ASSD_0705_LOT2700000003_Documents.pdf

Date Printed: Sep 11, 2026 Page: 1 FORM ID: WV-PRC-ASSD-002 2020/05

Department of Administration Purchasing Division 2019 Washington Street East Post Office Box 50130 Charleston, WV 25305-0130

State of West Virginia Agency Sole Source Determination

Info Technology

Proc Folder: 2063698 Reason for Modification:

Doc Description: EATON UPS Battery Backup Yearly Maintenance & Support

Proc Type: Agency Sole Source

Date Issued Solicitation Closes Solicitation No Version

2026-09-14 2026-09-25 10:00 ASSD 0705 LOT2700000003 1

BID RECEIVING LOCATION

PURCHASING

LOTTERY

900 PENNSYLVANIA AVE

CHARLESTON WV 25302

US

VENDOR

Vendor Customer Code:

Vendor Name :

Address :

Street :

City :

State : Country : Zip :

Principal Contact :

Vendor Contact Phone: Extension:

FOR INFORMATION CONTACT THE BUYER

Thomas P Hymes 304-352-1831 thymes@wvlottery.com

Vendor Signature X FEIN# DATE

Date Printed: Sep 11, 2026 Page: 2 FORM ID: WV-PRC-ASSD-002 2020/05

All offers subject to all terms and conditions contained in this solicitation

ADDITIONAL INFORMATION

Direct Award Posting:

The West Virginia Lottery Pursuant to WV Code 5A-3-10c, is attempting to approve a Direct Award One-time purchase for EATON UPS Yearly Maintenance and Support services.

This is not an RFQ for bid, this is a Direct Award Determination for the WV Lottery to determine whether the commodity or service is a direct award procurement to the OEM provider

Online responses have been prohibited for this solicitation, if you have questions, please email the Lottery Procurement Specialist, Senior Thomas Hymes - thymes@wvlottery.com

See the attached approved WV-65A and Vendor Quote for additional information.

INVOICE TO SHIP TO

LOTTERY

PO BOX 2067

CHARLESTON WV 25327-2067

US

LOTTERY

900 PENNSYLVANIA AVE

CHARLESTON WV 25302

US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price

1 UPS BATTERY SOFTWARE/HARDWARE

MAINTENANCE

Comm Code Manufacturer Specification Model # 81112200

Extended Description:

AS PER ATTACHED DOCUMENTATION AND QUOTATION

SCHEDULE OF EVENTS

Line Event Event Date 1 Close Date & Time 10:00am EDT 2026-09-25

Document Phase Document Description Page

LOT2700000003 Draft EATON UPS Battery Backup Yearly Maintenance & Support

West Virginia Purchasing Division Direct Award Posting: Justificatoin and Public Notice Form (Delegated Procurements) (WV-65A)Rev. 2/9/2026

Direct Award Posting: Justification and Public Notice Form (WV-65A) Delegated Purchases from $5,000.01 to Delegated Threshold

Public Notice Instructions:

Statutory Authority: Pursuant to W. Va. Code § 5A-3-10c, a state agency may award a contract directly to a vendor with-out competitive bidding if certain requirements are met, including requesting the direct award in writing to the Purchasing Division and proving through adequate justification that the direct award is in the best interest of the state of West Virgin-

ia. If approved by the Purchasing Director, the Purchasing Division must advertise its intent to make a direct award to the vendor community for a period of no less than 10 business days. The direct award process has been delegated to agencies for procurements under their approved spend authority.

Vendor Interest: Any vendor who can provide the commodity or service specified in the description below that would like the opportunity to bid must submit their interest and supporting documentation to the buyer identified in the solicita-tion prior to the deadline published in the advertisement. If the claim is deemed to be valid by the Purchasing Division, the intent to make a direct award will be null and void and a competitive bid prepared.

Department/Agency Request Information:

Description of Commodity or Service for Which a Direct Award Will be Made (Explain in complete detail so that anyone viewing this document will understand the need):

If requesting software as a direct award, is this software considered software as a service?

