Res No 080-19-15352RESOLUTION NO.: 8 0 =19 -1 5 3 5 2
A Resolution authorizing the City Manager to procure a new water trailer from Multiquip,
Inc., by piggybacking onto its contract with a Minnesota governmental agency known as
Sourcewell.
WHEREAS, the Parks Division needs a maneuverable and portable water trailer (525g HP
TRLR70) to tackle a host of operational assignments that range from landscaping and trenching
activities to maintenance support and equipment wash down assignments; and
WHEREAS, the Sourcewell (f/k/a National Joint Powers Alliance), is a service cooperative
created by the Minnesota legislature, under the authority of Minn. Const. Art. XII, Sec. 3, as a local
unit of government. As a public cooperative and agency, Sourcewell is governed by local elected
municipal officials and school board members pursuant to Minn. Stat. §123A.21(2017); and
WHEREAS, Sourcewell is authorized to establish competitively awarded cooperative
purchasing contracts on behalf of itself and its member agencies. Sourcewell follows the
competitive contracting law process to solicit, evaluate and award cooperative purchasing
contracts for goods and services. Sourcewell cooperative purchasing contracts are made available
through the joint exercise of powers law Minn. Stat. §471.59 to member agencies including the City
of South Miami; and
WHEREAS, the City wishes to piggyback on Multiquip.. Inc.'s contract with Sourcewell
pursuant to RFP #052015-MTQ for portable construction and maintenance equipment and trailers
with related accessories, attachments and supplies; and
WHEREAS, the purchase price shall not exceed $9,111.20.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager hereby is authorized to procure a new water trailer from
Multiquip, Inc. by piggybacking onto its contract with Sourcewell. The total expenditure in the
amount of $9,111.20 shall be charged to the Capital Improvement Project —Fleet Replacement —
account number 301=2000-572-6440, which has a balance of $36,681 before this request was
made.
Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this resolution.
Section 3: This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 18t' day of June, 2019.
Page 1 of 2
Res. No 80-19-15352
ATTEST:
C-&
CITY CLE K
APPROVED:
N 5;j ON
READ AND APPR D AS TO FOR COMMISSION VOTE: 5-0
LANGUA LITYAND E TI N Mayor Stoddard: Yea
T E0 Vice Mayor Harris: yea
Commissioner Gil: yea
Commissioner Liebman: yea
CITY ATT RNEY Commissioner Welsh: Yea
Page 2 of 2
Agenda Item No:7.
City Commission Agenda item Report
Meeting Date: June 18, 2019
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to procure a new water trailer from Multiquip, Inc., by piggybacking
onto its contract with a Minnesota governmental agency known as Sourcewell. 3/5 (City Manager -Parks &
Recreation Dept.)
Suggested Action:
Attachments:
Memo -Water Trailer Equipment (QP).docx
Reso-Water Trailer Equipment CArev.docx
REV Piggyback Contract SOURCWELL MULTIQUIPx 5.31.19.pdf
South Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
Via: Quentin Pough, Director of Parks & Recreation
DATE: June 18, 2019
SUBJEcr: A Resolution authorizing the City Manager to procure a new water trailer
through a piggyback agreement from Sourcewell, RFP #052015-MTQ for
portable construction and maintenance equipment and trailers with
related accessories, attachments and supplies.
BACKGROUND: The Parks Division is in need of a maneuverable and portable water
trailer (525g HP TRLR70) to tackle a host of operational assignments that
range from landscaping and trenching activities to maintenance support
and equipment wash down assignments. This request for purchase is
replacing a new Spreader equipment (budgeted in CIP) which is no longer
needed since it is provided and used by the city's landscape contractor.
The City wishes to piggyback on the Sourcewell contract, RFP #052015-
MTQ for portable construction and maintenance equipment and trailers
with related accessories, attachments and supplies.
EXPENSE: 9,111.20
FUND &
ACCOUNT: The expenditure shall be charged to the Capital Improvement Project,
Fleet Replacement, account number 301-2000-572-6440, which has a
balance of $36,681 before this request was made.
ATTACHMENTS: Resolution
Piggyback Contract Sourcewell Multiquip Inc.
E
CONTRACT FOR PORTABLE CONSTRUCTION & MAINTENANCE EQUIPMENT &
TRAILERS WITH RELAED ACCESSORIES, ATTACHMENTS & SUPPLIES
THIS AGREEMENT made and entered into this / day of 441r- L , 2012by
and between the City of South Miami, a Florida municipal Corporation by and through its City
Manager (hereinafter referred to as "City") and MULTIOUI P. INC., (hereinafter referred to as
"Contractor") whose address is 18910 Wilmington Avenue, Carson, CA 90746 and whose
email address of iwooten(a7multiauio.com.
WITNESSETH:
WHEREAS, the SOURCEWELL, formerly National Joint Powers Alliance. (NJPA)
a public corporation and agency and a purchasing cooperative created by the Minnesota
legislature as a local unit of government, solicited bids pursuant to RFP #052015 for
PORTABLE CONSTURCTION & MAINTENANCE EQUIPMENT & TRAILERS WITH
RELAED ACCESSORIES, ATTACHMENTS & SUPPLIES; and
WHEREAS, the SOURCEWELL, after completing a competitive bidding process,
awarded a contract to Contractor, and
WHEREAS, the City of South Miami desires to utilize the SOURCEWELL. Contract
with Contractor; and
WHEREAS, the City is authorized, pursuant to the City of South Miami's Charter, to
piggyback off of contracts, such as the contract in question between SOURCEWELL, and
Contractor, that were entered into in accordance with a solicitation process that is at least as
vigorous as that of the City of South Miami; and
NOW, THEREFORE, the City and the Contractor, each through their authorized
representative/official, agree as follows:
1. The City desires to enter into a Contract, under the same provisions as set forth in
the contract between SOURCEWELL, and Contractor pursuant to RFP #052015 as modified
by this Agreement.
2. The City has reviewed the contract between SOURCEWELL, and Contractor
and agrees to the provisions of that contract which shall be applicable to a purchase order to be
issued by the City and further agrees to the fair and reasonableness of the pricing. Contractor
hereby agrees to provide such goods and/or services, pursuant to the City's purchase order made
during the term of this Agreement, under the same price(s), terms and conditions as found in the
solicitation documents, the response to the solicitation, and the Agreement/Contract and/or the
Award, pertinent copies of which are attached hereto as Attachment A and made a part hereof
by reference.
3. All references in the contract between SOURCEWELL. and Contractor, shall be
assumed to pertain to, and are binding upon Contractor and the City of South Miami. All
Thomas F. Pepe — 04-03-19
Page I of
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decisions that are to be made on behalf of SOURCEWELL, as set forth in the contract between
SOURCEWELL, and the Contractor, shall all be made by the City Manager for the City of
South Miami. Notwithstanding anything contained in the SOURCEWELL. RFP #05201.5 and
the contract between SOURCEWELL, and the Contractor to the contrary, this Agreement shall
be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation
shall be in Miami -Dade County, Florida.
4. Term. The term of the contract, including all extensions authorized by the
contract shall not exceed five years. The term of the SOURCWELL contract expires July 21,
2`
5. Scope of Goods and Services. The scope of goods and services (which may
hereinafter be referred to as the "Work") are set forth in the attached Attachment A and any
attachments thereto and the City's purchase order, the latter of which shall take precedence. The
Contractor has agreed to deliver the goods, if any, and perform the services, if any, in a workman
like manner and in accordance with all state, county and City laws, at the locations, if any,
designated by the City. All of the goods and services reflected in Attachment A shall, unless
otherwise stated in the Attachment A or B, be delivered, if good, and commenced, if services,
within N/A days from the date of the execution of this Agreement. The Contractor shall obtain
and pay for all permits required for the goods and services rendered, if any, with the exception of
permits fees charged by the City, said fees shall be waived.
6. Contract Price. The contract price for the good and services is set forth in
Attachment A or B. If not otherwise set forth in the contract between SOURCEWELL, and
the Contractor, the Contractor shall be paid upon delivery of all the goods, if any, the completion
of all the services, if any, and after final inspection and approval, by the City, that approves of
the goods delivered, if any, and the services performed, if any.
7. Precedence. The term, provisions and conditions of this Agreement shall take
precedence over the terms, provisions and conditions of the contract between Contractor and
SOURCEWELL.
8. Grant Funding: This project is being funded by N/A and Contractor agrees to
comply with all the requirements of that Grant, applicable to the delivery of the goods and/or
services that are the subject of this Agreement, and that are within its power to provide and to
provide all the documentation within its control that is required for the City to be able to recover
as much of the contract price that is available pursuant to the terms of the grant. A copy of the
grant, if any, is attached hereto and made a part hereof by reference.
9. Public Records: CONTRACTOR and all of its subcontractors are required to
comply with the public records law (s.l 19.0701) while providing goods and/or services on behalf
of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in
all of its subcontracts for this Project and shall: (a) Keep and maintain public records required
by the public agency to perform the service; (b) Upon request from the public agency's custodian
of public records, provide the public agency with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that does not exceed the cost
Thomas F. Pepe — 04-03-19
Page 2 of 7
2 of 78
provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the records to the public agency; and (d) Upon
completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency to
perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the contractor
keeps and maintains public records upon completion of the contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of public records,
in a format that is compatible with the information technology systems of the public agency. IF
THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 305-663-6340; E-mail: nuayneaa,southmiamifl.liov; 6130
Sunset Drive, South Miami, FL 33143.
10. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in State or Federal Court
proceedings in respect to any action, proceeding, or lawsuit arising out of the Contract
Documents or the performance of the Work thereunder or any counterclaim, cross -claim or third
party claim filed in the same proceeding.
