regulations, and public agencies shal l 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
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
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
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.
Elevator Technology
Your Service
Partner.
Always there.
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
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
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.
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-the-
clock 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.
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
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.
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 Service 7
Branch Corporate offices
Service by the numbers
branches across
the United States
Over 100
service and repair technicians
2,600
Coverage
50offered in all
states
34%
66%
thyssenkrupp
equipment
Third-party
equipment
Equipment serviced
Puerto Rico
and
unitsservice
We
200,000+
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.
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.
MAX
your
Smarter service and
imize
uptime.
less downtime with MAX.
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.
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.
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.
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.
We keep escalators
and moving walks
running smoothly.
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.
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.
Service 15
Service packages
that suit your needs.
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
IncludedLimited or
conditionalOptional
18 Breathe
easy.
In 2010, we introduced
propane-powered vehicles.
This reduced our fuel
consumption by 850,000
gallons per year.
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 propane- powered 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
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 solution-
oriented 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.
Service 21thyssenkrupp 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
24,000
service
technicians
worldwide
50,000+employees
1,200,000
countries
customers in
150elevators and escalators under maintenance
+
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.
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 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.
RFP Page 23
d) Value Add
i. Provide any additional information related to products and services Offeror 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 not necessary.
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.
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 after installation. o Installations are at the local customer site.
o Installations 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 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
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
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
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
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. 04/03/2020
04/03/2020
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, b onds, 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, loca l 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 bus iness 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 feder al 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 fund ing. 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 t he 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. Co ntractor 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.
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 orig in. 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, includ ing 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 d iscloses 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, hear ing, 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 se ction 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 wi thout 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
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 dec lared 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 provi ded 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-Kickback Act.
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 a week.
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 subcontr act 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 w ith 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 Safety Standards 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 work week.
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 paragr aph (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 perf ormed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The c ontractor 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 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 this paragraph.
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
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 part with 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
(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 debarr ed, 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 Rul es): 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.
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-Lobbying Amendment.
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
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 employe e 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 modi fication 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 certify and 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 accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and a grees that the provisions of 31 U.S.C. § 3801 et seq ., apply to this certification and disclosure, if any.
thyssenkrupp Elevator
Mark Hintz
04/03/2020
(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 FEMA Requirements.
a. The Uniform Rules authorize FEMA to require additional provisions for non- Federal 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 audi ts, 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.”
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 Federal Government.
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 the contract.
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 this contract.” thyssenkrupp Elevator
3100 Interstate N Circle SE Suite 500 Atlanta, GA 30339 770-799-0478
N/A
Mark Hintz
[email protected]
4/03/2020
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
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
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
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
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
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
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
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.
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