THYSSENKRUPP NORTH AMERICA,
INC.
CHICAGO , Illinois 10-919-2724
3 1277
PARENT
Company City , State D-U-N-S® NUMBER
THYSSENKRUPP ELEVATOR
AMERICAS CORPORATION
ALPHARETTA , Georgia 01-956-3621
SUBSIDIARIES (DOMESTIC)
Company City , State D-U-N-S® NUMBER
O'KEEFE ELEVATOR COMPANY,
INC.
OMAHA , Nebraska 00-726-7933
THYSSENKRUPP ELEVATOR
MANUFACTURING, INC.
MEMPHIS , Tennessee 17-138-1168
BRANCHES (DOMESTIC)
Company City , State D-U-N-S® NUMBER
THYSSENKRUPP ELEVATOR
CORPORATION
CHARLESTON , West Virginia 00-485-5524
THYSSENKRUPP ELEVATOR
CORPORATION
MIDVALE , Utah 00-484-3384
THYSSENKRUPP ELEVATOR
CORPORATION
SAINT LOUIS , Missouri 00-533-2812
THYSSENKRUPP ELEVATOR
CORPORATION
TACOMA , Washington 00-669-0577
THYSSENKRUPP ELEVATOR
CORPORATION
OVERLAND PARK , Kansas 00-785-5901
THYSSENKRUPP ELEVATOR
CORPORATION
ALEXANDRIA , Virginia 01-423-8575
THYSSENKRUPP ELEVATOR
CORPORATION
EAST BERLIN , Connecticut 01-420-6580
THYSSENKRUPP ELEVATOR
CORPORATION
MARIETTA , Georgia 01-570-4513
THYSSENKRUPP ELEVATOR
CORPORATION
BROADVIEW HEIGHTS , Ohio 01-774-2297
4 1278
THYSSENKRUPP ELEVATOR
CORPORATION
HAGERSTOWN , Maryland 02-260-5539
THYSSENKRUPP ELEVATOR
CORPORATION
HOUSTON , Texas 02-660-7242
THYSSENKRUPP ELEVATOR
CORPORATION
EL PASO , Texas 02-637-6426
THYSSENKRUPP ELEVATOR
CORPORATION
TALLAHASSEE , Florida 03-234-9326
THYSSENKRUPP ELEVATOR
CORPORATION
DULUTH , Minnesota 03-277-7083
THYSSENKRUPP ELEVATOR
CORPORATION
SOUTH SAN FRANCISCO , California 03-305-7055
THYSSENKRUPP ELEVATOR
CORPORATION
BROKEN ARROW , Oklahoma 03-311-9488
THYSSENKRUPP ELEVATOR
CORPORATION
JACKSON , Tennessee 03-771-0055
THYSSENKRUPP ELEVATOR
CORPORATION
CHATTANOOGA , Tennessee 03-791-4017
THYSSENKRUPP ELEVATOR
CORPORATION
FRISCO , Texas 03-943-8887
THYSSENKRUPP ELEVATOR
CORPORATION
SMITHFIELD , Rhode Island 04-011-1981
THYSSENKRUPP ELEVATOR
CORPORATION
KNOXVILLE , Tennessee 04-115-1986
THYSSENKRUPP ELEVATOR
CORPORATION
ROANOKE , Virginia 04-125-3092
THYSSENKRUPP ELEVATOR
CORPORATION
GREENSBORO , North Carolina 04-636-3933
THYSSENKRUPP ELEVATOR
CORPORATION
LOMBARD , Illinois 04-930-6012
THYSSENKRUPP ELEVATOR
CORPORATION
RALEIGH , North Carolina 05-040-5596
This list is limited to the first 25 branches.
5 1279
This information may not be reproduced in whole or in part by any means of reproduction.
Predictive Scores
This credit rating was assigned because of D&B's assessment of the company's creditworthiness. For more information, see the D&B Rating Key
The blank rating symbol should not be interpreted as indicating that credit should be denied. It simply means that the information available to D&B does not permit us to classify the company within our rating key and that further enquiry should be made before reaching a decision. Some reasons for using a "-" symbol include: deficit net worth, bankruptcy proceedings, insufficient payment information, or incomplete history information.
Below is an overview of the company's rating history since 12/23/1993.
D&B Rating Date Applied
-- 01/03/2016
1R4 02/08/2007
1R3 03/30/2005
1R4 02/07/2005
-- 07/09/1999
1R3 05/20/1999
5A1 12/18/1997
-- 11/11/1997
5A1 12/23/1993
For the complete list - View Family Tree
CREDIT CAPACITY SUMMARY
D&B Rating: --
Number of Employees Total: 8,000 (10 here)
Payment Activity (based on 578 experiences)
Average High Credit: $38,781
Highest Credit: $3,000,000
Total Highest Credit: $18,336,650
D&B CREDIT LIMIT RECOMMENDATION
6 1280
Due to adverse or incomplete information, we are unable to provide a Credit Limit Recommendation for this business. Please contact your sales representative or D&B's Customer Resource Center at 800-234-3867 for assistance.
The Credit Limit Recommendation (CLR) is intended to serve as a directional benchmark for all businesses within the same line of business or industry, and is not calculated based on any individual business. Thus, the CLR is intended to help guide the credit limit decision, and must be balanced in combination with other elements which reflect the individual company's size, financial strength, payment history, and credit worthiness, all of which can be derived from D&B reports.
Risk is assessed using D&Bs scoring methodology and is one factor used to create the recommended limits. See Help for details.
The Financial Stress Score predicts the likelihood of a firm ceasing business without paying all creditors in full, or reorganization or obtaining relief from creditors under state/federal law over the next 12 months. Scores were calculated using a statistically valid model derived from D&B's extensive data files.
The Financial Stress Class of 5 for this company shows that firms with this class had a failure rate of 4.7% (470 per 10,000), which is
9.79 times higher than the average of businesses in D & B's database.
Financial Stress Class :
Financial Stress Class : 5
Low Risk:1 ; High Risk:5
Higher than average risk of severe financial stress, such as a bankruptcy or going out of business with unpaid debt, over the next 12 months.
Probability of Failure:
Risk of Severe Financial Stress for Businesses with this Class: 4.70% (470 per 10,000) Financial Stress National Percentile : 1 (Highest Risk: 1; Lowest Risk: 100) Financial Stress Score : 1336 (Highest Risk: 1,001; Lowest Risk: 1,875) Average Risk of Severe Financial Stress for Businesses in D&B database: 0.48% (48 per 10,000) The Financial Stress Class of this business is based on the following factors:
Low proportion of satisfactory payment experiences to total payment experiences.
High proportion of slow payment experiences to total number of payment experiences.
UCC Filings reported.
High proportion of past due balances to total amount owing.
Evidence of open suits
High number of inquiries to D & B over last 12 months.
Financial Stress Percentile Trend:
FINANCIAL STRESS CLASS SUMMARY
7 1281
This Business has a Financial Stress Percentile that shows:
Higher risk than other companies in the same region.
Higher risk than other companies in the same industry.
Higher risk than other companies in the same employee size range.
Higher risk than other companies with a comparable number of years in business.
The Commercial Credit Score (CCS) predicts the likelihood of a business paying its bills in a severely delinquent manner (91 days or more past terms).
The Credit Score class of 4 for this company shows that 9.4% of firms with this class paid one or more bills severely delinquent, which is lower than the average of businesses in D & B's database.
Credit Score Class :
Credit Score Class : 4
Low Risk:1 ; High Risk:5
Moderate to high risk of severe payment delinquency over next 12 months.
Incidence of Delinquent Payment
Notes: The Financial Stress Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience financial stress.
The Probability of Failure shows the percentage of firms in a given Class that discontinued operations over the past year with loss to creditors. The Probability of Failure - National Average represents the national failure rate and is provided for comparative purposes.
The Financial Stress National Percentile reflects the relative ranking of a company among all scorable companies in D&B's file.
The Financial Stress Score offers a more precise measure of the level of risk than the Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance.
Norms National %
This Business 1
Region: SOUTH ATLANTIC 48
Industry: MANUFACTURING 52
Employee range: 500+ 61
Years in Business: 26+ 77
CREDIT SCORE SUMMARY
8 1282
Among Companies with this Classification: 9.40%
Average compared to businesses in D&B's database: 10.20% Credit Score Percentile : 17 (Highest Risk: 1; Lowest Risk: 100) Credit Score : 469 (Highest Risk: 101; Lowest Risk: 670) The Credit Score Class of this business is based on the following factors:
Proportion of slow payments in recent months
Proportion of past due balances to total amount owing
Increase in proportion of delinquent payments in recent payment experiences Higher risk industry based on delinquency rates for this industry Evidence of open suits, liens, and judgments
Credit Score Class Percentile Trend:
Notes
The Commercial Credit Score Risk Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience severe delinquency.
The Incidence of Delinquent Payment is the percentage of companies with this classification that were reported 91 days past due or more by creditors. The calculation of this value is based on D&B's trade payment database.
The Commercial Credit Score percentile reflects the relative ranking of a firm among all scorable companies in D&B's file.
The Commercial Credit Score offers a more precise measure of the level of risk than the Risk Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance.
This business has a Credit Score Percentile that shows:
Higher risk than other companies in the same region.
Higher risk than other companies in the same industry.
Higher risk than other companies in the same employee size range.
Higher risk than other companies with a comparable number of years in business.
This information may not be reproduced in whole or in part by any means of reproduction.
Trade Payments
Norms National %
This Business 17
Region: SOUTH ATLANTIC 43
Industry: MANUFACTURING 62
Employee range: 500-38527 84
Years in Business: 26+ 85
D&B PAYDEX®
9 1283
The D&B PAYDEX is a unique, weighted indicator of payment performance based on payment experiences as reported to D&B by trade references. Learn more about the D&B PAYDEX
Timeliness of historical payments for this company.
D&B has not received a sufficient sample of payment experiences to establish a PAYDEX score.D&B receives nearly 400 million payment experiences each year. We enter these new and updated experiences into D&B Reports as this information is received. At this time, none of those experiences relate to this company.
Current PAYDEX
70 Equal to 15 days beyond terms
(Pays more slowly than the average for
its industry of 14 days beyond terms)
Indications of slowness can be the result of
dispute over merchandise, skipped
invoices etc. Accounts are sometimes
placed for collection even though the
existence or amount of the debt is
disputed.
Industry Median 71
Equal to 14 days beyond terms
Payment Trend Unchanged
Compared to payments three months ago
Payments Within Terms
60%
Total payment Experiences in
D&Bs File (HQ)
578
Trade Experiences with Slow or
Negative Payments(%)
44.29%
Total Placed For Collection 0
Average High Credit
$38,781
Largest High Credit $3,000,000
Highest Now Owing $2,000,000
Highest Past Due $250,000
D&B PAYDEX
D&B PAYDEX : 70
Low Risk (100) ; High Risk (1)
When weighted by amount, payments to suppliers average 15 days beyond terms
High risk of late payment (Average 30 to 120 days beyond terms)
Medium risk of late payment (Average 30 days or less beyond terms)
Low risk of late payment (Average prompt to 30+ days
sooner)
3-MONTH D&B PAYDEX
3-Month D&B PAYDEX : 67
Low Risk (100) ; High Risk (1)
High risk of late payment (Average 30 to 120 days beyond terms)
Medium risk of late payment (Average 30 days or less beyond terms)
Low risk of late payment (Average prompt to 30+ days
sooner)
Based on payments collected over last 3 months.
When weighted by amount, payments to suppliers average 18 days beyond terms
D&B PAYDEX® COMPARISON
10 1284
For all payment experiences within a given amount of credit extended, shows the percent that this Business paid within terms. Provides number of experiences to calculate the percentage, and the total credit value of the credit extended.
Credit Extended Payment Experiences Total Amount % of Payments Within Terms Over 100,000 17 14,950,000 74%
CURRENT YEAR
PAYDEX� of this Business compared to the Primary Industry from each of the last four quarters. The Primary Industry is Mfg elevators/escalators, building equipment installation, repair services , based on SIC code 3534 .
Shows the trend in D&B PAYDEX scoring over the past 12 months.
Current PAYDEX for this Business is 70 , or equal to 15 days beyond terms The 12-month high is 75 , or equal to 8 DAYS BEYOND terms The 12-month low is 71 , or equal to 14 DAYS BEYOND terms Shows PAYDEX of this Business compared to the Primary Industry from each of the last four quarters. The Primary Industry is Mfg elevators/escalators, building equipment installation, repair services , based on SIC code 3534 .
Based on payments collected over the last 4 quarters.
Current PAYDEX for this Business is 70, or equal to 15 days beyond terms The present industry median Score is 71, or equal to 14 DAYS BEYOND terms Industry upper quartile represents the performance of the payers in the 75th percentile Industry lower quartile represents the performance of the payers in the 25th percentile 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/19 11/19 12/19 1/20 2/20 This Business
Industry Quartile
Upper
Median
Lower
75 76
71 66
74 -
-
-
73 -
-
-
71 75
71 66
72 -
-
-
71 -
-
-
73 76
71 66
73 -
-
-
72 -
-
-
71 76
71 66
70 -
-
-
70 -
-
-
PREVIOUS YEAR
Previous Year 3/18
Q1'18
6/18
Q2'18
9/18
Q3'18
12/18
Q4'18
This Business
Industry Quartile
Upper
Median
Lower
75 76
71 65
75 76
71 65
76 76
72 66
76 76
71 66
PAYMENT HABITS
11 1285
50,000-100,000 14 955,000 62%
15,000-49,999 53 1,395,000 72%
5,000-14,999 104 717,500 57%
1,000-4,999 146 243,500 62%
Under 1,000 138 43,950 53%
Based on payments collected over last 24 months.
Payment experiences reflect how bills are paid in relation to the terms granted. In some instances, payment beyond terms can be the result of disputes over merchandise, skipped invoices, etc.
There are 578 payment experience(s) in D&Bs file for the most recent 24 months, with 390 experience(s) reported during the last three month period.
