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| Request | for | Proposal | (RFP) | for | Natural | Sport | Surfaces, | Installation |
| and | Related | Materials | | | | | | |
Solicitation Number: 31-19
Publication Date: Tuesday, October 8th, 2019
Notice to Respondent:
| Submittal | Deadline: | | Tuesday, | November | 19th, | 2019 | 2:00 | pm | CST | | | | |
| Questions | regarding | this | solicitation | must | be | submitted | to | questions@ncpa.us | no | later | | | |
| than | Tuesday, | November | 12th, | 2019. | | All | questions | and | answers | will | be | posted | to |
http://www.ncpa.us/solicitations.
| It | is | the | intention | of | Region | 14 | Education | Service | Center | (herein | “Region | 14 | ESC”) | to | establish | a | Master |
| Agreement | for | Natural | Sport | Surfaces, | Installation | and | Related | Materials | for | use | by | Region | 14 | ESC | and | | |
| other | public | agencies | supported | under | this | contract. | | This | Request | for | Proposal | is | issued | on | behalf | of | the |
| National | Cooperative | Purchasing | Alliance | through | a | public | agency | clause, | which | provides | that | any | | | | | |
| county, | city, | special | district, | local | government, | school | district, | private | K-12 | school, | higher | education | | | | | |
| institution, | state, | other | government | agency, | healthcare | organization | or | nonprofit | organization | may | | | | | | | |
| purchase | Products | and | Services | through | this | contract. | | Respondents | will | be | required | to | execute | the | NCPA | | |
| Administration | Agreement | upon | award. | | | | | | | | | | | | | | |
| This | contract | will | allow | agencies | to | purchase | on | an | “as | needed” | basis | from | a | competitively | awarded | |
| contract. | | Respondents | are | requested | to | submit | their | total | line | of | available | products | and | services. | | While |
| this | solicitation | specifically | covers | Natural | Sport | Surfaces, | Installation | and | Related | Materials, | | | | | | |
| respondents | are | encouraged | to | submit | an | offering | on | any | or | and | all | products | and | services | available | that |
| they | currently | perform | in | their | normal | course | of | business. | | | | | | | | |
| Responses | shall | be | received | no | later | than | the | submittal | deadline | in | the | offices | of | Region | 14 | ESC | at | the |
| address | below: | | | | | | | | | | | | | | | | | |
| Region | 14 | Education | Service | Center |
| 1850 | Highway | 351 | | |
| Abilene, | Texas | | 79601 | |
| Immediately | following | the | deadline, | all | responses | will | be | publically | opened | and | the | respondents | | |
| recorded. | | Any | response | received | later | than | the | specified | deadline, | whether | delivered | in | person | or |
| mailed, | will | be | disqualified. | | Faxed | or | electronically | submitted | responses | cannot | be | accepted. | | |
| Responses | must | be | sealed | and | plainly | marked | with | the | company | name | and | the | opening | date | and | time. | | |
| Two | (2) | bound | and | signed | copies | of | the | proposals | and | Two | (2) | electronic | copies | on | flash | drives | (i.e. | pin |
| or | jump | drives) | shall | be | provided. | | | | | | | | | | | | | |
Competitive Solicitation by
Region 14 Education Service Center
For
Natural Sport Surfaces, Installation and Related Materials
On behalf of itself and other Government Agencies
And made available through the
National Cooperative Purchasing Alliance
RFP # 31-19
| Introduction | / | Scope | | | | | | | | | | | | | |
| ¨ Region | 14 | ESC | on | behalf | of | itself | and | all | states, | local | governments, | school | districts, | and | higher |
| education | institutions | in | the | United | States | of | America, | and | other | government | agencies | and | non- | | |
| profit | organizations | (herein | “Public | Agency” | or | collectively | “Public | Agencies”) | is | soliciting | | | | | |
| proposals | from | qualified | vendors | to | enter | into | a | Master | Agreement | for | a | complete | line | of | Natural |
| Sport | Surfaces, | Installation | and | Related | Materials | . | | | | | | | | | |
| ¨ Region | 14 | ESC, | as | the | lead | public | agency, | has | partnered | with | NCPA | to | make | the | resultant | contract |
| available | to | all | participating | agencies | in | the | United | States. | | NCPA | provides | marketing | and | | | |
| administrative | support | for | the | awarded | vendor | that | promotes | the | successful | vendor’s | products | | | | | |
| and | services | to | Public | Agencies | nationwide. | | The | Vendor | will | execute | the | NCPA | Administration | | | |
| Agreement | (Tab | 2) | upon | award. | | Vendor | should | thoroughly | review | all | documents | and | note | any | | |
| exceptions | to | NCPA | terms | and | conditions | in | their | proposal. | | | | | | | | |
| ¨ Awarded | vendor(s) | shall | perform | covered | services | under | the | terms | of | this | agreement. | | |
| Respondents | shall | provide | pricing | based | on | a | discount | from | their | standard | pricing | schedules | for |
| products | and/or | services | offered. | | Respondents | must | provide | explanation | on | how | they | will | |
| provide | either | Catalog | and/or | price | lists | in | their | accompanying | proposal. | Please | specify | where | |
| different | percentage | discounts | apply. | | Additional | pricing | and/or | discounts | may | be | included. | | |
| ¨ Each | service | proposed | is | to | be | priced | separately | with | all | ineligible | items | identified. | | Services | may | |
| be | awarded | to | multiple | vendors. | | Respondents | may | elect | to | limit | their | proposals | to | a | single | service |
| within | any | category, | or | multiple | services | within | any | and | all | categories. | | | | | | |
| ¨ National | Cooperative | Purchasing | Alliance | (NCPA) | | | | | | |
| Ø The | National | Cooperative | Purchasing | Alliance | (herein | “NCPA”) | assists | public | agencies | to |
| increase | their | efficiency | and | reduce | their | costs | when | procuring | goods | and | services. | This | is |
| accomplished | by | awarding | competitively | solicited | contracts | that | are | leveraged | nationally | | | | |
| by | combining | the | volumes | and | purchasing | power | of | entities | nationwide. | | Our | contracts | are |
| available | for | use | by | any | entity | that | must | comply | with | procurement | laws | and | regulations. |
| ¨ It | is | the | intention | of | Region | 14 | ESC | and | NCPA | to | achieve | the | following | objectives | through | this | RFP. |
| Ø Provide | a | comprehensive | competitively | solicited | Master | Agreement | offering | Products | and | | | | | | | | |
| Services | to | Public | Agencies; | | | | | | | | |
| Ø Achieve | cost | savings | of | Vendors | and | Public | Agencies | through | a | single | competitive |
| solicitation | process | that | eliminates | the | need | for | multiple | proposals; | | | |
| Ø Combine | the | purchasing | power | of | Public | Agencies | to | achieve | cost | effective | pricing; |
| Ø Reduce | the | administrative | and | overhead | costs | of | Vendors | and | Public | Agencies | through |
state of the art purchasing procedures.