11. Notices: Whenever notice shall be required or permitted herein, it shall be
delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or
certified mail with return receipt requested and shall be deemed delivered on the date shown on
the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the
date on the return receipt or the date shown as the date same was refused or unclaimed. If hand
delivered to the CITY, a copy must be stamped with the official CITY receipt stamp showing the
date of delivery, otherwise the document shall not be considered to have been hand delivered.
Notices shall be delivered to the following individuals or entities at the addresses (including e-
mail) or facsimile transmission numbers set forth below or in the introductory paragraph to this
contract:
To CITY: City Manager,
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 668-2510
Fax: (305) 663-6345
E-mail: salexander@southmiamifl.gov
With copies to: City Attorney
Thomas F. Pepe — 04-03-19
Page 3 of 7
3of78
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: Wepe@southmiamifl.gov
12. Validity of Executed Copies: This Agreement may be executed in several
counterparts, each of which may be construed as an original.
13. Attorneys' Fees and Costs: In the event of any litigation between the parties
arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear
its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be
indemnified for any attorney fees incurred in the defense of an action by a person or entity who
is not a party to this Agreement.
14. Indemnification: Notwithstanding anything contained in the contract between
Contractor and SOURCEWELL, to the contrary, the City does not waive its sovereign
immunity granted by Florida Statutes, Section 768.28, and the City's tort liability shall be limited
to the waiver of sovereign immunity provided for in Section 768.28.
15. Severability: If any term or provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to persons or
circumstances other than those to which it is held invalid or unenforceable, shall not be affected
thereby and each term and provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
IN WITNESS WHEREOF, and as the duly authorized act of the parties, the
undersigned representatives of the parties hereto have caused this instrument to be signed in their
respective names by their proper officials on or before the day and year first above written.
MULTIOUI P. INC:
By: Larry Savitz
a"S--
ok a,.laap Savft a -*A*;&* wK. w.
eMW6h"UftUWq e-us
Date: "19 8te1e41-0=
Lary Savitz, Director of Govemment Sales
(type name and title of signatory above)
Thomas F. Pepe — 04-03 -19
Page 4of7
4of78
ATTEST:
By: k k
Nkenga Pa ne, CIVIC
City Clerk
Thomas F. Pepe — 04-03-19
CITY OFSOUTHMIAMI
By: 2 a,,U
Steven Alexander
l0'' City Manager
Page 5 of 7
5 of 78
gality and Execution Thereof.
CONTRACT FOR PORTABLE CONSTRUCTION & MAINTENANCE EQUIPMENT &
TRAILERS WITH RELAED ACCESSORIES, ATTACHMENTS & SUPPLIES
ATTACHMENT A
RFP #052015
CONTRACT AWARD & FORMAL OFFERING OF PROPOSAL
EVALUATION & SELECTION FORM
BOARD MINUTES; APPROVAL OF AWARD RECOMMENDATION, DATED JULY
2192015
6 of 78
National Joint Powers Alliance® (herein NJPA)
REQUEST FOR PROPOSAL (herein RFP)
for the procurement of
PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND
TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND
SUPPLIES
RFP Opening
MAY 21, 2015
8:00 a.m. Central Time
At the offices of the
National Joint Powers Alliance®
202 12`s Street Northeast, Staples, MN 56479
RFP 4052015
The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which
includes all governmental, higher education, K-12 education, not -far -profit, tribal government, and all other public agencies
located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract
solution for the procurement of # 052015 PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND
TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES. Details of this RFP are available
beginning APRIL 10, 2015. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast,
P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until MAY 20, 2015 at
4:30 p.m. Central Time at the above address and opened MAY 21, 2015 at 8:00 a.m. Central Time.
RFP Timeline
APRIL 10, 2015
Publication of RFP in the print and online version of the Minneapolis Star
Tribune, in the print and online version of the USA Today, in the print and
online version of the Salt Lake News within the State of Utah, in the print
and online version of the Daitp Journal of Commerce within the State of
Oregon (note: OR entities this pertains to:
http://www.nipacoop.org/Oretton-advertisiniz), in the print and online
version of The State within the State of South Carolina, the NJPA website,
MERX, Noticetobidders.com, PublicPurchase.com, Biddingo, and Onvia.
May 6, 2015
Pre -Proposal Conference (the webcast/conference call. The connection information
10:00 a.m. Central Time
will be sent to all inquirers two business days before the conference).
May 13, 2015
Deadline for RFP questions.
MAY 20, 2015
Deadline for Submission of Proposals. Late responses will be
4:30 p.m. Central Time
returned unopened.
MAY 21, 2015
Public Opening of Proposals.
8:00 a.m. Central Time
Direct questions regarding this RFP to: Jonathan Yahn at ionathan.vahn(a)njRac000.org or (218)895-4144.
7 of 781
DEFINITIONS
A.
Contract
B.
Currency
C.
Exclusive Vendor
D.
FOB
E.
Hub Partner
F.
Proposer
G.
Request for Proposal
H.
Sourced Goods
I.
Time
J.
Total Cost of Acquisition
K.
Vendor
2. ADVERTISEMENT OFRFP\
3. INTRODUCTION
TABLE OF CONTENTS
L. Shipping Requesting Pricing Changes
A. About NJPA
B. Joint Exercise of Powers Laws
C. Why Respond to a National Cooperative
Procurement Contract
D. The Intent of This REP
E. Scope of This REP
F. Expectations for Equipment/Products
and Services Being Proposed
G. Solutions Based Solicitation
4. INSTRUCTIONS FOR PREPARING YOUR
PROPOSAL
A.
Inquiry Period
B.
Pre -Proposal Conference
C.
Identification of Key Personnel
D.
Proposer's Exceptions to Terms and
Conditions
E.
Proposal Format
F.
Questions & Answers About This REP
G.
Modification or Withdrawal of a
Submitted Proposal
H.
Proposal Opening Procedure
1.
NJPA's Rights Reserved
PRICING
A.
Line -Item Pricing
B.
Percentage Discount From Catalog or
Category
C.
Cost Plus a Percentage of Cost
D.
Hot List Pricing
E.
Ceiling Price
F.
Volume Price Discounts/
Additional Quantities
G.
Total Cost of Acquisition
H.
Sourced Equipment/Products/
Open Market Items
1.
Price and Product Changes
J.
Payment Terms
K.
Sales Tax
6. EVALUATION OF PROPOSALS
A.
Proposal Evaluation Process
B.
Proposer Responsiveness
C.
Proposal Evaluation Criteria
D.
Other Consideration
E.
Cost Comparison
F.
Marketing Plan
G.
Certificate Of Insurance
H.
Order Process and/or Funds Flow
1.
Administrative Fees
J.
Value Added
K.
Waiver of Formalities
7. POST AWARD OPERATING ISSUES
A.
Subsequent Agreements
B.
NJPA Member Sign-up Procedure
C.
Reporting of Sales Activity
D.
Audits
E.
Hub Partner
F.
Trade -Ins
G.
Out of Stock Notification
H.
Termination of a Contract resulting from
this REP
S. GENERAL TERMS AND CONDIITONS
A.
Advertising a Contract Resulting From
This REP
B.
Applicable Law
C.
Assignment of Contract
D.
List of Proposers
E.
Captions, Headings, and Illustrations
F.
Data Practices
G.
Entire Agreement
H.
Force Majeure
I.
Gratuities
J.
Hazardous Substances
K.
Licenses
L.
Material Suppliers and Sub -Contractors
M.
Non -Wavier of Rights
N.
Protests of Awards Made
O.
Suspension or Disbarment Status
P.
Affirmative Action and Immigration
Status Certification
Q.
Severability
R.
Relationship of Parties
9. FORMS
10. PRE -SUBMISSION
CHECKLIST
11. PRICE
& PRODUCT CHANGE REQUEST
FORM
12. APPENDIX A
8 of 782
I DEFINITIONS
A.CONTRACT
"Contract" as used herein shall consist of: this RFP, pricing, fully executed forms C, D, F & P from the
Proposer's response pursuant to this RFP, and a fully executed form E ("Acceptance and Award") with
final terms and conditions. Form E will be executed on or after award and will provide final clarification
of terms and conditions of the award.
& CURRENCY
All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in U.S.
dollars.
C. EXCLUSIVE VENDOR
A sole Vendor awarded in a product category. NJPA reserves the right to award to an Exclusive Vendor in
the event that such an award is in the best interests of NJPA Members nationally. A Proposer that exhibits
and demonstrates the ability to offer and execute an outstanding overall program, demonstrates the ability
and willingness to serve NJPA current and qualifying Members in all 50 states and comply with all other
requirements of this RFP, is preferred.
F0011119T.
FOB stands for "Freight On Board" and defines the point at which responsibility for loss and damage of
product/equipment purchased is transferred from Seller to Buyer. "FOB Destination" defines that transfer
of responsibility for loss is transferred from Seller to Buyer at the Buyer's designated delivery point. FOB
does not identify who is responsible for the costs of shipping. The responsibility for the costs of shipping
is addressed elsewhere in this document.
E. HUB PARTNER
An organization that a member requests to be served through with an Awarded Vendor for the purposes of
complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable
in their jurisdiction.
F.PROPOSER
A company, person, or entity delivering a timely response to this RFP.
G. REQUEST FOR PROPOSAL
Herein referred to as RFP.
H. SOURCED GOODS
A Sourced Good or Open Market Item is a product within the RFP's scope - generally deemed incidental
to the total transaction or purchase of contract items - which a member wants to buy under contract from
an Awarded Vendor that is not currently available under the Vendor's NJPA contract.