Yes

No

Explain why the direct award is in the best interest of the state. (Attach supporting documentation, if possible)

Requesting Department/Agency:

Procurement Officer:

Date of Request:

Name of Proposed Vendor:

Rev. 2/9/2026

Direct Award Posting: Justification and Public Notice Form (Delegated Procurements) (WV-65A)

Direct Award Posting: Justification and Public Notice Form (WV-65A), Page 2 Delegated Purchases from $5,000.01 to Delegated Threshold

Basis for Direct Award: (Please SELECT ONE of the following two options and provide details and/or documentation sufficient to confirm the basis. Any form without a sufficient written justification or supporting documentation will be rejected.)

Competition is not available from any other source. (Describe in detail below how the agency attempted to identi-fy other sources)

No other source would be willing or able to replace the existing source without a detrimental effect on the spend-ing unit. (Describe in detail the detrimental effect to the agency)

The following information is required to process the direct award request. (Failure to address the following will result in denial of the request.)

A. The time period by which delivery must be made or performance must occur:

B. The price that will be paid for the commodity or service (include vendor quote):

C. Any limitations that a competing vendor would need to satisfy:

Attestation: By signing and submitting this form, the Procurement Officer attests to his/her support of the Direct Award request and the accuracy of the supporting information provided herein.

Agency Procurement Officer Signature Date

P.O. BOX 206 7

CHARLESTON, WV 25327

Attachment - A

PHONE: 304.558.0500

wvlottery.com

To explain why no other source would be willing or able to replace the existing source without a detrimental effect on the Agency spending unit, and any limitations that a competing vendor would need to satisfy

1. Installation of non Eaton batteries leaves us vulnerable to warranty breach issues since Eaton maintains they will only support batteries purchased from them that match the specifications for the existing equipment. If the batteries cause a failure to the UPS hardware it would not be covered under warranty.

2. If we did elect to go with another vendor, Eaton has a requirement to come on site and perform testing to ensure the system will work as designed. This will result in additional cost estimated at $2.000 as a minimum which would far exceed an savings with a non Eaton vendor.

3. This UPS system handles computing for Central Gaming and Lottery Systems at the primary data center, it's loss would cause severe reductions in revenue supplied to state agencies by the Lottery if it were to fail while we are processing from that data center.

4. Battery replacement service includes, and is expressly limited to the size and type of battery, testing and work procedures vary between battery jars above and below 1 00 watts per battery;

work procedures may vary by UPS or related device and battery type and may be limited by safety requirements.

5. �eventive maintenance and emergency service calls allows our techs to thoroughly test inspect for worn parts install firmware updates and calibrate when needed so the UPS meets Eaton's most current operating specification. This is only available to Eaton Factory Direct Technicians.

STATE OF WEST VIRGINIA

ORDER OF PRECEDENT AND ADDITIONAL TERMS AGREEMENT

THIS ORDER OF PRECEDENT AND ADDITIONAL TERMS AGREEMENT, by and between [ EATON CORPORATION] (“Vendor”) and the [WEST VIRGINIA LOTTERY] (“State”) is intended to provide an order of priority for the various documents that comprise the contract resulting from the [Direct Award Determination] solicitation identified as [ASSD LOT2700000003], (the “Contract”) and to add certain required contract terms to the Contract.

The Parties Agree as follows:

1. Order of Precedence: The Contract is comprised of the documents listed in this section. The terms and conditions contained in the various documents shall be interpreted according to the priority given to the Contract document in this section. In that way, any terms and conditions contained in the first priority document shall prevail over conflicting terms in the second priority document, and so on.

The contract documents are attached hereto and identified and prioritized as follows:

1. First in priority – State of West Virginia Order of Precedent and Additional Terms Agreement

2. Second Priority – (attached as Exhibit A) Vendor Quote and Scope of Work Vendor Quote from

Laurie A. Kieffer, Lynn Associates on behalf of Eaton Corporation to Arden Skidmore, WV Lottery, dated 9/2/26.

a. Eaton UPS Flex Plan On-site Service Parts and Labor Coverage Scope of Work (Attachment R-30)

b. Electronics (UPS Power Module, DC, PDU, Flywheel) Preventive Maintenance Scope of Work (Attachment R-2)

c. Eaton Valve Regulated (Sealed) Battery System Preventive Maintenance Scope of Work (Attachment R-5)

d. Eaton Predict Pulse Remote Monitoring Service Scope of Work (SOW) (Attachment R-32)