| ¨ Responder(s)’ | offerings | shall | include | means | to | support | Construction | Industry | Standards | and | have | | | | | | | | |
| the | ability | to | implement, | monitor | and | control | any | or | all, | but | not | limited | to, | the | following | program | | | |
| areas | for | agencies: | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | Program | Launch | and | Verification | Meetings | | | | |
| | | | | | | | | | | Facility | Planning | and | Programming | | | | | |
| | | | | | | | | | | Conceptual | Estimating | and | Budgeting | | | | | |
| | | | | | | | | | | Develop | Preconstruction | Schedule | | | | | | |
| | | | | | | | | | | Develop | Project | Management | Plan | | | | | |
| | | | | | | | | | | Tracking | & | Reporting | System | | | | | |
| | | | | | | | | | | Task | Management | | | | | | | |
| | | | | | | | | | | Conduct | Pre-Design | Project | Analysis | Workshop | and | Partnering | Session | |
| | | | | | | | | | | Building | Information | Modeling | (BIM) | | | | | |
| | | | | | | | | | | Design | Reviews | and | Monthly | Preconstruction | Reports | | | |
| | | | | | | | | | | Cost | and | Schedule | Control | | | | | |
| | | | | | | | | | | Life | Cycle | Cost | and | Value | Engineering | | | |
| | | | | | | | | | | Bid | Packaging | Strategy | | | | | | |
| | | | | | | | | | | Procurement | Analysis | | | | | | | |
| | | | | | | | | | | Early | Procurement | Methods | | | | | | |
| | | | | | | | | | | Pre-Bid | Construction | Schedule | | | | | | |
| | | | | | | | | | | Staffing | Plan | | | | | | | |
| | | | | | | | | | | Communication | | | | | | | | |
| | | | | | | | | | | Contract | Document | Preparation | | | | | | |
| | | | | | | | | | | Develop | and | Implement | Local | and | Disadvantaged | Business | Enterprise | Program |
| | | | | | | | | | | Bidder’s | Interest | Campaign | | | | | | |
| | | | | | | | | | | Pre-Bid | Conferences | | | | | | | |
| | | | | | | | | | | Assist | with | the | Bidding | Process | | | | |
| | | | | | | | | | | Bid | Analysis | and | Opening | | | | | |
| | | | | | | | | | | Construction | Contracts | | | | | | | |
| | | | | | | | | | | Pre-Construction | Conference | | | | | | | |
| | | | | | | | | | | Full-Time | On-Site | Management | | | | | | |
| | | | | | | | | | | Establish | On-Site | Communication | Procedures | | | | | |
| | | | | | | | | | | Cost | Control | | | | | | | |
| | | | | | | | | | | Quality | Control | | | | | | | |
| | | | | | | | | | | Safety | Control | | | | | | | |
| | | | | | | | | | | Claims | Avoidance | | | | | | | |
| | | | | | | | | | | Communication | | | | | | | | |
| | | | | | | | | | | Project | Accounting | | | | | | | |
| | | | | | | | | | | Building | Commissioning | | | | | | | |
| | | | | | | | | | | Contract | Closeout | | | | | | | |
| | | | | | | | | | | Assist | in | Final | Inspection | | | | | |
| | | | | | | | | | | Occupancy | Plan | and | Schedule | | | | | |
| Instructions | to | Respondents |
| ¨ Submission | of | Response |
| Ø Only | sealed | responses | will | be | accepted. | Faxed | or | electronically | transmitted | responses | will |
| not | be | accepted. | | | | | | | | | |
| Ø Sealed | responses | may | be | submitted | on | any | or | all | items, | unless | stated | otherwise. | Region | 14 |
| ESC | reserves | the | right | to | reject | or | accept | any | response. | | | | | |
| Ø Deviations | to | the | terms, | conditions | and/or | specifications | shall | be | conspicuously | noted | in |
| writing | by | the | respondent | and | shall | be | included | with | the | response. | |
| Ø Withdrawal | of | response | will | not | be | allowed | for | a | period | of | 120 | days | following | the | opening. |
| Pricing | will | remain | firm | for | 120 | days | from | submittal. | | | | | | | |
| ¨ Required | Proposal | Format | | | | | | | | | | | | | |
| Ø Responses | shall | be | provided | in | a | three-ring | binder | or | report | cover | using | 8.5 | x | 11 | paper |
| clearly | identified | with | the | name | of | Respondents | company | and | solicitation | responding | to | on | | | | |
| the | outside | front | cover | and | vertical | spine. | | Two | (2) | bound | and | signed | copies | of | the | |
| proposals | and | Two | (2) | electronic | copies | on | CD, | DVD, | or | flash | drives | (i.e. | pin | or | jump | drives) |
| shall | be | provided. | | Tabs | should | be | used | to | separate | the | proposal | into | sections, | as | identified | |
| below. | | Respondents | failing | to | organize | in | the | manner | listed | may | be | considered | non- | | | |
| responsive | and | may | not | be | evaluated. | | | | | | | | | | | |
| ¨ Binder | Tabs | | | | | | |
| Ø Tab | 1 | – | Signature | Form | | | |
| Ø Tab | 2 | – | NCPA | Administration | Agreement | | |
| Ø Tab | 3 | – | Vendor | Questionnaire | | | |
| Ø Tab | 4 | – | Vendor | Profile | | | |
| Ø Tab | 5 | – | Products | and | Services | / | Scope |
| Ø Tab | 6 | - | References | | | | |
| Ø Tab | 7 | - | Pricing | | | | |
| Ø Tab | 8 | – | Value | Added | Products | and | Services |
| Ø Tab | 9 | – | Required | Documents | | | |
¨ Shipping Label
| Ø The | package | must | be | clearly | identified | as | listed | below | with | the | solicitation | number | and | | |
| name | of | the | company | responding. | | All | packages | must | be | sealed | and | delivered | to | the | Region |
| 14 | ESC | offices | no | later | than | the | submittal | deadline | assigned | for | this | solicitation. | | | |
| From: | | | | | ________________________________________________________________ | | | | | | | | | | |
| Company: | | | | ________________________________________________________________ | | | | | | | | | | | |
| Address: | | | | ________________________________________________________________ | | | | | | | | | | | |
| City, | State, | Zip: | | | ________________________________________________________________ | | | | | | | | | | |
| Solicitation | Name | and | Number: | ________________________________________________________________ | | | | | | | | | | | |
| Due | Date | and | Time: | | | ________________________________________________________________ | | | | | | | | | |
| Tab | 1 | – | Master | Agreement |
| General | Terms | and | Conditions | |
| ¨ Customer | Support | | | | | | | | | | | |
| Ø The | vendor | shall | provide | timely | and | accurate | technical | advice | and | sales | support. | The |
vendor shall respond to such requests within one (1) working day after receipt of the request.
¨ Disclosures Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any
| time | hereafter | any | economic | opportunity, | future | employment, | gift, | loan, | gratuity, | special | | | |
| discount, | trip, | favor | or | service | to | a | public | servant | in | connection | with | this | contract. |
| Ø The | respondent | affirms | that, | to | the | best | of | his/her | knowledge, | the | offer | has | been | arrived | at |
| independently, | and | is | submitted | without | collusion | with | anyone | to | obtain | information | or | | | | |
| gain | any | favoritism | that | would | in | any | way | limit | competition | or | give | an | unfair | advantage | |
| over | other | vendors | in | the | award | of | this | contract. | | | | | | | |
¨ Renewal of Contract
| Ø Unless | otherwise | stated, | all | contracts | are | for | a | period | of | one | (1) | year | with | an | option | to |
| renew | annually | for | an | additional | four | (4) | years | if | agreed | to | by | Region | 14 | ESC | and | the |
vendor.
¨ Funding Out Clause
| Ø Any/all | contracts | exceeding | one | (1) | year | shall | include | a | standard | “funding | out” | clause. | | A |
| contract | for | the | acquisition, | including | lease, | of | real | or | personal | property | is | a | commitment | |
| of | the | entity’s | current | revenue | only, | provided | the | contract | contains | either | or | both | of | the |
| following | provisions: | | | | | | | | | | | | | |
| Ø Retains | to | the | entity | the | continuing | right | to | terminate | the | contract | at | the | expiration | of | each |
| budget | period | during | the | term | of | the | contract | and | is | conditioned | on | a | best | efforts | attempt |
| by | the | entity | to | obtain | appropriate | funds | for | payment | of | the | contract. | | | | |
¨ Shipments (if applicable)
| Ø The | awarded | vendor | shall | ship | ordered | products | within | the | written | estimate | of | delivery | | | | | | |
| time | by | the | vendor | to | the | entity | after | the | receipt | of | the | order | unless | modified. | | If | a | product |
| cannot | be | shipped | within | that | time, | the | awarded | vendor | shall | notify | the | entity | placing | the | | | | |
| order | as | to | why | the | product | has | not | shipped | and | shall | provide | an | estimated | shipping | date. | | | |
| At | this | point | the | participating | entity | may | cancel | the | order | if | estimated | shipping | time | is | not | | | |
| acceptable. | | All | deliveries | shall | be | freight | prepaid, | F.O.B. | destination. | | | | | | | | | |
| ¨ Tax | Exempt | Status | | | | | | | | | | | | | | |
| Ø Since | this | is | a | national | contract, | knowing | the | tax | laws | in | each | state | is | the | sole | responsibility |
of the vendor.