The highest Now Owes on file is 2000000 . The highest Past Due on file is 250000 Below is an overview of the company's currency-weighted payments, segmented by it's supplier's primary industries:
Top Industries Total Revd (#)Total AmountLargest High Credit Within Terms (%) 1 - 30 Days Late (%) 31 - 60 Days Late (%) 61 - 90 Days Late (%) 91 + Days Late (%) Whol plumb/hydronics 35 872,700 750,000 6 44 44 6 0
Whol electrical equip 33 2,213,800 2,000,000 51 48 1 0 0 Whol industrial suppl 31 769,800 400,000 81 18 0 1 0
Nonclassified 29 239,450 35,000 78 4 9 9 0
Whol industrial equip 24 140,300 45,000 83 8 6 2 1
Whol electronic parts 19 363,350 300,000 56 3 0 0 41
Telephone communictns 17 495,050 400,000 99 1 0 0 0
Misc equipment rental 16 161,100 50,000 49 10 12 3 26
Trucking non-local 14 706,800 700,000 1 99 0 0 0
Help supply service 13 365,000 65,000 35 29 29 6 1
Public finance 13 85,600 25,000 100 0 0 0 0
Electric services 13 9,150 2,500 100 0 0 0 0
Whol chemicals 11 138,000 85,000 50 13 31 0 6
Whol metal 10 4,316,950 3,000,000 98 2 0 0 0
Misc business credit 10 48,250 40,000 48 11 0 0 41
Whol petroleum prdts 10 56,550 15,000 48 27 9 1 15
Short-trm busn credit 7 1,074,550 1,000,000 100 0 0 0 0 Whol service paper 6 47,000 20,000 99 1 0 0 0
Employment agency 6 37,000 10,000 50 23 0 0 27
Mfg plane engine/part 6 14,750 10,000 52 34 8 3 3
Misc business service 6 6,200 5,000 18 81 0 0 1
Local truck w/storage 6 7,300 5,000 99 0 1 0 0
Mfg elevator/escaltrs 5 2,130,000 2,000,000 51 0 2 0 47 Mfg switchgear-boards 5 961,000 900,000 100 0 0 0 0
Mfg photograph equip 5 80,000 45,000 50 0 22 28 0
Ret misc merchandise 5 57,550 30,000 46 7 30 13 4
Truck rental/leasing 5 26,000 10,000 67 12 21 0 0
Mfg industrial valves 5 8,250 5,000 18 21 61 0 0
Operative builders 5 6,500 2,500 35 0 8 0 57
Petroleum terminal 4 909,000 900,000 100 0 0 0 0
Radiotelephone commun 4 102,600 95,000 96 4 0 0 0
Business consulting 4 57,000 30,000 56 44 0 0 0
Executive office 4 12,500 5,000 100 0 0 0 0
Whol lumber/millwork 4 4,500 2,500 44 17 0 0 39
Gas production/distrb 4 1,850 1,000 66 34 0 0 0
Personal credit 3 155,000 70,000 100 0 0 0 0
PAYMENT SUMMARY
12 1286
M
fgrelays/controls338,50030,0001000000
Mfgmotors/generators311,25010,0004644910
Familysocialservice34,2502,5000415900
Investmentadvice32,0001,000134901325
Wholconst/mineequip31,3507507280650
Paperboardmill2225,000200,0001000000
Nonferrouswiredrawng282,50080,0005248000
Mfgelect. connectors265,00055,0001000000
Mfgair/gascompress225,00015,0001000000
Testinglaboratory212,5007,5007000300
Mfgglassproducts26,0005,00041170420
Engineeringservices25,5005,000091090
Mfgelect. components26,0005,0001000000
Wholfurniture22,7502,5001000000
Miscpublishing22,0001,0005000050
Mfgsigns/adspecltys23502507129000
Regmisccomlsector23002501000000
Computersystemdesgn11,000,0001,000,0001000000
Mechanicalcontractor115,00015,0000100000
Prepackagedsoftware115,00015,0000100000
Suretyinsurance115,00015,0000001000
Scheduledairtrans110,00010,0001000000
Mfgmisctrnsmsneqpt17,5007,5005050000
Wholplasticmaterial17,5007,5001000000
Mfgelectricwiredev17,5007,5001000000
Hvyconsteqptrental17,5007,5000001000
Mfgcomputerstorage17,5007,5000010000
Wholheating/acequip15,0005,0005050000
Mfgbread/products15,0005,0001000000
Misccomputerservice15,0005,0005050000
Mfgcordage/twine15,0005,0005005000
Mfganalyticinstrmnt12,5002,5005000500
Mfgcarparts12,5002,5005050000
Wholmiscprofsneqpt12,5002,5001000000
Mfgconstructionmach12,5002,5000100000
Arrangecargotranspt11,0001,0000500500
Retbuildingmaterial11,0001,0000001000
Nonresidentbuilders11,0001,0005005000
Mfgelectrictestprd11,0001,0000500500
Mfgfluidmeters11,0001,0001000000
Mfgcomputerterminal11,0001,0000000100
Mfgsanitarypaper11,0001,0001000000
Mfgcomputers11,0001,0001000000
Wholofficesupplies17507500500050
Retmail-orderhouse17507505005000
Mfgwoodproducts15005000100000
Rethardware12502500100000
Wholofficeequipment12502505005000
Mfgmanifoldforms12502501000000
Mfgpowerhandtools12502500001000
Wholcomputers/softwr12502501000000
Industriallaunderer12502500000100
Wholautoparts11001000100000
Accountingservices11001000505000
Coating/engravesvcs11001001000000
Otherpaymentcategories
13 1287
Cash experiences
Payment record unknown
Unfavorable comments
Placed for collections
Total in D&B's file
99 5
0 0
578
$28,150
$3,550
$0
$0
$18,336,650
$7,500
$2,500
$0
$0
$3,000,000
Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed.
Indications of slowness can be result of dispute over merchandise, skipped invoices, etc.
Date Reported(mm/yy) Paying Record High Credit Now Owes Past Due Selling Terms Last Sale Within(month) 02/20 Ppt 250 0 1 mo
02/20 Ppt 250 100 1 mo
02/20 Ppt 250 100 1 mo
02/20 Ppt 1,000,000 70,000 0 1 mo
02/20 Ppt 55,000 15,000 0 N30 1 mo
02/20 Ppt 40,000 35,000 100 1 mo
02/20 Ppt 35,000 0 0 2-3 mos
02/20 Ppt 30,000 0 0 2-3 mos
02/20 Ppt 10,000 2,500 1,000 1 mo
02/20 Ppt 10,000 0 0 N30 6-12 mos
02/20 Ppt 7,500 0 0 6-12 mos
02/20 Ppt 5,000 5,000 750 1 mo
02/20 Ppt 5,000 0 0 1 mo
02/20 Ppt 5,000 0 0 6-12 mos
02/20 Ppt 2,500 2,500 100 1 mo
02/20 Ppt 2,500 2,500 0 1 mo
02/20 Ppt 2,500 0 0 2-3 mos
02/20 Ppt 2,500 2,500 50 1 mo
02/20 Ppt 2,500 0 0 N30 6-12 mos
02/20 Ppt 2,500 0 0 6-12 mos
02/20 Ppt 2,500 0 0 2-3 mos
02/20 Ppt 1,000 0 0 4-5 mos
02/20 Ppt 1,000 1,000 0 N30 1 mo
02/20 Ppt 1,000 500 250 1 mo
DETAILED PAYMENT HISTORY FOR THIS COMPANY
14 1288
02/20 Ppt 1,000 1 mo
02/20 Ppt 1,000 1,000 0 1 mo
02/20 Ppt 1,000 1,000 0 1 mo
02/20 Ppt 1,000 0 0 1 mo
02/20 Ppt 1,000 1,000 0 1 mo
02/20 Ppt 1,000 0 0 6-12 mos
02/20 Ppt 1,000 0 0 2-3 mos
02/20 Ppt 750 0 0 N30 6-12 mos
02/20 Ppt 750 50 0 N45 1 mo
02/20 Ppt 500 0 0 N30 6-12 mos
02/20 Ppt 500 250 0 1 mo
02/20 Ppt 250 0 0 2-3 mos
02/20 Ppt 250 0 0 2-3 mos
02/20 Ppt 250 0 0 Lease Agreemnt 2-3 mos
02/20 Ppt 100 0 0 6-12 mos
02/20 Ppt 100 100 0 1 mo
02/20 Ppt 100 0 0 6-12 mos
02/20 Ppt 100 0 0 2-3 mos
02/20 Ppt-Slow 15 5,000 2,500 0 1 mo
02/20 Ppt-Slow 15 2,500 1,000 0 1 mo
02/20 Ppt-Slow 30 5,000 0 0 6-12 mos
02/20 Ppt-Slow 30 1,000 250 0 1 mo
02/20 Ppt-Slow 30 1,000 500 250 1 10 N30 1 mo
02/20 Ppt-Slow 60 20,000 15,000 2,500 1 mo
02/20 Ppt-Slow 60 15,000 15,000 4-5 mos
02/20 Ppt-Slow 60 10,000 0 0 6-12 mos
02/20 Ppt-Slow 60 7,500 7,500 4-5 mos
02/20 Ppt-Slow 60 5,000 5,000 4-5 mos
02/20 Ppt-Slow 60 2,500 2,500 1,000 1 mo
02/20 Ppt-Slow 60 2,500 0 0 1 10 N30 1 mo
02/20 Ppt-Slow 90 40,000 15,000 10,000 1 mo
02/20 Ppt-Slow 90 10,000 7,500 250 1 mo
02/20 Ppt-Slow 90 5,000 250 0 1 mo
02/20 Ppt-Slow 90 2,500 2,500 2,500 1 mo
02/20 Ppt-Slow 90 1,000 1,000 1,000 1 mo
15 1289
02/20 Ppt-Slow 90 1,000 1,000 1,000 1 mo
02/20 Ppt-Slow 90+ 750 0 0 1 mo
02/20 Slow 20 100 0 0 4-5 mos
02/20 Slow 30 15,000 0 0 2-3 mos
02/20 Slow 30 500 500 500 1 mo
02/20 Slow 30 100 0 0 6-12 mos
02/20 Slow 30 50 0 0 6-12 mos
02/20 Slow 35 5,000 5,000 5,000 N30 1 mo
02/20 Slow 45 100 0 0 4-5 mos
02/20 Slow 60 65,000 0 0 N10 4-5 mos
02/20 Slow 60 1,000 0 0 4-5 mos
02/20 Slow 90 5,000 250 250 4-5 mos
02/20 Slow 90 1,000 0 0 4-5 mos
02/20 Slow 60-90 750 500 0 1 mo
02/20 Slow 90 500 0 0 1 mo
02/20 Slow 90 250 0 0 6-12 mos
02/20 Slow 30-90+ 2,500 500 500 1 mo
02/20 Slow 120 7,500 0 0 2-3 mos
02/20 Slow 120 100 100 100
02/20 (079) 0 0 0 Cash account 6-12 mos
01/20 Ppt 400,000 400,000 0 1 mo
Payments Detail Key: 30 or more days beyond terms
Payment experiences reflect how bills are paid in relation to the terms granted. In some instances payment beyond terms can be the result of disputes over merchandise, skipped invoices, etc.Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported
Public Filings
The following data includes both open and closed filings found in D&B's database on this company.
The following Public Filing data is for information purposes only and is not the official record. Certified copies can only be obtained from the official source.
Bankruptcies
0 Latest Filing:
Judgments
1 Latest Filing:
09/17/2014
Liens
2 Latest Filing:
02/06/2020
Suits
39 Latest Filing:
01/22/2020
UCCs
137
Latest Filing:
01/05/2020
16 1290
A Liens holder can file the same lien in more than one filing location. The appearance of multiple liens filed by the same lien holder against a debtor may be indicative of such an occurrence.
JUDGMENTS
Judgment award 675
Status Unsatisfied
CASE NO. CC2014100988
Judgment type Judgment
Against THYSEENKRUPP ELEVATOR, PHOENIX, AZ
In favor of ERIC STANLEY
Where filed MARICOPA COUNTY JUSTICE COURT/SOUTH MOUNTAIN, PHOENIX, AZ Date status attained 09/17/2014
Date entered 09/17/2014
Latest Info Received 12/20/2015
LIENS
Amount 68 (Withholding)
Status Open
FILING NO. 12254804
Type State Tax
Filed By STATE OF INDIANA
Where filed MARION COUNTY CIRCUIT COURT, INDIANAPOLIS, IN Date status attained 02/06/2020
Date filed 02/06/2020
Latest Info Received 02/10/2020
Amount 0 (Unemployment contribution)
17 1291
Status Open
FILING NO. 20150716-0069285
Type State Tax
Filed By STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORKFOR Against THYSSENKRUPP ELEVATOR CORP
Where filed DAVIDSON COUNTY REGISTER OF DEEDS, NASHVILLE, TN Date status attained 07/15/2015
Date filed 07/15/2015
Latest Info Received 12/16/2015
SUITS
Status Pending
CASE NO. 2020-001631-CA-01
Plaintiff NASAJON, RICARDO
Defendant THYSSENKRUPP ELEVATOR CORPORATION, MIAMI, FL
Cause Comm Premises Liability
Where filed DADE COUNTY CIRCUIT COURT, MIAMI, FL
Date status attained 01/22/2020
Date filed 01/22/2020
Latest Info Received 01/24/2020
Status Pending
CASE NO. 2020-001492-CA-01
Plaintiff ABBEY HOTEL ACQUISITION, LLC
Defendant THYSSENKRUPP ELEVATOR CORPORATION
18 1292
Cause Contract & Indebtedness (Greater than $15,000)
Where filed DADE COUNTY CIRCUIT COURT, MIAMI, FL
Date status attained 01/21/2020
Date filed 01/21/2020
Latest Info Received 01/22/2020
Status Pending
CASE NO. 2019CI 7945
Plaintiff JIMENEZ, JOSE ANGEL
Defendant THYSSENKRUPP ELEVATOR CORPORATION AND OTHERS
Where filed PINELLAS COUNTY/CIRCUIT COURT, CLEARWATER, FL Date status attained 12/02/2019
Date filed 12/02/2019
Latest Info Received 12/10/2019
Status Pending
DOCKET NO. 201901200521
Defendant THYSSENKRUPP ELEVATOR CORPORATION
Where filed PHILADELPHIA COUNTY COMMON PLEAS COURT, PHILADELPHIA, PA Date status attained 12/02/2019
Date filed 12/02/2019
Latest Info Received 12/12/2019
Status Pending
CASE NO. 1922-CC12016
Plaintiff JONES , LATAVIA, ST. LOUIS, MO
19 1293
Defendant THYSSENKRUPP ELEVATOR CORP, SAINT LOUIS, MO
Cause Personal injury - non-death
Where filed ST LOUIS CITY CIRCUIT COURT, SAINT LOUIS, MO Date status attained 11/15/2019
Date filed 11/15/2019
Latest Info Received 12/17/2019
Status Pending
DOCKET NO. 19CI006461
Plaintiff TIMOTHY SIMPSON
Defendant THYSSENKRUPP ELEVATOR CORPORATION
Where filed JEFFERSON COUNTY CIRCUIT COURT, LOUISVILLE, KY Date status attained 10/14/2019
Date filed 10/14/2019
Latest Info Received 11/14/2019
Status Pending
DOCKET NO. 19CI006063
Plaintiff THOMAS UPCHURCH
Defendant THYSSENKRUPP ELEVATOR CORPORATION
Where filed JEFFERSON COUNTY CIRCUIT COURT, LOUISVILLE, KY Date status attained 09/30/2019
Date filed 09/30/2019
Latest Info Received 10/24/2019
Status Judgment entered
20 1294
CASE NO. 2019-023095-CA-01
Plaintiff IMPERIAL FUND I, LLC
Defendant THYSSENKRUPP ELEVATOR CORPORATION AND OTHERS
Cause RPMF -Non-Homestead ($250,000 or more)
Where filed DADE COUNTY CIRCUIT COURT, MIAMI, FL
Date status attained 11/13/2019
Date filed 08/02/2019
Latest Info Received 11/14/2019
Status Pending
CASE NO. 2019-022502-CA-01
Plaintiff DIAZ, ARMANDO
Defendant THYSSENKRUPP ELEVATOR CORPORATION AND OTHERS
Cause Comm Premises Liability
Where filed DADE COUNTY CIRCUIT COURT, MIAMI, FL
Date status attained 07/29/2019
Date filed 07/29/2019
Latest Info Received 07/30/2019
Status Pending
CASE NO. 1922-CC00542
Plaintiff JONES , LATAVIA, ST. LOUIS, MO
Defendant THYSSENKRUPP ELEVATOR CORPORATION, SAINT LOUIS, MO Cause Personal injury - non-death
Where filed ST LOUIS CITY CIRCUIT COURT, SAINT LOUIS, MO Date status attained 03/11/2019
21 1295
If it is indicated that there are defendants other than the report subject, the lawsuit may be an action to clear title to property and does not necessarily imply a claim for money against the subject.
