Linking Agreement with W.W. Grainger Inc.
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1
10/05/2023
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
W.W. GRAINGER, INC.
This Linking Agreement (“Agreement”) is entered into as of this 1st day of January, 2025, between the City
of Glendale, an Arizona municipal corporation (“City”), and W.W. Grainger, Inc., an Illinois corporation,
authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On October 2, 2024, City of Tucson, in conjunction with OMNIA Partners, entered into a contract
with Contractor to purchase the goods and services described in the Maintenance Repair and
Operations (MRO) Supplies, Parts, Equipment, and Materials Contract No. 240078-01
(“Cooperative Agreement”), which is attached to this Agreement as Exhibit A. The Cooperative
Agreement allows its cooperative use by other governmental agencies, including the City.
B.
Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods and
services by participating with other governmental units in cooperative purchasing agreements when
the best interests of the City would be served.
C.
Section 2-149 also provides that the Materials Manager may enter into such cooperative agreements
without meeting the formal or informal solicitation and bid requirements of Glendale City Code
Sections 2-145 and 2-146.
D.
The City wishes to contract with Contractor for supplies or services identical to those being provided
to other units of government under the Cooperative Agreement. Contractor consents to the City’s
cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide
the supplies and services set forth in the Statement of Work appended to this Agreement as Exhibit
B.
AGREEMENT
NOW, THEREFORE, in consideration of the recitals, which are incorporated by reference, and the
covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement.
A.
As provided in the Cooperative Agreement, purchases can be made by governmental entities
from the date of award, which was January 1, 2025, until the date the contract terminates on
December 31, 2027, unless the term is extended by mutual agreement of the parties to the
Cooperative Agreement. The Cooperative Agreement, however, may not be extended
beyond December 31, 2029. The initial period of this Agreement is the period from the
Effective Date of this Agreement until December 31, 2027.
B.
The City may extend the term of this Agreement for two (2) one-year periods if the
Cooperative Agreement is also extended and the City gives the Contractor notice that it is
exercising its option to extend this Agreement 30 days prior to the anniversary of the
2
10/05/2023
Effective Date. Glendale extensions are not automatic and shall only occur if the City
affirmatively exercises its right to extend this Agreement.
2.
Scope of Work; Terms, Conditions, and Specifications.
A.
Contractor shall provide City the supplies and/or services identified in the Scope of Work
attached as Exhibit B.
B.
Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
3.
Compensation.
A.
City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached to this Agreement as
Exhibit C.
B.
The total purchase price for the supplies and/or services purchased under this Agreement
shall not exceed Three Hundred Thousand dollars ($300,000) annually or One million five
hundred thousand dollars ($1,500,000) for the entire term of the Agreement (initial term plus
any extensions).
4.
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
A.R.S. § 41-4401.
8.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties
hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to
not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
9.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and
during the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
W.W. GRAINGER, INC.
EXHIBIT A
MAINTENANCE REPAIR AND OPERATIONS (MRO) SUPPLIES, PARTS, EQUIPMENT,
AND MATERIALS CONTRACT NO. 240078-01
1.
Negotiate/Best and Final Offer (BAFO)
Matthew Sage, NIGP-CPP, CPPB
Procurement Manager
(520) 837-4137
Matthew.Sage@tucsonaz.gov
255 W. Alameda, 6th Floor, Tucson, AZ 85701 | Business Services Department – Procurement
(520) 791-4217 | TTY (520) 791-2639
https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement
August 14, 2024
Sent this day via email: Ken.White@grainger.com
Ken White
National Government Sales Manager
Grainger
100 Grainger Parkway
Lake Forest, IL 33544-7925
RE: City of Tucson RFP No. 240078, Maintenance, Repair, and Operations (MRO)
Supplies, Parts, Equipment, and Materials – Letter of Concurrence
Dear Mr. White:
Based upon the previous discussions and negotiations, this letter serves as a request for
confirmation that the statements below represent your firm’s best and final offer to the City of
Tucson regarding the subject solicitation. Points of agreement not identified below are not
included in the offer. In the event there is any disagreement with this document or if there is other
information that must be included in the document, Grainger must specify such in a written
response to this request.
The following contract modifications/clarifications have been accepted and agreed to by the City
of Grainger:
1.
Best and Final Pricing:
Pricing shall be as per the attached Price Page submitted by Grainger on May 31, 2024.
2.
City of Tucson and OMNIA Partners Negotiated Terms and Conditions:
The agreed upon Terms and Conditions for the City of Tucson and OMNIA Partners is
attached to this letter.
3.
Order of Precedence.:
The order of precedence for documents shall be delineated in the following order:
1) Letter of Concurrence
2) Negotiated Terms and Conditions, Revised August 14, 2024
3) Best and Final Price Page submitted by Grainger on May 31, 2024
4) Grainger’s response to City’s Intent to Negotiate/Best and Final Offer (BAFO)
5) City’s Intent to Negotiate/BAFO Request
6) Grainger’s response to City’s Request for Proposal (RFP) No. 240078
7) RFP No. 240078
This Letter of Concurrence is not an intent to award a contract and does not establish a contractual
relationship between the firm and the City.
Matthew Sage, NIGP-CPP, CPPB
Procurement Manager
(520) 837-4137
Matthew.Sage@tucsonaz.gov
255 W. Alameda, 6th Floor, Tucson, AZ 85701 | Business Services Department – Procurement
(520) 791-4217 | TTY (520) 791-2639
https://www.tucsonaz.gov/Departments/Business-Services-Department/Procurement
Please signify your concurrence by signing this document and returning to my attention via e-mail
at Matthew.Sage@tucsonaz.gov on or before Thursday, August 15, 2024, at 5:00 p.m. local
Arizona time. If you have any questions regarding this letter, please contact me via e-mail or via
my direct phone at (520) 837-4137.
Concurrence by W.W. Grainger, Inc.:
Concurrence by City of Tucson:
Authorized Signature
Date
Authorized Signature
Date
Printed Name
Printed Name
Sincerely,
Matthew Sage, NIGP-CPP, CPPB
Procurement Manager
Attachments:
City of Tucson and OMNIA Partners Negotiated Terms and Conditions, Revised
August 14, 2024, Price Page submitted by Grainger on May 31, 2024.
Sincerely,
uthorized Signature
.BUUIFX4BHF
8/15/2024
Ken White
C.
SCOPE OF WORK
C.1.A.7 WARRANTY
Offeror shall warrant that all equipment and parts furnished in their offer are newly
manufactured and free from defects for no less than one (1) year from the date the
equipment is delivered or if installation is required, installed. In all instances, the Warranty
period will begin no later than thirty (30) days following delivery of equipment or as
otherwise mutually agreed upon. Warranty shall also guarantee accepted trade standards
of quality, fitness for the intended uses, and conformance to specified specifications.
Para. for additional Grainger Warranty Terms and Conditions.
C.1.B.3 DEFECTIVE PRODUCT
All defective products shall be replaced and exchanged by the Contractor. The cost of
transportation, unpacking, inspection, re-packing, re- shipping or other like expenses shall
be paid by the Contractor. All replacement products must be received by the City within
seven (7) days of initial notification or a mutually agreed upon timeframe.
C.1.B.4 PRICING
Market Basket product Prices and category contract discounts shall remain firm and will
include all charges that may be incurred in fulfilling requirement(s) for the twelve- month
period following contract award. Where applicable, Contract pricing shall be determined
contract catalog list price, at time of purchase.
G.
SPECIAL TERMS AND CONDITIONS
G.2 FOB DESTINATION FREIGHT PREPAID
Prices shall be FOB Destination. Standard ground freight shipments paid by Contractor
on all catalog product orders to the delivery location designated. All other freight charges
imposed by freight carrier related to shipment of oversize, special handling, expedited or
hazmat product(s) are paid by City/Member. Contractor shall retain title and control of all
goods until they are delivered and the Contract of coverage has been completed. All risk
of transportation shall be the responsibility of the Contractor. All claims for visible or
concealed damage shall be filed by the Contractor. The City/Member will assist the
Contractor in arranging for inspection.
G.3
FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIREMENTS
Any contract awarded pursuant to this solicitation will contain the FTA Terms and
Conditions listed in the corresponding attachment titled, "FTA Terms, Conditions and
Certifications". Contractor shall be notified when federal funds will be used to procure
product under the terms of this Contract and shall be afforded a reasonable period of time
to assess whether Contractor can comply with federal terms applicable to the
procurement.
G.4 PRICE ADJUSTMENT
At least 60 (sixty) days before the end of the Contract first year and every subsequent
Contract anniversary, Contractor may submit to the Contract Officer a request for price
. Based on documented increased
Contractor costs, and the City may, at its discretion, make price adjustments, which will
take effect on the Contract anniversary date and shall apply during the course of the
subsequent Contract year. extension term. If Contract price adjustments are not
approved, Contractor may, at its sole discretion, remove product from its Contract Market
Basket offering.
I. STANDARD TERMS AND CONDITIONS
I.20 INDEMNIFICATION
To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors,
will indemnify, defend, and hold harmless the City and its officials, employees, volunteers,
and agents, from and against all third-party allegations, demands, proceedings, suits,
actions, claims (including but not limited to claims of patent, trademark, or copyright
infringement), liability, damages, losses, expenses (including but not limited to attorney
fees and court costs, including the cost of appellate proceedings, and all claim-adjusting-
and-handling expenses) or disbursements of any kind or nature, that may be asserted
against, imposed on, or incurred by any of them, in any way relating to or to the extent
arising from any actions, errors, mistakes or omissions of Contractor or any subcontractor
or anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable relating to work, services and/or products provided under this
Contract.
I.30 FINANCIAL RECORDS AND AUDITS
A. Financial Controls and Accounting Records. Contractor will exercise internal controls over all
financial transactions related to this Contract in accordance with sound fiscal policies.
Contractor will maintain books, records, documents, and other evidence directly pertinent to
the performance this Contract in accordance with generally accepted accounting principles
and practices consistently applied, and other local, state or federal regulations.
B. Retention Period. Contractor will maintain those records, together with related or supporting
documents and information, at all times during the term of this Contract and for a period of 3
years after its expiration or termination.
C. Audits. Upon written notice from City, Contractor will obtain and provide to City a contract-
specific or general financial audit. The notice from City will specify the period to be covered by
the audit, the type of audit and the deadline for completion and submission of the audit results
to City. The audit must be performed by a qualified, independent accounting firm or equally as
qualified Contractor internal audit resources
audit findings.
D. Access to Books and Records. The City and its authorized representatives may, with advance
written notice to Contractor, during the term of this Contract or thereafter during the above
retention period, inspect and audit Contractor's books and records that relate to its operations
under this Contract as well as those kept by or under the control of its agents, assigns,
successors and subcontractors. The Contractor will, at its expense, make such books and
records available for such inspection and audit duri
office, place of business, or other agreed-upon location, or will provide copies by mail or
electronically. The City may, as part of its examination, make copies of, or extracts from, all
such books and records (in whatever form they may be kept, whether written, electronic, or
other).
E. Result of Audit. If, as a result of such audit, Contractor is liable to the City for the payment of
any sum, Contractor will pay such sum to the City once Contractor is afforded a reasonable
amount of time to validate City audit findings. The City's audit rights will survive the expiration
or termination of this Contract.
F. Subcontractors and Assigns. Contractor will include these requirements in every agreement
with any agent, assign, successor, and subcontractor who provides construction, professional
design services, or other goods or services under this Contract.
OMNIA PARTNERS AGREEMENT
PPA ATTACHMENT F EXHIBIT A
SUBSECTION 1.4., AWARD BASIS., 2ND PARAGRAPH
All signed Supplemental Agreements and purchase orders issued and accepted by the
Supplier may survive expiration or termination of the Master Agreement. Participating
order is issued prior to the expiration of the Master Agreement. All Supplemental
Agreements may have a full potential term (any combination of initial and renewal
periods) not to exceed expiration or termination of the Master Agreement . Supplier is
responsible for reporting all sales and paying the applicable Administrative Fee for sales
that use the Master Agreement as the basis for the purchase order, provided the purchase
order was accepted by the Supplier prior to expiration or termination of the Master
Agreement.
SUBSECTION 1.5., OBJECTIVES OF COOPERATIVE PROGRAM
This RFP is intended to achieve the following objectives regarding availability through
A.
Provide a comprehensive competitively solicited and awarded national
agreement offering the Products covered by this solicitation to Participating
Public Agencies;
B.
market strategy to Public Agencies nationwide;
SECTION 2.0., REPRESENTATIONS AND COVENANTS, SUBSECTION
2.1., CORPORATE COMMITTMENT
Supplier commits that (1) the Master Agreement has received all necessary corporate
the Master Agreement will be promote
all Public Agencies, including any existing customers, and Supplier will transition existing
SECTION 2.0., REPRESENTATIONS AND COVENANTS, SUBSECTION
2.2, PRICING COMMITMENT
Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing
is its lowest available (net to buyer) to Participating Public Agencies, absent Participating
Agency pricing, discounts and incentives tailored to meet Participating Public Agency
customer MRO product and related service needs.
SECTION 2.0., REPRESENTATIONS AND COVENANTS, SUBSECTION
2.3., SALES COMMITMENT
Supplier commits to aggressively market the Master Agreement as one of its go to market
strategies in this defined sector and that its sales force will be trained, engaged and
committed to offering the Master Agreement to Public Agencies through OMNIA Partners
nationwide. Supplier commits that all Master Agreement sales will be accurately and
timely reported to OMNIA Partners in accordance with the OMNIA Partners
Administration Agreement. Supplier also commits its sales force will be compensated,
including sales incentives, for sales to Public Agencies under the Master Agreement in a
consistent or better manner compared to sales to Public Agencies if the Supplier were
not awarded the Master Agreement.
SECTION 3.0., SUPPLIER RESPONSE, SUBSECTION 3.3., A.i.,
MARKETING AND SALES
A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement
describing the strategy to immediately implement the Master Agreement as one of
nationwide, to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as one of the public
sector go-to-
SECTION 3.0., SUPPLIER RESPONSE, SUBSECTION 3.3., C.,
MARKETING AND SALES
the Master Agreement available nationally through OMNIA Partners.
SECTION 3.0., SUPPLIER RESPONSE, SUBSECTION 3.3., E.ii.,
MARKETING AND SALES
Public Agencies nationwide and the timely follow up to leads established by OMNIA
Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the
Sup
ii. Pricing, discounts, and incentives tailored to meet Participating Public Agency customer
MRO product and related service needs.
SECTION
3.0.,
SUPPLIER
RESPONSE,
SUBSECTION
3.3.,
J.
MARKETING AND SALES
percent of total prior year sale.
SECTION
3.0.,
SUPPLIER
RESPONSE,
SUBSECTION
3.3.,
L.,
MARKETING AND SALES
Provide the Contract Sales (as defined in Section 10 of the National Intergovernmental
Purchasing Alliance Company Administration Agreement) that Supplier will guarantee
each year under the Master Agreement for the initial three years of the Master Agreement
$ .00 in year one
$ .00 in year two
$ .00 in year three
Supplier does not guarantee minimum Contract Sales, but affirms it will perform in
SECTION 3.0., SUPPLIER RESPONSE, SUBSECTION 3.3., M.,
MARKETING AND SALES
Even though it is anticipated many Public Agencies will be able to utilize the Master
Agreement without further formal solicitation, there may be circumstances where Public
Agencies will issue their own solicitations. The following options are available when
responding to a solicitation for Products covered under the Master Agreement.
i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners).
ii. If competitive conditions require Supplier may respond with lower pricing through the
Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract
Sales to OMNIA Partners under the Master Agreement.
PPA ATTACHMENT F EXHIBIT C
MASTER INTERGOVERNMENTAL COOP PURCHASING AGREEMENT,
EXAMPLE; EXHIBIT C, SUBSECTION 8
The Procuring Party shall now use this Agreement as a method for obtaining additional
concessions or reduced prices for purchase of similar products or services outside of the
Master Agreement. Master Agreements may be structured with not-to-exceed pricing, in
which cases the Supplier may offer the Procuring Party and the Procuring Party may
accept lower pricing or additional concessions for purchase of Products through a Master
Agreement.
PPA ATTACHMENT F EXHIBIT F
EXHIBIT F., TO WHOM IT MAY CONCERN
Participating Agencies may elect to use federal funds to purchase under the Master
Agreement. Contractor shall be notified when federal funds will be used to procure
product under the terms of this Contract and shall be afforded a reasonable period of time
to assess whether Contractor can comply with federal terms applicable to the
procurement. This form should be completed and returned.
EXHIBIT F., SIGNATURE BLOCK
Offeror agrees to comply with all federal, state, and local laws, rules, regulations and
ordinances, as applicable. It is further acknowledged that offeror certifies compliance with
all provisions, laws, acts, regulations, etc. as specifically noted above, provided,
Contractor shall be notified when federal funds will be used to procure product under the
terms of this Contract and shall be afforded a reasonable period of time to assess whether
Contractor can comply with federal terms applicable to the procurement.
EXHIBIT F., SIGNATURE BLOCK FOLLOWING SUBSECTION 10.
CLEAN WATER STATE REVOLVING FUNDS
Offeror agrees to comply with all terms and conditions outlined in the FEMA Special
Conditions section of this, provided, Contractor shall be notified when federal funds will
be used to procure product under the terms of this Contract and shall be afforded a
reasonable period of time to assess whether Contractor can comply with federal terms
applicable to the procurement.
FTA TERMS AND CONDITIONS.PDF., PAGE 55-57/63
Certifications. Contractor shall be notified when federal funds will be used to procure
product under the terms of this Contract and shall be afforded a reasonable period of time
to assess whether Contractor can comply with federal terms applicable to the
procurement.
2.
Request
LETTER OF INTENT TO
NEGOTIATE
BUSINESS SERVICES DEPARTMENT SHARED SERVICES
PROCUREMENT
CITY HALL 255 W. ALAMEDA P.O. BOX 27210
TUCSON, AZ 85726-7210(520) 791-4217
FAX (520)
791-4735
TTY (520) 791-2639
www.tucsonprocurement.com
May 22, 2024
Sent this day via email: Ken.White@grainger.com
Ken White
National
Government
Sales
Manager
Grainger
100 Grainger Parkway
Lake Forest, IL 33544-7925
RE:
City of Tucson RFP #240078; Maintenance, Repair, and Operations (MRO) Supplies,
Parts, Equipment, and Materials
Intent to Negotiate
Dear Mr. White:
The City of Tucson has completed the evaluation of submittals received in response to the subject
solicitation. Based upon the recommendation of the evaluation committee, the City is inviting your
firm to enter negotiations. Specifically, the City requests the following:
1.
The City accepts the following terms and conditions from your Proposal / Letter of
Clarification and Exception:
a.
Request for Proposal, Section C., Scope of Work, Subsection C.1.B.3 Defective
Product.
b.
Request for Proposal, Section C., Scope of Work, Subsection C.1.B.4 Pricing.
c.
Request for Proposal, Section G., Special Terms and Conditions, Subsection G.3,
Federal Transit Administration (FTA) Requirements.
d.
Request for Proposal, Section G., Special Terms and Conditions, Subsection G.4,
Price Adjustment.
2.
At this time, the City requests additional clarification and justification on the following
exceptions, at this time, the City has not accepted the following:
a.
Request for Proposal, Section C., Scope of Work, Subsection C.1.A.7. Warranty.
b.
Request for Proposal, Section G., Scope of Work, Subsection G.2., FOB
Destination Freight Prepaid.
c.
Request for Proposal, Section I, Special Terms and Conditions, Subsection I.20.,
Indemnification.
d.
Request for Proposal, Section I., Special Terms and Conditions, Subsection I.30.E.,
Financial Records and Audits.
3.
The City will defer to Omnia Partners for Exceptions related to the PPA Attachment F
Exhibit A
Response for National Cooperative Contract.
4.
The City will defer to Omnia Partners for Exceptions related to the PPA Attachment F
Exhibit B
Administration Agreement, Example
5.
The City will defer to Omnia Partners for Exceptions related to the PPA Attachment F
LETTER OF INTENT TO
NEGOTIATE
BUSINESS SERVICES DEPARTMENT SHARED SERVICES
PROCUREMENT
CITY HALL 255 W. ALAMEDA P.O. BOX 27210
TUCSON, AZ 85726-7210(520) 791-4217
FAX (520)
791-4735
TTY (520) 791-2639
www.tucsonprocurement.com
Exhibit C
Master Intergovernmental Coop Purchasing Agreement, Example
6.
The City will defer to Omnia Partners for Exceptions related to the PPA Attachment F
Exhibit F
Federal Funds Certifications
7.
The City requests a Best and Final response to the Pricing. Please complete the attached
Price Page.
This Notice of Intent to Negotiate is not an intent to award a contract and does not establish a
contractual relationship between the firm and the City. In the event that the City is not able to
negotiate a satisfactory contract with the firm, the City will terminate negotiations.
Please submit a written response to my attention via e-mail to Matthew.Sage@tucsonaz.gov onor
before May 31, 2024, at 4:00 p.m. Please contact me via e-mail or at (520) 837-4081 with
questions regarding the items above.
Sincerely,
Matthew Sage, NIGP-CPP, CPPB
Procurement Manager
Business Services Department
Cc: Omnia Partners
Attachments: Three (3)
Grainger Exceptions
Exceptions Matrix
Best and Final Price Proposal
3.
240078
March 28, 2024
The City of Tucson
1
Maintenance Repair & Operations (MRO) Supplies, Parts,
Equipment, & Materials
City of Tucson
Maintenance Repair & Operations
(MRO) Supplies, Parts, Equipment
& Materials
REQUEST FOR PROPOSAL #240078
SUBMITTED BY:
Ken White
National Government Sales Manager
W.W. Grainger, Inc.
Ken.White@grainger.com
720-988-7669
March 28, 2024
CITY OF TUCSON
REQUEST FOR PROPOSAL
240078
MAINTENANCE REPAIR AND OPERATIONS (MRO) SUPPLIES,
PARTS, EQUIPMENT, AND MATERIALS
Due Date: Thursday, March 28, 2024
City of Tucson
255 W Alameda St
Tucson, AZ 85701
Procurement portal
https://secure.procurenow.com/portal/tucson-az
Public Portal https://secure.procurenow.com/portal/tucson-
az/projects/62080
PUBLISH DATE:
February 7, 2024
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 2 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
Attachments:
A - OFFER_AND_ACCEPTANCE_RFP
E - RFP 240078_Attachment E_OMNIA_Final
G - FTA TERMS AND CONDITIONS
H - 240078, Attachment H, Price Page
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 3 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
A.
A.1. CITY OF TUCSON
NOTICE OF REQUEST FOR PROPOSAL NO 240078
TITLE: Maintenance Repair and Operations (MRO) Supplies, Parts, Equipment, and Materials
SUBMITTAL DUE DATE: Thursday, March 28, 2024 AT 2:00 P.M. LOCAL AZ TIME
PRE-SUBMITTAL CONFERENCE DATE: Tuesday, February 20, 2024
TIME: 10:00 am LOCAL AZ TIME
LOCATION: MICROSOFT TEAMS VIRTUAL MEETING
Meeting
ID: 245
258
888
266
Passcode: S5V3ke
Or call in (audio only)
+1 213-293-2303,,535442474# United States, Los Angeles
Phone Conference ID: 535 442 474#
QUESTIONS
SHALL
BE
DIRECTED
TO:
Matthew
Sage
(520)
837-4081
matthew.sage@tucsonaz.gov
Posted Date: Wednesday, February 7, 2024
Competitive sealed offers for the material or service specified in this solicitation must be submitted
ine bidding system. No late submitted offer will be accepted or considered.
Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are
cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated
delays resulting from things like a slow internet connection, internet outage, difficulty uploading large
documents, differing system requirements, etc.
Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 4 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
B.
B.1. Summary
The City of Tucson is requesting proposals from qualified and experienced firms to provide
MAINTENANCE, REPAIR AND OPERATIONS (MRO) SUPPLIES, PARTS, EQUIPMENT,
MATERIALS AND RELATED SERVICES. The City of Tucson requires a contractor who provides a
diverse and extensive supply of MRO products and services for delivery to various locations in the
Tucson metropolitan area and for pickup at local storefronts.
Requirements and qualifications are defined in detail in the Scope of Services Section of this Request
for Proposal (RFP). The City seeks a firm that can supply the specified services, supplies, parts,
equipment and materials and related services.
B.2. Contact Information
Matthew Sage
Procurement Manager
Email: matthew.sage@tucsonaz.gov
Phone: (520) 837-4081
Department:
Business Services
B.3. Timeline
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 5 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
Release Project Date
February 7, 2024
Pre-Proposal Meeting (Mandatory)
February 20, 2024,
10:00amhttps://teams.microsoft.com/l/meetup-
join/19%3ameeting_ODc2OWYzYmQtZGIyNi0
0YWY2LTljMjYtYTMyZWY1NjhhYjA2%40threa
d.v2/0?context=%7b%22Tid%22%3a%22d21e
59ec-c208-43eb-aaf1-
cf06d9a196e0%22%2c%22Oid%22%3a%221d
ce1b86-387e-4e62-b197-
798ed1fc7c55%22%7d
Question Submission Deadline
March 7, 2024, 4:00pm
Proposal Submission Deadline
March 28, 2024, 2:00pm
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 6 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
C.
C.1. General Requirements
A. GENERAL REQUIREMENTS
1. QUALIFIED FIRMS: Offerors should meet the minimum qualifications:
a. Have a strong national presence in the MRO supply industry.
b. Have a distribution model capable of delivering products nationwide.
c. Have a demonstrated sales presence.
d. Be able to meet the minimum requirements of the cooperative purchasing program
detailed herein.
e. Be able to provide the full range of products, equipment, parts, materials and services to
meet the demands of the City and all agencies that opt to participate in the cooperative
purchasing program with the City.
2. USAGE REPORT: The Contractor shall provide an electronic copy of a usage report upon
request to the Agency Department of Procurement. The report shall provide complete
information on the items purchased under this Contract. The Contractor should be able to
provide a usage report by department. At a minimum for each item sold, the report should
list the manufacturer name, model number, part number, item description, quantity sold,
and total spend by department, division, ordering entity, etc.
3. EQUIPMENT/RECALL NOTICES: In the event of any recall notice, technical service
bulletin, or other important notification affecting equipment purchased from this contract, a
notice shall be sent to the Contract Representative. It shall be the responsibility of the
contractors to assure that all recall notices are sent directly to the agencies Contract
Representative.
4. WAREHOUSING, DISTRIBUTION AND SALES FACILITIES: The product specified in this
solicitation is dependent upon an extensive manufacturer-to-customer supply chain
distribution system. To be considered for award, each potential contractor is required to
provide proof of an extensive distribution system.
5. DELIVERY: For City of Tucson purchases, MRO supplies shall be delivered to various City
of Tucson stores locations and non-stores locations. All deliveries shall be made Monday
through Friday from 8:00 a.m. to 3:00 p.m., Arizona Standard Time.
6. CATALOGS: Within 10 days after contract award, Contractor must submit complete price
lists and catalogs of their product line in hard copy or on CD. Upon request from a using
agency, Contractor shall provide, at no cost, these catalogs and price lists. An accessible
public website that contains a downloadable catalog and price list or an interactive web
catalog and price list maybe provided in lieu of the above hard copy requirement.
7. WARRANTY: Offeror shall warrant that all equipment and parts furnished in their offer are
newly manufactured and free from defects in material and workmanship for no less than
one (1) year from the date the equipment is delivered or installed. Warranty shall also
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 7 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
guarantee accepted trade standards of quality, fitness for the intended uses, and
conformance to promises or specified specifications. No other express or implied warranty
shall
B. PRODUCT REQUIREMENTS:
1. PRODUCTS: A complete and comprehensive line of quality made MRO supplies to support
the daily maintenance, repair and operations functions of the agency. The categories
include but are not limited to the following.
a. Motors and Power Transmission- General, Definite Purpose and HVAC motors, gear
motors, bearings, V-belts and accessories.
b. Electrical Supplies Distribution, controls, wire, cable, voice & data and supplies.
c. Lighting Lamps, ballasts, fixtures, task lighting, flashlights and batteries.
d. Tools Hand, power, outdoor and automotive tools and tool storage.
e. Measuring Tools & Test Instruments Calipers, gauges, inspection, micrometers and
multimeters.
f. Pneumatic Pneumatic tools and system components, air compressors and
hydraulics.
g. Machining and Cutting Tools Drill bits, taps, dies, blades, counterbores,
countersinks and abrasives.
h. Material Handling, Storage and Packaging Ladders, hoists, shelving, storage,
furniture, packaging, casters, cart, trucks and drums.
i. Welding Welding equipment and supplies.
j. Fasteners and Adhesives Nuts, bolts, washers, screws, hooks, flat stock, raw
materials (metal, rubber, plastic), glue and cement.
k. Lubricants, Sealants and Paint - Grease, oil, penetrates sealants, caulk and paint.
l. Safety and Security Supplies Spill containment, storage, fire protection, person
protective equipment, instrumentation, signs, labels, tags and security.
m. Cleaning Equipment and Supplies Chemicals, equipment, restroom, paper, waste
containers, cleaning.
n. HVAC Supplies Controls, heaters, air conditioning, air treatment, fans, ventilators and
blowers.
o. Pumps and Plumbing Submersible, centrifugal, water system and positive
displacement pumps, pipe, valves, fittings, heaters, coolers, filtration and faucets.
p. Emergency Preparedness Sandbags, first-aid supplies, disaster recovery products
etc.
q. Other Categories
2. CURRENT PRODUCTS: All products being offered in response to this solicitation shall be
in current and ongoing production; shall be formally announced for general marketing
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 8 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
purposes; shall be a model or type currently functioning in a user (paying customer)
environment and capable of meeting or exceeding all specifications and requirements set
forth in this solicitation.
3. DEFECTIVE PRODUCT: All defective products shall be replaced and exchanged by the
Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or
other like expenses shall be paid by the Contractor. All replacement products must be
received by the City within seven (7) days of initial notification.
4. PRICING: Prices/discounts shall remain firm and will include all charges that may be
incurred in fulfilling requirement(s) for the twelve-month period following contract award.
Where applicable, pricing shall be determined by applying Offerors discounts to the prices
listed on their
reduced net pricing schedule.
5. SALES PROMOTIONS: In addition to decreasing prices for the balance of the Contract
term due to a change in market conditions, a Contractor may conduct sales promotions
involving price reductions for a specified lesser period. Contractor offer Participating Public
Agencies competitive pricing which is lower than the not-to-exceed price set forth herein at
any time during the Contract term and such lower pricing shall not be applied as a global
price reduction under the Contract.
6. COMPLETE PRODUCT OFFERING/BALANCE OF LINE: Each Contractor awarded an
item under this solicitation may offer their complete product and service offering/balance of
line.
C. SERVICE REQUIREMENTS: The City is interested in evaluating the following categories of
value-add services for inclusion in this contract. The categories include, but are not limited to,
the following.
1. Sourcing:
a. from non-catalog suppliers,
b. of line card extensions of catalog suppliers,
c. for custom products, and
d. or OEM repair parts and accessories.
2. Software Punch Out: The capability of your electronic ordering system to interface with an
agencies inventory software system.
3. Installation, Repair, Maintenance and Turn-Key Solutions and Services: The ability to
provide installation, repair, maintenance and turn-key solutions and services through
4. Inventory Solutions: Provide inventory management solutions for stock rooms,
warehouses, mobile service vehicles, emergency preparedness supplies, and supply
vending machines.
5. Small Business Program: The ability to incorporate small business enterprises into your
distribution, sales and product offerings.
6. Green/Sustainability Program:
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 9 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
a. Policies: Efforts and policies pertaining to green and sustainability.
b. Products: Impact on product offerings.
c. Distribution: Impact in distribution.
d. Recycling of Lamps: The ability to recycle lighting and electronic products.
e. Lighting and Energy Audits: The ability to perform lighting and energy audits.
f. Certifications: The industry recognized certifications and standards obtained.
7. Training & Education: The ability to provide on-site and/or online training and educational
programs/seminars.
8. Customer Support Services: The policies on replacements, returns, restocking charges,
after hours service, after sales support, out of stock, order tracing, technical feedback,
quality assurance for orders and drop shipments.
9. Consulting Services: Consulting and analysis of above listed services and solutions, as
well as other value-add services not included above.
10. Other Services: Other value-add services not included in above categories.
C.2. National Cooperative Contract - OMNIA Partners
The City of Tucson, AZ, as the Principal Procurement Agency, defined in ATTACHMENT E, has
partnered with OMN
available to other public agencies nationally, including state and local governmental entities, public and
private primary, secondary and higher education entities, non-profit entities, and agencies for the public
Tucson, AZ is acting as the contracting agency for any other Public Agency that elects to utilize the
resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their
using the Master Agreement,
any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether
pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of
which is attached hereto on ATTACHMENT E, or as otherwise agreed to. ATTACHMENT E contains
additional information about OMNIA Partners and the cooperative purchasing program.
OMNIA Partners is the largest and most experienced purchasing organization for public and private
sector procurement. Through the economies of scale created by OMNIA Partners public sector
subsidiaries and affiliates, National IPA and U.S. Communities, our participants now have access to
more competitively solicited and publicly awarded cooperative agreements. The lead agency
contracting process continues to be the foundation on which we are founded. OMNIA Partners is proud
to offer more value and resources to state and local government, higher education, K-12 education and
non-profits.
OMNIA Partners provides shared services and supply chain optimization to government, education and
Partners provides marketing and administrative support for the Contractor that directly promotes the
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 10 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
Participating Public Agencies benefit from pricing based on aggregate spend and the convenience of
contract that generally allows Participating Public Agencies to directly purchase goods and services
without the Su
must be able to accommodate a nationwide demand for services and to fulfill obligations as a
nationwide Contractor and respond to the OMNIA Partners documents (ATTACHMENT E).
Although the scope of work reflects the needs and requirements of the City of Tucson, OMNIA Partners
Participating Agencies may have different requirements. The awarded vendor will have the ability to
offer their comprehensive product line nationally. Participants may elect to negotiate certain terms to
conform to their purchasing and contracting requirements.
The City of Tucson anticipates spending approximately $4 million over the full potential Master
Agreement term for MRO Supplies and Related Services. While no minimum volume is guaranteed to
the Contractor, the estimated annual volume of MRO Supplies and Related Services purchased under
the Master Agreement through OMNIA Partners Public Sector is approximately $250 million. This
projection is based on the current annual volumes among the City of Tucson, other Participating Public
Agencies anticipated to utilize the resulting Master Agreement to be made available to them through
OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing
approach between the Contractor and OMNIA Partners.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 11 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
D.
D.1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION
For purposes of this solicitation and any subsequent contract, the following terms have the meanings
set
forth
below:
City:The City of Tucson, Arizona
Contract:The legal agreement(s) executed between City and the Successful Offeror(s). The Contract
will be deemed to include all the conditions and requirements set forth in this solicitation and any
Addenda to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions,
and all the terms of the Offer submitted by Offeror as finally negotiated and accepted by the City.
Contractor/Consultant:A Successful Offeror that enters into a Contract with the City.
Contract Representative:The City employee or employees who have been designated to act as the
City contact for this solicitation process and who are responsible for monitoring and overseeing the
Contractor's performance under the Contract.
Business Services Director:The contracting authority for the City, authorized to sign contracts and
addenda thereto on behalf of the City.
May: Indicates something that is not mandatory but permissible.
May not:The indicated party is prohibited from taking the action.
Must: The action or condition is required.
Offer:Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in
response to this Solicitation.
Offeror: Each individual or entity that submits an Offer in response to this solicitation.
Successful Offeror: An Offeror who received a Notice of Award or a Notice of Intent to Award from
the City.
Will:The indicated party is promising to take the action or abide by the condition.
D.2. PRE-SUBMITTAL MEETING
A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation,
if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes
and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose
of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding
of the City's position.
D.3. INQUIRIES
Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal
Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding
system, to the Contract Officer by the Question Submission Deadline. The email must refer to the
solicitation number and the paragraph number of the provision that the question concerns. The Contract
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 12 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation
addendum or response through the question and answer portal in the online bidding system. Offeror
may not rely on oral interpretations or clarifications about the solicitation; only questions answered in
an email by the Contract Officer, posted through the online bidding system, or posted as a formal
solicitation addendum will be binding.
D.4. ADDENDUM OF SOLICITATION
for checking the webpage regularly for new solicitation addenda and must acknowledge each
addendum to this solicitation in its submittal. Please note that vendors who have registered with the
Business Services Department at https://procurement.opengov.com/portalucson-az and follow the City
of Tucson will receive email notifications of solicitation addenda.
D.5. UNDERSTANDING SCOPE OF WORK
Before submitting an Offer to this solicitation, Offeror must familiarize itself with the Scope of Work,
laws, regulations, physical conditions, and other factors affecting the obligations
including the
expense and difficulty of fulfilling those obligations that Offeror will have under the Contract if awarded
failure to fully understand or appreciate the Contract requirements or other factors affecting Contract
performance.
D.6. PREPARATION OF OFFER
A. Form and Orga
be on those forms. Supporting documentation must be arranged in a manner that follows and
clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal
forms in order to complete them electronically but may not alter or rearrange them or change
any paragraph designations.
B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as
confidential must be clearl
C.
any Offer forms provided must be completed and any requested supporting documentation
must be attached.
D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance
page. Any cover letter accompanying the proposal documents must be signed. Offeror must
initial each erasure, interlineation or other modification in the submittal. The person signing and
initialing on behalf of Offeror must be a person authorized to legally bind Offeror.
E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.
F. Time Periods. Periods of time, stated as a number of days, will be calendar days unless
specifically stated otherwise.
G. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or
withdraw its submittal after the Submittal Deadline.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 13 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting,
submitting or providing any response to this solicitation.
I.
Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the
performance of the Contract if they are awarded the Contract and must describe their
qualifications in detail.
J. Incomplete Information. Failure to include all requested information may have a negative
D.7. PAYMENT DISCOUNTS
Payment discount periods shall be computed from the date of receipt of the material/service or correct
charges are itemized, any discount provided shall be taken on full amount of invoice. Payment
discounts of twenty-one calendar days or more shall be deducted from the proposed price in
determining the price points. However, the City shall be entitled to take advantage of any payment
discount offered by a vendor provided payment is made within the discount period. The payment
discount shall apply to all purchases and to all payment methods.
D.8. TAXES
The City is exempt from federal excise tax, including the federal transportation tax, but is not exempt
from any other taxes, including state and local sales and excise taxes.
D.9. EXCEPTIONS TO CONTRACT PROVISIONS
By submitting an offer in response to this solicitation, Offeror is offering to enter into the Contract with
the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its Offer, clearly
identify the changes it is requesting. No requested modification will be deemed accepted by the City
D.10. PUBLIC RECORD
Any documents submitted by Offeror in response to this solicitation will become the property of the City.
Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be
a public record available for review by the public after the award notification.
D.11. CONFIDENTIAL INFORMATION
The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If
Offeror believes that any portion of its Offer, specification, protest or correspondence contains
information that is confidential and subject to being withheld from disclosure in the event that the City
receives a public records request to which the record is responsive, Offeror must, when the record is
submitted, provide the Contract Officer written notification of that fact. The records or portions of records
face. Pricing will not be treated as confidential.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 14 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
If the City, after award notification, receives a public-records request the scope of which includes a
document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written
determination regarding whether the document will be provided to the requestor. If the Contract Officer
determines that the document should be released, City will notify Offeror in writing. Unless Offeror,
within 10 days after the date of that notice, obtains and provides to City an order from a court of
competent jurisdiction prohibiting the City from releasing the documents, the City may release the
documents without any liability to Offeror.
D.12. WHEN AND HOW TO SUBMIT OFFERS
In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit its Offer
electronically through t
https://procurement.opengov.com/portalucson-
az.
BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED
DEADLINE WILL NOT BE CONSIDERED.
D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST
Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with
any City staff outside the Procurement Division of the Business Services Department, regarding this
Solicitation. By submitting an Offer, Offeror warrants that:
A. Preparation and submission of the submittal did not involve collusion or other anti-competitive
practices.
B. Offeror 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, meal or service
to a public servant in connection with this solicitation.
C. No person has been employed or retained to solicit or secure a Contract under this solicitation
upon a promise of a commission, percentage, brokerage, or contingent fee.
D. No employee of the City involved in this Solicitation process, or any family member of such an
Tucson Mayor and Council who has, or whose family member has, any substantial financial
assigned in A.R.S. § 38-502
The City may disqualify Offeror from further participation in the solicitation process if the City determines
that any City employee or official involved in this Solicitation process has an actual or apparent conflict
of interest or if Offeror has engaged in any collusion or anti-competitive practices.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 15 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
D.14. WITHDRAWAL OF OFFER; BINDING OFFER
By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with
the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.
Telephonic or oral withdrawals are not effective.
the Director of the Business Services Department consents in writing to the withdrawal. The Offer will
be irrevocable for 90 days after the Offer Submittal Deadline.
D.15. DISCUSSIONS
The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor
irregularities, informalities, or a
and assure full understanding of, and responsiveness to, solicitation requirements.
D.16. VENDOR REGISTRATION; BUSINESS LICENSE
In order to be eligible for award of a Contract, Offeror must:
https://procurement.opengov.com/portalucson-az.
B. Obtain a City of Tucson Business License or a written determination from the City's Business License
Section that a license is not required. For questions contact the City's Business License Section at
(520) 791-4566 or email at license@tucsonaz.gov
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 16 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
E.
E.1. PROPOSAL EVALUATION CRITERIA
(listed in relative order of
importance)
A. Method of Approach
B. Price Proposal
C. Qualifications & Experience
E.2. INTERVIEWS
The City may interview some or all of the offerors at any point during the evaluation process. If
interviews are conducted, information provided during the interview process will be taken into
consideration in the evaluation process. The City will not reimburse the Offeror for any costs Offeror
incurs during its participation in the interview process.
E.3. ADDITIONAL INVESTIGATIONS
The City may undertake any additional investigations it deems appropriate to evaluate the competence
and financial stability of any offeror.
E.4. OTHER INFORMATION
Information that evaluation committee members have about an offeror beyond what is provided in the
E.5. PRICE
A. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson
Procurement Code, the City will include the amount of all business privilege taxes other than
B. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar
However, the City may take advantage of any early- or timely-payment discounts offered by a
vendor. Any proposed payment discount will apply to all purchases and to all payment
methods
E.6.
Notwithstanding any other provision of this solicitation, the City may:
A. Waive any immaterial defect or informality; or
B. Reject any or all submittals, or portions thereof; or
C. Reissue the solicitation.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 17 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
E.7. CONTRACT NEGOTIATIONS
conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not
disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent
negotiations do not constitute a contract award and do not confer any rights to the offerors participating
in such negotiations. In the event the City deems that negotiations are not progressing, the City may
formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the
next most qualified firm(s).
E.8. AWARD OF CONTRACT
A Contract is created when, and only when, it is formally awarded, which occurs when the Business
submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.
The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a
Notice of Intent to Award from the City, must sign and file with the City, within ten (10) days after receipt
of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does
not create a contract. Only a subsequent formal award, as described above, creates a Contract.
E.9. MULTIPLE AWARDS
The City, at its sole discretion, may award multiple Contracts.
E.10. SUBMITTAL RESULTS
After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on
https://procurement.opengov.com/portalucson-
az/contracts
E.11. PROTESTS
Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either
this solicitation or the award of a Contract under this solicitation. A protest based on alleged
improprieties in this solicitation must be filed no later than five (5) working days before the Proposal
Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar
days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after
the City issues a Notice of Award.
A protest must be made in writing and filed with the Contract Officer. It must include:
A. The name, address, and telephone number of the protestant;
B. The signature of the protestant or its representative;
C. The solicitation or Contract number;
D. A detailed statement of the legal and factual grounds for the protest along with copies of all
relevant documents; and
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 18 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
E. The form of relief requested.
March 28, 2024
The City of Tucson
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Maintenance Repair & Operations (MRO) Supplies, Parts,
Equipment, & Materials
Contents: Evaluation Criteria
Executive Summary.................................................................................................................3
1. Method of Approach ............................................................................................................6
a.
Method of Approach .....................................................................................................................6
1.
Product.......................................................................................................................................6
2.
Services ...................................................................................................................................15
3.
Ordering & Invoices .................................................................................................................34
4.
Other/Value Add ......................................................................................................................40
2. Price Proposal....................................................................................................................43
A.
Price Proposal.............................................................................................................................43
3. Qualifications & Experience..............................................................................................47
A.
Qualifications and Experience ....................................................................................................47
1.
Company History .....................................................................................................................47
2.
3-Year Annual Sales................................................................................................................47
3.
Experience and National Presence .........................................................................................47
4.
Total Number & Locations of Salespersons ............................................................................48
5.
Number & Location of Support Centers...................................................................................49
6.
Team Member Qualifications...................................................................................................49
7.
Key Personnel..........................................................................................................................50
8.
Experience & References ........................................................................................................50
9.
Additional Information ..............................................................................................................51
Appendix.................................................................................................................................54
CONFIDENTIALITY
Information contained in this proposal is owned by W.W. Grainger, Inc.(“Grainger”). Sections annotated as “CONFIDENTIAL” are
Confidential and Proprietary, Trade Secret protected . The contents of this proposal are solely intended for use by the City of
Tucson / OMNIA Partners or Members to assist in the evaluation of Grainger’s proposal and subsequent ordering of products
from Grainger and may not be disclosed to any person not an employee of the City of Tucson / OMNIA Partners and Members
without the prior written consent of Grainger.
This proposal will remain valid for 90 days from date of submission. After 90 days, if the offer is not accepted as stated, Grainger
reserves the right to rescind or adjust this offer with no obligation to the City of Tucson / OMNIA Partners or Members.
If Grainger experiences a material increase in its cost to supply any Catalog Product as a result of, among other things, changes
in laws or regulations, impositions of tariffs, increases in commodity prices, extraordinary events (e.g., COVID-19 pandemic) that
significantly impact the global supply chain, or other changes in conditions not reasonably foreseeable to Grainger and following
notice to the City of Tucson / OMNIA Partners, Grainger reserves the right to revise proposal prices.
March 28, 2024
The City of Tucson
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Maintenance Repair & Operations (MRO) Supplies, Parts,
Equipment, & Materials
Executive Summary
March 28, 2024
Mr. Matthew Sage
Procurement Manager
City of Tucson
Business Services Department
Shared Services Procurement Division
255 W, Alameda, 6th Floor
Tucson, AZ 85701
Re: Response of W.W. Grainger, Inc. to Request for Proposal 240078, Maintenance, Repair and
Operations (MRO) Supplies, Parts, Equipment, and Materials
Dear Mr. Sage:
On behalf of W.W. Grainger, Inc.’s (Grainger), we value the opportunity to provide our response to
Request for Proposal (RFP) 240078 addressing Maintenance, Repair, and Operations (MRO) Supplies,
Parts, Equipment and Materials. Over the past thirteen years, we have been privileged to partner with
the City of Tucson, OMNIA Partners, and OMNIA Members in helping keep citizens and employees
safe and facilities well-maintained.
Global Overview
Founded in 1927, Grainger is North America’s largest MRO distributor. We are a leading broad line
distributor of Maintenance, Repair, and Operating products and services determined to Keep the World
Working® through innovative technology solutions and deep customer relationships.
In 2023, our go-to-market models allow us to serve the varying needs of our diverse customer base as
we generated $16.5B in total company revenue. We achieved this by serving more than 4.5M active
customers, with more than 26K team members, over 30M products offered globally, and with 34 total
distribution centers in our entire network.
Grainger’s Work with the City of Tucson and OMNIA Partners
In the intensely competitive MRO sector, the City of Tucson OMNIA Partners agreement grew from
approximately 6,476 participating Members in 2021 to 7,491 Members in 2023. Over the same
period, the MRO agreement’s annual spend increased from $196.8M to $258M. A continuing trend is
growth in local government participation. Of particular note, the City of Fort Worth and the Denver
Housing Authority are Members who joined City of Tucson OMNIA Partners during the agreement’s
term.
Grainger leverages its deep Government knowledge to curate offers that represent the most critical
products, services, and data analytics to anticipate the needs of your agencies. From the planned
preventive maintenance programs within Public Works, to the unexpected consequences of natural
disasters, Grainger’s technical expertise, product breath, and supply chain resiliency will support your
comprehensive needs.
Grainger is also prepared to support the business continuity and integrity of the City’s infrastructure,
data, and procurement processes. Our investments in ethics and compliance training, cybersecurity,
and contract life-cycle management make Grainger the best choice to meet the evolving business
challenges facing MRO acquisition.
March 28, 2024
The City of Tucson
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Maintenance Repair & Operations (MRO) Supplies, Parts,
Equipment, & Materials
Global Scale with Localized Support
In North America, we have nearly 2M available products that we bring to market with approximately 4K
sales representatives that we couple with digital solutions, to drive deep customer relationships. We
offer both digital and physical channels to service customers based on a wide range of preferences.
Digital Channels: Our Grainger.com website is the 11th largest eRetail site in North America
and offers curated product information and search. We also offer integrated software for
customers with a more complex procurement processes. And when inventory management is a
need, we offer our full suite of solutions that include, Customer Managed Inventory (CMI),
Vendor Managed Inventory (VMI), Vending Machines, On-Site Branches/Stores, and
Consignment.
Physical Channels: For those customers who need to call or stop by and talk with a product
expert, we offer Phone and Branch/Store service channels. Our team members offer strong
technical knowledge across a wide range of product categories and are always ready to serve
MRO customers in need.
Our industry leading fulfillment capabilities across North America, further set up apart from the
competition and can be thought of in two ways:
Direct-To-Customer: 14 distribution centers and our KeepStock Inventory Management
solutions bring products to our customers.
Physical Pickup: we offer 250 branches/stores when customers need same day will call
service; each branch/store is outfitted with thousands of items, curated to meet local market
needs and serve as hundreds of mini distribution centers to further serve customers.
When customers are looking for a partner that reliably delivers during their time of need, they often
choose Grainger. Whether it is a large, complex customer like the Federal Government, in need of a
multi-channel, end-to-end MRO partner, or relatively smaller, less complex customer like a local fire
department looking for a one-stop, online platform, Grainger earns the repeat trust of customers for two
key reasons:
Our reputation for best- in- class customer experience: we have what MRO customers
need, we make it easy to find, we get it to customers fast and accurately, and we make it easy
to receive, pay, and if necessary, return or exchange.
Our reputation for offering tangible value: we aim to know our customer’s business, simplify
the procurement and purchasing process, deliver and document tangible cost savings, and help
customers reduce tying up cash and space in on-hand inventory.
Pricing and Incentives
March 28, 2024
The City of Tucson
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Maintenance Repair & Operations (MRO) Supplies, Parts,
Equipment, & Materials
***
Our work supporting the City of Tucson and OMNIA Partners is the highest of priorities. Grainger will
continue to serve to understand the mission and challenges of each City of Tucson Departments and
Agencies and replicate that commitment across all OMNIA Members.
Thank you for considering our proposal.
Respectfully,
Ken White
Ken White
National Government Sales Manager
W.W. Grainger, Inc.
Ken.White@grainger.com
720.988.7669
March 28, 2024
The City of Tucson
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Maintenance Repair & Operations (MRO) Supplies, Parts,
Equipment, & Materials
1. Method of Approach
a.
Method of Approach
1.
Provide A Response to The National Program
a.