¨ Payments Ø The entity using the contract will make payments directly to the awarded vendor or their affiliates as long as written request and approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
| Ø Awarded | vendors | may | submit | a | list | of | distributors/partners/resellers | to | sell | under | their | | | |
| contract | throughout | the | life | of | the | contract. | | | Vendor | must | receive | written | approval | from |
| NCPA | before | such | distributors/partners/resellers | considered | authorized. | | | | | | | | | |
| Ø Purchase | orders | and | payment | can | only | be | made | to | awarded | vendor | or |
| distributors/business | partners/resellers | previously | approved | by | NCPA. | | | | | | |
| Ø Pricing | provided | to | members | by | added | distributors | or | dealers | must | also | be | less | than | or |
| equal | to | the | pricing | offered | by | the | awarded | contract | holder. | | | | | |
| Ø All | distributors/partners/resellers | are | required | to | abide | by | the | Terms | and | Conditions | of |
| the | vendor's | agreement | with | NCPA. | | | | | | | |
¨ Pricing
| Ø All | pricing | submitted | to | shall | include, | as | a | cost | of | sale | to | the | awarded | vendor, | the |
| administrative | fee | to | be | remitted | to | NCPA | by | the | awarded | vendor. | | It | is | the | awarded |
| vendor’s | responsibility | to | keep | all | pricing | up | to | date | and | on | file | with | NCPA. | For | those |
| pricing | requiring | annual | or | periodic | pricing | updates, | awarded | vendors | are | expected | to | | | | |
| provide | these | changes | as | submitted. | | | | | | | | | | | |
| Ø All | deliveries | shall | be | freight | prepaid, | F.O.B. | destination | and | shall | be | included | in | all | pricing |
| offered | unless | otherwise | clearly | stated | in | writing | | | | | | | | |
¨ Warranty
Ø Proposals should address each of the following:
| § Applicable | warranty | and/or | guarantees | of | equipment | and | installations | including | | | |
| any | conditions | and | response | time | for | repair | and/or | replacement | of | any | components |
| during | the | warranty | period. | | | | | | | | |
| § Availability | of | replacement | parts | | | | | | |
| § Life | expectancy | of | equipment | under | normal | use | | | |
| § Detailed | information | as | to | proposed | return | policy | on | all | equipment |
| Ø All | supplies, | equipment | and | services | shall | include | manufacturer's | minimum | standard | | | |
| warranty | and | one | (1) | year | labor | warranty | unless | otherwise | agreed | to | in | writing. |
¨ Administrative Fee
| Ø All | pricing | submitted | to | Region | 14 | ESC | shall | include | the | administrative | fee | to | be | remitted | to |
| NCPA | by | the | awarded | vendor. | | | | | | | | | | | |
Ø The awarded vendor agrees to pay administrative fees to NCPA of three percent (3%).
| ¨ Audit | rights | | | | | | | | | | | |
| Ø Vendor | shall, | at | Vendor’s | sole | expense, | maintain | appropriate | due | diligence | of | all | purchases |
| made | by | any | entity | that | utilizes | this | Agreement. | NCPA | and | Region | 14 | ESC | each | reserve | the | | |
| right | to | audit | the | accounting | for | a | period | of | three | (3) | years | from | the | time | such | purchases | are |
| made. | This | audit | right | shall | survive | termination | of | this | Agreement | for | a | period | of | one | (1) | | |
| year | from | the | effective | date | of | termination. | In | the | State | of | New | Jersey, | this | audit | right | shall | |
| survive | termination | of | this | Agreement | for | a | period | of | five | (5) | years | from | the | date | of | final | |
| payment. | Such | records | shall | be | made | available | to | the | New | Jersey | Office | of | the | State | | | |
| Comptroller | upon | request. | | | | | | | | | | | | | | | |
| Ø Region | 14 | ESC | shall | have | the | authority | to | conduct | random | audits | of | Vendor’s | pricing | that | is | |
| offered | to | eligible | entities | at | Region | 14 | ESC's | sole | cost | and | expense. | Notwithstanding | the | | | |
| foregoing, | in | the | event | that | Region | 14 | ESC | is | made | aware | of | any | pricing | being | offered | to |
| eligible | agencies | that | is | materially | inconsistent | with | the | pricing | under | this | agreement, | | | | | |
| Region | 4 | ESC | shall | have | the | ability | to | conduct | an | extensive | audit | of | Vendor’s | pricing | at | |
| Vendor’s | sole | cost | and | expense. | Region | 14 | ESC | may | conduct | the | audit | internally | or | may | | |
| engage | a | third-party | auditing | firm. | In | the | event | of | an | audit, | the | requested | materials | shall | be | |
| provided | in | the | format | and | at | the | location | designated | by | Region | 14 | ESC | or | NCPA. | | |
¨ Indemnity
| Ø The | awarded | vendor | shall | protect, | indemnify, | and | hold | harmless | Region | 14 | ESC | and | its | |
| participants, | administrators, | employees | and | agents | against | all | claims, | damages, | losses | and | | | | |
| expenses | arising | out | of | or | resulting | from | the | actions | of | the | vendor, | vendor | employees | or |
| vendor | subcontractors | in | the | preparation | of | the | solicitation | and | the | later | execution | of | the | |
contract.
¨ Licenses and Duty to keep current licenses
Ø Vendor shall maintain in current status all federal, state and local licenses, bonds and
| permits | required | for | the | operation | of | the | business | conducted | by | vendor. | | Vendor | shall | | |
| remain | fully | informed | of | and | in | compliance | with | all | ordinances | and | regulations | pertaining | | | |
| to | the | lawful | provision | of | services | under | the | contract. | Region | 14 | ESC | reserves | the | right | to |
| stop | work | and/or | cancel | the | contract | of | any | vendor | whose | license(s) | expire, | lapse, | are | | |
| suspended | or | terminated. | Vendor | is | expected | to | provide | all | required | license(s) | with | this | RFP | | |
response.