L TIME
Periods of time, stated as number of days, shall be in calendar days.
J. TOTAL COST OF ACQUISITION
The Total Cost of Acquisition for the equipment/products and related services being proposed is the cost
of the proposed equipment/products and related services delivered and operational for its intended purpose
in the end -user's location.
K. VENDOR
A Proposer whose response has been awarded a contract pursuant to this RFP.
9ot7e3
2 ADVERTISEMENT OF RFP
2_1 NJPA shall advertise this solicitation: 1) for two consecutive weeks in both the hard copy print and on-
line editions of the MINNEAPOLIS STAR TRIBUNE: 2) once each in Oregon's Daily Journal of
Commerce South Carolina's The State and Utah's Salt Lake Tribune: 3) on NJPA's website; 4) in the hard
copy print and online editions of the USA Today; and 5) on other third -party websites deemed appropriate
by NJPA. Other third party advertisers may include Onvia, PublicPurchase.com, MERX and Biddingo.
2_2 NJPA also notifies and provides solicitation documentation to each State level procurement departments
for possible re -posting of the solicitation within their systems and at their option for future use and to meet
specific state requirements.
A. ABOUT NJPA
3_I The National Joint Powers Alliance® (NJPA) is a public agency serving as a national municipal
contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute
§I23A.21 with the authority to develop and offer, among other services, cooperative procurement services
to its membership. Eligible membership and participation includes states, cities, counties, all government
agencies, both public and non-public educational agencies, colleges, universities and non-profit
organizations.
3_2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive
bidding and contracting process on behalf of the needs of itself and the needs of current and potential
member agencies nationally. This process results in national procurement contracts with various Vendors
of products/equipment and services which NJPA Member agencies desire to procure. These procurement
contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete
listing of NJPA cooperative procurement contracts can be found at www.nipacoop.org.
3_3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of
Directors. NJPA's Board of Directors calls for all proposals, awards all Contracts, and hosts those resulting
Contracts for the benefit of its own and its Members use.
3.3.1 Subject to Approval of the NJPA Board: NJPA contracts are awarded by the action
of NJPA Board of Directors. This action is based on the open and competitive bidding process
facilitated by NJPA. The evaluation and resulting recommendation is presented to the Board of
Directors by the NJPA Proposal Evaluation Committee.
3_4 NJPA currently serves over 50,000 member agencies nationally. Both membership and utilization of
NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing
throughout the government and education communities nationally.
B. JOINT EXERCISE OF POWERS LAWS
3_5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise
of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other States and
Canadian Provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which
states "Two or more governmental units ... mayjointly or cooperatively exercise any power common to
the contracting parties..." This Minnesota Statute allows NJPA to serve Member agencies located in
all other states. Municipal agencies nationally have the ability to participate in cooperative purchasing
activities as a result of specific laws of their own state. These laws can be found on our website at
http://www.niyacoot).orp/national-cooperative-contract-solutions/legal-authority/.
10 of 784
C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT
3_6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well
as for Vendors of products/equipment and services in a variety of ways:
3.6.1 National cooperative contracts potentially save the time and effort of Municipal and Public
Agencies who would have been otherwise charged with soliciting vendor responses to individual
RFP's, resulting in individual contracts, to meet the procurement needs of their respective
agencies. Considerable time and effort is also potentially saved by the Vendors who would have
had to otherwise respond to each of those individual RFPs. A single, nationally advertised RFP,
resulting in a single, national cooperative contract can potentially replace thousands of individual
RFPs for the same equipment/products/services that might have been otherwise advertised by
individual NJPA member agencies.
3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our
contract terms and conditions offer the opportunity for Vendors to recognize individual member
procurement volume commitment through additional volume based contract discounts.
3_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that
cooperative efficiencies will result in lower prices, better overall value, and considerable time savings.
3_8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the
opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA
Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and
justified.
3_9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price.
Vendors have the opportunity to display and highlight value added attributes of their company,
equipment/products and services without constraints of a typical individual proposal process.
D. THE INTENT OF THIS RFP
3.10. National contract awarded by the NJPA Board of Directors: NJPA seeks the most responsive
and responsible Vendor relationship(s) to reflect the best interests of NJPA and its Member agencies.
Through a competitive proposal and evaluation process, the NJPA Proposal Evaluation Committee
reviews and recommends vendors for to award a national contract by the action of the NJPA Board of
Directors. NJPA's primary intent is to establish and provide a national cooperative procurement contract
which offer opportunities for NJPA and our Member agencies to procure quality product/equipment and
services as desired and needed. The contracts will be marketed nationally through a cooperative effort
between the awarded vendor(s) and NJPA. Contracts are expected to offer price levels reflective of the
potential and collective volume of NJPA and the nationally established NJPA membership base.
3.11 Beyond our primary intent, NJPA further desires to:
3.11.1 Award a four year term contract with a fifth year contract option resulting from this RFP;
3.11.2 Offer and apply any applicable technological advances throughout the term of a contract
resulting from this RFP
3.11.3 Deliver "Value Added" aspects of the company, equipment/products and services as
defined in the "Proposer's Response";
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3.11.4 Deliver wide spectrums of solutions to meet the needs and requirement of NJPA and NJPA
Member agencies.
3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is
deemed to be in the best interest of NJPA and the NJPA Member agencies
3.12 Exclusive or Multiple Awards: Based on the goals and scope of this RFP, NJPA is requesting
responders to demonstrate their ability to serve the needs of NJPA's national membership. It is NJPA's
intent and desire to award a contract to a single exclusive Vendor to serve our membership's needs. To
meet the goals of this RFP, NJPA reserves the right to award a Contract to multiple Proposers where the
result justifies a multiple award and multiple contracts are deemed to be in the best interests of NJPA
Member agencies.
3.13 Non -Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to a
non -manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members.
3.14 Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the response
received will be evaluated on the basis of a response made in conjunction with that Manufacturer's
authorized Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor Proposer is
assumed to have a documented relationship with their Dealer Network where that Dealer Network is
informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on
behalf of the Manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub-
contractor of the ProposerNendor. The relationship between the Manufacturer and wholesale distributor
Proposer and its Dealer Network may be proposed at the time of the proposed submission if that fact is
properly identified.
3.15 Dealer/Re-seller as a Proposer: If the Proposer is a dealer or re -seller of the products and/or services
being proposed, the response will be evaluated based on the Proposer's authorization to provide those
products and services from their manufacturer. Where appropriate, Proposers must document their
authority to offer those products and/or services.
E. SCOPE OF THIS RFP
3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer,
provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through
our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and
responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest
valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its
Member agencies nationally within the scope of PORTABLE CONSTRUCTION AND MAINTENANCE
EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND
SUPPLIES.
3.17 Additional Scope Definitions: For purposes of the scope of this solicitation:
3.17.1 In addition to PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT
AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES, this
solicitation should be read to include, but not to be limited to:
3.17.1.1 Trailers; hand-held power or pneumatic tools that may be transported a short
distance by hand with reasonable effort; hand-held or push/pull landscape equipment;
portable air compressors; light towers; generators; welders; pressure washers; portable sign
boards; portable traffic signals; road barricades and signs; aerial lift equipment; portable
pumps; concrete mixers; and trench safety equipment.
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3.17.2 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and
potential NJPA member agencies.
3.17.2.1 This solicitation should not be construed to include sewer vacuums, street
sweepers, hydro -excavators, bucket trucks, agricultural tractors, wheel or track loaders,
motor graders, excavators, backhoes, bull dozers, scrapers, skid steers, tele-handlers,
cranes, paving machines, screeds, pavement milling machines, derrick diggers.
3.17.2.2 This solicitation should not be construed to include more than an incidental
quantity of mowers.
3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/
products/services submitted as a part of your response, and whether inclusion of such will fall within a
"Scope of Proposal," please consider the validity of an inverse statement.
3.18.1 For example, pencils and post -it -notes can generally be classified as office supplies and
office supplies generally include pencils and post -it -notes.
3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies;
however, the scope of office supplies does not generally include computer servers and
infrastructure.
3.18.3 In conclusion: With this in mind, individual products and services must be examined
individually by NJPA, from time to time and in its sole discretion, to determine their
compliance and fall within the original "Scope" as intended by NJPA.
3.19 Best and Most Responsive — Responsible Proposer: It is the intent of NJPA to award a Contract to
the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of
equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA
Members, provided the Proposer's Response has been submitted in accordance with the requirements of
this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements
of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry
standards, laws and regulations; and possess the willingness and ability to distribute, market to and service
NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as
it applies and relates to the scope of this RFP.
3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with
accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law.
Awards may be made to responsible and responsive Proposers whose proposals are determined in writing
to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies.
3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding
that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to
obtain like equipment/products and services solely from this contract or from another contract source of
their choice or from a contract resulting from their own procurement process.
3.22 Awarded Vendor's interest in a contract resulting from this RFP: Awarded Vendors will be able
to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services
specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as "contract
compliant," products/equipment and services which are not specifically identified and priced in their NJPA
Awarded Contract.
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3.23 Sole Source of Responsibility- NJPA desires a "Sole Source of Responsibility" Vendor. This means
the Vendor will take sole responsibility for the performance of delivered equipment/products/ services.
NJPA also desires sole responsibility with regard to:
3.23.1 Scope of Equipment/Products/Services: NJPA desires a provider for the broadest possible
scope of products/equipment and services being proposed over the largest possible geographic area
and to the largest possible cross-section of NJPA current and potential Members.