Include a detailed response to Attachment F, Exhibit A, OMNIA Partners Response for National
Cooperative contract. Responses should highlight experience, demonstrate a strong national
presence, describe how offeror will educate its national sales force about the contract, describe
how products and services will be distributed nationwide, include a plan for marketing the
products and services nationwide, and describe how volume will be tracked and reported to
OMNIA Partners.
Grainger has completed a response to Attachment F, Exhibit A
b.
The successful offeror will be required to sign Attachment F, Exhibit B, OMNIA Partners
Administration Agreement. Offerors should have any reviews required to sign the document
prior to submitting a response. Offeror’s response should include any proposed exceptions to
the OMNIA Partners Administration Agreement.
Grainger has reviewed Attachment F, Exhibit B, OMNIA Partners Administration Agreement.
Proposed exceptions have been provided.
c.
The successful offeror will be required to fill out Exhibit F – Federal Funds Certification and
Exhibit G – New Jersey Business Compliance as part of the response.
Grainger has completed Attachment F – Federal Funds Certification and Exhibit G – New
Jersey Business Compliance as part of the response.
d.
Describe and provide an example of any additional agreements that may be required for
Participating Public Agencies.
Please see Section 3 Services for new participating public agency affiliation guidance.
1.
PRODUCT
“Entire Section is Confidential”
March 28, 2024
The City of Tucson
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Maintenance Repair & Operations (MRO) Supplies, Parts,
Equipment, & Materials
The Table below presents Grainger’s categories and the number of SKUs
responding to those categories referenced in the RFP Scope of Work, Product
Requirements at RFP, page 7. Additional categories are also provided. This
presentation is based on Grainger’s category hierarchy and subcategory
description. Note that some Grainger categories overlap with those enumerated in
the RFP.
ii.
Identification and description of subcategories
Based on Grainger’s category hierarchy and subcategory description, presented in
the chart below are subcategories for each required category listed in the RFP.
Note that the key subcategories listed are representative and not inclusive of the
March 28, 2024
The City of Tucson
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Maintenance Repair & Operations (MRO) Supplies, Parts,
Equipment, & Materials
entire available subcategories.
iii.
Identification and description of manufacturers within each sub-category
Grainger has over 5,000 manufacturers and suppliers, noted below across our
categories,
Motors & Power
Transmission
25 Subcategories
~ 81 Manufacturers
- General
- Definite Purpose
- HVAC Motors
- Gear Motors
- Bearings
- V-Belts & Accessories
- Sheaves & Pulleys
- Shaft Couplings, Collars & Universal
Joints
- Power Transmission Belts
- Speed Controls
- Contitech, Inc.
- Dayton
- SKF
- TB Woods
- Century
- Titan
- WEG
- Trane
- Baldor Electric
- Marathon Motors
Electrical Supplies
35 Subcategories
~ 240 Mfr. / Suppliers
- Distribution
- Controls
- Wire
- Cable
- Voice & Data Supplies
- Switches
- Starters & Contactors
- Fuses, Relays, Plugs, & Receptacles
- Wire Management & Connectors
- Extension Cords & Outlet Strips
- Buyers Products
- Bussman
- Hubbell
- Power First
- Panduit
- Square D
- GE
- Schneider
- Southwire
- Raco
Lighting
17 Subcategories
~ 108 Manufacturers
- Lamps
- Ballasts
- Fixtures
- Task Lighting
- Flashlights & Batteries
- Lighting Controls & Control Systems
- Bulb & Lamp Recycling
- Emergency Lighting & Exit Signs
- Indoor LED Light Fixtures
- Job Site Lighting
- Current powered by GE
- Philips
- Streamlight
- Lithonia Lighting
- Advance
- Lutron
- Southwire
- Procell
- Maxlite
- Energizer
Tools
50 Subcategories
~ 286 Manufacturers
- Hand Tools
- Power Tools
- Outdoor Tools
- Automotive Tools
- Tool Storage
- Hammers & Striking Tools
- Plumbing Tools
- Demolition Tools & Equipmemt
- Finishing Tools
- Electrical Tools
- Proto
- Westward
- Milwaukee
- Channellock
- Rigid
- DeWALT
- Greenlee
- Makita
- Porter Cable
- ECHO
Measuring Tools
& Test
Instruments
28 Subcategories
~ 150 Manufacturers
- Calipers
- Gauges
- Inspection
- Micrometers
- Multimeters
- Pressure & Vacuum Measuring
- Electrical Power Testing
- Temperature & Humidity Measuring
- Nonelectrical Properties Testing
- Data Recording
- Stanley
- Westward
- Starrett
- Klein Tools
- Mitutoyo
- Ashcroft
- Fluke
- FLIR
- Extech
- Triplett
Pneumatics
13 Subcategories
~ 117 Manufacturers
- Pneumatic Tool & System
Components
- Air Compressors
- Hydraulics
- Pneumatic Hose Fittings &
Couplings
- Compressed Air Treatment
- Hydraulic Hose Fittings & Couplings
- Hydraulic Filtration
- Hydraulic Valves
- Hydraulic Hoses
- Distribution Equipment
- Dyna-Con
- Speedaire
- Bostitch
- Ingersoll Rand
- Chicago Pneumatic
- Parker
- Aeroquip
- Enerpac
- Greenlee
Machining &
Cutting Tools
69 Subcategories
~ 170 Manufacturers
- Drill Bits
- Taps & Dies
- Blades
- Counterbores & Countersinks
- Abrasives
- Threading
- Milling
- Sanding Disks & Kits
- Cut-Off & Grinding Wheels
- Sanding Belts & Kits
- Chicago-Latrobe
- CLE-Line
- Cleveland
- Widia
- Greenlee
- Dykem
- Irwin
- Dewalt
- Norton
- 3M
Material Handling,
Storage &
Packaging
62 Subcategories
~430 Manufacturers
- Ladders
- Hoists
- Shelving
- Strorage
- Furniture
- Packaging
- Casters
- Carts & Trucks
- Drums
- Pallet Jacks
- Werner
- Cotterman
- Bil-Jax
- Albion
- Shepherd Caster
- Husky
- Tennesco
- Eagle
- Rubbermaid
- Metro
Welding
24 Subcategories
~ 70 Manufacturers
- Welding Equipment & Supplies
- Filler Metals
- Welding Safety Equipment
- Soldering
- TIG Welding & Accessories
- MIG Welding & Accessories
- Welding Supplies
- Plasma Cutting & Accessories
- Welding Cables Grounds &
Accessories
- Welding Chemicals
- Victor
- Bernzomatic
- Turbotorch
- Westward
- Lincoln
- Miller
- Lincoln
- Harris
- Weller
- Continental
Fasteners &
Adhesives
26 Subcategories
~103 Manufacturers
- Nuts, bolts, washers, screws
- Hooks, flat stock
- Raw Materials (Metal, Rubber,
Plastic)
- Glue & Cement
- Tapes
- Threadlockers
- Adhesives & Glue
- Concrete, Asphalt & Masonry
- Dispensing Guns
- Tamper-Pruf Screw
- Foreverbolt
- Disc-Lock
- Loctite
- Anti-Seize Technology
- 3M
- DAP
- J-B Weld
- Titebond
- Sakrete
Key Sub-Categories
Key Manufacturers
REQUESTED Products
The sub-categories & key manufacturers listed here represent all REQUESTED & OTHER categories and provide the breadt and depth of our current offer.
Category
March 28, 2024
The City of Tucson
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Lubricants,
Sealants & Paint
25 Subcategories
~148 Manufacturers
- Grease
- Oil
- Penetrates Sealants
- Caulk
- Paint
- Lubricants
- Oilers, Reservoirs & Sprayers
- Grease Feeders & Precision Metering
Pumps
- Stains & Equipment
- Paint Booths, Paint Sprayers & Tools
- DAP
- GE
- Dow Corning
- CRC
- LPS
- Armstrong
- Rusto-Oleum
- Krylon
- LDI Industries
- Westward
Safety & Security
Supplies
59 Subcategories
~ 450 Mfr. / Suppliers
- Spill Containment & Storage
- Fire Protection
- Personnel Protection Equipment
(PPE): Eye, foot, workwear,
hearing, hand, head & respiratory
- Instrumentation
- Signs, labels, tags & security
- Door & Window Security
- Alarms & Warnings
- Video Surveillance
- Access Barriers & Crowd Control
- Tough Guy
- National Guard
- Condor
- Ironclad
- New PIG
- Rubbermaid
- Dunlop
- Talon Trax
- Brady
- Tapco
- Carhartt
- Eagle
Cleaning
Equipment &
Supplies
17 Subcategories
~ 300 Manufacturers
- Chemicals
- Equipment
- Restroom
- Paper
- Waste Containers
- Cleaning
- Odor Control
- Janitorial Carts & Supply Holders
- Trash Bags
- Waste Containers
- Diversey
- Tough Guy
- 3M
- Dayton
- Sanitaire
- Rubbermaid
- Georgia Pacific
- Kimberly Clark
- Zep
- Lysol
HVAC Supplies
27 Subcategories
~ 270 Manufacturers
- Controls
- Heaters
- Air Conditioning
- Air Treatment
- Fans
- Ventilators
- Blowers
- Central Equipment
- Air Filters
- HVAC Controls & Thermostats
- Air Handler
- Johnson Controls
- Dayton
- Nu Calgon
- Honeywell
- Siemens
- RobertShaw
- Friedrich
- Movincool
- Air King
Pumps &
Plumbing
60 Subcategories
~ 320 Manufacturers
- Submersible, Centrifugal, Water
System & Displacement Pumps
- Pipe, Valves, Heaters, Coolers,
Filtration & Faucets
- Pipe Fittings & Couplings
- Pipe & Tubing
- Tube Fittings
- Toilets, Urinals, & Repair Parts
- Faucets, Hose Bibs, & Hydrants
- Shut-Off Valves
- Drum Pumps
- Sump, Effluent & Sewage Pumps
- Parker
- Zurn
- Sloan
- Viega Propress
- American Standard
- Chicago Faucets
- Zoeller
- Little Giant
- Bell & Gossett
- Little Giant
Emergency
Preparedness
26 Subcategories
~ 59 Manufacturers
- Sand Bags
- First Aid Supplies
- Diaster Recovery Products
- Emergency Water & Food
Rations
- Decontamination Shower
- Incident Command & Triage Supplies
- Emergency Response Cots & Beds
- Earthquake Safety Devices
- Off-Grid Energy Equipment &
Accessories
- Emergency Lightstick
- Quick Dam
- Quakehold
- Chemlight by Cyalume
Technologies
- Pig
- Aquasafe
- Snaplight (Cyalume
Technologies)
- Disaster Management
Systems
- Ready America
- Mayday
- AbilityOne
REQUESTED Products continued
The sub-categories & key manufacturers listed here represent all REQUESTED & OTHER categories and provide the breadt and depth of our current offer.
March 28, 2024
The City of Tucson
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Maintenance Repair & Operations (MRO) Supplies, Parts,
Equipment, & Materials
b.
What is the total number of products offered in your catalog? Are all catalog products stocked
in your distribution warehouses?
Grainger’s catalog offers more than 1.6 million MRO products. On-hand inventory, valued at
$2.3 B across 32 MRO categories and is maintained through Grainger’s US owned network of
14 distribution centers (DCs) with a total of 16.5 million square feet in size, 250 branch location,
each with approximately $1 million in inventory, and 6 bulk warehouses for products such as
generators, water heaters and other large items. Grainger is expanding its distribution and
delivery capability with two new facilities in Gresham, OR and Houston, TX., scheduled to open
in 2025 and 2026, respectively.
Sourcing
Fleet & Vehicle
Maintenance
19 Subcategories
~ 300 Manufacturers
- Tire & Wheel
- Automotive Electrical
- Automotive Maintenance Tools
- Automotive Chemicals
- Automotive Towing
- Automotive Exterior
- Automotive Mechanical
- Vehicle Lighting
- Automotive Cleaning/Appearance
- Automotive Interior
- Westward
- Buyers Products
- Perfect Equipment
- Ecco
- Grote
- Baldwin Filters
- Funnel King
- Reese
- Quickcable
- Noco
Hardware
18 Subcategories
~ 120 Manufacturers
- Door Hardware
- Hardware Supplies
- O-Rings & O-Ring Kits
- Latches, Hasps, & Hinges
- Door Locks & Deadbolts
- Magnets & Magnetic Strips
- Window Hardware
- Electromagnetic Locking Systems
- Braces & Brackets
- Springs
- National Guard
- Rockwood
- Lucky Line Products
- Norton Door Controls
- ICN
- Pemko
- Velcro Brand
- Mag-Mate
- Stanley
- Kaba Ilco
Office Supplies
23 Subcategories
~ 180 Manufacturers
- Boards & Easels
- Writing & Correction
- Computer Supplies & Media
- Office Paper & Notebooks
- Office Organizers
- Flags, Flag Poles & Accessories
- Binders & Clipboards
- Calendars & Planners
- Document Covers, Displays & Frames
- Laminating & Binding Equipment
- Magna Visual
- Quartet
- Sharpie
- Ability One
- Logitech
- Post-It
- Nylglo
- Avery
- At-A-Glance
- C-Line
Lab Supplies
24 Subcategories
~ 200 Manufacturers
- Labware & Lab Chemicals
- Water Testing Equipment &
Meters
- Lab Consumables
- Lab Ovens, Heating &
Refrigeration
- Lab Utensils
- Lab Instruments
- Lab Storage & Transport
- Particle Sizing
- Lab Equipment
- Lab Safety Supply
- Dynalon
- Extech
- Thermo Scientific
- Labchem
- RICCA Chemical
- Spectrum
- Lamotte
- American Biotech Supply
- Advancetech
Outdoor Equipment
23 Subcategories
~220 Manufacturers
- Insect & Pest Control
- Pressure Washers &
Accessories
- Garden Hoses & Sprinkler
Systems
- Shovels, Tampers & Digging
Tools
- Sprayers & Spreaders
- Cutting & Pruning Tools
- Snow & Ice Removal
- Power Brushes, Yard Vacuums & Leaf
Blowers
- Rakes & Cultivating Tools
- Fencing & Fencing Hardware
- Catchmaster
- Tomcat
- Continental
- MI-T-M
- Dayton
- Westward
- Tough Guy
- Rain Bird
- ECHO
- Ariens
Electronics &
Appliances
5 Subcategories
~ 100 Manufacturers
- Two-way Radios & Accessories
- Communications
- Electronic Communication
Equipment
- Intercoms & Speakers
- Batteries & Battery Chargers
- Audio Equipment
- Video Equipment
- Data Entry Devices & Accessories
- Ovens, Refrigerators, Ice Machines
- Food Processesors, Garbage
Disposals & Hardware
- Motorola
- Midland
- Nite Ize
- Peerless
- RCA
- Speco Technologies
- Frigidaire
- Royal
- IN-SINK-ERATOR
- ICE-O-MATIC
Hospitality & Food
Service
30 Subcategories
~ 139 Manufacturers
- Food Service Disposables &
Dispensers
- Food Service Cookware &
Preparation
- Food Service Snack Foods &
Condiments
- Bed, Bath & Table Linens
- Food Processing
- Food Service Storage & Transport
- Hospitality Uniforms & Workwear
- Food Service Apparel
- Guest Room Amenities
- Vollrath
- Crestware
- Cambro
- Fashion Seal
- Glowear by Ergodyne
- R & R Textiles
- Iceberg
- Dixie
- Martex
- Glaro
Reference &
Learning Supplies
5 Subcategories
11 Manufacturers
- Classroom Supplies
- Books & Book Supplies
- Tape Logic
- Label Master
Non-Grainger catalog products & services
In 2023, Grainger engaged 16,000 sourcing suppliers to
satisfy customer needs and provides access to over five
million additional products to Members.
OTHER Product Categories
March 28, 2024
The City of Tucson
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Maintenance Repair & Operations (MRO) Supplies, Parts,
Equipment, & Materials
While not all products are stocked within the network, Grainger analytical planning tools
position and deliver products centered on a just-in time delivery model. Grainger same day
shipping encompasses 99% of in-stock items. Grainger’s meaningful relationships with national
and regional transportation carriers are critical to this capability.
Our advanced algorithms continuously review inventory and stocking levels to determine the
fastest means of delivery for each Member. This analytical approach allows Grainger’s supply
chain to know where a particular product is, when it is required to be at a Member’s location, and
the fastest means of delivery.
Grainger’s strategic distribution network will ensure most Member orders are shipped the same day the
order is received. 99% of the US postal codes are reachable the next day through our high-touch solutions
North American supply chain network.
c.
How are green products identified in your catalog? Online ordering?
Grainger's Environmentally Preferred Products (EPP) are identified with a "green" filter
during the search process in the online catalog, accompanied by a green leaf icon.
The technical specifications section of each product contains an explanation of the certificate or
attribute, making it simple for Members to understand the environmental benefits.
March 28, 2024
The City of Tucson
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Maintenance Repair & Operations (MRO) Supplies, Parts,
Equipment, & Materials
Shown above, in Grainger’s online catalog, Members can click on the item number to go directly to the
item’s technical information and ‘green’ designation. To the right, a ‘snippit’ of how Members can easily
search and view green products by checking the ‘Green’ filter toggle in the lower left-hand side of the
grainger.com page.
d.
Do you offer “Private Line” products? Please describe.
Yes, Grainger has been providing Exclusive Brands (Private Label) products and solutions to
our customers since 1937. Grainger Exclusive Brand products can help Members do more with
less by providing easy access to dependable products whose quality matches national-brand
quality standards. Grainger offers 284,116 SKU’s, across several categories and brands in
our Exclusive offering.
e.
Submit all information that will aid the City in evaluating your proposal
Presented below are key values reflecting how Grainger’s offer provides a competitive
differential:
1.
Incentives focused on the City of Tucson
2.
Financial Strength and Reach
3.
Advanced Digital Technology
March 28, 2024
The City of Tucson
13
Maintenance Repair & Operations (MRO) Supplies, Parts,
Equipment, & Materials
4.
Experience Serving the City of Tucson
5.
Grainger Specialized Product Solutions
Incentives focused on the City of Tucson and OMNIA Partners’ Members
The Value ADD and Pricing Sections are not only broad and competitive, but innovative. Covering all
MRO categories nationwide and offering options to suit Member needs, it will maintain and attract
Members.
As a way of showing our appreciation for the City of Tucson (City) as the Lead Agency, we have
designed a unique offer that combines enhanced category discounts and substantial financial
incentives. We believe this customized offer will maximize the City’s MRO budget, increase productivity
across departments/agencies, and return value to invest in strategic projects. The proposed offer is not
static and will provide incremental financial benefits as the contract continues to grow through adoption
and scale. Based on the City’s historic purchases and reasonable growth projections throughout the
term of the agreement (metropolitan growth rates and service enhancements), we estimate $1,000,000
in additional savings based on the proposed Lead Agency Special Program.
Grainger’s pricing and incentive offer to all other contract Members is comprehensive as well. Our offer
features market leading value to include competitive pricing, an expanded category discount program,
and an incentive program for City of Tucson/OMNIA Partner Members. We believe this differentiated
investment towards all Members, coupled with the unique and additional incentives for the City of
Tucson, will provide the most meaningful solution to optimize our growth together.
We have crafted our offer with the aim of retaining existing Members and attracting new ones. Our offer
features competitive pricing, an expanded category discount program, and an innovative incentive
program for City of Tucson/OMNIA Partners. We believe that this differential investment towards all
OMNIA partners coupled with unique incentives for the City of Tucson will provide the most meaningful
solution to continue to grow this contractual partnership.
Financial Strength and Reach
With 2023 sales of $16.5 billion, Grainger is the leading broad line MRO distributor in the US and
Canada. We serve more than 4.5 million customers worldwide with innovative technology and deep
customer relationships. With these resources and expertise, Grainger will continue to promote value to
the City of Tucson and OMNIA Partners. Since 2021, our partnership has grown from approximately
6,476 participating Members in 2021 to 7,491 Members in 2023. Over the same period, the MRO
agreement’s annual spend increased from $196.8M to $258M. Substantial local agencies, including the
New York City Housing Authority and the District of Columbia Housing Authority, have become
Members.
Advanced Digital Technology Aligning Product Merchandising Shaped for Government
Customer Products and Services Requirements
In offering millions of products, from thousands of suppliers, with countless attributes unique to each
product category, significant complexity arises. Serving more than one million active customers across
diverse market segments, each with their own levels of complexity, the opportunity to leverage
technology and data is presented. Grainger simplifies this challenge for government and other sectors
to make their jobs easier.
The MRO sector has no data source providing meaningful customer information to discern current
requirements and trends. By compiling and evaluating information about millions of products, Grainger
shapes offerings to wide and varied market sectors while enhancing how customers search, compare,
and purchase a product.
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This work improves product information as it is directed to customer requirements, how a catalog is
compiled and marketing-support systems, all of which are continually analyzed to improve website
functionality assisting the customer. The work eases the customer’s search by providing more informed
insight to the purchasing decision as noted below:
Product Merchandising is shaped for the government customer.
Experience Serving the City of Tucson
As the incumbent MRO provider, the City of Tucson-OMNIA Partners’ agreement is a
prominent illustration of how Grainger strives to distinguish itself from the competition.
Grainger team members work to understand the mission of each department of the City of
Tucson and across the OMINIA Member network, particularly the public servants who fulfill
vital government responsibilities.
Grainger has had a physical presence in Arizona since 1954. Approximately 880 Grainger
employees live and work in Arizona. No competitor has Grainger's LOCAL presence. The City
of Tucson has sales coverage from a Government Sales Manager and Account Manager who
draw on the Tucson Grainger Branch on South Dodge Boulevard, 2 branches in Phoenix, 1 in
Gilbert and the Grainger Customer Contact Center in Phoenix, to engage all customers directly.
With experience, and expertise regarding the City of Tucson, the ongoing engagement with the
City’s departments and personnel to address contract expectations, changing priorities, training
opportunities, and highlight new MRO products and innovative solutions will continue to evolve
with the City of Tucson’s interest at the forefront.
Grainger's offer encompasses comprehensive audit, oversight, and training to adhere to all
contract pricing and requirements across City of Tucson-OMNIA Partners’ terms and
conditions. Government Team training includes mandatory ethics and compliance
responsibilities. Grainger's information systems provide customer-driven requirements
supporting oversight, supervision, and accountability. Reporting and compliance structures are
shaped to individual agencies.
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2.
SERVICES
“Entire Section is Confidential”
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1.
Sourcing:
Grainger's centralized sourcing team acquires MRO services not found in the Grainger general
catalog:
from non-catalog suppliers,
line card extensions of catalog suppliers,
for custom products, and
OEM repair parts and accessories.
Knowing our customers’ facilities are specialized and that product lead times are critical.
Grainger works with local and national suppliers throughout the US to address specialized
customer product needs, from non-catalog suppliers, line card extensions of catalog
suppliers, custom products, and OEM repair parts and accessories.
In 2023, Grainger engaged 16,000 sourcing suppliers to satisfy customer needs and
provide access to over five million additional products to Members. A critical element of
Grainger’s offer is enabling agencies to respond expeditiously to unique and hard to find
product requirements.
Note: Please see Exhibit 01 Sourcing Terms and Conditions in the Appendix. Sourcing
orders do not receive a category discount.
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2.
Software Punch-out Integration & Mobile Applications
The capability of your electronic ordering system to interface with an agency’s inventory
software system.
Grainger’s ecommerce services extend beyond core e-pro services to provide not only
additional serach and purchasing channels but to meaningful management controls able to
integrate with an agency’s software sytem:
Order Management Controls: The City of Tucson and OMNIA Partners’ Members can
control and manage their workflow and spend management when registered and logged into
Grainger.com. The order management system allows the member greater purchasing control
and visibility through customizable and flexible spend management authorizations. It enables
a purchase approval process as well as budgets to be established for individual users. These
workflow controls are administered by the City of Tucson or individual Purchasing Entity.
Work Order Integration: Grainger.com can integrate with the City of Tucson and OMINIA
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Partner Member Work Order Management Systems. This is performed through
Computerized Maintenance Management Systems (CMMS)/ Work Order systems with the
purchasing process to allow for reconciliation of purchases from work orders. This integration
aligns work order data to product orders and packing slips for streamlined receiving and
assigns product cost to the work order.
eProcurement Punchout -Grainger’s eProcurement solutions automate the Procure-to-Pay
Purchasing Process to streamline and standardize shopping, order, invoice and even
payment. Grainger can set up a scoping call with its eCommerce Solutions team to
understand Member needs and customizations to ensure a proper integration. Grainger has
experience with hundreds of eProcurement platforms and can provide end-to-end
integration to drive streamlined and standardized processes. This means Members will
reduce costs through productivity enhancements and lowering Member’s direct ordering cost.
Grainger’s dedicated team of experts will help Members customize and implement the
solution. Some of the most popular ERP and supply chain/procurement platforms selected by
Grainger customers include:
Grainger also supports custom and non-standard EDI transactions on a per request basis.
Enhanced features include a Custom Home Page and Landing Pages
An example of a Custom Home Page for City of Tucson OMNIA Partners’ Member.
3.
Installation, Repair, Maintenance & Turnkey Solutions & Services:
Grainger will assist City of Tucson and OMNIA Partners’ Members in working with
manufacturers, suppliers and third-party installers, as to product, equipment, maintenance
and related training programs. These programs include manufacturer-certified set up, product
installation, post-installation services and maintenance services. Grainger has identified over
100 companies that have satisfied our vetting process. All companies used by Grainger are
licensed, insured, qualified and capable of performing in accordance with Member service
requirements.
Services provided by third-party providers may be subject to a fee agreement between
Grainger and the provider.
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4.
Inventory Management: KeepStock Inventory Management Solutions
Provides inventory management solutions for stock rooms, warehouses, mobile service
vehicles, emergency preparedness supplies, and supply vending machines. Consulting and
analysis solutions are also desirable.
Inventory Management is a unique delivery solution moving high usage items close to point
of use and maintaining critical product availability. Through its KeepStock® Program,
Grainger provides multiple inventory management solutions reducing Member’s total cost of
inventory ownership. Effective inventory management reduces on-hand inventory, improves
purchasing efficiencies, and ensures availability of critical products all while providing secure
and efficient access.
KeepStock® Web is control central for managing your Grainger inventory. It seamlessly
integrates your KeepStock® program, Mobile App and Grainger.com to provide convenient,
web-based inventory management. Members can leverage KeepStock® web functionality
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across all installation types — Vending, CMI, Replenish and Onsite, to provide you with total
visibility to the entire inventory.
Inventory Management Reporting Dashboard
5.
Small Business Program
Grainger recognizes the importance of helping meet diverse procurement goals or mandates.
Our Diversity Solutions program supports the economic empowerment of diverse and small
businesses. We help customers meet their diversity requirements through our breadth of
products, supply chain, services, and diversity expertise.
Grainger’s Supplier Diversity Program affords customers access to
diverse manufacturers and suppliers through its catalogs and distribution
channels. This program seeks to grow this sector while helping
customers get their jobs done with quality products from diverse business
enterprises (DBEs).
The economic impact of this program continues to increase. As of 2022,
Grainger’s Supplier Diversity program features:
Approximately 7,000 Diverse Business Enterprises are part of
Grainger’s High-Touch Solutions U.S. Supplier Diversity
Program, which includes direct and indirect spend.
More than $2 billion on products from small businesses, including
woman-, minority-, veteran-, LGBTQ+- and disabled person–
owned businesses, and HUBZone and disadvantaged businesses.
Registered suppliers are audited monthly to maintain active supplier diversity
certificates.
Products from diverse manufacturers and suppliers are identified with
this diversity symbol on Grainger.com and in the catalog and index.
On Grainger.com, customers can use the search keywords “Supplier
Diversity” or use the Supplier Diversity toggle filter to shop for products
from diverse suppliers exclusively.
The Authorized Grainger Reseller Program includes a network of more than 100 certified
DBE resellers authorized to sell Grainger MRO products. Grainger contracts with small and
diverse businesses to sell directly on the Grainger agreement to the end customer. Resellers
in the Diversity Alliances program are under contract and provide independent resale of MRO
products purchased from Grainger. These authorized resellers have access to Grainger’s full
product offering. These DBE resellers include historically underutilized business zones
(HUBs), minority-, woman-, and veteran-owned businesses.
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The authorized reseller program enables customers greater access to products and services
and provides reach to segments and contracts mandated or prioritized for DBEs. The
program allows Grainger resellers to offer niche, value-added services, and a broader
selection of products.
Grainger and the authorized reseller will engage Members to discuss how best to serve the
City of Tucson and OMNIA Partner Member including the range of possible service and
values that can be provided. DBEs often provide other services such as installation, kitting,
product assembly, stenciling/engraving/labeling, delivery, and barcoding. These services
encompass adjustments in product and solution pricing. The plan will outline how the
Member can leverage Grainger’s diversity solutions portfolio to achieve their goals.
6.
Green / Sustainability Programs
a.
Grainger Policies & Commitment: Efforts and policies pertaining to green and
sustainability.
Grainger is committed to conducting business in an environmentally responsible manner and
works continuously to improve its environmental performance across operations, solutions,
and products. Initiatives to reduce dependence on non-renewable energy consumption and
emissions include:
Increasing solar energy use at our facilities
Improving technology and efficiency in our building management systems
Implementing high-efficiency life cycle replacements
Transitioning from traditional Powered Industrial Equipment (PIE) batteries to
hydrogen fuel cells.
Literature: A detailed discussion addressing Grainger’s environmental performance is
presented in Exhibit 02 2023 Environmental Social and Governance Report.
b
Products: Impact on Product Offerings.
Grainger provides environmentally focused solutions through our sustainability offerings,
including environmentally preferable products (EPP) and sustainability services. In 2022, our
overall Grainger High-Touch Solutions U.S. EPP revenue was more than $1 billion, an
increase from the prior year. We routinely evaluate our portfolio against customer needs and
maintain our product certifications and attributes up to date. On a regular basis, we conduct a
thorough review of certifications and attributes, in conjunction with a third-party partner,
based on U.S. federal and state sustainable-purchasing guidelines.
To guide customers toward sustainability solutions, Grainger has developed a Sustainability
Solutions landing page on our website. The solutions are organized by sustainability
categories including energy, waste, air quality and water management. As noted, Grainger’s
EPP are identified with a “green” filter during the search process, accompanied by a green
leaf icon. The technical specifications section of each product contains a detailed explanation
of the certificate or attribute.
c
Distribution: Impact on Distribution.
Our initiatives to reduce dependence on non-renewable energy consumption and emissions
include increasing solar energy use at our facilities, improving technology and efficiency in
our building management systems, implementing high-efficiency life cycle replacements and
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transitioning from traditional Powered Industrial Equipment (PIE) batteries to hydrogen fuel
cells.
Throughout Grainger facilities, particularly within the Distribution Centers (DC), we
standardize recycling processes and share best practices across our network. The DC
leadership receives monthly progress reports on recycling, and local facility managers include
recycling metrics in their annual performance goals. We also partner with a third party to track
our waste and recycling data and to find opportunities to improve our diversion rates. To help
manage waste and recycling at our U.S. branches, we use waste container monitors, which
helps us optimize our scheduled pickups, reduce the amount of vehicle mileage required by
waste haulers and quickly detect and resolve contamination issues before they impact
downstream processes.
Grainger works closely with our suppliers to identify opportunities to improve packaging
sustainability and protect the products we offer. Our Supplier Packaging Guidelines promote
sustainable options and best practices for suppliers to minimize potential product damage
and waste while maximizing the use of recyclable materials. These initiatives are described in
detail in Grainger’s Environmental Social and Governance Report.
We refine our sustainability calculation methodology, improve data sources and engage with
suppliers and partners, particularly those critical to how we serve our customers. We share
details of our plans, including measurement standards and specific objectives with the goal of
converging in this important initiative.
d
Recycling of Lamps: The ability to recycle lighting and electronic products.
Grainger offers recycling kits and boxes to help customers recycle light bulbs, ballasts,
batteries, lamps, and other items that contain hazardous materials, particularly in
circumstances involving compliance responsibilities. The kits also save storage space and
reduce safety hazards by allowing Members to contain dead items and remove them from
their facilities. Recycling kits include boxes or containers for collecting the items to be
recycled. They also include prepaid shipping labels and recycling costs and instructions for
sending the items to a recycling facility. Individual recycling boxes or containers are used to
collect and store items for recycling. These boxes do not include prepaid shipping labels or
recycling costs; users can send the box or container to the recycling facility via their preferred
shipper.
e
Lighting and Energy Audits: The ability to perform lighting and energy audits.
Grainger third-party partners will evaluate and audit lighting and energy capabilities and
recommend focused solutions supporting sustainability. Coordination is pursued with City of
Tucson and OMINA Member facility design and operations personnel to recommend
retrofitting and other efforts to improve lighting and energy savings.
f
Certifications: The industry recognized certifications and standards obtained.
Grainger identifies products with the environmental certifications in its catalogs, including:
US EPA ENERGY STAR
US EPA Safer Choice
US EPA Water Sense
Biodegradable Products Institute (BPI, certified compostable)
Design Lights Consortium (DLC) for LED lighting products
Forest Stewardship Council (FSC)
Green Seal
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UL ECOLOGO
UL GREENGUARD, SCS Indoor Advantage, etc. (certified low emitting)
7.
Training and Education
Grainger will support the City of Tucson and OMNIA Partners’ Members to schedule and
provide instruction as to industry trends, targeted products and solutions training associated
with City of Tucson and OMNIA Partners’ operations and identified needs. Objectives include
elevating competency and supporting unique Member requirements. The following are
opportunities within Grainger’s’ extensive training portfolio and include non-fee and fee-based
sessions.
Comprehensive training modules addressing technical skills as to environment, health,
and safety, electrical, HAZMAT, security, laboratory, and plumbing products.
Among the comprehensive safety initiatives are products that reduce falls and injuries.
Grainger team members participate in yearly training that reviews approved products,
proper wearing, and maintenance of products to present these training opportunities to
customers.
Confined Space, Electrical Safety, and Forklift equipment and work area comportment.
Throughout the contract’s term, tailored training to maintain and increase knowledge of
the contract and its benefits and effective access to Grainger.com or e-pro applications
for new employees and refresher instruction for tenured employees.
Grainger partner providers works with City of Tucson and OMNIA Partners’ Member agencies
to identify products and product categories for additional training. Current programs include:
DeWalt Power Tools: Customer safety presentation and film. Hands-on demonstration
of safe operating practices for power tools. Joint presentations by the Grainger Account
Manager and DeWalt’s representative, often performed at customer locations.
Proto Tools Hand tool Safety Seminar and Film: Demonstration of correct methods
of tool usage. Joint presentations by Proto and Grainger Account Managers. A
certificate of training is issued upon completion of class, which is also often conducted
at customer locations.
Brady Manufacturing Lock-Out/Tag-Out Class: Training for correct methods to apply
lockout/tagout devices for compliance with OSHA rules is accompanied by a video
presentation and hands-on demonstration of different devices. Jointly presented by
Grainger Account Manager and Brady Representative at customer locations.
8.
Customer Support Services
Grainger’s policies on replacements, returns, restocking charges, after hours service, after
sales support, out of stock, order tracking, technical feedback, quality assurance for orders
and drop shipments are presented below.
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Grainger Customer Support
Replacement, Returns and Warranty: Grainger accepts returns of products it sells, It
also warrants its products.
SATISFACTION GUARANTEE TO ALL CUSTOMERS. Customer should contact Grainger if not
satisfied with a product for any reason. Grainger will promptly provide an exchange or refund if the
product is returned within 30 days of date of invoice, with proof of purchase from Grainger.
LIMITED WARRANTY. GRAINGER WARRANTS PRODUCTS AGAINST DEFECTS IN MATERIALS
AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF ONE (1) YEAR AFTER THE DATE
OF INVOICE FROM GRAINGER, UNLESS OTHERWISE STATED. PROVIDED THAT GRAINGER
ACCEPTS THE PRODUCT FOR RETURN DURING THE LIMITED WARRANTY PERIOD, GRAINGER
MAY, AT ITS OPTION:
1.
REPAIR;
2.
REPLACE; OR
3.
REFUND THE AMOUNT PAID BY THE CUSTOMER. CUSTOMER MUST RETURN THE
PRODUCT TO THE APPROPRIATE GRAINGER BRANCH OR AUTHORIZED SERVICE
LOCATION, AS DESIGNATED BY GRAINGER, SHIPPING COSTS PREPAID.
GRAINGER'S REPAIR, REPLACEMENT, OR REFUND OF AMOUNTS PAID BY CUSTOMER FOR
THE PRODUCT, SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY. EXCEPT AS SET FORTH HEREIN
AND WHERE APPLICABLE, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION,
EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY GRAINGER. GRAINGER DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. GRAINGER ALSO
DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER
PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR
MISAPPLICATION. GRAINGER EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE EXTENT PERMISSIBLE.
GRAINGER'S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE
PRODUCT THAT GIVES RISE TO ANY LIABILITY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY AND OTHER
RIGHTS MAY BE AVAILABLE.
Warranty Product Return. Before returning any product, Customer may contact Grainger either by
logging on to grainger.com/returns or calling Grainger’s Customer Care at 1-800-GRAINGER (472-
4643). Proof of purchase is required in all cases.
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PRODUCT RETURNS.
1.
GRAINGER 30-DAY SATISFACTION GUARANTEE. You can return your purchase for any
reason for exchange or refund up to thirty (30) days from the date of invoice unless otherwise
noted. Proof of purchase from Grainger is required for all returns. Grainger’s 30-day
satisfaction guarantee does not apply to “Sourced Products” and products sold on a “Final
Sale” basis.
2.
RETURNS AFTER 30 DAYS. Unless otherwise noted, you can also return product for up to
one (1) year from date of invoice provided that product is in its original packaging, unused,
unexpired, undamaged, and in salable condition. Proof of purchase from Grainger is required
in all instances. Products sold on a “Final Sale” basis as defined below cannot be returned.
“Sourced Product” (defined below) is subject to the manufacturer’s return policy and may not
be returnable. There are no restocking fees for Grainger catalog items. Returns of non-
General Catalog items may be subject to a restocking charge.
3.
FINAL SALE ITEMS. Items sold on a “Final Sale” basis include: (i) Custom items; (ii)
purchases made under the Custom Product Center on grainger.com; (iii) special-order items;
(iv) emergency response items; (v) items marked in Sourced Product quotations or invoices as
“Non-Cancellable” or “Non-Returnable” and (vi) any other items that Grainger may designate
as a “Final Sale” from time to time.
RETURNS PROCESS. If you need to return an item, contact us directly at Customer Care at
1-800-GRAINGER (472-4643) or drop off or ship the product to the nearest Grainger branch
location.
Restocking Charges: There are no restocking fees for Grainger catalog items. Returns of
non-General Catalog items may be subject to a restocking charge.
After Hours Service: Grainger’s after-hours emergency service provides product fulfillment
after standard Grainger branch business hours, and is provided via a toll-free number (1-800-
CALL-WWG) for service throughout the US. Calls are routed to one of Grainger’s US based
Call Centers. A Call Center employee then contacts a local Grainger branch employee, via
phone, and relays the customer information. Grainger’s branch employees are committed to
contacting the customer within 60 minutes of the initial customer call to arrange to meet the
customer at the local Grainger branch to fulfill the emergency order.
Post Sales Support: Customer support is available at 800-GRAINGER (800-472-4643)
provided by US based Customer Service Associates (CSAs). Grainger contact centers are
available 24 hours a day, 7 days a week to assist our customers through phone, chat,
and email. The Customer Service team consists of highly trained and experienced
employees including Technical Product Specialists (TPS) that specialize in each of our
product categories to serve our customers. All Customer Service team members will provide
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product and shipping information, answer questions, provide status, address customer
concerns or issues and engage technical support to assist the customer.
Out of Stock: If shopping via a punch out or Grainger.com, the customer can see real-time
availability of a product. Users are notified within the punchout that the product is not available
and when the product is expected to arrive. Subsequent changes in availability after the order
is received will be sent via email to the customer.
If the desired product is backordered or out of stock, the customer may use the compare
feature to find an alternate product with similar form, fit and function. The ultimate decision to
wait for the product or select an alternate product is that of the customer.
If shopping via email or phone, Grainger’s Customer Service Team will notify the customer if
the product is on backorder or out of stock. The Customer Service Team member will provide
alternate product suggestions. The ultimate decision to wait for the product or select an
alternate product is that of the customer.
Order Tracking: The City of Tucson and OMNIA Partners’ Members can use Grainger.com
to track the status of any pending order, regardless of ordering channel (online, phone, fax, e-
mail). End users can determine shipment
status, backorder status, and partial order
shipments, will call order pick-ups and order
cancellations for orders placed within the
past 36 months by clicking on the Order
History link at the top of any Grainger.com
page.
When the order leaves Grainger’s DC,
Grainger will send a Shipment
Confirmation with a tracking number that
allows our customers to track the order
through the delivery cycle.
Technical Feedback: Grainger provides direct technical support from knowledgeable field
personnel and manufacturers' field representatives. In our key supplier programs,
manufacturers dedicate field resources to work solely with Grainger's field representatives. In
addition, Grainger has an in-house Technical Product Support Department whose members
have an average of 28 years of experience answering product-related questions across all
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product categories. Customers have easy access to this service during standard business
hours.
If a customer seeks to provide technical or any feedback regarding a product or any Grainger
service, Comment Cards can be accessed throughout Grainger.com, including a link in the
header and footer of every page on Grainger.com:
Quality Assurance for Orders and Drop Shipments: To ensure quality customer
experience, all phone calls to the Customer Service Center are recorded. This information is
an element of a Quality Monitoring & Coaching approach where each Team Member receives
scored evaluations completed by the QA team and his/her Service Leader each month. There
is a similar process to audit email and chat transactions. In addition, a cross-functional team
captures and investigates Service Opportunities to determine the root cause, any specific
actions that are needed and to determine if there is a larger, systemic issue that should be
addressed through technology updates and/or process changes.
Grainger Supply Chain and Distribution Centers are vigilant in monitoring performance of
suppliers and carriers, as to quality and timeliness of shipments, including manufacturer drop
shipments. Goals are set to ensure that products are delivered on time and in good condition
and exceptions are captured to address deficiencies.
9.
Consulting Service
Consulting and analysis of above listed services and solutions, as well as other value-add
services not included above.
Grainger Consulting Services is an industry-leading team of experts dedicated to helping
Members solve their most pressing MRO challenges. Grainger’s team analyzes the
Members’ current state and identifies relevant and comprehensive opportunities for
improvements. Based on our findings, most customers can take as much as 15-25% or
more out of their total MRO costs.
Consulting projects can range from single site assessments to enterprise-wide evaluations of
your overall MRO procurement, inventory, and product selection processes. The focus is to
understand current state and identify opportunities for improvement that drive productivity
and utilization and financial benefit.
Grainger’s Cost-Driven Differentiators: Grainger Consulting Services has built its strategy
and expertise around three major cost areas. Each can represent a significant opportunity to
deliver savings and value back to a Members’ organization.
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Grainger’s Consulting Team will work with Members to drive costs out of their operations.
10. Other Services
Presented below are examples of services, in addition to those listed in the RFP. Grainger will
continue to pursue value added services and programs throughout the life of the contract that
will be available to the City of Tucson and OMNIA Partners’ Members.
a.
Sustainability Solutions
Grainger provides environmentally focused solutions including environmentally preferable
products (EPP) and sustainability services. In 2022, our overall Grainger High-Touch
Solutions U.S. EPP revenue was more than $1 billion. We meet customer demand by
routinely evaluating our portfolio against customer needs and keeping our product
certifications and attributes up to date. On a regular basis, we conduct a thorough review of
certifications and attributes, in conjunction with a third-party partner, based on U.S. federal
and state sustainable-purchasing guidelines.
To guide customers toward sustainability solutions, Grainger has developed a Sustainability
Solutions landing page on our website. The solutions are organized by sustainability
categories including energy, waste, air quality and water management. Grainger's EPP are
identified with a "green" filter during the search process, accompanied by a green leaf icon.
The technical specifications section of each product contains a detailed explanation of the
certificate or attribute, making it simple for customers to understand the environmental
benefits.
b.
Safety Value Add Solutions
Grainger’s Environmental, Health & Safety (EHS) Services help Members protect their
people, facilities, and the environment. Grainger’s Field Safety Specialists bring education,
experience, and expertise to help Members address a wide range of safety and health
matters to assist with injury reduction, compliance improvement, and risk assessment.
Grainger has the depth and structure to deploy, support and track agency-wide initiatives.
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In addition to assessments from Manufacturers, Grainger’s Field Safety Specialists leverage
our Grainger Safety Assessment to evaluate a broad range of OSHA Regulatory and
Compliance needs. The Grainger Assessment delivers a customized report highlighting areas
of a safety program that are currently in compliance or areas where additional focus may be
needed.
Please see Exhibit 03 Grainger Safety Assessment providing further details regarding the
Grainger Safety Assessment. The Grainger Safety Assessment includes topics like Hazard
Communication, PPE, Lockout Tagout, Confined Spaces, Fall Protection, Ladders and
Temperature Stress, among others.
c.
Energy/Sustainability Services
The Grainger Energy Services team can identify and implement a wide range of efficient
solutions for an agency to help design and facilitate the installation of energy-saving and
water conservation measures:
d.
Online Solution Center
Grainger compiles an online safety center with information and resources that help keep
people safe and facilities running. The Solution Center enables OMNIA Partners’ Member
safety specialists to access safety news, trends, and regulatory issues free of charge.
Information includes:
OSHA’s Law & Regulations: This page contains links to all current OSHA standards,
provides information on the rulemaking process used to develop workplace health and
safety standards.
Environmental Health and Safety Webinars: This on-demand series offers industry
information and updates to help keep informed of environmental, health and safety
trends affecting your operations. Participants receive a certificate of attendance
providing documentation for 1 credit hour of training.
Online Safety Catalog: Access to our latest safety catalog 24/7 in easy-to-navigate
format. Search by product name, category, or SKU.
Grainger KnowHow®: Delivers equipment guides and safety protocols.
e.
Facility Services
Grainger Facilities Services help prolong the life of a Member’s buildings and structures and
support safety initiatives. These services keep facilities dry, safe, and sustainable. Services
include:
Inspection Services.
Air barrier audits.
HVAC Restoration.
Assembly and Installation Services.
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Roof Restoration- Rooftop Safety Installation and Roof Cleaning.
Flooring- Concrete Polishing, Floor Design and Installation, Floor Repairs, and Floor
Striping.
Ceiling Tile Installation/Replacement.
Patch and Repair Services, Preventative Maintenance.
f.
Metalworking Solutions
Grainger’s team of metalworking experts provide and apply the latest technology to boost
productivity and maximize Member’s investment across more than 500 metal working
applications. Grainger offers a broad portfolio of value-add–non-fee and fee-based services,
as well as sourcing unique or difficult to find metalworking products.
g.
Footwear Safety
Grainger’s safety initiatives include its Managed Footwear Program across City of Tucson
OMNIA Partners’ Member job categories. Shoes with appropriate traction prevent falls and
reduce electrical accidents by enlisting non-conductive footwear made from leather, rubber,
or other materials to reduce electrical accidents. Grainger coordinates the availability of
footwear protection across all OMNIA Partners’ Members customers. Included is both a
physical shoe mobile and a web-based program for remote users. The initiative ensures easy
access to all employees while City of Tucson and OMNIA Partners’ Member leadership
maintains full control and visibility of purchases.
h.
Prescription Eyewear
Grainger partners with a network of eyewear providers that can offer multiple solutions for
safety prescription eyewear needs. Service options include onsite kiosks or local eye care
service providers. Each program has unique features and may require a minimum number of
eyewear users.
11. Emergency Response
Grainger engages customers in high-risk areas and assists in building resiliency to rapidly
deliver critical supplies. Our 15+ years of experience, purchasing history data, and market
intelligence contribute to structuring emergency response solutions. Analyzing data captured
after each emergency event helps determine which supplier and products to add to our
portfolio or adjust our inventory position to specific locations. During any emergency,
Grainger prioritizes government and healthcare customers so emergency responders and
hospitals have resources to assist the sick or injured.
As part of our Disaster Continuity Plan, Grainger’s response and recovery protocols
encompass providing government and commercial customers with priority to first response
agencies, with critical product and services associated with the incident. Monitoring weather
and media reports while coordinating with state and local authorities, Grainger activates its
emergency response center prior to and throughout the period of need. With resource
capacity to move products expeditiously, Grainger stages resources in critical areas and
frequently deploys team members to assist.
Localized response procedures enable customers in need to obtain emergency response
items at any time. Local Grainger branches may remain open 24 hours a day during major
emergencies and disasters. Trailers can bring in critical products and extra personnel can be
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on site to support relief efforts. Preexisting supplier agreements allow products and
equipment to be replenished quickly to help Grainger's customers.
Grainger is positioned to respond to emergency situations. Grainger's network of 250
branches is supported by 14 strategically located distribution centers across the U.S.
Grainger can pull from and move its extensive inventory to areas of need quickly and
efficiently. Grainger has experience knowing how to leverage its logistics networks to get the
right products in the right place to address across a range of situations. This network ensures
that constant product replenishment is nearby and easily accessible.
Grainger’s pricing and services will not change in an emergency, large or small. OMNIA
Partners’ Member’s costs will mirror the contract.
12. Customer Product Center
Grainger can customize products with the Member’s logo or message. We can also custom-
size products like filters or specialized signs to meet your needs. Members decide the size,
configuration, or message.
b.
Describe how you will roll out your program to City of Tucson staff. Include in your discussion
training, education, meetings, information gathering, annual contract awareness event, etc.
The success of Grainger’s City of Tucson-OMNIA Partners contract is directly attributed to our
working together on a comprehensive contract implementation plan. As the incumbent, we will
leverage our 13 years of City of Tucson experience and proven processes to deliver an
effective and efficient implementation. There will be a seamless transition for City of Tucson
staff with uninterrupted service and support. Grainger will continue current work to integrate
with the City of Tucson across its systems and processes to drive the City’s objectives. Other
incumbent OMNIA Partner Members will also be transitioned seamlessly.
We are committed to marketing the contract throughout its lifecycle to reach City of Tucson
Departments and components to maximize its efficiency.
Grainger will collaborate with City of Tucson and OMNIA Partners to mutually align on
communication channels, messaging content, and delivery targets and timing to reflect a
continued strong partnership across our organizations regarding the City of Tucson contract
and its benefits.
Grainger will promptly designate a dedicated implementation project manager to execute
and deploy all major milestones of the agreement.
A detailed implementation plan addressing OMNIA Partners’ Members beyond the City of
Tucson is provided in Attachment F, Exhibit A, OMNIA Partners Response for National
Cooperative contract.
DEFINE – Within First 10 days of Award
Create a mutually agreed upon joint communication campaign, including:
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Assign marketing and communication experts to create messages and tools for internal and
external purposes to include:
Upon notice of award, Grainger will provide its Executive Leadership endorsement and
support. Grainger messages will endorse the new agreement and highlight its values and
benefits of the new contract.
Grainger will collaborate with City of Tucson/OMNIA Partners and distribute a co-branded
press release providing highlights of Grainger's award position and contract benefits.
The press release will announce Grainger's award position and contract benefits through
mutually agreed upon social media sites such as X, Facebook, LinkedIn, and YouTube.
Update dedicated Grainger’s internal website with City of Tucson contract information and
benefits.