¨ Franchise Tax
| Ø The | respondent | hereby | certifies | that | he/she | is | not | currently | delinquent | in | the | payment | of |
| any | franchise | taxes. | | | | | | | | | | | |
| ¨ Supplemental | Agreements | | | | | | | | | | | | |
| Ø The | entity | participating | in | this | contract | and | awarded | vendor | may | enter | into | a | separate |
| supplemental | agreement | to | further | define | the | level | of | service | requirements | over | and | above |
| the | minimum | defined | in | this | contract | i.e. | invoice | requirements, | ordering | requirements, | | |
| specialized | delivery, | etc. | Any | supplemental | agreement | developed | as | a | result | of | this | contract |
| is | exclusively | between | the | participating | entity | and | awarded | vendor. | | | | |
¨ Certificates of Insurance
| Ø Certificates | of | insurance | shall | be | delivered | to | the | Public | Agency | prior | to | commencement | of | | |
| work. | | The | insurance | company | shall | be | licensed | in | the | applicable | state | in | which | work | is |
| being | conducted. | | The | awarded | vendor | shall | give | the | participating | entity | a | minimum | of | ten |
| (10) | days | notice | prior | to | any | modifications | or | cancellation | of | policies. | The | awarded | vendor | |
| shall | require | all | subcontractors | performing | any | work | to | maintain | coverage | as | specified. | | | |
¨ Legal Obligations
| Ø It | is | the | Respondent’s | responsibility | to | be | aware | of | and | comply | with | all | local, | state, | and |
| federal | laws | governing | the | sale | of | products/services | identified | in | this | RFP | and | any | | | |
| awarded | contract | and | shall | comply | with | all | while | fulfilling | the | RFP. | | Applicable | laws | and | |
| regulation | must | be | followed | even | if | not | specifically | identified | herein. | | | | | | |
¨ Protest
| Ø A | protest | of | an | award | or | proposed | award | must | be | filed | in | writing | within | ten | (10) | days | from |
| the | date | of | the | official | award | notification | and | must | be | received | by | 5:00 | pm | CST. | | No | protest |
| shall | lie | for | a | claim | that | the | selected | Vendor | is | not | a | responsible | Bidder. | | Protests | shall | be |
| filed | with | Region | 14 | ESC | and | shall | include | the | following: | | | | | | | | |
| § Name, | address | and | telephone | number | of | protester | | | | |
| § Original | signature | of | protester | or | its | representative | | | | |
| § Identification | of | the | solicitation | by | RFP | number | | | | |
| § Detailed | statement | of | legal | and | factual | grounds | including | copies | of | relevant |
| documents | and | the | form | of | relief | requested | | | | | | | |
| Ø Any | protest | review | and | action | shall | be | considered | final | with | no | further | formalities | being |
considered.
¨ Force Majeure
| Ø If | by | reason | of | Force | Majeure, | either | party | hereto | shall | be | rendered | unable | wholly | or | in |
| part | to | carry | out | its | obligations | under | this | Agreement | then | such | party | shall | give | notice | and |
| full | particulars | of | Force | Majeure | in | writing | to | the | other | party | within | a | reasonable | time | after |
| occurrence | of | the | event | or | cause | relied | upon, | and | the | obligation | of | the | party | giving | such |
| notice, | so | far | as | it | is | affected | by | such | Force | Majeure, | shall | be | suspended | during | the |
| continuance | of | the | inability | then | claimed, | except | as | hereinafter | provided, | but | for | no | longer | | |
| period, | and | such | party | shall | endeavor | to | remove | or | overcome | such | inability | with | all | | |
| reasonable | dispatch. | | | | | | | | | | | | | | |
| Ø The | term | Force | Majeure | as | employed | herein, | shall | mean | acts | of | God, | strikes, | lockouts, | or |
| other | industrial | disturbances, | act | of | public | enemy, | orders | of | any | kind | of | government | of | the |
| United | States | or | any | civil | or | military | authority; | insurrections; | riots; | epidemics; | landslides; | | | |
| lighting; | earthquake; | fires; | hurricanes; | storms; | floods; | washouts; | droughts; | arrests; | | | | | | |
| restraint | of | government | and | people; | civil | disturbances; | explosions, | breakage | or | accidents | | | | |
| to | machinery, | pipelines | or | canals, | or | other | causes | not | reasonably | within | the | control | of | the |
| party | claiming | such | inability. | It | is | understood | and | agreed | that | the | settlement | of | strikes | and |
| lockouts | shall | be | entirely | within | the | discretion | of | the | party | having | the | difficulty, | and | that |
| the | above | requirement | that | any | Force | Majeure | shall | be | remedied | with | all | reasonable | | |
| dispatch | shall | not | require | the | settlement | of | strikes | and | lockouts | by | acceding | to | the | |
| demands | of | the | opposing | party | or | parties | when | such | settlement | is | unfavorable | in | the |
| judgment | of | the | party | having | the | difficulty | | | | | | | |
¨ Prevailing Wage
| Ø It | shall | be | the | responsibility | of | the | Vendor | to | comply, | when | applicable, | with | the | prevailing | |
| wage | legislation | in | effect | in | the | jurisdiction | of | the | purchaser. | | It | shall | further | be | the |
| responsibility | of | the | Vendor | to | monitor | the | prevailing | wage | rates | as | established | by | the | | |
| appropriate | department | of | labor | for | any | increase | in | rates | during | the | term | of | this | contract | |
| and | adjust | wage | rates | accordingly. | | | | | | | | | | | |
¨ Miscellaneous
| Ø Either | party | may | cancel | this | contract | in | whole | or | in | part | by | providing | written | notice. | The |
| cancellation | will | take | effect | 30 | business | days | after | the | other | party | receives | the | notice | of | |
| cancellation. | | After | the | 30th | business | day | all | work | will | cease | following | completion | of | final | |
| purchase | order. | | | | | | | | | | | | | | |
¨ Cancellation for Non-Performance or Contractor Deficiency
| Ø Region | 14 | ESC | may | terminate | any | contract | if | awarded | vendor | has | not | used | the | contract, | or |
| if | purchase | volume | is | determined | to | be | low | volume | in | any | 12-month | period. | | | |
| Ø Region | 14 | ESC | reserves | the | right | to | cancel | the | whole | or | any | part | of | this | contract | due | to | failure |
| by | contractor | to | carry | out | any | obligation, | term | or | condition | of | the | contract. | | | | | | |
| Ø Region | 14 | ESC | may | issue | a | written | deficiency | notice | to | contractor | for | acting | or | failing | to | act |
| in | any | of | the | following: | | | | | | | | | | | | |
| ¨ Providing | material | that | does | not | meet | the | specifications | of | the | contract; | | | |
| ¨ Providing | work | and/or | material | that | was | not | awarded | under | the | contract; | | | |
| ¨ Failing | to | adequately | perform | the | services | set | forth | in | the | scope | of | work | and |
specifications;
¨ Failing to complete required work or furnish required materials within a reasonable
| amount | of | time; | | | | | | | | | | | |
| ¨ Failing | to | make | progress | in | performance | of | the | contract | and/or | giving | Region | 14 | ESC |
reason to believe that contractor will not or cannot perform the requirements of the contract;
Ø Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a
| satisfactory | response | to | Region | 14 | ESC. | Failure | to | adequately | address | all | issues | of | concern |
| may | result | in | contract | cancellation. | | Upon | cancellation | under | this | paragraph, | all | goods, | |
| materials, | work, | documents, | data | and | reports | prepared | by | contractor | under | the | contract | shall | |
| become | the | property | of | Region | 14 | ESC | on | demand. | | | | | |
| ¨ Open | Records | Policy | | | | | | | | | | | |
| Ø Because | Region | 14 | ESC | is | a | governmental | entity | responses | submitted | are | subject | to | release |
| as | public | information | after | contracts | are | executed. | | If | a | vendor | believes | that | its | response, | or |
| parts | of | its | response, | may | be | exempted | from | disclosure, | the | vendor | must | specify | page-by- | | |
| page | and | line-by-line | the | parts | of | the | response, | which | it | believes, | are | exempt. | In | addition, | |
| the | respondent | must | specify | which | exception(s) | are | applicable | and | provide | detailed | | | | | |
| reasons | to | substantiate | the | exception(s). | | | | | | | | | | | |
| Ø The | determination | of | whether | information | is | confidential | and | not | subject | to | disclosure | is | | | | | |
| the | duty | of | the | Office | of | Attorney | General | (OAG). | | | Region | 14 | ESC | must | provide | the | OAG |