3. Third Priority – (attached as Exhibit B) Vendor Terms and Conditions: Eaton Corporation UPS Services – Terms and Conditions (T-O) (Revision 2/9/2022)

4. Fourth Priority – (attached as Exhibit C) Additional State Documents: West Virginia Purchasing Division Direct Award Posting: Justification and Public Notice Form ID:

(Delegated Procurements) (WV-65A) Rev. 2/9/2026; West Virginia Purchasing Division Direct Award Posting: Justification and Public Notice Form (Delegation Procurements $5,000.01 to Delegated Threshold), dated 9/11/2026; State of West Virginia Purchasing Division Certification of Non-Conflict of Interest Revised 2/23/2026; dated 9/14/2026

2. Additional Contract Terms. The following additional terms are added to the Contract.

a. VOID CONTRACT CLAUSES: This Contract is subject to the provisions of West Virginia Code § 5A-3-62, which automatically voids certain contract clauses that violate State law.

b. LIMITING LIABILITY: The Agency as a State Entity cannot agree to assume the potential liability of a Vendor. Vendor’s liability shall not exceed ten (10) times the overall value of the underlying contract. Any claims arising under Vendor’s indemnity obligations and/or Vendor’s negligence, willful misconduct, fraud or violation of law are not subject to the above limitations. The parties agree that neither party shall be liable for special, incidental or consequential damages are acceptable.

c. BACKGROUND CHECK: In accordance with W. Va. Code § 15-2D-3, the State reserves the right to prohibit a service provider’s employees from accessing sensitive or critical information or to be present at the Capitol Complex based upon results addressed from a criminal background check. Service providers should contact the West Virginia Division of Protective Services by phone at

(304) 558-9911 for more information.

d. ANTITRUST: In submitting a bid to, signing a contract with, or accepting an Award Document from any agency of the State of West Virginia, the Vendor agrees to convey, sell, assign, or transfer to the State of West Virginia all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of West Virginia for price fixing and/or unreasonable restraints of trade relating to the particular commodities or services purchased or acquired by the State of West Virginia.

Such assignment shall be made and become effective at the time the purchasing agency tenders the initial payment to Vendor.

e. PRIVACY, SECURITY, AND CONFIDENTIALITY: The Vendor agrees that it will not disclose to anyone, directly or indirectly, any such personally identifiable information or other confidential information gained from the Agency, unless the individual who is the subject of the information consents to the disclosure in writing or the disclosure is made pursuant to the Agency’s policies, procedures, and rules. Vendor further agrees to comply with the Confidentiality Policies and Information Security Accountability Requirements, set forth in http://www.state.wv.us/admin/purchase/privacy/ default.html.

f. ISRAEL BOYCOTT: Vendor understands and agrees that pursuant to W. Va. Code § 5A-3-63, it is prohibited from engaging in a boycott of Israel during the term of this contract.

g. NO DEBT CERTIFICATION: In accordance with West Virginia Code §§ 5A-3-10a and 5-22-1(i), the State is prohibited from awarding a contract to any bidder that owes a debt to the State or a political subdivision of the State.

By submitting a bid, or entering into a contract with the State, Vendor is affirming that (1) for construction contracts, the Vendor is not in default on any monetary obligation owed to the state or a political subdivision of the state, and

(2) for all other contracts, neither the Vendor nor any related party owe a debt as defined above, and neither the Vendor nor any related party are in employer default as defined in the statute cited above unless the debt or employer default is permitted under the statute.

http://www.state.wv.us/admin/purchase/privacy/

The Parties are signing this Agreement on the date stated below the signature.

VENDOR: [EATON CORPORATION ] STATE AGENCY: [WV LOTTERY]

Printed Name: Printed Name:

Signature: Signature:

Title: Title:

Date: Date:

Rev. 1/11/2023

Exhibit A Vendor Quote and Scope of Work

Corporation

09.02.26 Quote #: W262297734Q

Eaton Corporation 111 Superior Avenue Cleveland OH 44114 716-631-0054 ext 307 716-631-0101 (F) lkieffer@lynninc.com

Arden Skidmore WV State Lottery Exp. Date: 12/27/26

93906120/9390-160

EY213CAA04 I EJ454CBC01

Model#:

Serial#:

Dear Arden:

On behalf of Eaton Corporation, the letter is to advise that the maintenance coverage period on your Powerware 9390-120kVA and 9390-160KVAUninterruptible Power Systems is set to expire on 12/27 /26.