Grainger will coordinate with the City of Tucson to identify Key Agencies and Key
Stakeholders at each one.
LAUNCH – Within 30-60 days of Award
Grainger, City of Tucson, and OMNIA Partners will partner to educate respective teams of the
new contract terms, differentiators, and go-to market tactics that will be used to ensure growth
and transition will be smooth.
Marketing
o
Provide to City of Tucson mutually agreed upon co-branded collateral pieces including,
contract benefit presentations, services and solutions marketing collaterals, and case
studies.
Education/Training
o
Grainger leadership will ensure comprehensive understanding of the City of
Tucson/OMNIA Partners contract terms, benefits, and solutions through Department or
component Kick-Off Calls, and focused Site Execution Plans for Grainger Sales Team
members.
o
Grainger’s Government Sales team will have comprehensive knowledge of the new
agreement to present the benefits of this agreement to all City of Tucson components.
o
Conduct dedicated training - In person and virtual meetings - to key City of Tucson
personnel on the new Grainger’s offering.
o
Provide seller action plans and timelines to achieve implementation success criteria.
o
Conduct, at minimum, quarterly contract educational calls with Grainger Sales and
Customer Service teams.
Contract Performance Metrics
o
Grainger will use sales reporting to ensure all goals and objectives are met. Grainger
will provide periodic updates on the contract’s revenue performance and affiliation
growth through Stakeholder updates and business reviews as requested.
Annual Contract Awareness
o
Business Reviews with City of Tucson Procurement Officer and Key Agencies.
o
Conduct webinars for City of Tucson staff as well as live meetings, to refresh
knowledge of contract benefits, promote key initiatives, share customer level success
stories, as well as product offerings/promotions.
o
Provide Member compliance metrics and reporting as requested.
Continue Member Insight and Expansion
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o
Work with City staff to identify areas of opportunity for additional savings offered
through the contract. Grainger will use reporting, supplier experts, and consulting
business partners to identify key areas the City can consider.
o
Pursue high-touch solution values by the City of Tucson dedicated government team
via customer discussions and internal Grainger training to increase Grainger insight of
specific City of Tucson MRO challenges and to develop initiatives to address.
c.
Describe how you will develop and maintain relationships with key department end users to
convert sales to this contract, offer relevant solutions, problem solve, introduce new products or
services, etc.
Grainger’s reiterates its commitment to continue building on a strong foundation so every City
of Tucson Member can meet their MRO challenges with the products and services they need,
at the most competitive prices with the best overall value. We have learned that the City of
Tucson/OMNIA Partners, and Grainger are more successful when we focus on individual
Member circumstances and requirements.
To know the Member in detail, Grainger’s leadership manages its team member work directly
and engages all Members. Grainger’s National Government Sales Manager supervises these
relationships and meets with each of the aligned account managers at least monthly to review
successes, challenges, identify trends and bring focus to current and developing individual
Member priorities. This engagement includes sharing the substance of the meetings with the
City of Tucson Member. The fundamental is discerning Member need and remaining relevant to
that individual City of Tucson Department.
Grainger’s City of Tucson National Government Sales Manager will continue to have enormous
corporate resources supporting this work, including Inventory Management (KeepStock), Field
Safety Resources, Digital Platform, and Product and Service Technical Expertise to speed
resolution of challenges, close gaps and identify and resolve location needs. For example:
The National Government Sales Manager (GSM) takes part in Member Business Reviews
to provide opportunity for City of Tucson OMNIA Partners to share candid feedback with
Grainger leadership and ensure each component is receiving the standards of service and
product Grainger has committed to provide.
The GSM meets with the City of Tucson/OMNIA Partners Contract Managers at least a
quarterly to review overall contract portfolio - sharing performance, investments, and
opportunities, and to secure insights to provide feedback to the local Grainger Account
Managers.
Should problems or challenges occur, Grainger’s goal is to make it right for the City of
Tucson OMNIA Partners individual Member. The National Government Manager for the
City of Tucson/OMNIA Partners is Ken White, Ken.White@grainger.com, phone
729.988.7669. Mr. White or any Grainger leader may be contacted at any time.
d.
Describe your sales and reporting capabilities. What level of detail is available?
Using its SAP platform, Grainger reporting capabilities track and monitor Member spending and
can evolve to capture .metrics. Standard and custom reporting can be shown and created at
Member request. A high level of report detail is available including items purchased by track
code, sub track code, and/or account number, total sales and quantity per item, total sales at an
account level as well as shipping location, supplier diversity, green purchase history and invoice
detail reports.
Some of Grainger’s detailed standard reports that monitor spend and track usage includes:
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Procurement Tendency Report: helps Members understand purchasing tendencies
executed through Grainger (channel sales, repeat item spend, category spend).
Cost Savings Analysis (CSA): Reports savings based off catalog price.
Item Purchase History (IPH): Summary report that shows items purchased by track
code, sub track code, and or account number. Include total sales and quantity per item.
Green Item Purchase History (Green IPH): Summary report that show green items
purchased by track code, sub track code, and or account number. Include sales and
quantity per green item.
3.
ORDERING & INVOICES
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4.
OTHER/VALUE ADD
“Entire Section is Confidential”
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2. Price Proposal
A. Price Proposal
“Entire Section, aside from proposal pricing, is “CONFIDENTIAL.”
Provide a price proposal as requested on the Attachment H – Price Page Core Lists .
B
Market Basket – Provides for the deepest discounts, as listed on the category discount sheet,
on a variety of products to agencies nationwide. Products in this list represent the largest
annual spend in terms of dollars and/or highest volume in terms of quantity. Pricing for Market
Basket items shall be provided to all Participating Agencies.
Within Attachment H, Price Page Core Lists, Grainger presents a 100% response to the
Market Basket providing the most advantageous pricing drawn from actual agency
experience representing our broad availability of exact-match items. This pricing will be
available to all Participating Agencies.
C
Functional Alternatives – Provide items which can be substitutes for the corresponding items on
the Market Basket which might provide better value but meet the same need. Items in the
Functional Alternatives section of the price page will be evaluated as value-add items for the
National Program. Pricing for Functional Alternatives shall be provided to all participating
agencies.
J
Using Attachment H, Price Page, complete the columns specified resulting in the proposed
discount and net contract price for items offered nationally.
Within Attachment H, Price Page Core Lists, Functional Alternatives, Grainger has the
ability to provide functional alternatives for over 85% of market basket items varying in
price, package quantity and manufacturer to meet varied Member requirements.
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3. Qualifications & Experience
A. Qualifications and Experience
1.
COMPANY HISTORY
Provide a brief history and description of your company.
“Entire Section is CONFIDENTIAL”
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4.
TOTAL NUMBER & LOCATIONS OF SALESPERSONS
Provide the total number and location of salespersons employed by your firm.
“Entire Section is CONFIDENTIAL”
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NUMBER & LOCATION OF SUPPORT CENTERS
Number and location of support centers (if applicable).
“Entire Section is CONFIDENTIAL”
TEAM MEMBER QUALIFICATIONS
Describe the qualifications of your sales personnel and technicians.
“Entire Section is CONFIDENTIAL”
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7.
KEY PERSONNEL
Provide a listing of key personnel who may be assigned to the City’s contract. Include their title within your
organization and the description of the type of work they may perform. Please identify an executive
corporate sponsor who will be responsible for the overall management of the awarded Master Agreement.
“Entire Section is CONFIDENTIAL”
8. EXPERIENCE & REFERENCES
Summarize your experience in providing product and services similar to that outlined in the
Scope of Work. Provide a minimum of three references for which you have provided similar
products and services. References from other public agencies, particularly municipal
governments, are preferred. Please include company name, address, phone, email, and
contact person.
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“Entire Section is CONFIDENTIAL”
9.
ADDITIONAL INFORMATION
Please submit any additional information that you feel is applicable to your qualifications and
experience.
“Entire Section is CONFIDENTIAL”
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SUMMARY
Throughout Grainger’s response to the City of Tucson/OMNIA Partners
Request for Proposals to provide Maintenance, Repair and Operations
products and services to government and institutional sector agencies, we
have strived to relate our deep commitment to the public sector. This is
reflected in our competitive pricing, broad and accessible products, ability to
deliver products when needed and digital platforms that make shopping
easier. Team Member expertise reflects our commitment to be essential to
every City of Tucson/OMNIA Partner Member. It is a privilege to work with
the City of Tucson/OMNIA Partners. Our proposal seeks to continue the
trust you have placed in us.
Thank you for considering our proposal
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Appendix
Please see the following information included in
Services
1.
Exhibit 01 Sourcing Terms and Conditions
2.
Exhibit 02 WWW ESG Report
3.
Exhibit 03 Grainger Safety Assessment
4.
Exhibit 06 Grainger US Branch 7 DC Locations
Other Requested or Referred-to Information
Exhibit 04-1 Sample Invoice
Exhibit 04-2 Sample Invoice
Exhibit 05 Item Purchase History (IPH) Report
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 29 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
G.
G.1. COOPERATIVE PURCHASING
Contractor will, when requested, provide goods and services at the same prices and under the same
terms and conditions as set forth in this Contract to any public or nonprofit agency that, at the time of
request, has a Cooperative Purchasing Agreement with the City or participates in the Strategic Alliance
for
Volume
Expenditures
(SAVE)
cooperative.
See
http://www.tucsonprocurement.com/coop_partners.aspx and
agencies
that
have
Cooperative
Purchasing
Agreements
with
the
City;
see
http://www.mesaaz.gov/home/showdocument?id=23638 for a list of agencies participating in SAVE.
These lists are subject to change. Contractor may, however, charge an agency that is outside the
Tucson Metropolitan Area for additional out-of-pocket expenses that will be incurred by Contractor in
providing goods and services to the agency (i.e., freight charges, travel related expenses, etc.).
Each participating agency that orders goods or services under this Contract as provided above is solely
responsible for paying Contractor for those goods and services. The City is not responsible for any
disputes arising out of transactions made by others.
G.2. FOB DESTINATION FREIGHT PREPAID
Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall
retain title and control of all goods until they are delivered and the Contract of coverage has been
completed. All risk of transportation and all related charges shall be the responsibility of the Contractor.
All claims for visible or concealed damage shall be filed by the Contractor. The City will assist the
Contractor in arranging for inspection.
G.3. FEDERAL TRANSIT ADMINISRATION (FTA) REQUIREMENTS
Any contract awarded pursuant to this solicitation will contain the FTA Terms and Conditions listed in
the corresponding attachment titled, "FTA Terms, Conditions and Certifications".
G.4. PRICE ADJUSTMENT
At least 90 days before the date that the Contract is eligible for extension, Contractor may submit to
the Contract Officer a request for price adjustments based on documented increased Contractor costs
and the City may, at its discretion, make price adjustments, which will apply during the extension term.
G.5. TERM AND RENEWAL
The term of the Contract will commence when awarded to Contractor and remain in effect for a period
of three (3) years, unless terminated, canceled or extended as otherwise provided herein. The City
may, at its sole option, extend the Contract's term for up to two (2) additional one-year periods or
portions thereof.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 30 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
Agencies accessing the contract through OMNIA Partners, please reference OMNIA Partners
Attachment F, Exhibit A, 1.4 Award Basis, 2nd paragraph.
G.6. FEDERAL, STATE AND LOCAL TAXES, LICENSES AND PERMITS
The Supplier shall comply with all Federal, State, and local licenses and permits required for the
operation of the business conducted by the Supplier as applicable to this Contract. The Supplier shall,
at no expense to the City, OMNIA Partners, or other Participating Public Agencies, procure and keep
in force during the entire period of the Agreement all such permits and licenses.
G.7. SUBCONTRACTORS
No subcontract shall be made by the contractor with any other party for furnishing any of the services
herein contracted for without the advance written approval of the Department of Procurement. All
subcontractors shall comply with Federal and State laws and regulations that are applicable to the
services covered by the subcontractor and shall include all the terms and conditions set forth herein
which shall apply with equal force to the subcontract, as if the subcontractor were the
Contractor referred to herein. Contractor is responsible for contract performance whether or not
subcontractors are used.
G.8. RIGHT TO TERMINATE FOR CHANGE IN OWNERSHIP OR MATERIAL
RESTRUCTURE OF THE CONTRACTOR
In addition to the Termination of Contract clause in the Standard Terms and Conditions section of this
solicitation and resulting contract, the City reserves the right to cancel the whole or part of this contract
within 60 days written notice of the completion of any material change of ownership in the
company, including its sale, merger, consolidation or dissolution.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 31 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
H.
H.1. Required Insurance Policies
Contractor will obtain and maintain during the entire term of this Contract and for 2 years after the
Contract term ends, the following insuranc
not less than A-VII:
H.2. Commercial General Liability
Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual
Liability with coverage limits no lower than:
A. Each Occurrence: $1,000,000
B. General Aggregate: $2,000,000
C. Products & Completed Operations Aggregate: $2,000,000
D. Personal and Advertising Injury: $1,000,000
E. Blanket Contractual Liability: $1,000,000
H.3. Commercial Automobile Liability
Policy must include bodily injury and property damage, for any owned, hired, and/or non-owned
vehicles used in performance of work under this Contract, with a Combined Single Limit no lower than
$1,000,000.
H.4. Worker's Compensation
Policy must have coverage limits no lower than:
A. Per Occurrence: Statutory
B. Employer's Liability: $1,000,000
C. Disease Each Employee: $1,000,000
D. Disease Policy Limit: $1,000,000
E. [If Contractor is a Sole Proprietor, include this waiver provision under A.R.S. § 23-961(M). To
determine whether the Contractor is a Sole Proprietor, please request the Sole
Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.] I am
a sole proprietor, and I am doing business as [name of sole proprietor business]. I am
performing work as an independent contractor for the City of Tucson. I am not the employee of
the City of Tucson for workers' compensation purposes, and, therefore, I am not entitled to
workers' compensation benefits from the City. I understand that if I have any employees
working for me, I must maintain workers' compensation insurance on them.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 32 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
H.5. Policy Change Notice
Contractor will give the City 30 days advance written notice before any of the above policies are
changed in any manner that is inconsistent with the requirements of this Contract. The notice must be
sent directly to the Procurement Division of the Business Services Department.
H.6. Additional Insured
The Commercial General Liability, Commercial Automobile Liability and umbrella policies where
applicable will include the City as an additional insured with respect to liability arising out of the
performance of this contract. The City must be covered to the full policy limits, even if those limits of
liability are in excess of those required by this Contract. The coverage must be primary and any
insurance carried by City is excess and not contributing.
H.7. Claims-Made Coverage
If any or part of the required insurance is written on a claims-made basis, any policy retroactive date
must precede the date of the contract and the Contractor must maintain such coverage for a period not
less than three (3) years following contract expiration, termination or cancellation.
H.8. Additional Requirements
Each insurance policy required by this Contract, excluding Professional Liability (Errors & Omissions),
must include or be endorsed to include to provide the following:
A. A waiver of subrogation endorsement in favor of the City, for losses arising from work
B. The policy is primary and any insurance carried by the City is excess and not contributing.
C. The coverage provided by the policy is not limited to the liability assumed under the
indemnification provisions of this Contract.
D. The insurer will provide written notice to the City at least ten (10) calendar days before the
policy is terminated or cancelled or the coverage is reduced.
H.9. Verification of Coverage
A. Contractor will give the City certificates of insurance (ACORD form or equivalent approved by
the City), signed by an authorized representative of the insurer, showing that the Contractor
has all the insurance required by this Contract.
B.
Business Services Department before the Contractor commences work under this Contract.
C. The certificates must contain the City project/contract number and project description.
D. The City reserves the right to require complete copies of all insurance policies required by this
Contract at any time.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 33 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
H.10. Subcontractors
Contractor must give the City separate certificates and endorsements for each subcontractor showing
that each subcontractor has the insurance coverage described above.
H.11. Public Entities
If Contractor or any sub-contractor is a public entity that self-insures as permitted by law, then the
insurance requirements in this Section 8 will not apply to that entity and that entity must instead provide
a Certificate of Self- Insurance.
H.12. Sufficiency of Coverage
The City in no way warrants that the required minimum insurer rating in this Contract is sufficient to
protect the Contractor from potential insurer insolvency, nor that the required liability limits are sufficient
to protect Contractor.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 34 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
I.
I.1.
ADVERTISING
Contractor will not advertise or publish information concerning this Contract without prior written
I.2.
COMPLIANCE WITH LAWS
The parties will comply with all federal, state and local laws, rules, regulations, standards and Executive
Orders including, without limitation, the following:
A. Americans with Disabilities Act. Contractor will comply with all applicable provisions of the
Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 -- 12213) and applicable
Federal regulations under the Act, including 28 CFR Parts 35 and 36.
B.
g that
they and any subcontractors working under this Contract are in compliance.
C. Affirmative Action. Contractor will comply with Chapter 28, Article XII of the Tucson City Code
Chapter 28.
I.3.
GOVERNING LAW AND VENUE
This Contract is governed by the laws of the State of Arizona and the City and Contractor will have all
remedies afforded to each by the Tucson Procurement Code and the laws of the State of Arizona. Any
lawsuits regarding this Contract must be brought in a court of competent jurisdiction in Pima County,
Arizona.
I.4.
ARBITRATION
Notwithstanding any other provision in this Contract, no agreement by the City to arbitrate a dispute is
binding unless given expressly and in writing after execution of this Contract. However, if both parties
agree, disputes may be resolved through arbitration following the process in A.R.S. § 12-1501, et seq.
Contractor must continue to perform under this Contract without interruption, notwithstanding the
provisions of this section.
I.5.
ASSIGNMENT
Contractor may not assign its rights or obligations under this Contract without the prior written
permission of the City's Business Services Director. The City will not unreasonably withhold approval
for a requested assignment.
I.6.
SUBCONTRACTS
Contractor may not enter into any subcontracts for work under this Contract without the advance written
approval of the City's Business Services Director. All subcontracts will incorporate all the terms and
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 35 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
conditions of this Contract. Contractor is responsible for contract compliance and quality of work of any
subcontractors used.
I.7.
PROTECTION OF CITY PROPERTY
If this Contract requires Contractor to perform any work on City-owned property, Contractor will use
reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees,
shrubs, and grass) on the property. Contractor will replace or repair any damage caused by Contractor
or any employee, agent, or subcontractor of Contractor, at no expense to the City. If Contractor fails or
refuses to make such repair or replacement, the City will estimate the cost of repair and, upon receiving
an invoice from the City for that estimated cost, Contractor will pay the City the invoiced amount. City
may, at its discretion, instead deduct the amount from any payments due Contractor under this or any
other City contract.
Contractor will, during the course of its work on City property, keep the work area, including any storage
areas used by the Contractor, free from accumulation of waste material or rubbish. Upon completion of
the work, Contractor will leave the work area in a clean and neat condition, free of any debris, and will
remove any non-City-owned materials or equipment or other personal property that it has caused to be
located on the City property.
I.8.
COMMENCEMENT OF WORK
Contractor will not commence any billable work or provide any material or service under this Contract
until Contractor receives a purchase order or is otherwise directed to do so, in writing, by the City.
I.9.
CONFIDENTIALITY OF RECORDS
Contractor will establish and maintain procedures to ensure that no information contained in its records
or obtained from the City or from others in carrying out its functions under this Contract is used or
disclosed by it, its agents, officers, or employees, except as required to efficiently perform its duties
under the Contract, and will take appropriate measures to protect any personal identifying information
of any individuals.
I.10. CONTRACT ADDENDA; ADDITIONAL WORK
This Contract may only be amended by a written agreement signed by the parties. The
Services Director or their designee may, on behalf of the City (1) approve and execute any addenda,
change orders, or supplemental written agreements; and (2) grant time extensions or contract
renewals. Except in the case of a documented emergency, Contractor will not perform any work under
this Contract that exceeds the scope of work or contract amount unless a formal addendum or change
order has first been approved and executed by the City.
I.11. ENTIRE CONTRACT; INTERPRETATION
This Contract, which includes all the conditions and requirements set forth in the Solicitation and all
addenda to the Solicitation, all the Special Terms and Conditions and Standard Terms and Conditions,
and all the terms of the Offer submitted by Contractor as finally negotiated and accepted by the City,
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 36 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
constitutes the entire agreement of the parties regarding the services described in the Scope of Work
and will prevail over any and all previous agreements, contracts, proposals, negotiations, purchase
orders, or master agreements in any form.
No course of prior dealings between the parties and no usage of the trade will be deemed to supplement
or explain any term used in the Contract.
I.12. SEVERABILITY
The provisions of this Contract are severable. If any provision or application of a provision of this
Contract is held to be invalid, that will not affect the validity of any other provision or application of a
provision that can remain meaningfully effective without the invalidated provision or application.
I.13. DUPLEXED/RECYCLED PAPER
Whenever practicable, all printed materials produced by Contractor in the performance of this Contract
will be duplexed (two-sided copies), printed on recycled paper, and labeled as such.
I.14. NON-DISCRIMINATION
Contractor will comply with all provisions and requirements of Arizona Executive Order 2009-09, which
is hereby incorporated into this Contract, including flow-down of all provisions and requirements to any
subcontractors. During the term of this Contract, Contractor will not discriminate against any employee,
client, or any other individual in any way because of race, color, religion, ancestry, sex, age, disability,
national origin, sexual orientation, gender identity, familial status, and/or marital status.
I.15. DELIVERABLES PROPERTY OF CITY; NO LIENS
All services, information, computer program elements, reports and other deliverables created under
this Contract are the sole property of the City and may not be used or released by Contractor except
with the City
All deliverables supplied to the City under this Contract will be free of all liens and encumbrances.
I.16. FEDERAL IMMIGRATION LAWS AND REGULATIONS
Contractor warrants and will require each subcontractor performing work on this Contract to warrant
that it will comply with all federal immigration laws and regulations that relate to its employees and with
the requirements of A.R.S. § 23-214(A). A breach of this warranty will be deemed a material breach of
this Contract that is subject to penalties up to and including termination of this Contract. City may
inspect the records of any employee of Contractor or any subcontractor performing work on this
I.17. FORCE MAJEURE
Except for payment of sums due, neither party will be liable to the other nor deemed in default under
this Contract if and to the extent that such party's performance of this Contract is prevented by reason
of Force Majeure. The term "Force Majeure" means an occurrence that is beyond the control of the
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 37 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
party affected and occurs without its fault or negligence. Force Majeure does not include late
performance by a subcontractor unless the delay arises out of a Force Majeure occurrence.
If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party
must notify the other party in writing of the delay as soon as practical, including when the delay
commenced and its cause. The notice must make a specific reference to this article to fall within its
protection. The delayed party must resume performance as soon as practicable and must notify the
other party in writing when it has done so. The parties will modify the Contract to agree upon the period
of time by which the excused delay extends any completion dates.
I.18. GRATUITIES
The City may, by written notice to the Contractor, terminate this Contract if it finds that gratuities, in the
form of entertainment, gifts, meals or otherwise, were offered or given by Contractor or any agent or
representative of Contractor, to any officer or employee of the City to influence the award of this
Contract or any determinations with respect to the performance of this Contract. In the event this
Contract is terminated by the City pursuant to this provision, the City will be entitled, in addition to any
other rights and remedies, to recover or withhold from Contractor the amount of the gratuity.
I.19. CONFLICTS OF INTEREST
The City may terminate this Contract without penalty or further obligation pursuant to A.R.S. § 38-511
if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract
on behalf of the City is or becomes, at any time while the Contract or any extension of the Contract is
in effect, an employee of, or a contractor to, Contractor with respect to the subject matter of this
Contract. Termination will be effective when written notice from the City's Business Services Director
is received by Contractor, unless the notice specifies a later time.
I.20. INDEMNIFICATION
To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, will
indemnify, defend, and hold harmless the City and its officials, employees, volunteers, and agents, from
and against all allegations, demands, proceedings, suits, actions, claims (including but not limited to
claims of patent, trademark, or copyright infringement), liability, damages, losses, expenses (including
but not limited to attorney fees and court costs, including the cost of appellate proceedings, and all
claim-adjusting-and-handling expenses) or disbursements of any kind or nature, that may be asserted
against, imposed on, or incurred by any of them, in any way relating to or arising from any actions,
errors, mistakes or omissions of Contractor or any subcontractor or anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable relating to work, services
and/or products provided under this Contract.
Contractor is responsible for primary loss investigation, defense and judgment costs where this
indemnification is applicable. Contractor agrees to waive all rights of subrogation against the City, its
agents, officials, employees, and volunteers for losses arising from the work performed by Contractor
under this Contract.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 38 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
I.21. INTELLECTUAL PROPERTY
If manufacture, sale, or use of any method, process, machine, technique, design, living thing, genetic
Product
uties
under this Contract is determined to constitute infringement and if further manufacture, sale, or use of
said Product is enjoined, Contractor will, at its own expense, either procure for the City the right to
continue manufacture, sale, or use of that Product, replace it with an alternative non-infringing Product,
or modify it so it becomes non-infringing.
If requested by City, Contractor will provide the City with satisfactory evidence of patent licenses or
patent releases covering City-specified proprietary materials, equipment, devices or processes.
I.22. INDEPENDENT CONTRACTOR
Neither party is the agent, employee, partner, joint venturer, or associate of the other. No employee or
agent of one party will be deemed or construed to be the employee or agent of the other party for any
purpose. Neither party will be liable for any debts, accounts, obligations or other liabilities whatsoever
of the other, including (without limitation) the other party's obligation to withhold Social Security and
income taxes for itself or any of its employees.
I.23. INSPECTION AND ACCEPTANCE
All materials and services provided to the City under this Contract are subject to final inspection and
acceptance by the City. Any materials or services failing to conform to the specifications of this Contract
deemed a default and result in Contract termination.
I.24. ISRAEL BOYCOTT DIVESTMENT
If this Contract has a value of $100,000 or more, Contractor certifies that it is not currently engaged in,
and will not during the term of this Contract engage in, a boycott of goods or services from Israel as
defined in A.R.S. § 35-393.
I.25. LICENSES
Contractor will maintain in current status all Federal, State, and local licenses and permits required for
the operation of the business conducted by the Contractor as applicable to this Contract. Contractor
will, at the request of the City at any time during the term of this Contract, give the City a valid copy of
its business license or, if it is exempt, a written determination from the City Business License Section
that a business license is not required.
I.26. NON-EXCLUSIVE CONTRACT
This Contract is for the sole convenience of the City, which may obtain like goods or services from other
sources.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 39 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
I.27. OVERCHARGES BY ANTITRUST VIOLATIONS
To the extent permitted by law, Contractor hereby assigns to the City any and all claims that Contractor
has for overcharges by any subcontractor or supplier of goods or services used by Contractor to fulfill
this Contract that relate to antitrust violations.
I.28. PAYMENT
A.
of ordering or based on an invoice delivered with the goods and services. Unless otherwise
specified elsewhere in this Contract, the City is permitted to make payments to Contractor
using any lawful method of payment, including check/warrant, credit card, or electronic funds
transfer.
B. Invoices. Unless City pays by credit card at time of order or point of sale, Contractor will issue
to the City a separate invoice for each shipment of materials or provision of services under this
Contract, and City will issue no payment prior to receipt of the goods or services and the
related invoice. The invoice may not be dated prior to the receipt of goods or completion of
services.
C. Timing of Payments. The City will make commercially reasonable efforts to process payments
due under this Contract within 21 calendar days after receipt of materials or services and a
correct invoice.
D. Payment Discounts. Any early- or timely-
apply to all payments under this Contract. The payment period for purposes of determining
whether the discount applies to a particular payment will begin on the date the City receives
the materials/service or a correct invoice for the materials/service, whichever is later, and will
d transportation-related charges are
itemized, the discount will be calculated using the full invoice amount.
I.29. PROVISIONS REQUIRED BY LAW
This Contract will be deemed to include every provision required by law to be included. If through
mistake or otherwise any such provision is not included, or is included incorrectly, then upon request
by either party the parties will amend the Contract to insert or correct the required provision.
I.30. FINANCIAL RECORDS AND AUDITS
A. Financial Controls and Accounting Records. Contractor will exercise internal controls over all
financial transactions related to this Contract in accordance with sound fiscal policies.
Contractor will maintain books, records, documents, and other evidence directly pertinent to
the performance this Contract in accordance with generally accepted accounting principles and
practices consistently applied, and other local, state or federal regulations.
B. Retention Period. Contractor will maintain those records, together with related or supporting
documents and information, at all times during the term of this Contract and for a period of 3
years after its expiration or termination.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 40 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
C. Audits. Upon written notice from City, Contractor will obtain and provide to City a contract-
specific or general financial audit. The notice from City will specify the period to be covered by
the audit, the type of audit and the deadline for completion and submission of the audit results
to City. The audit must be performed by a qualified, independent accounting firm and include
Contra
D. Access to Books and Records. The City and its authorized representatives may, with advance
written notice to Contractor, during the term of this Contract or thereafter during the above
retention period, inspect and audit Contractor's books and records that relate to its operations
under this Contract as well as those kept by or under the control of its agents, assigns,
successors and subcontractors. The Contractor will, at its expense, make such books and
rec
office, place of business, or other agreed-upon location, or will provide copies by mail or
electronically. The City may, as part of its examination, make copies of, or extracts from, all
such books and records (in whatever form they may be kept, whether written, electronic, or
other).
E. Result of Audit. If, as a result of such audit, Contractor is liable to the City for the payment of
any sum, Contractor will pay such sum to the City together with interest thereon at the rate of
one percent (1%) per month from the date such sums should have been paid, or the date of
the audit results in findings of fraud, misrepresentation, or non performance, Contractor will
termination of this Contract.
F. Subcontractors and Assigns. Contractor will include these requirements in every agreement
with any agent, assign, successor, and subcontractor who provides construction, professional
design services, or other goods or services under this Contract.
I.31. RIGHT TO ASSURANCE
If a party to this Contract has reason to question, in good faith, the other party's intent to perform, the
former party may demand that the other party give a written assurance of their intent to perform. In the
event that a demand is made and no written assurance is given within 5 business days, the demanding
party may treat this failure as a default.
I.32. RIGHT TO INSPECT
The City may from time to time during normal business hours, at the City's expense, inspect the
performed.
I.33. NO WAIVER
No provision in this Contract acts expressly or by implication as a waiver by either party of any existing
or future right and/or remedy available at law in the event of any default or breach of contract. If either
rict performance of any duty or condition under this Contract or
fails to exercise or delays in exercising any right or remedy provided in this Contract or by law, or
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 41 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
accepts nonconforming materials or services, that party will not be deemed to have waived its right to
insist thereafter upon the strict performance of the Contract.
I.34. SUSPENSION OF WORK
The City may order Contractor to suspend, delay, or interrupt all or any part of the work under this
Contract for the period of time that the City determines appropriate for the convenience of the City. The
I.35. TERMINATION OF CONTRACT
A. For Convenience. The City may terminate this Contract at any time, with or without cause, with
ance written notice to Contractor. If the City terminates the Contract, it will be
liable only for payment for services rendered and accepted before the effective date of the
termination.
B. For Cause. The City may terminate this Contract if any Contractor representation or warranty
is found to have been inaccurate when made or is no longer accurate, or if Contractor fails to
carry out or abide by any term or condition of the Contract and fails to remedy the problem
within 10 days after receipt of notice of default from the City for monetary defaults, or within 30
days after notice if the default is non-monetary.
C. Non-Appropriation. Each payment obligation of the City created by this Contract is conditioned
upon the availability of funds that are appropriated or allocated for the payment of such
obligation. If funds are not appropriated by the City and available for the continued purchase of
the services and/or materials provided under this Contract, this Contract may be terminated by
the City at the end of the period for which funds are available. The City will endeavor to notify
Contractor if continued service will or may be affected by non-appropriation. No penalty will
accrue to the City in the event this provision is exercised, and the City will not be liable for any
future payments due or for any damages resulting from termination under this paragraph.
I.36. TITLE AND RISK OF LOSS
The title and risk of loss of any goods provided under this Contract will not pass to the City until the City
actually receives the goods at the point of delivery and thereafter accepts them. No tender of a bill of
lading will operate as a delivery of the materials.
I.37. ACCEPTANCE
Mere physical receipt and inspection of goods or services by the City does not alter or affect the
obligations of Contractor to provide goods and services that conform to all specifications of this Contract
and the City may reject goods or services that are later found to be nonconforming.
I.38. WAGE COMPLIANCE
Contractor shall pay their eligible employees the highest of:
A. the City of Tucson minimum wage
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 42 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
B. the State of Arizona minimum wage
C. if applicable, the Tucson Living Wage
and ensure compliance with applicable labor standards to include, but not be limited to, the following:
Providing copies of pertinent documentation upon request
Cooperating with audits and interviews
Abiding by deadlines and adhering to due dates for determinations and appeals filings
Contractor agrees to educate their employees on the applicable wage(s) that law requires them to
minimally be paid.
All timely complaints that are received by the LSU will be evaluated in accordance with the procedures
www.tucsonaz.gov/minimumwage
I.39. WRITTEN CERTIFICATION PURSUANT TO A.R.S. §35-394
If Contractor engages in for-profit activities and has at least ten full time employees, Contractor certifies
that Contractor does not currently, and agrees for the duration of the contract that it will not, use: 1) the
contractors,
subcontractors or suppliers that use the forced labor or any goods or services produced by the forced
of the contract that it is not in compliance with the written certification, it must notify the City within five
business days after becoming aware of the noncompliance. This Contract will be automatically
terminated 180 days after the date of the notice unless Contractor has, before the end of that period,
notified the City that the noncompliance has been remedied.
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 43 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
J.
J.1.
Discounts
As stated in the Instructions to Offerors. Discounts, the price(s) herein can be discounted by ___
%, if
payment is made within __
____ days. These payment terms shall apply to all purchases and to all
payment methods.
J.2. Cooperative Purchasing Program
Cooperative Purchasing Program
Will your firm provide the City of Tucson, as the lead agency on this regional contract, a rebate in the
form of a percentage of sales based upon the other agencies sales?
Yes
No
If yes, state percentage.
J.3. City of Tucson Business License
Does your firm have a City of Tucson Business License?
If yes, please provide a copy of your City of Tucson Business license in the next question.
City of Tucson Business License
If yes on the above question please upload your business license.
J.4. Forms to be filled out
Please ensure that all required information is included with your offer.
A. Technical Proposal
B. Pricing Proposal
C. Offer and Acceptance Form
Technical Proposal*
Please upload your Vendor Response to Evaluation Criteria.
*Response required
Pricing Proposal*
Please upload your Pricing Proposal (if applicable).
*Response required
CITY OF TUCSON
REQUEST FOR PROPOSAL NO. 240078
BUSINESS SERVICES DEPARTMENT
Page 44 of 45
SHARED SERVICES PROCUREMENT DIVISION
RESPONSIBLE CONTRACT OFFICER: Matthew Sage
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
PH: (520) 837-4081
Offer and Acceptance Form*
Please upload the signed Offer and Acceptance Form.
*Response required
OFFER AND ACCEPTANCE
OFFER
TO THE CITY OF TUCSON:
The Undersigned hereby offers and shall furnish the material or service in compliance with all terms, scope of work, conditions,
specifications, and addendum in the Request for Proposal which is incorporated by reference as if fully set forth herein.
For clarification of this offer, contact:
Name:
Company Name
Title:
Address
Phone:
City
State
Zip
Fax:
Signature of Person Authorized to Sign
E-mail:
Printed Name
Title
ACCEPTANCE OF OFFER
The Offer is hereby accepted. The Contractor is now bound to sell the materials or services specified in the
Contract. This Contract shall be referred to as Contract No. ________________.
CITY OF TUCSON, a municipal corporation
Approved as to form:
Awarded:
This ________ day of _______________ 20_____
This ________ day of _______________ 20_____
As Director of Business Services and not
As Tucson City Attorney and not personally
240078 -- 01
2nd
24
October
Version June 28, 2023
1
PPA ATTACHMENT F
Requirements for National Cooperative Contract To Be Administered by OMNIA Partners
The following documents are used in evaluating and administering national cooperative contracts
and are included for Supplier’s review and response.
Exhibit A – Response for National Cooperative Contract
Exhibit B – Administration Agreement, Example
Exhibit C – Master Intergovernmental Cooperative Purchasing Agreement, Example
Exhibit D – Principal Procurement Agency Certificate, Example
Exhibit E – Contract Sales Reporting Template
Exhibit F – Federal Funds Certifications
Exhibit G – New Jersey Business Compliance
Exhibit H – Advertising Compliance Requirement
CONFIDENTIALITY
Information contained in this proposal is owned by W.W. Grainger, Inc.(“Grainger”). Sections annotated as “CONFIDENTIAL” are Confidential and Proprietary, Trade Secret
protected. The contents of this proposal are solely intended for use by the City of Tucson / OMNIA Partners or Members to assist in the evaluation of Grainger’s proposal and
subsequent ordering of products from Grainger and may not be disclosed to any person not an employee of the City of Tucson / OMNIA Partners and Member without the prior
written consent of Grainger.
This proposal will remain valid for 90 days from date of submission. After 90 days, if the offer is not accepted as stated, Grainger reserves the right to rescind or adjust this offer
with no obligation to the City of Tucson / OMNIA Partners or Members.
If Grainger experiences a material increase in its cost to supply any Catalog Product as a result of, among other things, changes in laws or regulations, impositions of tariffs,
increases in commodity prices, extraordinary events (e.g., COVID-19 pandemic) that significantly impact the global supply chain, or other changes in conditions not reasonably
foreseeable to Grainger and, following notice to the City of Tucson and Omnia Partners, Grainger reserves the right to revise proposal prices.
Version June 28, 2023
2
Exhibit A
Response for National Cooperative Contract
1.0
Scope of National Cooperative Contract
Capitalized terms not otherwise defined herein shall have the meanings given to them in the
Master Agreement or in the Administration Agreement between Supplier and OMNIA
Partners.
1.1
Requirement
The City of Tucson (hereinafter defined and referred to as “Principal Procurement
Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance
Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA
Partners”), is requesting proposals for Maintenance Repair and Operations (MRO)
Supplies, Parts, Equipment, and Materials. The intent of this Request for Proposal is
any contract between Principal Procurement Agency and Supplier resulting from this
Request for Proposal (“Master Agreement”) be made available to other public agencies
nationally, including state and local governmental entities, public and private primary,
secondary and higher education entities, non-profit entities, and agencies for the public
benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing
program. The Principal Procurement Agency has executed a Principal Procurement
Agency Certificate with OMNIA Partners, an example of which is included as Exhibit
D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by
any Public Agency is preceded by their registration with OMNIA Partners as a
Participating Public Agency in OMNIA Partners’ cooperative purchasing program.
Registration with OMNIA Partners as a Participating Public Agency is accomplished
by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing
Agreement, an example of which is attached as Exhibit C, and by using the Master
Agreement, any such Participating Public Agency agrees that it is registered with
OMNIA Partners, whether pursuant to the terms of the Master Intergovernmental
Purchasing Cooperative Agreement or as otherwise agreed to. The terms and pricing
established in the resulting Master Agreement between the Supplier and the Principal
Procurement Agency will be the same as that available to Participating Public
Agencies through OMNIA Partners.
All transactions, purchase orders, invoices, payments etc., will occur directly between
the Supplier and each Participating Public Agency individually, and neither OMNIA
Partners, any Principal Procurement Agency nor any Participating Public Agency,
including their respective agents, directors, employees or representatives, shall be
liable to Supplier for any acts, liabilities, damages, etc., incurred by any other
Participating Public Agency. Supplier is responsible for knowing the tax laws in each
state.
This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA
Partners’ requirements to market the resulting Master Agreement nationally to Public
Agencies. Each section in this Exhibit A refers to the capabilities, requirements,
obligations, and prohibitions of competing Suppliers on a national level in order to
serve Participating Public Agencies through OMNIA Partners.
Version June 28, 2023
3
These requirements are incorporated into and are considered an integral part of this
RFP. OMNIA Partners reserves the right to determine whether to make the Master
Agreement awarded by the Principal Procurement Agency available to Participating
Public Agencies, in its sole and absolute discretion, and any party submitting a
response to this RFP acknowledges that any award by the Principal Procurement
Agency does not obligate OMNIA Partners to make the Master Agreement available
to Participating Procurement Agencies.
1.2
Marketing, Sales and Administrative Support
During the term of the Master Agreement OMNIA Partners intends to provide
marketing, sales, partnership development and administrative support for Supplier
pursuant to this section that directly promotes the Supplier’s products and services to
Participating Public Agencies through multiple channels, each designed to promote
specific products and services to Public Agencies on a national basis.
OMNIA Partners will assign the Supplier a Director of Partner Development who will
serve as the main point of contact for the Supplier and will be responsible for managing
the overall relationship between the Supplier and OMNIA Partners. The Director of
Partner Development will work with the Supplier to develop a comprehensive strategy
to promote the Master Agreement and will connect the Supplier with appropriate
stakeholders within OMNIA Partners including, Sales, Marketing, Contracting,
Training, and Operations & Support.
The OMNIA Partners marketing team will work in conjunction with Supplier to
promote the Master Agreement to both existing Participating Public Agencies and
prospective Public Agencies through channels that may include:
A. Marketing collateral (print, electronic, email, presentations)
B. Website
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media
The OMNIA Partners sales teams will work in conjunction with Supplier to promote
the Master Agreement to both existing Participating Public Agencies and prospective
Public Agencies through initiatives that may include:
A. Individual sales calls
B. Joint sales calls
C. Communications/customer service
D. Training sessions for Public Agency teams
E. Training sessions for Supplier teams
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The OMNIA Partners contracting teams will work in conjunction with Supplier to
promote the Master Agreement to both existing Participating Public Agencies and
prospective Public Agencies through:
A. Serving as the subject matter expert for questions regarding joint powers authority
and state statutes and regulations for cooperative purchasing
B. Training sessions for Public Agency teams
C. Training sessions for Supplier teams
D. Regular business reviews to monitor program success
E. General contract administration
Suppliers are required to pay an Administrative Fee of 3% of the greater of the
Contract Sales under the Master Agreement and Guaranteed Contract Sales under this
Request for Proposal. Supplier will be required to execute the OMNIA Partners
Administration Agreement (Exhibit B). At Supplier’s option, Suppliers may pay
additional fees beyond administrative fees, such as technology fees, to OMNIA
Partners and/or a third party for additional support and/or access to OMNIA Partners’
technology platform.
1.3
Estimated Volume
The dollar volume purchased under the Master Agreement is estimated to be
approximately $250 million annually. While no minimum volume is guaranteed to
Supplier, the estimated annual volume is projected based on the current annual
volumes among the Principal Procurement Agency, other Participating Public
Agencies that are anticipated to utilize the resulting Master Agreement to be made
available to them through OMNIA Partners, and volume growth into other Public
Agencies through a coordinated marketing approach between Supplier and OMNIA
Partners.
1.4
Award Basis
The basis of any contract award resulting from this RFP made by Principal
Procurement Agency will, at OMNIA Partners’ option, be the basis of award on a
national level through OMNIA Partners. If multiple Suppliers are awarded by
Principal Procurement Agency under the Master Agreement, those same Suppliers will
be required to extend the Master Agreement to Participating Public Agencies through
OMNIA Partners. Utilization of the Master Agreement by Participating Public
Agencies will be at the discretion of the individual Participating Public Agency.
Certain terms of the Master Agreement specifically applicable to the Principal
Procurement Agency (e.g., governing law) are subject to modification for each
Participating Public Agency as Supplier and such Participating Public Agency may
agree without being in conflict with the Master Agreement as a condition of the
Participating Agency’s purchase and not a modification of the Master Agreement
applicable to all Participating Agencies. Participating Agencies may request to enter
into a separate supplemental agreement to further define the level of service
requirements over and above the minimum defined in the Master Agreement (e.g.,
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governing law, invoice requirements, order requirements, specialized delivery,
diversity requirements such as minority and woman owned businesses, historically
underutilized business, etc.) (“Supplemental Agreement”).
It shall be the
responsibility of the Supplier to comply, when applicable, with the prevailing wage
legislation in effect in the jurisdiction of the Participating Agency. It shall further be
the responsibility of the Supplier to monitor the prevailing wage rates as established
by the appropriate department of labor for any increase in rates during the term of the
Master Agreement and adjust wage rates accordingly. In instances where
supplemental terms and conditions create additional risk and cost for Supplier,
Supplier and Participating Public Agency may negotiate additional pricing above and
beyond the stated contract not-to-exceed pricing so long as the added price is
commensurate with the additional cost incurred by the Supplier. Any supplemental
agreement developed as a result of the Master Agreement is exclusively between the
Participating Agency and the Supplier (Contract Sales are reported to OMNIA
Partners).
All signed Supplemental Agreements and purchase orders issued and accepted by the
Supplier may survive expiration or termination of the Master Agreement. Participating
Agencies’ purchase orders may exceed the term of the Master Agreement if the
purchase order is issued prior to the expiration of the Master Agreement. All
Supplemental Agreements may have a full potential term (any combination of initial
and renewal periods) not to exceed the five years. Supplier is responsible for reporting
all sales and paying the applicable Administrative Fee for sales that use the Master
Agreement as the basis for the purchase order, even though Master Agreement may
have expired.
1.5
Objectives of Cooperative Program
This RFP is intended to achieve the following objectives regarding availability through
OMNIA Partners’ cooperative program:
A. Provide a comprehensive competitively solicited and awarded national agreement
offering the Products covered by this solicitation to Participating Public Agencies;
B. Establish the Master Agreement as the Supplier’s primary go to market strategy to
Public Agencies nationwide;
C. Achieve cost savings for Supplier and Public Agencies through a single solicitation
process that will reduce the Supplier’s need to respond to multiple solicitations and
Public Agencies need to conduct their own solicitation process;
D. Combine the aggregate purchasing volumes of Participating Public Agencies to
achieve cost effective pricing.
2.0
REPRESENTATIONS AND COVENANTS
As a condition to Supplier entering into the Master Agreement, which would be available to
all Public Agencies, Supplier must make certain representations, warranties and covenants to
both the Principal Procurement Agency and OMNIA Partners designed to ensure the success
of the Master Agreement for all Participating Public Agencies as well as the Supplier.
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2.1
Corporate Commitment
Supplier commits that (1) the Master Agreement has received all necessary
corporate authorizations and support of the Supplier’s executive management,
(2) the Master Agreement is Supplier's primary “go to market” strategy for
Public Agencies, (3) the Master Agreement will be promoted to all Public
Agencies, including any existing customers, and Supplier will transition
existing customers, upon their request, to the Master Agreement, and (4) that
the Supplier has read and agrees to the terms and conditions of the
Administration Agreement with OMNIA Partners and will execute such
agreement concurrent with and as a condition of its execution of the Master
Agreement with the Principal Procurement Agency. Supplier will identify an
executive corporate sponsor and a separate national account manager within the
RFP response that will be responsible for the overall management of the Master
Agreement.
2.2
Pricing Commitment
Supplier commits the not-to-exceed pricing provided under the Master
Agreement pricing is its lowest available (net to buyer) to Public Agencies
nationwide and further commits that if a Participating Public Agency is eligible
for lower pricing through a national, state, regional or local or cooperative
contract, the Supplier will match such lower pricing to that Participating Public
Agency under the Master Agreement.
2.3
Sales Commitment
Supplier commits to aggressively market the Master Agreement as its go to
market strategy in this defined sector and that its sales force will be trained,
engaged and committed to offering the Master Agreement to Public Agencies
through OMNIA Partners nationwide. Supplier commits that all Master
Agreement sales will be accurately and timely reported to OMNIA Partners in
accordance with the OMNIA Partners Administration Agreement. Supplier also
commits its sales force will be compensated, including sales incentives, for sales
to Public Agencies under the Master Agreement in a consistent or better manner
compared to sales to Public Agencies if the Supplier were not awarded the
Master Agreement.
3.0
SUPPLIER RESPONSE
Supplier must supply the following information for the Principal Procurement Agency
to determine Supplier’s qualifications to extend the resulting Master Agreement to
Participating Public Agencies through OMNIA Partners.
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3.1
Company
A. Brief history and description of Supplier to include experience providing
similar products and services.
“ENTIRE SECTION IS CONFIDENTIAL”
B. Total number and location of salespersons employed by Supplier.
Among Grainger’s 3,2
experienced salespersons, Grainger’s
Government Inside and Outside Sales Staff are solely dedicated to the
public sector market. Through all 50 states, the District of Columbia and US
Territories, this government-dedicated sales team understands specific
customer challenges and drives overall savings in procuring products.
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The following chart presents the sellers’ locations per state.
C. Number and location of support centers (if applicable) and location of
corporate office.
Grainger has three Customer Contact Centers that support over 1,800
Customer Support Associates. These contact centers are in Janesville,
Wisconsin, Lake Forest, Illinois, and Phoenix, Arizona. Grainger contact
centers are available 24 hours a day, 7 days a week to assist customers
through phone, chat, and email.
Grainger’s corporate headquarters is located in Lake Forest, IL.
D. Annual sales for the three previous fiscal years.
Grainger’s annual sales for the previous three fiscal years:
2021: $13B | 2022: $15.2B | 2023: $16.5B
Submit FEIN and Dunn & Bradstreet report.
FEIN: 36-1150280
D&B: 005-10-3494 | Please see Exhibit O01 D&B report
included with our submission.
E. Describe any green or environmental initiatives or policies.
Grainger recognizes the urgency of climate change and are dedicated to
reducing our carbon, water and waste footprint in our operations and
throughout our value chain. We are focused on reducing our dependence on
non-renewable energy, improving energy efficiency and embedding
sustainability into every aspect of our operations. Since 2009, Grainger has
annually disclosed to the Carbon Disclosure Project (CDP), providing
details on business risks and opportunities related to climate change.
Grainger is proud to have received an A- rating from the CDP in 2022,
which places us in the leadership level and indicates climate stewardship
best practice.
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Our initiatives to reduce dependence on non-renewable energy consumption
include: 1. Increasing solar energy use at our facilities, 2. Improving
technology and efficiency in our building management systems, 3.
Implementing high-efficiency HVAC life cycle replacements, and 4.
Transitioning from traditional Powered Industrial Equipment (PIE) batteries
to hydrogen fuel cells.
Our current climate target, set in 2020, is to reduce global absolute Scope 1
direct emissions (those owned or controlled by a company) and Scope 2
indirect emissions (those emissions that are a consequence of the activities
of the company but from sources owned or controlled by a company) by
50% by 2030, using a 2018 baseline. This target aligns our Scope 1 and
Scope 2 reductions with the level of reduction required to limit global
temperature rise to 1.5 degrees Celsius. Steady progress has been made
toward achieving this target. Since 2018, we have reduced global absolute
Scope 1 and Scope 2 emissions by 26%. In 2022, our total global Scope 1
and Scope 2 (market based) GHG emissions totaled nearly 92,000 metric
tons of CO2e.
Grainger recognizes the importance of reducing Scope 3 emissions to
mitigate climate risks and our environmental impact. Scope 3 considers all
indirect emissions (not included in Scopes 1 and 2) that occur upstream and
downstream from Grainger’s operations. Most of our Scope 3 impact resides
in the product-use phase, or the energy required to operate the products
Grainger sells. In 2022, we made progress in our Scope 3 strategy by further
assessing our data quality and identifying suppliers that contribute to most
of our Scope 3 emissions.
We continue this progress by refining our calculation methodology,
improving our data sources, and engaging with suppliers and partners,
particularly those critical to how we serve our customers.