3.23.2 Vendor use of sub -contractors in sourcing or delivering equipment/product/services: NJPA
desires a single source of responsibility for equipment/products and services proposed. Proposers are
assumed to have sub -contractor relationships with all organizations and individuals whom are external to
the Proposer and are involved in providing or delivering the equipment/products/services being proposed.
Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub -
Contractor. Suggested Solutions Options include:
3.24.1 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could
include:
3.24.1.1 Equipment/Products Only Solution: Equipment/Products Only Solution may
be appropriate for situations where NJPA or NJPA Members possess the ability, either in-
house or through local third party contractors, to properly install and bring to operation
those equipment/products being proposed.
3.24.1.2 Turn -Key Solutions: A Turn -Key Solution is a combination of
equipment/products and services which provides a single price for equipment/products,
delivery, and installation to a properly operating status. Generally this is the most desirable
solution as NJPA and NJPA Members may not possess, or desire to engage, personnel with
the necessary expertise to complete these tasks internally or through other independent
contractors
3.24.1.3 Good, Better, Best: Where appropriate and properly identified, Proposers are
invited to offer the CHOICE of good — better — best multiple grade solutions to NJPA and
NJPA Members' needs.
3.24.1.4 Proven — Accepted — Leading Edge Technology: Where appropriate and
properly identified, Proposers are invited to provide an appropriate identified spectrum of
technology solutions to compliment or enhance the functionality of the proposed solutions
to NJPA and NJPA Members' needs both now and into the future.
3.24.2 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting
the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers
submit their complete product line of products and services described in the scope of this RFP.
NJPA reserves the right to reject individual, or groupings of specific equipment/products and
services proposals as a part of the award.
3.25 Geographic Area to be Proposed: This RFP invites proposals to provide PORTABLE
CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED
ACCESSORIES, ATTACHMENTS AND SUPPLIES to NJPA and NJPA Members throughout the entire
United States and possibly internationally. Proposers will be expected to express willingness to explore
service to NJPA Members located abroad; however the lack of ability to serve Members outside of the
United States will not be cause for non -award. The ability and willingness to serve Canada, for instance,
will be viewed as a value-added attribute.
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3.26 Contract Term: At NJPA's option a contract resulting from this RFP will become effective either
the date awarded by the NJPA Board of Directors or the day following the expiration date of an existing
NJPA procurement contract for the same or similar product/equipment and services.
3.26.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting
Law. Full term is expected. However, one additional one-year renewal/extension may be offered
by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best
interests of NJPA and its Members. NJPA reserves the right to conduct periodic business reviews
throughout the term of the contract.
3.27 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and
subsequent award; however, no commitment of any kind is made concerning actual quantities to be
acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members
and the value of the awarded contract.
3.28 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage by
NJPA and NJPA Member agencies nationally.
3.29 Contract Availability: This Contract must be available to all current and potential NJPA Members
who choose to utilize this NJPA Contract to include all governmental and public agencies, public and
private primary and secondary education agencies, and all non-profit organizations nationally.
3.30 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal
thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days
after the date proposals were opened regarding this RFP.
F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED
3.31 Industry Standards: Except as contained herein, the specifications or solutions for this RFP
shall be those accepted guidelines set forth by the PORTABLE CONSTRUCTION AND MAINTENANCE
EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES
industry, as they are generally understood and accepted within that industry across the nation. Submitted
products/equipment, related services, and their warranties and assurances are required to meet and/or
exceed all current, traditional and anticipated needs and requirements of NJPA and its Members.
3.31.1 Deviations from industry standards must be identified by the Proposer and
explained how, in their opinion, the equipment/products and services they propose will render
equivalent functionality, coverage, performance, and/or related services. Failure to detail all such
deviations may comprise sufficient grounds for rejection of the entire proposal.
3.31.2 Technical Descriptions/Specifications. Excessive technical descriptions and specifications
which, in the opinion of NJPA unduly enlarge the proposal response may reduce evaluation points
awarded on Form G. Proposers must supply sufficient information to:
3.31.2.1 demonstrate the Proposer's knowledge of industry standards;
3.31.2.2 identify the equipment/products and services being proposed; and
3.31.2.3 differentiate equipment/products and services from others.
3.32 New Current Model Equipment/Products: Proposals submitted shall be for new, current model
equipment/products and services with the exception of certain close-out products allowed to be offered on
the Proposer's "Hot List" described herein.
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3.33 Compliance with laws and standards: All items supplied on this Contract shall comply with any
current applicable safety or regulatory standards or codes.
3.34 Delivered and operational: Products/equipment offered herein are to be proposed based upon being
delivered and operational at the NJPA Member's site. Exceptions to "delivered and operational" must be
explicitly disclosed in the "Total Cost of Acquisition" section of your proposal response.
3.35 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under
this Contract shall be covered by the industry standard or better warranty. All products and equipment
should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The
Proposer has the primary responsibility to submit product specific warranty as required and accepted by
industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over
warranty's terms with the manufacturer. Any manufacturer's warranty which is effective past the expiration
of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result
in non -award.
3.36 Additional Warrants: The Proposer warrants all products/equipment and related services furnished
hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and
will conform in all respects to the terms of this RFP including any specifications or standards. In addition,
ProposerNendor warrants the products/equipment and related services are suitable for and will perform in
accordance with the ordinary use for which they are intended.
G. SOLUTIONS BASED SOLICITATION
3.37 NJPA solicitations and contract process will not offer specific specifications for proposers to meet or
base your response on. This RFP is a "Solutions Based Solicitation." This means the proposers are asked
to understand and anticipate the current and future needs of NJPA and the nationally located NJPA
membership base, within the scope of this RFP, and including specifications commonly desired or required
by law or industry standards. Your proposal will be evaluated in part on your demonstrated ability to meet
or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this
RFP.
3.38 NJPA does not typically provide product and service specifications; rather NJPA is requesting an
industry standard or accepted specification for the requested product/equipment and services. Where
specific line items are specified, those line items should be considered the minimum which can be expanded
by the Proposer to deliver the Proposer's "Solution" to NJPA and NJPA Members' needs.
INSTRUCTIONS FOR PREPARING YOUR PROPOSAL
A. INQUIRY PERIOD
4_1 The inquiry period shall begin at the date of first advertisement and continue to the "Deadline for
Requests." RFP packages shall be distributed to Potential Bidders during the inquiry period. The purpose
for the defined "Inquiry Period" is to ensure proposers have enough time to complete and deliver the
proposal to our office.
B. PRE -PROPOSAL CONFERENCE
4_2 A non -mandatory pre -proposal conference will be held at the date and time specified in the time line on
page one of this RFP. Conference call and web connection information will be sent to all Potential Proposers
through the same means employed in their inquiry. The purpose of this conference call is to allow Potential
Proposers to ask questions regarding this RFP and hear answers to their own questions and the questions of
other Potential Proposers. Only answers issued in writing by NJPA to questions asked before or during the
Pre -proposal Conference shall be considered binding.
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C. IDENTIFICATION OF KEY PERSONNEL
4_3 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA. This
contact person will correspond with members for technical assistance, questions or problems that may arise
including instructions regarding different contacts for different geographical areas as needed.
4_4 Individuals should also be identified (if applicable) as the primary contacts for the contents of this
proposal, marketing, sales, and any other area deemed essential by the Proposer.
D. PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS
4_5 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions contained
herein must be documented on Form C.
4_6 Exceptions, deviations or contingencies stipulated in Proposer's Response, while possibly necessary in
the view of the Proposer, may result in disqualification of a Proposal Response.
E. PROPOSAL FORMAT
4_7 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any
item or requirement that may not be clear and to check all responses for accuracy before submitting a
Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for
submission of proposals.
4_8 All proposals must be properly labeled and sent to "The National Joint Powers Alliance®, 202 12th ST
NE Staples, MN 56479."
4_9 Format for proposal response: All proposals must be physically delivered to NJPA at the above
address in the following form and with all required hard copy documents and signature forms/pages inserted
as loose pages at the front of the Vendor's response:
4.9.1 Hard copy original signed, completed, and dated forms C, D, F and hard copy signed signature
page only from forms A and P from this RFP;
4.9.2 Hard copies of all addenda issued for the RFP with original counter signed by the Proposer;
4.9.3 Hardy copy of Certificate of Insurance verifying the coverage identified in this RFP; and
4.9.4 A complete copy of your response on a CD (Compact Disc) or flash drive. The copy shall
contain completed Forms A, B, C, D, F & P, your statement of products and pricing (including
apparent discount) together with all appropriate attachments. Everything you send with your hard
copy should also be included in the electronic copy. As a public agency, NJPA proposals, responses
and awarded contracts are a matter of public record, except for that data included in the proposals,
responses and awarded contracts that is classified as nonpublic; thus, pursuant to statute, NJPA
policies and RFP terms and conditions, all documentation, except for that data which is nonpublic
is available for review by the public through a public records request. If you wish to request that
certain information that falls within Minnesota Statute § 13.37 be redacted, such request must be
made within thirty -days of award/non-award.
4.10 All Proposal forms must be submitted in English and be legible. All appropriate forms must be
executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures.
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4.11 Proposal submissions should be submitted using the electronic forms provided. If a Proposer chooses
to use alternative documents for their response, the Proposer will be responsible for ensuring the content is
effectively equal to the NJPA form and the document is in a format readable by NJPA.
4.12 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical possession
of NJPA on or prior to the deadline for submission of proposals.
4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and
prominently identifying the proposal number, proposal category name, the message "Hold for
Proposal Opening", and the deadline for proposal submission. NJPA cannot be responsible for
late receipt of proposals. Proposals received by the correct deadline for proposal submission will
be opened and the name of each Proposer and other appropriate information will be publicly read.