Flex Plan with Two UPS and Two Battery Preventive Maintenance Checks

♦ Contract term 12.28.26 -12.27.27 ♦ 7 x 24 Corrective Maintenance Coverage - Parts, labor and expenses included for UPS Electronics ♦ Corrective Action on Batteries Not Included ♦ Two (2) 7x 24 Preventive Maintenance Visit for UPS Electronics per year (Attachment R-2)

- Includes visual inspection, inspection of internal operating parameters, inspection of external operating parameters, inspection of environmental parameters, general visual inspection of batteries, inspection of monitoring system parameters, and general inspection of UPS.

♦ Two (2) 7x24 Preventive Maintenance Visits/or UPS Batteries per year (Attachment R-5) Measure and record individual cell float potentials and battery, measurement of ambient temperature, measure and record all intercell/unit connector and battery cable contact resistances, visually inspect conditions and appearances, mechanical housekeeping and review, inspect and adjust float voltage, operation of output current and voltage meters, review of customer maintained records and safety review and provide a written report.

♦ Preditcputlse Remote Monitoring ♦ UPS Firmware and Software upgraded by Eaton Corporation Factory Trained Technicians every time the unit is serviced. (3rd Party vendor is not capable of providing this) ♦ Standard 8 Hour Response time (Four hour available if required) ♦ 7x 24 Customer Reliability Center Triage, Dispatch and Monitoring ♦ Web Access to Service History and Service Requests at www. eaton. comlmvsupport ♦ Service Priority

Annual Contract Price: $28,627.56

NOTES:

I. Should this system go for a period on 90 days with no maintenance coverage by Eaton Corporation., a Pre site survey will be required. Eaton Corporation will allow one of the Preventive Maintenance Checks to be used as the pre-site survey as long as it is done within 90 days of the start of the agreement. Should Eaton Corporation find any pre-existing conditions with the UPS, we will provide the corrective maintenance to bring the unit up to specification with the service being invoiced to the customer_

Exhibit 13 Vendor Terms and Conditions

Exhibit C Additional State Documents

Rev. 2/23/2026

Non-Conflict of Interest Certification (WV-31)

Non-Conflict of Interest Certification (WV-31) Page 2, Acknowledgements

West Virginia Code § 5A-3-31: “It shall be unlawful for any person to corruptly act alone or combine, collude or conspire with one or more other persons with respect to the purchasing or supplying of services, commodities or printing to the state under the provisions of this article if the purpose or effect of such action, combination, collusion or conspiracy is either to: (1) Lessen competition among prospective vendors; or (2) cause the state to pay a higher price for such services, commodities or printing than would be or would have been paid in the absence of such action, combination, collusion or conspiracy; or (3) cause one prospective vendor or vendors to be preferred over one or more other prospective vendor or vendors. Any person who violates any provision of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than five years, and be fined not exceeding $10,000.”

West Virginia Code § 6B-2-5(b)(1): “A public official or public employee may not knowingly and intentionally use his or her office or the prestige of his or her office for his or her own private gain or that of another person.”

West Virginia Code § 6B-2-5(d)(1): “[N]o elected or appointed public official or public employee or member of his or her immediate family or business with which he or she is associated may be a party to or have an interest in the profits or ben-efits of a contract which the official or employee may have direct authority to enter into, or over which he or she may have control . . . .”

The individual(s) listed below have been charged to evaluate or serve as members or advisors of an evaluation committee for the solicitation as specified [ ].

By signing this form, each individual acknowledges that: (1) his or her service on the evaluation committee is not in violation of West Virginia Code § 5A-3-31, § 6B-2-5, or any other relevant code section; (2) his or her service on the evaluation committee does not create a conflict of interest with any of the participating vendors; and (3) he or she has not had or will not have contact relat-ing to the solicitation identified above with any participating vendors between the time of the bid opening and the award recommendation without prior approval of the Purchasing Division.

NAME/TITLE AGENCY SIGNATURE DATE

NAMETITLERow1: Thomas Hymes Procurement Specialist, Senior AGENCYRow1: WV Lottery - Finance Division