F. Describe any diversity programs or partners supplier does business with and
how Participating Agencies may use diverse partners through the Master
Agreement. Indicate how, if at all, pricing changes when using the diversity
program. If there are any diversity programs, provide a list of diversity
alliances and a copy of their certifications.
Diverse Partners to Use through the Master Agreement
Grainger recognizes the importance of helping meet diverse procurement
goals or mandates. Our Diversity Solutions program supports the economic
empowerment of diverse and small businesses. We help customers meet
their diversity requirements through our breadth of products, supply chain,
services and diversity expertise including our network of diverse suppliers,
authorized resellers, and service providers.
Grainger’s Supplier Diversity Program
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Grainger’s Supplier Diversity Program affords Members
access to diverse manufacturers and suppliers through its
catalogs and distribution channels. This program is
designed to grow the sector while helping Members get
their jobs done with quality products from diverse
business enterprises (DBEs).
The economic impact of this program continues to
increase. As of 2022, Grainger’s Supplier Diversity
program features:
Approximately 7,000 Diverse Business Enterprises are
part of Grainger’s High-Touch Solutions U.S. Supplier
Diversity Program, which includes direct and indirect
spend.
More than $2 billion on products from small businesses, including
woman-, minority-, veteran-, LGBTQ+- and disabled person–owned
businesses, and HUBZone and disadvantaged businesses.
Registered suppliers are audited monthly to maintain active supplier
diversity certificates.
Products from diverse manufacturers and suppliers are identified with
this diversity symbol on Grainger.com and in the catalog and index.
On Grainger.com, customers can use the search keywords “Supplier
Diversity” or use the Supplier Diversity toggle filter to shop for products
from diverse suppliers exclusively.
Authorized Grainger Reseller Program
The Authorized Grainger Reseller Program includes a network of more
than 100 certified DBE resellers authorized to sell Grainger MRO products.
Grainger contracts with small and diverse businesses to sell directly on the
Grainger agreement to the end customer. Resellers in the Diversity
Alliances program are under contract and provide independent resale of
MRO products purchased from Grainger. These authorized resellers have
access to Grainger’s full product offering. These DBE resellers include
historically underutilized business zones (HUBs), minority-, woman-, and
veteran-owned businesses.
The authorized reseller program enables customers greater access to
products and services and provides reach to segments and contracts
mandated or prioritized for DBEs. The program allows Grainger resellers
to offer niche, value-added services and a broader selection of products.
Grainger and the authorized reseller will engage customers to discuss how
best to serve the City of Tucson and OMNIA Partner Member including the
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range of possible service and values that can be provided. DBEs often
provide other services such as installation, kitting, product assembly,
stenciling/engraving/labeling, delivery, and barcoding. These services
encompass adjustments in product and solution pricing. The plan will
outline how the customer can leverage Grainger’s diversity solutions
portfolio to achieve its goals.
OMNIA Partners’ Authorized Resellers and Certifications
Authorized Resellers above are aligned to the City of Tucson OMNIA Partners contract.
(Grainger currently supports over 100 Authorized Resellers in our Diversity program.)
G. Indicate if supplier holds any of the below certifications in any classified
areas and include proof of such certification in the response:
Minority
Women
Business
Enterprise
Yes
No
If yes, list certifying agency:
Small Business Enterprise (SBE) or Disadvantaged Business
Enterprise (DBE)
Yes
No
If yes, list certifying agency:
Historically Underutilized Business
(HUB)
Yes
No
If yes, list certifying agency:
Historically Underutilized Business Zone Enterprise
(HUBZone)
Yes
No
If yes, list certifying agency:
Other recognized diversity certificate
holder
Yes
No
If yes, list certifying agency:
X
X
X
X
X
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H. List any relationships with subcontractors or affiliates intended to be used
when providing services and identify if subcontractors meet minority-
owned standards. If any, list which certifications subcontractors hold and
certifying agency.
Grainger is an authorized distributor of MRO product and related services.
As a distributor of services, Grainger does not retain or employ
subcontractors, but instead offers Participating Entity Agencies access to
suppliers, vendors, manufacturers and service providers that are vetted,
insured, and contractually aligned with Grainger, selling product and
service solutions to Participating Entity Agencies, saving them time, money
and resources while keeping their people safe.
I.
Describe how supplier differentiates itself from its competitors.
Grainger is the largest broad line MRO distributor in the US and Canada.
Serving more than 4.5 million customers worldwide. We have the financial
strength and reach to provide value to every customer in regular and
emergency environments. This value, including dedicated salespeople and
technical support experts, enables us to know in detail every customer and
its challenges. The 1.6 million products and solutions offered is
supplemented by enormous sourcing ability extending to 16,000 suppliers.
Grainger’s fundamental, to be essential to every customer, is the basis of
investment in team members, product innovation, digital platforms and
delivery to the customer.
Beyond financial resources, depth and availability of product, are advanced
digital platforms shaped to customer ease of search and purchase. By
knowing the customer in detail, Grainger anticipates customer need and
designs its digital purchasing platforms to assist customer search, compare
and purchase processes.
Grainger is a value-based company. Our work supporting OMNIA Partners’
Members is the highest of responsibilities. If fortunate, Grainger will
continue to serve the City of Tucson and OMNIA Partners’ Members by
understanding the responsibilities and challenges of each and all that this
RFP entails. By doing the right things the right way, we benefit our
customers, communities where we live and work and our shareholders.
J.
Describe any present or past litigation, bankruptcy or reorganization
involving supplier.
W.W. Grainger, Inc. is a publicly held company with over 25,750
employees, numerous locations, involved in international operations, and is
party to thousands of contracts and other relationships. From time to time
the Company is involved in various other legal and administrative
proceedings that are incidental to its business, including claims related to
product liability, general negligence, contract disputes, environmental
issues, wage and hour laws, intellectual property, employment practices,
regulatory compliance or other matters and actions brought by employees,
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consumers, competitors, suppliers, or governmental entities. As a
government contractor selling to federal, state, and local governmental
entities, the Company is also subject to governmental or regulatory inquiries
or audits or other proceedings, including those related to pricing
compliance. It is not expected that the ultimate resolution of any of these
matters will have, either individually or in the aggregate, a material adverse
effect on the Company’s consolidated financial position or results of
operations. While Grainger cannot provide you with all of the specific
information you request with respect to each lawsuit, Grainger can state that,
to the best of its knowledge and belief, without conducting exhaustive
investigations or inquiries, there are no lawsuits that, if unfavorably
concluded against this company would have a material adverse impact on
its financial condition or ability to do business.
K. Felony Conviction Notice: Indicate if the supplier
is a publicly held corporation and this reporting requirement
is not applicable;
is not owned or operated by anyone who has been convicted of a felony; or
is owned or operated by and individual(s) who has been convicted
of a felony and provide the names and convictions.
As a publicly held corporation, this reporting requirement is not applicable.
L. Describe any debarment or suspension actions taken against supplier
No debarment or suspension actions have been taken against supplier.
3.2
Distribution, Logistics
A. Each offeror awarded an item under this solicitation may offer their
complete product and service offering/a balance of line. Describe the full
line of products and services offered by supplier.
“ENTIRE SECTION IS CONFIDENTIAL”
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3.3
Marketing and Sales
A. Provide a detailed ninety-day plan beginning from award date of the Master
Agreement
describing
the
strategy
to
immediately
Agreement as supplier’s primary go to market strategy for Public Agencies
to supplier’s teams nationwide, to include, but not limited to:
“ENTIRE SECTION IS CONFIDENTIAL”
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Appendix
Please see the following items in the Appendix
PDF:
1. Exhibit O01 Dunn and Bradstreet Report
2. Exhibit O02 Grainger US Branch Locations
3. Exhibit O03 NJ Employee Info Report Certificate
Exhibit B
Administration Agreement, Example
ADMINISTRATION AGREEMENT
THIS ADMINISTRATION AGREEMENT (this “Agreement”) is made this
day of
20 , between National Intergovernmental Purchasing Alliance Company, a Delaware
corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), and
(“Supplier”).
RECITALS
WHEREAS, the
(the “Principal Procurement Agency”) has
entered into a Master Agreement effective
, Agreement No
, by and
between the Principal Procurement Agency and Supplier, (as may be amended from time to time in
accordance with the terms thereof, the “Master Agreement”), as attached hereto as Exhibit A and
incorporated herein by reference as though fully set forth herein, for the purchase of
(the “Product”);
WHEREAS, said Master Agreement provides that any or all public agencies, including state
and local governmental entities, public and private primary, secondary and higher education entities,
non-profit entities, and agencies for the public benefit (collectively, “Public Agencies”), that register
(either via registration on the OMNIA Partners website or execution of a Master Intergovernmental
Cooperative Purchasing Agreement, attached hereto as Exhibit B) (each, hereinafter referred to as a
“Participating Public Agency”) may purchase Product at prices stated in the Master Agreement;
WHEREAS, Participating Public Agencies may access the Master Agreement which is
offered through OMNIA Partners to Public Agencies;
WHEREAS, OMNIA Partners serves as the cooperative contract administrator of the Master
Agreement on behalf of Principal Procurement Agency;
WHEREAS, Principal Procurement Agency desires OMNIA Partners to proceed with
administration of the Master Agreement; and
WHEREAS, OMNIA Partners and Supplier desire to enter into this Agreement to make
available the Master Agreement to Participating Public Agencies and to set forth certain terms and
conditions governing the relationship between OMNIA Partners and Supplier.
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual
covenants contained in this Agreement, OMNIA Partners and Supplier hereby agree as follows:
DEFINITIONS
1.
Capitalized terms used in this Agreement and not otherwise defined herein shall have
the meanings given to them in the Master Agreement.
TERMS AND CONDITIONS
2.
The Master Agreement and the terms and conditions contained therein shall apply to
this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges
and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s
response thereto resulting in the Master Agreement are incorporated herein and are an integral part
hereof.
3.
OMNIA Partners shall be afforded all of the rights, privileges and indemnifications
afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such
rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners,
its agents, employees, directors, and representatives under this Agreement including, but not limited
to, Supplier’s obligation to obtain appropriate insurance.
4.
OMNIA Partners shall perform all of its duties, responsibilities and obligations as the
cooperative contract administrator of the Master Agreement on behalf of Principal Procurement
Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties,
responsibilities and obligations will be undertaken by OMNIA Partners solely in its capacity as the
cooperative contract administrator under the Master Agreement.
5.
With respect to any purchases by Principal Procurement Agency or any Participating
Public Agency pursuant to the Master Agreement, OMNIA Partners shall not be: (i) construed as a
dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement
Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for
Product made by Principal Procurement Agency or any Participating Public Agency or any employee
thereof under the Master Agreement or for any payment required to be made with respect to such
order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement
Agency or any Participating Public Agency to comply with procedures or requirements of applicable
law or the Master Agreement or to obtain the due authorization and approval necessary to purchase
under the Master Agreement. OMNIA Partners makes no representation or guaranty with respect to
any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any
employee thereof under this Agreement or the Master Agreement.
6.
OMNIA Partners shall not be responsible for Supplier’s performance under the Master
Agreement, and Supplier shall hold OMNIA Partners harmless from any liability that may arise from
the acts or omissions of Supplier in connection with the Master Agreement.
7.
Supplier acknowledges that, in connection with its access to OMNIA Partners
confidential information and/or supply of data to OMNIA Partners, it has complied with and shall
continue to comply with all laws, regulations and standards that may apply to Supplier, including,
without limitation: (a) United States federal and state information security and privacy statutes,
regulations and/or best practices, including, without limitation, the Gramm-Leach-Bliley Act, the
Massachusetts Data Security Regulations (201 C.M.R. 17.00 et. seq.), the Nevada encryption statute
(N.R.S. § 603A), the California data security law (Cal. Civil Code § 1798.80 et. seq.) and California
Consumer Privacy Act (Cal. Civil Code § 1798.100 et. seq.); and (b) applicable industry and
regulatory standards and best practices (collectively, “Data Regulations”).
With regard to Personal Information that Supplier collects, receives, or otherwise processes
under the Agreement or otherwise in connection with performance of the Agreement, Supplier agrees
that it will not: (i) sell, rent, release, disclose, disseminate, make available, transfer, or otherwise
communicate orally, in writing, or by electronic or other means, such Personal Information to another
business or third party for monetary or other valuable consideration; or (ii) retain, use, or disclose
such Personal Information outside of the direct business relationship between Supplier and OMNIA
Partners or for any purpose other than for the specific purpose of performance of the Agreement,
including retaining, using, or disclosing such Personal Information for a commercial purpose other
than for performance of the Agreement. By entering into the Agreement, Supplier certifies that it
understands the specific restrictions contained in this Section 7 and will comply with them. For
purposes hereof, “Personal Information” means information that identifies, relates to, describes, is
reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with
a particular consumer or household, and includes the specific elements of “personal information” as
defined under Data Regulations, as defined herein. Supplier will reasonably assist OMNIA Partners
in timely responding to any third party “request to know” or “request to delete” (as defined pursuant
to Data Regulations) and will promptly provide OMNIA Partners with information reasonably
necessary for OMNIA Partners to respond to such requests. Where Supplier collects Personal
Information directly from Public Agencies or others on OMNIA Partners’ behalf, Supplier will
maintain records and the means necessary to enable OMNIA Partners to respond to such requests to
know and requests to delete.
8.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA
PARTNERS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS
AND
WARRANTIES
REGARDING
OMNIA
PARTNERS’
PERFORMANCE
AS
A
COOPERATIVE CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA
PARTNERS SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN
IF OMNIA PARTNERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERM OF AGREEMENT; TERMINATION
9.
This Agreement shall be in effect so long as the Master Agreement remains in effect,
provided, however, that the provisions of Sections 3 – 8 and 11 – 22, hereof and the indemnifications
afforded by the Supplier to OMNIA Partners in the Master Agreement, to the extent such provisions
survive any expiration or termination of the Master Agreement, shall survive the expiration or
termination of this Agreement.
NATIONAL PROMOTION
10.
OMNIA Partners and Supplier shall publicize and promote the availability of the
Master Agreement’s products and services to Public Agencies and such agencies’ employees.
Supplier shall require each Public Agency to register its participation in the OMNIA Partners program
by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector) or
executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the
Participating Public Agency’s first sales order. Upon request, Supplier shall make available to
interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be
necessary for such Public Agencies to evaluate potential purchases.
11.
Supplier shall provide such marketing and administrative support as set forth in the
solicitation resulting in the Master Agreement, including assisting in development of marketing
materials as reasonably requested by Principal Procurement Agency and OMNIA Partners. Supplier
shall be responsible for obtaining permission or license of use and payment of any license fees for all
content and images Supplier provides to OMNIA Partners or posts on the OMNIA Partners website.
Supplier shall indemnify, defend and hold harmless OMNIA Partners for use of all such content and
images including copyright infringement claims. Supplier and OMNIA Partners each hereby grant to
the other party a limited, revocable, non-transferable, non-sublicensable right to use such party’s logo
(each, the “Logo”) solely for use in marketing the Master Agreement. Each party shall provide the
other party with the standard terms of use of such party’s Logo, and such party shall comply with
such terms in all material respects. Both parties shall obtain approval from the other party prior to
use of such party’s Logo. Notwithstanding the foregoing, the parties understand and agree that except
as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon
termination of this Agreement, each party shall immediately cease use of the other party’s Logo.
ADMINISTRATIVE FEE, REPORTING & PAYMENT
12.
An “Administrative Fee” shall be defined and due to OMNIA Partners from Supplier
in the amount of 3 percent (3%) (“Administrative Fee Percentage”) multiplied by the total purchase
amount paid to Supplier, less refunds and credits on returns, for the sale of products and/or services
to Principal Procurement Agency and Participating Public Agencies pursuant to the Master
Agreement (as amended from time to time and including any renewal thereof) (“Contract Sales”).
From time to time the parties may mutually agree in writing to a lower Administrative Fee Percentage
for a specifically identified Participating Public Agency’s Contract Sales.
Please see Letter of Clarification.
13.
Supplier shall provide OMNIA Partners with an electronic accounting report monthly,
in the format prescribed by OMNIA Partners, summarizing all Contract Sales for each calendar
month. The Contract Sales reporting format is provided as Exhibit C (“Contract Sales Report”),
attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month
shall be provided by Supplier to OMNIA Partners by the 10th day of the following month. Failure to
provide a Contract Sales Report within the time and manner specified herein shall constitute a material
breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall
be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole
discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
14.
Administrative Fee payments are to be paid by Supplier to OMNIA Partners at the
frequency and on the due date stated in Section 13, above, for Supplier’s submission of corresponding
Contract Sales Reports. Administrative Fee payments are to be made via Automated Clearing House
(ACH) to the OMNIA Partners designated financial institution identified in Exhibit D. Failure to
provide a payment of the Administrative Fee within the time and manner specified herein shall
constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice
to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal
Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and
one-half percent (1 1/2%) per month or the maximum rate permitted by law until paid in full.
Please see Letter of Clarification.
15.
Supplier shall maintain an accounting of all purchases made by Participating Public
Agencies under the Master Agreement. OMNIA Partners, or its designee, in OMNIA Partners’ sole
discretion, reserves the right to compare Participating Public Agency records with Contract Sales
Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners receives
such report. In addition, OMNIA Partners may engage a third party to conduct an independent audit
of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materials
reasonably requested relating to such audit by OMNIA Partners at the location designated by OMNIA
Partners. In the event an underreporting of Contract Sales and a resulting underpayment of
Administrative Fees is revealed, OMNIA Partners will notify the Supplier in writing. Supplier will
have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners’
reasonable satisfaction, including payment of any Administrative Fees due and owing, together with
interest thereon in accordance with Section 13, and reimbursement of OMNIA Partners’ costs and
expenses related to such audit.
Please see Letter of Clarification.
GENERAL PROVISIONS
16.
This Agreement, the Master Agreement and the exhibits referenced herein supersede
any and all other agreements, either oral or in writing, between the parties hereto with respect to the
subject matter hereto and no other agreement, statement, or promise relating to the subject matter of
this Agreement which is not contained or incorporated herein shall be valid or binding. In the event
of any conflict between the provisions of this Agreement and the Master Agreement, as between
OMNIA Partners and Supplier, the provisions of this Agreement shall prevail.
17.
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 it may be
entitled.
18.
This Agreement and OMNIA Partners’ rights and obligations hereunder may be
assigned at OMNIA Partners’ sole discretion to an affiliate of OMNIA Partners, any purchaser of any
or all or substantially all of the assets of OMNIA Partners, or the successor entity as a result of a
merger, reorganization, consolidation, conversion or change of control, whether by operation of law
or otherwise. Supplier may not assign its obligations hereunder without the prior written consent of
OMNIA Partners.
19.
All written communications given hereunder shall be delivered by first-class mail,
postage prepaid, or overnight delivery on receipt to the addresses as set forth below.
A. OMNIA Partners:
OMNIA Partners
5001 Aspen Grove
Franklin, TN 37067
Attention: Legal Department - Public Sector Contracting
B. Supplier:
20.
If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal,
inoperative or unenforceable, the same shall not affect any other provision or provisions herein
contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this
Agreement will be construed by limiting or invalidating such provision to the minimum extent
necessary to make such provision valid, legal and enforceable.
21.
This Agreement may not be amended, changed, modified, or altered without the prior
written consent of the parties hereto, and no provision of this Agreement may be discharged or
waived, except by a writing signed by the parties. A waiver of any particular provision will not be
deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply
to any other occasion.
22.
This Agreement shall inure to the benefit of and shall be binding upon OMNIA
Partners, the Supplier and any respective successor and assign thereto; subject, however, to the
limitations contained herein.
23.
This Agreement will be construed under and governed by the laws of the State of
Delaware, excluding its conflicts of law provisions and any action arising out of or related to this
Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson
County Tennessee.
24.
This Agreement may be executed in counterparts, each of which is an original but all
of which, together, shall constitute but one and the same instrument. The exchange of copies of this
Agreement and of signature pages by facsimile, or by .pdf or similar electronic transmission, will
constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of
the original Agreement for all purposes. Signatures of the parties transmitted by facsimile, or by .pdf or
similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever.
[INSERT SUPPLIER ENTITY NAME]
NATIONAL
INTERGOVERNMENTAL
PURCHASING ALLIANCE
COMPANY, A DELAWARE
CORPORATION D/B/A OMNIA
PARTNERS, PUBLIC SECTOR
Signature
Signature
Sarah Vavra
Name
Name
Sr. Vice President, Public Sector
Contracting
Title
Title
Date
Date
Example Only
Exhibit C
Master Intergovernmental Cooperative Purchasing Agreement, Example
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is entered
into by and between those certain government agencies that execute a Principal Procurement Agency
Certificate (“Principal Procurement Agencies”) with National Intergovernmental Purchasing
Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector, Communities
Program Management, LLC, a California limited liability company d/b/a U.S. Communities, and/or
NCPA LLC, a Texas limited liability company d/b/a National Cooperative Purchasing Alliance
(collectively, “OMNIA Partners”), in its capacity as the cooperative administrator, to be appended
and made a part hereof and such other agencies (“Participating Public Agencies”), as defined in
each Master Agreement (as defined below), who register to participate in the cooperative purchasing
programs administered by OMNIA Partners and its affiliates and subsidiaries (collectively, the
“OMNIA Partners Parties”) by either registering on the OMNIA Partners website
(www.omniapartners.com/publicsector or any successor website), or by executing a copy of this
Agreement.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Principal Procurement
Agencies, in compliance with their own policies, procedures, rules and regulations, a number of
suppliers have entered into “Master Agreements” (herein so called) to provide a variety of goods,
products and services (“Products”) to the applicable Principal Procurement Agency and the
Participating Public Agencies;
WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the
OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on
the same terms, conditions and pricing as the Principal Procurement Agency, subject to any
applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and
WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time
offer Participating Public Agencies the opportunity to acquire Products through other group
purchasing agreements.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of
the mutual benefits to result, the parties hereby agree as follows:
1.
Each party will facilitate the cooperative procurement of Products.
2.
The Participating Public Agencies shall procure Products in accordance with and
subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern
Participating Public Agency’s procurement practices. The Participating Public Agencies hereby
acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that
Principal Procurement Agencies’ participation in the program described herein comply with all
applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(j), as may be
amended from time to time. The Participating Public Agencies further acknowledge and agree that
they are solely responsible for their compliance with all applicable “safe harbor” regulations,
including but not limited to any and all obligations to fully and accurately report discounts and
incentives.
3.
The Participating Public Agency represents and warrants that the Participating Public
Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a
hospital or healthcare provider; provided that the foregoing shall not prohibit Participating Public
Agency from furnishing health care services so long as the furnishing of health care services is not in
furtherance of a primary purpose of the Participating Public Agency.
4.
The cooperative use of Master Agreements shall be in accordance with the terms and
conditions of the Master Agreements, except as modification of those terms and conditions is
otherwise required by applicable federal, state or local law, policies or procedures.
5.
The Principal Procurement Agencies will make available, upon reasonable request,
Master Agreement information which may assist in improving the procurement of Products by the
Participating Public Agencies.
6.
The Participating Public Agency agrees the OMNIA Partners Parties may provide
access to group purchasing organization (“GPO”) agreements directly or indirectly by enrolling the
Participating Public Agency in another GPO’s purchasing program, provided that the purchase of
Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public
Agency’s sole discretion.
7.
The Participating Public Agencies (each a “Procuring Party”) that procure Products
through any Master Agreement or GPO Product supply agreement (each a “GPO Contract”) will
make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for
Products received in accordance with the terms and conditions of the Master Agreement or GPO
Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by
the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between
Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the
State of purchase unless otherwise agreed to by the Procuring Party and Supplier.
8.
The Procuring Party shall not use this Agreement as a method for obtaining additional
concessions or reduced prices for purchase of similar products or services outside of the Master
Agreement. Master Agreements may be structured with not-to-exceed pricing, in which cases the
Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional
concessions for purchase of Products through a Master Agreement.
9.
The Procuring Party shall be responsible for the ordering of Products under this
Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring
Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring
party harmless from any liability that may arise from the acts or omissions of the Procuring Party.
10.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA
PARTNERS
PARTIES
EXPRESSLY
DISCLAIM
ALL
EXPRESS
OR
IMPLIED
REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER
AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE
LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS
PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE
PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS
PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR
OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT.
11.
This Agreement shall remain in effect until termination by either party giving thirty
(30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive
any such termination.
12.
This Agreement shall take effect upon (i) execution of the Principal Procurement
Agency Certificate, or (ii) registration on the OMNIA Partners website or the execution of this
Agreement by a Participating Public Agency, as applicable.
Participating Public Agency:
OMNIA Partners, as the cooperative
administrator on behalf of Principal
Procurement Agencies:
NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE COMPANY
COMMUNITIES PROGRAM
MANAGEMENT, LLC
Authorized Signature
Signature
Sarah E. Vavra
Name
Name
Sr. Vice President, Public Sector Contracting
Title and Agency Name
Title
Date
Date
Example Only
Exhibit D
Principal Procurement Agency Certificate, Example
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE
In its capacity as a Principal Procurement Agency (as defined below) for National
Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners,
Public Sector (“OMNIA Partners”), [PPA Name] agrees to pursue Master Agreements for
Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate.
I hereby acknowledge, in my capacity as
of and on behalf of [PPA Name]
(“Principal Procurement Agency”), that I have read and hereby agree to the general terms and
conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement
regulating the use of the Master Agreements and purchase of Products that from time to time are
made available by Principal Procurement Agencies to Participating Public Agencies nationwide
through OMNIA Partners.
I understand that the purchase of one or more Products under the provisions of the Master
Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the
Participating Public Agency.
Authorized Signature, [PPA Name]
Signature
Name
Title
Date
Example Only
Exhibit E
Contract Sales Reporting Template
Contract Sales Report submitted electronically in Microsoft Excel:
Example Only
Exhibit F
Federal Funds Certifications
FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
TO WHOM IT MAY CONCERN:
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be
completed and returned.
Please see Letter of Clarification.
DEFINITIONS
Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project
or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non–Federal
entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward
Contractor means an entity that receives a contract as defined in Contract.
Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through
entity and a non–Federal entity that, consistent with 31 U.S.C. 6302–6305:
(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal
awarding agency or pass-through entity to the non–Federal entity to carry out a public purpose authorized by a law of
the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-
through entity's direct benefit or use;
(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or
pass-through entity and the non–Federal entity in carrying out the activity contemplated by the Federal award.
(c) The term does not include:
(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or
(2) An agreement that provides only:
(i) Direct United States Government cash assistance to an individual;
(ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) Insurance.
Federal awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity
Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a)(1) The Federal financial assistance that a non–Federal entity receives directly from a Federal awarding agency or
indirectly from a pass-through entity, as described in § 200.101 Applicability; or
(2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non–Federal entity
receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in §
200.101 Applicability.
(b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative
agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the
cost-reimbursement contract awarded under the Federal Acquisition Regulations.
(c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a
contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs).
(d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.
Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization
that carries out a Federal award as a recipient or subrecipient.
Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;
(b) Is not organized primarily for profit; and
(c) Uses net proceeds to maintain, improve, or expand the operations of the organization.
Obligations means, when used in connection with a non–Federal entity's utilization of funds under a Federal award, orders
placed for property and services, contracts and subawards made, and similar transactions during a given period that require
payment by the non–Federal entity during the same or a future period.
Pass-through entity means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal
program.
Recipient means a non–Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an
activity under a Federal program. The term recipient does not include subrecipients.
Simplified acquisition threshold means the dollar amount below which a non–Federal entity may purchase property or services
using small purchase methods. Non–Federal entities adopt small purchase procedures in order to expedite the purchase of items
costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition
Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the
simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67
Micro-purchase.)
Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal
award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that
the pass-through entity considers a contract.
Subrecipient means a non–Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal
program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other
Federal awards directly from a Federal awarding agency.
Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of
performance.
The following provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting
from this procurement process. Per FAR 52.204-24 and FAR 52.204-25, solicitations and resultant contracts shall contain the
following provisions.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct
2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does
not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in
the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26,
Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3,
Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2)
of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any
equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision
at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements,
reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25,
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)
prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a
contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as
a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall
be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the
facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into
any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-
232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing
a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to
the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a
Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the
facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into
any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It will, will not provide covered telecommunications equipment or services to the Government in the performance
of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional
disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section;
and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service
that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information
required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation
in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer.
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity
identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to
determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler
number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and
explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would
be permissible under the prohibition in paragraph (b)(1) of this provision.
X
X
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the
representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity
identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to
determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler
number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed
use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the
prohibition in paragraph (b)(2) of this provision.
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
(Aug 2020).
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge
of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or
wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means–
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary
or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical
infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any
subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary
of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic
in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration
Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological
weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology
covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to
export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code,
or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of
2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow
the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider
A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of
the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include
an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to
connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of
equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)
prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a
contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as
a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited
from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at
paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in
FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-
232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing
a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at
paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described
in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether
that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;
or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or
packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential
component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified
of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this
clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the
case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery
contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for
any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected
orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order
number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity
(CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler
number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available
information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook
to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be
incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding
paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial
items.
The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any
purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases,
awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of
Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances
where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all
rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract
by either party.
Does offeror agree? YES
Initials of Authorized Representative of
offeror
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the
right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a
breach or default of the agreement by Offeror as detailed in the terms of the contract.
Does offeror agree? YES
Initials of Authorized Representative of
offeror
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the
definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction
contract, the equal opportunity clause is incorporated by reference herein.
Does offeror agree to abide by the above? YES
Initials of Authorized Representative of offeror
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance
with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29
CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the
current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a
contract or subcontract must be conditioned upon the acceptance of the wage determination. The non
- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must
also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
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Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or
subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal
entity must report all suspected or reported violations to the Federal awarding agency.
Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all
contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions.
Does offeror agree? Cannot certify compliance absent opportunity specific information Initials of Authorized Representative of offeror
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the
non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision
for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked
in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in
compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for
all contracts by Participating Agency resulting from this procurement process.
Does offeror agree? Cannot certify compliance absent opportunity specific information Initials of Authorized Representative of offeror
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding
agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must
comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations
issued by the awarding agency.
Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during
the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply
with all applicable requirements as referenced in Federal Rule (F) above.
Does offeror agree? YES
Initials of Authorized Representative of offeror
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-
Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations
must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA)
In the event Federal Transit Administration (FTA) or Department of Transportation (DOT) funding is used by Participating Public
Agency, Offeror also agrees to include Clean Air and Clean Water requirements in each subcontract exceeding $100,000 financed
in whole or in part with Federal assistance provided by FTA.
Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during
the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees
to comply with all applicable requirements as referenced in Federal Rule (G) above.
Does offeror agree? YES
Initials of Authorized Representative of offeror
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(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be
made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance
with the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
“Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during
the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals
becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any
federal department or agency, the offeror will notify the Participating Agency.
Does offeror agree? YES
Initials of Authorized Representative of offeror
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the
term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process,
the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
The undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
(3) The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language
of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify
and disclose accordingly.
Does offeror agree? YES
Initials of Authorized Representative of offeror
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RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror
certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that
offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees
submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
Does offeror agree? YES
Initials of Authorized Representative of offeror
CERTIFICATION OFCOMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that
it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
Does offeror agree? YES
Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit
Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to
provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request.
Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and
open competition. Additionally:
(1) The Contractor agrees to comply with 49 USC 5323(j) and 49 CFR Part 661, which provide that federal funds may not
be obligated unless steel, iron and manufactured products used in FTA-funded projects are produced in the United
States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are
listed in 49 CFR 661.7.A general public interest waiver from the Buy America requirements applies to microprocessors,
computers, microcomputers, software or other such devices, which are used solely for the purpose of processing or
storing data. This general waiver does not extend to a product or device that merely contains a microprocessor or
microcomputer and is not used solely for the purpose of processing or storing data. Separate requirements for rolling
stock are set out at 5323(j)(2)(C) and 49 CFR 661.11.
(2) A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA-
funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed
Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier
subcontractors.
The following certificates titled FTA and DOT Buy America Certification should be completed and returned with the response
as part of FTA and DOT requirements.
FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) -
BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENTOF ROLLING STOCK
CERTIFICATE OF COMPLIANCE
(select one of the two options, NOT BOTH)
Certificate of Compliance with 49 USC §5323(j)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and the applicable regulations of 49
CFR 661.11.
Check for YES:
OR
Certificate of Non-Compliance with 49 USC §5323(j)
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The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but may qualify for an exception to
the requirement consistent with 49 U.S.C. 5323(j)(2)(C), and the applicable regulations in 49 CFR 661.7.
Check for YES: Cannot certify compliance absent opportunity specific information.
FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) -
BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL OR MANUFACTURED PRODUCTS
CERTIFICATE OF COMPLIANCE (select one of the two options, NOT BOTH)
Certificate of Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49
CFR part 661.
Check for YES:
OR
Certificate of Non-Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception
to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 CFR 661.7.
Check for YES: Cannot certify compliance absent opportunity specific information.
Does offeror agree? YES
Initials of Authorized Representative of offeror
Offeror’s Name: W.W. Grainger, Inc.
Address, City, State, and Zip Code: 100 Grainger Parkway, Lake Forest, IL 60045
Phone Number: 800-472-4643
Fax Number: NA
Printed Name and Title of Authorized Representative: Ken White
Email Address: Ken.White@grainger.com
Signature of Authorized Representative:
Date: 03/28/24
CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any
documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the
purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to
offeror’s personnel for the purpose of interview and discussion relating to such documents.
Does offeror agree? YES
Initials of Authorized Representative of offeror
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Does offeror agree? YES
Initials of Authorized Representative of offeror
COMMUNITY DEVELOPMENT BLOCK GRANTS
Purchases made under this contract may be partially or fully funded with federal grant funds. Funding for this work may include
Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing
and Urban Development. When such funding is provided, Offeror shall comply with all terms, conditions and requirements
enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever
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is the more restrictive requirement. When using Federal Funding, Offeror shall comply with all wage and latest reporting provisions
of the Federal Davis-Bacon Act. HUD-4010 Labor Provisions also applies to this contract.
Does offeror agree? YES
Initials of Authorized Representative of offeror
Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is
further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as
specifically noted above.
Please see Letter of Clarification.
Offeror’s Name:
W.W. Grainger, Inc.
Address, City, State, and Zip Code:
100 Grainger Parkway, Lake Forest, IL 60045
Phone Number: 800-472-4643
Fax Number: NA
Printed Name and Title of Authorized Representative:
Ken White, National Government Sales Manager
Email Address:
Ken.White@grainger.com
Signature of Authorized Representative:
Date: 3/28/24
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FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS
Awarded Supplier(s) (also referred to as Contractors) may need to respond to events and losses where
products and services are needed for the immediate and initial response to emergency situations such as,
but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage
decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By
submitting a proposal, the Supplier is accepted these FEMA and Additional Federal Funding Special
Conditions required by the Federal Emergency Management Agency (FEMA) and other federal entities.
“Contract” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL
CONDITIONS is also referred to and defined as the “Master Agreement”.
“Contractor” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL
CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.
Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract
supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would
arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner,
or an organization which employs or is about to employ any of these parties, has a financial or other interest
in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also
Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the
potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his
or her partner, or an organization which employs or is about to employ any of these parties as a result of
the particular procurement. The prohibited financial interest may arise from ownership of certain financial
instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer,
or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent”
conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with
knowledge of the relevant facts would question the impartiality of the employee, officer, or agent
participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public
Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards
for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item
of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must
provide for disciplinary actions to be applied for violations of such standards by officers, employees, or
agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be
dismissal, and the penalty for a contractor might be the termination of the contract.
Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred
or suspended, as described in and subject to the debarment and suspension regulations implementing
Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and
Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R.
Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract
awards at any level.
Notice of Legal Matters Affecting the Federal Government
In the event FTA or DOT funding is used by Participating Public Agency, Contractor agrees to:
1) The Contractor agrees that if a current or prospective legal matter that may affect the Federal Government
emerges, the Contractor shall promptly notify the Participating Public Agency of the legal matter in
accordance with 2 C.F.R. §§ 180.220 and 1200.220.
2) The types of legal matters that require notification include, but are not limited to, a major dispute, breach,
default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any
forum for any reason.
3)
The Contractor further agrees to include the above clause in each subcontract, at every tier, financed in whole
or in part with Federal assistance provided by the FTA.
Public Policy
A contractor must comply with the public policies of the Federal Government and state, local government,
or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA
financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7
c. Applicable prevailing wage laws, regulations, and executive orders
Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and
minority businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
Prevailing Wage Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws
regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or
Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable
pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any
subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.
Federal Requirements
If products and services are issued in response to an emergency or disaster recovery the items below,
located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and
required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses
1.
CONTRACT REMEDIES
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below
which an NFE may purchase property or services using small purchase methods, currently set at
$250,000 for procurements made on or after June 20, 2018,4 must address administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms and
must provide for sanctions and penalties as appropriate.
1.1 Applicability
This contract provision is required for contracts over the SAT, currently set at $250,000 for
procurements made on or after June 20, 2018. Although not required for contracts at or below the
SAT, FEMA suggests including a remedies provision.
1.2 Additional Considerations
For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty
clause in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation,
the contract must include a clause addressing that non-delivery by the contract’s specified date or
other vendor nonperformance will require a penalty of no less than $100 per day until such time
that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This
penalty clause should, however, account for force majeure or acts of God. AFG recipients should
refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information,
which can be accessed at FEMA.gov.
2.
TERMINATION FOR CAUSE AND CONVENIENCE
a.
Standard. All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal entity, including the manner by which it will be effected and the
basis for settlement. See 2 C.F.R. Part 200, Appendix II(B).
b.
Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
3.
EQUAL EMPLOYMENT OPPORTUNITY
When applicable:
a.
Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the
definition of “federally assisted construction contract” in 41 C.F.R.
§ 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b),
in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg.
12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating
to Equal Employment Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).
b. Key Definitions.
i.
Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-
1.3 defines a “federally assisted construction contract” as any agreement or
modification thereof between any applicant and a person for construction work which
is paid for in whole or in part with funds obtained from the Government or borrowed
on the credit of the Government pursuant to any Federal program involving a grant,
contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee, or any
application or modification thereof approved by the Government for a grant, contract,
loan, insurance, or guarantee under which the applicant itself participates in the
construction work.
ii.
Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the
construction, rehabilitation, alteration, conversion, extension, demolition or repair of
buildings, highways, or other changes or improvements to real property, including facilities
providing utility services. The term also includes the supervision, inspection, and other onsite
functions incidental to the actual construction.
c.
Applicability. This requirement applies to all FEMA grant and cooperative agreement
programs.
d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the
following contract clause.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment without regard to their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including
an investigation conducted by the employer, or is consistent with the contractor's legal duty to
furnish information.
(4) The contractor will send to each labor union or representative of workers with which 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.
(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 rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of
the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry
out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
applicant agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: Cancel, terminate, or
suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program with respect to
which the failure or refund occurred until satisfactory assurance of future compliance has
been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
4.
DAVIS-BACON ACT
a.
Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal entities must
include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141- 3144 and 3146-3148)
as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part
200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than
once a week.
b.
Applicability. The Davis-Bacon Act applies to the Emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program, and Transit Security Grant Program.
c.
Requirements. If applicable, the non-federal entity must do the following:
i. The non-Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The non-
Federal entity must report all suspected or reported violations to the Federal awarding
agency.
ii.
Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the Davis-
Bacon Act, must also include a provision for compliance with the Copeland “Anti-
Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at
29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States). The Copeland
Anti- Kickback Act provides that each contractor or subrecipient must be prohibited 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.
iii.
Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and
AssistedConstruction”).
Suggested Language. The following provides a sample contract clause:
Compliance with the Davis-Bacon Act.
a.
All transactions regarding this
contract
shall be done in
compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and
3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be
applicable. The contractor shall comply with 40 U.S.C. 3141-
3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as
applicable.
b. Contractors are required to pay wages to laborers and mechanics at a rate
not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor.
c.
Additionally, contractors are required to pay wages not less than once a
week.
5.
COPELAND ANTI-KICKBACK ACT
a.
Standard. Recipient and subrecipient contracts must include a provision for compliance with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations
(29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States”).
b. Applicability. This requirement applies to all contracts for construction or repair work above
$2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA
Public Assistance Program.
c.
Requirements. If applicable, the non-federal entity must include a provision for compliance with the
Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient
must be prohibited from inducing, by any means, any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in
accordance with the regulation, each contractor and subcontractor must furnish each week a statement
with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-
Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall
be delivered by the contractor or subcontractor, within seven days after the regular payment date of
the payroll period, to a representative of a Federal or State agency in charge at the site of the building
or work.
Sample Language. The following provides a sample contract clause:
Compliance with the Copeland “Anti-Kickback” Act.
a.
Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C.
§ 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,
which are incorporated by reference into this contract.
b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
c.
Breach. A breach of the contract clauses above may be grounds for termination
of the contract, and for debarment as a contractor and subcontractor as
provided in 29 C.F.R. §5.12.”
6.
CONTRACT WORK HOURS AND SAFETY STANDARDSACT
a.
Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-
Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by
Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under
40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible 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.
Further, no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous.
b.
Applicability. This requirement applies to all FEMA contracts awarded by thenon- federal entity in
excess of $100,000 under grant and cooperative agreement programs that involve the employment of
mechanics or laborers. It is applicable to construction work. These requirements do not apply to
the purchase of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
c.
Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language
concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests
including the following contract clause:
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in suchworkweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall
be liable to the United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this
section, in the sum of
$27 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Federal agency or
loan/grant recipient shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (b)(1) through (4) of this section.
7.
RIGHTS TO INVENTIONS MADE UNDER A CONTRACT ORAGREEMENT
a.
Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R.
§ 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business
firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that “funding
agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part
401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements), and any
implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).
b.
Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the
Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program,
Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant
Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant
Program, as FEMA awards under these programs do not meet the definition of “funding
agreement.”
c.
Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding
agreement” as any contract, grant, or cooperative agreement entered into between any Federal
agency, other than the Tennessee Valley Authority, and any contractor for the performance of
experimental, developmental, or research work funded in whole or in part by the Federal
government. This term also includes any assignment, substitution of parties, or subcontract of any
type entered into for the performance of experimental, developmental, or research work under a
funding agreement as defined in the first sentence of this paragraph.
8.
CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
a.
Standard. If applicable, contracts must contain a provision that requires the contractor to agree to
comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act
(42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§
1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental
Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).
b.
Applicability. This requirement applies to contracts awarded by a non-federal entity of amounts
in excess of $150,000 under a federal grant.
c.
Suggested Language. The following provides a sample contract clause.
Clean Air Act
1.
The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.
§ 7401 et seq.
2.
The contractor agrees to report each violation to the Participating Public Agency
and understands and agrees that the Participating Public Agency will, in turn,
report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
3. The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Federal Water Pollution Control Act
1. The contractor agrees to comply with all applicablestandards, orders, or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.
2. The contractor agrees to report each violation to the Participating Public Agency
and understands and agrees that the Participating Public Agency will, in turn,
report each violation as required to assure notification to the Federal Emergency
Management 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 byFEMA.
9.
DEBARMENT AND SUSPENSION
a.
Standard. Non-Federal entities and contractors are subject to the debarment and suspension
regulations implementing Executive Order 12549, Debarment and Suspension (1986) and
Executive Order 12689, Debarment and Suspension (1989) at 2
C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part
3000 (Non-procurement Debarment and Suspension).
b.
Applicability. This requirement applies to all FEMA grant and cooperative
agreement programs.
c.
Requirements.
i.
These regulations restrict awards, subawards, and contracts with certain parties that are
debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. §
200.213. A contract award must not be made to parties listed in the SAM Exclusions. SAM
Exclusions is the list maintained by the General Services Administration that contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive Order
12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530.
ii.
In general, an “excluded” party cannot receive a Federal grant award or a contract within
the meaning of a “covered transaction,” to include subawards and subcontracts. This
includes parties that receive Federal funding indirectly, such as contractors to recipients
and subrecipients. The key to the exclusion is whether there is a “covered transaction,”
which is any non-procurement transaction (unless excepted) at either a “primary” or
“secondary” tier. Although “covered transactions” do not include contracts awarded by
the Federal Government for purposes of the non-procurement common rule and DHS’s
implementing regulations, it does include some contracts awarded by recipients and
subrecipients.
iii.
Specifically, a covered transaction includes the following contracts for goods or services:
1.
The contract is awarded by a recipient or subrecipient in the amount of at least
$25,000.
2.
The contract requires the approval of FEMA, regardless of amount.
3.
The contract is for federally-required audit services.
4.
A subcontract is also a covered transaction if it is awarded by the contractor of a
recipient or subrecipient and requires either the approval of FEMA or is in excess
of$25,000.
d. Suggested Language. The following provides a debarment and suspension clause. It incorporates
an optional method of verifying that contractors are not excluded or disqualified.
Suspension and Debarment
(1)
This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such, the contractor is required to verify that none of the contractor’s principals (defined
at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined
at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2)
The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart
C, and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
(3)
This certification is a material representation of fact relied upon by the Participating
Public Agency. If it is later determined that the contractor did not comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to the Participating Public Agency, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
(4)
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to include
a provision requiring such compliance in its lower tier covered transactions.
10.
BYRD ANTI-LOBBYING AMENDMENT
a.
Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, officer or employee of Congress, or an employee
of a Member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. § 1352. FEMA’s regulation at 44 C.F.R. Part 18 implements the
requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the
certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Federal
awarding agency.
b.
Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the
required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C.
§ 1352; and 44 C.F.R. Part 18.
c.
Suggested Language.
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or 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 who in turn will forward the certification(s) to the awarding
agency.
d.
Required Certification. If applicable, contractors must sign and submit to the non-federal entity the
following certification.
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall 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 section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, W.W. Grainger, Inc.
, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification and
disclosure, if any.
Signature of Contractor’s Authorized Official
Ken White, National Government Sales Manager
Name and Title of Contractor’s Authorized Official
3/28/24
Date
11.
PROCUREMENT OF RECOVERED MATERIALS
a.
Standard. A non-Federal entity that is a state agency or agency of a political subdivision of a state and
its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. §
200.322.
b.
Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA
grant and cooperative agreement programs.
c.
Requirements. The requirements of Section 6002 include procuring only items designated in
guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase price
of the item exceeds
$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000;
procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
d. Suggested Language.
i.
In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product cannot be
acquired—
1. Competitively within a timeframe providing for compliance with the contract performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
ii.
Information about this requirement, along with the list of EPA- designated items, is available
at
EPA’s
Comprehensive
Procurement
Guidelines
web
site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
iii.
The Contractor also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.”
12.
DOMESTIC PREFERENCES FOR PROCUREMENTS
As appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest extent
practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods,
products or materials produced in the United States. This includes, but is not limited to, iron, aluminum,
steel, cement, and other manufactured products.
Applicability For purchases in support of FEMA declarations and awards issued on or after November
12, 2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase
orders for work or products a contract provision encouraging domestic preference for procurements.
Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor
should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of
goods, products, or materials produced in the United States. This includes, but is not limited to iron,
aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in
the United States means, for iron and steel products, that all manufacturing processes, from the initial
melting stage through the application of coatings, occurred in the United States. Manufactured
products mean items and construction materials composed in whole or in part of non-ferrous metals
such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates
such as concrete; glass, including optical fiber; and lumber.”
13. ACCESS TO RECORDS
a. Standard. All recipients, subrecipients, successors, transferees, and assignees must acknowledge and
agree to comply with applicable provisions governing DHS access to records, accounts, documents,
information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine
and copy, records, accounts, and other documents and sources of information related to the federal
financial assistance award and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS regulations and other applicable laws or program
guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225
of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any
state, local, tribal, or territorial government, or private non-profit for activities made pursuant to a
contract that purports to prohibit audits or internal reviews by the FEMA administrator or Comptroller
General.
Access to Records. The following access to records requirements apply to this contract:
i. The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representatives access to
any books, documents, papers, and records of the Contractor which are directly pertinent to
this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
ii. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
iii.
The Contractor agrees to provide the FEMA Administrator or his authorized representatives
access to construction or other work sites pertaining to the work being completed under the
contract.
iv. In compliance with the Disaster Recovery Act of 2018, the Participating Public Agency and the
Contractor acknowledge and agree that no language in this contract is intended to prohibit
audits or internal reviews by the FEMA Administrator or the Comptroller General of the United
States.
14.
CHANGES
a.
Standard. To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or cooperative
agreement, the cost of the change, modification, change order, or constructive change must be allowable,
allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of
project scope.
b.
Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its
contract that describes how, if at all, changes can be made by either party to alter the method, price, or
schedule of the work without breaching the contract. The language of the clause may differ depending on
the nature of the contract and the end-item procured.
15. DHS SEAL, LOGO, AND FLAGS
a.
Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions:
Version 8.1 (2018).
b.
Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision that
a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS
agency officials without specific FEMA pre-approval.
c.
“The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of
DHS agency officials without specific FEMA pre-approval.
16. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
a.
Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and
executive orders.
b.
Applicability. FEMA recommends that all non-Federal entities place into their contracts an
acknowledgement that FEMA financial assistance will be used to fund the contract along with the
requirement that the contractor will comply with all applicable Federal law, regulations, executive
orders, and FEMA policies, procedures, and directives.
c.
“This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
contract. The contractor will comply with all applicable Federal law, regulations, executive orders,
FEMA policies, procedures, and directives.”
17. NO OBLIGATION BY FEDERAL GOVERNMENT
a.
Standard. FEMA is not a party to any transaction between the recipient and its contractor. FEMA is not
subject to any obligations or liable to any party for any matter relating to the contract.
b.
Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that
states that the Federal Government is not a party to the contract and is not subject to any obligations or
liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from
the contract.
c.
“The Federal Government is not a party to this contract and is not subject to any obligations or liabilities
to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the
contract.”
18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
a.
Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C.
§§ 3729-3733) which prohibits the submission of false or
fraudulent claims for payment to the federal government. See DHS Standard Terms and
Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801-3812, which details the
administrative remedies for false claims and statements made. The non-Federal entity must
include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38
(Administrative Remedies for False Claims and Statements) applies to its actions pertaining
to the contract.
b.
Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that the
contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to its actions pertaining to the contract.
c.
“The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor’s actions pertaining to this contract.”
d.
In the event FTA or DOT funding is used by a Participating Public Agency, Contractor further
acknowledges U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, and apply to
its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies
or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract
Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it
makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems
appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
19. CLEAN WATER STATE REVOLVING FUNDS (CWSRF) AND DRINKING WATER STATE REVOLVING
FUNDS (DWSRF)
Should agencies be utilizing Clean Water State Revolving or Drinking Water State Revolving Funds, the
following may apply as indicated by the Participating Public Agency:
a.
Neither the State, the U.S. EPA, nor any of its departments, agencies, or employees, are or will be
a party to resulting work or local agreements when CWSRF or DWSRF are utilized.
b. All laborers and mechanics employed by contractors and subcontractors on projects on projects
funded directly by or assisted in whole or in part by and through the Clean Water State Revolving
Funds (CWSRF) or the Drinking Water State Revolving Funds (DWSRF) shall be paid wages at
rates not less than those prevailing on projects of a character similar in the locality as determined by
the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code.