Date filed 03/11/2019
Latest Info Received 09/26/2019
UCC FILINGS
Collateral Inventory including proceeds and products - Account(s) including proceeds and products
Type Original
Sec. Party EPC-FRED, LLC, DALLAS, TX PACIFIC LIFE INSURANCE COMPANY,
NEWPORT BEACH, CA
Debtor THYSSENKRUPP ELEVATOR CORPORATION, FRISCO, TX
Filing No. 150015145325
Filed With SECRETARY OF STATE/UCC DIVISION, AUSTIN, TX
Date Filed 05/13/2015
Latest Info Received 05/21/2015
Collateral Accounts receivable including proceeds and products - Inventory including proceeds and products - Account(s) including proceeds and products - Equipment including proceeds and products - and OTHERS
Type Original
Sec. Party HATHAWAY DINWIDDIE CONSTRUCTION COMPANY, SAN FRANCISCO, CA
Debtor THYSSENKRUPP ELEVATOR COMPANY, SAN LEANDRO, CA
Filing No. 137355102603
Filed With SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date Filed 03/24/2013
Latest Info Received 04/17/2013
22 1296
Collateral Accounts receivable and proceeds - Equipment and proceeds Type Original
Sec. Party PRIMA POWER NORTH AMERICA, ARLINGTON HTS, IL Debtor THYSSENKRUPP ELEVATOR MANUFACTURING INC, MIDDLETON, TN Filing No. 424972073
Filed With SECRETARY OF STATE/UCC DIVISION, NASHVILLE, TN Date Filed 05/08/2016
Latest Info Received 07/14/2016
Collateral Accounts receivable - Inventory - Account(s) - Building materials - and OTHERS Type Original
Sec. Party UMPQUA BANK, ROSEBURG, OR
Debtor MINTER, GLEN A., TACOMA, WA and OTHERS
Filing No. 201627234599
Filed With SECRETARY OF STATE/UCC DIVISION, OLYMPIA, WA Date Filed 09/27/2016
Latest Info Received 10/03/2016
Collateral Leased Assets - Leased Machinery - Leased Equipment Type Original
Sec. Party DIRECT CAPITAL CORPORATION, PORTSMOUTH, NH
Debtor THYSSENKRUPP ELEVATOR CORPORATION, LIVONIA, MI and OTHERS Filing No. 2009 1685103
Filed With SECRETARY OF STATE/UCC DIVISION, DOVER, DE
Date Filed 05/27/2009
23 1297
Latest Info Received 06/23/2009
Collateral Equipment including proceeds and products
Type Original
Sec. Party IKON FINANCIAL SVCS, MACON, GA
Debtor THYSSEN ELEVATOR COMPANY, MIDDLETON, TN
Filing No. 2009 2262613
Filed With SECRETARY OF STATE/UCC DIVISION, DOVER, DE
Date Filed 07/14/2009
Latest Info Received 08/12/2009
Collateral Equipment and proceeds
Type Original
Sec. Party CENTURYLINK COMMUNICATIONS, LLC, DENVER, CO
Debtor THYSSENKRUPP ELEVATOR CORPORATION
Filing No. 2018 5043902
Filed With SECRETARY OF STATE/UCC DIVISION, DOVER, DE
Date Filed 07/22/2018
Latest Info Received 08/16/2018
Collateral Computer equipment and proceeds
Type Original
Sec. Party C T CORPORATION SYSTEM, AS REPRESENTATIVE, GLENDALE, CA Debtor THYSSENKRUPP ELEVATOR CORPORATION
Filing No. 2018 0697512
Filed With SECRETARY OF STATE/UCC DIVISION, DOVER, DE
24 1298
There may be additional suits, liens, or judgments in D&B's file on this company available in the U.S. Public Records Database,also covered under your PPP for DNBi contract. If you would like more information on this database, please contact the Customer Resource Center at 1-800-234-3867.
There are additional UCC's in D&B's file on this company available by contacting 1-800-234-3867 The public record items contained in this report may have been paid, terminated, vacated or released prior to the date this report was printed.
This information may not be reproduced in whole or in part by any means of reproduction.
Date Filed 01/29/2018
Latest Info Received 03/01/2018
Collateral Equipment and proceeds
Type Original
Sec. Party WELLS FARGO BANK, N.A., LINCOLNSHIRE, IL
Debtor THYSSENKRUPP ELEVATOR CORPORATION, MIDDLETON, TN Filing No. 2013 3459097
Filed With SECRETARY OF STATE/UCC DIVISION, DOVER, DE
Date Filed 09/04/2013
Latest Info Received 09/29/2013
Collateral Equipment and proceeds
Type Original
Sec. Party WELLS FARGO BANK, N.A., LINCOLNSHIRE, IL
Debtor THYSSENKRUPP ELEVATOR CORPORATION, MIDDLETON, TN Filing No. 2013 2308477
Filed With SECRETARY OF STATE/UCC DIVISION, DOVER, DE
Date Filed 06/16/2013
Latest Info Received 07/14/2013
25 1299
Special Events
History & Operations
07/02/2019 - MERGER/ACQUISITION:
According to published reports, thyssenkrupp Elevator, DUNS 130441751, (Alpharetta, GA) announced the O'Keefe Elevator, DUNS 007267933, (Omaha, NE).
02/20/2019
The Chief Executive Officer is now Kevin Lavallee, CEO.
COMPANY OVERVIEW
Company Name
THYSSENKRUPP ELEVATOR
CORPORATION
Doing Business As
(SUBSIDIARY OF THYSSENKRUPP
ELEVATOR AMERICAS
CORPORATION, ALPHARETTA, GA)
THYSSENKRUPP ELEVATOR
Street Address
11605 Haynes Bridge Rd Ste 650
Alpharetta, GA 30009
Phone
678 319-3240
URL
www.thyssenkrupp.com
History
CLEAR
Present management control
36 years
HISTORY
The following information was reported 07/16/2019
Officer(s): KEVIN LAVALLEE, CEO
BARRY PLETCH, CEO-PRES
GERALD GEARHARD, V PRES
BRUCE FISHER, TREAS
JAMES HARRISON, CFO
LAWRENCE PAULSON, SEC
STEVE WEDGE, CFO
THE OFFICER(S)
The Delaware Secretary of State's business registrations file showed that Thyssenkrupp Elevator Corporation was registered as a Corporation on September 28, 1984, under file registration number 2045231.
Business started 1984. 100% of capital stock is owned by parent company.
RECENT EVENTS:.
26 1300
On July 16, 2019, sources stated that Thyssenkrupp Elevator Corporation, Alpharetta, GA, has acquired O'Keefe Elevator Company, Inc., Omaha, NE, on July 1, 2019. With the acquisition, O'Keefe Elevator Company, Inc. will now operate as a subsidiary of Thyssenkrupp Elevator Corporation. Terms of the transaction were undisclosed. Employees and management were retained. Further details are unavailable.
On July 23, 2012, Greg Bottom, Regional President for ThyssenKrupp Elevator in Florida, stated that ThyssenKrupp Elevator Americas Corp., Frisco, TX, has acquired substantially all of the assets of Atlantic Elevator Sales And Service, Inc., Dania, FL, last December 19, 2005. Acquired were contractual obligations, elevator maintenance agreement, inventories, receivables; The legal entity and locations were not acquired. The legal entity of Atlantic Elevator Sales And Service, Inc. was dissolved last September 15, 2006.
On March 23, 2009, an inside source stated that New York Elevator & Electrical Corporation, New York, NY, has merged with Thyssenkrupp Elevator Corporation, Memphis, TN, on January 31, 2009, with Thyssenkrupp Elevator Corporation as the surviving entity. With this acquisition New York Elevator & Electrical Corporation has discontinued its legal existence and its location would now operate as a branch of Thyssenkrupp Elevator Corporation. Employees and management were retained. Terms were not disclosed.
KEVIN LAVALLEE. Antecedents are unknown.
BARRY PLETCH born 1948. Antecedents are unknown.
GERALD GEARHARD. Antecedents are unknown.
BRUCE FISHER born 1962. 2004-present active here.
JAMES HARRISON born 1964. Antecedents are unknown.
LAWRENCE PAULSON. Antecedents are unknown.
STEVE WEDGE. Antecedents are unknown.
Business address has changed from 2500 Northwinds Pkwy Ste-375, Alpharetta, GA, 30004 to 15141 E Whittier Blvd #505, Whittier, CA, 90603.
Business address has changed from 15141 E Whittier Blvd #505, Whittier, CA, 90601 to 2500 Northwinds Pkwy # 375, Alpharetta, GA, 30009.
Business address has changed from 2500 Northwinds Pkwy # 375, Alpharetta, GA, 30009 to 11605 Haynes Bridge Rd Ste 650, Alpharetta, GA, 30009.
BUSINESS REGISTRATION
CORPORATE AND BUSINESS REGISTRATIONS PROVIDED BY MANAGEMENT OR OTHER SOURCE The Corporate Details provided below may have been submitted by the management of the subject business and may not have been verified with the government agency which records such data.
Registered Name: THYSSENKRUPP ELEVATOR CORPORATION
Business type: CORPORATION
Corporation
type:
PROFIT
Date
incorporated:
03/19/1985
27 1301
State of
incorporation:
DELAWARE
Filing date: 03/19/1985
Status: ACTIVE
Where filed: SECRETARY OF STATE/CORPORATIONS DIVISION, DOVER ,DE
OPERATIONS
07/16/2019
Description:
Subsidiary of THYSSENKRUPP ELEVATOR AMERICAS CORPORATION, ALPHARETTA, GA.
As noted, this company is a subsidiary of Thyssenkrupp Elevator Americas Corporation, Duns# 01-956-3621, and reference is made to that report for background information on the parent and its management.
Manufactures elevators and moving stairways, specializing in elevators or equipment (60%). Contractor of building equipment installation and erection, specializing in elevator installation or conversion (20%). Repairs and inspects elevators (20%).
Has 3,000 account(s). Terms are cash and Net 30 days. Sells to general public and commercial concerns. Territory :
International.
Nonseasonal.
Employees: 8,000 which includes officer(s). 10 employed here.
Facilities: Rents 3,000 sq. ft. in a multi story a building.
Branches: This business has multiple branches. Detailed branch or division information is available in Dun & Bradstreets linkage or fam tree products.
Subsidiaries:
ThyssenKrupp Elevator Corp, Stoneham, MA. DUNS # 00-896-4777. Delaware corporation started 1958. Wholesales and installs elevators. The parent company has guaranteed the obligations of the subsidiary in a document dated Apr 17 1986.
THYSSEN ELEVATOR CAPITAL CORPORATION, Horn Lake, MS. DUNS # 13-044-9507. Delaware corporation started 1958. Manufacturer of elevators. The parent company has guaranteed the obligations of the subsidiary in a document dated Apr 17 1986.
MIAMI ELEVATOR CO INC, Miami, FL. DUNS # 00-783-8832. Started 1947. Operates in sales, service and installation of elevators. The parent company has guaranteed the obligations of the subsidiary in a document dated Apr 17 1986.
THYSSEN SECURITY ELEVATOR COMPANY, King of Prussia, PA, acquired Nov 1990. DUNS # 00-780-1095. Installs elevators. The parent company has guaranteed the obligations of the subsidiary in a document dated Feb 1 1991.
Intercompany relations consist of services and fund transfers between subject and subsidiaries. There are no guarantees or endorsements in effect between these subsidiaries.
SIC & NAICS
SIC: NAICS:
333921 Elevator and Moving Stairway Manufacturing
238290 Other Building Equipment Contractors
28 1302
Financials
D&B
Graph cannot be created
On FEB 19 2019 Kevin Lavallee, CEO, deferred all information.
You can ask D&B to make a personalized request to this company on your behalf to obtain its latest financial information by clicking the button below.
Financial Date Requested Requested Period Requested Year Requested By Received Date Status No data found
The requested financials below were provided by THYSSENKRUPP ELEVATOR CORPORATION and are not DUNSRight certified.
D & B has been unable to obtain sufficient financial information from this company to calculate business ratios. Our check of additional outside sources also found no information available on its financial performance.
To help you in this instance, ratios for other firms in the same industry are provided below to support your analysis of this business.
Based on this Number of Establishments : 32
Industry Norms Based On 32 Establishments
Based on information in our file, D&B has assigned this company an extended 8-digit SIC. D&B's use of 8-digit SICs enables us to be more specific about a company's operations than if we use the standard 4-digit code.
The 4-digit SIC numbers link to the description on the
Occupational Safety & Health Administration (OSHA) Web
site. Links open in a new browser window.
3534 0100 Elevators and equipment
1796 9901 Elevator installation and conversion
7699 2501 Elevators: inspection, service, and repair
811490 Other Personal and Household Goods Repair and
Maintenance
COMPANY FINANCIALS
ADDITIONAL FINANCIAL DATA
REQUEST FINANCIALS STATEMENTS
KEY BUSINESS RATIOS
This Business Industry Median Industry Quartile
Profitability
29 1303
Spread Financials
This information may not be reproduced in whole or in part by any means of reproduction. ©Dun & Bradstreet, Inc. 2005-2020. All rights reserved
US Government Employee Disclaimer
Return on Sales % UN 2.1 UN
Return on Net Worth % UN 4.5 UN
Short Term Solvency
Current Ratio UN 2.1 UN
Quick Ratio UN 1.1 UN
Efficiency
Assets to Sale % UN 121.2 UN
Sales/Net Working Capital UN 3.9 UN
Utilization
Total Liabilities / Net Worth
%
UN 75.8 UN
UN = Unavailable
30 1304
Requirements for National Cooperative Contract
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 States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use;
(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non–Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include:
(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only:
(i) Direct United States Government cash assistance to an individual; (ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) Insurance.
Federal awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a)(1) The Federal financial assistance that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability; or (2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability.
(b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the costreimbursement contract awarded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.
Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. 1305
1306
1307
1308
1309
Requirements for National Cooperative Contract
FEMA SPECIAL CONDITIONS
Awarded Supplier(s) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA Special Conditions required by the Federal Emergency Management Agency (FEMA). “Contract” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”.
“Contractor” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.
Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.
Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended as described in Chapter III, ¶ 6.d must be rejected and cannot receive contract awards at any level.
Public Policy
A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7 c. Applicable prevailing wage laws, regulations, and executive orders Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
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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.
Bid Guarantee
For proposals that are to include construction/reconstruction/renovation and related services, bids must be accompanied by Certified or Cashier's Check or an approved Bid Bond in the amount of not less than five percent (5%) of the total bid. Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bond documents and bind the Surety to the bid bond conditions. The bid bond shall have a corporate Surety that is licensed to conduct business in the state of the lead agency and authorized to underwrite bonds in the amount of the bid bond.
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
9. Termination for Convenience:
The right to terminate this Contract for the convenience of the Participating Public Agency is retained by the Participating Public Agency. In the event of a termination for convenience by the Participating Public Agency, the Participating Public Agency shall, at least ten (10) calendar days in advance, deliver written notice of the termination for convenience to Contractor. Upon Contractor’s receipt of such written notice, Contractor immediately shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Work then in place. Contractor shall then be paid by the Participating Public Agency, in accordance with the terms and provisions of the Contract Documents, an amount not to exceed the actual labor costs incurred, the actual cost of all materials installed and the actual cost of all materials stored at the project site or away from the project site, as approved in writing by the Participating Public Agency but not yet paid for and which cannot be returned, and actual, reasonable and documented demobilization costs, if any, paid by Contractor and approved by the Participating Public Agency in connection with the Scope of Work in place which is completed as of the date of termination by the Participating Public Agency and that is in conformance with the Contract Documents, less all amounts previously paid for the Work. No amount ever shall be owed or paid to Contractor for lost or anticipated profits on any part of the Scope of Work not performed or for consequential damages of any kind.
10. Equal Employment Opportunity:
The Participating Public Agency highly encourages Contractors to implement Affirmative Action practices in their employment programs. This means Contractor should not discriminate against any employee or applicant for employment because of race, color, religion, sex, pregnancy, sexual orientation, political belief or affiliation, age, disability or genetic information.
During the performance of this contract, the contractor agrees as follows:
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(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
11. “During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the 1312
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following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will 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. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for 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 as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.”
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12. Davis Bacon Act and Copeland Anti-KickbackAct.
a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only 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. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. b. 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. c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once aweek.
d. The non-Federal entity must place a copy of the current prevailing wage determination 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.
e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA.
f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous subsection, the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does not apply, neither does the Copeland “Anti-Kickback Act.” However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause:
“Compliance with the Copeland “Anti-Kickback” Act.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses
(3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”
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13. Contract Work Hours and SafetyStandards Act.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, ¶ E. c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the workweek.
d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act:
“Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor 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 (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and 1315
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liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.”
14. Rights to Inventions Made Under a Contract or Agreement. a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as
FEMA awards under these programs do not meet the definition of “funding agreement.” b. If the FEMA award meets the definition of “funding agreement” under 37 C.F.R.§ 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R.
Part 200, Appendix II, ¶ F.
c. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of thisparagraph.
15. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of $150,000 must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C.§§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶ G.
a. The following provides a sample contract clause concerning compliance for contracts of amounts in excess of $150,000:
“Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 1316
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(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
(4) 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.
(5) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(6) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in partwith Federal assistance provided by FEMA.”
16. Debarment and Suspension.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non procurement Debarment and Suspension).
c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules):
Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV, ¶ 6.d and Appendix C, ¶ 2.
d. In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any non-procurement transaction (unless excepted) at either a “primary” or “secondary” tier.
Although “covered transactions” do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients and subrecipient. e. Specifically, a covered transaction includes the following contracts for goods or services:
(1) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. 1317
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(2) The contract requires the approval of FEMA, regardless of amount. (3) The contract is for federally required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000.
d. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified:
“Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such the contractor is required to verify that none of the contractor, its principals (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 and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/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.”