| sufficient | information | to | render | an | opinion | and | therefore, | vague | and | general | claims | to | | | | | |
| confidentiality | by | the | respondent | are | not | acceptable. | | | Region | 14 | ESC | must | comply | with | the | | |
| opinions | of | the | OAG. | | Region14 | ESC | assumes | no | responsibility | for | asserting | legal | | |
| arguments | on | behalf | of | any | vendor. | | Respondent | are | advised | to | consult | with | their | legal |
| counsel | concerning | disclosure | issues | resulting | from | this | procurement | process | and | to | take | | | |
| precautions | to | safeguard | trade | secrets | and | other | proprietary | information. | | | | | | |
| If | awarded | vendor | is | going | to | do | business | in | the | State | of | Arizona, | the | following | terms | and |
| conditions | shall | apply | | | | | | | | | | | | | | |
¨ Cancellation for Conflict of Interest
Ø Per A.R.S. 38-511 a School District/public entity may cancel this Contract within three (3)
| years | after | Contract | execution | without | penalty | or | further | obligation | if | any | person | | | | | | |
| significantly | involved | in | initiating, | negotiating, | securing, | drafting, | or | creating | the | Contract | | | | | | | |
| on | behalf | of | the | School | District/public | entity | is, | or | becomes | at | any | time | while | the | Contract | | |
| or | an | extension | the | Contract | is | in | effect, | an | employee | of | or | a | consultant | to | any | other | party |
| to | this | Contract | with | respect | to | the | subject | matter | of | the | Contract. | The | cancellation | shall | be | | |
| effective | when | the | awarded | vendor | receives | written | notice | of | the | cancellation | unless | the | | | | | |
| notice | specifies | a | later | time. | | | | | | | | | | | | | |
¨ Registered Sex Offender Restriction
Ø Pursuant to this order, the awarded vendor agrees by acceptance of this order that no
| employee | of | the | awarded | vendor | or | a | subcontractor | of | the | awarded | vendor, | who | has | been | |
| adjudicated | to | be | a | registered | sex | offender, | will | perform | work | on | any | School | District’s | | |
| premises | or | equipment | at | any | time | when | District | students | are, | or | are | reasonably | expected | | |
| to | be, | present. | | The | awarded | vendor | further | agrees | by | acceptance | of | this | order | that | a |
| violation | of | this | condition | shall | be | considered | a | material | breach | and | may | result | in | a | |
| cancellation | of | the | order | at | the | District's | discretion. | | | | | | | | |
¨ Contract’s Employment Eligibility
| Ø By | entering | the | contract, | awarded | vendor | warrants | compliance | with | A.R.S. | 41-4401, | A.R.S. | | | |
| 23-214, | the | Federal | Immigration | and | Nationality | Act | (FINA), | and | all | other | federal | | | |
| immigration | laws | and | regulations. | | A | School | District/public | entity | may | request | verification | | | |
| of | compliance | from | any | contractor | or | subcontractor | performing | work | under | this | contract. | | | |
| A | School | District/public | entity | reserves | the | right | to | confirm | compliance | in | accordance | with | | |
| applicable | laws. | | Should | the | School | District/public | entity | suspect | or | find | that | the | awarded | |
| vendor | or | any | of | its | subcontractors | are | not | in | compliance, | the | School | District/public | entity | |
| may | pursue | any | and | all | remedies | allowed | by | law, | including, | but | not | limited | to: | suspension |
| of | work, | termination | of | the | contract | for | default, | and | suspension | and/or | debarment | of | the | |
| awarded | vendor. | | All | costs | necessary | to | verify | compliance | are | the | responsibility | of | the | |
| award | vendor. | | | | | | | | | | | | | |
¨ Terrorism Country Divestments
| Ø Per | A.R.S. | 35-392, | a | School | District/public | entity | is | prohibited | from | purchasing | from | a |
| company | that | is | in | violation | of | the | Export | Administration | Act. | | | |
¨ Fingerprint Checks
| Ø If | required | to | provide | services | on | School | District/public | entity’s | property, | awarded | vendor |
| shall | comply | with | A.R.S. | 15-511(h). | | | | | | | |
¨ Indemnification
| Ø Notwithstanding | all | other | provisions | of | this | agreement, | School | District/public | entity | does | | |
| not | agree | to | accept | responsibility, | waive | liability, | or | indemnify | the | awarded | vendor, | in |
| whole | or | in | part, | for | the | errors, | negligence, | hazards, | liabilities, | contract | breach | and/or |
| omissions | of | the | awarded | vendor, | its | employees | and/or | agents. | | | | |
Process
| Region | 14 | ESC | will | evaluate | proposals | in | accordance | with, | and | subject | to, | the | relevant | statutes, | | |
| ordinances, | rules, | and | regulations | that | govern | its | procurement | practices. | | NCPA | will | assist | Region | 14 | ESC | |
| in | evaluating | proposals. | | Award(s) | will | be | made | to | the | prospective | vendor(s) | whose | response | is | | |
| determined | to | be | the | most | advantageous | to | Region | 14 | ESC, | NCPA, | and | its | participating | agencies. | | To |
| qualify | for | evaluation, | response | must | have | been | submitted | on | time, | and | satisfy | all | mandatory | | | |
| requirements | identified | in | this | document. | | | | | | | | | | | | |
| ¨ Contract | Administration | | | | | | | | | | | | |
| Ø The | contract | will | be | administered | by | Region | 14 | ESC. | The | National | Program | will | be |
| administered | by | NCPA | on | behalf | of | Region | 14 | ESC. |
| ¨ Contract | Term | | | | | | | |
| Ø The | contract | term | will | be | for | one | (1) | year | starting | from | the | date | of | the | award. | The | contract |
| may | be | renewed | for | up | to | four | (4) | additional | one-year | terms | or | any | combination | of | time | | |
| equally | not | more | than | 4 | years. | | | | | | | | | | | | |
| Ø It | should | be | noted | that | maintenance/service | agreements | may | be | issued | for | up | to | (5) | years | | |
| under | this | contract | even | if | the | contract | only | lasts | for | the | initial | term | of | the | contract. | NCPA |
| will | monitor | any | maintenance | agreements | for | the | term | of | the | agreement | provided | they | are | | | |
| signed | prior | to | the | termination | or | expiration | of | this | contract. | | | | | | | |
| ¨ Contract | Waiver | | | | | | | | | | | | | | | | |
| Ø Any | waiver | of | any | provision | of | this | contract | shall | be | in | writing | and | shall | be | signed | by | the |
| duly | authorized | agent | of | Region | 14 | ESC. | | The | waiver | by | either | party | of | any | term | or |
| condition | of | this | contract | shall | not | be | deemed | to | constitute | waiver | thereof | nor | a | waiver | of | |
| any | further | or | additional | right | that | such | party | may | hold | under | this | contract. | | | | |
| ¨ Products | and | Services | additions | | | | | | | | | | | |
| Ø Products | and | Services | may | be | added | to | the | resulting | contract | during | the | term | of | the |
| contract | by | written | amendment, | to | the | extent | that | those | products | and | services | are | within |
| the | scope | of | this | RFP | and | has | written | approval | of | NCPA | and | Region | 14ESC. |
| ¨ Competitive | Range | | | | | | | | | | | | | | |
| Ø It | may | be | necessary | for | Region | 14 | ESC | to | establish | a | competitive | range. | Responses | not | in |
| the | competitive | range | are | unacceptable | and | do | not | receive | further | award | consideration. |
| ¨ Deviations | and | Exceptions | | | | | | | | | |
| Ø Deviations | or | exceptions | stipulated | in | response | may | result | in | disqualification. | | It | is | the | |
| intent | of | Region | 14 | ESC | to | award | a | vendor’s | complete | line | of | products | and/or | services, |
| when | possible. | | | | | | | | | | | | | |
| ¨ Estimated | Quantities | | | | | | | | | | |
| Ø The | estimated | dollar | volume | of | Products | and | Services | purchased | under | the | proposed |
| Master | Agreement | is | 2 | million | dollars | annually. | | This | estimate | is | based | on | the | anticipated | |
| volume | of | Region | 14 | ESC | and | current | sales | within | the | NCPA | program. | | There | is | no |
| guarantee | or | commitment | of | any | kind | regarding | usage | of | any | contracts | resulting | from | this | | |
solicitation
¨ Evaluation Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to,
| the | relevant | statutes, | ordinances, | rules | and | regulations | that | govern | its | procurement | | | | |
| practices. | | NCPA | will | assist | the | lead | agency | in | evaluating | proposals. | | Recommendations | for | |
| contract | awards | will | be | based | on | multiple | factors, | each | factor | being | assigned | a | point | value |