4.13 Corrections, erasures, and interlineations on a Proposer's Response must be initialed by the authorized
signer in original ink on all copies to be considered.
4.14 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this
RFP.
4.14.1 Proposer's are responsible for checking directly with the NJPA website for addendums to
this RFP.
4.14.2 Addendums to this RFP can change terms and conditions of the RFP including the deadline
for submission of proposals.
F. QUESTIONS AND ANSWERS ABOUT THIS RFP
4.15 Upon examination of this RFP document, Proposer shall promptly notify NJPA of any ambiguity,
inconsistency, or error they may discover. Interpretations, corrections and changes to this RFP will be
made by NJPA through addendum. Interpretations, corrections, or changes made in any other manner will
not be binding and Proposer shall not rely upon such.
4.16 Submit all questions about this RFP, in writing, referencing PORTABLE CONSTRUCTION AND
MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES,
ATTACHMENTS AND SUPPLIES to Jonathan Yahn, NJPA 202 12th Street NE, Staples, MN 56479 or
RFP@njpacoop.org. Those not having access to the Internet may call Jonathan Yahn at (218) 895-4144.
Requests for additional information or interpretation of instructions to Proposers or technical specifications
shall also be addressed to Jonathan Yahn. NJPA urges Potential Proposers to communicate all concerns
well in advance of the deadline to avoid misunderstandings. Questions received less than seven (7) days
ending at 4:00 p.m. Central Time of the seventh (7s) calendar day prior to proposal due -date cannot be
answered; however, communications permitted include: NJPA issued addenda or potential Vendor
withdrawal of their response prior to RFP submission deadline.
4.17 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers
or the RFP itself, the answer to the question will become an addendum to this RFP.
4.18 If the answer to a question is deemed by NJPA to be a clarification of existing terms and conditions
and does not have a material impact on other potential proposers or the RFP itself, no further documentation
of that question is required.
4.19 As used in this solicitation, clarification means communication with a Potential Proposer for the sole
purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the RFP.
4.20 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued
by NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers using the
same method of delivery of the original RFP material. NJPA accepts no liability in connection with the
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delivery of said materials. Copies of addenda will also be made available on the NJPA website at
www.nipacoomore by clicking on "Current and Pending Solicitations" and from the NJPA offices. No
questions will be accepted by NJPA later than seven (7) days prior to the deadline for receipt of proposals,
except Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all addenda
issued, and the Proposer shall acknowledge their receipt in its Proposal Response.
4.21 An amendment to a submitted proposal must be in writing and delivered to NJPA no later than the
time specified for opening of all proposals.
G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL
4.22 A submitted proposal may not be modified, withdrawn or cancelled by the Proposer for a period of
ninety (90) days following the date proposals were opened. Prior to the deadline for submission of
proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Contracts and
Compliance Manager. Such notice shall be submitted in writing and include the signature of the Proposer
and shall be delivered to NJPA prior to the deadline for submission of proposals and it shall be so worded
as not to reveal the content of the original proposal. However, the original proposal shall not be physically
returned to the Potential Proposer until after the official proposal opening. Withdrawn proposals may be
resubmitted up to the time designated for the receipt of the proposals if they are then fully in conformance
with the Instructions to Proposer.
4.23 Examples of Value Added Attributes: Value -Added attributes, products and services are items
offered in addition to the products and services being proposed which adds value to those items being
proposed. The availability of a contract for maintenance or service after the initial sale, installation, and
set-up may, for instance, be "Value Added Services" for products where a typical buyer may not have the
ability to perform these functions. The opportunity to indicate value added dimensions and such
advancements will be available in the Proposer's Questionnaire and Proposer's product and service
submittal.
4.24 Value added equipment/products and services and expanded services, as they relate to this RFP, will
be given positive consideration in the award selection. Consideration will be given to an expanded selection
of PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH
RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES and advances to provide
equipment/products/services or supplies meeting and/or exceeding today's industry standards and
expectations. A value add would include a program or service that further serves the members needs above
and possibly beyond standard expectation and complements the equipment/products/services and training.
Value added could include areas of equipment, product and service, sales, ordering, delivery, performance,
maintenance, technology, and service that furthers the functionality and effectiveness of the procurement
process while remaining within the scope of this RFP.
4.25 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the
policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the process
to purchase equipment/products and related services. Vendors should document WMBE status for their
organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the
activities invited. The ability of a Proposer to provide "Credits" to NJPA and NJPA Members in these
subject areas, either individually or through related entities involved in the transaction, will be evaluated
positively by NJPA and reflected in the "value added" area of the evaluation. NJPA is committed to
facilitating the realization of such "Credits" through certain structuring techniques for transactions resulting
from this RFP.
4.26 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA
Members to consider the environmental impact of the equipment/products and related services they
purchase. "Green" characteristics demonstrated by responding companies will be evaluated positively by
NJPA and reflected in the "value added" area of the evaluation. Please identify any Green characteristics
of the equipment/products and related services in your proposal and identify the sanctioning body
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determining that characteristic. Where appropriate, please indicate which products have been certified as
"green" and by which certifying agency.
4.27 On -Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed as
a value-added characteristic. Proposer shall include documentation about user interfaces that make on-line
ordering easy for NJPA Members as well as the ability to punch -out from mainstream e-Procurement or
Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize.
4.28 Financing: The ability of the Proposer to provide financing options for the products and services being
proposed will be viewed as a Value Added Attribute.
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4.29 Sealed and properly identified Proposer's Responses for this RFP entitled PORTABLE
CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED
ACCESSORIES, ATTACHMENTS AND SUPPLIES will be received by Jonathan Yahn, Contracts and
Compliance Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline for
receipt of, and proposal opening identified on page one of this RFP. We document the receipt by using
an atomic clock; an NJPA employee electronically time and date stamps all Proposals immediately
upon receipt. The NJPA Director of Contracts and Marketing, or Representative from the NJPA Proposal
Evaluation Committee, will then read the Proposer's names aloud. A summary of the responses to this RFP
will be made available for public inspection in the NJPA office in Staples, MN. A letter or e-mail request
is required to receive a complete RFP package. Send or communicate all requests to the attention of
Jonathan Yahn 202 12th Street Northeast Staples, MN 56479 or RFP@njpacoop.org to receive a complete
copy of this RFP. Method of delivery needs to be indicated in the request; an email address is required for
electronic transmission. Oral, facsimile, telephone or telegraphic Proposal Submissions or requests for this
RFP are invalid and will not receive consideration. All Proposal Responses must be submitted in a sealed
package. The outside of the package shall plainly identify PORTABLE CONSTRUCTION AND
MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES,
ATTACHMENTS AND SUPPLIES. To avoid premature opening, it is the responsibility of the Proposer
to label the Proposal Response properly.
NJPA'S RIGHTS RESERVED
4.30.1 Reject any and all Proposals received in response to this RFP;
4.30.2 Disqualify any Proposer whose conduct or Proposal fails to conform to the requirements of this
RFP;
4.30.3 Have unlimited rights to duplicate all materials submitted for purposes of RFP evaluation, and
duplicate all public information in response to data requests regarding the Proposal;
4.30.4 Consider a late modification of a Proposal if the Proposal itself was submitted on time and if the
modifications were requested by NJPA and the modifications make the terms of the Proposal more
favorable to NJPA, and accept such Proposal as modified;
4.30.5 At its sole discretion, reserve the right to waive any non -material deviations from the requirements
and procedures of this RFP;
4.30.6 Extend the Contract, in increments determined by NJPA, not to exceed a total contract term of five
years; and
4.30.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to NJPA
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4.30.8 Correct or amend the RFP at any time with no cost or penalty to NJPA. If NJPA should correct or
amend any segment of the RFP after submission of Proposals and prior to announcement of the
Awarded Vendor, all Proposers will be afforded ample opportunity to revise their Proposal to
accommodate the RFP amendment and the dates for submission of revised Proposals announced at that
time. NJPA will not be liable for any errors in the RFP or other responses related to the RFP.
4.30.9 Extend proposal due dates.
5 PRICING
5_1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of
equipment/products and services and at prices lower and better value than what they would ordinarily offer
to single government agency, larger school district, or regional cooperative.
5_2 RFP is an Indefinite Quantity Equipment/Products and Related Service Price and Program Request with
potential national sales distribution and service. If Proposer's solution requires additional supporting
documentation, describe where it can be found in your submission. If Proposer offers the solution in an
alternative fashion, describe your solution to be easily understood. All pricing must be copied on a CD or
thumb drive along with other requested information as a part of a Proposer's Response.
5_3 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with any
purchase option of the equipment/products and services and being supplied must always be disclosed at the
time of purchase.
5_4 All Proposers will be required to submit "Primary Pricing" in the form of either "Line -Item Pricing,"
or "Percentage Discount from Catalog Pricing," or a combination of these pricing strategies. Proposers are
also encouraged to offer OPTIONAL pricing strategies such as but not limited to "Hot List," "Sourced
Product/Equipment" and "Volume Discounts," as well as financing options such as leasing. All pricing
documents should include an effective date, preferably in the top right comer of the first page of each
pricing document.
A. LINE -ITEM PRICING
5_5 A pricing format where specific individual products and/or services are offered at specific individual
Contract prices. Products/equipment and/or related services are individually priced and described by
characteristics such as manufacture name, stock or part number, size, or functionality. This method of
pricing offers the least amount of confusion as products/equipment and prices are individually identified
however, Proposers with a large number of products/equipment to propose may find this method
cumbersome. In these situations, a percentage discount from catalog or category pricing model may make
more sense and increase the clarity of the contract pricing format.