17.Byrd Anti-LobbyingAmendment.
c. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
d. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II, ¶ I; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C, ¶ 4.
e. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award. See PDAT Supplement, Chapter IV, ¶ 6.c and Appendix C, ¶ 4.
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f. The following provides a Byrd Anti-Lobbying contract clause:
“Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.”
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifyand disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, , certifies or affirms the truthfulness and accuracyof each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, ifany.
thyssenkrupp Elevator
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04/03/2020
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To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.
m. Access to Records.
All non-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, ¶ XXVI (2013).
n. The following provides a contract clause regarding access to records:
“Access to Records. The following access to records requirements apply to this contract:
(4) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
(5) 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. (6) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under thecontract.”
20.DHS Seal, Logo, and Flags.
o. All non-Federal entities must place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v
3.0, ¶ XXV (2013).
p. The following provides a contract clause regarding DHS Seal, Logo, and Flags: “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.”
21.Compliance with Federal Law, Regulations, and Executive Orders. q. All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives.
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thyssenkrupp Elevator
3100 Interstate N Circle, SE, Suite 500 Atlanta, GA 30339 770-799-0478
[email protected]
04/03/2020
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EXHIBIT G
NEW JERSEY BUSINESS COMPLIANCE
NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners, Public Sector’s ability to promote the Master Agreement in the State of New Jersey.
DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran DOC #7 New Jersey Business Registration Certificate
New Jersey suppliers are required to comply with the following New Jersey statutes when applicable:
• all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38; • Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act;
• Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and • Bid and Performance Security, as required by the applicable municipal or state statutes. 1323
thyssenkrupp Elevator
3100 Interstate N Circle , SE, Suite 500
Atlanta, GA 30339
04/03/2020
1324
thyssenkrupp Elevator
3100 Interstate N Circle , SE, Suite 500
Atlanta, GA 30339
thyssenkrupp Elevator
1325
04/03/2020
thyssenkrupp Elevator
3100 Interstate N Circle SE Suite 500
Atlanta, GA 30339
1326
Requirements for National Cooperative Contract
DOC #3, continued
P.L. 1995, c. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE
CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these 1327
Requirements for National Cooperative Contract
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
1328
Year 2017
Street
City Zip 33321
0 53 51 29 1 7 9 6
(G) (H) (I) (J)
2 3 8 2 9 0
2242 3003
(K) (L)
Total number of… Knowingly falsifying this document may result in a fine. (M)
(1) Injury 133 (4) Poisoning 0
(2) Skin Disorder 0 (5) Hearing Loss 0
(3) Respiratory
Condition 0 (6) All Other Illnesses 0
Employment information
Tamarac
Your establishment name
5701 Pine Island Road Suite 390
FL
ThyssenKrupp Elevator Corporation
Sign here
State
Company executive
I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete.
15,889,281
954 597-3000
Eric Scrudders
Phone
Total hours worked by all employees last
year
Standard Industrial Classification (SIC), if known (e.g., SIC 3715) Annual average number of employees 7944
ThyssenKrupp Elevator Corporation
Total number of
other recordable
cases
Number of Days
Establishment information
Total number of
deaths
Number of Cases
Form approved OMB no. 1218-0176
Title
Date
VP Risk Mgt.
1/22/2018
Elevator installation, conversion, repair & maintenance U.S. Department of Labor
OSHA's Form 300A (Rev. 01/2004)
Summary of Work-Related Injuries and Illnesses Occupational Safety and Health Administration Total number of days
away from work
Total number of days of
job transfer or restriction
Public reporting burden for this collection of information is estimated to average 58 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office.
Injury and Illness Types
Industry description (e.g., Manufacture of motor truck trailers) Post this Summary page from February 1 to April 30 of the year following the year covered by the form All establishments covered by Part 1904 must complete this Summary page, even if no injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete Using the Log, count the individual entries you made for each category. Then write the totals below, making sure you've added the entries from every page of the log. If you had no cases write "0." Employees former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for further details on the access provisions for these forms.
Total number of
cases with days
away from work
Total number of cases
with job transfer or
restriction
1329
1330
Year 2019
Street
City Zip 33071
1 63 57 33 1 7 9 6
(G) (H) (I) (J)
2 3 8 2 9 0
3126 3983
(K) (L)
Total number of… Knowingly falsifying this document may result in a fine. (M)
(1) Injury 154 (4) Poisoning 0
(2) Skin Disorder 0 (5) Hearing Loss 0
(3) Respiratory
Condition (6) All Other Illnesses 0
Industry description (e.g., Manufacture of motor truck trailers) Post this Summary page from February 1 to April 30 of the year following the year covered by the form All establishments covered by Part 1904 must complete this Summary page, even if no injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete Using the Log, count the individual entries you made for each category. Then write the totals below, making sure you've added the entries from every page of the log. If you had no cases write "0." Employees former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for further details on the access provisions for these forms.
Total number of
cases with days
away from work
Total number of cases
with job transfer or
restriction
Total number of days
away from work
Total number of days of
job transfer or restriction
Public reporting burden for this collection of information is estimated to average 58 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office.
Injury and Illness Types
U.S. Department of Labor
OSHA's Form 300A (Rev. 01/2004)
Summary of Work-Related Injuries and Illnesses Occupational Safety and Health Administration Form approved OMB no. 1218-0176
Title
Date
CLO/VP Risk Mgt.
1/10/2020
Elevator installation, conversion, repair & maintenance Establishment information
Total number of
deaths
Number of Cases
154
ThyssenKrupp Elevator Corporation
Total number of
other recordable
cases
Number of Days
Total hours worked by all employees last
year
Standard Industrial Classification (SIC), if known (e.g., SIC 3715) Annual average number of employees 8,101
954 597-3000
Eric Scrudders
Phone
Company executive
I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete.
16,202,379
ThyssenKrupp Elevator Corporation
Sign here
State
Employment information
Coral Springs
Your establishment name
210 N. University Drive Suite 804
FL
1331
1 | 09.09.2015 | Introducing thyssenkrupp | Company presentation We engage as entrepreneurs, with confidence, a
passion to perform, and courage, aiming to be best
in class. This is based on the dedication and
performance of every team member. Employee
development is especially important. Employee
health and workplace safety have top priority.
Competence and diversity, global reach,
and tradition form the basis of our worldwide market
leadership. We create value for customers,
employees and shareholders.
We meet the challenges of tomorrow
with our customers.
We hold ourselves to the highest standards.
We share
common values.
We serve the interests of the Group. Our interactions
are based on transparency and mutual respect.
Integrity, credibility, reliability and consistency
define everything we do. Compliance is a must. We
are a responsible corporate citizen.
We are customer-focused. We develop innovative
products and services that create sustainable
infrastructures and promote efficient use of
resources.
We are thyssenkrupp.
1332
Elevator Technology
Your Service
Partner.
Always there.
1333
2 Making cities better.
To meet changing resident and business demands, cities need to adopt efficient urban planning and infrastructure development. They also need to create solutions for keeping people mobile in the midst of rapid growth.
As your urban mobility leader, thyssenkrupp Elevator is reshaping the elevator industry and transforming cities. We’re constantly evolving, with new products like MULTI, the first rope-less and horizontally moving elevator and MAX, our predictive
maintenance solution.
To improve urban mobility, thyssenkrupp provides industry-leading elevator and escalator service.
Half of the world’s population now lives in
cities. And urban populations are expected to
grow by another 2.8 billion people by 2050.
MULTI: our award-winning multidirectional elevator
1334
Content
02 We make your job easier.
04 Responsive support. Always available.
05 Safety is everything.
06 Always available. Always nearby.
08 Technicians supported by expert engineers.
10 MAXimize your uptime.
12 We keep escalators and moving walks running smoothly. 14 Tools, teams and people dedicated to you.
16 Service packages that
suit your needs.
18 Breathe easy.
20 About thyssenkrupp.
20 Our core principles.
21 thyssenkrupp at a glance.
At thyssenkrupp Elevator, our aim is to
make cities the best places to live: to
move people safely, comfortably and
efficiently — today and tomorrow.
We do this by intelligently applying
existing technologies and developing
next-generation solutions – working
closely with you to advance an industry
that moves more than 1 billion people
a day, worldwide.
thyssenkrupp headquarters, Essen, Germany
1335
Your elevators
are critical.
Your tenants are busy and have high
expectations. The last thing you need are
unreliable elevators and escalators.
Building traffic increases. Lines form.
Frustration builds. Tenants complain.
And your building staff gets the blame.
1336
Service 3
We make your job easier.
We know your focus is on your building and
its tenants — not elevators and escalators.
That’s what thyssenkrupp is for. Our
experts take pride in keeping your
equipment moving efficiently and safely
while keeping you in the loop.
We have the size and resources to fully
support you and your vertical
transportation needs — when and where
you need us. This includes our round-theclock call center, a dedicated account manager and sophisticated online tools.
Through our preventative maintenance
programs, we regularly inspect your
equipment and perform necessary
adjustments. This leads to increased
uptime and fewer tenant complaints.
But even with the best care, equipment
sometimes breaks down. That’s why you
need a partner you can trust. We’ll work
closely with you to match our services
to your needs.
1337
Responsive support.
Always available.
As a thyssenkrupp service partner,
you’ll be backed by a company with
more than 70 years of experience
keeping equipment moving safely.
You can always count on our:
• 2,600 highly-trained service technicians, experts
in thyssenkrupp and third-party (OEM) equipment
• 24/7 emergency service availability from technicians
who are always nearby
• 24/7 thyssenkrupp call center, standing by to quickly take your call
• Customer Portal, an online tool for managing your
elevator account and placing service requests
• Global network of engineers and experts, International Technical Services
• Advanced diagnostic tools for communicating with
thyssenkrupp and third-party equipment
• Predictive maintenance solution, MAX, which
dramatically improves elevator uptime using Internet
of Things (IoT) technology
• Dedicated account managers, your point of contact
for account-related issues
• Capital planning services to help you budget for
future expenses
1338
Service 5
As your service provider, we build safety into
everything we do.
By meeting or exceeding national and local
elevator codes for our equipment, we
maintain a safe environment for your
passengers as well as our technicians.
Through our expertise and training, we
identify and eliminate potential hazards.
We also stay current with the latest:
• Service standards and processes
• Equipment inspections and certifications
• Construction and installation standards
By partnering with thyssenkrupp, you can
count on us to provide safe and reliable
vertical transportation to the riding public.
Safety is
everything.
When passengers ride your
elevators and escalators,
you want them safe.
1339
Always available.
Always nearby.
With more than 100 thyssenkrupp branches
across the U.S., our service technicians are
never far from your buildings — and they’re
available day and night.
If your building needs a dedicated technician for
immediate responses, we can provide that too.
6 1340
Service 7
Branch Corporate offices
Service by the numbers
branches across
the United States
Over 100
service and repair technicians
2,600
Coverage
offered in all50states
34%
66% thyssenkrupp
equipment
Third-party
equipment
Equipment serviced
Puerto Rico
and
service units
We 200,000+
1341
International Technical Services (ITS) offers the latest in diagnostic tools, troubleshooting support, PC board repair and technical training for thyssenkrupp’s and other manufacturers’ units, including Otis, KONE, Schindler, Fujitec and Mitsubishi.
Averaging over 23 years of experience, ITS field engineers are among the most skilled and knowledgeable in the industry.
They provide 24/7 support and are an exceptionally valuable resource for our field technicians, and ultimately, our customers.
Priceless, actually.
Technicians supported
by expert engineers.
PC board repairs
Each year, International Technical Services repairs thousands of PC boards and drive units from all major manufacturers. We also store thousands of competitors’ PC boards to meet urgent demand for replacements. Usually, we can repair and return PC boards in less than 24 hours, minimizing your equipment downtime.
Training
ITS trains thousands of technicians annually on thyssenkrupp and competitor equipment. A full-time staff is also dedicated to creating service manuals and documentation on competitor equipment.
These efforts ensure our equipment knowledge stays up-to-date. 1342
Real-time support
Your onsite service technician can access
real-time support from ITS field engineers
in our research and repair labs. This expert
collaboration helps us quickly solve
any challenge.
1343
MAX
your
Smarter service and
1344
imize
uptime.
less downtime with MAX.
1345
MAX is
working onsite
24/7/365.
Using cutting-edge IoT technology,
MAX continuously collects data about
your equipment’s components and
systems and sends it to the cloud. The
data is analyzed and compared with data
taken from other MAX-connected
elevators. Algorithms then predict
whether your equipment requires
maintenance from our technicians.
1346
MAX sends
equipment
diagnoses to
your technician.
Your technician is sent alerts if your
equipment breaks down. These alerts
are added to your technician’s work
order application. We often know when
the equipment shuts down before you or
your tenants. This saves time and helps
us provide smarter, pre-emptive service.
1347
Because your technician is aware of
reported issues in advance, less time is
needed for troubleshooting and repairs.
Your technician’s MAX notification
advises them on which replacement
parts are needed for your job site,
resulting in shorter visits and fewer trips.
Your technician
completes
repairs in
less time.
1348
You’ll have
less downtime
and happier
tenants.
The predictive maintenance from MAX
can reduce your equipment’s downtime
by up to 50 percent. It also helps you
better plan for future costs and schedule
disruptions. MAX captures more than
16.5 million daily elevator trips in the
U.S., driving predictive analytics models
that can identify shutdowns with over
95 percent accuracy. As MAX continues
gathering data, it will get even better at
predicting shutdowns before they
happen — and prescribing fixes.
1349
We keep escalators
and moving walks
running smoothly.
1350
Service 13
Escalators and
moving walks have
near constant use,
placing high demands
on their parts and
components.
Whether they’re in a shopping mall, airport or sports arena, our expert service keeps this critical equipment code compliant and running safely.
We also service third-party escalators and moving walks.
As your service partner, we’ll provide individualized and budget-friendly service plans, along with reliable
replacement parts.
1351
14 Tools, teams and people
dedicated to you.
24/7 call center
thyssenkrupp’s call center is always standing by to quickly take calls and dispatch service technicians. Our highly-trained dispatchers handle over 1 million calls a year, can communicate in up to 135 languages and strive to answer calls in less than 10 seconds.
In the unfortunate event of a passenger entrapment, our call center immediately sends a technician to your location. Dispatchers also communicate with the passengers to provide peace of mind and let them know they aren’t alone.
Dedicated account manager
As a service customer, you’ll be backed by a dedicated account manager. That person is your point of contact for any
account-related questions or concerns.
Asset management
As your equipment ages, you may need to think about repair costs and keeping your equipment up-to-date. Through our capital planning process, we’ll help you plan for these expenses by spreading them out over time.
Online Customer Portal
As a thyssenkrupp service customer, you’ll receive access to the Customer Portal — our online tool for managing your elevator account and placing service requests.
With the Customer Portal, you can sign up for email notifications to inform you when service and maintenance calls are completed. You also can download reports showing your service and
maintenance history.
Need to place a trouble call or have
long-term planning questions?
A range of teams, managers and
technology is here to support you.
1352
Service 15
1353
Service packages
that suit your needs.
1354
Service 17
Machinery with constant use requires constant care. For elevators and escalators, this means regular inspections and adjustments. But even with the best care, equipment occasionally breaks down. That’s where our service packages matter. Whether your elevator is used once a week in a church, or in a hospital that operates 24/7/365, we’ve got you covered. This includes expert service for competitor equipment, such as Otis, KONE, Schindler, Fujitec and Mitsubishi.
Like any good partnership, we’re with you for the long haul. Our professionals can help you understand your elevator’s life cycle and plan for necessary capital expenditures. Capital planning is an imperative and we’re ready to help.
We service thyssenkrupp and
non-thyssenkrupp equipment.
Packages Bronze Gold Platinum Platinum Premier
Services
Quality assurance
Preventative
maintenance
Annual safety testing
ADA telephone
monitoring
Customer Portal
MAX
Parts repair and
replacement
Service requests
during normal hours
After-hours
service requests
Included Limited or
conditional Optional
1355
18 Breathe
easy.
In 2010, we introduced
propane-powered vehicles.
This reduced our fuel
consumption by 850,000
gallons per year.