| based | on | its | importance. | | | | | | | | | | | |
| ¨ Formation | of | Contract | | | | | | | | | | | | | | |
| Ø A | response | to | this | solicitation | is | an | offer | to | contract | with | Region | 14 | ESC | based | upon | the |
| terms, | conditions, | scope | of | work, | and | specifications | contained | in | this | request. | A | solicitation | | | |
| does | not | become | a | contract | until | it | is | accepted | by | Region | 14 | ESC. | The | prospective | vendor |
| must | submit | a | signed | Signature | Form | with | the | response | thus, | eliminating | the | need | for | a | |
| formal | signing | process. | | | | | | | | | | | | | |
| ¨ NCPA | Administrative | Agreement | | | | | | | | | | |
| Ø The | vendor | will | be | required | to | enter | and | execute | the | National | Cooperative | Purchasing |
| Alliance | Administration | Agreement | with | NCPA | upon | award | with | Region | 14 | ESC. | | The |
| agreement | establishes | the | requirements | of | the | vendor | with | respect | to | a | nationwide | |
| contract | effort. | | | | | | | | | | | |
¨ Clarifications / Discussions
| Ø Region | 14 | ESC | may | request | additional | information | or | clarification | from | any | of | the | | | | | |
| respondents | after | review | of | the | proposals | received | for | the | sole | purpose | of | elimination | | | | | |
| minor | irregularities, | informalities, | or | apparent | clerical | mistakes | in | the | proposal. | | | | | | | | |
| Clarification | does | not | give | respondent | an | opportunity | to | revise | or | modify | its | proposal, | | | | | |
| except | to | the | extent | that | correction | of | apparent | clerical | mistakes | results | in | a | revision. | | After | | |
| the | initial | receipt | of | proposals, | Region | 14 | ESC | reserves | the | right | to | conduct | discussions | | | | |
| with | those | respondent’s | whose | proposals | are | determined | to | be | reasonably | susceptible | of | | | | | | |
| being | selected | for | award. | | Discussions | occur | when | oral | or | written | communications | | | | | | |
| between | Region | 14 | ESC | and | respondents | are | conducted | for | the | purpose | clarifications | | | | | | |
| involving | information | essential | for | determining | the | acceptability | of | a | proposal | or | that | | | | | | |
| provides | respondent | an | opportunity | to | revise | or | modify | its | proposal. | | Region | 14 | ESC | will | | | |
| not | assist | respondent | bring | its | proposal | up | to | the | level | of | other | proposals | through | | | | |
| discussions. | | Region | 14 | ESC | will | not | indicate | to | respondent | a | cost | or | price | that | it | must | meet |
| to | neither | obtain | further | consideration | nor | will | it | provide | any | information | about | other | | | | | |
| respondents’ | proposals | or | prices. | | | | | | | | | | | | | | |
¨ Multiple Awards
| Ø Multiple | Contracts | may | be | awarded | as | a | result | of | the | solicitation. | Multiple | Awards | will |
| ensure | that | any | ensuing | contracts | fulfill | current | and | future | requirements | of | the | diverse | and |
| large | number | of | participating | public | agencies. | | | | | | | | |
| ¨ Past | Performance | | | | | | | | | |
| Ø Past | performance | is | relevant | information | regarding | a | vendor’s | actions | under | previously |
| awarded | contracts; | including | the | administrative | aspects | of | performance; | the | vendor’s | | |
| history | of | reasonable | and | cooperative | behavior | and | commitment | to | customer | satisfaction; | |
| and | generally, | the | vendor’s | businesslike | concern | for | the | interests | of | the | customer. |
| Evaluation | Criteria | | | |
| ¨ Product | & | Services/Pricing | (40 | points) |
| Ø Respondent(s)’ | products | and | services | (e.g.; | quality | and | breadth | of | product(s)/service(s), | | | |
| description(s) | quality, | reputation | in | the | marketplace, | average | on | time | delivery | rate | and | |
| historical | shipping | timelines, | return | and | restocking | policies | and | applicable | fees, | | average | Fill |
| Rate, | shipping | charges | and | other) | | | | | | | | |
| Ø Competitive | Level | of | Pricing | for | vendor’s | available | products | and | services |
| Ø Warranties | on | Respondent(s)’ | products | and | services | (e.g.; | availability | of | standard/extended |
| warranties, | pricing, | detailed | descriptions, | ease | of | process | and | others) | | | | | |
| Ø Evidence | of | the | ability | of | Respondent(s)’ | products | and | services | to | save | members | time | and |
| money | (e.g.; | breadth | of | service | departments, | technological | advances, | personnel | experience, |
| product(s) | efficiencies, | and | others) | | | | | | |
Ø Other factors relevant to this section as submitted by the responder(s)
| ¨ Ability | to | Provide | and | Perform | the | Required | Services | for | the | Contract | (25 | points) |
| Ø Response | to | emergency | orders | & | service | (e.g.; | response | time, | breadth | of | service | coverage, |
| strength | of | meeting | service | and | warranty | needs | of | members) | |
| Ø Customer | service/problem | resolution | (e.g.; | technical | abilities | of | service | personnel; | quality |
| of | processes,) | | | | | | | | |
| Ø Invoicing | process | (e.g.; | ease | of | use; | transparency, | billing | resolutions) | |
| Ø Respondent(s)’ | processes, | and | quality | of | organizational | structure | | | |
| Ø Contract | implementation/Customer | transition | | | | | | | |
| Ø Financial | condition | of | vendor | | | | | | |
| Ø Offeror’s | safety | record | (e.g.; | benchmarks, | lost | hours, | reporting) | | |
| Ø Instructional | materials | and | training | | (e.g.; | administrative | documentation, | internal | technical |
| training, | training | of | agencies) | | | | | | | |
| Ø Other | factors | relevant | to | this | section | as | submitted | by | the | proposer |
¨ References (10 points)
| Ø A | minimum | of | ten | (10) | customer | references | for | product | and/or | services | of | similar | scope |
| dating | within | past | 3 | years | | | | | | | | | |
| ¨ Qualification | and | Experience (15 | points) | | | | | | |
| Ø Respondent(s)’ | reputation | in | the | marketplace | | | | | |
| Ø Past | relationship | with | Region | 14 | ESC | and/or | NCPA | members | |
| Ø Experience | with | cooperative | selling | (e.g.; | number | of | other | cooperatives, | Exhibited |
| understanding | of | cooperative | purchasing) | | | | | | | | |
| Ø Experience | and | qualification | of | key | employees | | | | | | |
| Ø Location | and | number | of | sales | persons | who | will | work | on | this | contract |
| Ø Marketing | plan | and | capability | | | | | | | | |
| Ø Past | experience | working | with | the | government | sector | | | | | |
| Ø Past | litigation, | bankruptcy, | reorganization, | state | investigations | of | entity | or | current | officers |
| and | directors | | | | | | | | | |
Ø Completeness of response (e.g.; filled out all sections, answered all questions, provided pricing)
Ø Other factors relevant to this section as submitted by the proposer
| ¨ Value | Added | Services | Description, | Products | and/or | Services | (10 | points) | | |
| Ø Marketing | and | agency | Training | | | | | | | |
| Ø Customer | Service | | | | | | | | | |
| Ø Sales | force | training | (e.g.; | internal | training | plan, | corporate | officer | involvement, | orientation |
commitment)
| Ø Marketing | plan | and | capability | (e.g.; | contract | rollout | plan, | benchmarks, | goals) | |
| Ø Green | initiative(s) | (e.g.; | philosophy, | certificates, | awards) | | | | | |
| Ø Quality | and | breadth | of | value | add(s) | | | | | |
| Ø Other | factors | relevant | to | this | section | as | submitted | by | the | proposer |
Signature Form
| The | undersigned | hereby | proposes | and | agrees | to | furnish | goods | and/or | services | in | strict | compliance | with | | | | |
| the | terms, | specifications | and | conditions | at | the | prices | proposed | within | response | unless | noted | in | writing. | | | | |
| The | undersigned | further | certifies | that | he/she | is | an | officer | of | the | company | and | has | authority | to | negotiate | | |
| and | bind | the | company | named | below | and | has | not | prepared | this | bid | in | collusion | with | any | other | Respondent | |
| and | that | the | contents | of | this | proposal | as | to | prices, | terms | or | conditions | of | said | bid | have | not | been |
| communicated | by | the | undersigned | nor | by | any | employee | or | agent | to | any | person | engaged | in | this | type | of | |
| business | prior | to | the | official | opening | of | this | proposal. | | | | | | | | | | |
Prices are guaranteed: 120 days
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
| Tab | 2 | – | NCPA | Administration | Agreement | | | | | | |
| This | Administration | Agreement | is | made | as | of | __________________________________, | by | and | between | National |
Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”).