Wages to be paid on this project will be governed by the Department of Labor Wage General Decision
or Decisions included in the bid documents for this project.
c.
Equal Opportunity in Employment – All qualified applicants will receive consideration for
employment without regard to race, color, religion, sex (including pregnancy), sexual orientation,
gender identity, national origin, age (40 or older), disability or genetic information. Bidders on this
work will be required to comply with the Department of Labor regulations at 41 CFR Part 60-4,
relating to Construction Contractors -- Affirmative Action Requirements, which include the
President's Executive Order No. 11246, as amended by Executive Order 11375 and Executive Order
No. 13672, in the award and administration of contracts awarded under TWDB financial assistance
agreements. Failure by the Contractor to carry out these requirements is a material breach, which may
result in the termination of the awarded financial assistance.
d. Contractors shall comply with all record keeping and reporting requirements under the Clean Water
Act/Safe Drinking Water Act, including any reports required by a Federal agency or the Finance
Authority such as performance indicators of program deliverables, information on costs and project
progress. The Participate understands that (i) each contract and subcontract related to the Project is subject
to audit by appropriate federal and state entities and (ii) failure to comply with the Clean Water Act/Safe
Drinking Water Act and this Agreement may be a default hereunder that results in a repayment of the
Loan in advance of the maturity of the Bonds and/or other remedial actions. The Davis-Bacon prevailing
wage requirements apply to Contractors and Subcontractors performing on federally funded or assisted
contracts in excess of $2,000 for the construction, alteration or repair (including painting) of a treatment
works project under the CWSRF or a construction project under the DWSRF.
e.
For prime contracts in excess of $100,000, Contractors and Subcontractors must also, under the
provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and
mechanics, including guards and watchmen, at least one and one-half times their
regular rate of pay for all hours worked over 40 in a workweek. The Fair Labor Standards Act
may also apply to Davis-Bacon covered contracts.
f.
Anycontractsor subcontracts in excessof $2,000 must include the provisions of Davis-Bacon Wage Rate
Requirements.
g. Any local agreements or work awarded under this solicitation are subject to the American Iron and Steel
(AIS) requirements of Section 608 of the Federal Water Pollution Control Act if CWSRF or DWSRF
are involved. As such, the Contractor hereby represents and warrants to and for the benefit of the
Participating Public Agency that (a) the Contractor has reviewed and understands the American Iron and
Steel Requirement, (b) all of the iron and steel products used in CWSRF or DWSRF related projects
will be and/or have been produced in the United States in a manner that complies with the American
Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will
provide any further verified information, certification or assurance of compliance with this paragraph,
or information necessary to support a waiver of the American Iron and Steel Requirement, as may be
requested by the Participating Public Agency. Notwithstanding any other provision of this Agreement,
any failure to comply with this paragraph by the Contractor shall permit the Participating Public Agency
to enforce this Agreement and recover as damages against the Contractor any loss, expense, or cost
(including without limitation attorney’s fees) incurred by the Participating Public Agency resulting from
any such failure (including without limitation any impairment or loss of funding, whether in whole or in
part.
Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions
section of this solicitation.
Please see Letter of Clarification.
Offeror’s Name: W.W. Grainger, Inc.
Address, City, State, and Zip Code:
100 Grainger Parkway, Lake Forest, IL 60045
Phone Number: 800-472-4643
Fax Number: NA
Printed Name and Title of Authorized Representative:
Ken White, National Government Sales Manager
Email Address: ken.white@grainger.com
Signature of Authorized Representative:
Date: 3/28/24
FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT)
SPECIAL CONDITIONS
Awarded Supplier(s) (also referred to as Contractors) may be asked to provide products and services to
agencies following Federal Transit Administration and/or Department of Transportation requirements. By
submitting a response, the Supplier is accepting these FTA and DOT Special Conditions.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over
$2,000).
(1) The Participating Public Agency and contractor/vendor acknowledge and agree that, notwithstanding any concurrence
by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the purchaser, contractor, or any other party (whether or not a party to that contract) pertaining
to any matter resulting from the underlying contract.
(2) The contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal
assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor
who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over
$2,000)
(1) The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31
U.S.C. 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies, “49 CFR Part 31, apply to its actions
pertaining to this Project. Upon execution of the underlying contract, the contractor certifies or affirms the truthfulness
and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying
contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that
may be applicable, the contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties
of the Program Fraud Civil Remedies Act of 1986 on the contractor to the extent the Federal Government deems
appropriate.
(2) The contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification to the Federal Government under a contract connected with a project that is financed
in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government
reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C.
§ 5323(l) on the contractor, to the extent the Federal Government deems appropriate.
(3) The contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal
assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor
who will be subject to the provisions.
ACCESS TO RECORDS AND REPORTS
(1) Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily
accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports,
statistics, sub-agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting
materials related to those records.
(2) Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R.
§ 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period
of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation
or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the
disposition of all such litigation, appeals, claims or exceptions related thereto.
(3) Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit
records and information related to performance of this contract as reasonably may be required.
(4) Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of
performance under this contract as reasonably may be required.
FEDERAL CHANGES
(1) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including
without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may
be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall
constitute a material breach of this Contract.
Contractor agrees to:
a)
Maintain all books, records, accounts and reports required under this Contract for a period of not less
than three (3) years after the date of termination or expiration of this Contract or any extensions thereof
except in the event of litigation or settlement of claims arising from the performance of this Contract,
in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the
Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto.
b)
Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records
with regard to the Project, and to audit the books, records, and accounts with regard to the Project and
to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for
the purpose of audit and examination.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR
18.39 (a)(11).
CIVIL RIGHTS / TITLE VI REQUIREMENTS
The Participating Public Agency is an Equal Opportunity Employer. As such, the Participating Public Agency
agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from
inconsistent requirements imposed by Federal laws or regulations, the Participating Public Agency agrees to
comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA
to support procurements using exclusionary or discriminatory specifications.
Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include
these requirements in each subcontract entered into as part thereof.
(1) Nondiscrimination – In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 20000d, section 303
of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with disabilities Act of
1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the contractor agrees that it will not discriminate against
any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition,
the contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements
FTA may issue.
(2) Equal Employment Opportunity – The following equal employment opportunity requirements apply to the underlying
contract:
(a) Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended,
42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41
C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment,"
September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes
it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to their race, color, religion,
national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited
to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal
Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29
C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and
Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal
Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain
from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees
to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.
§ 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the
Architectural Barriers Act of 1968, as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49
U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of
disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may
issue.
(3) The contractor also agrees to include these requirements in each subcontract financed whole or in part with Federal
assistance provided by FTA, modified only if necessary to identify the affected parties.
INCORPORATION OF FTA 4220.1F TERMS
(1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA
Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with
any Participating Public Agency request, which would cause the Participating Public Agency to be in violation of the
FTA terms and conditions.
(2) Flow Down – The incorporation of FTA terms has unlimited flow down.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R.
part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).
5) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements
of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out
these requirements is a material breach of this Contract, which may result in the termination of this Contract or
other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor
must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
6) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract
for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for
that Work from public agency. In addition, Contractor is required to return any retainage payments to those
subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily
completed and any liens have been secured. Any delay or postponement of payment from the above time frames
may occur only for good cause following written approval of public agency. This clause applies to both DBE and
non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor
performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith
efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not
terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without
prior written consent of Participating Public Agency.
7) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency
in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to
compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to
use good faith efforts to carry out a policy in the award of its
subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize
DBEs consistent with the efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as
amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
1)
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or
not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set
forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the
contrary herein notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a conflict
with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any
act, or refuse to comply with any Participating Public Agency request, which would cause the Participating
Public Agency to be in violation of the FTA terms and conditions.
2)
Flow Down – The incorporation of FTA terms has unlimited flow down.
SUSPENSION AND DEBARMENT
The Contractor shall comply and facilitate compliance with U.S. DOT regulations,
“Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S.
Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government Wide Debarment and
Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of
$25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract
amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract
amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to
participate in this federally funded contract and are not presently declared by any Federal department or
agency to be:
a) Debarred from participation in any federally assisted Award;
b) Suspended from participation in any federally assisted Award;
c) Proposed for debarment from participation in any federally assisted Award;
d) Declared ineligible to participate in any federally assisted Award;
e) Voluntarily excluded from participation in any federally assisted Award; or
f) Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later
determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in
addition to remedies available to the AGENCY, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid
and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees
to include a provision requiring such compliance in its lower tier covered transactions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written
consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or
award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be
subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal
assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
CARGO PREFERENCE REQUIREMENTS
Use of United States-Flag Vessels. The contractor agrees:
1)
To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any
equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available
at fair and reasonable rates for United States-Flag commercial vessels.
2)
To furnish within 20 working days following the date of loading for shipments originating within the United
States or within 30 days following the date of loading for shipments originating outside the United States, a
legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo
described in the preceding paragraph to the Division of National Cargo, Office of MarketDevelopment, Maritime
Administration, Washington D.C. 20590 and the FTA recipient (through the contractor in the case of a
subcontractor’s bill-of lading).
3)
To include these requirements in all subcontracts issued pursuant to the contract when the subcontract may involve
the transport of equipment, materials, or commodities by ocean vessel.
FLY AMERICA
Fly America Requirements:
1)
Definitions. As used in this clause- “International air transportation” means transportation by air between a place
in the United States and a place outside the United States or between two places both of which are outside the
United States. “United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-flag air
carrier” means an air carrier holding a certificate under 49
U.S.C. Chapter 411.
2)
When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-
flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal
effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General
of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to
disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for
international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to
provide such services.
3)
If available, the contractor, in performing work under this contract, shall use U.S.-flag carriers for international
air transportation of personnel (and their personal effects) or property.
4)
In the event that the contractor selects a carrier other than a U.S.-flag air carrier for international air
transportation, the contractor shall include a statement on vouchers involving such transportation essentially as
follows:
5)
The contractor shall include the substance of this clause, including this paragraph, in each subcontract or purchase
under this contract that may involve international air transportation.
Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier
was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See
FAR § 47.403.
Stated Reason(s):
RECYCLED PRODUCTS
1) The Contractor agrees to provide a preference for those products and services that conserve natural resources,
protect the environment, and are energy efficient by complying with and facilitating compliance with Section
6002 of the Resource Conservation and Recovery Act, as amended, 42
U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement
Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247.
CONFORMANCE WITH ITS NATIONAL ARCHITECTURE
When applicable:
1) Contractor shall conform, to the extent applicable, to the National Intelligent Transportation Standards
architecture as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 and as amended by MAP-21
23 U.S.C. § 517(d), note and follow the provisions of FTA Notice, “FTA National Architecture Policy on Transit
Projects,” 66 Fed. Reg.1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a
later date, except to the extent FTA determines otherwise in writing.
ADA ACCESS
1) In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans
with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as
amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
SAFE OPERATION OF MOTOR VEHICLES
1) Seat Belt Use - The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs
for its employees and other personnel that operate company-owned vehicles, company- rented vehicles, or
personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or
leased either by the Contractor or Participating Public Agency.
2) Distracted Driver - The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes
caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by
an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a
privately-owned vehicle when on official business in connection with the work performed under this agreement.
PROMPT PAYMENT
1) The Prime Contractor shall pay any Subcontractor for work that has been satisfactorily performed no later than
thirty (30) days from the date of the Prime Contractor’s receipt of each payment made by the Participating Public
Agency. Additionally, within thirty (30) days of satisfactory completion of all work required of the
Subcontractor, the Prime Contractor shall release any retainage payments withheld to the Subcontractor.
FTA PROTEST NOTIFICATION
A protestant must exhaust all Participating Public Agency Procurement administrative procedures
and remedies before pursuing a protest with the FTA.
1) Any and all protests shall be in writing and shall be filed with the Purchasing Manager with the Participating
Public Agency. A protest relating to the process for determining the most responsive and responsible contractor
shall be filed within five (5) business days after the protestor knows or should have known the basis of the
determination. The Contract Officer shall respond to a protest within fourteen (14) calendar days after the receipt
of the protest. The Purchasing Manager may grant the Contract Officer an extension for the response if warranted.
A request for reconsideration of any and all determinations by the Contract Officer shall be filed with the
Purchasing Manager within seven (7) calendar days after the receipt of the determination.
2)
A protest shall include:
a.
The name, address, and telephone number, including FAX number if available, of the protestor;
b.
The signature of the protestor or authorized representative;
c.
Identification of the contract/solicitation;
d.
A detailed statement of the legal and/or factual grounds of protest including copies and/or citations of
relevant documents, and;
e.
The form of relief requested.
3)
If any of the above information is omitted or incomplete, then the Protestor shall be notified, in writing, within
two (2) calendar days after that determination, and the Protestor shall have two (2) calendar days in which to
remedy the specified problem.
4)
The Participating Public Agency will not make award prior to the resolution of a protest, or open bids prior to
resolution of a protest filed before bid opening unless the Purchasing Manager determines in writing that it is in
the best interests of the Participating Public Agency or in keeping with Item 7 of this procedure to do otherwise.
Potential contractors will be advised of a pending protest if the protest is filed before award.
5)
The Purchasing Manager may allow for an informal conference on the merits of a protest with all interested
parties allowed to attend. Interested parties include all bidding contractors, and may also include a subcontractor
or supplier provided they have a substantial economic interest in a portion of the IFB or RFP.
6)
The Purchasing Manager shall respond "in writing", in detail, to each substantial issue raised in the protest. The
Purchasing Manager has the sole authority to make determinations for the Participating Public Agency, and a
determination shall be considered final when it is labeled as such. A request for reconsideration will be allowed
by the Purchasing Manager if he determines that data has become available that was not previously known, or
that there has been an error of law or regulation.
7)
The Participating Public Agency may proceed with procurement when a protest is pending if the Participating
Public Agency determines that:
a.
The items to be procured are urgently required;
b.
Delivery or performance will be unduly delayed by failure to make the award promptly; or
c.
Failure to make award will otherwise cause undue harm to the grantee for the Federal Government.
8)
FTA will only entertain a protest that alleges:
a.
The Participating Public Agency failed to have or to adhere to its protest procedures, or failed to review
a complaint or protest; or
b.
Violations of Federal law or regulation.
9) A protest to FTA must be filed in accordance with FTA Circular 4220.1F, available from the Contract Officer.
Specifically, protestors shall file a protest with FTA Region 9 or FTA Headquarters Office no later than five (5)
days after a final decision is rendered under the Participating Public Agency's protest procedure. In instances where
the protestor alleges that the Participating Public Agency failed to make a final determination on the protest,
protestors shall file a protest with FTA not later than five (5) calendar days after the protester knew or should
have known of the grantee's failure to render a final determination on the protest.
A protest filed with FTA shall:
a. Include the name and address of the protestor.
b. Identify the grantee, project number, and the number of the contract solicitation.
c. Contain a statement of the grounds for protest and any supporting documentation. This should detail
the alleged failure to have or adhere to protest procedures, failure to review a complaint or protest; or
Violation of Federal law or regulation.
Include a copy of the local protest filed with the grantee and a copy of the grantee's decision,
if any.
Exhibit G
New Jersey Business Compliance
NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and
procedures required under New Jersey statues. All offerors submitting proposals must complete the
following forms specific to the State of New Jersey. Completed forms should be submitted with the
offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA
Partners’ ability to promote the Master Agreement in the State of New Jersey.
DOC #1
Ownership Disclosure Form
DOC #2
Non-Collusion Affidavit
DOC #3
Affirmative Action Affidavit
DOC #4
Political Contribution Disclosure Form
DOC #5
Stockholder Disclosure Certification
DOC #6
Disclosure of Investment Activities in Iran, Russia and Belarus
DOC #7
New Jersey Business Registration Certificate
DOC #8
EEOAA Evidence
DOC #9
MacBride Principals Form
New Jersey suppliers are required to comply with the following New Jersey statutes when
applicable:
all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A.
10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38;
Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the
Act;
Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and
Bid and Performance Security, as required by the applicable municipal or state statutes.
DOC #1
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions.
Failure to submit the required information is cause for automatic rejection of the bid or proposal.
Name of Organization: W.W. Grainger, Inc.
Organization Address: 100 Grainger Parkway, Lake Forest, IL 60045
Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
For-Profit Corporation (any type)
Limited Liability Company (LLC)
Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific): for profit/publicly traded corporation.
Part II
The list below contains the names and addresses of all stockholders in the corporation who
own 10 percent or more of its stock, of any class, or of all individual partners in the
partnership who own a 10 percent or greater interest therein, or of all members in the limited
liability company who own a 10 percent or greater interest therein, as the case may be.
(COMPLETE THE LIST BELOW IN THIS SECTION)
OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any class,
or no individual partner in the partnership owns a 10 percent or greater interest therein, or
no member in the limited liability company owns a 10 percent or greater interest therein, as
the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Name of Individual or Business Entity
Home Address (for Individuals) or Business Address
The Vanguard Group (investment firm)
10.61 %
100 Vanguard Boulevard, Malvern, PA 19355
X
X
X
Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,
PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person
holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of
the last annual federal Security and Exchange Commission (SEC) or foreign equivalent
filing, ownership disclosure can be met by providing links to the website(s) containing the last
annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent)
that contain the name and address of each person holding a 10% or greater beneficial interest
in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that
contain the information on each such person. Attach additional sheets if more space is
needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #’s
No parent: Grainger is the parent
Please list the names and addresses of each stockholder, partner or member owning a 10
percent or greater interest in any corresponding corporation, partnership and/or limited liability
company (LLC) listed in Part II other than for any publicly traded parent entities
referenced above. The disclosure shall be continued until names and addresses of every
noncorporate stockholder, and individual partner, and member exceeding the 10 percent
ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach
additional sheets if more space is needed.
Stockholder/Partner/Member and Corresponding
Entity Listed in Part II
Home Address (for Individuals) or Business Address
Vanguard is an investment management firm owned by
its investors and is not publicly traded
Part IV
Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto
to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this
certification on behalf of the bidder/proposer; that the <name of contracting unit> is relying on the information
contained herein and that I am under a continuing obligation from the date of this certification through the
completion of any contracts with <type of contracting unit> to notify the <type of contracting unit> in writing
of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the
law and that it will constitute a material breach of my agreement(s) with the, permitting the <type of
contracting unit> to declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print):
Ken White
Title:
National Government Sales
Manager
Signature:
Date:
3/28/24
DOC #2
NON-COLLUSION AFFIDAVIT
STANDARD BID DOCUMENT REFERENCE
Reference: VII-H
Name of Form:
NON-COLLUSION AFFIDAVIT
Statutory Reference:
No specific statutory reference
State Statutory Reference N.J.S.A. 52:34-15
Instructions Reference:
Statutory and Other Requirements VII-H
Description:
The Owner’s use of this form is optional. It is used to ensure that
the bidder has not participated in any collusion with any other
bidder or Owner representative or otherwise taken any action in
restraint of free and competitive bidding.
DOC #3
AFFIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
Company Name:
W.W. Grainger, Inc.
Street: 100 Grainger Parkway
City, State, Zip Code:
Lake Forest, IL, 60045
Proposal Certification:
Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s
proposal will be accepted even if company is not in compliance at this time. No contract and/or
purchase order may be issued, however, until all Affirmative Action requirements are met.
Required Affirmative Action Evidence:
Procurement, Professional & Service Contracts (Exhibit A)
Vendors must submit with proposal:
1. A photocopy of a valid letter that the contractor is operating under an existing Federally
approved or sanctioned affirmative action program (good for one year from the date of the
letter);
OR
2. A photocopy of a Certificate of Employee Information Report approval, issued in
accordance with N.J.A.C. 17:27-4;
OR
3. A photocopy of an Employee Information Report (Form AA302) provided by the Division
of Contract Compliance and Equal Employment Opportunity in Public Contracts and
distributed to the public agency to be completed by the contractor in accordance with
N.J.A.C. 17:27-4.
Public Work – Over $50,000 Total Project Cost:
A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form
AA201. A project contract ID number will be assigned to your firm upon receipt of the
completed Initial Project Workforce Report (AA201) for this contract.
B. Approved Federal or New Jersey Plan – certificate enclosed
I further certify that the statements and information contained herein, are complete and correct to
the best of my knowledge and belief.
3/28/24
Date
Authorized Signature and Title
DOC #3, continued
P.L. 1995, c. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE
CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual
orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that
employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital
status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer
setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age,
race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency
contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer
pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent
with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to
P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the
applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2
promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including
employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis
of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will
discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel
testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state
of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off
to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex,
affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court
decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as
may be requested by the office from time to time in order to carry out the purposes of these regulations, and public
agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance
investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).
Signature of Procurement Agent
DOC #4
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows
are instructions on the use of form local units can provide to contractors that are required to disclose political contributions
pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local
Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these
instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open”
process (N.J.S.A. 19:44A-20.7).
2.
Due to the potential length of some contractor submissions, the public agency should consider allowing data to be
submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents
or in an appropriate computer file and be available for public access. The form is worded to accept this alternate
submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public
agencies, including all public agencies that have elected officials in the county of the public agency, state legislative
positions, and various state entities. The Division of Local Government Services recommends that contractors be
provided a list of the affected agencies. This will assist contractors in determining the campaign and political
committees of the officials and candidates affected by the disclosure.
a.
The Division has prepared model disclosure forms for each county. They can be downloaded from the “County
PCD Forms” link on the Pay-to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent
the public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.
These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the
Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed
on the back of the form; where that is not the case, the text should be edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used
as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the
local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed
on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice
2006-7
for
additional
information
on
this
obligation
at
http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this package
and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to
Boards of Education.
Not Applicable to Grainger
DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-
20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:
any State, county, or municipal committee of a political party
any legislative leadership committee*
any continuing political committee (a.k.a., political action committee)
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the public entity is a county, of
any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were
made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on
reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a
natural person. This includes the following:
individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity
or 10% of the stock in the case of a business entity that is a corporation for profit
all principals, partners, officers, or directors of the business entity or their spouses
any subsidiaries directly or indirectly controlled by the business entity
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity
and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be
deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the
disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an
amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official
and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to
identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed
information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a
signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public
Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for
the purpose of receiving contributions and making expenditures.”
DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
Part I – Vendor Information
Vendor Name:
W.W. Grainger, Inc.
Address:
100 Grainger Parkway
City:
Lake Forest
State: IL
Zip: 60045
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions
accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Check here if disclosure is provided in electronic form
Contributor Name
Recipient Name
Date
Dollar Amount
No contributions
$
Check here if the information is continued on subsequent page(s)
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable
political contributions (more than $300 per election cycle) over the 12 months prior to submission to
the committees of the government entities listed on the form provided by the local unit.
Ken White
National Government Sales Manager
DOC #4, continued
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.
DOC #6
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN, RUSSIA AND BELARUS
N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) and N.J.S.A. 52:32-60.1
Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) and N.J.S.A. 52:32-60.1 any person or
entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must certify that neither
the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of
the Treasury’s Chapter 25 List as a person or entity engaged in investment activities in Iran, Russia or Belarus. The
Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/. Vendors/Bidders must
review this list prior to completing the below certification. If the Qualified Purchasing Agent of the Atlantic County
Utilities Authority finds a person or entity to be in violation of the law, he shall take action as may be appropriate and
provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering
damages, declaring the party in default and seeking debarment or suspension of the party.
CHECK THE APPROPRIATE BOX
I certify, pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4), and N.J.S.A. 52:32-60.1 that neither the Vendor/Bidder
listed above nor any of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List of
entities determined to be engaged in prohibited activities in Iran, Russia or Belarus.
OR
I am unable to certify as above because the Vendor/Bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the New
Jersey Department of the Treasury’s Chapter 25 List. I will provide a detailed, accurate and precise description of the activities of the
Vendor/Bidder, or one of its parents, subsidiaries or affiliates, has engaged in regarding investment activities in Iran by completing the
information requested below.
Entity Engaged in Investment Activities
Relationship to Vendor/ Bidder
Description of Activities
Duration of Engagement
Anticipated Cessation Date
Attach Additional Sheets If Necessary.
CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing
information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the
ACUA is relying on the information contained herein, and that the Vendor is under a continuing obligation from the
date of this certification through the completion of any contract(s) with the ACUA to notify the Qualified Purchasing
Agent in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to
make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution
under the law, and it will constitute a material breach of my agreement(s) with the ACUA, I am permitting the ACUA
to declare any contract(s) resulting from this certification void and unenforceable.
Ken White
Printed Name of Authorized Agent
Signature of Authorized Agent
Title
Date
Company Name
X
National Government Sales Manager
3/28/24
W.W. Grainger, Inc.
DOC #7
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
(N.J.S.A. 52:32-44)
Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued
Business Registration Certificate with their proposal here. Failure to do so will disqualify the
Offeror from offering products or services in New Jersey through any resulting contract.
https://www.njportal.com/DOR/BusinessRegistration/
Please see Grainger’s current State Division of Revenue issued Business Registration Certificate.
DOC #8
EEOAA EVIDENCE
Equal Employment Opportunity/Affirmative Action
Goods, Professional Services & General Service Projects
EEO/AA Evidence
Vendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. and
N.J.A.C. 17:27 in order to be considered a responsible vendor.
One of the following must be included with submission:
Copy of Letter of Federal Approval
Certificate of Employee Information Report (see below)
Fully Executed Form AA302
Fully Executed EEO-1 Report
See the guidelines at:
https://www.state.nj.us/treasury/contract_compliance/documents/pdf/guidelines/pa.pdf
for further information.
I certify that my bid package includes the required evidence per the above list and
State website.
Name:
Title:
Signature:
Date:
Ken White
National Government Sales Manager
03-28-24
DOC #9
MACBRIDE-PRINCIPLES
MACBRIDE PRINCIPALS FORM
BID SOLICITATION #: 240078
VENDOR/BIDDER:
W.W. Grainger, Inc.
VENDOR’S/BIDDER’S REQUIREMENT
TO PROVIDE A CERTIFICATION IN COMPLIANCE WITH THE MACBRIDE PRINCIPALS
AND NORTHERN IRELAND ACT OF 1989
Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder selected, after public bidding, by the Director
of the Division of Purchase and Property, pursuant to N.J.S.A. 52:34-12, must complete the certification below by
checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise
be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine,
in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract
or agreement to another Vendor/Bidder that has completed the certification and has submitted a bid within five (5)
percent of the most advantageous bid. If the Director finds contractors to be in violation of the principals that are
the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract,
including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in
default and seeking debarment or suspension of the party.
I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that:
CHECK THE APPROPRIATE BOX
The Vendor/Bidder has no business operations in Northern Ireland; or
OR
The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland
in accordance with the MacBride principals of nondiscrimination in employment as set forth in section 2 of P.L. 1987,
c. 177 (N.J.S.A. 52:18A-89.5) and in conformance with the United Kingdom’s Fair Employment (Northern Ireland)
Act of 1989, and permit independent monitoring of its compliance with those principals.
CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor/Bidder, that the foregoing
information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State
of New Jersey is relying on the information contained herein, and that the Vendor/Bidder is under a continuing obligation
from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of
any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute
a material breach of my agreement(s) with the State, permitting the State to declare any contract(s) resulting from this
certification to be void and unenforceable.
Signature
Date
Version June 28, 2023
STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY
DIVISION OF PURCHASE AND PROPERTY
33 WEST STATE STREET, P.O. BOX 230
TRENTON, NEW JERSEY 08625-0230
X
03-28-24
Print Name and Title
Exhibit H
Advertising Compliance Requirement
Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.210, Chapter
279A.220, and other related provisions, the following public agencies and political subdivisions of the referenced public agencies are
eligible to register with OMNIA Partners and access the Master Agreement contract award made pursuant to this solicitation, and are
hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said
statutes:
Nationwide:
State of Alabama
State of Hawaii
Commonwealth of
Massachusetts
State of New Mexico
State of South
Dakota
State of Alaska
State of Idaho
State of Michigan
State of New York
State of Tennessee
State of Arizona
State of Illinois
State of Minnesota
State of North Carolina
State of Texas
State of Arkansas
State of Indiana
State of Mississippi
State of North Dakota
State of Utah
State of California
State of Iowa
State of Missouri
State of Ohio
State of Vermont
State of Colorado
State of Kansas
State of Montana
State of Oklahoma
Commonwealth of
Virginia
State of Connecticut
Commonwealth of
Kentucky
State of Nebraska
State of Oregon
State of Washington
State of Delaware
State of Louisiana
State of Nevada
Commonwealth of
Pennsylvania
State of West
Virginia
State of Florida
State of Maine
State of New Hampshire
State of Rhode Island
State of Wisconsin
State of Georgia
State of Maryland
State of New Jersey
State of South Carolina
State of Wyoming
District of Columbia
U.S. Territories
Lists of political subdivisions and local governments in the above referenced states / districts, and territories may be found at
http://www.usa.gov/state-governments and https://www.usa.gov/local-governments.
Certain Public Agencies and Political Subdivisions:
Ken White, National Government Sales Manager
CITIES, TOWNS, VILLAGES AND BOROUGHS
INCLUDING BUT NOT LIMITED TO:
BAKER CITY GOLF COURSE, OR CITY OF ADAIR
VILLAGE, OR CITY OF ASHLAND, OR
CITY OF AUMSVILLE, OR CITY OF AURORA, OR
CITY OF BAKER, OR
CITY OF BATON ROUGE, LA CITY OF
BEAVERTON, OR CITY OF BEND, OR
CITY OF BOARDMAN, OR CITY OF BONANAZA,
OR CITY OF BOSSIER CITY, LA CITY OF
BROOKINGS, OR CITY OF BURNS, OR
CITY OF CANBY, OR
CITY OF CANYONVILLE, OR CITY OF
CLATSKANIE, OR CITY OF COBURG, OR
CITY OF CONDON, OR CITY OF COQUILLE, OR
CITY OF CORVALLI, OR
CITY OF CORVALLIS PARKS AND RECREATION
DEPARTMENT, OR
CITY OF COTTAGE GROVE, OR CITY OF DONALD,
OR
CITY OF EUGENE, OR
CITY OF FOREST GROVE, OR
CITY OF GOLD HILL, OR CITY OF GRANTS PASS, OR
CITY OF GRESHAM, OR CITY OF HILLSBORO, OR
CITY OF INDEPENDENCE, OR
CITY AND COUNTY OF HONOLULU, HI CITY OF
KENNER, LA
CITY OF LA GRANDE, OR CITY OF LAFAYETTE, LA
CITY OF LAKE CHARLES, OR CITY OF LEBANON,
OR
CITY OF MCMINNVILLE, OR CITY OF MEDFORD,
OR CITY OF METAIRIE, LA CITY OF MILL CITY,
OR CITY OF MILWAUKIE, OR CITY OF MONROE,
LA
CITY OF MOSIER, OR
CITY OF NEW ORLEANS, LA CITY OF NORTH
PLAINS, OR CITY OF OREGON CITY, OR CITY OF
PILOT ROCK, OR CITY OF PORTLAND, OR CITY
OF POWERS, OR
CITY OF PRINEVILLE, OR CITY OF REDMOND, OR
CITY OF REEDSPORT, OR CITY OF RIDDLE, OR
CITY OF ROGUE RIVER, OR
CITY OF ROSEBURG, OR CITY OF SALEM, OR
CITY OF SANDY, OR CITY OF SCAPPOOSE, OR
CITY OF SHADY COVE, OR CITY OF SHERWOOD,
OR CITY OF SHREVEPORT, LA CITY OF
SILVERTON, OR CITY OF SPRINGFIELD, OR CITY
OF ST. HELENS, OR CITY OF ST. PAUL, OR CITY
OF SULPHUR, LA CITY OF TIGARD, OR
CITY OF TROUTDALE, OR CITY OF TUALATIN, OR
CITY OF WALKER, LA CITY OF WARRENTON, OR
CITY OF WEST LINN, OR CITY OF WILSONVILLE,
OR CITY OF WINSTON, OR CITY OF WOODBURN,
OR
LEAGUE OF OREGON CITES
THE CITY OF HAPPY VALLEY OREGON ALPINE, UT
ALTA, UT ALTAMONT, UT
ALTON, UT AMALGA, UT
AMERICAN FORK CITY, UT
ANNABELLA, UT ANTIMONY, UT
APPLE VALLEY, UT AURORA, UT
BALLARD, UT
BEAR RIVER CITY, UT BEAVER, UT
BICKNELL, UT
BIG WATER, UT BLANDING, UT
BLUFFDALE, UT BOULDER, UT
CITY OF BOUNTIFUL, UT BRIAN HEAD, UT
BRIGHAM CITY CORPORATION, UT BRYCE CANYON CITY, UT