1356
Service 19
less raw
materials
less gas
consumption
less paint
and sludge
less energy
consumption
less plastic,
wood and paper
less packaging,
efficient logistics process
less water
consumption
We provide environmentally-friendly solutions for ourselves, our customers and the planet.
Our service technicians began switching to smaller and more fuel-efficient vehicles in 2010, and when possible, to propanepowered vehicles. This saved our company 850,000 gallons of fuel per year and the figure has been growing.
We’re the first elevator company to share what’s in our products and materials, and we’re proud to lead our industry in
material transparency.
We also can make existing products more efficient. Features like automatic fan and light shutoff save energy, while regenerative drives put extra energy back into your building.
Our 12-acre Tennessee factory is certified LEED Gold for Existing Buildings. We’re the first elevator company to achieve this status.
When doing business with us, you can be confident that everything we do keeps your health and the environment in mind.
PLATINUM
1357
20 Our core principles.
We deliver.
Reliable and high-quality products,
services and solutions with precision and a
superior cost-benefit ratio. We innovate.
We strive to find technology and business
solutions that cater to future
customer needs.
We understand.
We listen, make suggestions, and
co-develop with our customers.
We are leading the way.
We act with foresight and a solutionoriented mindset to progress our customers, employees and
other stakeholders.
We build on
strong experience.
Our expertise is based on over
40 years of engineering competence.
We empower
our employees.
We live an innovation culture
based on respect and
efficient collaboration.
We act as a
reliable partner.
We act in an honest, authentic
and responsive manner towards
customers, employees and
other stakeholders.
1358
Service thyssenkrupp Elevator at a glance 21
Always
there.
Our passionate goal is to always be there to secure the reliability of mobility equipment, ensuring it provides each passenger with the safest and most comfortable travel experience, thereby helping to make cities the best ever places to live.
24/7
service available for
customers
1,000+
locations
24,000service
technicians
worldwide
50,000+
employees
1,200,000
countries
customers in
elevators and escalators under maintenance150
+
1359
RFP Page 22
a. References:
vii. Provide a minimum of 5 customer references relating to the products and services within this RFP. Include entity name, contact name and title, contact phone and email, city, state, years serviced, description of services and annual volume.
Entity Name: Tarrant County
Contact Name and Title: Mike Amador – Operations
City and State: Ft Worth, TX
Phone Number: [email protected]
Years Serviced: 8 years
Description of Services: Elevator Maintenance on over 50 units Annual Volume: $746,268
Entity Name: City of Chesapeake
Contact Name and Title: Keith Braziel - Operations
City and State: Chesapeake, VA
Phone Number: 757-377-2651
Years Serviced: 6 years
Description of Services: Elevator Maintenance of over 30 units Annual Volume: $82,104
Entity Name: GSA PBS
Contact Name and Title: Christy Pearce Contract Specialist City and State: Various
Phone Number: 816-823-2243
Years Serviced: 9 years
Description of Services: Elevator Maintenance on over 554 units Annual Volume: $3,118,368
Entity Name: Wichita State University
Contact Name and Title: Steven White – Director of Purchasing City and State: Wichita, KS
Phone Number: 316-978-3782
Years Serviced: 2 Years
Description of Services: Elevator Maintenance on 64 Elevators Annual Volume: $127,200.00
Entity Name: UNC Charlotte
Contact Name and Title: Douglas Pierce – Senior Purchasing Agent City and State: Charlotte, NC
Phone Number: 704-687-7322
Years Serviced: Under 1 Year
Description of Services: Elevator Maintenance for 120 Units Annual Volume: $393,232.20
viii. Provide any additional information relevant to this section. 1360
RFP Page 20
c) Qualification and Experience
i. Provide a brief history of the Offeror, including year it was established and corporate office location.
thyssenkrupp Elevator’s ultimate parent is thyssenkrupp AG, a large German corporation headquartered in Düsseldorf. thyssenkrupp AG’s predecessor, Thyssen AG entered the North American vertical transportation market in the 1980’s, and was growing its business, when it acquired Dover Elevator Company in July 1999. Dover was well established in the U.S. market, and the merger of these two companies created the largest vertical transportation company in North America. Thyssen and Dover Elevator joined forces as Thyssenkrupp Elevator with one purpose: to exceed customer expectations with a powerful combination of products, services and technology.
Corporate Office: 3100 Interstate North Circle, SE, Suite 500, Atlanta GA 30339 ii. Describe Offeror’s reputation in the marketplace.
• Competence and diversity, global reach and tradition form the basis of our worldwide market leadership. We create value for customers, employees and shareholders. We are customer-focused. We develop innovative products and services that create sustainable infrastructures and promote efficient use of resources. We engage as entrepreneurs with confidence, a passion to perform and courage, aiming to be best in class. This is based on the dedication and performance of every team member.
Employee development is especially important. Employee health and workplace safety have top priority. We serve the interests of the group.
Our interactions are based on transparency and mutual respect. Integrity, credibility, reliability and consistency define everything we do. Compliance is a must. We are a responsible corporate citizen
iii. Describe Offeror’s reputation of products and services in the marketplace. • International Technical Services is a key component to our ability to maintain our competitor manufactured equipment. In addition to providing engineering support, training and technical publications, ITS provides repair and diagnostic testing of circuit boards. In addition, they provide and develop the diagnostic tools to trouble shoot microprocessor controllers. This is a key advantage of thyssenkrupp Elevator, we are nearly self-contained when it comes to microprocessor boards. • thyssenkrupp Elevator utilizes GPS within our Technician’s mobile devices so that we can route the closest technician to service calls in effort to reduce downtime. We continually look for ways to better serve and communicate with our customers. As we find more ways to improve 1361
RFP Page 21
our service through mobile technology ThyssenKrupp Elevator is always communicating these new enhancements to our customers.
• With over 34% of the new installation market, ThyssenKrupp Elevators product line has earned one of the highest reputations for consistency and continuous operation in the Americas.
iv. Describe the experience and qualification of key employees. • National Sales Manager – Jeff Jaudes – National Accounts Manager – Started with thyssenkrupp in 2009. Jeff Jaudes has worked in the Elevator Industry since 1982.
[email protected] 972-365-6128
• National Sales Support – Jamie Blackman - National Account Coordinator – Started with thyssenkrupp 04/01/2013:
[email protected] 770-799-0478
v. Describe Offeror’s experience working with the government sector.
We currently maintain a Federal Service Supply contract for the next 20 years and have for the last 20 years. Approximately 15% of our maintenance is with state, local and city government.
vi. Describe past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors.
DNB Report and 2017,2018 and 2019 Osha Reports included with Bid Submission under Tab 4.
1362
RFP Page 23
d) Value Add
i. Provide any additional information related to products and servicesOfferor proposes to enhance and add value to the Contract.
3. Competitive Range: It may be necessary to establish a competitive range. Factors from the predetermined criteria will be used to make this determination. Responses not in the competitive range will not receive further award consideration. Region 4 ESC may determine establishing a competitive range is notnecessary.
4. Past Performance: An Offeror’s past performance and actions are relevant in determining whether or not the Offeror is likely to provide quality goods and services; the administrative aspects of performance; the Offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Offeror’s businesslike concern for the interests of the customer may be taken into consideration when evaluating proposals, although not specifically mentioned in the RFP.
5. Additional Investigations: Region 4 ESC reserves the right to make such additional investigations as it deems necessary to establish the capability of any Offeror. 1363
RFP Page 24
VALUE ADDS
Value Add #1 – New Installation
Summary:
o Pricing control and quality equipment.
o Additional admin fees.
o All members will be notified of product availability.
Detail Description:
o Products are manufactured in Middleton, TN Facility.
o Units are certified by the local authority afterinstallation. o Installations are at the local customer site.
o Installations are performed by TKE employees, trained andcertified by the IUEC.
o These products are not proprietary, competition is all major providers.
Additional Information and Samples:
o New Installation Agreement Sample
o New Installation Proposal Sample
o Battery Lowering Kit – Exhibit 1
o Car Doors – Exhibit 2
o SmartTech II – Exhibit 3
o Endura MRL Brochure – Exhibit 4 (New Install Only)
o Fire Service – Exhibit 5
o HD-LM Door Operator – Exhibit 6
o HLR 3 – Exhibit 7
o Microlight – Exhibit 8
o Car Top Rail Kit – Exhibit 9
o Power Units – Exhibit 10
o TAC 22 – Exhibit 11
o TAC 50 – Exhibit 12
o MAX Brochure – Exhibit 20
o HoldSafe Handrail – Exhibit - 21
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RFP Page 25
Value Add #2 – Modernization
Summary:
o Pricing control and quality equipment.
o Additional admin fees.
o All members will be notified of product availability.
Detail Description:
o Products are manufactured in Middleton, TN Facility.
o Units are certified by the local authority after modernization. o Modernizations are at the local customer site.
o Modernizations are performed by TKE employees, trained and certified by the IUEC.
o These products are not proprietary, competition is all major providers.
Additional Information and Samples:
o MODsolutions Brochure – Exhibit 22
o Battery Lowering Kit – Exhibit 1
o Car Doors – Exhibit 2
o SmartTech II – Exhibit 3
o Fire Service – Exhibit 5
o HD-LM Door Operator – Exhibit 6
o HLR 3 – Exhibit 7
o Microlight – Exhibit 8
o Car Top Rail Kit – Exhibit 9
o Power Units – Exhibit 10
o TAC 22 – Exhibit 11
o TAC 50 – Exhibit 12
o Door Restrictors – Exhibit 18
o MAX Brochure – Exhibit 20
o HoldSafe Handrail – Exhibit - 21
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RFP Page 26
Value Add #3 – Eco & Energy Saving Upgrades
Summary:
o Pricing control and quality equipment.
o Enviromax – Vegetable based Hydraulic Fluid
o LED Retro Kits – Lasts 90% longer and halogens
o Econolight – Eliminates 60% of wasted Energy
o All members will be notified of product availability.
Detail Description:
o Products are manufactured in Middleton, TN Facility.
o Units are certified by the local authority.
o Upgrades are done at the local customer site.
o Upgrades are performed by TKE employees, trained and certified by the IUEC.
o These products are not proprietary, competition is all major providers.
Additional Information and Samples:
o Enviromax – Exhibit 13
o LED Cutesheet – Exhibit 14
o Solid Starter Kit – Exhibit 15
o Solid Starters – Exhibit 16
o Econolight – Exhibit
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RFP Page 27
Value Add #4 – Telephone Monitoring
Summary:
• Direct line monitoring
• No 3rd party involved, service calls go directly to the service provider • Faster service to contracted members
Detail Description:
• Products are manufactured in Middleton, TN Facility
• Services performed through TKCommunications in Coppell, TX • TKE employees trained and certified in process for emergency call and dispatch.
Additional Information and Samples:
o SoundNet Brochure Exhibit 19
1367
Appendix C
ADDITIONAL REQUIRED DOCUMENTS
DOC #1 Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy DOC #2 Antitrust Certification Statements (Tex. Government Code § 2155.005) DOC #3 Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295) DOC #4 Texas Government Code 2270 Verification Form
DOC #5 Special Conditions
DOC #6 Questionnaire
DOC #7 For applicable construction/reconstruction/renovation and related services, a bid guarantee is required not less than five percent (5%) of the total bid. Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bond documents and bind the Surety to the bid bond conditions. The bid bond shall have a corporate Surety that is licensed to conduct business in Texas and authorized to underwrite bonds in the amount of the bid bond. For the purposes of this solicitation, the total bid is to be $60,000,000. 1368
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1370
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Appendix C, DOC # 5
SPECIAL CONDITIONS
The below clauses are applicable to the Offer; by Submitting a Sealed Proposal the Offeror is accepting these Special Conditions:
Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest.
Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3.
i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of Region 4 ESC 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 minims, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.
Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended as described in Chapter III, ¶ 6.d must be rejected and cannot receive contract awards at any level.
Public Policy
A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7
c. Applicable prevailing wage laws, regulations, and executive orders 1373
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;
Federal Requirements
Services issued under this contract may be in response to an emergency or disaster recovery situation and eligible for federal funding; Services issued in response to an emergency or disaster recovery situation are subject to and must comply with all federal requirements applicable to the funding. The remaining items below, located in this Special Conditions section, are activated and required when federal funding may be utilized. 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses
1. Termination for Convenience:
The right to terminate this Contract for the convenience of Region 4 ESC is retained by Region 4 ESC. In the event of a termination for convenience by Region 4 ESC, Region 4 ESC shall, at least ten (10) calendar days in advance, deliver written notice of the termination for convenience to Contractor. Upon Contractor’s receipt of such written notice, Contractor immediately shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Work then in place. Contractor shall then be paid by Region 4 ESC, in accordance with the terms and provisions of the Contract Documents, an amount not to exceed the actual labor costs incurred, the actual cost of all materials installed and the actual cost of all materials stored at the project site or away from the project site, as approved in writing by Region 4 ESC but not yet paid for and which cannot be returned, and actual, reasonable and documented demobilization costs, if any, paid by Contractor and approved by Region 4 ESC in connection with the Scope of Work in place which is completed as of the date of termination by Region 4 ESC and that is in conformance with the Contract Documents, less all amounts previously paid for the Work. No amount ever shall be owed or paid to Contractor for lost or anticipated profits on any part of the Scope of Work not performed or for consequential damages of any kind. 1374
2. Equal Employment Opportunity:
Region 4 ESC highly encourages Contractors to implement Affirmative Action practices in their employment programs. This means Contractor should not discriminate against any employee or applicant for employment because of race, color, religion, sex, pregnancy, sexual orientation, political belief or affiliation, age, disability or genetic information.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, 1375
terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
3. “During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will 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.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of 1376
investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for 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 as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.”
4. Davis Bacon Act and Copeland Anti-KickbackAct.
a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only 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. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. b. 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.
c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once aweek. 1377
d. 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. e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts.
However, as discussed in the previous subsection, the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does not apply, neither does the Copeland “Anti-Kickback Act.” However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause:
“Compliance with the Copeland “Anti-Kickback” Act.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”
5. Contract Work Hours and SafetyStandards Act.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the nonFederal entity in excess of $100,000 that involve the employment of mechanics or 1378
laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, ¶ E.
c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act:
“Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor 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 (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be 1379
withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federallyassisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.”
6. Rights to Inventions Made Under a Contract or Agreement. a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” b. If the FEMA award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the nonFederal 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.
c. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of thisparagraph.
7. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of $150,000 must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C.
§§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the 1380
Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶ G. a. The following provides a sample contract clause concerning compliance for contracts of amounts in excess of $150,000:
“Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.
§ 7401 et seq.
(2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection 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 (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in partwith Federal assistance provided by FEMA.”
8. Debarment and Suspension.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension 1381
(1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non procurement Debarment and Suspension).
c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV, ¶ 6.d and Appendix C, ¶ 2.
d. In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any non-procurement transaction (unless excepted) at either a “primary” or “secondary” tier. Although “covered transactions” do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients and subrecipient.
e. Specifically, a covered transaction includes the following contracts for goods or services:
(1) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000.
(2) The contract requires the approval of FEMA, regardless of amount. (3) The contract is for federally required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000.
d. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified:
“Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 1382
180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its 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 and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/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.”
9. Byrd Anti-LobbyingAmendment.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II, ¶ I; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C, ¶ 4.
c. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. See PDAT Supplement, Chapter IV, ¶ 6.c and Appendix C, ¶ 4. d. The following provides a Byrd Anti-Lobbying contract clause:
“Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds 1383
to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.”
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifyand disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, , certifies or affirms the truthfulness and accuracyof each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
thyssenkrupp Elevator
1384
Mark Hintz
04/03/2020
1385
(2) Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.”
11. Additional FEMARequirements.
a. The Uniform Rules authorize FEMA to require additional provisions for nonFederal entity contracts. FEMA, pursuant to this authority, requires or recommends the following:
b. Changes.
To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract.
The language of the clause may differ depending on the nature of the contract and the end-item procured.
c. Access to Records.
All non-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, ¶ XXVI (2013).
d. The following provides a contract clause regarding access to records:
“Access to Records. The following access to records requirements apply to this contract:
(1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.”
1386
12. DHS Seal, Logo, and Flags.
a. All non-Federal entities must place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v 3.0, ¶ XXV (2013). b. The following provides a contract clause regarding DHS Seal, Logo, and Flags: “The 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.”