Recitals
| WHEREAS, | Region | 14 | ESC | has | entered | into | a | certain | Master | Agreement | dated | _______________________, | | | | |
| referenced | as | Contract | Number | _______________________, | by | and | between | Region | 14 | ESC | and | Vendor, | as | may | | |
| be | amended | from | time | to | time | in | accordance | with | the | terms | thereof | (the | “Master | Agreement”), | for | the |
| purchase | of | Natural | Sport | Surfaces, | Installation | and | Related | Materials | ; | | | | | | | |
| WHEREAS, | said | Master | Agreement | provides | that | any | state, | city, | special | district, | local | government, | | |
| school | district, | private | K-12 | school, | technical | or | vocational | school, | higher | education | institution, | other | | |
| government | agency | or | nonprofit | organization | (hereinafter | referred | to | as | “public | agency” | or | collectively, | | |
| “public | agencies”) | may | purchase | products | and | services | at | the | prices | indicated | in | the | Master | Agreement; |
| WHEREAS, | NCPA | has | the | administrative | and | legal | capacity | to | administer | purchases | under | the |
| Master | Agreement | to | public | agencies; | | | | | | | | |
| WHEREAS, | NCPA | serves | as | the | administrative | agent | for | Region | 14 | ESC | in | connection | with | other |
| master | agreements | offered | by | NCPA | | | | | | | | | | |
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement;
| WHEREAS, | NCPA | and | Vendor | desire | to | enter | into | this | Agreement | to | make | available | the | Master |
| Agreement | to | public | agencies | on | a | national | basis; | | | | | | | |
| NOW, | THEREFORE, | in | consideration | of | the | payments | to | be | made | hereunder | and | the | mutual |
| covenants | contained | in | this | Agreement, | NCPA | and | Vendor | hereby | agree | as | follows: | | |
| ¨ General | Terms | and | Conditions | | | | | | | | | | |
| Ø The | Master | Agreement, | attached | hereto | as | Tab | 1 | and | incorporated | herein | by | reference | as |
| though | fully | set | forth | herein, | and | the | terms | and | conditions | contained | therein | shall | apply | to |
| this | Agreement | except | as | expressly | changed | or | modified | by | this | Agreement. | | | | |
| Ø NCPA | shall | be | afforded | all | of | the | rights, | privileges | and | indemnifications | afforded | to | Region | |
| 14 | ESC | under | the | Master | Agreement, | and | such | rights, | privileges | and | indemnifications | shall | | |
| accrue | and | apply | with | equal | effect | to | NCPA | under | this | Agreement | including, | but | not | limited |
| to, | the | Vendor’s | obligation | to | provide | appropriate | insurance | and | certain | indemnifications | | | | |
| to | Region | 14 | ESC. | | | | | | | | | | | |
| Ø Vendor | shall | perform | all | duties, | responsibilities | and | obligations | required | under | the | Master |
| Agreement | in | the | time | and | manner | specified | by | the | Master | Agreement. | |
| Ø NCPA | shall | perform | all | of | its | duties, | responsibilities, | and | obligations | as | administrator | of | |
| purchases | under | the | Master | Agreement | as | set | forth | herein, | and | Vendor | acknowledges | that | |
| NCPA | shall | act | in | the | capacity | of | administrator | of | purchases | under | the | Master | Agreement. |
| Ø With | respect | to | any | purchases | made | by | Region | 14 | ESC | or | any | Public | Agency | pursuant | to |
| the | Master | Agreement, | NCPA | (a) | shall | not | be | construed | as | a | dealer, | re-marketer, | | | |
| representative, | partner, | or | agent | of | any | type | of | Vendor, | Region | 14 | ESC, | or | such | Public | |
| Agency, | (b) | shall | not | be | obligated, | liable | or | responsible | (i) | for | any | orders | made | by | Region |
| 14 | ESC, | any | Public | Agency | or | any | employee | of | Region | 14 | ESC | or | Public | Agency | under | the | |
| Master | Agreement, | or | (ii) | for | any | payments | required | to | be | made | with | respect | to | such | | | |
| order, | and | (c) | shall | not | be | obligated, | liable | or | responsible | for | any | failure | by | the | Public | | |
| Agency | to | (i) | comply | with | procedures | or | requirements | of | applicable | law, | or | (ii) | obtain | the | | | |
| due | authorization | and | approval | necessary | to | purchase | under | the | Master | Agreement. | | NCPA | | | | | |
| makes | no | representations | or | guaranties | with | respect | to | any | minimum | purchases | required | | | | | | |
| to | be | made | by | Region | 14 | ESC, | any | Public | Agency, | or | any | employee | of | Region | 14 | ESC | or |
| Public | Agency | under | this | Agreement | or | the | Master | Agreement. | | | | | | | | | |
| Ø The | Public | Agency | participating | in | the | NCPA | contract | and | Vendor | may | enter | into | a | separate |
| supplemental | agreement | to | further | define | the | level | of | service | requirements | over | and | above | | |
| the | minimum | defined | in | this | contract | i.e. | invoice | requirements, | ordering | requirements, | | | | |
| specialized | delivery, | etc. | Any | supplemental | agreement | developed | as | a | result | of | this | contract | | |
| is | exclusively | between | the | Public | Agency | and | Vendor. | NCPA, | its | agents, | members | and | | |
| employees | shall | not | be | made | party | to | any | claim | for | breach | of | such | agreement. | |
| ¨ Term | of | Agreement | | | | | | | | | | | | | |
| Ø | This | Agreement | shall | be | in | effect | so | long | as | the | Master | Agreement | remains | in | effect, |
| provided, | however, | that | the | obligation | to | pay | all | amounts | owed | by | Vendor | to | NCPA | through |
| the | termination | of | this | Agreement | and | all | indemnifications | afforded | by | Vendor | to | NCPA | | |
| shall | survive | the | term | of | this | Agreement. | | | | | | | | |
| ¨ Fees | and | Reporting | | | | | | | | | |
| Ø The | awarded | vendor | shall | electronically | provide | NCPA | with | a | detailed | monthly | or |
| quarterly | report | showing | the | dollar | volume | of | all | sales | under | the | contract | for | the | previous | | |
| month | or | quarter. | | Reports | shall | be | sent | via | e-mail | to | NCPA | offices | at | reporting@ncpa.us. | | |
| Reports | are | due | on | the | fifteenth | (15th) | day | after | the | close | of | the | previous | month | or | quarter. |
| It | is | the | responsibility | of | the | awarded | vendor | to | collect | and | compile | all | sales | under | the | |
| contract | from | participating | members | and | submit | one | (1) | report. | | The | report | shall | include | | | |
| at | least | the | following | information | as | listed | in | the | example | below: | | | | | | |
Agency Name
Zip Code State
RQN
Proposal #
Order Date
Internal PO, Job #, FX#, Notes etc.