CANNONVILLE, UT
CASTLE DALE, UT CASTLE VALLEY, UT CITY
OF CEDAR CITY, UT CEDAR FORT, UT
CITY OF CEDAR HILLS, UT CENTERFIELD, UT
CENTERVILLE CITY CORPORATION, UT CENTRAL VALLEY,
UT
CHARLESTON, UT CIRCLEVILLE, UT
CLARKSTON, UT CLAWSON, UT
CLEARFIELD, UT CLEVELAND, UT
CLINTON CITY CORPORATION, UT COALVILLE, UT
CORINNE, UT CORNISH, UT
COTTONWOOD HEIGHTS, UT DANIEL, UT
DELTA, UT
DEWEYVILLE, UT DRAPER CITY, UT DUCHESNE, UT
EAGLE MOUNTAIN, UT EAST CARBON, UT ELK RIDGE, UT
ELMO, UT ELSINORE, UT ELWOOD, UT EMERY, UT ENOCH,
UT ENTERPRISE, UT EPHRAIM, UT ESCALANTE, UT
EUREKA, UT FAIRFIELD, UT FAIRVIEW, UT FARMINGTON,
UT FARR WEST, UT FAYETTE, UT FERRON, UT FIELDING,
UT FILLMORE, UT
FOUNTAIN GREEN, UT FRANCIS, UT
FRUIT HEIGHTS, UT GARDEN CITY, UT GARLAND, UT
GENOLA, UT GLENDALE, UT GLENWOOD, UT GOSHEN, UT
GRANTSVILLE, UT GREEN RIVER, UT GUNNISON, UT
HANKSVILLE, UT HARRISVILLE, UT HATCH, UT
HEBER CITY CORPORATION, UT HELPER, UT
HENEFER, UT HENRIEVILLE, UT HERRIMAN, UT
HIDEOUT, UT HIGHLAND, UT HILDALE, UT
HINCKLEY, UT HOLDEN, UT HOLLADAY, UT
HONEYVILLE, UT HOOPER, UT HOWELL, UT
HUNTINGTON, UT HUNTSVILLE, UT
CITY OF HURRICANE, UT HYDE PARK, UT
HYRUM, UT INDEPENDENCE, UT IVINS, UT
JOSEPH, UT JUNCTION, UT KAMAS, UT KANAB,
UT
KANARRAVILLE, UT KANOSH, UT KAYSVILLE, UT
KINGSTON, UT
KOOSHAREM, UT LAKETOWN, UT LA
VERKIN, UT LAYTON, UT LEAMINGTON, UT
LEEDS, UT
LEHI CITY CORPORATION, UT LEVAN, UT
LEWISTON, UT LINDON, UT LOA, UT
LOGAN CITY, UT LYMAN, UT LYNNDYL, UT
MANILA, UT MANTI, UT MANTUA, UT
MAPLETON, UT
MARRIOTT-SLATERVILLE, UT MARYSVALE, UT
MAYFIELD, UT MEADOW, UT MENDON,
UT
MIDVALE CITY INC., UT MIDWAY, UT
MILFORD, UT MILLVILLE, UT MINERSVILLE, UT MOAB, UT
MONA, UT MONROE, UT
CITY OF MONTICELLO, UT MORGAN, UT
MORONI, UT
MOUNT PLEASANT, UT
MURRAY CITY CORPORATION, UT MYTON, UT
NAPLES, UT NEPHI, UT
NEW HARMONY, UT NEWTON, UT NIBLEY, UT
NORTH LOGAN, UT NORTH OGDEN, UT
NORTH SALT LAKE CITY, UT OAK CITY, UT
OAKLEY, UT
OGDEN CITY CORPORATION, UT OPHIR, UT
ORANGEVILLE, UT ORDERVILLE, UT OREM, UT
PANGUITCH, UT PARADISE, UT PARAGONAH, UT
PARK CITY, UT PAROWAN, UT PAYSON, UT
PERRY, UT
PLAIN CITY, UT
PLEASANT GROVE CITY, UT PLEASANT VIEW, UT
PLYMOUTH, UT
PORTAGE, UT PRICE, UT PROVIDENCE, UT PROVO,
UT
RANDOLPH, UT REDMOND, UT RICHFIELD, UT
RICHMOND, UT RIVERDALE, UT RIVER HEIGHTS,
UT RIVERTON CITY, UT ROCKVILLE, UT ROCKY
RIDGE, UT
ROOSEVELT CITY CORPORATION, UT ROY, UT
RUSH VALLEY, UT
CITY OF ST. GEORGE, UT SALEM, UT
SALINA, UT
SALT LAKE CITY CORPORATION, UT SANDY, UT
SANTA CLARA, UT SANTAQUIN, UT SARATOGA
SPRINGS, UT SCIPIO, UT
SCOFIELD, UT SIGURD, UT SMITHFIELD, UT
SNOWVILLE, UT
CITY OF SOUTH JORDAN, UT SOUTH OGDEN, UT
CITY OF SOUTH SALT LAKE, UT SOUTH WEBER,
UT
SPANISH FORK, UT SPRING CITY, UT
SPRINGDALE, UT SPRINGVILLE, UT STERLING, UT
STOCKTON, UT SUNNYSIDE, UT SUNSET CITY
CORP, UT SYRACUSE, UT TABIONA, UT
CITY OF TAYLORSVILLE, UT TOOELE CITY
CORPORATION, UT TOQUERVILLE, UT
TORREY, UT TREMONTON CITY, UT TRENTON, UT
TROPIC, UT UINTAH, UT VERNAL CITY, UT
VERNON, UT VINEYARD, UT VIRGIN, UT WALES,
UT WALLSBURG, UT
WASHINGTON CITY, UT WASHINGTON TERRACE,
UT WELLINGTON, UT WELLSVILLE, UT
WENDOVER, UT
WEST BOUNTIFUL, UT WEST HAVEN, UT WEST
JORDAN, UT WEST POINT, UT
WEST VALLEY CITY, UT WILLARD, UT
WOODLAND HILLS, UT WOODRUFF, UT
WOODS CROSS, UT
COUNTIES AND PARISHES INCLUDING BUT NOT
LIMITED TO:
ASCENSION PARISH, LA
ASCENSION PARISH, LA, CLEAR OF COURT
CADDO PARISH, LA
CALCASIEU PARISH, LA
CALCASIEU PARISH SHERIFF’S OFFICE, LA
CITY AND COUNTY OF HONOLULU, HI
CLACKAMAS COUNTY, OR
CLACKAMAS COUNTY DEPT OF TRANSPORTATION,
OR
CLATSOP COUNTY, OR
COLUMBIA COUNTY, OR
COOS COUNTY, OR
COOS COUNTY HIGHWAY DEPARTMENT, OR
COUNTY OF HAWAII, OR
CROOK COUNTY, OR
CROOK COUNTY ROAD DEPARTMENT, OR
CURRY COUNTY, OR
DESCHUTES COUNTY, OR
DOUGLAS COUNTY, OR
EAST BATON ROUGE PARISH, LA GILLIAM
COUNTY, OR
GRANT COUNTY, OR HARNEY
COUNTY, OR
HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII
COUNTY, HI
HOOD RIVER COUNTY, OR JACKSON
COUNTY, OR JEFFERSON COUNTY,
OR JEFFERSON PARISH, LA
JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE
CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA
LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION
LAFOURCHE PARISH, LA KAUAI
COUNTY, HI KLAMATH COUNTY,
OR LAKE COUNTY, OR LANE
COUNTY, OR LINCOLN COUNTY,
OR LINN COUNTY, OR
LIVINGSTON PARISH, LA
MALHEUR COUNTY, OR MAUI
COUNTY, HI
MARION COUNTY, SALEM, OR MORROW
COUNTY, OR MULTNOMAH COUNTY, OR
MULTNOMAH COUNTY BUSINESS AND
COMMUNITY SERVICES, OR
MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH
LAW LIBRARY, OR
ORLEANS PARISH, LA
PLAQUEMINES PARISH, LA POLK
COUNTY, OR RAPIDES PARISH, LA
SAINT CHARLES PARISH, LA
SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT
LANDRY PARISH, LA
SAINT TAMMANY PARISH, LA SHERMAN
COUNTY, OR TERREBONNE PARISH, LA
TILLAMOOK COUNTY, OR
TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK
COUNTY GENERAL HOSPITAL, OR
UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA
COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR
WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR
YAMHILL COUNTY, OR
COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY
OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN,
UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT COUNTY
OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF
TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT
COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY
OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB,
UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT
COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF
BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT
COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT
COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF
WASHINGTON, UT
OTHER AGENCIES INCLUDING ASSOCIATIONS, BOARDS,
DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC
CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES,
RESERVATIONS AND UTILITIES INCLUDING BUT NOT
LIMITED TO:
ADAIR R.F.P.D., OR
ADEL WATER IMPROVEMENT DISTRICT, OR
ADRIAN R.F.P.D., OR
AGNESS COMMUNITY LIBRARY, OR
AGNESS-ILLAHE R.F.P.D., OR
AGRICULTURE EDUCATION SERVICE
EXTENSION DISTRICT, OR
ALDER CREEK-BARLOW WATER
DISTRICT NO. 29, OR
ALFALFA FIRE
DISTRICT, OR ALSEA
R.F.P.D., OR
ALSEA RIVIERA WATER IMPROVEMENT
DISTRICT, OR
AMITY FIRE DISTRICT, OR
ANTELOPE MEADOWS SPECIAL ROAD
DISTRICT, OR APPLE ROGUE DISTRICT
IMPROVEMENT COMPANY, OR
APPLEGATE VALLEY R.F.P.D. #9, OR
ARCH CAPE DOMESTIC WATER SUPPLY
DISTRICT, OR
ARCH CAPE SANITARY DISTRICT,
OR ARNOLD IRRIGATION
DISTRICT, OR
ASH CREEK WATER CONTROL DISTRICT,
OR ATHENA CEMETERY MAINTENANCE
DISTRICT, OR
AUMSVILLE R.F.P.D., OR
AURORA R.F.P.D., OR
AZALEA R.F.P.D., OR
BADGER IMPROVEMENT DISTRICT, OR
BAILEY-SPENCER R.F.P.D., OR
BAKER COUNTY LIBRARY DISTRICT, OR
BAKER R.F.P.D., OR
BAKER RIVERTON ROAD DISTRICT, OR
BAKER VALLEY IRRIGATION DISTRICT, OR
BAKER VALLEY S.W.C.D., OR
BAKER VALLEY VECTOR CONTROL DISTRICT, OR
BANDON CRANBERRY WATER CONTROL DISTRICT,
OR
BANDON R.F.P.D., OR
BANKS FIRE DISTRICT, OR
BANKS FIRE DISTRICT #13, OR
BAR L RANCH ROAD DISTRICT, OR
BARLOW WATER IMPROVEMENT DISTRICT, OR
BASIN AMBULANCE SERVICE DISTRICT, OR
BASIN TRANSIT SERVICE TRANSPORTATION
DISTRICT, OR
BATON ROUGE WATER COMPANY
BAY AREA HEALTH DISTRICT, OR
BAYSHORE SPECIAL ROAD DISTRICT, OR
BEAR VALLEY SPECIAL ROAD DISTRICT, OR
BEAVER CREEK WATER CONTROL DISTRICT, OR
BEAVER DRAINAGE IMPROVEMENT COMPANY,
INC., OR
BEAVER SLOUGH DRAINAGE DISTRICT, OR
BEAVER SPECIAL ROAD DISTRICT, OR
BEAVER WATER DISTRICT, OR
BELLE MER S.I.G.L. TRACTS SPECIAL ROAD
DISTRICT, OR
BEND METRO PARK AND RECREATION DISTRICT
BENTON S.W.C.D., OR
BERNDT SUBDIVISION WATER IMPROVEMENT
DISTRICT, OR
BEVERLY BEACH WATER DISTRICT, OR
BIENVILLE PARISH FIRE PROTECTION DISTRICT 6,
LA
BIG BEND IRRIGATION DISTRICT, OR
BIGGS SERVICE DISTRICT, OR
BLACK BUTTE RANCH DEPARTMENT OF POLICE
SERVICES, OR
BLACK BUTTE RANCH R.F.P.D., OR BLACK
MOUNTAIN WATER DISTRICT, OR BLODGETT-
SUMMIT R.F.P.D., OR
BLUE MOUNTAIN HOSPITAL DISTRICT, OR BLUE
MOUNTAIN TRANSLATOR DISTRICT, OR
BLUE RIVER PARK & RECREATION DISTRICT, OR BLUE RIVER
WATER DISTRICT, OR
BLY R.F.P.D., OR
BLY VECTOR CONTROL DISTRICT, OR
BLY WATER AND SANITARY DISTRICT, OR BOARDMAN
CEMETERY MAINTENANCE DISTRICT, OR
BOARDMAN PARK AND RECREATION DISTRICT BOARDMAN
R.F.P.D., OR
BONANZA BIG SPRINGS PARK & RECREATION DISTRICT, OR
BONANZA MEMORIAL PARK CEMETERY DISTRICT, OR
BONANZA R.F.P.D., OR
BONANZA-LANGELL VALLEY VECTOR CONTROL DISTRICT,
OR
BORING WATER DISTRICT #24, OR
BOULDER CREEK RETREAT SPECIAL ROAD
DISTRICT, OR
BRIDGE R.F.P.D., OR
BROOKS COMMUNITY SERVICE DISTRICT, OR
BROWNSVILLE R.F.P.D., OR
BUELL-RED PRAIRIE WATER DISTRICT, OR
BUNKER HILL R.F.P.D. #1, OR
BUNKER HILL SANITARY DISTRICT, OR
BURLINGTON WATER DISTRICT, OR
BURNT RIVER IRRIGATION DISTRICT, OR
BURNT RIVER S.W.C.D., OR
CALAPOOIA R.F.P.D., OR
CAMAS VALLEY R.F.P.D., OR
CAMELLIA PARK SANITARY DISTRICT, OR
CAMMANN ROAD DISTRICT, OR
CAMP SHERMAN ROAD DISTRICT, OR
CANBY AREA TRANSIT, OR
CANBY R.F.P.D. #62, OR
CANBY UTILITY BOARD, OR
CANNON BEACH R.F.P.D., OR
CANYONVILLE SOUTH UMPQUA FIRE DISTRICT, OR
CAPE FERRELO R.F.P.D., OR
CAPE FOULWEATHER SANITARY DISTRICT, OR
CARLSON PRIMROSE SPECIAL ROAD DISTRICT, OR
CARMEL BEACH WATER DISTRICT, OR
CASCADE VIEW ESTATES TRACT 2, OR
CEDAR CREST SPECIAL ROAD DISTRICT, OR
CEDAR TRAILS SPECIAL ROAD DISTRICT, OR
CEDAR VALLEY - NORTH BANK R.F.P.D., OR
CENTRAL CASCADES FIRE AND EMS, OR
CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA
CENTRAL LINCOLN P.U.D., OR
CENTRAL OREGON COAST FIRE & RESCUE
DISTRICT, OR
CENTRAL OREGON INTERGOVERNMENTAL
COUNCIL
CENTRAL OREGON IRRIGATION DISTRICT, OR
CHAPARRAL WATER CONTROL DISTRICT, OR
CHARLESTON FIRE DISTRICT, OR
CHARLESTON SANITARY DISTRICT, OR
CHARLOTTE ANN WATER DISTRICT, OR
CHEHALEM PARK & RECREATION DISTRICT, OR
CHEHALEM PARK AND RECREATION DISTRICT
CHEMULT R.F.P.D., OR
CHENOWITH WATER P.U.D., OR
CHERRIOTS, OR
CHETCO COMMUNITY PUBLIC LIBRARY
DISTRICT, OR
CHILOQUIN VECTOR CONTROL
DISTRICT, OR CHILOQUIN-AGENCY
LAKE R.F.P.D., OR CHINOOK DRIVE
SPECIAL ROAD DISTRICT, OR CHR
DISTRICT IMPROVEMENT
COMPANY, OR
CHRISTMAS VALLEY DOMESTIC WATER
DISTRICT, OR
CHRISTMAS VALLEY PARK &
RECREATION DISTRICT, OR
CHRISTMAS VALLEY R.F.P.D., OR
CITY OF BOGALUSA SCHOOL BOARD, LA
CLACKAMAS COUNTY FIRE DISTRICT #1,
OR CLACKAMAS COUNTY SERVICE
DISTRICT #1, OR CLACKAMAS COUNTY
VECTOR CONTROL DISTRICT, OR
CLACKAMAS RIVER WATER
CLACKAMAS RIVER WATER,
OR CLACKAMAS S.W.C.D., OR
CLATSKANIE DRAINAGE
IMPROVEMENT COMPANY, OR
CLATSKANIE LIBRARY DISTRICT, OR
CLATSKANIE P.U.D., OR
CLATSKANIE PARK & RECREATION DISTRICT,
OR CLATSKANIE PEOPLE'S UTILITY DISTRICT
CLATSKANIE R.F.P.D., OR
CLATSOP CARE CENTER HEALTH DISTRICT, OR
CLATSOP COUNTY S.W.C.D., OR
CLATSOP DRAINAGE IMPROVEMENT COMPANY
#15, INC., OR
CLEAN WATER SERVICES
CLEAN WATER SERVICES, OR
CLOVERDALE R.F.P.D., OR
CLOVERDALE SANITARY DISTRICT, OR
CLOVERDALE WATER DISTRICT, OR
COALEDO DRAINAGE DISTRICT, OR
COBURG FIRE DISTRICT, OR
COLESTIN RURAL FIRE DISTRICT, OR
COLTON R.F.P.D., OR
COLTON WATER DISTRICT #11, OR
COLUMBIA 911 COMMUNICATIONS DISTRICT, OR
COLUMBIA COUNTY 4-H & EXTENSION SERVICE
DISTRICT, OR
COLUMBIA DRAINAGE VECTOR CONTROL, OR
COLUMBIA IMPROVEMENT DISTRICT, OR
COLUMBIA R.F.P.D., OR
COLUMBIA RIVER FIRE & RESCUE,
OR COLUMBIA RIVER PUD, OR
COLUMBIA S.W.C.D., OR
COLUMBIA S.W.C.D., OR
CONFEDERATED TRIBES OF THE UMATILLA
INDIAN RESERVATION
COOS COUNTY AIRPORT DISTRICT, OR
COOS COUNTY AIRPORT DISTRICT, OR
COOS COUNTY AREA TRANSIT SERVICE DISTRICT,
OR
COOS COUNTY AREA TRANSIT SERVICE DISTRICT,
OR
COOS FOREST PROTECTIVE ASSOCIATION
COOS S.W.C.D., OR
COQUILLE R.F.P.D., OR
COQUILLE VALLEY HOSPITAL DISTRICT, OR
CORBETT WATER DISTRICT, OR
CORNELIUS R.F.P.D., OR
CORP RANCH ROAD WATER IMPROVEMENT, OR
CORVALLIS R.F.P.D., OR
COUNTRY CLUB ESTATES SPECIAL WATER DISTRICT, OR
COUNTRY CLUB WATER DISTRICT, OR COUNTRY
ESTATES ROAD DISTRICT, OR
COVE CEMETERY MAINTENANCE DISTRICT, OR COVE
ORCHARD SEWER SERVICE DISTRICT, OR COVE R.F.P.D.,
OR
CRESCENT R.F.P.D., OR
CRESCENT SANITARY DISTRICT, OR
CRESCENT WATER SUPPLY AND IMPROVEMENT DISTRICT,
OR
CROOK COUNTY AGRICULTURE EXTENSION SERVICE
DISTRICT, OR
CROOK COUNTY CEMETERY DISTRICT, OR CROOK
COUNTY FIRE AND RESCUE, OR
CROOK COUNTY PARKS & RECREATION DISTRICT, OR
CROOK COUNTY S.W.C.D., OR
CROOK COUNTY VECTOR CONTROL DISTRICT, OR CROOKED
RIVER RANCH R.F.P.D., OR
CROOKED RIVER RANCH SPECIAL ROAD DISTRICT, OR
CRYSTAL SPRINGS WATER DISTRICT, OR
CURRY COUNTY 4-H & EXTENSION SERVICE
DISTRICT, OR
CURRY COUNTY PUBLIC TRANSIT SERVICE
DISTRICT, OR
CURRY COUNTY S.W.C.D., OR
CURRY HEALTH DISTRICT, OR
CURRY PUBLIC LIBRARY DISTRICT, OR
DALLAS CEMETERY DISTRICT #4, OR DARLEY
DRIVE SPECIAL ROAD DISTRICT, OR
DAVID CROCKETT STEAM FIRE COMPANY #1, LA DAYS
CREEK R.F.P.D., OR
DAYTON FIRE DISTRICT, OR
DEAN MINARD WATER DISTRICT, OR DEE
IRRIGATION DISTRICT, OR
DEER ISLAND DRAINAGE IMPROVEMENT
COMPANY, OR
DELL BROGAN CEMETERY MAINTENANCE DISTRICT,
OR
DEPOE BAY R.F.P.D., OR
DESCHUTES COUNTY 911 SERVICE DISTRICT, OR
DESCHUTES COUNTY R.F.P.D. #2, OR DESCHUTES
PUBLIC LIBRARY DISTRICT, OR DESCHUTES
S.W.C.D., OR
DESCHUTES VALLEY WATER DISTRICT, OR
DEVILS LAKE WATER IMPROVEMENT DISTRICT, OR
DEXTER R.F.P.D., OR
DEXTER SANITARY DISTRICT, OR
DORA-SITKUM R.F.P.D., OR
DOUGLAS COUNTY FIRE DISTRICT #2, OR
DOUGLAS S.W.C.D., OR
DRAKES CROSSING R.F.P.D., OR
DRRH SPECIAL ROAD DISTRICT #6, OR
DRY GULCH DITCH DISTRICT IMPROVEMENT
COMPANY, OR
DUFUR RECREATION DISTRICT, OR
DUMBECK LANE DOMESTIC WATER SUPPLY, OR
DUNDEE R.F.P.D., OR
DURKEE COMMUNITY BUILDING PRESERVATION
DISTRICT, OR
EAGLE POINT IRRIGATION DISTRICT, OR
EAGLE VALLEY CEMETERY MAINTENANCE
DISTRICT, OR
EAGLE VALLEY R.F.P.D.,
OR EAGLE VALLEY
S.W.C.D., OR
EAST FORK IRRIGATION
DISTRICT, OR EAST
MULTNOMAH S.W.C.D., OR
EAST SALEM SERVICE
DISTRICT, OR
EAST UMATILLA CHEMICAL CONTROL
DISTRICT, OR
EAST UMATILLA COUNTY AMBULANCE
AREA HEALTH DISTRICT, OR
EAST UMATILLA COUNTY
R.F.P.D., OR EAST VALLEY
WATER DISTRICT, OR
ELGIN COMMUNITY PARKS & RECREATION
DISTRICT, OR
ELGIN HEALTH
DISTRICT, OR ELGIN
R.F.P.D., OR
ELKTON ESTATES PHASE II SPECIAL ROAD
DISTRICT, OR
ELKTON
R.F.P.D., OR
EMERALD
P.U.D., OR
ENTERPRISE IRRIGATION DISTRICT, OR
ESTACADA CEMETERY MAINTENANCE
DISTRICT, OR
ESTACADA R.F.P.D. #69,
OR EUGENE R.F.P.D. # 1,
OR
EUGENE WATER AND ELECTRIC BOARD
EVANS VALLEY FIRE DISTRICT #6, OR
FAIR OAKS R.F.P.D., OR
FAIRVIEW R.F.P.D., OR
FAIRVIEW WATER DISTRICT, OR
FALCON HEIGHTS WATER AND SEWER, OR
FALCON-COVE BEACH WATER DISTRICT, OR
FALL RIVER ESTATES SPECIAL ROAD DISTRICT, OR
FARGO INTERCHANGE SERVICE DISTRICT, OR
FARMERS IRRIGATION DISTRICT, OR
FAT ELK DRAINAGE DISTRICT, OR
FERN RIDGE PUBLIC LIBRARY DISTRICT, OR
FERN VALLEY ESTATES IMPROVEMENT DISTRICT,
OR
FOR FAR ROAD DISTRICT, OR
FOREST GROVE R.F.P.D., OR
FOREST VIEW SPECIAL ROAD DISTRICT, OR
FORT ROCK-SILVER LAKE S.W.C.D., OR
FOUR RIVERS VECTOR CONTROL DISTRICT, OR
FOX CEMETERY MAINTENANCE DISTRICT, OR
GARDINER R.F.P.D., OR
GARDINER SANITARY DISTRICT, OR
GARIBALDI R.F.P.D., OR
GASTON R.F.P.D., OR
GATES R.F.P.D., OR
GEARHART R.F.P.D., OR
GILLIAM S.W.C.D., OR
GLENDALE AMBULANCE DISTRICT, OR
GLENDALE R.F.P.D., OR
GLENEDEN BEACH SPECIAL ROAD DISTRICT, OR
GLENEDEN SANITARY DISTRICT, OR
GLENWOOD WATER DISTRICT, OR
GLIDE - IDLEYLD SANITARY DISTRICT, OR GLIDE
R.F.P.D., OR
GOLD BEACH - WEDDERBURN R.F.P.D., OR GOLD
HILL IRRIGATION DISTRICT, OR GOLDFINCH ROAD
DISTRICT, OR
GOSHEN R.F.P.D., OR
GOVERNMENT CAMP ROAD DISTRICT, OR GOVERNMENT
CAMP SANITARY DISTRICT, OR GRAND PRAIRIE WATER
CONTROL DISTRICT, OR GRAND RONDE SANITARY
DISTRICT, OR
GRANT COUNTY TRANSPORTATION DISTRICT, OR GRANT
S.W.C.D., OR
GRANTS PASS IRRIGATION DISTRICT, OR GREATER
BOWEN VALLEY R.F.P.D., OR GREATER ST. HELENS
PARK & RECREATION DISTRICT, OR
GREATER TOLEDO POOL RECREATION DISTRICT, OR
GREEN KNOLLS SPECIAL ROAD DISTRICT, OR GREEN
SANITARY DISTRICT, OR GREENACRES R.F.P.D., OR
GREENBERRY IRRIGATION DISTRICT, OR
GREENSPRINGS RURAL FIRE DISTRICT, OR HAHLEN
ROAD SPECIAL DISTRICT, OR
HAINES CEMETERY MAINTENANCE DISTRICT, OR HAINES
FIRE PROTECTION DISTRICT, OR
HALSEY-SHEDD R.F.P.D., OR HAMLET
R.F.P.D., OR HARBOR R.F.P.D., OR
HARBOR SANITARY DISTRICT, OR HARBOR WATER
P.U.D., OR
HARNEY COUNTY HEALTH DISTRICT, OR HARNEY
S.W.C.D., OR
HARPER SOUTH SIDE IRRIGATION DISTRICT, OR
HARRISBURG FIRE AND RESCUE, OR
HAUSER R.F.P.D., OR
HAZELDELL RURAL FIRE DISTRICT, OR
HEBO JOINT WATER-SANITARY AUTHORITY, OR
HECETA WATER P.U.D., OR
HELIX CEMETERY MAINTENANCE DISTRICT #4, OR
HELIX PARK & RECREATION DISTRICT, OR
HELIX R.F.P.D. #7-411, OR
HEPPNER CEMETERY MAINTENANCE DISTRICT, OR
HEPPNER R.F.P.D., OR
HEPPNER WATER CONTROL DISTRICT, OR
HEREFORD COMMUNITY HALL RECREATION
DISTRICT, OR
HERMISTON CEMETERY DISTRICT, OR
HERMISTON IRRIGATION DISTRICT, OR
HIDDEN VALLEY MOBILE ESTATES IMPROVEMENT
DISTRICT, OR
HIGH DESERT PARK & RECREATION DISTRICT, OR
HIGHLAND SUBDIVISION WATER DISTRICT, OR
HONOLULU INTERNATIONAL AIRPORT
HOOD RIVER COUNTY LIBRARY DISTRICT, OR
HOOD RIVER COUNTY TRANSPORTATION DISTRICT,
OR
HOOD RIVER S.W.C.D., OR
HOOD RIVER VALLEY PARKS & RECREATION
DISTRICT, OR
HOODLAND FIRE DISTRICT #74
HOODLAND FIRE DISTRICT #74, OR
HORSEFLY IRRIGATION DISTRICT, OR
HOSKINS-KINGS VALLEY R.F.P.D., OR
HOUSING AUTHORITY OF PORTLAND
HUBBARD R.F.P.D., OR
HUDSON BAY DISTRICT IMPROVEMENT COMPANY,
OR
I N (KAY) YOUNG DITCH DISTRICT IMPROVEMENT
COMPANY, OR
ICE FOUNTAIN WATER DISTRICT,
OR IDAHO POINT SPECIAL ROAD
DISTRICT, OR
IDANHA-DETROIT RURAL FIRE
PROTECTION DISTRICT, OR
ILLINOIS VALLEY FIRE
DISTRICT ILLINOIS
VALLEY R.F.P.D., OR
ILLINOIS VALLEY
S.W.C.D., OR IMBLER
R.F.P.D., OR
INTERLACHEN WATER
P.U.D., OR IONE
LIBRARY DISTRICT, OR
IONE R.F.P.D. #6-604, OR
IRONSIDE CEMETERY MAINTENANCE DISTRICT,
OR IRONSIDE RURAL ROAD DISTRICT #5, OR
IRRIGON PARK & RECREATION DISTRICT,
OR IRRIGON R.F.P.D., OR
ISLAND CITY AREA SANITATION
DISTRICT, OR ISLAND CITY CEMETERY
MAINTENANCE DISTRICT, OR
JACK PINE VILLAGE SPECIAL ROAD
DISTRICT, OR JACKSON COUNTY FIRE
DISTRICT #3, OR JACKSON COUNTY
FIRE DISTRICT #4, OR JACKSON
COUNTY FIRE DISTRICT #5, OR
JACKSON COUNTY LIBRARY DISTRICT,
OR
JACKSON COUNTY VECTOR CONTROL
DISTRICT, OR JACKSON S.W.C.D., OR
JASPER KNOLLS WATER DISTRICT, OR
JEFFERSON COUNTY EMERGENCY
MEDICAL SERVICE DISTRICT, OR
JEFFERSON COUNTY FIRE DISTRICT #1, OR
JEFFERSON COUNTY LIBRARY DISTRICT,
OR JEFFERSON COUNTY S.W.C.D., OR
JEFFERSON PARK & RECREATION DISTRICT, OR
JEFFERSON R.F.P.D., OR
JOB'S DRAINAGE DISTRICT, OR
JOHN DAY WATER DISTRICT, OR
JOHN DAY-CANYON CITY PARKS & RECREATION
DISTRICT, OR
JOHN DAY-FERNHILL R.F.P.D. #5-108, OR
JORDAN VALLEY CEMETERY DISTRICT, OR
JORDAN VALLEY IRRIGATION DISTRICT, OR
JOSEPHINE COMMUNITY LIBRARY DISTRICT,
OR JOSEPHINE COUNTY 4-H & EXTENSION
SERVICE DISTRICT, OR
JOSEPHINE COUNTY 911 AGENCY, OR
JUNCTION CITY R.F.P.D., OR
JUNCTION CITY WATER CONTROL DISTRICT, OR
JUNIPER BUTTE ROAD DISTRICT, OR
JUNIPER CANYON WATER CONTROL DISTRICT, OR
JUNIPER FLAT DISTRICT IMPROVEMENT
COMPANY, OR
JUNIPER FLAT R.F.P.D., OR
JUNO NONPROFIT WATER IMPROVEMENT
DISTRICT, OR
KEATING R.F.P.D., OR
KEATING S.W.C.D., OR
KEIZER R.F.P.D., OR
KELLOGG RURAL FIRE DISTRICT, OR
KENO IRRIGATION DISTRICT, OR
KENO PINES ROAD DISTRICT, OR
KENO R.F.P.D., OR
KENT WATER DISTRICT, OR KERBY
WATER DISTRICT, OR K-GB-LB WATER
DISTRICT, OR KILCHIS WATER
DISTRICT, OR
KLAMATH 9-1-1 COMMUNICATIONS DISTRICT, OR KLAMATH
BASIN IMPROVEMENT DISTRICT, OR KLAMATH COUNTY
DRAINAGE SERVICE DISTRICT, OR
KLAMATH COUNTY EXTENSION SERVICE DISTRICT, OR
KLAMATH COUNTY FIRE DISTRICT #1, OR KLAMATH
COUNTY FIRE DISTRICT #3, OR KLAMATH COUNTY FIRE
DISTRICT #4, OR KLAMATH COUNTY FIRE DISTRICT #5, OR
KLAMATH COUNTY LIBRARY SERVICE DISTRICT, OR
KLAMATH COUNTY PREDATORY ANIMAL CONTROL
DISTRICT, OR
KLAMATH DRAINAGE DISTRICT, OR
KLAMATH FALLS FOREST ESTATES SPECIAL ROAD DISTRICT
UNIT #2, OR
KLAMATH INTEROPERABILITY RADIO GROUP, OR KLAMATH
IRRIGATION DISTRICT, OR
KLAMATH RIVER ACRES SPECIAL ROAD DISTRICT, OR
KLAMATH S.W.C.D., OR
KLAMATH VECTOR CONTROL DISTRICT, OR
KNAPPA-SVENSEN-BURNSIDE R.F.P.D., OR
LA GRANDE CEMETERY MAINTENANCE DISTRICT, OR
LA GRANDE R.F.P.D., OR
LA PINE PARK & RECREATION DISTRICT, OR LA PINE
R.F.P.D., OR
LABISH VILLAGE SEWAGE & DRAINAGE, OR LACOMB
IRRIGATION DISTRICT, OR LAFAYETTE AIRPORT
COMMISSION, LA LAFOURCHE PARISH HEALTH UNIT –
DHH-OPH REGION 3
LAIDLAW WATER DISTRICT, OR
LAKE CHINOOK FIRE & RESCUE, OR
LAKE COUNTY 4-H & EXTENSION SERVICE DISTRICT,
OR
LAKE COUNTY LIBRARY DISTRICT, OR
LAKE CREEK R.F.P.D. - JACKSON, OR LAKE
CREEK R.F.P.D. - LANE COUNTY, OR LAKE
DISTRICT HOSPITAL, OR
LAKE GROVE R.F.P.D. NO. 57, OR
LAKE GROVE WATER DISTRICT, OR
LAKE LABISH WATER CONTROL DISTRICT, OR
LAKE POINT SPECIAL ROAD DISTRICT, OR
LAKESIDE R.F.P.D. #4, OR
LAKESIDE WATER DISTRICT, OR
LAKEVIEW R.F.P.D., OR
LAKEVIEW S.W.C.D., OR
LAMONTAI IMPROVEMENT DISTRICT, OR
LANE FIRE AUTHORITY, OR
LANE LIBRARY DISTRICT, OR LANE
TRANSIT DISTRICT, OR
LANGELL VALLEY IRRIGATION DISTRICT, OR
LANGLOIS PUBLIC LIBRARY, OR
LANGLOIS R.F.P.D., OR LANGLOIS
WATER DISTRICT, OR
LAZY RIVER SPECIAL ROAD DISTRICT, OR
LEBANON AQUATIC DISTRICT, OR LEBANON
R.F.P.D., OR
LEWIS & CLARK R.F.P.D., OR
LINCOLN COUNTY LIBRARY DISTRICT, OR LINCOLN
S.W.C.D., OR
LINN COUNTY EMERGENCY TELEPHONE AGENCY,
OR
LINN S.W.C.D., OR
LITTLE MUDDY CREEK WATER CONTROL,
OR LITTLE NESTUCCA DRAINAGE
DISTRICT, OR
LITTLE SWITZERLAND SPECIAL ROAD
DISTRICT, OR LONE PINE IRRIGATION
DISTRICT, OR
LONG PRAIRIE WATER DISTRICT, OR
LOOKINGGLASS OLALLA WATER
CONTROL DISTRICT, OR
LOOKINGGLASS RURAL FIRE DISTRICT,
OR LORANE R.F.P.D., OR
LOST & BOULDER DITCH IMPROVEMENT
DISTRICT, OR
LOST CREEK PARK SPECIAL ROAD
DISTRICT, OR LOUISIANA PUBLIC
SERVICE COMMISSION, LA LOUISIANA
WATER WORKS
LOWELL R.F.P.D., OR
LOWER MCKAY CREEK R.F.P.D.,
OR LOWER MCKAY CREEK
WATER CONTROL DISTRICT, OR
LOWER POWDER RIVER IRRIGATION
DISTRICT, OR LOWER SILETZ WATER
DISTRICT, OR
LOWER UMPQUA HOSPITAL DISTRICT, OR
LOWER UMPQUA PARK & RECREATION
DISTRICT, OR
LOWER VALLEY WATER IMPROVEMENT
DISTRICT, OR
LUCE LONG DITCH DISTRICT
IMPROVEMENT CO., OR
LUSTED WATER DISTRICT,
OR LYONS R.F.P.D., OR
LYONS-MEHAMA WATER
DISTRICT, OR MADRAS AQUATIC
CENTER DISTRICT, OR MAKAI
SPECIAL ROAD DISTRICT, OR
MALHEUR COUNTY S.W.C.D., OR
MALHEUR COUNTY VECTOR CONTROL
DISTRICT, OR
MALHEUR DISTRICT IMPROVEMENT COMPANY, OR
MALHEUR DRAINAGE DISTRICT, OR
MALHEUR MEMORIAL HEALTH DISTRICT, OR
MALIN COMMUNITY CEMETERY MAINTENANCE
DISTRICT, OR
MALIN COMMUNITY PARK & RECREATION
DISTRICT, OR
MALIN IRRIGATION DISTRICT, OR
MALIN R.F.P.D., OR
MAPLETON FIRE DEPARTMENT, OR
MAPLETON WATER DISTRICT, OR
MARCOLA WATER DISTRICT, OR
MARION COUNTY EXTENSION & 4H SERVICE
DISTRICT, OR
MARION COUNTY FIRE DISTRICT #1, OR
MARION JACK IMPROVEMENT DISTRICT, OR
MARION S.W.C.D., OR
MARY'S RIVER ESTATES ROAD DISTRICT, OR
MCDONALD FOREST ESTATES SPECIAL ROAD
DISTRICT, OR
MCKAY ACRES IMPROVEMENT DISTRICT, OR
MCKAY DAM R.F.P.D. # 7-410, OR
MCKENZIE FIRE & RESCUE, OR
MCKENZIE PALISADES WATER SUPPLY
CORPORATION, OR
MCMINNVILLE R.F.P.D., OR MCNULTY WATER
P.U.D., OR MEADOWS DRAINAGE DISTRICT,
OR MEDFORD IRRIGATION DISTRICT, OR
MEDFORD R.F.P.D. #2, OR
MEDFORD WATER COMMISSION MEDICAL
SPRINGS R.F.P.D., OR MELHEUR COUNTY JAIL,
OR
MERLIN COMMUNITY PARK DISTRICT, OR MERRILL
CEMETERY MAINTENANCE DISTRICT, OR MERRILL PARK
DISTRICT, OR
MERRILL R.F.P.D., OR
METRO REGIONAL GOVERNMENT METRO
REGIONAL PARKS
METROPOLITAN EXPOSITION RECREATION COMMISSION
METROPOLITAN SERVICE DISTRICT (METRO)
MID COUNTY CEMETERY MAINTENANCE DISTRICT, OR
MID-COLUMBIA FIRE AND RESCUE, OR MIDDLE FORK
IRRIGATION DISTRICT, OR MIDLAND COMMUNITY
PARK, OR
MIDLAND DRAINAGE IMPROVEMENT DISTRICT, OR MILES
CROSSING SANITARY SEWER DISTRICT, OR MILL CITY
R.F.P.D. #2-303, OR
MILL FOUR DRAINAGE DISTRICT, OR
MILLICOMA RIVER PARK & RECREATION DISTRICT, OR
MILLINGTON R.F.P.D. #5, OR
MILO VOLUNTEER FIRE DEPARTMENT, OR MILTON-
FREEWATER AMBULANCE SERVICE AREA HEALTH
DISTRICT, OR
MILTON-FREEWATER WATER CONTROL DISTRICT, OR
MIROCO SPECIAL ROAD DISTRICT, OR MIST-
BIRKENFELD R.F.P.D., OR
MODOC POINT IRRIGATION DISTRICT, OR MODOC
POINT SANITARY DISTRICT, OR MOHAWK
VALLEY R.F.P.D., OR MOLALLA AQUATIC
DISTRICT, OR MOLALLA R.F.P.D. #73, OR
MONITOR R.F.P.D., OR
MONROE R.F.P.D., OR
MONUMENT CEMETERY MAINTENANCE DISTRICT,
OR
MONUMENT S.W.C.D., OR
MOOREA DRIVE SPECIAL ROAD DISTRICT, OR
MORO R.F.P.D., OR
MORROW COUNTY HEALTH DISTRICT, OR
MORROW COUNTY UNIFIED RECREATION
DISTRICT, OR
MORROW S.W.C.D., OR
MOSIER FIRE DISTRICT, OR
MOUNTAIN DRIVE SPECIAL ROAD DISTRICT, OR
MT. ANGEL R.F.P.D., OR
MT. HOOD IRRIGATION DISTRICT, OR
MT. LAKI CEMETERY DISTRICT, OR
MT. VERNON R.F.P.D., OR
MULINO WATER DISTRICT #1, OR
MULTNOMAH COUNTY DRAINAGE DISTRICT #1, OR
MULTNOMAH COUNTY R.F.P.D. #10, OR
MULTNOMAH COUNTY R.F.P.D. #14, OR
MULTNOMAH EDUCATION SERVICE DISTRICT
MYRTLE CREEK R.F.P.D., OR
NEAH-KAH-NIE WATER DISTRICT, OR
NEDONNA R.F.P.D., OR
NEHALEM BAY FIRE AND RESCUE, OR
NEHALEM BAY HEALTH DISTRICT, OR
NEHALEM BAY WASTEWATER AGENCY, OR
NESIKA BEACH-OPHIR WATER DISTRICT, OR
NESKOWIN REGIONAL SANITARY AUTHORITY, OR
NESKOWIN REGIONAL WATER DISTRICT,
OR NESTUCCA R.F.P.D., OR
NETARTS WATER
DISTRICT, OR NETARTS-
OCEANSIDE R.F.P.D., OR
NETARTS-OCEANSIDE SANITARY
DISTRICT, OR NEW BRIDGE WATER
SUPPLY DISTRICT, OR NEW CARLTON
FIRE DISTRICT, OR
NEW ORLEANS REDEVELOPMENT
AUTHORITY, LA NEW PINE CREEK
R.F.P.D., OR
NEWBERG R.F.P.D., OR
NEWBERRY ESTATES SPECIAL ROAD
DISTRICT, OR NEWPORT R.F.P.D., OR
NEWT YOUNG DITCH DISTRICT
IMPROVEMENT COMPANY, OR
NORTH ALBANY
R.F.P.D., OR NORTH
BAY R.F.P.D. #9, OR
NORTH CLACKAMAS PARKS &
RECREATION DISTRICT, OR
NORTH COUNTY RECREATION DISTRICT,
OR NORTH DOUGLAS COUNTY FIRE &
EMS, OR NORTH DOUGLAS PARK &
RECREATION DISTRICT, OR
NORTH GILLIAM COUNTY HEALTH
DISTRICT, OR NORTH GILLIAM COUNTY
R.F.P.D., OR
NORTH LAKE HEALTH DISTRICT, OR
NORTH LEBANON WATER CONTROL
DISTRICT, OR NORTH LINCOLN FIRE &
RESCUE DISTRICT #1, OR NORTH
LINCOLN HEALTH DISTRICT, OR
NORTH MORROW VECTOR CONTROL
DISTRICT, OR NORTH SHERMAN COUNTY
R.F.P.D, OR
NORTH UNIT IRRIGATION DISTRICT, OR
NORTHEAST OREGON HOUSING
AUTHORITY, OR NORTHEAST WHEELER
COUNTY HEALTH DISTRICT, OR
NORTHERN WASCO COUNTY P.U.D., OR
NORTHERN WASCO COUNTY PARK &
RECREATION DISTRICT, OR
NYE DITCH USERS DISTRICT IMPROVEMENT,
ORNYSSA ROAD ASSESSMENT DISTRICT #2, OR
NYSSA RURAL FIRE DISTRICT, OR
NYSSA-ARCADIA DRAINAGE DISTRICT, OR
OAK LODGE WATER SERVICES, OR
OAKLAND R.F.P.D., OR
OAKVILLE COMMUNITY CENTER, OR
OCEANSIDE WATER DISTRICT, OR
OCHOCO IRRIGATION DISTRICT, OR
OCHOCO WEST WATER AND SANITARY
AUTHORITY, OR
ODELL SANITARY DISTRICT, OR
OLD OWYHEE DITCH IMPROVEMENT DISTRICT, OR
OLNEY-WALLUSKI FIRE & RESCUE DISTRICT, OR
ONTARIO LIBRARY DISTRICT, OR
ONTARIO R.F.P.D., OR
OPHIR R.F.P.D., OR
OREGON COAST COMMUNITY ACTION
OREGON HOUSING AND COMMUNITY SERVICES
OREGON INTERNATIONAL PORT OF COOS BAY, OR
OREGON LEGISLATIVE ADMINISTRATION
OREGON OUTBACK R.F.P.D., OR
OREGON POINT, OR
OREGON TRAIL LIBRARY DISTRICT, OR OTTER
ROCK WATER DISTRICT, OR OWW UNIT #2
SANITARY DISTRICT, OR
OWYHEE CEMETERY MAINTENANCE DISTRICT, OR OWYHEE
IRRIGATION DISTRICT, OR
PACIFIC CITY JOINT WATER-SANITARY AUTHORITY,
OR
PACIFIC COMMUNITIES HEALTH DISTRICT, OR PACIFIC
RIVIERA #3 SPECIAL ROAD DISTRICT, OR PALATINE HILL
WATER DISTRICT, OR
PALMER CREEK WATER DISTRICT IMPROVEMENT
COMPANY, OR
PANORAMIC ACCESS SPECIAL ROAD DISTRICT, OR PANTHER
CREEK ROAD DISTRICT, OR
PANTHER CREEK WATER DISTRICT, OR PARKDALE
R.F.P.D., OR
PARKDALE SANITARY DISTRICT, OR PENINSULA
DRAINAGE DISTRICT #1, OR PENINSULA DRAINAGE
DISTRICT #2, OR PHILOMATH FIRE AND RESCUE, OR
PILOT ROCK CEMETERY MAINTENANCE DISTRICT #5, OR
PILOT ROCK PARK & RECREATION DISTRICT, OR PILOT ROCK
R.F.P.D., OR
PINE EAGLE HEALTH DISTRICT, OR
PINE FLAT DISTRICT IMPROVEMENT COMPANY, OR PINE
GROVE IRRIGATION DISTRICT, OR
PINE GROVE WATER DISTRICT-KLAMATH FALLS, OR
PINE GROVE WATER DISTRICT-MAUPIN, OR PINE
VALLEY CEMETERY DISTRICT, OR PINE VALLEY
R.F.P.D., OR
PINEWOOD COUNTRY ESTATES SPECIAL ROAD DISTRICT, OR
PIONEER DISTRICT IMPROVEMENT COMPANY, OR PISTOL
RIVER CEMETERY MAINTENANCE DISTRICT, OR
PISTOL RIVER FIRE DISTRICT, OR PLEASANT HILL
R.F.P.D., OR
PLEASANT HOME WATER DISTRICT, OR POCAHONTAS
MINING AND IRRIGATION DISTRICT, OR
POE VALLEY IMPROVEMENT DISTRICT, OR
POE VALLEY PARK & RECREATION DISTRICT, OR POE
VALLEY VECTOR CONTROL DISTRICT, OR
POLK COUNTY FIRE DISTRICT #1, OR
POLK S.W.C.D., OR
POMPADOUR WATER IMPROVEMENT DISTRICT, OR
PONDEROSA PINES EAST SPECIAL ROAD DISTRICT,
OR
PORT OF ALSEA, OR
PORT OF ARLINGTON, OR
PORT OF ASTORIA, OR
PORT OF BANDON, OR
PORT OF BRANDON, OR
PORT OF BROOKINGS HARBOR, OR
PORT OF CASCADE LOCKS, OR
PORT OF COQUILLE RIVER, OR
PORT OF GARIBALDI, OR
PORT OF GOLD BEACH, OR
PORT OF HOOD RIVER, OR
PORT OF MORGAN CITY, LA
PORT OF MORROW, OR
PORT OF NEHALEM, OR
PORT OF NEWPORT, OR
PORT OF PORT ORFORD, OR
PORT OF PORTLAND, OR
PORT OF SIUSLAW, OR
PORT OF ST. HELENS, OR
PORT OF THE DALLES, OR
PORT OF TILLAMOOK
BAY, OR PORT OF
TOLEDO, OR
PORT OF
UMATILLA, OR
PORT OF
UMPQUA, OR
PORT ORFORD CEMETERY
MAINTENANCE DISTRICT, OR
PORT ORFORD PUBLIC LIBRARY
DISTRICT, OR PORT ORFORD R.F.P.D., OR
PORTLAND DEVELOPMENT
COMMISSION, OR PORTLAND FIRE AND
RESCUE
PORTLAND HOUSING
CENTER, OR POWDER
R.F.P.D., OR
POWDER RIVER R.F.P.D., OR
POWDER VALLEY WATER CONTROL
DISTRICT, OR POWERS HEALTH
DISTRICT, OR
PRAIRIE CEMETERY MAINTENANCE
DISTRICT, OR PRINEVILLE LAKE ACRES
SPECIAL ROAD DISTRICT #1, OR
PROSPECT R.F.P.D., OR
QUAIL VALLEY PARK IMPROVEMENT
DISTRICT, OR QUEENER IRRIGATION
IMPROVEMENT DISTRICT, OR
RAINBOW WATER
DISTRICT, OR RAINIER
CEMETERY DISTRICT, OR
RAINIER DRAINAGE IMPROVEMENT
COMPANY, OR RALEIGH WATER
DISTRICT, OR
REDMOND AREA PARK & RECREATION
DISTRICT, OR
REDMOND FIRE AND RESCUE,
OR RIDDLE FIRE PROTECTION
DISTRICT, OR
RIDGEWOOD DISTRICT IMPROVEMENT
COMPANY, OR
RIDGEWOOD ROAD
DISTRICT, OR RIETH
SANITARY DISTRICT, OR
RIETH WATER DISTRICT,
OR
RIMROCK WEST IMPROVEMENT
DISTRICT, OR RINK CREEK WATER
DISTRICT, OR
RIVER BEND ESTATES SPECIAL ROAD
DISTRICT, OR RIVER FOREST ACRES
SPECIAL ROAD DISTRICT, OR RIVER
MEADOWS IMPROVEMENT DISTRICT, OR
RIVER PINES ESTATES SPECIAL ROAD
DISTRICT, OR RIVER ROAD PARK &
RECREATION DISTRICT, OR
RIVER ROAD WATER DISTRICT, OR
RIVERBEND RIVERBANK WATER IMPROVEMENT
DISTRICT, OR
RIVERDALE R.F.P.D. 11-JT, OR
RIVERGROVE WATER DISTRICT, OR
RIVERSIDE MISSION WATER CONTROL DISTRICT,
OR
RIVERSIDE R.F.P.D. #7-406, OR
RIVERSIDE WATER DISTRICT, OR
ROBERTS CREEK WATER DISTRICT, OR
ROCK CREEK DISTRICT IMPROVEMENT, OR ROCK
CREEK WATER DISTRICT, OR ROCKWOOD WATER
P.U.D., OR
ROCKY POINT FIRE & EMS, OR ROGUE RIVER
R.F.P.D., OR
ROGUE RIVER VALLEY IRRIGATION DISTRICT, OR ROGUE
VALLEY SEWER SERVICES, OR
ROGUE VALLEY SEWER, OR
ROGUE VALLEY TRANSPORTATION DISTRICT, OR ROSEBURG
URBAN SANITARY AUTHORITY, OR ROSEWOOD ESTATES
ROAD DISTRICT, OR
ROW RIVER VALLEY WATER DISTRICT, OR RURAL ROAD
ASSESSMENT DISTRICT #3, OR RURAL ROAD ASSESSMENT
DISTRICT #4, OR SAINT LANDRY PARISH TOURIST
COMMISSION SAINT MARY PARISH REC DISTRICT 2
SAINT MARY PARISH REC DISTRICT 3 SAINT
TAMMANY FIRE DISTRICT 4, LA SALEM AREA MASS
TRANSIT DISTRICT, OR SALEM MASS TRANSIT
DISTRICT
SALEM SUBURBAN R.F.P.D., OR SALISHAN
SANITARY DISTRICT, OR
SALMON RIVER PARK SPECIAL ROAD DISTRICT, OR SALMON
RIVER PARK WATER IMPROVEMENT DISTRICT, OR
SALMONBERRY TRAIL INTERGOVERNMENTAL AGENCY, OR
SANDPIPER VILLAGE SPECIAL ROAD DISTRICT, OR SANDY
DRAINAGE IMPROVEMENT COMPANY, OR SANDY R.F.P.D.
#72, OR
SANTA CLARA R.F.P.D., OR
SANTA CLARA WATER DISTRICT, OR SANTIAM
WATER CONTROL DISTRICT, OR SAUVIE ISLAND
DRAINAGE IMPROVEMENT COMPANY, OR
SAUVIE ISLAND VOLUNTEER FIRE DISTRICT #30J, OR
SCAPPOOSE DRAINAGE IMPROVEMENT COMPANY, OR
SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR SCAPPOOSE
R.F.P.D., OR
SCIO R.F.P.D., OR SCOTTSBURG R.F.P.D.,
OR SEAL ROCK R.F.P.D., OR
SEAL ROCK WATER DISTRICT, OR
SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA
SHANGRI-LA WATER DISTRICT, OR SHASTA VIEW
IRRIGATION DISTRICT, OR
SHELLEY ROAD CREST ACRES WATER DISTRICT, OR
SHERIDAN FIRE DISTRICT, OR
SHERMAN COUNTY HEALTH DISTRICT, OR
SHERMAN COUNTY S.W.C.D., OR SHORELINE
SANITARY DISTRICT, OR SILETZ KEYS SANITARY
DISTRICT, OR SILETZ R.F.P.D., OR
SILVER FALLS LIBRARY DISTRICT, OR
SILVER LAKE IRRIGATION DISTRICT, OR
SILVER LAKE R.F.P.D., OR
SILVER SANDS SPECIAL ROAD DISTRICT, OR
SILVERTON R.F.P.D. NO. 2, OR
SISTERS PARKS & RECREATION DISTRICT, OR
SISTERS-CAMP SHERMAN R.F.P.D., OR
SIUSLAW PUBLIC LIBRARY DISTRICT, OR
SIUSLAW S.W.C.D., OR
SIUSLAW VALLEY FIRE AND RESCUE, OR
SIXES R.F.P.D., OR
SKIPANON WATER CONTROL DISTRICT, OR
SKYLINE VIEW DISTRICT IMPROVEMENT
COMPANY, OR
SLEEPY HOLLOW WATER DISTRICT, OR
SMITH DITCH DISTRICT IMPROVEMENT COMPANY,
OR
SOUTH CLACKAMAS TRANSPORTATION
DISTRICT, OR
SOUTH COUNTY HEALTH DISTRICT,
OR SOUTH FORK WATER BOARD,
OR
SOUTH GILLIAM COUNTY CEMETERY
DISTRICT, OR SOUTH GILLIAM COUNTY
HEALTH DISTRICT, OR SOUTH GILLIAM
COUNTY R.F.P.D. VI-301, OR SOUTH
LAFOURCHE LEVEE DISTRICT, LA
SOUTH LANE COUNTY FIRE &
RESCUE, OR SOUTH SANTIAM
RIVER
WATER
CONTROL
DISTRICT, OR
SOUTH SHERMAN FIRE DISTRICT,
OR SOUTH SUBURBAN SANITARY
DISTRICT, OR
SOUTH WASCO PARK & RECREATION
DISTRICT, OR SOUTHERN COOS HEALTH
DISTRICT, OR SOUTHERN CURRY
CEMETERY MAINTENANCE DISTRICT, OR
SOUTHVIEW IMPROVEMENT DISTRICT,
OR SOUTHWEST LINCOLN COUNTY
WATER DISTRICT, OR
SOUTHWESTERN POLK COUNTY
R.F.P.D., OR SOUTHWOOD PARK
WATER DISTRICT, OR SPECIAL
ROAD DISTRICT #1, OR
SPECIAL ROAD DISTRICT #8, OR
SPRING RIVER SPECIAL ROAD
DISTRICT, OR SPRINGFIELD
UTILITY BOARD, OR
ST. PAUL R.F.P.D., OR
STANFIELD CEMETERY
DISTRICT #6, OR STANFIELD
IRRIGATION DISTRICT, OR
STARR CREEK ROAD
DISTRICT, OR STARWOOD
SANITARY DISTRICT, OR
STAYTON FIRE DISTRICT, OR
SUBLIMITY FIRE DISTRICT, OR
SUBURBAN EAST SALEM WATER
DISTRICT, OR SUBURBAN LIGHTING
DISTRICT, OR
SUCCOR CREEK DISTRICT
IMPROVEMENT COMPANY, OR
SUMMER LAKE IRRIGATION
DISTRICT, OR SUMMERVILLE
CEMETERY MAINTENANCE
DISTRICT, OR
SUMNER R.F.P.D., OR
SUN MOUNTAIN SPECIAL ROAD DISTRICT,
OR SUNDOWN SANITATION DISTRICT, OR
SUNFOREST ESTATES SPECIAL ROAD DISTRICT, OR
SUNNYSIDE IRRIGATION DISTRICT, OR
SUNRISE WATER AUTHORITY,
OR SUNRIVER SERVICE
DISTRICT, OR
SUNSET EMPIRE PARK & RECREATION
DISTRICT, OR
SUNSET EMPIRE TRANSPORTATION DISTRICT, OR
SURFLAND ROAD DISTRICT, OR
SUTHERLIN VALLEY RECREATION DISTRICT, OR
SUTHERLIN WATER CONTROL DISTRICT, OR
SWALLEY IRRIGATION DISTRICT, OR
SWEET HOME CEMETERY MAINTENANCE DISTRICT, OR
SWEET HOME FIRE & AMBULANCE DISTRICT, OR
SWISSHOME-DEADWOOD R.F.P.D., OR
TABLE ROCK DISTRICT IMPROVEMENT COMPANY, OR
TALENT IRRIGATION DISTRICT, OR TANGENT
R.F.P.D., OR
TENMILE R.F.P.D., OR
TERREBONNE DOMESTIC WATER DISTRICT, OR THE
DALLES IRRIGATION DISTRICT, OR THOMAS CREEK-
WESTSIDE R.F.P.D., OR
THREE RIVERS RANCH ROAD DISTRICT, OR THREE
SISTERS IRRIGATION DISTRICT, OR TIGARD TUALATIN
AQUATIC DISTRICT, OR TIGARD WATER DISTRICT, OR
TILLAMOOK BAY FLOOD IMPROVEMENT DISTRICT, OR
TILLAMOOK COUNTY EMERGENCY
COMMUNICATIONS DISTRICT, OR TILLAMOOK
COUNTY S.W.C.D., OR
TILLAMOOK COUNTY TRANSPORTATION DISTRICT, OR
TILLAMOOK FIRE DISTRICT, OR TILLAMOOK P.U.D.,
OR
TILLER R.F.P.D., OR
TOBIN DITCH DISTRICT IMPROVEMENT COMPANY, OR
TOLEDO R.F.P.D., OR
TONE WATER DISTRICT, OR TOOLEY
WATER DISTRICT, OR TRASK DRAINAGE
DISTRICT, OR TRI CITY R.F.P.D. #4, OR
TRI-CITY WATER & SANITARY AUTHORITY, OR TRI-
COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF
OREGON
TRIMET, OR
TUALATIN
HILLS
PARK
&
RECREATION
DISTRICT
TUALATIN HILLS PARK & RECREATION DISTRICT, OR
TUALATIN S.W.C.D., OR
TUALATIN VALLEY FIRE & RESCUE TUALATIN
VALLEY FIRE & RESCUE, OR TUALATIN VALLEY
IRRIGATION DISTRICT, OR TUALATIN VALLEY WATER
DISTRICT TUALATIN VALLEY WATER DISTRICT, OR
TUMALO IRRIGATION DISTRICT, OR
TURNER FIRE DISTRICT, OR
TWIN ROCKS SANITARY DISTRICT, OR
TWO RIVERS NORTH SPECIAL ROAD DISTRICT, OR TWO
RIVERS S.W.C.D., OR
TWO RIVERS SPECIAL ROAD DISTRICT, OR TYGH
VALLEY R.F.P.D., OR
TYGH VALLEY WATER DISTRICT, OR UMATILLA
COUNTY FIRE DISTRICT #1, OR UMATILLA COUNTY
S.W.C.D., OR
UMATILLA COUNTY SPECIAL LIBRARY DISTRICT, OR
UMATILLA HOSPITAL DISTRICT, OR UMATILLA
R.F.P.D. #7-405, OR
UMATILLA-MORROW RADIO AND DATA DISTRICT, OR
UMPQUA S.W.C.D., OR
UNION CEMETERY MAINTENANCE DISTRICT, OR
UNION COUNTY SOLID WASTE DISPOSAL DISTRICT,
OR
UNION COUNTY VECTOR CONTROL DISTRICT, OR
UNION GAP SANITARY DISTRICT, OR
UNION GAP WATER DISTRICT, OR
UNION HEALTH DISTRICT, OR UNION
R.F.P.D., OR
UNION S.W.C.D., OR
UNITY COMMUNITY PARK & RECREATION DISTRICT,
OR
UPPER CLEVELAND RAPIDS ROAD DISTRICT, OR
UPPER MCKENZIE R.F.P.D., OR
UPPER WILLAMETTE S.W.C.D., OR
VALE OREGON IRRIGATION
DISTRICT, OR VALE RURAL FIRE
PROTECTION DISTRICT, OR VALLEY
ACRES SPECIAL ROAD DISTRICT, OR
VALLEY VIEW CEMETERY
MAINTENANCE DISTRICT, OR
VALLEY VIEW WATER DISTRICT, OR
VANDEVERT ACRES SPECIAL ROAD
DISTRICT, OR VERNONIA R.F.P.D., OR
VINEYARD MOUNTAIN PARK &
RECREATION DISTRICT, OR
VINEYARD MOUNTAIN SPECIAL ROAD
DISTRICT, OR
WALLA WALLA RIVER IRRIGATION
DISTRICT, OR WALLOWA COUNTY
HEALTH CARE DISTRICT, OR WALLOWA
LAKE COUNTY SERVICE DISTRICT, OR
WALLOWA LAKE IRRIGATION DISTRICT,
OR WALLOWA LAKE R.F.P.D., OR
WALLOWA S.W.C.D., OR
WALLOWA VALLEY IMPROVEMENT
DISTRICT #1, OR
WAMIC R.F.P.D., OR
WAMIC WATER & SANITARY
AUTHORITY, OR WARMSPRINGS
IRRIGATION DISTRICT, OR WASCO
COUNTY S.W.C.D., OR
WATER ENVIRONMENT SERVICES, OR
WATER WONDERLAND IMPROVEMENT
DISTRICT, OR
WATERBURY & ALLEN DITCH
IMPROVEMENT DISTRICT, OR
WATSECO-BARVIEW WATER
DISTRICT, OR WAUNA WATER
DISTRICT, OR WEDDERBURN
SANITARY DISTRICT, OR
WEST EAGLE VALLEY WATER CONTROL
DISTRICT, OR
WEST EXTENSION IRRIGATION
DISTRICT, OR WEST LABISH
DRAINAGE & WATER CONTROL
IMPROVEMENT DISTRICT, OR
WEST MULTNOMAH
S.W.C.D., OR WEST SIDE
R.F.P.D., OR
WEST SLOPE WATER DISTRICT, OR
WEST UMATILLA MOSQUITO CONTROL
DISTRICT, OR
WEST VALLEY FIRE DISTRICT, OR
WESTERN HEIGHTS SPECIAL ROAD
DISTRICT, OR WESTERN LANE
AMBULANCE DISTRICT, OR WESTLAND
IRRIGATION DISTRICT, OR
WESTON ATHENA MEMORIAL HALL PARK
& RECREATION DISTRICT, OR
WESTON CEMETERY DISTRICT #2, OR
WESTPORT FIRE AND RESCUE, OR
WESTRIDGE WATER SUPPLY
CORPORATION, OR WESTWOOD HILLS
ROAD DISTRICT, OR WESTWOOD
VILLAGE ROAD DISTRICT, OR
WHEELER S.W.C.D., OR
WHITE RIVER HEALTH DISTRICT, OR
WIARD MEMORIAL PARK DISTRICT, OR
WICKIUP WATER DISTRICT, OR WILLAKENZIE
R.F.P.D., OR
WILLAMALANE PARK & RECREATION DISTRICT, OR
WILLAMALANE PARK AND RECREATION DISTRICT
WILLAMETTE HUMANE SOCIETY
WILLAMETTE RIVER WATER COALITION, OR WILLIAMS
R.F.P.D., OR
WILLOW CREEK PARK DISTRICT, OR WILLOW DALE
WATER DISTRICT, OR WILSON RIVER WATER
DISTRICT, OR WINCHESTER BAY R.F.P.D., OR
WINCHESTER BAY SANITARY DISTRICT, OR
WINCHUCK R.F.P.D., OR
WINSTON-DILLARD R.F.P.D., OR WINSTON-
DILLARD WATER DISTRICT, OR WOLF CREEK
R.F.P.D., OR
WOOD RIVER DISTRICT IMPROVEMENT COMPANY, OR
WOODBURN R.F.P.D. NO. 6, OR
WOODLAND PARK SPECIAL ROAD DISTRICT, OR WOODS
ROAD DISTRICT, OR
WRIGHT CREEK ROAD WATER IMPROVEMENT DISTRICT, OR
WY'EAST FIRE DISTRICT, OR YACHATS
R.F.P.D., OR
YAMHILL COUNTY TRANSIT AREA, OR YAMHILL
FIRE PROTECTION DISTRICT, OR YAMHILL SWCD, OR
YONCALLA PARK & RECREATION DISTRICT, OR YOUNGS
RIVER-LEWIS & CLARK WATER DISTRICT, OR
ZUMWALT R.F.P.D., OR
K-12 INCLUDING BUT NOT LIMITED TO: ACADIA
PARISH SCHOOL BOARD BEAVERTON SCHOOL
DISTRICT
BEND-LA PINE SCHOOL DISTRICT BOGALUSA
HIGH SCHOOL, LA BOSSIER PARISH SCHOOL
BOARD
BROOKING HARBOR SCHOOL DISTRICT CADDO
PARISH SCHOOL DISTRICT CALCASIEU PARISH
SCHOOL DISTRICT CANBY SCHOOL DISTRICT
CANYONVILLE CHRISTIAN ACADEMY CASCADE
SCHOOL DISTRICT
CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL
SCHOOL DISTRICT
CENTRAL CATHOLIC HIGH SCHOOL CENTRAL
POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL
DISTRICT 13J
COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS
SCHOOL DISTRICT 509J COUNTY OF YAMHILL
SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT
DALLAS SCHOOL DISTRICT NO.2 DAVID
DOUGLAS SCHOOL DISTRICT DAYTON
SCHOOL DISTRICT NO.8
DE LA SALLE N CATHOLIC HS
DESCHUTES
COUNTY
SCHOOL
DISTRICT
NO.6
DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR
SCHOOL DISTRICT NO.29
EAST
BATON
ROUGE
PARISH
SCHOOL
DISTRICT
ESTACADA SCHOOL DISTRICT NO.10B
FOREST GROVE SCHOOL DISTRICT
GEORGE MIDDLE SCHOOL GLADSTONE
SCHOOL DISTRICT GRANTS PASS
SCHOOL DISTRICT 7
GREATER ALBANY PUBLIC SCHOOL DISTRICT
GRESHAM BARLOW JOINT SCHOOL DISTRICT
HEAD START OF LANE COUNTY
HIGH DESERT EDUCATION SERVICE DISTRICT
HILLSBORO SCHOOL DISTRICT
HOOD RIVER COUNTY SCHOOL
DISTRICT JACKSON CO SCHOOL DIST
NO.9
JEFFERSON COUNTY SCHOOL DISTRICT
509-J JEFFERSON PARISH SCHOOL
DISTRICT JEFFERSON SCHOOL DISTRICT
JUNCTION CITY SCHOOLS, OR
KLAMATH COUNTY SCHOOL
DISTRICT KLAMATH FALLS
CITY SCHOOLS LAFAYETTE
PARISH SCHOOL DISTRICT
LAKE OSWEGO SCHOOL
DISTRICT 7J LANE COUNTY
SCHOOL DISTRICT 4J LINCOLN
COUNTY SCHOOL DISTRICT
LINN CO. SCHOOL DIST. 95C
LIVINGSTON PARISH SCHOOL
DISTRICT LOST RIVER JR/SR
HIGH SCHOOL LOWELL
SCHOOL DISTRICT NO.71
SALEM-KEIZER PUBLIC
SCHOOLS 24J MARION COUNTY
SCHOOL DISTRICT 103 MARIST
HIGH SCHOOL, OR
MCMINNVILLE SCHOOL
DISTRICT NOAO MEDFORD
SCHOOL DISTRICT 549C MITCH
CHARTER SCHOOL
MONROE SCHOOL DISTRICT
NO.1J MORROW COUNTY
SCHOOL DIST, OR
MULTNOMAH EDUCATION SERVICE
DISTRICT MULTISENSORY LEARNING
ACADEMY MYRTLE PINT SCHOOL
DISTRICT 41
NEAH-KAH-NIE DISTRICT
NO.56 NEWBERG PUBLIC
SCHOOLS
NESTUCCA VALLEY SCHOOL
DISTRICT NO.101 NOBEL LEARNING
COMMUNITIES
NORTH BEND SCHOOL DISTRICT
13 NORTH CLACKAMAS SCHOOL
DISTRICT NORTH DOUGLAS
SCHOOL DISTRICT NORTH
WASCO CITY SCHOOL DISTRICT
21
NORTHWEST REGIONAL EDUCATION
SERVICE DISTRICT
ONTARIO MIDDLE SCHOOL
OREGON TRAIL SCHOOL
DISTRICT NOA6 ORLEANS
PARISH SCHOOL DISTRICT
PHOENIX-TALENT SCHOOL
DISTRICT NOA PLEASANT HILL
SCHOOL DISTRICT PORTLAND
JEWISH ACADEMY PORTLAND
PUBLIC SCHOOLS
RAPIDES PARISH SCHOOL
DISTRICT REDMOND
SCHOOL DISTRICT
REYNOLDS SCHOOL
DISTRICT ROGUE RIVER
SCHOOL DISTRICT
ROSEBURG PUBLIC
SCHOOLS SCAPPOOSE
SCHOOL DISTRICT 1J
SAINT TAMMANY PARISH SCHOOL BOARD, LA
SEASIDE SCHOOL DISTRICT 10
SHERWOOD SCHOOL DISTRICT 88J
SILVER FALLS SCHOOL DISTRICT 4J
SOUTH LANE SCHOOL DISTRICT 45J3
SOUTHERN OREGON EDUCATION SERVICE
DISTRICT
SPRINGFIELD PUBLIC SCHOOLS
SUTHERLIN SCHOOL DISTRICT
SWEET HOME SCHOOL DISTRICT NO.55
TERREBONNE PARISH SCHOOL DISTRICT THE
CATLIN GABEL SCHOOL
TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA
MORROW ESD
WEST LINN WILSONVILLE SCHOOL DISTRICT WILLAMETTE
EDUCATION SERVICE DISTRICT WOODBURN SCHOOL
DISTRICT
YONCALLA SCHOOL DISTRICT
ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES), UT
ALIANZA ACADEMY, UT ALPINE DISTRICT,
UT
AMERICAN LEADERSHIP ACADEMY, UT AMERICAN
PREPARATORY ACADEMY, UT BAER CANYON HIGH
SCHOOL FOR SPORTS & MEDICAL SCIENCES, UT
BEAR RIVER CHARTER SCHOOL, UT BEAVER SCHOOL
DISTRICT, UT
BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT
BOX ELDER SCHOOL DISTRICT, UT CBA CENTER,
UT
CACHE SCHOOL DISTRICT, UT CANYON RIM
ACADEMY, UT CANYONS DISTRICT, UT
CARBON SCHOOL DISTRICT, UT CHANNING
HALL, UT
CHARTER SCHOOL LEWIS ACADEMY, UT CITY
ACADEMY, UT
DAGGETT SCHOOL DISTRICT, UT DAVINCI
ACADEMY, UT
DAVIS DISTRICT, UT
DUAL IMMERSION ACADEMY, UT DUCHESNE
SCHOOL DISTRICT, UT
EARLY LIGHT ACADEMY AT DAYBREAK, UT EAST
HOLLYWOOD HIGH, UT
EDITH BOWEN LABORATORY SCHOOL, UT EMERSON
ALCOTT ACADEMY, UT
EMERY SCHOOL DISTRICT, UT ENTHEOS
ACADEMY, UT EXCELSIOR ACADEMY, UT
FAST FORWARD HIGH, UT FREEDOM
ACADEMY, UT
GARFIELD SCHOOL DISTRICT, UT GATEWAY
PREPARATORY ACADEMY, UT GEORGE WASHINGTON
ACADEMY, UT GOOD FOUNDATION ACADEMY, UT
GRAND SCHOOL DISTRICT, UT
GRANITE DISTRICT, UT GUADALUPE
SCHOOL, UT HAWTHORN ACADEMY, UT
INTECH COLLEGIATE HIGH SCHOOL, UT IRON
SCHOOL DISTRICT, UT
ITINERIS EARLY COLLEGE HIGH, UT JOHN HANCOCK
CHARTER SCHOOL, UT JORDAN DISTRICT, UT
JUAB SCHOOL DISTRICT, UT KANE SCHOOL
DISTRICT, UT
KARL G MAESER PREPARATORY ACADEMY, UT LAKEVIEW
ACADEMY, UT
LEGACY PREPARATORY ACADEMY, UT LIBERTY
ACADEMY, UT
LINCOLN ACADEMY, UT LOGAN
SCHOOL DISTRICT, UT
MARIA MONTESSORI ACADEMY, UT
MERIT COLLEGE PREPARATORY ACADEMY, UT
MILLARD SCHOOL
DISTRICT, UT MOAB
CHARTER SCHOOL, UT
MONTICELLO ACADEMY,
UT MORGAN SCHOOL
DISTRICT, UT
MOUNTAINVILLE
ACADEMY, UT MURRAY
SCHOOL DISTRICT, UT
NAVIGATOR POINTE
ACADEMY, UT NEBO
SCHOOL DISTRICT, UT
NO UT ACAD FOR MATH ENGINEERING
& SCIENCE (NUAMES), UT
NOAH WEBSTER ACADEMY, UT
NORTH DAVIS PREPARATORY
ACADEMY, UT NORTH SANPETE
SCHOOL DISTRICT, UT NORTH
STAR ACADEMY, UT
NORTH SUMMIT SCHOOL
DISTRICT, UT ODYSSEY
CHARTER SCHOOL, UT
OGDEN PREPARATORY
ACADEMY, UT OGDEN
SCHOOL DISTRICT, UT
OPEN CLASSROOM, UT
OPEN HIGH SCHOOL OF UTAH, UT
OQUIRRH MOUNTAIN CHARTER
SCHOOL, UT PARADIGM HIGH SCHOOL,
UT
PARK CITY SCHOOL
DISTRICT, UT PINNACLE
CANYON ACADEMY, UT
PIUTE SCHOOL DISTRICT,
UT PROVIDENCE HALL, UT
PROVO SCHOOL
DISTRICT, UT QUAIL
RUN PRIMARY SCHOOL,
UT QUEST ACADEMY, UT
RANCHES
ACADEMY, UT
REAGAN ACADEMY,
UT RENAISSANCE
ACADEMY, UT RICH
SCHOOL DISTRICT,
UT
ROCKWELL CHARTER HIGH
SCHOOL, UT SALT LAKE ARTS
ACADEMY, UT
SALT LAKE CENTER FOR SCIENCE
EDUCATION, UT SALT LAKE SCHOOL
DISTRICT, UT
SALT LAKE SCHOOL FOR THE
PERFORMING ARTS, UT
SAN JUAN SCHOOL
DISTRICT, UT SEVIER
SCHOOL DISTRICT, UT
SOLDIER HOLLOW CHARTER
SCHOOL, UT SOUTH SANPETE
SCHOOL DISTRICT, UT SOUTH
SUMMIT SCHOOL DISTRICT, UT
SPECTRUM ACADEMY, UT
SUCCESS ACADEMY, UT
SUCCESS SCHOOL, UT
SUMMIT ACADEMY, UT
SUMMIT ACADEMY HIGH SCHOOL, UT
SYRACUSE ARTS ACADEMY, UT
THOMAS EDISON - NORTH, UT
TIMPANOGOS ACADEMY, UT
TINTIC SCHOOL DISTRICT, UT
TOOELE SCHOOL DISTRICT, UT
TUACAHN HIGH SCHOOL FOR THE PERFORMING
ARTS, UT
UINTAH RIVER HIGH, UT
UINTAH SCHOOL DISTRICT, UT
UTAH CONNECTIONS ACADEMY, UT
UTAH COUNTY ACADEMY OF SCIENCE, UT
UTAH ELECTRONIC HIGH SCHOOL, UT
UTAH SCHOOLS FOR DEAF & BLIND, UT
UTAH STATE OFFICE OF EDUCATION, UT
UTAH VIRTUAL ACADEMY, UT
VENTURE ACADEMY, UT
VISTA AT ENTRADA SCHOOL OF PERFORMING
ARTS AND TECHNOLOGY, UT
WALDEN SCHOOL OF LIBERAL ARTS, UT
WASATCH PEAK ACADEMY, UT WASATCH
SCHOOL DISTRICT, UT WASHINGTON SCHOOL
DISTRICT, UT WAYNE SCHOOL DISTRICT, UT
WEBER SCHOOL DISTRICT, UT WEILENMANN SCHOOL
OF DISCOVERY, UT
HIGHER EDUCATION
ARGOSY UNIVERSITY
BATON ROUGE COMMUNITY COLLEGE, LA
BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE
MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG
UNIVERSITY - HAWAII CENTRAL OREGON
COMMUNITY COLLEGE CENTENARY COLLEGE OF
LOUISIANA CHEMEKETA COMMUNITY COLLEGE
CLACKAMAS COMMUNITY COLLEGE COLLEGE OF
THE MARSHALL ISLANDS COLUMBIA GORGE
COMMUNITY COLLEGE CONCORDIA UNIVERSITY
GEORGE FOX UNIVERSITY
KLAMATH COMMUNITY COLLEGE DISTRICT LANE
COMMUNITY COLLEGE
LEWIS AND CLARK COLLEGE LINFIELD
COLLEGE
LINN-BENTON COMMUNITY COLLEGE LOUISIANA
COLLEGE, LA
LOUISIANA STATE UNIVERSITY
LOUISIANA STATE UNIVERSITY HEALTH SERVICES
MARYLHURST UNIVERSITY
MT. HOOD COMMUNITY COLLEGE MULTNOMAH
BIBLE COLLEGE
NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST
CHRISTIAN COLLEGE
OREGON HEALTH AND SCIENCE UNIVERSITY OREGON
INSTITUTE OF TECHNOLOGY OREGON STATE
UNIVERSITY
OREGON UNIVERSITY SYSTEM PACIFIC
UNIVERSITY
PIONEER PACIFIC COLLEGE PORTLAND
COMMUNITY COLLEGE PORTLAND STATE
UNIVERSITY REED COLLEGE
RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII
ROGUE COMMUNITY COLLEGE SOUTHEASTERN
LOUISIANA UNIVERSITY SOUTHERN
OREGON UNIVERSITY (OREGON
UNIVERSITY SYSTEM)
SOUTHWESTERN OREGON COMMUNITY COLLEGE
TULANE UNIVERSITY
TILLAMOOK BAY COMMUNITY COLLEGE
UMPQUA COMMUNITY COLLEGE
UNIVERSITY OF HAWAII BOARD OF REGENTS
UNIVERSITY OF HAWAII-HONOLULU COMMUNITY
COLLEGE
UNIVERSITY OF OREGON-GRADUATE SCHOOL
UNIVERSITY OF PORTLAND
UNIVERSITY OF NEW ORLEANS
WESTERN OREGON UNIVERSITY
WESTERN STATES CHIROPRACTIC COLLEGE
WILLAMETTE UNIVERSITY
XAVIER UNIVERSITY
UTAH SYSTEM OF HIGHER EDUCATION, UT
UNIVERSITY OF UTAH, UT
UTAH STATE UNIVERSITY, UT
WEBER STATE
UNIVERSITY, UT
SOUTHERN UTAH
UNIVERSITY, UT SNOW
COLLEGE, UT
DIXIE STATE COLLEGE,
UT COLLEGE OF EASTERN
UTAH, UT UTAH VALLEY
UNIVERSITY, UT
SALT LAKE COMMUNITY COLLEGE, UT
UTAH COLLEGE OF APPLIED TECHNOLOGY, UT
STATE AGENCIES
ADMIN. SERVICES
OFFICE BOARD OF
MEDICAL EXAMINERS
HAWAII CHILD SUPPORT
ENFORCEMENT AGENCY HAWAII
DEPARTMENT OF TRANSPORTATION
HAWAII HEALTH SYSTEMS
CORPORATION OFFICE OF MEDICAL
ASSISTANCE PROGRAMS OFFICE OF
THE STATE TREASURER
OREGON BOARD OF ARCHITECTS
OREGON CHILD DEVELOPMENT
COALITION OREGON DEPARTMENT
OF EDUCATION OREGON
DEPARTMENT OF FORESTRY
OREGON DEPT OF
TRANSPORTATION OREGON DEPT.