13. Compliance with Federal Law, Regulations, and Executive Orders. a. All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives. b. The following provides a contract clause regarding Compliance with Federal Law, Regulations, and Executive Orders: “This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.”
14. No Obligation by FederalGovernment.
a. The non-Federal entity must include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from thecontract.
b. The following provides a contract clause regarding no obligation by the Federal Government: “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”
15. Program Fraud and False or Fraudulent Statements or Related Acts. a. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.
b. The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts: “The contractor acknowledges that 31 U.S.C.
Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to thiscontract.” 1387
thyssenkrupp Elevator
3100 Interstate N Circle SE Suite 500 Atlanta, GA 30339 770-799-0478 N/A
Mark Hintz
[email protected]
4/03/2020
1388
Appendix C, DOC # 6
QUESTIONNAIRE
Please provide responses to the following questions that address your company’s operations, organization, structure and processes for providing products and services.
1. Diversity Programs
• Do you currently have a diversity program or any diversity partners that you do business with? Yes No
(If the answer is yes, attach a statement detailing the structure of your program, along with a list of your diversity alliances and a copy of their certifications.)
2. Diverse Vendor Certification Participation
Region 4 ESC encourages the use of under-utilized businesses (HUB), minority and women business enterprises (MWBE), and small and/or disadvantages business enterprises (SBE) both as prime and subcontractors. Offerors shall indicate below whether or not they and/or any of their subcontractors (and if so which) hold certification in any of the classified areas and include proof of such certification with their response. a. Minority Women Business Enterprise
Respondent certifies that this firm is an MWBE Yes No
List certifying agency: _______________________________________________ b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE) Respondent certifies that this firm is a SBE or DBE Yes No List certifying agency: _______________________________________________ c. Historically Underutilized Businesses (HUB)
Respondent certifies that this firm is a HUB Yes No
List certifying agency: _______________________________________________ d. Historically Underutilized Business Zone Enterprise (HUBZone) Respondent certifies that this firm is a HUBZone Yes No List certifying agency: _______________________________________________ e. Other
Respondent certifies that this firm is a recognized diversity Yes No certificate holder
List certifying agency: _______________________________________________
3. Has Offeror made and is Offeror committed to continuing to take all affirmative steps set forth in 2 CFR 200.321 as it relates to the Scope of Work outlined in this solicitation? Yes No 1389
1390
1391
1392
1393
7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
ADDENDUM NO. 1
Solicitation Number 20-05
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
Elevator Industry Equipment, Repair, Related Products and Services SUBMITTAL DEADLINE: Tuesday, April 7, 2020, 10:00 AM CENTRAL TIME This Addendum No. 1 amends the Request for Proposals (RFP) for Elevator Industry Equipment, Repair, Related Products and Services (“Addendum”). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail.
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified suppliers with the intent to enter into a Contract for Elevator Industry Equipment, Repair, Related Products and Services. Addendum No. 1 is hereby issued as follows:
1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from Tuesday, March 24, 2020 @ 2:00 PM Central Time and extended as indicated below and above:
• Tuesday, April 7, 2020 @ 10:00 AM Central Time
1394
RECEIPT OF ADDENDUM NO. 1 ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal response.
Company Name ______________________________________
Contact Person _______________________________________
Signature ____________________________________________
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
03/16/2020
thyssenkrupp Elevator
Jeff Jaudes
1395
7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
ADDENDUM NO. 2
Solicitation Number 20-05
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
Elevator Industry Equipment, Repair, Related Products and Services SUBMITTAL DEADLINE: Tuesday, April 14, 2020, 10:00 AM CENTRAL TIME This Addendum No. 2 amends the Request for Proposals (RFP) for Elevator Industry Equipment, Repair, Related Products and Services (“Addendum”). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail.
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified suppliers with the intent to enter into a Contract for Elevator Industry Equipment, Repair, Related Products and Services. Addendum No. 2 is hereby issued as follows:
1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from Tuesday, April 7, 2020 @ 10:00 AM Central Time and extended as indicated below and above:
• Tuesday, April 14, 2020 @ 10:00 AM Central Time
1396
RECEIPT OF ADDENDUM NO. 2 ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal response.
Company Name ______________________________________
Contact Person _______________________________________
Signature ____________________________________________
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
thyssenkrupp Elevator
Jeff Jaudes
03/17/2020
1397
7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
ADDENDUM NO. 3
Solicitation Number 20-05
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
Elevator Industry Equipment, Repair, Related Products and Services SUBMITTAL DEADLINE: Tuesday, May 5, 2020, 10:00 AM CENTRAL TIME This Addendum No. 3 amends the Request for Proposals (RFP) for Elevator Industry Equipment, Repair, Related Products and Services (“Addendum”). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail.
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified suppliers with the intent to enter into a Contract for Elevator Industry Equipment, Repair, Related Products and Services. Addendum No. 3 is hereby issued as follows:
1. Submittal Deadline: The submittal deadline for this RFP is hereby changed from Tuesday, April 14, 2020 @ 10:00 AM Central Time and extended as indicated below and above:
• Tuesday, May 5, 2020 @ 10:00 AM Central Time
1398
RECEIPT OF ADDENDUM NO. 3 ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal response.
Company Name ______________________________________
Contact Person _______________________________________
Signature ____________________________________________
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
thyssenkrupp Elevator
Jeff Jaudes
04/07/2020
1399
7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
ADDENDUM NO. 4
Solicitation Number 20-05
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
Elevator Industry Equipment, Repair, Related Products and Services SUBMITTAL DEADLINE: Tuesday, May 5, 2020, 10:00 AM CENTRAL TIME This Addendum No. 4 amends the Request for Proposals (RFP) for Elevator Industry Equipment, Repair, Related Products and Services (“Addendum”). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail.
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified suppliers with the intent to enter into a Contract for Elevator Industry Equipment, Repair, Related Products and Services. Addendum No.4 is hereby issued as follows:
1. Proposal Format: The submission requirement in Section 5 in the “Instructions to Offerors” in this RFP is hereby revised as follows:
• The requirement for two (2) bound copies is waived.
• Offeror must submit their complete response on two (2) electronic copies; pin/flash drives. Offeror must also submit two (2) electronic proposals free of propriety information to be posted, if awarded a Contract.
2. Required Documents
• Any document requiring appearance before a notary shall be waived until a later date or upon Region 4 ESC request.
1400
RECEIPT OF ADDENDUM NO. 4 ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal response.
Company Name ______________________________________
Contact Person _______________________________________
Signature ____________________________________________
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
04/17/2020
thyssenkrupp Elevator
Jeff Jaudes
1401
Region 4 Education Service Center (ESC)
Contract #R200502
for
Elevator Industry Equipment, Repair, Related
Products and Services
with
thyssenkrupp Elevator
Effective: October 1, 2020
1402
The following documents comprise the executed contract between the Region 4 Education Service Center and thyssenkrupp Elevator, effective October 1, 2020:
I. Vendor Contract and Signature Form
II. Supplier’s Response to the RFP, incorporated by reference 1403
CONTRACT
1 APPENDIX A
CONTRACT
This Contract (“Contract”) is made as of __________, 201X by and between Thyssenkrupp Elevator (“Contractor”) and Region 4 Education Service Center (“Region 4 ESC”) for the purchase of Elevator Industry Equipment, Repair Products and Services (“the products and services”).
RECITALS
WHEREAS, Region 4 ESC issued Request for Proposals Number R #20-05 for Elevator Industry Equipment, Repair Products and Services (“RFP”), to which Contractor provided a response (“Proposal”); and
WHEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.
WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract.
WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control.
WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners. 1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC’s intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days’ (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement.
2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.
1404
CONTRACT
2 3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and Final Offer(s).
4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC or Public Agencies. 6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC.
10) Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC.
Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor’s pricing. 11) TERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12-month period.
Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the Scope of Work and specifications;
1405
CONTRACT
3 iv. Failing to complete required work or furnish required materials within a reasonable amount of time;
v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or
vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order.
Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred.
d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Either Party may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order. Cancellation of this agreement will not effect any local agreement between member and supplier.
1406
CONTRACT
4 12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or terminated.
13) Survival Clause. All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract.
14) Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC.
The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor’s proposal.
Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term.
18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense.
Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing 1407
CONTRACT
5 being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a thirdparty auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.
19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
20) New Products/Services. New products and/or services that meet the Scope of Work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause.
21) Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.
22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.
23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24) Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre-installation requirements.
25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at Region 4 ESC’s discretion. Contractor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.
26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by 1408
CONTRACT
6 its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.
27) Smoking. Persons working under the Contract shall adhere to local smoking policies.
Smoking will only be permitted in posted areas or off premises. 28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract.
30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract.
Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC.
32) Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. 33) Legal Obligations. It is Contractor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein.
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Region 4 Solicitation 20-05 for Elevator Equipment, Service, Repair and Related Services Master Index:
• Cover Letter
• Master Index
• Entire RFP Document – 20-05 Elevator RFP
• Tab 1 – Draft Contract and Offer and Contract Signature Form (Appendix D) o Appendix A – Draft Contract
o Appendix B – Terms and Conditions Acceptance Form
o Appendix B – Terms and Conditions Acceptance Form Clarifications o Appendix B – Sub Clarification Form
• Tab 2 – Products/Pricing
o Region 4 #20-05 NTE Pricing 2020-2023
o Region 4 #20-05 NTE Billable Rates 2020-2023
o Region 4 – Evaluations Process Criteria – Questions Complete o thyssenkrupp Elevator 101 – Product Description Power Point o Updated Equipment Support 101
• Tab 3 – Performance Capability (Appendix D)
o Appendix D – Omnia Partners Document
o Appendix D – Supplier Responses
▪ Sales Force Structure – Section 3 Marketing Question H ▪ DNB thyssenkrupp Form
▪ 2017 Osha Report
▪ 2018 Osha Report
▪ 2019 Osha Report
▪ Thyssenkrupp Mission Statement
▪ Emergency and Callback Cutsheet
▪ Service Overview Brochure
o Performance Capabilities Form Completed
o Exhibit F – Federal Fund Certificates
o Exhibit G – New Jersey Business Compliance
• Tab 4 – Qualification and Experience
o Qualification and Experience Form Completed
▪ DNB Report
o References
• Tab 5 – Value Adds
o Value Adds Document
▪ Value Add #1 – New Installation (Sample Documents & Brochures) ▪ Value Add #2 – Modernization (Sample Documents & Brochures) ▪ Value Add #3 – Eco and Energy Saving Upgrades (Sample Documents and Brochures)
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▪ Value Add #4 – Telephone Monitoring (Sample Brochure) • Tab 6 – Additional Required Documents (Appendix C)
o Appendix C – Docs 1-7
• Tab 7 – thyssenkrupp Additional Documents
o Omnia Partners 20-05 – Standard Service Agreement
o National Accounts PowerPoint
o Traction Maintenance Tasks – Callback and Repair Log
o Hydraulic Maintenance Tasks – Callback and Repair Log o Escalator Maintenance Tasks – Callback and Repair Log • Tab 8 – Addendums to Omnia Region 4 Solicitation 20-05 RFP o 20-05_Addendum#1 Signed
o 20-05_Addendum#2 Signed
o 20-05_Addendum#3 Signed
o 20-05_Addendum#4 Signed
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ThyssenKrupp Elevator Corporation
114 Town Park Drive, Suite 300
Kennesaw, GA 30144
Telephone: 770.799.0400
Fax: 866.785.5571
Internet: www.thyssenkruppelevator.com
thyssenkrupp Elevator Corporation
April 25th, 2020
Omnia Solicitation 20-05
Region 4 Education Services Center (ESC)
7145 West Tidwell Rd
Houston, TX 77092
SUBJECT: REQUEST FOR PROPOSAL – Solicitation # 20-05 Elevator Equipment, Service, Repair and Related Services
Greetings,
thyssenkrupp would like to thank you for the opportunity to continue business with Omnia Partners.
We have attached all the required information requested through Solicitation #20-05 Elevator Equipment, Service, Repair and Related Services. We will not be submitting a proposal for Airport Bridge Maintenance and Baggage Handling Systems.
thyssenkrupp is a global leader in providing elevator services including service and repair of all types and all manufacturers of elevators. Each program is personalized to address preventative maintenance, parts repair and replacement, quality assurance, service requests and value added services according to your needs.
With well over a combined 150 years of technical experience, our technicians are well equipped to deliver maintenance and repair services to protect your investment, provide reliable elevator operation, maximize the longevity of your equipment and further enhance the high level of quality service expected by the staff and general public visiting these facilities.
We trust that we have provided you with an informative presentation for the elevator maintenance agreement; however, if you have any questions, please feel free to contact Jeff Jaudes at 972-365- 6128.
Sincerely,
Jeff Jaudes
National Accounts Manager
Jamie Blackman
National Accounts Coordinator
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CONTRACT
16 APPENDIX A
DRAFT CONTRACT
This Contract (“Contract”) is made as of __________, 201X by and between (“Contractor”) and Region 4 Education Service Center
(“Region 4 ESC”) for the purchase of ___________________________________________(“the products and services”).
RECITALS
WHEREAS, Region 4 ESC issued Request for Proposals Number R______ for _______ (“RFP”), to which Contractor provided a response (“Proposal”); and WHEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.
WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract.
WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control.
WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners. 1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC’s intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days’ (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement.
2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.
3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and Final Offer(s).
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17 4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC.
10) Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC.
Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor’s pricing. 11) TERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12-month period.
Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the Scope of Work and specifications;
iv. Failing to complete required work or furnish required materials within a reasonable amount of time;
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18 v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or
vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order.
Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred.
d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor 1418
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19 shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or terminated.
13) Survival Clause. All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract.
14) Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC.
The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor’s proposal.
Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term.
18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense.
Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s 1419
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20 sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a thirdparty auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.
19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
20) New Products/Services. New products and/or services that meet the Scope of Work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause.
21) Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.
22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.
23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24) Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre-installation requirements.
25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at Region 4 ESC’s discretion. Contractor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.
26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law 1420
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21 and standard practices to protect workers, general public and existing structures from injury or damage.
27) Smoking. Persons working under the Contract shall adhere to local smoking policies.
Smoking will only be permitted in posted areas or off premises. 28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract.
30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract.
Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC.
32) Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. 33) Legal Obligations. It is Contractor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein.
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OFFER AND CONTRACT SIGNATURE FORM
The undersigned hereby offers and, if awarded, agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.
Company Name
Address
City/State/Zip
Telephone No.
Email Address
Printed Name
Title
Authorized signature
Accepted by Region 4 ESC:
Contract No. ______________
Initial Contract Term to
Region 4 ESC Authorized Board Member Date
Print Name
Region 4 ESC Authorized Board Member Date
Print Name
thyssenkrupp Elevator
3100 Interstate N Circle, SE Suite 500
Atlanta, GA 30339
770-799-0478
[email protected]
Jeff Jaudes
National Account Manager
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Appendix B
TERMS & CONDITIONS ACCEPTANCE FORM
Signature on the Offer and Contract Signature form certifies complete acceptance of the terms and conditions in this solicitation and draft Contract except as noted below with proposed substitute language (additional pages may be attached, if necessary). The provisions of the RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal is returned with modifications to the draft Contract provisions that are not expressly approved in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail.
Check one of the following responses:
Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract. (Note: If none are listed below, it is understood that no exceptions/deviations are taken.) Offeror takes the following exceptions to the RFP and draft Contract. All exceptions must be clearly explained, reference the corresponding term to which Offeror is taking exception and clearly state any proposed modified language, proposed additional terms to the RFP and draft Contract must be included:
(Note: Unacceptable exceptions may remove Offeror’s proposal from consideration for award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and modifications and the decision shall be final.
If an offer is made with modifications to the contract provisions that are not expressly approved in writing, the contract provisions contained in the RFP shall prevail.) Section/Page Term, Condition, or
Specification
Exception/Proposed Modification Accepted
(For Region 4
ESC’s use)
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IV. EVALUATION PROCESS AND CRITERIA
1. A committee will review and evaluate all responses and make a recommendation for award of Contract(s). The recommendation for Contract awards will be based on the predetermined criteria factors outlined in this section, where each factor is assigned a point value based on its importance. In evaluating the responses, the following predetermined criteria is considered:
a) Products/Pricing (40 Points)
b) Performance Capability (30 Points)
c) Qualification and Experience (20 Points)
d) Value Add (10 Points)
2. Offeror’s proposal should, at a minimum, include the following for Region 4 ESC’s evaluation:
a) Products/Services/Pricing
i. Offerors shall provide pricing based on a discount from a manufacturer’s price list or catalog, or fixed price, or a combination of both with indefinite quantities. Prices listed will be used to establish the extent of a manufacturer’s product lines, services, warranties, etc. that are available from Offeror and the pricing per item.