Sale Amount
Admin Fee (3%)
Total ________________
| Ø Each | month | or | quarter | NCPA | will | invoice | the | vendor | based | on | the | total | of | sale | amount(s) |
| reported. | From | the | invoice | the | vendor | shall | pay | to | NCPA | the | administrative | fee | on | the | |
| amount | of | the | agency’s | purchase | order | less | any | applicable | sales | tax | and | Performance | | | |
| and/or | Payment | bond | cost. | | Deadline | for | term | of | payment | will | be | included | in | the | invoice |
| NCPA | provides. | | | | | | | | | | | | | | |
| Ø Supplier | shall | maintain | an | accounting | of | all | purchases | made | by | Public | Agencies | under | the | | | | |
| Master | Agreement. | | NCPA | and | Region | 14 | ESC | reserve | the | right | to | audit | the | accounting | for | a | |
| period | of | four | (4) | years | from | the | date | NCPA | receives | the | accounting. | | In | the | event | of | such |
| an | audit, | the | requested | materials | shall | be | provided | at | the | location | designated | by | Region | 14 | | | |
| ESC | or | NCPA. | | In | the | event | such | audit | reveals | an | underreporting | of | Contract | Sales | and | a | |
| resulting | underpayment | of | administrative | fees, | Vendor | shall | promptly | pay | NCPA | the | | | | | | | |
| amount | of | such | underpayment, | together | with | interest | on | such | amount | and | shall | be | | | | | |
| obligated | to | reimburse | NCPA’s | costs | and | expenses | for | such | audit. | | | | | | | | |
| ¨ General | Provisions | | | | | | | | | | | | |
| Ø | This | Agreement | supersedes | any | and | all | other | agreements, | either | oral | or | in | writing, |
| between | the | parties | hereto | with | respect | to | the | subject | matter | hereof, | and | no | other |
| agreement, | statement, | or | promise | relating | to | the | subject | matter | of | this | Agreement | which | is |
| not | contained | herein | shall | be | valid | or | binding. | | | | | | |
| Ø Awarded | vendor | agrees | to | allow | NCPA | to | use | their | name | and | logo | within | website, | | |
| marketing | materials | and | advertisement. | | Any | use | of | NCPA | name | and | logo | or | any | form | of |
| publicity | regarding | this | contract | by | awarded | vendor | must | have | prior | approval | from | NCPA. | | | |
| Ø If | any | action | at | law | or | in | equity | is | brought | to | enforce | or | interpret | the | provisions | of | this |
| Agreement | or | to | recover | any | administrative | fee | and | accrued | interest, | the | prevailing | party | | | | | |
| shall | be | entitled | to | reasonable | attorney’s | fees | and | costs | in | addition | to | any | other | relief | to | | |
| which | such | party | may | be | entitled. | | | | | | | | | | | | |
| Ø Neither | this | Agreement | nor | any | rights | or | obligations | hereunder | shall | be | assignable | by | | | |
| Vendor | without | prior | written | consent | of | NCPA, | provided, | however, | that | the | Vendor | may, | | | |
| without | such | written | consent, | assign | this | Agreement | and | its | rights | and | delegate | its | | | |
| obligations | hereunder | in | connection | with | the | transfer | or | sale | of | all | or | substantially | all | of | its |
| assets | or | business | related | to | this | Agreement, | or | in | the | event | of | its | merger, | consolidation, | |
| change | in | control | or | similar | transaction. | | Any | permitted | assignee | shall | assume | all | assigned | | |
| obligations | of | its | assignor | under | this | Agreement. | | | | | | | | | |
| Ø This | Agreement | and | NCPA’s | rights | and | obligations | hereunder | may | be | assigned | at | NCPA’s | | |
| sole | discretion, | to | an | existing | or | newly | established | legal | entity | that | has | the | authority | and |
| capacity | to | perform | NCPA’s | obligations | hereunder | | | | | | | | | |
| Ø All | written | communications | given | hereunder | shall | be | delivered | to | the | addresses | as | set |
| forth | below. | | | | | | | | | | | |
National Cooperative Purchasing Alliance:
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
Signature: ________________________________________
Date: ________________________________________
Vendor: ________________________________________
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
Signature: ________________________________________
Date: ________________________________________
| NCPA | Registered | Vendor | Quotation | Number | | | | | | | | | | | | | |
| RFP | responders | are | requested | to | agree | to | a | quotation | number | registration | program | to | provide | consistency | and | | |
| faster | service | for | our | facility | awarded | vendors, | agency | members | and | participants. | The | process | will | require | Facility | | |
| Contract | holders | to | register | and | receive | a | NCPA | Vendor | Registered | Quotation | Number | that | must | be | prominently | | |
| displayed | on | each | proposal(s) | that | you | present | to | the | agencies. | The | system | will | track | Facility | transactions | from | the |
| initial | proposal | stage | to | the | completion | of | each | project. | | NCPA | has | assembled | an | experienced | Facilities | Management | |
| Team | that | stands | ready | and | willing | to | assist | its | vendors | in | providing | quality | services | to | the | awarded | vendor’s |
| organization. | | Failure | to | receive | the | Vendor | Registered | Quotation | Number | can | result | in | potential | delays | to | your | |
| services | and | the | only | acceptable | proposals | need | to | have | a | NCPA | Vendor | Registered | Quotation | Number. | | | |
| NCPA | Registered | Vendor | Quotation | Number | Process | | | | |
| Fill | out | the | form | on | the | Facilities | page | at | www.NCPA.us |
| *Click | on | RQN | Logo | at | the | bottom | of | the | home | page | and | a | form | will | pop | up. |
| * | Fill | out | and | submit. | | | | | | | | | | | | |
| • All | registered | vendor | quotation | number | requests | must | be | submitted | and | a | proposal | number | received | before |
| you | present | it | to | your | potential | customer. | | | | | | | | |
• You will have a response with a NCPA Vendor Registered Quotation Number within 5 minutes.
• Include the quotation number on all proposals.
| This | document | acknowledges | that | you | have | received | and | agree | to | the | details, | directions | and | expectations | of | the |
| NCPA | Vendor | Registered | Quotation | Number | process. | | | | | | | | | | | |
Date:
RFP Number:
Company Name:
Printed Name:
Signature:
| Tab | 3 | – | Vendor | Questionnaire | | | | | | | |
| Please | provide | responses | to | the | following | questions | that | address | your | company’s | operations, |
| organization, | structure, | and | processes | for | providing | products | and | services. | | | |
| ¨ States | Covered | | | | | | | | | | | | |
| Ø Bidder | must | indicate | any | and | all | states | where | products | and | services | can | be | offered. |
| Ø Please | indicate | the | price | co-efficient | for | each | state | if | it | varies. | | | |
50 States & District of Columbia (Selecting this box is equal to checking all boxes below)
Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware
District of Columbia
Nebraska
Nevada
Washington
West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island
All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below)
| ¨ Minority | and | Women | | | |
| Business | Enterprise | (MWBE) | and | (HUB) | Participation |
| Ø It | is | the | policy | of | some | entities | participating | in | NCPA | to | involve | minority | and | women |
| business | enterprises | (MWBE) | and | historically | underutilized | businesses | (HUB) | in | the | | | | | |
| purchase | of | goods | and | services. | | Respondents | shall | indicate | below | whether | or | not | they | are |
| an | M/WBE | or | HUB | certified. | | | | | | | | | | |
| § Minority | / | Women | Business | Enterprise | | | |
| • Respondent | Certifies | that | this | firm | is | a | M/WBE |
| § Historically | Underutilized | Business | | | | | |
| • Respondent | Certifies | that | this | firm | is | a | HUB |
¨ Residency Ø Responding Company’s principal place of business is in the city of _______________________,
| State | of | __________ |
| ¨ Felony | Conviction | Notice |
This is the start of the file's text. The full file is on GovTribe.