5_6 All Line -Item Pricing items must be numbered, organized, sectioned, including SKU's (when
applicable) and easily understood by the Evaluation Committee and members.
5_7 Submit Line -Item Pricing items in an Excel spreadsheet format and include all appropriate identification
information necessary to discern the line item from other line items in each Responder's proposal.
5_8 The purpose for a searchable excel spreadsheet format for Line -Item Pricing is to be able to quickly
find any particular item of interest. For that reason, Proposers are responsible for providing the appropriate
product and service identification information along with the pricing information which is typically found
on an invoice or price quote for such products/equipment and related services.
5_9 All products/equipment and related services typically appearing on an invoice or price quote must be
individually priced and identified on the line -item price sheet, including any and all ancillary costs.
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5.10 Proposers are asked to provide both a published "List" price as well as a "Proposed Contract Price" in
their pricing matrix. Published List price will be the standard "quantity of one" price currently available to
government and educational customers excluding cooperative and volume discounts.
B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY
5.11 A specific percentage discount from a Catalog or List price" defined as a published Manufacturer's
Suggested Retail Price (MSRP) for the products/equipment or related services being proposed.
5.12 Individualized percentage discounts can be applied to any number of defined product groupings.
5.13 A Percentage Discount from MSRP may be applied to all elements identified in MSRP including all
Manufacturer Options applicable to the equipment/products or related services.
5.14 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be
responsible for providing and maintaining current published MSRP with NJPA and must be included in
their proposal and provided throughout the term of any Contract resulting from this RFP.
C. COST PLUS A PERCENTAGE OF COST
5.15 Cost plus a percentage of cost as a primary pricing mechanism is not desirable.
D. HOT LIST PRICING
5.16 Where applicable, a Vendor may opt to offer a specific selection of products/services, defined as Hot
List pricing at greater discounts or related advantages than those listed in the standard Contract pricing. All
product/service pricing, including the Hot List Pricing, must be submitted electronically provided in Excel
format. Hot List pricing must be submitted in a Line -Item format. Equipment/products and related services
may be added or removed from the "Hot List" at any time through an NJPA Price and Product Change
Form.
5.17 Hot List program and pricing when applicable may also be used to discount and liquidate close-out
and discontinued equipment/products and related services as long as those close-out and discontinued items
are clearly labeled as such. Current ordering process and administrative fees apply. This option must be
published and made available to all NJPA Members.
E. CEILING PRICE
5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed
equipment/products and related services be offered pursuant to this Contract at prices above this ceiling
price without request and approval by NJPA. Contract prices may be reduced to allow for volume
considerations and commitments and to meet the specific and unique needs of an NJPA Member.
5.19 Allowable specific needs may include competitive situations, certain purchase volume commitments
or the creation of custom programs based on the individual needs of NJPA Members.
F. VOLUME PRICE DISCOUNTS / ADDITIONAL QUANTITIES
5.20 Proposers are free to offer volume commitment discounts from the contract pricing documented in a
Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and
individual NJPA Members on a case -by -case basis.
5.21 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA
Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced price
offered or delivered to another NJPA Member provided the same or similar volume commitment, specific
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needs, terms, and conditions, a similar time frame, seasonal considerations, locations, competitively
situations and provided the same manufacturer support is available to the Vendor.
5.22 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or
substantially similar characteristics such as purchase volume commitments, and timing including the
availability of special pricing from the Vendor's suppliers.
5.23 The contract awarded vendor will accept orders for additional quantities at the same prices, terms and
conditions, providing the NJPA Member exercises the option before a specific date, mutually agreed upon
between member and contract awarded vendor at time of original purchase order. Any extension(s) of
pricing beyond the specific date shall be upon mutual consent between the NJPA Member and the contract
awarded vendor.
G. TOTAL COST OF ACQUISITION
5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed,
including those payable by NJPA Members to either the Proposer or a third party is the cost of the proposed
equipment/products product/equipment and related services delivered and operational for its intended
purpose in the end -user's location. For example, if you are proposing equipment/products FOB Proposer's
dock., your proposal should identify your deviation from the "Total Cost of Acquisition" of contracted
equipment/products. The Proposal should reflect that the "contract does not provide for delivery beyond
Proposer's dock, nor any set-up activities or costs associated with those delivery or set-up activities." In
contrast, proposed terms including all costs for product/equipment and services delivered and operational
at to the end -user's location would require a disclosure of "None."
H. SOURCED PRODUCT/EQUIPMENT / OPEN MARKET ITEMS
5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that
is not currently available under the Vendor's NJPA contract. This method of procurement can be satisfied
through a contract sourcing process. Sourcing options serve to provide a more complete contract solution
to meet our members' needs. Sourced items are generally deemed incidental to the total transaction or
purchase of contract items.
5.26 NJPA or NJPA Members may request product/equipment and/or related services that are within the
related scope of this RFP, which are not included in an awarded Vendor's line -item product/equipment and
related service list or catalog. These items are known as Sourced Product/Equipment or Open Market Items.
5.27 An awarded Vendor resulting from this RFP may "Source" equipment/products and related services
Tor NJPA or an NJPA Member to the extent they:
5.27.1 Identify all such equipment, products and services as "Sourced Products/Equipment " or
"Open Market Items" on any quotation issued in reference to an NJPA awarded contract, and
provided to either NJPA or an NJPA Member; and
5.27.2 Follow all applicable acquisition regulations pertaining to the purchase of such equipment,
products and services, as defined by NJPA or NJPA Member receiving quotation from Vendor; and
5.27.3 Ensure NJPA or the NJPA Member has determined the prices as quoted by the Vendor for
such equipment, products and services are deemed to be fair and reasonable and are acceptable to
the member/buyer; and
5.27.4 Identify all product/equipment sourced as a part of an NJPA contract purchase with all
required NJPA reporting and fees applying.
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5.28 Cost plus a percentage is an option in pricing of sourced goods.
1. PRODUCT & PRICE CHANGES
5.29 Requests for equipment/products or service changes, additions or deletions will be allowed at any time
throughout the awarded contract term. All requests must be made in written format by completing the
NJPA Price and Product Change Request Form (located at the end of this RFP and on the NJPA website)
and signature of an authorized Vendor employee. All changes are subject to review and approval by the
NJPA Contracts & Compliance Manager, signed in acceptance by the NJPA Executive Director and
acknowledged by the NJPA Contract Council. Submit request via email to your Contract Manager and
PandP@njpacoop.org.
5.30 NJPA's due diligence in analyzing any request for change is to determine if approval of the request is:
1) within the scope of the original RFP and 2) in the "Best Interests of NJPA and NJPA Members." A
signed Price and Product Change form will be returned to vendor contact via email.
5.31 Vendor must complete this change request form and individually list or attach all items or services
subject to change, provide sufficiently detailed explanation and documentation for the change, and include
a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document
must identify all equipment/products and services being offered and must conform to the following NJPA
product/price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for
example, "COMPANY 012411-CPY eff 02-12-2013."
5.32 New pricing restatement must include all equipment/products and services offered regardless of
whether their prices have changed and include a new "effective date" on the pricing documents. This
requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a
historical record of pricing.
5.33 ADDITIONS. New equipment/products and related services may be added to a contract if such
additions are within the scope of the RFP. New equipment/products and related services may be added to a
Contract resulting from this RFP at any time during that Contract to the extent those equipment/products
and related services are within the scope of this RFP. Those requests are subject to review and approval of
NJPA. Allowable new equipment/products and related services generally include new updated models of
equipment/products and related services and or enhanced services previously offered which could reflect
new technology and improved functionality.
5.34 DELETIONS. New equipment/products and related services may be deleted from a contract if an item
or service is no longer available and thus not relevant to the contract; for example, discontinued, improved,
etc.
5.35 PRICE CHANGES: Request prices changes in general terms along with the justification by product
category for the change; for example, a 3% increase in XYZ Product Line is due to a 3% increase in
petroleum, or this list of SKUs/ product descriptions is increasing X% due to X% increase in cost of raw
materials.
5.35.1 Price decreases: NJPA expects Vendors to propose their very best prices and anticipates
price reductions are due to advancement of technologies and market place efficiencies.
5.35.2 Price increases: Typical acceptable increase requests include increases to Vendor input
costs such as petroleum or other applicable commodities, increases in product utility of new
compared to old equipment/product or service, etc. Vendor must include reasonable documentation
for the claims cited in their request along with detailed justification for why the increase is needed.
Special details for price changes must be included with the request along with both current and
proposed pricing. Appropriate documentation should be attached to this form, including letters
from suppliers announcing price increases. Price increases will not exceed industry standard.
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5.36 Submit the following documentation to request a pricing change:
5.36.1 Signed NJPA Price and Product Change Form
5.36.2 Single Statement of Pricing Excel spreadsheet identifying all equipment/products and
services being offered and their pricing. Each complete pricing list will be identified by its
"Effective Date." Each successive price listing identified by its "Effective Date" will create a
"Product and Price History" for the Contract. Each subsequent pricing update will be saved using
the naming convention of "(Vendor Name) pricing effective XX/XX/)OIXX."
5.36.2.1 Include all equipment/products and services regardless of whether their prices
have changed. By observing this convention we will:
5.36.2.1.1 Reduce confusion by providing a single, easy to find, current pricing
sheet for each Vendor.