Multiple percentage discounts are acceptable if, where different percentage discounts apply, they different percentages are specified. Additional pricing and/or discounts may be included. Products and services proposed are to be priced separately with all ineligible items identified. Offerors may elect to limit their proposals to any category or categories.
• Complete Pricing information
▪ The discount proposed shall remain the same throughout the term of the contract and at all renewal options. At a minimum, the Contractor must hold the proposed price list firm for the first 12 months after the contract award.
▪ Provide brand names, equipment manufacturer, equipment types, services and discount of published list price.
▪ Include freight (if applicable).
▪ Provide classifications of labor with billable rates for each respondent’s office(s), territories or district(s) along with any sub-office pricing as required. Each of these labor classification rates shall be fully burdened, defined and will be set for standard working hours (offeror shall describe these hours). Sub-contractor labor shall not be recognized. Each respondent shall determine their sub-contractor’s labor rate as a prime labor classification. For example, an electrician’s labor rate shall be calculated based on the respondent’s sub-contractor’s labor billable rate plus respondent’s normal margins on sub-contractor labor. Labor classification shall be provided in the response.
▪ Additionally, the hours for tasks identified in the Scope of Work shall use a benchmark against an established data set (e.g.; RS Means or others) to ensure that the hours provided can be verified. Each of these hourly tasks shall have a coefficient of labor against an established data set 1426
RFP Page 13
(e.g.; RS Means or others) city cost index by each respondent’s office(s), territories or district(s) to determine effectiveness of providing these tasks.
▪ Include a per diem rate.
▪ All labor rates will be based on standard hours. Indicate standard hours am to pm Monday to Friday.
▪ Overtime rates (after standard hours and Saturday) x Standard Rates.
▪ Overtime rates Sunday, Holidays) x Standard Rates.
▪ Minimum charge of hours for overtime work.
• See Not to Exceed Billable Rates by Branch in Bid Submission. ii. Media submitted for price list must include the Offerors’ company name, name of the solicitation, and date on a Flash Drive (i.e. Pin or Jump Drives). • Pricing Spreadsheet Attached in Bid Submission – Tab 2 iii. Is pricing available for all products and services? • The Pricing Lists provided include not to exceed pricing for maintenance on specific unit types and not to exceed Billable Rates. Product pricing such as parts or upgrades would be negotiated between member and our local branch.
iv. Provide a summary of your product/service offering. Include brands that are serviced, as well, as any exclusions.
• 2.a.IV Document #1 - Updated Equipment Support 101
v. Describe general maintenance including written controls, hazardous material and quality control.
Quality Control – Our Way of Life
ThyssenKrupp embraces a customer-driven quality improvement process that generates continuous improvement and learning at both the personal and professional level. The process is powered by the leadership of ThyssenKrupp managers at all levels who are the catalyst for developing performance objectives that are embraced throughout the organization and which bring value and honor to the company and its employees.
Our objective is to deliver superior elevator service, to distinguish the properties we service from those of our competitors, and to sustain consistently high levels of client/tenant satisfaction. To achieve these results we cultivate feedback processes 1427
RFP Page 14
by which we will hold ourselves accountable. These include: Weekly performance meetings among technicians and supervisors.
• Monthly performance meetings among technicians, supervisors and your account manager.
• Quarterly site inspections by supervisors and/or service managers documented by written reports.
• Regular Performance Conferences with building management. • Semi-annual quality audit often including an instrumented Vibration, Noise and Performance Analysis of each elevator and escalators. • Semi-annual Customer Satisfaction Survey that allows every customer to personally grade our performance on twelve critical factors.
Random, unannounced quality audits by ThyssenKrupp's regional field service auditors. Reporting directly to the regional presidents, these independent auditors assure that branch service operations are consistent throughout the regions and corporation.
vi. Describe personnel training.
As your service provider, we build safety into everything we do. By meeting or exceeding national and local elevator codes for our equipment, we maintain a safe environment for your passengers as well as our technicians.
Through our expertise and training, we identify and eliminate potential hazards.
We also stay current with the latest:
• Service standards and processes
• Equipment inspections and certifications
• Construction and installation standards
By partnering with thyssenkrupp, you can count on us to provide safe and reliable vertical transportation to the riding public.
vii. Describe your ordering methods, online tracking and record keeping system.
Agency reach out to the National point of contact for ordering, online tracking and record keeping.
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viii. Describe any special offers, promotions, additional discounts or rebates available.
Additional discounts or rebates may be offered for large quantity orders, single ship to location, growth, annual spend, guaranteed quantity, etc.
Early Payment Discounts
Semi- Annual Pre- Payment
Discount 1%
Annual Pre-Pay 2%
ix. Describe how customers verify they are receiving Contract pricing.
If a member needs verification that they are receiving the Omnia pricing they will be able to reach out to the Omnia National Accounts Point of Contact. We will verify the information for them and if incorrect will make adjustments as necessary.
x. Describe payment methods offered.
• Our local branch will send invoices to the location/member • National Accounts also has a consolidated billing option as well as a Web-Billing department. No fees are associated with any of these options. • Credit Card Payments as well.
xi. Propose the frequency of updates to the Offeror’s pricing structure. Describe any proposed indices to guide price adjustments. If offering a catalog contract with discounts by category, while changes in individual pricing may change, the category discounts should not change over the term of the Contract.
The Not to Exceed Pricing Sheets included in the Bid Submission have preescalated pricing for each year of the Omnia Agreement. Each year was escalated by 3%.
xii. Describe how future product introductions will be priced and align with Contract pricing proposed.
New product information will be communicated to Omnia when it is implemented.
The pricing will be negotiated between the member and our local branch sales force.
xiii. Provide any additional information relevant to this section.
Not to Exceed Pricing. Region 4 ESC requests pricing be submitted as not to exceed pricing.
Unlike fixed pricing, the Contractor can adjust submitted pricing lower if needed but, cannot exceed original pricing submitted. Contractor must allow for lower pricing to be available for similar product and service purchases. Cost plus pricing as a primary pricing structure is not acceptable
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b) Performance Capability
i. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative Contract. Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales force about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners.
After the first notification of award, region, district sales managers and National Sales Managers will have a meeting regarding setup of the Omnia agreement.
National accounts will also provide a Omnia package with all of local and district sales employees as one of our primary go-to market vehicles This package will include instructions on the program including; new contract, pricing matrix, the current membership roster and a billing setup letter including the names and phone numbers for National Accounts point of contact if they were to have any additional questions. National Accounts already has a great reporting relationship with Omnia. We have a single point of contact within National Accounts that will track and report to Omnia Partners
ii. The successful Offeror will be required to sign Appendix D, Exhibit B, OMNIA Partners Administration Agreement prior to Contract award. Offerors should have any reviews required to sign the document prior to submitting a response.
Offeror’s response should include any proposed exceptions to OMNIA Partners Administration Agreement on Appendix B, Terms and Conditions Acceptance Form.
iii. Include completed Appendix D, Exhibits F. Federal Funds Certifications and G.
New Jersey Business Compliance.
iv. Describe how Offeror responds to emergency orders.
Emergency Orders will be reviewed and agreed upon by the local branch. This does not apply to emergency service calls.
v. What is your business philosophy?
We are ThyssenKrupp – the technology and material company.
Competence and diversity, global reach, and tradition from the basis of our worldwide market leadership. We create value for customers, employees and shareholders.
We hold ourselves to the highest standards.
We engage as entrepreneurs, with confidence, a passion to perform, and courage, aiming to be best in class. This is based on the dedication and 1430
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performance of every team member. Employee development is especially important. Employee health and workplace safety have top priority.
We meet the challenges of tomorrow with our customers.
We are customer focused. We develop innovative products and services that create sustainable infrastructures and promote efficient use of resources.
We share common values.
We serve the interests of the Group. Our interactions are based on transparency and mutual respect. Integrity, credibility, reliability and consistency define everything we do. Compliance4 is a must. We are a responsible corporate citizen.
Our Vision Statement
Americas Team PROGRESS vision is to provide the highest level of service to our customers through a skilled workforce using proven business practices, advanced technology and up-to-date information for optimal decision-making at all levels
vi. What is your practice to assist agency in prioritization schedules for repair and maintenance?
Schedules and Repairs will be reviewed and agreed upon by the local branch. vii. What is Offeror’s average on time callbacks?
For an emergency such as an entrapment, these should be responded to in +/- 1 (one) hour during normal business hours, if not sooner. For an entrapment after normal business hours, we would strive for onsite response in less than 2 hours.
For non-emergencies service requests during normal business hours, we should meet same day response. For non-emergency service requests after normal business hours, we will strive to provide response by the following business day. viii. What is the Offeror’s “Emergency Call Back” process? What is the average response time?
For an emergency such as an entrapment, these should be responded to in +/- 1 hour during normal business hours, if not sooner.
ix. If applicable, describe your Inspection Services and process.
Machinery with constant use requires constant care. For elevators and escalators, this means regular inspections and adjustments. But even with the best care, equipment occasionally breaks down That’s where our service packages matter. Whether your elevator is used once a week in a church, or in a hospital that operates 24/7/365, we’ve got you covered. This includes expert 1431
RFP Page 18
service for competitor equipment, such as Otis, KONE, Schindler, Fujitec and Mitsubishi.
Like any good partnership, we’re with you for the long haul. Our professionals can help you understand your elevator’s life cycle and plan for necessary capital expenditures. Capital planning is an imperative and we’re ready to help. x. Describe your ability to keep occupied work sites protected and waste free.
Through our preventative maintenance programs, we regularly inspect your equipment and perform necessary adjustments. This leads to increased uptime and fewer tenant complaints.
xi. Describe Offeror’s ability to meet service and warranty needs.
As the largest elevator services provider in the Americas we have proven ourselves as the leader in service provided to our customers. xii. Describe Offeror’s customer service/problem resolution process. Include hours of operation, number of services, etc.
Regular and Routine Maintenance hours are 7am to 4pm unless negotiated differently by the local branch and member.
Your tenants are busy and have high expectations. The last thing you need are unreliable elevators.
Choose thyssenkrupp as your service partner, and you’ll be backed by a company with more than 70 years of experience keeping equipment moving safely. We have more than 100 branches across the U.S., and our technicians are available day and night.
You can always count on our:
• 2,600 highly-trained service technicians, experts in thyssenkrupp and thirdparty (OEM) equipment • 24/7 emergency service availability from technicians who are always nearby
• 24/7 thyssenkrupp call center, standing by to quickly take your call • Customer Portal, an online tool for managing your elevator account and placing service requests
• Global network of engineers and experts, International Technical Services • Advanced diagnostic tools for communicating with thyssenkrupp and thirdparty equipment • Predictive maintenance solution, MAX, which dramatically improves elevator uptime using Internet of Things (IoT) technology • Dedicated account managers, your point of contact for account-related issue
• Capital planning services to help you budget for future expenses 1432
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Describe Offeror’s invoicing process. Include payment terms and acceptable methods of payments. Offerors shall describe any associated fees pertaining to credit cards/pcards. • Service: Typically, we will bill monthly or quarterly in advance. Payment is expected NET 30.
• Repair: 50% upon award, 50% upon completion of the work. • Construction: Progressively in line with percentage of completion. 10% retainage.
• However, with advanced notice we can accommodate most any billing and collection terms
• Our local branch will send invoices to the location/member • National Accounts also has a consolidated billing option as well as a Web-Billing department. No fees are associated with any of these options. xiii. Describe Offeror’s contract implementation/customer transition plan. • 30 Days:
Notify the regional and district Sales Associates of the Award. • 60 Days:
Hold a TKE internal kick off conference call / Webinar
Supply all necessary resources (Membership Roster, New Contract, Pricing Matrix etc.)
Train TKE employees on procedure
• 90 Days:
Schedule a TKE conference call with all branch Sales Managers to get an update on the progress of this program.
Regional Sales meeting to discuss process and continued implementation xiv. Describe the financial condition of Offeror.
https://www.thyssenkrupp.com/en/investors/reporting-and-publications/ xv. Provide a website link in order to review website ease of use, availability, and capabilities related to ordering and reporting. Describe the website’s capabilities and functionality.
https://www.thyssenkrupp.com
Reporting data for locations is only given to member/customer. xvi. Describe the Offeror’s safety record.
DNB Report and 2017,2018 and 2019 Osha Reports included with Bid Submission under Tab 3.
xvii. Provide any additional information relevant to this section. 1433
.0 SUPPLIER RESPONSE
Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners, Public Sector. .1 Company
A. Brief history and description of Supplier to include experience providing similar products and services.
ThyssenKrupp Elevator is a US $1.7 billion dollar company that manufactures, installs and services a wide variety of passenger and freight needs. Headquartered in Atlanta, Georgia, ThyssenKrupp Elevator Corporation provides a full range of elevators, lifts and escalators for all types of passenger and freight applications. Complete elevator systems, including all major components, are manufactured at our plants in Tennessee, Mississippi, Toronto and New York City. ThyssenKrupp Elevator is represented by over 135 branches and 250 local representatives in the United States and Canada and employs over 10,000 manufacturing, installation, service, repair, sales and management professionals. Most impressive is the fact that we individually service nearly 240,000 elevators, escalators and lifts in North America, over 50,000 of which were manufactured and installed by other companies.
ThyssenKrupp Elevator’s ultimate parent is ThyssenKrupp AG, a large German corporation headquartered in Düsseldorf. ThyssenKrupp AG’s predecessor, Thyssen AG entered the North American vertical transportation market in the 1980’s, and was growing its business, when it acquired Dover Elevator Company in July 1999. Dover was well established in the U.S. market, and the merger of these two companies created the largest vertical transportation company in North America.
Thyssen and Dover Elevator joined forces as ThyssenKrupp Elevator with one purpose: to exceed customer expectations with a powerful combination of products, services and technology
B. Total number and location of sales persons employed by Supplier. • Pacific Northwest - 52
• California - 59
• Southwest - 47
• Midwest - 73
• Central US - 52
• South – 50
• Southeast - 53
• Florida - 56
• Mid-Atlantic - 48
• Northeast - 53
• TOTAL – 546 Sales employees
C. Number and location of support centers (if applicable) and location of 1434
corporate office.
• ITS – Coppell, TX
• 24 Hour Call Center – Coppell TX – 1-866-634-5460
• Corporate Office : 3100 Interstate North Circle SE
Suite 500
Atlanta, GA 30339 – 770-799-0478
D. Annual sales for the three previous fiscal years.
b. Submit FEIN and Dunn & Bradstreet report.
• Exhibit 2 - DNB TKE 3.12.20.
E. Describe any green or environmental initiatives or policies.
Sustainability is embedded in the strategies, policies and business practices of ThyssenKrupp Elevator Americas. We strive to create a culture that fosters greener solutions for every aspect of our business, from daily operations to the materials we use in our products. By implementing the right actions today, we are making a better world for tomorrow.
• Green Rating Systems and LEED - Our commitment to green building is companywide. We are a corporate-level member of the US Green Building Council and a Visionary Sponsor of the Living Building Challenge
• Material Transparency - We are at the forefront of the building industry – pioneering a new vision of manufacturing product transparency.
• Products and Services - From elevator fluids to lighting, our products and services are designed with the environment in mind. • Corporate Citizenship - Looking out for our people and our communities is just as important to us as building premium products.
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.
• thyssenkrupp Elevator Routinely engages in the practice of proper methods to fairly. distribute business opportunities. ThyssenKrupp Elevator has minority vendors available should the need arise for services and the services provided are in compliance with elevator safety and union requirements.
• All personal who provide services to our customers are thyssenkrupp employees and union members.