OF EDUCATION
OREGON LOTTERY
OREGON OFFICE OF
ENERGY OREGON STATE
BOARD OF NURSING
OREGON STATE DEPT OF
CORRECTIONS OREGON STATE
POLICE
OREGON TOURISM COMMISSION
OREGON TRAVEL INFORMATION
COUNCIL SANTIAM CANYON
COMMUNICATION CENTER SEIU LOCAL
503, OPEU
SOH- JUDICIARY CONTRACTS AND
PURCH STATE DEPARTMENT OF
DEFENSE, STATE OF HAWAII
STATE OF HAWAII
STATE OF HAWAII, DEPT. OF EDUCATION
STATE OF LOUISIANA
STATE OF LOUISIANA DEPT. OF EDUCATION
STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT
ATTORNEY
STATE OF UTAH
FEDERAL TRANSIT ADMINISTRATION
TERMS, CONDITIONS, AND CERTIFICATIONS
FEDERAL TRANSIT ADMINISTRATION
TERMS, CONDITIONS AND CERTIFICATIONS
Requirements/Conditions For All FTA Assisted Contracts:
Federal Disclaimer to Third Parties
Program Fraud and False or Fraudulent Statements and Related Acts
Access to Third Party Contract Records
Prohibitions Against Exclusionary or Discriminatory Specifications
Changes to Federal Requirements
Termination Provisons (Contracts exceeding $10,000)
Civil Rights Requirements
Requirements for Disadvantaged Business Enterprises (DBEs)
Incorporation of FTA Terms
Requirements for Contracts Exceeding $25,000 Threshold:
Debarment and Suspension Requirements
Requirements for Contracts Exceeding Small Purchase Threshold ($100,000):
Report, record retention, and access provisions
Buy America requirements
Provisions For Resolution Of Disputes, Breaches, Defaults Or Other Litigation
Lobbying Requirements
Bonding Requirements for Construction Activities; (may be imposed for nonconstruction
activities)
Clean Water Requirements
Clean Air Requirements
Cargo Preference
Acquisition of Property Shipped by Ocean Vessel
Acquisition of Property Shipped by Air (Fly America)
Construction Activities:
Equal Employment Opportunity (Except for supplies/raw materials)
Construction Employee Protection Requirements: (except for contracts < $2,000, or for
supplies/raw materials)
Davis Bacon Act (for contracts exceeding $2,000)
Contract Work Hours & Safety Standards Act (contracts exceeding $100,000)
Copeland Anti-Kickback Act (for all construction contracts)
Siesmic Safety (for new buildings/additions only)
Non Construction Activities
Non Construction Employee Protection Requirements (Except for supplies/raw materials) (for
all turnkey, rolling stock and operiational contracts (excluding transportation services) in
excess of $100,000
Transit Operations
Transit Employee Protective Arrangements
Charter Service Operation
School Bus Operations
Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations
Planning, Research, Development and Demonstration Projects
Patent Rights Requirements
Rights in data and copyrights requirements
Turnkey and Other Acquisitions Made by a Third Party Contractor Assuming
the Role of Sun Tran
Bus Testing
Pre-Award and Post-Delivery Audit Requirements
Miscellaneous Special Requirements
Environmental Protection
Energy Conservation Requirements
Metric System Requirements
National ITS Architecture
Requirements for Recycled Products (for items designated by EPA)
Seat Belt Use
Text Messaging While Driving
Federal Davis-Bacon Wage Rates
(If Applicable)
Certifications
Buy America
Lobbying
Bus Testing Requirements
Protest Procedures For Federal Transit Administration Funded Projects
Sun Tran Protest Procedures For Federal Transit Administration (FTA) Funded Projects
Requirements/Conditions For All FTA Assisted Contracts
This Contract is Subject to Federal Financial Assistance/Application of Provisions and Clauses
This contract is funded in part by grants from the Federal Transit Administration (FTA) of the United States Department of
Transportation. The award of any contract is subject to the requirements of financial assistance contracts between Sun
Tran and the U.S. Department of Transportation.
The Contractor is required to comply with all terms and conditions prescribed for third-party contracts by the U.S.
Department of Transportation, Federal Transit Administration (FTA). If FTA requires any change to this Contract to comply
with its requirements, both parties agree to amend the Contract as required by FTA. If such changes cause an increase
or decrease in the work to be performed by the Contractor or the time for such performance, then the compensation to be
paid the Contractor and time of performance shall be equitably adjusted.
The required contract clauses, which are identified below as applicable to this solicitation, will be incorporated by reference
in any contract resulting from this solicitation issued by Sun Tran. These solicitation provisions and required contract
clauses are in addition to other General Specifications, Special and Technical Specifications, Bidding or Proposal
Procedures, and Bid or Proposal Forms set forth in other sections of this solicitation which may also be incorporated by
reference in any resulting contract. If there is any discrepancy in the language between this document and the General
Specifications, Special and Technical Specifications, Bidding or Proposal Procedures and Bid or Proposal Forms set forth
in other sections of this solicitation, the stricter of two shall govern.
Some provisions and clauses require the bidder/proposer to execute and submit certain required certifications with the bid
or proposal, which are included herein. Failure to execute and submit required certifications with the bid or proposal
documents may render a bid or proposal non-responsive.
Federal Disclaimer to Third Parties
1.
The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written consent
by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
2.
The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal
assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements and Related Acts - 31 U.S.C. § 3801 et seq., 49
CFR Part 31, 18 U.S.C. § 1001, 49 U.S.C. 5307
1.
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended,
31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to
its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to
the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to
other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made,
a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the
right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the
Federal Government deems appropriate.
2.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification to the Federal Government under a contract connected with a project that is
financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1)
on the Contractor, to the extent the Federal Government deems appropriate.
3.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal
assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the
subcontractor who will be subject to the provisions.
Access to Third Party Contract Records (Form FTA Master Agreement MA (18) dated October 1, 2011)
All contractors and third party subcontractors at each tier to provide to the U.S. Secretary of Transportation and the
Comptroller General of the United States or their duly authorized representatives, access to all third party contract
records as required by 49 U.S.C. § 5325(g). All contractors further agree to require its third party contractors and third
party subcontractors, at each tier, to provide sufficient access to third party procurement records as needed for
compliance with Federal laws and regulations or to assure proper Project management as determined by FTA.
Prohibitions Against Exclusionary or Discriminatory Specifications
49 U.S.C. § 5323(h)(2)
1.
Apart from inconsistent requirements imposed by Federal laws or regulations, Sun Tran agrees that it will comply
with 49 U.S.C. § 5325 (h) by not expending or otherwise using any Federal assistance FTA has made available for
the Project to support a procurement using exclusionary or discriminatory specifications.
Changes to Federal Requirements - 49 CFR Part 18
1.
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the Agreement (Form FTA MA (18) dated
October, 2011 between Sun Tran and FTA), as they may be amended or promulgated from time to time during
the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. All
standards or limits set forth in this Contract to be observed in the performance of the work are minimum
requirements, unless modified by the FTA.
Termination Provisions - 49 U.S.C.Part 18, FTA Circular 4220.1F
1.
Termination for Convenience (General Provision): Sun Tran may terminate this contract, in whole or in part, at
any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be
paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to Sun Tran to be paid the Contractor. If the Contractor has
any property in its possession belonging to Sun Tran, the Contractor will account for the same, and dispose of it in
the manner Sun Tran directs.
2.
Termination for Default [Breach or Cause] (General Provision): If the Contractor does not deliver supplies in
accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in
the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract,
Sun Tran may terminate this contract for default. Termination shall be effected by serving a notice of termination on
the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the
contract price for supplies delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by Sun Tran that the Contractor had an excusable reason for not performing, such as a strike,
fire, or flood, events which are not the fault of or are beyond the control of the Contractor, Sun Tran, after setting up
a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a
termination for convenience.
3.
Opportunity to Cure (General Provision): Sun Tran in its sole discretion may, in the case of a termination for
breach or default, allow the Contractor to cure the defect. In such case, the notice of termination will state the time
period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to Sun Tran
or any of the terms, covenants, or
conditions of this Contract after receipt of written notice from Sun Tran setting forth the nature of said breach or
default, Sun Tran shall have the right to terminate the Contract without any further obligation to Contractor. Any such
termination for default shall not in any way operate to preclude Sun Tran from also pursuing all available remedies
against Contractor and its sureties for said breach or default.
4.
Waiver of Remedies for any Breach: In the event that Sun Tran elects to waive its remedies for any breach by
Contractor of any covenant, term or condition of this Contract, such waiver by Sun Tran shall not limit Sun Tran's
remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
5.
Termination for Convenience (Professional or Transit Service Contracts): Sun Tran, by written notice, may
terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, Sun
Tran shall be liable only for payment under the payment provisions of this contract for services rendered before the
effective date of termination.
6.
Termination for Default (Supplies and Service): If the Contractor fails to deliver supplies or to perform the services
within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions
of this contract, Sun Tran may terminate this contract for default. Sun Tran shall terminate by delivering to the
Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract
price for supplies delivered and accepted, or services performed in accordance with the manner or performance set
forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the
rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of
Sun Tran.
7.
Termination for Default (Transportation Services): If the Contractor fails to pick up the commodities or to perform
the services, including delivery services, within the time specified in this contract or any extension or if the Contractor
fails to comply with any other provisions of this contract, Sun Tran may terminate this contract for default. Sun Tran
shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor
will only be paid the contract price for services performed in accordance with the manner of performance set forth in
this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon
direction of Sun Tran, protect and preserve the goods until surrendered to Sun Tran or its agent. The Contractor and
Sun Tran shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will
be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the
rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of
Sun Tran.
8.
Termination for Default (Construction): If the Contractor refuses or fails to prosecute the work or any separable
part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails
to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract,
Sun Tran may terminate this contract for default. Sun Tran shall terminate by delivering to the Contractor a Notice
of Termination specifying the nature of the default. In this event, Sun Tran may take over the work and compete it
by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site
necessary for completing the work. The Contractor and its sureties shall be liable for any damage to Sun Tran
resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the
Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by Sun
Tran in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause
if-
a.
the delay in completing the work arises from unforeseeable causes beyond the control and without the fault
or negligence of the Contractor. Examples of such causes include: acts of God, acts of Sun Tran, acts of
another Contractor in the performance of a contract with Sun Tran, epidemics, quarantine restrictions, strikes,
freight embargoes; and
b.
the contractor, within ten [10] days from the beginning of any delay, notifies Sun Tran in writing of the causes
of delay. If in the judgment of Sun Tran, the delay is excusable, the time for completing the work shall be
extended. The judgment of Sun Tran shall be final and conclusive on the parties, but subject to appeal under
the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or
that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had
been issued for the convenience of Sun Tran.
9.
Termination for Convenience or Default (Architect and Engineering): Sun Tran may terminate this contract in
whole or in part, for Sun Tran's convenience or because of the failure of the Contractor to fulfill the contract
obligations. Sun Tran shall terminate by delivering to the Contractor a Notice of Termination specifying the nature,
extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately
discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all
data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in
performing this contract, whether completed or in process.
If the termination is for the convenience of Sun Tran, the Contracting Officer shall make an equitable adjustment in
the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, Sun Tran may complete the work by
contact or otherwise and the Contractor shall be liable for any additional cost incurred by Sun Tran.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the
rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of
Sun Tran.
10.
Termination for Convenience or Default (Cost-Type Contracts): Sun Tran may terminate this contract, or any
portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is
for convenience of Sun Tran or for the default of the Contractor. If the termination is for default, the notice shall state
the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall
account for any property in its possession paid for from funds received from Sun Tran, or property supplied to the
Contractor by Sun Tran. If the termination is for default, Sun Tran may fix the fee, if the contract provides for a fee,
to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to Sun Tran and the parties shall negotiate the termination
settlement to be paid the Contractor.
If the termination is for the convenience of Sun Tran, the Contractor shall be paid its contract close-out costs, and a
fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, Sun Tran determines that the Contractor has an excusable reason
for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the
contractor, Sun Tran, after setting up a new work schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
Civil Rights Requirements - 29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42
U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.
1.
Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section
202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49
U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant
for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Contractor agrees to comply with applicable Federal implementing regulations and other
implementing requirements FTA may issue.
2.
Equal Employment Opportunity - The following equal employment opportunity requirements apply to
the underlying contract:
a.
Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act,
as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq
., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to
Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal
statutes, executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The Contractor agrees to take
affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, creed, national origin, sex, or age.
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. In
addition, the Contractor agrees to comply with any implementing requirements FTA may
issue.
b.
Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor
agrees to refrain from discrimination against present and prospective employees for reason
of age. In addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
c.
Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements
of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,
pertaining to employment of persons with disabilities. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
3.
The Contractor also agrees to include these requirements in each subcontract financed in whole or
in part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties.
Requirements for Disadvantaged Business
- 49 CFR Part 26
1.
The Federal Fiscal Year goal has been set by Sun Tran in an attempt to match projected procurements
with available qualified disadvantaged businesses. Sun Tran goals for budgeted service contracts, bus
parts, and other material and supplies for Disadvantaged Business Enterprises have been established
by Sun Tran as set forth by the Department of Transportation Regulations 49 C.F.R. Part 26, March 31,
1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is
considered pertinent to any contract resulting from this request for proposal.
If a specific DBE goal is assigned to this contract, it will be clearly stated in the Legal Documents and
Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and good faith
efforts to involve DBE's in the work provided, Sun Tran may declare the Contractor noncompliant and in
breach of contract. If a goal is not stated in the Special Specifications, it will be understood that no specific
goal is assigned to this contract.
a.
Policy - It is the policy of the Department of Transportation and Sun Tran that Disadvantaged
Business Enterprises, as defined in 49 CFR Part 26, and as amended in Section 106(c) of the
Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum
opportunity to participate in the performance of Contract financed in whole or in part with federal
funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 and Section
106(c) of the STURAA of 1987, apply to this Contract.
The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 26 and Section 106(c) of
the STURAA of 1987 have the maximum opportunity to participate in the whole or in part with
federal funds provided under this Agreement. In this regard, the Contractor shall take all necessary
and reasonable steps in accordance with the regulations to ensure that DBEs have the maximum
opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the
basis of race, color, national origin, religion, sex, age or physical handicap in the award and
performance of subcontracts. Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or any such other remedy
as the recipient deems appropriate.
It is further the policy of Sun Tran to promote the development and increase the participation of
businesses owned and controlled by disadvantaged. DBE involvement in all phases of Sun Tran
procurement activities are encouraged.
b.
DBE obligation - The Contractor and its subcontractors agree to ensure that disadvantaged
businesses have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with federal funds provided under the Agreement. In that
regard, all Contractors and subcontractors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 26 as amended, to ensure that minority business enterprises have
the maximum opportunity to compete for and perform contracts.
c.
Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts to
involve DBE's in the work provided, Sun Tran may declare the contractor noncompliant and in
breach of contract.
d.
The Contractor will keep records and documents for a reasonable time following performance of
this contract to indicate compliance with Sun Tran DBE program. These records and documents
will be made available at reasonable times and places for inspection by any authorized
representative of Sun Tran and will be submitted to Sun Tran upon request.
e.
Sun Tran will provide affirmative assistance as may be reasonable and necessary to assist the
prime contractor in implementing their programs for DBE participation. The assistance may include
the following upon request:
* Identification of qualified DBE
* Available listing of Minority Assistance Agencies
* Holding bid conferences to emphasize requirements
2.
DBE Program Definitions, as used in the contract:
a.
Disadvantaged business "means a small business concern":
i.
Which is at least 51 percent owned by one or more socially and economically disadvantaged
individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more socially and economically disadvantaged individuals; and
ii.
Whose management and daily business operations are controlled by one or more of the
socially and economically disadvantaged individuals who own it.
or
iii.
Which is at least 51 percent owned by one or more women individuals, or in the case of any
publicly owned business, at least 51% of the stock of which is owned by one or more women
individuals; and
iv.
Whose management and daily business operations are controlled by one or more women
individuals who own it.
b.
"Small business concern" means a small business as defined by Section 3 of the Small Business
Act and Appendix B - (Section 106(c)) Determinations of Business Size.
c.
the United States (or lawfully admitted permanent residents and who are black Americans, Hispanic
Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, or women, and
any other minorities or individuals found to be disadvantaged by the Small Business Administration
pursuant to section 8(a) of the Small Business Act.
i.
"Black Americans", which includes persons having origins in any of the Black racial groups
of Africa;
ii.
"Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or
South American, or other Spanish or Portuguese culture or origin, regardless of race;
iii.
Native Hawaiians;
iv.
"Asian-Pacific Americans", which includes persons whose origins are from Japan, China,
Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust
Territories of Pacific, and the Northern Marianas;
v.
"Asian-Indian Americans", which includes persons whose origins are from India, Pakistan,
and Bangladesh.
3.
Prime contractors are required to pay subcontractors for satisfactory performance of their contracts
no later than 30 days from receipt of each payment made by Sun Tran to the prime contractor. If
applicable, the Prime contractor is to pay all retainage owed to the DBE subcontractor within 30
days of satisfactory completion of the contracted work. For the purposes of this section, a
subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract
have been accomplished and documented by the prime contractor as required by Sun Tran. Sun
Tran will continue to hold full retainage as provided for under the Arizona Revised Statutes. Prime
contractors must provide notice to DBE firms that complaints of violations of the prompt payment
provision may be submitted in writing to Sun Tran Office of Equal Opportunity Programs Director,
201 N. Stone Ave., 3rd Floor NW, Tucson Arizona 85701. The complaint shall set forth the facts
and identify the prime contractor and the project.
Incorporation Of Federal Transit Administration (FTA) Terms - FTA Circular 4220.1F
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain
Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract
provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor
shall not perform any act, fail to perform any act, or refuse to comply with any of Sun Tran
would cause Sun Tran to be in violation of the FTA terms and conditions.
Requirements for Contracts Exceeding $25,000
Debarment and Suspension Requirements - 49 CFR Part 29, Executive Order 12549
Debarment, Suspension, and Other Responsibility Matters - (Third Party Contracts over $25,000).
The Recipient agrees to comply, and assures the compliance of each subrecipient, lessee, third party contractor, or
other participant at any tier of the
which adopts and supplements the provisions of U.S. Office of Management FTA Master Agreement MA(16), 10-1-
arty
http://epls.gov/ before entering into any subagreement, lease, third party contract, or other arrangement in connection
with the Project.
Requirements for Contracts Exceeding $100,000
Access To Records And Reports - 49 U.S.C. 5325, 18 CFR 18.36 (i), 49 CFR 633.17
Record Retention
During the course of the Project and for three years thereafter from the date of transmission of the final expenditure
report, the Recipient agrees to maintain intact and readily accessible all data, documents, reports, records,
subagreements, leases, third party contracts, and supporting materials related to the Project as the Federal
Government may require.
Access to Records of Recipients and Subrecipients
The Recipient agrees to permit, and require its subrecipients to permit, the U.S. Secretary of Transportation, the
Comptroller General of the United States, and, to the extent appropriate, the State, or their authorized
representatives, upon their request to inspect all Project work, materials, payrolls, and other data, and to audit the
books, records, and accounts of the Recipient and its subrecipients pertaining to the Project, as required by 49
U.S.C. § 5325(g), 18 CFR 18.36(i), 49 CFR 633.17
Buy America Requirements - 49 U.S.C. 5323(j), 49 CFR Part 661
Buy America Provision: Steel and Manufactured Products Other than Buses, Rolling Stock and Associated
Equipment
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provide that Federal funds may not
be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States,
unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49
CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced
by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made
with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR
661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent
domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (see Certification section)
with all bids on FTA-funded contracts, of $100,000 and above, except those subject to a general waiver. Bids or offers that
are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does
not apply to lower tier subcontractors.
Provisions For Resolution Of Disputes, Breaches, Defaults Or Other Litigation - 49 CFR Part 18, FTA
Circular 4220.1F
Disputes
Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in
writing by the authorized representative of Sun Tran. This decision shall be final and conclusive unless within ten (10) days
from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the authorized
representative of Sun Tran. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard
and to offer evidence in support of its position. The decision of the authorized representative of Sun Tran shall be binding
upon the Contractor and the Contractor shall abide be the decision.
Performance During Dispute
Unless otherwise directed by Sun Tran, Contractor shall continue performance under this Contract while matters in dispute
are being resolved.
Claims for Damages
Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the
party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be
made in writing to such other party within a reasonable time after the first observance of such injury of damage.
Remedies
Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between Sun
Tran and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties
mutually agree, or in a court of competent jurisdiction within the State in which Sun Tran is located.
Rights and Remedies
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be
in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by Sun Tran, Architect or Contractor shall constitute a waiver of any right or duty afforded any of
them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach
thereunder, except as may be specifically agreed in writing.
Lobbying Requirements - 31 U.S.C. 1352, 49 CFR Part 19, 49 CFR Part 20
Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New
Restrictions on Lobbying." 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 the name of any
registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds
with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier
to tier up to Sun Tran.
Bonding Requirements for Construction Activities; may be imposed for non-construction activities
Refer to the Special Terms & Conditions of this Solicitation for
Bid Bond Requirements (Construction )
Performance and Payment Bonding Requirements (Construction)
Performance and Payment Bonding Requirements (Non-Construction)
Advance Payment Bonding Requirements
Patent Infringement Bonding Requirements (Patent Indemnity)
Warranty of the Work and Maintenance Bonds
Clean Water Requirements - 33 U.S.C. 1251
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 . The Contractor agrees to report each violation to
the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to
assure notification to FTA and the appropriate EPA Regional Office.
2.
The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FTA
Clean Air Requirements - 42 U.S.C. 7401 et seq., 40 CFR 15.61, 49 CFR Part 18
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 . The Contractor agrees to report each violation to the Purchaser
and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification
to FTA and the appropriate EPA Regional Office.
2.
The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FTA
Requirements for Recycled Products - 42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873
The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery
Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
Cargo Preference
Cargo Preference - 46 U.S.C. 1241, 46 CFR Part 381
Acquisition of Property Shipped by Ocean Vessel:
Pursuant to 46 C.F.R. Part 381, the following clauses must be inserted in all contracts under which equipment, materials
or commodities may be transported by ocean vessel in carrying out the Project.
The contractor agrees to:
a.
use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed
separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or
commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates
for United States-Flag commercial vessels;
b.
furnish within 20 working days following the date of loading for shipments originating within the United States or within
30 working days following the date of leading for shipments originating outside the United States, a legible copy of a
rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding
paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC
20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.)
c.
include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the
transport of equipment, material, or commodities by ocean vessel.
Acquisition of Property Shipped by Air (Fly America):
Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance
with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and
subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed
international air travel and transportation of their personal effects or property, to the extent such service is available, unless
travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a
foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag
air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate
of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all
subcontracts that may involve international air transportation.
Construction Activities
Equal Employment Opportunity (Does not apply for supplies/raw materials procurements)
Equal Employment Opportunity
All construction contracts in excess of $10,000 by grantees and their contractors or subgrantees shall contain a provision
requiring compliance with Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive
Order 11375, and as supplemented in Department of Labor regulations (41 C.F.R. Part 60). The following clauses shall
be included:
Nondiscrimination
During the performance of this contract, the contractor agrees as follows:
a.
The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, disability, 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, disability, 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.
b.
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, disability, or national origin.
c.
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 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.
d.
The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
e.
The contractor will furnish all information and reports required by Executive Order No. 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 Secretary of Labor and the FTA for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
f.
In the event of the contractor's noncompliance with the nondiscrimination clauses of this agreement or with
any of such rules, regulations or orders, this agreement may be cancelled, terminated, or suspended in whole
or in part and the contractor may be declared ineligible for further Federal or Federally assisted contracts in
accordance with procedures authorized in Executive No. Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
g.
The contractor will include the provisions of paragraphs (a) through (g) of this subsection 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 No. 11246 of September 24, 1965, so that such provisions shall be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or
purchase order as the Secretary of Labor or the FTA may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that if a 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."
Specifications
The following clauses must also be included in all construction contracts and subcontracts over $10,000, in
geographical areas designated pursuant to 41 C.F.R. 60-4.3:
"Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order No.
11246):
1.
As used in these specifications:
a.
"Covered Area" means the geographical area described in the solicitation from which this contract
resulted;
b.
"Director" means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority;
c.
"Employer Identification Number" means the federal social security number used on the employer's
quarterly federal tax return, U.S. Treasury Department Form 941.
d.
"Minority" includes:
i.
Black (all persons having origins in any of the black African racial groups not of Hispanic origin);
ii.
Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other
Spanish culture or origin, regardless of race);
iii.
Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far
East, Southeast Asia, the Indian subcontinent, or the Pacific Islands); and
iv.
American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).
2.
Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving
any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions
of these specifications and the notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract resulted.
3.
If the contractor is participating (pursuant to 41 C.F.R. 60-4.5) in a hometown plan approved by the U.S.
Department of Labor in the covered area, either individually or through an association, its affirmative action
obligations on all work in the plan area (including goals and timetables) shall be in accordance with that
plan for those trades which have unions participating in the plan. Contractors must be able to demonstrate
their participation in and compliance with the provisions of any such hometown plan. Each contractor or
subcontractor participating in an approved plan is individually required to comply with its obligations under
the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which
it has employees. The overall good faith performance by other contractors or subcontractors toward a
goal in an approved plan does not excuse any covered contractor's or subcontractor's failure to make
good faith efforts to achieve the plan goals and timetables.
4.
The contractor shall implement the specific affirmative action standards provided in paragraphs (7)(a)
through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted
are expressed as percentages of the total hours of employment and training of minority and female
utilization the contractor should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. Covered construction contractors performing construction work in
geographical areas where they do not have a Federal or Federally assisted construction contract shall
apply the minority and female goals established for the geographical area where the work is being
performed. Goals are published periodically in the Federal Register in notice form, and such notices may
be obtained from any Federal Contract Compliance Program Office or from Federal Procurement
Contracting Officers. The contractor is expected to make substantially uniform progress toward its goal
in each craft during the period specified.
5.
Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
contractor's obligations under these specifications, Executive Order No. 11246, or the regulations
promulgated pursuant thereto.
6.
In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,
such apprentices and trainees must be employed by the contractor during the training period, and the
contractor must have made a commitment to employ the apprentices and trainees at the completion of
their training, subject to the availability of employment opportunities. Trainees must be trained pursuant
to training programs approved by the U. S. Department of Labor.
7.
The contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve
maximum results from its actions. The contractor shall document these efforts fully, and shall implement
affirmative action steps at least as extensive as the following:
a.
Ensure and maintain a working environment free of harassment, intimidation, and coercion at all
sites, and in all facilities at which the contractor's employees are assigned to work. The
contractor, where possible, will assign two or more women to each construction project. The
contractor shall specifically ensure that all foremen, superintendents, and other on-site
supervisory personnel are aware of and carry out the contractor's obligation to maintain such a
working environment, with specific attention to minority or female individuals working at such sites
or in such facilities.
b.
Establish and maintain a current list of minority and female recruitment sources, provide written
notice to minority and female recruitment sources and to community organizations when the
contractor or its unions have employment opportunities available, and maintain a record of the
organizations' responses.
c.
Maintain a current file of the names, addresses, and telephone numbers of each minority and
female off-the-street applicant and minority or female referral from a union, a recruitment source
or community organization and of what action was taken with respect to each such individual. If
such individual was sent to the union hiring hall for referral and was not referred back to the
contractor by the union or, if referred, not employed by the contractor, this shall be documented
in the file with the reason therefor, along with whatever additional actions the contractor may have
taken.
d.
Provide immediate written notification to the Director when the union or unions with which the
contractor has a collective bargaining agreement has not referred to the contractor a minority
person or woman sent by the contractor, or when the contractor has other information that the
union referral process has impeded the contractor's efforts to meet its obligations.
e.
Develop on-the-job training opportunities and/or participate in training programs for the area
which expressly include minorities and women, including upgrading programs and apprenticeship
and trainee programs relevant to the contractor's employment needs, especially those programs
funded or approved by the Department of Labor. The contractor shall provide notice of these
programs to the sources compiled under (7)(b) above.
f.
Disseminate the contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the contractor in meeting its EEO
obligations; by including it in any policy manual and collective bargaining agreement; by
publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with
all management personnel and with all minority and female employees at least once a year; and
by posting the company EEO policy on bulletin boards accessible to all employees at each
location where construction work is performed.
g.
Review, at least annually, the company's EEO policy and affirmative action obligations under
these specifications with all employees having responsibility for hiring, assignment, layoff,
termination or other employment decisions including specific review of these items with on-site
supervisory personnel such as superintendents, general foreman, etc., prior to the initiation of
construction work at any job site. A written record shall be made and maintained identifying the
time and place of these meetings, persons attending, subject matter discussed, and disposition
of the subject matter.
h.
Disseminate the contractor's EEO policy externally by including it in any advertising in the news
media, specifically including minority and female news media, and providing written notification
to and discussing the contractor's EEO policy with other contractors and subcontractors with
whom the contractor does or anticipates doing business.
i.
Direct recruitment efforts, both oral and written, to minority, female, and community organizations,
to schools with minority and female students and to minority and female recruitment and training
organizations serving the contractor's recruitment area and employment needs. Not later than
one month prior to the date for the acceptance of applications for apprenticeship or other training
by any recruitment source, the contractor shall send written notice to organizations such as the
above, describing the openings, screening procedures, and tests to be used in the selection
process.
j.
Encourage present minority and female employees to recruit other minority persons and women
and, where reasonable, provide after school, summer and vacation employment to minority and
female youth, both on the site and in other areas of the contractor's work force.
k.
Validate all tests and other selection requirements where there is an obligation to do so under 41
C.F.R. Part 60-3.
l.
Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel for promotional opportunities and encourage these employees to seek or to prepare
for, through appropriate training, etc., such opportunities.
m.
Ensure that seniority practices, job classifications, work assignments, and other personnel
practices do not have a discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the EEO policy and the contractor's obligations under
these specifications are being carried out.
n.
Ensure that all facilities and company activities are nonsegregated except that separate or single-
user toilet and necessary changing facilities shall be provided to assure privacy between sexes.
o.
Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority and
female contractor associations and other business associations.
p.
Conduct a review, at least annually, of all supervisors' adherence to and performance under the
contractor's EEO policies and affirmative action obligations.
8.
Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or more of
their affirmative action obligations set forth in paragraphs (7)(a) through (p). The efforts of a contractor
association, joint contractor-union, contractor-community, or other similar group of which the contractor is
a member and participant, may be asserted as fulfilling any one or more of its obligations under
paragraphs (7)(a) through (p) of these specifications, provided that the contractor actively participates in
the group, makes every effort to assure that the group has a positive impact on the employment of
minorities and women in the industry, ensures that the concrete benefits of the program are reflected in
the contractor's minority and female work force participation, makes a good faith effort to meet its individual
goals and timetables, and can provide access to documentation that demonstrates the effectiveness of
actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure
of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance.
9.
A single goal for minorities and a separate single goal for women have been established. The contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all minority
groups, both male and female, and all women, both minority and non-minority. Consequently, the
contractor may be in violation of the Executive Order if a particular group is employed in a substantially
disparate manner (even though the contractor has achieved its goal for women generally, the contractor
may be in violation of the Executive Order if a specific minority group of women is underutilized).
10.
The contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
11.
The contractor shall not enter into any subcontract with any person or firm debarred from government
contracts pursuant to Executive Order No. 11246.
12.
The contractor shall carry out such sanctions and penalties for violation of these specifications and of the
equal opportunity clause, including suspension, termination and cancellation of existing subcontracts as
may be imposed or ordered pursuant to Executive Order No. 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry
out such sanctions and penalties shall be in violation of these specifications and Executive Order No.
11246, as amended.
13.
The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative
action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications,
so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the
contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or
these specifications, the Director shall proceed in accordance with 41 C.F.R. 60-4.8.
14.
The contractor shall designate a responsible official to monitor all employment related activity to ensure
that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as
may be required by the Government and to keep records. Records shall at least include for each
employee the name, address, telephone numbers, construction trade, union affiliation if any, employee
identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice
trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate
of pay, and locations at which the work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the extent that existing records satisfy this requirement,
contractors shall not be required to maintain separate records.
15.
Nothing herein provided shall be construed as a limitation upon the application of other laws that establish
different standards of compliance or upon the application of requirements for the hiring of local or other
area residents (e.g., those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program)."
Notice
Contractor agrees to include the following notice in all construction subcontracts over $10,000, in geographical
areas designated pursuant to 41 C.F.R. 60-4.2:
"Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order
11246):
1.
The offeror's or bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal
Employment Specifications" set forth herein.
2.
a.
The goals and the timetables for minority and female participation, expressed in percentage terms for
the contractor's aggregate work force in each trade on all construction work in the covered area, are
as follows:
Timetables
Goals for Minority
Participation for Each Trade
Goals for Female
Participation in Each Trade
Insert Goals for Each Year
Insert Goals for Each Year
b.
These goals are applicable to all the contractor's construction work (whether or not it is Federal or
Federally assisted) performed in the covered area. If the contractor performs construction work in a
geographical area located outside of the covered area, it shall apply the goals established for such
geographical area where the work is actually performed. With regard to this second area, the
contractor also is subject to the goals for both its Federally involved and nonfederally involved
construction.
c.
The contractor's compliance with the Executive Order and the regulations at 41 C.F.R. Part 60-4 shall
be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth at 41 C.F.R. Part 60-4.3(a), and its efforts to meet the goals.
The hours of minority and female employment and training must be substantially uniform throughout
the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ
minorities and women evenly on each of its projects. The transfer of minority or female employees or
trainees from contractor to contractor or from project to project for the sole purpose of meeting the
contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in C.F.R.
Part 60-4. Compliance with the goals will be measured against the total work hours performed.
3.
The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance
Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier
for construction work under the contract resulting from this solicitation. The notification shall list the name,
address, and telephone number of the subcontractor; employer identification number of the subcontractor;
estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and
the geographical area in which the subcontract is to be performed.
4.
As used in this notice, and in the contract resulting from this solicitation, the "covered area" is miscellaneous
sites within the city limits of Tucson, Pima County, State of Arizona."
Construction Employee Protection Requirements: (except for contracts < $2,000, or for
supplies/raw materials)
Davis Bacon Act - 40 USC §§ 3142(a), 29 CFR § 5.5(a)
Copeland Anti-Kickback Act - 18 U.S.C. § 874, 29 C.F.R. § 3, 29 C.F.R. § 5.5(a)(1) through (10)
Contract Work Hours & Safety Standards Act - 40 U.S.C. §3701, 29 C.F.R. § 5.5(b)
Federal Labor Standards Provision
_______________________________________________________________________________________________
[Code of Federal Regulations]
[Title 29, Volume 1, Parts 0 to 99]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office
via GPO Access
(http://www.access.gpo.gov/nara/cfr/index.
html)
[CITE: 29CFR5.5]
[Page 110-116]
TITLE 29--LABOR
PART
5--LABOR
STANDARDS
PROVISIONS
APPLICABLE
TO
CONTRACTS
COVERING
FEDERALLY
FINANCED
AND
ASSISTED
CONSTRUCTION
(ALSO
LABOR
STANDARDS PROVISIONS APPLICABLE
TO
NONCONSTRUCTION
CONTRACTS
SUBJECT TO THE CONTRACT WORK
HOURS AND SAFETY STANDARDS ACT)
Subpart A--Davis-Bacon and Related
Acts Provisions and Procedures
Sec. 5.5 Contract provisions and related
matters.
(1) Minimum wages - (i) All laborers and
mechanics employed or working upon the site
of the work (or under the United States
Housing Act of 1937 or under the Housing Act
of 1949 in the construction or development of
the project), will be paid unconditionally and
not less often than once a week, and without
subsequent deduction or rebate on any
account (except such payroll deductions as
are permitted by regulations issued by the
Secretary of Labor under the Copeland Act
(29 CFR part 3)), the full amount of wages
and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment
computed at rates not less than those
contained in the wage determination of the
Secretary of Labor which is attached hereto
and made a part hereof, regardless of any
contractual relationship which may be alleged
to exist between the contractor and such
laborers and mechanics.
Contributions made or costs reasonably
anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis-Bacon Act on
behalf of laborers or mechanics are
considered wages paid to such laborers or
mechanics, subject to the provisions of
paragraph (1)(iv) of this section; also, regular
contributions made or costs incurred for more
than a weekly period (but not less often than
quarterly) under plans, funds, or programs
which cover the particular weekly period, are
deemed to be constructively made or incurred
during such weekly period. Such laborers
and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage
determination for the classification of work
actually performed, without regard to skill,
except as provided in 29 CFR Part 5.5(a)(4).
Laborers or mechanics performing work in
more than one classification may be
compensated at the rate specified for each
classification for the time actually worked
therein: Provided, That the employer's payroll
records accurately set forth the time spent in
each classification in which work is
performed. The wage determination
(including any additional classifications and
wage rates conformed under paragraph (1)(ii)
of this section) and the Davis-Bacon poster
(WH-1321) shall be posted at all times by the
contractor and its subcontractors at the site of
the work in a prominent and accessible place
where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require
that any class of laborers or mechanics,
including helpers, which is not listed in the
wage determination and which is to be
employed under the contract shall be
classified in conformance with the wage
determination. The contracting officer shall
approve an additional classification and wage
rate and fringe benefits therefore only when
the following criteria have been met:
(1) Except with respect to helpers as defined
as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is
not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by
the construction industry; and
(3) The proposed wage rate, including any
bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in
the wage determination; and
(4) With respect to helpers as defined in 29
CFR 5.2(n)(4), such a classification prevails in
the area in which the work is performed.
(B) If the contractor and the laborers and
mechanics to be employed in the
classification (if known), or their
representatives, and the contracting officer
agree on the classification and wage rate
(including the amount designated for fringe
benefits where appropriate), a report of the
action taken shall be sent by the contracting
officer to the Administrator of the Wage and
Hour Division, Employment Standards
Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator,
or an authorized representative, will approve,
modify, or disapprove every additional
classification action within 30 days of receipt
and so advise the contracting officer or will
notify the contracting officer within the 30-day
period that additional time is necessary.
(C) In the event the contractor, the laborers or
mechanics to be employed in the
classification or their representatives, and the
contracting officer do not agree on the
proposed classification and wage rate
(including the amount designated for fringe
benefits, where appropriate), the contracting
officer shall refer the questions, including the
views of all interested parties and the
recommendation of the contracting officer, to
the Administrator for determination. The
Administrator, or an authorized
representative, will issue a determination
within 30 days of receipt and so advise the
contracting officer or will notify the contracting
officer within the 30-day period that additional
time is necessary.
(D) The wage rate (including fringe benefits
where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section,
shall be paid to all workers performing work in
the classification under this contract from the
first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate
prescribed in the contract for a class of
laborers or mechanics includes a fringe
benefit which is not expressed as an hourly
rate, the contractor shall either pay the benefit
as stated in the wage determination or shall
pay another bona fide fringe benefit or an
hourly cash equivalent thereof.
(iv) If the contractor does not make payments
to a trustee or other third person, the
contractor may consider as part of the wages
of any laborer or mechanic the amount of any
costs reasonably anticipated in providing
bona fide fringe benefits under a plan or
program, Provided, That the Secretary of
Labor has found, upon the written request of
the contractor, that the applicable standards
of the Davis-Bacon Act have been met. The
Secretary of Labor may require the contractor
to set aside in a separate account assets for
the meeting of obligations under the plan or
program.