5.36.2.1.2 Create a historical record of pricing.
5.37 NJPA reserves the right to review additional catalogs being proposed as additions or replacements to
determine if the represented products and services reflect and relate to the scope of this RFP. Each new
catalog received may have the effect of adding new product offerings and deleting products no longer
carried by the Vendor. New catalogs shall apply to the Contract only upon approval of the NJPA. Non -
approved use of catalogs may result in termination for convenience. New price lists or catalogs found to
be offering non -contract items during the Contract may be grounds for terminating the Contract for
convenience.
5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also
request the addition of new manufacturers or product lines to their Contract to the extent they remain within
the scope of this RFP.
5.39 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product
groupings or to separately list product and service pricing as they see fit.
5.40 All equipment/products and services together with their pricing, whether changed within the request
or remaining unchanged, will be stated on each "Pricing" sheet created as a result of each request for
product, service, or pricing change.
5.41 Each subsequent "Single Statement of Product and Pricing" will be archived by its effective date
therefore creating a product and price history for any Contract resulting from this RFP. Proposers are
required to create a historical record of pricing annually by submitting updated pricing referred to as a
"Single Statement of Product/Equipment and Related Services Contract Price Update". This pricing update
is required at a minimum of once per contract year.
J. PAYMENT TERMS
5.42 Payment terms will be defined by the Proposer in the Proposer's Response. Proposers are encouraged
to offer payment terms through P Card services if applicable.
5.43 If applicable, identify any leasing programs available to NJPA and NJPA Members as part of your
proposal. Proposers should submit an example of the lease agreement to be used and should identify:
5.43.1 General leasing terms such as:
5.43.1.1 The percentage adjustment over/under an index rate used in calculating the
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internal rate of return for the lease; and
5.43.1.2 The index rate being adjusted; and
5.43.1.3 The "Purchase Option' at lease maturity (S 1, or fair market value); and
5.43.1.4 The available term in months of lease(s) available.
5.43.2 Leasing company information such as:
5.43.2.1 The name and address of the leasing company; and
5.43.2.2 Any ownership, common ownership, or control between the Proposer and the
Leasing Company.
K. SALES TAX
5.44 Sales and other taxes shall not be included in the prices quoted. Vendor will charge state and local
sales and other taxes on items for which a valid tax exemption certification has not been provided. Each
NJPA Member is responsible for providing verification of tax exempt status to the Vendor. When ordering,
NJPA Members must indicate that they are tax exempt entities. Except as set forth herein, no party shall
be responsible for taxes imposed on another party as a result of or arising from the transactions
contemplated by a Contract resulting from this RFP.
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5.45 NJPA desires an attractive freight program. A shipping program for material only proposals, or
sections of proposals, must be defined as a part of the cost of equipment/products. If shipping is charged
to NJPA or NJPA Member, only the actual cost of delivery may be added to an invoice. Shipping charges
calculated as a percentage of the product price may not be used, unless such charges are lower than actual
delivery charges. COD orders will be accepted if both parties agree. It is desired that delivery be made
within ninety -days (90) of receipt of the Purchase Order.
5.46 Selection of a carrier for shipment or expedited shipping will be the option of the party paying for said
shipping. Use of another carrier will be at the expense of the party who requested.
5.47 Proposers must define their shipping programs for Alaska and Hawaii and any location not served by
conventional shipping services. Over -size and over -weight items and shipments may be subject to custom
freight programs.
5.48 All shipping and re -stocking fees must be identified in the price program. Certain industries providing
made to order product/equipment may not allow returns. Proposers will be evaluated based on the relative
flexibility extended to NJPA and NJPA Members relating to those subjects.
5.49 Proposer agrees shipping errors will be at the expense of the Vendor.
5.50 Delivery effectiveness is very important aspect of this Contract. If completed deliveries are not made
at the time agreed, NJPA or NJPA Member reserves the right to cancel and purchase elsewhere and hold
Vendor accountable. If delivery dates cannot be met, Vendor agrees to advise NJPA or NJPA Member of
the earliest possible shipping date for acceptance by NJPA or NJPA Member.
5.51 Delivered products/equipment must be properly packaged. Damaged equipment/products will not be
accepted, or if the damage is not readily apparent at the time of delivery, the equipment/products shall be
returned at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the
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equipment/products at a reasonable time subsequent to delivery where circumstances or conditions prevent
effective inspection of the equipment/products at the time of delivery.
5.52 Vendor shall deliver Contract conforming products/equipment in each shipment and may not substitute
products/equipment without approval from NJPA or the NJPA Member.
5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard
or inferior equipment/products which are not under Contract and described in its paper or electronic price
lists or sourced upon request to any member under this Contract. In the event of the delivery of non-
conforming equipment/products, NJPA Member will notify the Vendor as soon as possible and the Vendor
will replace non -conforming equipment/products with conforming equipment/products acceptable to the
NJPA member.
5.54 Throughout the term of the Contract, Proposer agrees to pay for return shipment on
equipment/products that arrives in a defective or inoperable condition. Proposer must arrange for the return
shipment of damaged equipment/products.
5.55 Vendor may not substitute equipment/products unless agreed to by both parties.
5.56 Unless contrary to other parts of this solicitation, if the product/equipment or the tender of delivery
fail in any respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept
the whole or 3) accept any commercial unit or units and reject the rest.
EVALUATION OF PROPOSALS
A. PROPOSAL EVALUATION PROCESS
6_1 The NJPA Proposal Evaluation Committee will evaluate proposals received based on a 1,000 point
evaluation system. The Committee establishes both the evaluation criteria and designates the relative
importance of those criteria by assigning possible scores for each category on Form G of this RFP.
6_2 NJPA shall use a final overall scoring system to include consideration for best price and cost evaluation.
NJPA reserves the right to assign any number of point awards or penalties it considers warranted if a
Proposer stipulates exceptions, exclusions, or limitations of liabilities. Strong consideration will be given
to the best price as it relates to the quality of the product and service. However, price is ultimately only one
of the factors taken into consideration in the evaluation and award.
6.3 Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of
Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal
Evaluation Committee. To qualify for the final evaluation, a Proposer must have been deemed responsive
as a result of the criteria set forth under "Proposer Responsiveness."
B. PROPOSER RESPONSIVENESS
6_4 All responses are evaluated for level one and level two responsiveness. If a response does not
reasonably and substantially conform to all the terms and conditions in the solicitation or it requests
unreasonable exceptions, it may be considered non -responsive.
6_5 All proposals must contain answers or responses to the information requested in the proposal forms.
The following items constitute the test for "Level One Responsiveness" and are determined on the proposal
opening date. If these are not received, your response may be disqualified as non -responsive.
6_6 Level One Responsiveness includes:
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6.6.1 received prior to the deadline for submission or it will be returned unopened;
6.6.2 properly addressed and identified as a sealed proposal with a specific opening date and
time;
6.6.3 pricing document (with apparent discounts), sample certificate of liability insurance and
all forms fully completed even if "not applicable" is the answer;
6.6.4 original signed, completed and dated RFP forms C, D, and F hard copy signed signature
page Only from forms A and P from this RFP and if applicable, all counter signed addenda
issued in relation to this RFP;
6.6.5 an electronic copy (CD or flash drive) of the entire response; and
6.6.6 falls within the scope as determined by the NJPAs Proposal Evaluation Committee.
6_7 "Level Two" responsiveness is determined through the evaluation of the remaining items listed under
Proposal Evaluation Criteria below. These items are not arranged in order of importance and each item
may encompass multiple areas of information requested. Any questions not answered will result in a loss
of points from relevant Form G criteria and may lead to non -award if too many areas are unanswered
resulting in the inability for evaluation team to effectively review your response.
C. PROPOSAL EVALUATION CRITERIA
6_8 Evaluation Criteria: Forms A and P includes a series of questions encompassing, but not limited to, the
following categories:
6.8.1 Company Information & Financial Strength
6.8.2 Industry Requirements & Marketplace Success
6.8.3 Ability to Sell & Deliver Service Nationwide
6.8.4 Marketing Plan
6.8.5 Other Cooperative Procurement Contracts
6.8.6 Value Added Attributes
6.8.7 Payment Terms & Financing Options
6.8.8 Warranty
6.8.9 Equipment/Products/Services
6.8.10 Pricing & Delivery
6.8.11 Industry Specific Items
6_9 Evaluation of each Proposer's Response will take into consideration as a minimum response but not
necessarily limited to these items.
D. OTHER CONSIDERATION
6.10 The Proposer is required to have extensive knowledge and at least three (3) years of experience with
the related activities surrounding the selling of the equipment/products and/or related services.
6.11 NJPA reserves the right to accept or reject newly formed companies solely based on information
provided in the proposal and/or its own investigation of the company.
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6.12 If a manufacturer or supplier chooses not to produce or supply a full selection and representation of
product/equipment and related services it has available which fall within the scope of this RFP, such action
will be considered sufficient cause to reduce evaluation points.
6.13 NJPA reserves the right to request and test equipment/products and related services from the apparent
successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by
NJPA, shall furnish current information and data regarding the Proposer's resources, personnel, and
organization within three (3) days.
6.14 Past performance information is relevant information regarding a Proposer's actions under previously
awarded contracts to schools, local, state, and governmental agencies and non-profit agencies. It includes
the Proposer's record of conforming to specifications and standards of good workmanship. The Proposer's
history for reasonable and cooperative behavior and commitment to member satisfaction shall be under
evaluation. Ultimately, Past Performance Information can be defined as the Proposer's businesslike
concern for the interests of the NJPA Member.
6.15 NJPA shall reserve the right to reject any or all proposals.
E. COST COMPARISON
6.16 NJPA uses a variety of evaluation methodologies, including but not limited to a cost comparison of
specific and deemed to be like equipment/products. NJPA reserves the right to use this process in the event
the Proposal Evaluation Committee feels it is necessary to make a final determination.