G. Indicate if supplier holds any of the below certifications in any classified 1435
areas and include proof of such certification in the response:
a. Minority Women Business
Enterprise Yes X No
If yes, list certifying agency:
b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise
Yes x No
If yes, list certifying agency:
c. Historically Underutilized Business (HUB)
Yes x No
If yes, list certifying agency:
d. Historically Underutilized Business Zone Enterprise (HUBZone) Yes x No
If yes, list certifying agency:
e. Other recognized diversity certificate holder
Yes x No
If yes, list certifyingagency:
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.
All work is performed by highly trained and dedicated union employees. thyssenkrupp is totally responsible for their employment and performance. When subcontractors are occasionally brought in to perform a highly specialized function, they are always under thyssenkrupp’s direct supervision. thyssenkrupp has a small business sub-contracting plan as required by the Federal Government and is posted on the Federal Government Website. All efforts are made to meet or exceed that plan.
I. Describe how supplier differentiates itself from its competitors.
At thyssenkrupp Elevator, our goal is to achieve a partnership with our customers that permit us to meet their vertical transportation needs now and in the future.
Our aim is to make a direct contribution to our customer’s success. We are committed to the continual improvement of our service business and endeavor to maintain our position as the peerless leader in our industry. We supply all aspects of our industry from manufacturing to end user services.
J. Describe any present or past litigation, bankruptcy or reorganization involving supplier.
Notwithstanding, ThyssenKrupp Elevator Corporation is a $2.2 billion company. Lawsuits do occur and exist; however, TKEC has adequate risk management, legal and insurance safeguards in place to protect itself and its customers when required. ThyssenKrupp Elevator has not been involved in bankruptcy or reorganization.
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Corporate Press Release
“thyssenkrupp sells its Elevator Technology business entirely to a consortium led by Advent, Cinven and RAG foundation. The respective Executive Board decision was approved on Thursday evening by the Supervisory Board of thyssenkrupp AG. The purchase agreement has been signed. Closing of the transaction is expected by the end of the current fiscal year. The purchase price [1] is €17.2 billion. thyssenkrupp will reinvest part of the purchase price (€1.25 billion) in a stake in the elevator business. The transaction is subject to merger control approvals, although thyssenkrupp does not expect the competent authorities to have any reservations. The proceeds from the transaction will remain within the company and are to be used to the extent necessary to strengthen the balance sheet. Alongside this, the proceeds shall be used to advance the development of the remaining businesses and the portfolio. As announced at the Annual General Meeting at the end of January, thyssenkrupp is proceeding the analysis phase so that a decision on the concrete use of funds can be taken in May.”
Business to proceed as normal.
K. Felony Conviction Notice: Indicate if the supplier –None of the below a. is a publicly held corporation and this reporting requirement is not applicable; N/A
b. is not owned or operated by anyone who has been convicted of a felony; or – N/A
c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions. – N/A
L. Describe any debarment or suspension actions taken against supplier None
.2 Distribution, Logistics
A. Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier.
SoundNet, our on-site 24/7 dispatch center, monitors elevator telephones, dispatches service calls and answers phone calls for of offices across the U.S. and Canada. SoundNet serves ThyssenKrupp Elevator and its affiliates 365 days a year.
Manufacturing: thyssenkrupp Elevator manufacture Hydraulic, traction, dumbwaiters and escalator vertical transportation.
New Installation: In 2015 thyssenkrupp partnered with Microsoft Azure enterprise to introduce the MAX, an elevator extension to bring the technology into the Internet of Things. Instead of delivering a brand-new elevator, thyssenkrupp’ s MAX is a box that costs "less than an iPad" and 1437
attaches to existing elevators. The MAX keeps tabs on the elevator's vitals so it can send maintenance calls when it senses parts wearing out and, once enough data is collected, make data models that set up maintenance calls before parts break. By using MAX, large buildings and skyscrapers can set their elevators to anticipate rush-hour surges in the lobby or on upper level floors that have higher demand. In addition, MAX, powered by Microsoft’s Azure cloud technology, can help drive a wide range of other efficiencies, like keycard connectivity that can automatically whisk riders directly to their floor. MAX uses the cloud to monitor each individual component of the elevator, so each lift can get planned proactive maintenance before it breaks down, rather than unexpected work afterwards.
Modernizations: thyssenkrupp Elevator is fully capable to modernize all types of vertical transportation.
Parts and Supplies: Our local offices have immediate access to normal wear & tear components and 24/7 turnaround on many non-stock items.
Additionally, (ITS) International Technical Services in Dallas, TX provides direct board and drive repair /exchange capabilities. Having this “internal component” is both unique in our industry and critical to maintaining a high level of equipment availability.
Service: thyssenkrupp Elevator provides local and national service for all vertical transportation systems
Consulting: Site Audits for contract compliance and Capital Planning.
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.
Services are scheduled and provided at a local branch level.
Distribution of products will be managed at the local level, we have branches/locations worldwide.
C. Describe how Participating Agencies are ensure 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.
A singular point of contact in the National Accounts Department has been established to coordinate with the local branches to ensure that pricing meets the requirements of the master agreement. Should the member request an additional audit, the request would be made through that point of contact to verify in document compliance from the local branch. 1438
D. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user.
None, thyssenkrupp provides processing, handling and shipping of our products/services to the end user.
E. Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable
thyssenkrupp Materials Industrial Service:
4056 Homewood Rd, Memphis, TN 38118
.3 Marketing and Sales
A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners, Public Sector team within first 90 days
Thirty days after the first notification of award, region and district sales managers and National Sales Managers will have a meeting regarding setup of the Omnia agreement. National accounts will also provide a omnia package with all of local and district sales employees as one of our primary go-to market vehicles This package will include instructions on the program including; new contract, pricing matrix, the current membership roster and a billing setup letter including the names and phone numbers for National Accounts point of contact if they were to have any additional questions.
• 30 Days:
• Notify the regional and district Sales Associates of the Award.
• 60 Days:
• Hold a TKE internal kick off conference call / Webinar • Supply all necessary resources (Membership Roster,
New Contract, Pricing Matrix etc.)
• Train TKE employees on procedure
• 90 Days:
• Schedule a TKE conference call with all branch Sales
Managers to get an update on the progress of this
program.
• Regional Sales meeting to discuss process and
continued implementation
1439
B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to:
i. Creation and distribution of a co-branded press release to trade publications
ii. Announcement, Master Agreement details and contact information published on the Supplier’s website within first 90 days iii. Design, publication and distribution of co-branded marketing materials within first 90 days
iv. Commitment to attendance and participation with OMNIA Partners, Public Sector 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, Public Sector 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, Public Sector.
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.) Within the first 90 days of the award ThyssenKrupp will:
• On our internal website we will post a link to all required documents and forms to sell these services to the membership
• On our social media site we will post a link to the Omnia and Region 4 ESC website
• When participating in trade shows within our industry posting placards stating that we are a supplier for Omnia and Region 4 ESC • Additionally, local meetings with BOMA and facilities management companies.
As contracts are nearing the term date we will approach the customer with opportunities in working with a Omnia provider for continued services. We will be monitoring local city and state websites for contracts that will soon be requesting bids for services and notify them that we are a Omnia supplier.
For those government agencies that are not currently using Omnia we will offer these services and associated pricing.
1440
viii. Dedicated OMNIA Partners, Public Sector internet web-based homepage on Supplier’s website with:
• OMNIA Partners, Public Sector 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, Public Sector’s website including the online registration page;
• A dedicated toll-free number and email address for OMNIA Partners, Public Sector
If awarded Thyssenkrupp Elevator will add link to the Omnia Website to access all the above information.
C. Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners, Public Sector. 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.
Upon request and if not associated another purchasing plan thyssenkrupp can transition through contracted processes. thyssenkrupp Elevator does business with multiple cooperative purchasing companies such as, Sourcewell, Vizient, Premier, Equalis and Healthtrust. There are over 40,000 units attached to these cooperative organizations both government and commercial that thyssenkrupp maintains. The Master Agreement will be available to any customer requesting it or submitted to the customer as partnering option.
D. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners, Public Sector and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners, Public Sector logo will require permission for reproduction, as well.
Acknowledged.
E. Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners, Public Sector. All sales materials are to use the OMNIA Partners, Public Sector logo. At a minimum, the Supplier’s sales initiatives should communicate: - Confirmed
i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency
ii. Best government pricing – For non-Federal Equal to or better pricing iii. No cost to participate
1441
iv. Non-exclusive
F. Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include: - Confirmed
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, Public Sector
iv. Knowledge of benefits of the use of cooperative contracts 1442
G. Provide the name, title, email and phone number for the person(s), who will be responsible for:
• Sales – Jeff Jaudes – National Accounts Manager; 972-365-6128; [email protected]
• Sales Support – Jamie Blackman - National Account Coordinator – 770-799-0478 – [email protected]
• Marketing – Jane Scott – Marketing Manager - 972-624-7161 - [email protected]
o Analyze and Record all Projects that come through the Marketing Department
• Financial Reporting – Lisa Logan – Team Lead, National Accounts Billing and Collections – 770-261-0015 - [email protected] o National Account Billing
o National Account Rebate Reporting
• Executive Support – Jeff Jaudes – National Accounts Manager; 972-365-6128; [email protected]
H. Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team. • Exhibit 1 - Sales Force Structure Section 3 Marketing H I. Explain in detail how the sales teams will work with the OMNIA Partners, Public Sector team to implement, grow and service the national program.
After the first notification of award, region, district sales managers and National Sales Managers will have a meeting regarding setup of the Omnia agreement.
National accounts will also provide a Omnia package with all of local and district sales employees as one of our primary go-to market vehicles This package will include instructions on the program including; new contract, pricing matrix, the current membership roster and a billing setup letter including the names and phone numbers for National Accounts point of contact if they were to have any additional questions.
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.
Monthly conference calls with the Omnia representative and the National Accounts point of contact to prioritize actions moving forward to increase sales and participation.
1443
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.
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.
All orders are processed through our local branch. Orders are not taken through a public ordering system. Orders are placed internally and tracked by our system.
All payment invoicing and collections tracking are performed by an Oracle system locally and nationally, and at this time we are unaware of any limitations.
M. Provide the Contract Sales (as defined in Section 10 of the OMNIA Partners, Public Sector 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 administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales.
Does not apply to our Master Agreement.
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 Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners, Public Sector).
Agreed
ii. If competitive conditions require pricing lower than the standard Master Agreement notto-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, Public Sector under the Master Agreement.
Reporting will be based upon pricing agreed upon with the member. 1444
Requirements for National Cooperative Contract
iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners, Public Sector).
Any public agency not utilizing the master agreement, sales will not be 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.
Is requested by member.
Detail Supplier’s strategies under these options when responding to a solicitation 1445
Appendix D
REQUIREMENTS FOR NATIONAL COOPERATIVE CONTRACT
TO BE ADMINISTERED BY
OMNIAPARTNERS, PUBLIC SECTOR
The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier’s review and response.
Exhibit A – RESPONSE FOR NATIONAL COOPERATIVE CONTRACT
Exhibit B – ADMINISTRATION AGREEMENT, EXAMPLE
Exhibit C – MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT,
EXAMPLE
Exhibit D – PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE Exhibit E – CONTRACT SALES REPORTING TEMPLATE
Exhibit F – FEDERAL FUNDS CERTIFICATIONS
Exhibit G – NEW JERSEY BUSINESS COMPLIANCE
Exhibit H – ADVERTISING COMPLIANCE REQUIREMENT
1446
Requirements for National Cooperative Contract
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, Public Sector.
1.1 Requirement
Region 4 ESC (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners, Public Sector”), is requesting proposals for Elevator Industry Equipment, Repair, Related Products and Services. 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, Public Sector’s cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, Public Sector, 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, Public Sector as a Participating Public Agency in OMNIA Partners, Public Sector’s cooperative purchasing program. Registration with OMNIA Partners, Public Sector 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, Public Sector, 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, Public Sector.
All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither OMNIA Partners, Public Sector, 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, Public Sector’s requirements to market the resulting Master Agreement 1447
Requirements for National Cooperative Contract
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, Public Sector.
These requirements are incorporated into and are considered an integral part of this RFP. OMNIA Partners, Public Sector reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies, in its sole and absolute discretion, and any party submitting a response to this RFP acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners, Public Sector to make the Master Agreement available to Participating Procurement Agencies.
1.2 Marketing, Sales and Administrative Support
During the term of the Master Agreement OMNIA Partners, Public Sector intends to provide marketing, sales, partnership development and administrative support for Supplier pursuant to this section that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis.
OMNIA Partners will assign the Supplier a Director of Partner Development who will serve as the main point of contact for the Supplier and will be responsible for managing the overall relationship between the Supplier and OMNIA Partners. The Director of Partner Development will work with the Supplier to develop a comprehensive strategy to promote the Master Agreement and will connect the Supplier with appropriate stakeholders within OMNIA Partners including, Sales, Marketing, Contracting, Training, and Operations & Support.
The OMNIA Partners, Public Sector 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, Public Sector 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
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The OMNIA Partners, Public Sector 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, Public Sector Administration Agreement (Exhibit B).
1.3 Estimated Volume
The dollar volume purchased under the Master Agreement is estimated to be approximately $25 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, Public Sector, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners, Public Sector.
1.4 Award Basis
The basis of any contract award resulting from this RFP made by Principal Procurement Agency will, at OMNIA Partners, Public Sector’s option, be the basis of award on a national level through OMNIA Partners, Public Sector. 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, Public Sector. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency (e.g. governing law) are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and OMNIA Partners, Public Sector shall agree without being in conflict with the Master Agreement. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). 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. Any supplemental agreement developed as a result of the Master 1449
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Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA Partners, Public Sector).
All purchase orders issued and accepted by the Supplier may survive expiration or termination of the Master Agreement. Participating Agencies’ purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement. Supplier is responsible for reporting all sales and paying the applicable administrative fee for sales that use the Master Agreement as the basis for the purchase order, even though Master Agreement may have expired.
1.5 Objectives of Cooperative Program
This RFP is intended to achieve the following objectives regarding availability through OMNIA Partners, Public Sector’s cooperative program:
A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide;
C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing.
2.0 REPRESENTATIONS AND COVENANTS
As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and OMNIA Partners, Public Sector 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, Public Sector 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.
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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, Public Sector nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners, Public Sector in accordance with the OMNIA Partners, Public Sector 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.
3.0 SUPPLIER RESPONSE
Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners, Public Sector.
3.1 Company
A. Brief history and description of Supplier to include experience providing similar products and services.
B. Total number and location of sales persons employed by Supplier.
C. Number and location of support centers (if applicable) and location of corporate office.
D. Annual sales for the three previous fiscal years.
a. Submit FEIN and Dunn & Bradstreet report.
E. Describe any green or environmental initiatives or policies.
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.
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
Yes No
If yes, list certifying agency: ___________________________________ b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise 1451
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(DBE)
Yes No
If yes, list certifying agency: ___________________________________ c. Historically Underutilized Business (HUB)
Yes No
If yes, list certifying agency: ___________________________________ d. Historically Underutilized Business Zone Enterprise (HUBZone) Yes No
If yes, list certifying agency: ___________________________________ e. Other recognized diversity certificate holder
Yes No
If yes, list certifying agency: ____________________________________ 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.
I. Describe how supplier differentiates itself from its competitors.
J. Describe any present or past litigation, bankruptcy or reorganization involving supplier.
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.
L. Describe any debarment or suspension actions taken against supplier
3.2 Distribution, Logistics
A. Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier.
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.
C. Describe how Participating Agencies are ensure 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.
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D. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user.
E. Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable.
3.3 Marketing and Sales
A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners, Public Sector team within first 90 days
B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public 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, Public Sector 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, Public Sector 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, Public Sector.
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.) 1453
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viii. Dedicated OMNIA Partners, Public Sector internet web-based homepage on Supplier’s website with:
• OMNIA Partners, Public Sector 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, Public Sector’s website including the online registration page;
• A dedicated toll-free number and email address for OMNIA Partners, Public Sector
C. Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners, Public Sector. 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.
D. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners, Public Sector and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners, Public Sector logo will require permission for reproduction, as well.
E. Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners, Public Sector. All sales materials are to use the OMNIA Partners, Public Sector 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
F. Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include:
i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners, Public Sector
iv. Knowledge of benefits of the use of cooperative contracts 1454
Requirements for National Cooperative Contract