(v)(A) The contracting officer shall require that
any class of laborers or mechanics which is
not listed in the wage determination and
which is to be employed under the contract
shall be classified in conformance with the
wage determination. The contracting officer
shall approve an additional classification and
wage rate and fringe benefits therefor only
when the following criteria have been met:
(1) The work to be performed by the
classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by
the construction industry; and
(3) The proposed wage rate, including any
bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in
the wage determination.
(B) If the contractor and the laborers and
mechanics to be employed in the
classification (if known), or their
representatives, and the contracting officer
agree on the classification and wage rate
(including the amount designated for fringe
benefits where appropriate), a report of the
action taken shall be sent by the contracting
officer to the Administrator of the Wage and
Hour Division, Employment Standards
Administration, Washington, DC 20210. The
Administrator, or an authorized
representative, will approve, modify, or
disapprove every additional classification
action within 30 days of receipt and so advise
the contracting officer or will notify the
contracting officer within the 30-day period
that additional time is necessary.
(C) In the event the contractor, the laborers or
mechanics to be employed in the
classification or their representatives, and the
contracting officer do not agree on the
proposed classification and wage rate
(including the amount designated for fringe
benefits, where appropriate), the contracting
officer shall refer the questions, including the
views of all interested parties and the
recommendation of the contracting officer, to
the Administrator for determination. The
Administrator, or an authorized
representative, will issue a determination with
30 days of receipt and so advise the
contracting officer or will notify the contracting
officer within the 30-day period that additional
time is necessary.
(D) The wage rate (including fringe benefits
where appropriate) determined pursuant to
paragraphs (a)(1)(v) (B) or (C) of this section,
shall be paid to all workers performing work in
the
classification under this contract from the first
day on which work is performed in the
classification.
(2) Withholding - Sun Tran 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 the contractor under this contract or any
other Federal contract with the same prime
contractor, or any other federally-assisted
contract subject to Davis-Bacon prevailing
wage requirements, which is held by the
same prime contractor, so much of the
accrued payments or advances as may be
considered necessary to pay laborers and
mechanics, including apprentices, trainees,
and helpers, employed by the contractor or
any subcontractor the full amount of wages
required by the contract. In the event of
failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper,
employed or working on the site of the work
(or under the United States Housing Act of
1937 or under the Housing Act of 1949 in the
construction or development of the project),
all or part of the wages required by the
contract, Sun Tran may, after written notice to
the contractor, sponsor, applicant, or owner,
take such action as may be necessary to
cause the suspension of any further payment,
advance, or guarantee of funds until such
violations have ceased.
(3) Payrolls and basic records - (i) Payrolls
and basic records relating thereto shall be
maintained by the contractor during the
course of the work and preserved for a period
of three years thereafter for all laborers and
mechanics working at the site of the work (or
under the United States Housing Act of 1937,
or under the Housing Act of 1949, in the
construction or development of the project).
Such records shall contain the name,
address, and social security number of each
such worker, his or her correct classification,
hourly rates of wages paid (including rates of
contributions or costs anticipated for bona
fide fringe benefits or cash equivalents
thereof of the types described in section
1(b)(2)(B) of the Davis-Bacon Act), daily and
weekly number of hours worked, deductions
made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs
reasonably anticipated in providing benefits
under a plan or program described in section
1(b)(2)(B) of the Davis-Bacon Act, the
contractor shall maintain records which show
that the commitment to provide such benefits
is enforceable, that the plan or program is
financially responsible, and that the plan or
program has been communicated in writing to
the laborers or mechanics affected, and
records which show the costs anticipated or
the actual cost incurred in providing such
benefits. Contractors employing apprentices
or trainees under approved programs shall
maintain written evidence of the registration of
apprenticeship programs and certification of
trainee programs, the registration of the
apprentices and trainees, and the ratios and
wage rates prescribed in the applicable
programs.
(ii)(A) The contractor shall submit weekly for
each week in which any contract work is
performed a copy of all payrolls to Sun Tran
for transmission to the Federal Transit
Administration. The payrolls submitted shall
set out accurately and completely all of the
information required to be maintained under
section 5.5(a)(3)(i) of Regulations, 29 CFR
part 5. This information may be submitted in
any form desired. Optional Form WH-347 is
available for this purpose and may be
purchased from the Superintendent of
Documents (Federal Stock Number 029-005-
00014-1), U.S. Government Printing Office,
Washington, DC 20402. The prime contractor
is responsible for the submission of copies of
payrolls by all subcontractors.
(B) Each payroll submitted shall be
accompanied by a "Statement of
Compliance," signed by the contractor or
subcontractor or his or her agent who pays or
supervises the payment of the persons
employed under the contract and shall certify
the following:
(1) That the payroll for the payroll period
contains the information required to be
maintained under section 5.5(a)(3)(i) of
Regulations, 29 CFR part 5 and that such
information is correct and complete;
(2) That each laborer or mechanic (including
each helper, apprentice, and trainee)
employed on the contract during the payroll
period has been paid the full weekly wages
earned, without rebate, either directly or
indirectly, and that no deductions have been
made either directly or indirectly from the full
wages earned, other than permissible
deductions as set forth in Regulations, 29
CFR part 3;
(3) That each laborer or mechanic has been
paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the
classification of work performed, as specified
in the applicable wage determination
incorporated into the contract.
(C) The weekly submission of a properly
executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy
the requirement for submission of the
"Statement of Compliance" required by
paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above
certifications may subject the contractor or
subcontractor to civil or criminal prosecution
under section 1001 of title 18 and section 231
of title 31 of the United States Code.
(iii) The contractor or subcontractor shall
make the records required under paragraph
(a)(3)(i) of this section available for
inspection, copying, or transcription by
authorized representatives of the Federal
Transit Administration or the Department of
Labor, and shall permit such representatives
to interview employees during working hours
on the job. If the contractor or subcontractor
fails to submit the required records or to make
them available, the Federal agency may, after
written notice to the contractor, sponsor,
applicant, or owner, take such action as may
be necessary to cause the suspension of any
further payment, advance, or guarantee of
funds. Furthermore, failure to submit the
required records upon request or to make
such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees - (i)
Apprentices - Apprentices will be permitted to
work at less than the predetermined rate for
the work they performed when they are
employed pursuant to and individually
registered in a bona fide apprenticeship
program registered with the U.S. Department
of Labor, Employment and Training
Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a
person is employed in his or her first 90 days
of probationary employment as an apprentice
in such an apprenticeship program, who is
not individually registered in the program, but
who has been certified by the Bureau of
Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an
apprentice. The allowable ratio of
apprentices to journeymen on the job site in
any craft classification shall not be greater
than the ratio permitted to the contractor as to
the entire work force under the registered
program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be
paid not less than the applicable wage rate on
the wage determination for the classification
of work actually performed. In addition, any
apprentice performing work on the job site in
excess of the ratio permitted under the
registered program shall be paid not less than
the applicable wage rate on the wage
determination for the work actually performed.
Where a contractor is performing construction
on a project in a locality other than that in
which its program is registered, the ratios and
wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the
contractor's or subcontractor's registered
program shall be observed. Every apprentice
must be paid at not less than the rate
specified in the registered program for the
apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate
specified in the applicable wage
determination. Apprentices shall be paid
fringe benefits in accordance with the
provisions of the apprenticeship program. If
the apprenticeship program does not specify
fringe benefits, apprentices must be paid the
full amount of fringe benefits listed on the
wage determination for the applicable
classification. If the Administrator of the
Wage and Hour Division of the U.S.
Department of Labor determines that a
different practice prevails for the applicable
apprentice classification, fringes shall be paid
in accordance with that determination. In the
event the Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws
approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable
predetermined rate for the work performed
until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR
5.16, trainees will not be permitted to work at
less than the predetermined rate for the work
performed unless they are employed
pursuant to and individually registered in a
program which has received prior approval,
evidenced by formal certification by the U.S.
Department of Labor, Employment and
Training Administration. The ratio of trainees
to journeymen on the job site shall not be
greater than permitted under the plan
approved by the Employment and Training
Administration. Every trainee must be paid at
not less than the rate specified in the
approved program for the trainee's level of
progress, expressed as a percentage of the
journeyman hourly rate specified in the
applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the
provisions of the trainee program. If the
trainee program does not mention fringe
benefits, trainees shall be paid the full amount
of fringe benefits listed on the wage
determination unless the Administrator of the
Wage and Hour Division determines that
there is an apprenticeship program
associated with the corresponding
journeyman wage rate on the wage
determination which provides for less than full
fringe benefits for apprentices. Any employee
listed on the payroll at a trainee rate who is
not registered and participating in a training
plan approved by the Employment and
Training Administration shall be paid not less
than the applicable wage rate on the wage
determination for the classification of work
actually performed. In addition, any trainee
performing work on the job site in excess of
the ratio permitted under the registered
program shall be paid not less than the
applicable wage rate on the wage
determination for the work actually performed.
In the event the Employment and Training
Administration withdraws approval of a
training program, the contractor will no longer
be permitted to utilize trainees at less than
the applicable predetermined rate for the
work performed until an acceptable program
is approved.
(iii) Equal employment opportunity - The
utilization of apprentices, trainees and
journeymen under this part shall be in
conformity with the equal employment
opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act
requirements - The contractor shall comply
with the requirements of 29 CFR part 3, which
are incorporated by reference in this contract.
(6) Subcontracts - The contractor or
subcontractor shall insert in any subcontracts
the clauses contained in 29 CFR 5.5(a)(1)
through (10) and such other clauses as the
Federal Transit Administration 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 the contract clauses
in 29 CFR 5.5.
(7) Contract termination: debarment - A
breach of the contract clauses in 29 CFR 5.5
may be grounds for termination of the
contract, and for debarment as a contractor
and a subcontractor as provided in 29 CFR
5.12.
(8) Compliance with Davis-Bacon and
Related Act requirements - All rulings and
interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR parts 1, 3,
and 5 are herein incorporated by reference in
this contract.
(9) Disputes concerning labor standards -
Disputes arising out of the labor standards
provisions of this contract shall not be subject
to the general disputes clause of this contract.
Such disputes shall be resolved in
accordance with the procedures of the
Department of Labor set forth in 29 CFR parts
5, 6, and 7. Disputes within the meaning of
this clause include disputes between the
contractor (or any of its subcontractors) and
the contracting agency, the U.S. Department
of Labor, or the employees or their
representatives.
(10) Certification of eligibility - (i) By
entering into this contract, the contractor
certifies that neither it (nor he or she) nor any
person or firm who has an interest in the
contractor's firm is a person or firm ineligible
to be awarded Government contracts by
virtue of section 3(a) of the Davis-Bacon Act
or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be
subcontracted to any person or firm ineligible
for award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(iii) The penalty for making false statements is
prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
Contract Work Hours and
Safety Standards
(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 for liquidated damages.
Such liquidated damages shall be computed
with respect to
each individual laborer or mechanic, including
watchmen and guards, employed in violation
of the clause set forth in paragraph (1) of this
section, in the sum of $10 for each calendar
day on which such individual was required or
permitted to work in excess of the standard
workweek of forty hours without payment of
the overtime wages required by the clause set
forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and
liquidated damages - Sun Tran shall upon its
own action or upon written request of an
authorized representative of the Department of
Labor withhold or cause to be withheld, from
any moneys payable on account of work
performed by the contractor or subcontractor
under any such contract or any other Federal
contract with the same prime contractor, or any
other federally-assisted contract subject to the
Contract Work Hours and Safety Standards
Act, which is held by the same prime
contractor, such sums as may be
determined to be necessary to satisfy any
liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph
(2) of this section.
(4)
Subcontracts -
The contractor or
subcontractor shall insert in any subcontracts
the clauses set forth in paragraphs (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.
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
-
PURSUANT THERETO BY THE SECRETARY OF LABOR.
UNITD STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., section 874
(June 25, 1948, ch. 645, 62 Stat. 740; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner
whatsoever induces any person employed in the construction, prosecution, completion or repair of any
public building, public work, or building or work financed in whole or in part by loans or grants from the
United States, to give up any part of the compensation to which he is entitled under his contract of
employment, shall be fined under this title or imprisoned not more than five years, or both.
TITLE 29
LABOR
Subtitle A - Office of Secretary of Labor
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
Sec. 3.1 Purpose and scope.
This part prescribes ``anti-kickback'' regulations under section 2 of the Act of June 13, 1934, as amended
(40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject
to Federal wage standards and which is for the construction, prosecution, completion, or repair of public
buildings, public works or buildings or works financed in whole or in part by loans or grants from the United
States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon
Act and the various statutes dealing with federally assisted construction that contain similar minimum wage
provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College
Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the
enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are
applicable to construction work. The part details the obligation of contractors and subcontractors relative to
the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the
circumstances and procedures governing the making of payroll deductions from the wages of those
employed on such work; and delineates the methods of payment permissible on such work.
Sec. 3.2 Definitions.
As used in the regulations in this part:
(a) The terms building or work generally include construction activity as distinguished from
manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without
limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways,
parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways, airports,
terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals;
dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping.
Unless conducted in connection with and at the site of such a building or work as is described in the
foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or
not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the
course of the manufacture or furnishing, or owns the materials from which they are manufactured or
furnished) is not a building or work within the meaning of the regulations in this part.
(b) The terms construction, prosecution, completion, or repair mean all types of work done on a particular
building or work at the site thereof, including, without limitation, altering, remodeling, painting and
decorating, the transporting of materials and supplies to or from the building or work by the employees of
the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials,
articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the
contractor or subcontractor.
(c) The terms public building or public work include building or work for whose construction, prosecution,
completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title
thereof is in a Federal agency.
(d) The term building or work financed in whole or in part by loans or grants from the United States
includes building or work for whose construction, prosecution, completion, or repair, as defined above,
payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal
agency. The term includes building or work for which the Federal assistance granted is in the form of loan
guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction,
prosecution, completion, or repair of a public building or public work or building or work financed in whole
or in part by loans or grants from the United States is employed and receiving wages, regardless of any
contractual relationship alleged to exist between him and the real employer.
(f) The term any affiliated person includes a spouse, child, parent, or other close relative of the
contractor or subcontractor; a partner or officer of the contractor or subcontractor; a corporation closely
connected with the contractor or subcontractor as parent, subsidiary, or otherwise, and an officer or agent
of such corporation.
(g) The term Federal agency means the United States, the District of Columbia, and all executive
departments, independent establishments, administrative agencies, and instrumentalities of the United
States and of the District of Columbia, including corporations, all or substantially all of the stock of which is
beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments,
establishments, agencies, and instrumentalities.
[29 FR 97, Jan. 4, 1964, as amended at 38 FR 32575, Nov. 27, 1973]
Sec. 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term employee shall not apply to persons in classifications higher than
that of laborer or mechanic and those who are the immediate supervisors of such employees.
(b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of
any public building or public work, or building or work financed in whole or in part by loans or grants from
the United States, shall furnish each week a statement with respect to the wages paid each of its employees
engaged on work covered by this part 3 and part 5 of this title during the preceding weekly payroll period.
This statement shall be executed by the contractor or
subcontractor or by an authorized officer or employee of the contractor or subcontractor who supervises
the payment of wages, and shall be on the back of Form WH 347, ``Payroll (For Contractors Optional Use)''
or on any form with identical wording. Copies of Form WH 347 may be obtained from the Government
contracting
or
sponsoring
agency
or
from
the
Wage
and
Hour
Division
Web
site
at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site.
(c) The requirements of this section shall not apply to any contract of $2,000 or less.
(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide
reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject
to such conditions as the Secretary of Labor may specify.
[29 FR 97, Jan. 4, 1964, as amended at 33 FR 10186, July 17, 1968; 47
FR 23679, May 28, 1982; 73 FR 77511, Dec. 19, 2008]
Sec. 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Each weekly statement required under Sec. 3.3 shall be delivered by the contractor or subcontractor,
within seven days after the regular payment date of the payroll period, to a representative of a Federal or
State agency in charge at the site of the building or work, or, if there is no representative of a Federal or
State agency at the site of the building or work, the statement shall be mailed by the contractor or
subcontractor, within such time, to a Federal or State agency contracting for or financing the building or
work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept
available, or shall be transmitted together with a report of any violation, in accordance with applicable
procedures prescribed by the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years
from date of completion of the contract. The payroll records shall set out accurately and completely the
name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly
number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made
available at all times for inspection by the contracting officer or his authorized representative, and by
authorized representatives of the Department of Labor.
(Reporting and recordkeeping requirements in paragraph (b) have been approved by the Office of
Management and Budget under control number
1215-0017)
[29 FR 97, Jan. 4, 1964, as amended at 47 FR 145, Jan. 5, 1982]
Sec. 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations described in the paragraphs of this section
may be made without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as
Federal or State withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when
such prepayment is made without discount or interest. A bona fide prepayment of wages is considered to
have been made only when cash or its equivalent has been advanced to the person employed in such
manner as to give him complete freedom of disposition of the advanced funds.
(c) Any deduction of amounts required by court process to be paid to another, unless the deduction is
in favor of the contractor, subcontractor, or any affiliated person, or when collusion or collaboration exists.
(d) Any deduction constituting a contribution on behalf of the person employed to funds established by
the employer or representatives of employees, or both, for the purpose of providing either from principal or
income, or both, medical or hospital care, pensions or annuities on retirement, death benefits,
compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the
foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit
of employees, their families and dependents:
Provided, however, That the following standards are met:
(1) The deduction is not otherwise prohibited by law;
(2) It is either:
(i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is
to be done and such consent is not a condition either for the obtaining of or for the continuation of
employment, or
(ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor
and representatives of its employees;
(3) No profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor
or any affiliated person in the form of commission, dividend, or otherwise; and
(4) The deductions shall serve the convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when
voluntarily authorized by the employee.
(f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in
credit unions organized and operated in accordance with Federal and State credit union statutes.
(g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental
or quasi-governmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized by the employee for the making of contributions to Community
Chests, United Givers Funds, and similar charitable organizations.
(i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special
assessments: Provided, however, That a collective bargaining agreement between the contractor or
subcontractor and representatives of its employees provides for such deductions and the deductions are
not otherwise prohibited by law.
(j) Any deduction not more than for the ``reasonable cost'' of board, lodging, or other facilities meeting
the requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and part 531 of this
title. When such a deduction is made the additional records required under Sec. 516.25(a) of this title shall
be kept.
(k) Any deduction for the cost of safety equipment of nominal value purchased by the employee as his
own property for his personal protection in his work, such as safety shoes, safety glasses, safety gloves,
and hard hats, if such equipment is not required by law to be furnished by the employer, if such deduction
is not violative of the Fair Labor Standards Act or prohibited by other law, if the cost on which the deduction
is based does not exceed the actual cost to the employer where the equipment is purchased from him and
does not include any direct or indirect monetary return to the employer where the equipment is purchased
from a third person, and if the deduction is either
(1) Voluntarily consented to by the employee in writing and in advance of the period in which the work is
to be done and such consent is not a condition either for the obtaining of employment or its continuance;
or
(2) Provided for in a bona fide collective bargaining agreement between the contractor or subcontractor
and representatives of its employees.
[29 FR 97, Jan. 4, 1964, as amended at 36 FR 9770, May 28, 1971]
Sec. 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any
deduction not permitted under Sec. 3.5. The Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or
indirectly from the deduction either in the form of a commission, dividend, or otherwise;
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the
period in which the work is
To be done and such consent is not a condition either for the obtaining of employment or its continuance,
or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor
and representatives of its employees; and
(d) The deduction serves the convenience and interest of the employee.
Sec. 3.7 Applications for the approval of the Secretary of Labor.
Any application for the making of payroll deductions under Sec. 3.6 shall comply with the requirements
prescribed in the following paragraphs of this section:
(a) The application shall be in writing and shall be addressed to the Secretary of Labor.
(b) The application need not identify the contract or contracts under which the work in question is to be
performed. Permission will be given for deductions on all current and future contracts of the applicant for a
period of 1 year. A renewal of permission to make such payroll deduction will be granted upon the
submission of an application which makes reference to the original application, recites the date of the
Secretary of Labor's approval of such deductions, states affirmatively that there is continued compliance
with the standards set forth in the provisions of Sec. 3.6, and specifies any conditions which have changed
in regard to the payroll deductions.
(c) The application shall state affirmatively that there is compliance with the standards set forth in the
provisions of Sec. 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such
compliance.
(d) The application shall include a description of the proposed deduction, the purpose to be served
thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be
made.
(e) The application shall state the name and business of any third person to whom any funds obtained
from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the
applicant.
[29 FR 97, Jan. 4, 1964, as amended at 36 FR 9771, May 28, 1971]
Sec. 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the requested deduction is permissible under
provisions of Sec. 3.6; and shall notify the applicant in writing of his decision.
Sec. 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for by this part and which are
not found to be permissible under
Sec. 3.6 are prohibited.
Sec. 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable instruments payable on demand, or the additional
forms of compensation for which deductions are permissible under this part. No other methods of payment
shall be recognized on work subject to the Copeland Act.
Sec. 3.11 Regulations part of contract.
All contracts made with respect to the construction, prosecution, completion, or repair of any public
building or public work or building or work financed in whole or in part by loans or grants from the United
States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply
with such of the regulations in this part as may be applicable. In this regard, see Sec. 5.5(a) of this subtitle.
Siesmic Safety - 42 U.S.C. 7701 et seq. 49, CFR Part 41
The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions to
existing buildings.
The contractor agrees that any new building or addition to an existing building will be designed and constructed
in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety
Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The
contractor also agrees to ensure that all work performed under this contract including work performed by a
subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the
certification of compliance issued on the project
Non Construction Activities
Non Construction Employee Protection Requirements (Except for supplies/raw materials)
The Contractor agrees to comply with and assures compliance by other Project participants with any applicable
employee protection requirements for nonconstruction employees of the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., in particular with the wage and hour requirements of
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor
Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety
Transit Operations
Transit Employee Protective Arrangements - 49 U.S.C. § 5310, § 5311, and § 5333; 29 CFR
Part 215
The Contractor agrees to the comply with applicable transit employee protective requirements as follows:
a.
General Transit Employee Protective Requirements - To the extent that FTA determines that transit
operations are involved, the Contractor agrees to carry out the transit operations work on the underlying
contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and
equitable to protect the interests of employees employed under this contract and to meet the employee
protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL
to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on
the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated
in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed
with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities
authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311.
Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause.
b.
Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5310(a)(2) for
Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in
whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of
Transportation has determined or determines in the future that the employee protective requirements of 49
U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work
is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the
terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. §
5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and
conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant
Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in
connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter.
c.
Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in
Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal
assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of
the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation
and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.
The Contractor also agrees to include the applicable requirements in each subcontract involving transit
operations financed in whole or in part with Federal assistance provided by FTA.
Charter Service Operation - 49 U.S.C. 5323(d), 49 CFR Part 604
Charter Service Operations - The contractor agrees to comply with 49 U.S.C.
5323(d) and 49 CFR Part 604, which provides that recipients and
subrecipients of FTA assistance are prohibited from providing charter service
using federally funded equipment or facilities if there is at least one private
charter operator willing and able to provide the service, except under one of
the exceptions at 49 CFR 604.9. Any charter service provided under one of
the exceptions must be "incidental," i.e., it must not interfere with or detract
from the provision of mass transportation.
School Bus Operation - 49 U.S.C. 5323(f) or (g), 49 CFR Part 605
Pursuant to 49 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients
of FTA assistance may not engage in school bus operations exclusively for
the transportation of students and school personnel in competition with
private school bus operators unless qualified under specified exemptions.
When operating exclusive school bus service under an allowable exemption,
recipients and subrecipients may not use federally funded equipment,
vehicles, or facilities.
Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations - 49 U.S.C.
§5331, 49 CFR Part 655
The contractor agrees to establish an anti-drug use and alcohol misuse program that complies with 49
CFR Part 655, produce any documentation necessary to establish its compliance with Part 655, and
permit any authorized representative of the United States Department of Transportation or its operating
administrations, the State Oversight Agency of Arizona, or Sun Tran, to inspect the facilities and records
associated with the implementation of the drug and alcohol testing program as required under 49 CFR
Part 655 and review the contractor's testing process. The contractor agrees further to certify annually its
compliance with Part 655 thirty days before July 1st of each year and to submit the Management
Information System (MIS) reports thirty days before March 15 each year to John Zukas, Transit Services
Coordinator, P.O. Box 27210 Tucson, AZ 85726.
If the Contractor performs functions under the Federal Highway Administration (FHWA) and Federal
Transit Administration (FTA), the contractor must comply with such applicable regulations. The
Privacy Act - 5 U.S.C. 552
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are
organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to
all contracts.
The following requirements apply to the Contractor and its employees that administer any system of records
on behalf of the Federal Government under any contract:
1.
The Contractor agrees to comply with, and assures the compliance of its employees with, the information
restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other
things, the Contractor agrees to obtain the express consent of the Federal Government before the
Contractor or its employees operate a system of records on behalf of the Federal Government. The
Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties
for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of
the Privacy Act may result in termination of the underlying contract.
2.
The Contractor also agrees to include these requirements in each subcontract to administer any system
of records on behalf of the Federal Government financed in whole or in part with Federal assistance
provided by FTA.
Planning, Research, Development and Demonstration Projects
Patent And Rights In Data - 37 CFR Part 401, 49 CFR Parts 18 and 19
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK.
A.
Rights in Data - This following requirements apply to each contract involving experimental,
developmental or research work:
1.
The term "subject data" used in this clause means recorded information, whether or not
copyrighted, that is delivered or specified to be delivered under the contract. The term includes
graphic or pictorial delineation in media such as drawings or photographs; text in specifications
or related performance or design-type documents; machine forms such as punched cards,
magnetic tape, or computer memory printouts; and information retained in computer memory.
Examples include, but are not limited to: computer software, engineering drawings and
associated lists, specifications, standards, process sheets, manuals, technical reports, catalog
item identifications, and related information. The term "subject data" does not include financial
reports, cost analyses, and similar information incidental to contract administration.
2.
The following restrictions apply to all subject data first produced in the performance of the contract
to which this Attachment has been added:
a.
Except for its own internal use, the Purchaser or Contractor may not publish or reproduce
subject data in whole or in part, or in any manner or form, nor may the Purchaser or
Contractor authorize others to do so, without the written consent of the Federal
Government, until such time as the Federal Government may have either released or
approved the release of such data to the public; this restriction on publication, however,
does not apply to any contract with an academic institution.
b.
In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government
reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or
otherwise use, and to authorize others to use, for "Federal Government purposes," any
subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below.
As used in the previous sentence, "for Federal Government purposes," means use only
for the direct purposes of the Federal Government. Without the copyright owner's consent,
the Federal Government may not extend its Federal license to any other party.
1.
Any subject data developed under that contract, whether or not a copyright has
been obtained; and
2.
Any rights of copyright purchased by the Purchaser or Contractor using Federal
assistance in whole or in part provided by FTA.
c.
When FTA awards Federal assistance for experimental, developmental, or research work,
it is FTA's general intention to increase transportation knowledge available to the public,
rather than to restrict the benefits resulting from the work to participants in that work.
Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing
experimental, developmental, or research work required by the underlying contract to
which this Attachment is added agrees to permit FTA to make available to the public, either
FTA's license in the copyright to any subject data developed in the course of that contract,
or a copy of the subject data first produced under the contract for which a copyright has
not been obtained. If the experimental, developmental, or research work, which is the
subject of the underlying contract, is not completed for any reason whatsoever, all data
developed under that contract shall become subject data as defined in subsection (a) of
this clause and shall be delivered as the Federal Government may direct. This subsection
(c) , however, does not apply to adaptations of automatic data processing equipment or
programs for the Purchaser or Contractor's use whose costs are financed in whole or in
part with Federal assistance provided by FTA for transportation capital projects.
d.
Unless prohibited by state law, upon request by the Federal Government, the Purchaser
and the Contractor agree to indemnify, save, and hold harmless the Federal Government,
its officers, agents, and employees acting within the scope of their official duties against
any liability, including costs and expenses, resulting from any willful or intentional violation
by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising
out of the publication, translation, reproduction, delivery, use, or disposition of any data
furnished under that contract. Neither the Purchaser nor the Contractor shall be required
to indemnify the Federal Government for any such liability arising out of the wrongful act
of any employee, official, or agents of the Federal Government.
e.
Nothing contained in this clause on rights in data shall imply a license to the Federal
Government under any patent or be construed as affecting the scope of any license or
other right otherwise granted to the Federal Government under any patent.
f.
Data developed by the Purchaser or Contractor and financed entirely without using Federal
assistance provided by the Federal Government that has been incorporated into work
required by the underlying contract to which this Attachment has been added is exempt
from the requirements of subsections (b), (c), and (d) of this clause , provided that the
Purchaser or Contractor identifies that data in writing at the time of delivery of the contract
work.
g.
Unless FTA determines otherwise, the Contractor agrees to include these requirements in
each subcontract for experimental, developmental, or research work financed in whole or
in part with Federal assistance provided by FTA.
3.
Unless the Federal Government later makes a contrary determination in writing, irrespective of
the Contractor's status (i.e., a large business, small business, state government or state
instrumentality, local government, nonprofit organization, institution of higher education,
individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide,
through FTA, those rights in that invention due the Federal Government as described in U.S.
Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
37 C.F.R. Part 401.
4.
The Contractor also agrees to include these requirements in each subcontract for experimental,
developmental, or research work financed in whole or in part with Federal assistance provided by
FTA.
B.
Patent Rights - This following requirements apply to each contract involving experimental,
developmental, or research work:
1.
General - If any invention, improvement, or discovery is conceived or first actually reduced to
practice in the course of or under the contract to which this Attachment has been added, and that
invention, improvement, or discovery is patentable under the laws of the United States of America
or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide
immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified.
2.
Unless the Federal Government later makes a contrary determination in writing, irrespective of
the Contractor's status (a large business, small business, state government or state
instrumentality, local government, nonprofit organization, institution of higher education,
individual), the Purchaser and the Contractor agree to take the necessary actions to provide,
through FTA, those rights in that invention due the Federal Government as described in U.S.
Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
3.
The Contractor also agrees to include the requirements of this clause in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal assistance
provided by FTA.
Turnkey and Other Acquisitions Made by a Third Party Contractor
Assuming the Role of Sun Tran
Bus Testing - 49 U.S.C. 5323(c), 49 CFR Part 665
The Contractor or Manufacturer agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing regulation
at 49 CFR Part 665 and shall perform the following:
1.
A manufacturer of a new bus model or a bus produced with a major change in components or
configuration shall provide a copy of the final test report to Sun Tran at a point in the procurement process
specified by Sun Tran which will be prior to Sun Tran's final acceptance of the first vehicle.
2.
A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of
the testing facility that the report is available to the public.
3.
If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have
the identical configuration and major components as the vehicle in the test report, which must be
provided to Sun Tran prior to recipient's final acceptance of the first vehicle. If the configuration or
components are not identical, the manufacturer shall provide a description of the change and the
manufacturer's basis for concluding that it is not a major change requiring additional testing.
4.
If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service
in the United States before October 1, 1988, and is currently being produced without a major change in
configuration or components), the manufacturer shall provide the name and address of Sun Tran of such
a vehicle and the details of that vehicle's configuration and major components.
Pre-Award and Post-Delivery Audit Requirements - 49 U.S.C. 5323, 49 CFR Part 663
The Contractor agrees to comply with 49 U.S.C. § 5323(l) and FTA's implementing regulation at 49 C.F.R. Part
663 and to submit the following certifications:
1.
Buy America Requirements: The Contractor shall complete and submit a declaration certifying either
compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy
America, it shall submit documentation which lists:
a.
component and subcomponent parts of the rolling stock to be purchased identified by
manufacturer of the parts, their country of origin and costs; and;
b.
the location of the final assembly point for the rolling stock, including a description of the activities
that will take place at the final assembly point and the cost of final assembly.
2.
Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of
meeting the bid specifications.
3.
Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit:
a.
manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant
FMVSS or;
b.
manufacturer's certified statement that the contracted buses will not be subject to FMVSS
regulations.
Miscellaneous Special Requirements
Environmental Protection 42 U.S.C. 4321 et seq., 49 U.S.C. 5324(b) et seq., 40 CFR Part
1500 et seq., 23 CFR Part 771, 49 CFR Part 622
The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act of
1969, as amended, 42 U.S.C. §§ 4321 et seq. consistent with Executive Order No. 11514, as amended,
"Protection and Enhancement of Environmental Quality," 42 U.S.C. § 4321 note; FTA statutory requirements
on environmental matters at 49 U.S.C. § 5324(b); Council on Environmental Quality regulations on compliance
with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq.; and joint
FHWA/FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R.
Part 622
Energy Conservation Requirements - 42 U.S.C. 6321 et seq., 49 CFR Part 18
Contractor shall recognize mandatory standards and policies relating to energy efficiency which are contained
in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
Metric System Requirements 15 U.S.C. 205a et seq.
As required by U.S. DOT or FTA, Sun Tran agrees to use the metric system of measurement in its Project
activities, as may be required by 15 U.S.C. §§ 205a et seq.; Executive Order No. 12770, "Metric Usage in
Federal Government Programs," 15 U.S.C. § 205a note; and other regulations, guidelines, and policies issued
by U.S. DOT or FTA. To the extent practicable and feasible, Sun Tran agrees to accept products and services
with dimensions expressed in the metric system of measurement.
National ITS Architecture
The Contractor agrees to conform, to the extent applicable, to the National Intelligent Transportation Systems
(ITS) Architecture and Standards as required by SAFETEA LU § 5307(c), 23 U.S.C. § 512 note, and comply
with FTA Notice, "FTA National ITS Architecture Policy on Transit Projects" 66 Fed. Reg. 1455 et seq., January
8, 2001, and to any subsequent further implementing directives, except to the extent FTA determines otherwise
in writing.
Recycled Products (for items designated by the EPA)
The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation
and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory
provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items
designated in Subpart B of 40 CFR Part 247.
Seat Belt Use
he contractor is encouraged to adopt and promote on-the-
job seat belt use policies and programs for its employees and other personnel that operate company-
owned, rented, or personally operated vehicles, and to include this provision in any subagreements, leases,
third party contracts, or other similar document in connection with the Project.
Text Messaging While Driving
In accordance with Executive Order No. 13513,Federal Leadership on Reducing Text Messaging While
Driving, October 1, 2009, 23 U.S.C.A. § 402 note, and DOT Order 3902.10, Text Messaging While
December 30, 2009, the contractor is encouraged to comply with the terms of the following Special
Provision.
a. Definitions. As used in this Special Provision:
(1) "Driving" means operating a motor vehicle on a roadway, including while temporarily
stationary because of traffic, a traffic light, stop sign, or otherwise. "Driving" does not
include being in your vehicle (with or without the motor running) in a location off the
roadway where it is safe and legal to remain stationary.
(2) "Text Messaging" means reading from or entering data into any handheld or other
electronic device, including for the purpose of short message service texting, e-mailing,
instant messaging, obtaining navigational information, or engaging in any other form of
electronic data retrieval or electronic data communication. The term does not include the
use of a cell phone or other electronic device for the limited purpose of entering a telephone
number to make an outgoing call or answer an incoming call, unless the practice is
prohibited by State or local law.
b. Safety. The Grantee is encouraged to:
(1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving-
(a) Grantee-owned or Grantee-rented vehicles or Government-owned, leased or
rented vehicles;
(b) Privately-owned vehicles when on official Project related business or when
performing any work for or on behalf of the Project; or
(c) Any vehicle, on or off duty, and using an employer supplied electronic device.
(2) Conduct workplace safety initiatives in a manner commensurate with the Grantee's
size, such as:
(a) Establishment of new rules and programs or re-evaluation of existing programs
to prohibit text messaging while driving; and
(b) Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
(3) Include this Special Provision in its subagreements with its subrecipients and third party
contracts and also encourage its subrecipients, lessees, and third party contractors to
comply with the terms of this Special Provision, and include this Special Condition in each
subagreement, lease, and third party contract at each tier financed with Federal assistance
provided by the Federal Government.
Federal Davis-Bacon Wage Rates
The Federal Wage Rates applicable to this
Contract are set forth in the following
Document.
INSERT MOST RECENT WAGE DECISION INFORMATION HERE
Certifications
BUY AMERICA CERTIFICATION
CERTIFICATION FOR PROCUREMENT OF STEEL OR MANUFACTURED
PRODUCTS
(To be submitted with each bid or offer exceeding $100,000)
(To be signed and submitted by the bidder/offeror)
Certification requirement for all procurements except buses, other rolling stock and associated
equipment.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America
certification (below) with all bids on FTA-funded contracts, except those subject to a
general waiver. Bids or offers that are not accompanied by a completed Buy America
certification must be rejected as non-responsive. This requirement does not apply to
lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 CFR Part 661.
Date ____________________________________________________________
Signature______________________________________________________
Company Name_______________________________________________________
Title _____________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1), but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(B)
or (j)(2)(D) and the regulations in 49 CFR 661.7.
Date _________________________________________________________________
Signature ___________________________________________________________
Company Name ________________________________________________________
Title _______________________________________________________________
BUY AMERICA CERTIFICATION
CERTIFICATION FOR PROCUREMENT OF STEEL OR MANUFACTURED PRODUCTS
Certification requirement for procurement of buses, other rolling stock and associated equipment.
(To be submitted with each bid or offer exceeding $100,000)
(To be signed and submitted by the bidder/offeror)
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49
U.S.C. 5323(j)(2)(C) and the regulations at 49 CFR Part 661.
Date ______________________________________________________________
Signature __________________________________________________________
Company Name _____________________________________________________
Title _______________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(2)(C), but may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7.
Date ______________________________________________________________
Signature __________________________________________________________
Company Name _____________________________________________________
Title ________________________________________________________
TRA
Certificate of Compliance with 49 CFR part 26.
CERTIFICATION REQUIREMENT FOR PROCUREMENT OF TRANSIT VEHICLES ONLY
(To be submitted with all bids or offers for transit vehicles)
(To be signed and submitted by the manufacturer of the product offered)
This procurement is subject to the provisions of 49 CFR Part 26. Accordingly, as a
condition of permission to bid, the following certification must be completed and
submitted with the bid. A bid that does not include the certification must be rejected as
non-responsive and not considered for evaluation and award.
I hereby certify that the offeror has complied with the requirements of 49 CFR part 26,
Participation by Disadvantaged Business Enterprises in DOT Programs, and that its
goals have been approved, or not disapproved, by the Federal Transit Administration.
Name of Offeror
Official
Date
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE
AGREEMENTS
(To be submitted with each bid or offer exceeding $100,000)
(To be submitted by the bidder/offeror)
The undersigned Contractor certifies, to the best of his or her knowledge and belief, that:
1.
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to 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 [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]
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.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such expenditure or 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 agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__
________________ Name and Title of Contractor's Authorized Official
______
______ Date
CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIREMENTS
(Pertains only to the acquisition of Turnkey Rolling Stock over $100,000))
(To be signed and submitted by the manufacturer of the product offered)
The undersigned Manufacturer certifies that the vehicle offered in this procurement complies
with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665.
The undersigned understands that misrepresenting the testing status of a vehicle
acquired with Federal financial assistance may subject the undersigned to civil
penalties as outlined in the Department of Transportation's regulation on Program
Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands
that FTA may suspend or debar a manufacturer under the procedures in 49 CFR
Part 29.
Date: __________________________________
Signature: ______
_____________________
Company Name: __________________________
Title: ___________________________________
Protest Procedures For Federal Transit Administration Funded
Projects
City Of Tucson Protest Procedures For Federal Transit Administration (FTA) Funded
Projects
A protestant must exhaust all City of Tucson Procurement administrative procedures and
remedies before pursuing a protest with the FTA.
1.
Any and all protests shall be in writing and shall be filed with the Director of Procurement, City of Tucson,
Arizona. A protest relating to the process for determining the most responsive and responsible proposer
shall be filed within ten (10) calendar days after the protestor knows or should have known the basis of
the determination. A protest of a proposed award or rejection shall be filed within ten (10) calendar days
after the protestor knows or should have known the basis of the protest. The Contract Officer shall
respond to a protest within fourteen (14) calendar days after the receipt of the protest. The Procurement
Director may grant the Contract Officer an extension for the response if warranted. A request for
reconsideration of any and all determinations by the Contract Officer shall be filed with the Procurement
Director within seven (7) calendar days after the receipt of the determination.
2.
A protest shall include:
A.
The name, address, and telephone number, including FAX number if available, of the protestor;
B.
The signature of the protestor or authorized representative;
C.
Identification of the contract/solicitation;
D.
A detailed statement of the legal and/or factual grounds of protest including copies and/or citations
of relevant documents, and;
E.
The form of relief requested.
3.
If any of the above information is omitted or incomplete, then the Protestor shall be notified, in writing,
within two (2) calendar days after that determination, and the Protestor shall have two (2) calendar days
in which to remedy the specified problem.
4.
The City will not make award prior to the resolution of a protest, or open bids prior to resolution of a
protest filed before bid opening unless the Procurement Director determines in writing that it is in the
best interests of the City or in keeping with Item 7 of this procedure to do otherwise. Potential contractors
will be advised of a pending protest if the protest is filed before award.
5.
The Procurement Director may allow for an informal conference on the merits of a protest with all
interested parties allowed to attend. Interested parties include all bidders/offerors, and may also include
a subcontractor or supplier provided they have a substantial economic interest in a portion of the IFB or
RFP.
6.
The Procurement Director shall respond "in writing", in detail, to each substantial issue raised in the
protest. The Procurement Director has the sole authority to make determinations for the City, and a
determination shall be considered final when it is labeled as such. A request for reconsideration will be
allowed by the Procurement Director if he determines that data has become available that was not
previously known, or that there has been an error of law or regulation.
7.
The City may proceed with a procurement when a protest is pending if the City determines that:
A.
The items to be procured are urgently required;
B.
Delivery or performance will be unduly delayed by failure to make the award promptly; or
C.
Failure to make award will otherwise cause undue harm to the grantee for the Federal
Government.
8.
FTA will only entertain a protest that alleges:
1.
The City failed to have or to adhere to its protest procedures, or failed to review a complaint or
protest; or
2.
Violations of Federal law or regulation.
A protest to FTA must be filed in accordance with FTA Circular 4220.1F, available from the Contract Officer.
Specifically, protestors shall file a protest with FTA Region 9 or FTA Headquarters Office no later than five (5)
days after a final decision is rendered under the City's protest procedure. In instances where the protestor
alleges that the City failed to make a final determination on the protest, protestors shall file a protest with FTA
not later than five (5) calendar days after the protester knew or should have known of the grantee's failure to
render a final determination on the protest.
A protest filed with FTA shall:
A.
Include the name and address of the protestor.
B.
Identify the grantee, project number, and the number of the contract solicitation.
C.
Contain a statement of the grounds for protest and any supporting documentation. This should
detail the alleged failure to have or adhere to protest procedures, failure to review a complaint or
protest; or Violation of Federal law or regulation.
D.
Include a copy of the local protest filed with the grantee and a copy of the grantee's decision, if
any.
W.W. Grainger,
Inc. 100 Grainger Parkway
Lake Forest, IL 60045-5201
Tel: 847.535.1000
Fax: 847.535.9243
www.grainger.com
March 28, 2024
Mr. Matthew Sage
Procurement Manager
City of Tucson
Business Services Department
Shared Services Procurement Division
255 W, Alameda, 6th Floor
Tucson, AZ 85701
RE: W.W. Grainger, Inc., Letter of Clarification and Exception to the City of Tucson Request for
Proposal No. 240078 Maintenance Repair and Operations Supplies Parts, Equipment, and Materials
Dear Mr. Sage:
W.W. Grainger, Inc. (“Grainger”, “Contractor”, or “Offeror”) appreciates the opportunity to respond to
the City of Tucson (“City”) Request for Proposal No. 240078 (“RFP”), Maintenance, Repair and
Operations (“MRO”) Supplies, Equipment, and Materials. As you know, Grainger's focus on contract
compliance and customer satisfaction is second to none. To that end, Grainger respectfully requests the
opportunity to incorporate, should we be awarded this contract, our clarifications, and exceptions into the
terms of the contract. Our objective is to earn the privilege of working with the City of Tucson and OMNIA
Partners and doing so with an understanding that our collective expectations with respect to
operationalization of contract terms and conditions are aligned. In accordance with RFP Section D.9.
Exceptions to Contract Provisions, your favorable consideration of our proposed exceptions and
clarifications is requested:
Request For Proposal No. 240078
Section C., Scope of Work, Subsection C.1.A.7. Warranty.
Original Language: Offeror shall warrant that all equipment and parts furnished in their offer are
newly manufactured and free from defects in material and workmanship for no less than one (1) year
from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade
standards of quality, fitness for the intended uses, and conformance to promises or specified
specifications. No other express or implied warranty shall eliminate the vendor’s liability as stated
herein.
Modified Language: Offeror shall warrant that all equipment and parts furnished in their offer are
newly manufactured and free from defects for no less than one (1) year from the date the equipment is
delivered or installed. Warranty shall also guarantee accepted trade standards of quality, fitness for the
intended uses, and conformance to specified specifications. Please see Grainger’s City of Tucson
technical response, Section 3. Services., iii., 8th Para. for additional Grainger Warranty Terms and
Conditions
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Confidential and Proprietary – Trade Secret Protected
Attachments for City of Tucson
Exhibit 01 – Sourcing Terms Product & Services
Updated 02.14.24
TERMS AND CONDITIONS FOR SOURCED PRODUCTS AND SERVICES
Seller will source products and services not available through the Seller’s General Catalog or website (“Sourced
Products” or “Sourced Services”). The pricing model for Sourced Products and Sourced Services is based on current
market conditions and is competitive for spot buy situations on a per order basis. Contract Category Discounts do not
apply to Buyer’s purchase of Sourced Product or Sourced Services. Upon request, Seller will provide Buyer a
quotation from the source of supply or vendor of the Sourced Products or Sourced Services, which shall include the
price, freight, warranty, and any opportunity specific terms and conditions. In the event of a conflict between the
standard terms and conditions in this Contract and additional Sourced Product or Services terms, the additional
Sourced Product or Services terms shall prevail.
1. SOURCED PRODUCTS
a. SOURCED PRODUCTS SHIPPING. Unless otherwise agreed to in writing between Seller and Buyer,
Sourced Products are shipped with all costs imposed by the carrier related to the shipment paid by Seller
and charged to Buyer on Buyer’s invoice. Receipts for freight charges will not be furnished. Title and risk of
loss pass to Buyer upon tender of the shipment to carrier.
b. SOURCED PRODUCTS LIMITED WARRANTY. THE PRODUCT WARRANTY PROVIDED BY THE
MANUFACTURER AND/OR SUPPLIER OF THE SOURCED PRODUCT WILL BE BUYER'S SOLE
REMEDY. SELLER'S STANDARD LIMITED WARRANTY TERMS INCLUDED IN THIS AGREEMENT OR
SELLER’S WEBSITE TERMS AND CONDITIONS, TO THE EXTENT APPLICABLE, DO NOT APPLY TO
SOURCED PRODUCTS.
c. SOURCED PRODUCTS WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO
WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR
AUTHORIZED BY SELLER. SELLER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS. SELLER ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING
OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION,
PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION.
d. SOURCED PRODUCTS RETURNS. An RGA (Returned Goods Authorization) must be issued by Seller prior
to returning Sourced Products; the RGA is good for thirty (30) days after issuance. Returns will be sent
directly to the sourced supplier, and not to a Seller location, unless otherwise instructed in the RGA. Returned
Sourced Products may incur a restocking fee based upon the Sourced Product sell price, plus freight paid by
Seller and added to the invoice, unless the shipment of Sourced Products was the result of Seller or
manufacturer error, or the Sourced Products are defective. Special manufactured and custom engineered
products are sold on a “FINAL SALE” basis only and no changes, cancellation, returns, or refunds are
allowed, except if Sourced Products are defective.
e. In the event that Seller agrees to stock an agreed upon quantity of Sourced Products for Buyer, upon
expiration or termination of the Agreement, Buyer agrees to purchase all remaining stocked Sourced Product.
Seller will invoice Buyer within (30) days of expiration, cancellation, or termination of the Agreement.
2. SOURCED SERVICES
a. SOURCED SERVICES PERFORMANCE. The performance of Sourced Services will be governed by the
following additional terms and conditions (“additional service terms”). Sourced Services may be performed
by: (i) Seller, its subsidiaries, affiliates, or subcontractors (“Seller”); or third-party service providers engaged
by Seller ("third-party providers"). For purposes of this section, “Sourced Service Provider” refers to either
Seller or a third-party provider depending upon which of them is performing services, and “service provider
personnel” refers to personnel of such Sourced Service Provider.
b. SOURCED SERVICES SPECIFIC TERMS. The terms and conditions contained in this section are extended
solely by the specific Sourced Service provider performing Sourced Services and should be considered
opportunity specific. A third-party provider may require Buyer via Seller to execute additional contractual
documents prior to the performance of Sourced Services, which documents may modify the terms between
Buyer and Seller specific to the Sourced Services sold. In the event of a conflict between the standard terms
Updated 02.14.24
and conditions in this Contract and additional Sourced Services terms, the additional Sourced Services terms
shall prevail for the performance of the Sourced Services sold.
c. SOURCED SERVICES LIMITED WARRANTY. All Sourced Services will (i) be performed in a workmanlike
manner; (ii) conform to the specifications (if any) provided by the Sourced Service provider in a statement of
work; and (iii) be warranted for a period of ninety (90) days after performance of Sourced Services (“limited
warranty period”). If Sourced Services are improperly performed and Buyer notifies Seller of the improperly
performed Sourced Service during the limited warranty period, then Seller will coordinate with the Sourced
Service provider to re-perform those Sourced Services, in whole or in part, as necessary to cure the particular
breach, or at the Sourced Service provider’s sole option, refund the amount paid by Buyer for the Sourced
Services directly attributable to the particular breach. The Sourced Service provider’s re-performance or
refund of amounts paid by Buyer for the Sourced Service directly attributable to the particular breach shall
be Buyer’s sole and exclusive remedy.
d. SOURCED SERVICES WARRANTY DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION FOR SOURCED
SERVICES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND THE SOURCED
SERVICE PROVIDER DISCLAIMS, AND BUYER WAIVES, ALL OTHER WARRANTIES FOR SOURCED
SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. THE WARRANTIES SET FORTH
IN THIS SECTION ARE EXPRESSLY CONDITIONED UPON THE USE OF THE SOURCED SERVICES
FOR THEIR INTENDED PURPOSE AND SHALL NOT APPLY TO SOURCED SERVICES WHICH HAVE
BEEN SUBJECT TO MODIFICATION BY BUYER OR ANY THIRD PARTY.
e. SOURCED SERVICES LIMITED LIABILITY. SELLER AND THIRD-PARTY PROVIDERS EXPRESSLY
DISCLAIM ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE
DAMAGES IN THE PERFORMANCE OF SOURCED SERVICES. THE LIABILITY OF SELLER OR ANY
THIRD-PARTY PROVIDER PERFORMING SOURCED SERVICES IN ALL CIRCUMSTANCES IS LIMITED
TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE FOR THE PERFORMANCE OF THE PORTION
OF SOURCED SERVICES THAT GIVES RISE TO ANY LIABILITY.
Exhibit 02 – Grainger 2023 ESG Report