6.17 This process will be based on a point system with points being awarded for being low to high Proposer
for each cost evaluation item selected. A "Market Basket" of identical (or substantially similar)
equipment/products and related services may be selected by the NJPA Evaluation Committee and the unit
cost will be used as a basis for determining the point value. The "Market Basket" will be selected by NJPA
from all product categories as determined appropriate by NJPA.
F. MARKETING PLAN
6.18 A key element of an NJPA awarded a contract will be based on your marketing response to
this solicitation. An awarded Vendor's sales force will be the primary source of communication to
the customers and NJPA members directly relating to the contract success. Success in marketing
is dependent on delivery of messaging and communication relating to the contract value,
knowledge of contract, proper use and the delivery of contracted equipment/products and related
services to the end user. Much of the success and sales reward is a direct result of the commitment
to the Contract by the vendor and sales teams. NJPA reserves the right to deem a proposer non-
responsive or to not award based on an unacceptable or incomplete marketing plan
6.19 NJPA marketing expectations include:
6.19.1 Vendors ability to demonstrate the leveraging of a national sales force and/or dealer network.
Vendors must demonstrate the ability to sell, service and deliver products and equipment through
acceptable distribution channels to customers and NJPA members in all 50 states. Demonstrate
fully the sales and service capabilities of your company through your response; outline Vendor's
national sales force network in terms of numbers and geographic location and method of
distribution of the equipment/products and related services. Service may be independent of the
equipment/product sales pricing but is encouraged to be a part of your response and contract.
6.19.2 Vendor is invited to demonstrate the ability to successfully market, promote and
communicate the opportunity of an NJPA contract to current and potential members nationwide.
NJPA desires a marketing plan that communicates the value of the contract to members.
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6.19.3 Vendor is expected to be receptive to NJPA sales trainings. Vendor shall provide a venue
for appropriate personnel from both management and the sales force who will be trained. NJPA
commits to providing contract sales training and awareness regarding all aspects of communicating
the value of the contract itself including: the authority of NJPA to offer the contract to its Members,
value and utility the contract delivers to NJPA Members, scope of NJPA Membership, authority of
NJPA Members to utilize NJPA procurement contracts, marketing and sales methods, and overall
vertical strategies.
6.19.4 Vendor is expected to demonstrate the intent to a commit to full embracement of the NJPA
contract. Identify the appropriate levels of sales management and sales force that will need to
understand the value of and the internal procedures necessary, to deliver the NJPA contract solution
and message to NJPA and NJPA Members. NJPA shall provide a general schedule and a variety
of methods surrounding when and how those individuals will be trained.
6.19.5 Vendor will outline their proposed involvement in the promotion of a contract resulting from
this RFP through applicable industry trade show exhibits and related customer meetings. Proposers
are encouraged to consider participation with NJPA at NJPA embraced national trade shows.
6.19.6 Vendor must exhibit the willingness and ability to actively market and develop contract
specific marketing materials including, but not limited to:
6.19.6.1 Complete Marketing Plan. Proposer shall submit a marketing plan outlining how
the Vendor will launch the NJPA contract to current and potential NJPA Members. NJPA
requires the Awarded Vendors to embrace and actively promote the Contract in
cooperation with the NJPA.
6.19.6.2 Printed Marketing Materials. Proposer will initially produce and thereafter
maintain full color print advertisements in camera ready electronic format including
company logo and contact information to be used in the NJPA directory and other approved
marketing publications.
6.19.6.3 Contract announcements and advertisements. Proposer will outline in the
marketing plan their anticipated contract announcements, advertisements in industry
periodicals and other direct or indirect marketing activities promoting the awarded NJPA
contract.
6.19.6.4 Proposer's Website. Proposer will identify how an Awarded Contract will be
displayed and linked on the Proposer's website. An on-line shopping experience for NJPA
Members is desired when applicable.
6.19.7 An NJPA Vendor Contract Launch will be scheduled during a reasonable time frame after
the award and held at the NJPA office in Staples, MN.
6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate NJPA
membership and establish status of current and potential agencies/members. Proposer should further
express their commitment to capturing sufficient member information as is deemed necessary by NJPA.
G. CERTIFICATE OF INSURANCE
6.21 Vendors shall provide evidence of liability insurance coverage identified below in the form of a
Certificate of Insurance or an ACCORD binder form with their proposal. Upon Award issued pursuant to
this contract and prior to the execution of any commerce relating to such award, Vendor will be responsible
for providing verification, in the form of a Certificate of Insurance identifying the coverage required below
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and identifying NJPA as a "Certificate Holder." Vendor will be responsible to maintain such insurance
coverage at their own expense throughout the term of any contract resulting from this solicitation.
6.22 Any exceptions and/or assumptions to the insurance requirements must be identified on Attachment
C Exceptions and/or assumptions will be taken into consideration as part of the evaluation process;
however, vendors must be specific. If vendors do not specify any exceptions and/or assumptions at time of
proposal submission, NJPA will not consider any additional exceptions and/or assumptions during
negotiations. Upon contract award, the successful vendor must provide the Certificate of Insurance
identifying the coverage as specified.
6.23 Insurance Liability Limits: The awarded vendor must maintain, for the duration of its contract, $1.5
million in General Liability insurance coverage or General Liability insurance in conjunction with an
Umbrella for a total combined coverage of $1.5 million. Work on the contract shall not begin until after
the awarded vendor has submitted acceptable evidence of the required insurance coverage. Failure to
maintain any required insurance coverage or acceptable alternative method of insurance will be deemed a
breach of contract.
6.23.1 Minimum Scope and Limits of Insurance: Vendor shall provide coverage with limits
of liability not less than those stated below. An excess liability policy or umbrella liability policy
may be used to meet the minimum liability requirements provided that the coverage is written on
a "following form" basis.
6.23.1.1 Commercial General Liability— Occurrence Form
Policy shall include bodily injury, property damage and broad form contractual liability and
XCU coverage.
6.23.1.2 Each Occurrence $1,500,000
6.24 Insurance Requirements: The limits listed herein are minimum requirements for this Contract and
in no way limit the indemnity covenants contained in this Contract. NJPA in no way warrants that the
minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out
of the performance of the work under this Contract by the Vendor, his agents, representatives, employees
or subcontractors and Vendor is free to purchase additional insurance as may be determined necessary.
6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to
do business in the State of Minnesota and with an "A.M. Best" rating of not less than A- VII. NJPA in
no way warrants that the above required minimum insurer rating is sufficient to protect the Vendor from
potential insurer solvency.
6.26 Subcontractors: Vendors' certificate(s) shall include all subcontractors as additional insureds under
its policies or Vendor shall furnish to NJPA separate certificates for each subcontractor. All coverage
for subcontractors shall be subject to the minimum requirements identified above.
H. ORDER PROCESS AND/OR FUNDS FLOW
6.27 Please propose an order process and funds flow. The Business -to -Government order process and/or
funds flow model involves NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a
Contract resulting from this RFP. Administrative fees may also be used for purposes as allowed by
Minnesota State Law and approved by the Board of Directors.
6.28 Additional Terms and Conditions can be added at the PO level if both Vendor and Member agree.
I. ADMINISTRATIVE FEES
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6.29 Proposer agrees to authorize and/or allow for an administrative fee payable to NJPA by an Awarded
Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and
potential NJPA Members. This Administration Fee shall be:
6.29.1 Calculated as a percentage of the dollar volume of all equipment/products and services
provided to and purchased by NJPA Members or calculated as reasonable and acceptable method
applicable to the contracted transaction; and
6.29.2 Included in, and not added to, the pricing included in Proposer's Response to the RFP; and
6.29.3 Designed to offset the anticipated costs of NJPA's involvement in contract management,
facilitating marketing efforts, Vendor training, and any order processing tasks relating to the
Contract resulting from this RFP. Administrative fees may also be used for other purposes as
allowed by Minnesota law. Administrative fees may also be used for other purposes as allowed by
Minnesota law.
6.29.4 Typical administrative fees for a B-TO-G order process and funds flow is 2.0%. NJPA does
not mandate a specific fee percentage, we merely state that 2% is a typical fee across our contracts.
The administrative fee percent varies among vendors, industries and responses.
6.29.5 NJPA awarded contract holder is responsible for the Administrative Fee and related
reporting.
6.30 The opportunity to propose these factors and an appropriate administrative fee is available in the
Proposer's Questionnaire Form P.
J. VALUE ADDED
6.31 Examples of Value Added Attributes: Value -Added attributes, products and services are items
offered in addition to the products and services being proposed which adds value to those items being
proposed. The availability of a contract for maintenance or service after the initial sale, installation, and
set-up may, for instance, be "Value Added Services" for products where a typical buyer may not have the
ability to perform these functions.
6.32 Where to document Value Added Attributes: The opportunity to indicate value added dimensions
and such advancements will be available in the Proposer's Questionnaire and Proposer's product and
service submittal.
6.33 Value added equipment/products and services and expanded services, as they relate to this RFP, will
be given positive consideration in the award selection. Consideration will be given to an expanded selection
of PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH
RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES and advances to provide
products/services, supplies meeting and/or exceeding today's industry standards and expectations. A value
add would include a program or service that further serves the members needs above and possibly beyond
standard expectation and complements the equipment/products and services and training. Value added
could include areas of product and service, sales, ordering, delivery, performance, maintenance, technology,
and service that furthers the functionality and effectiveness of the procurement process while remaining
within the scope of this RFP.
6.34 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the
policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the process
to purchase product/equipment and related services. Vendors should document WMBE status for their
organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the
activities invited. The ability of a Proposer to provide "Credits" to NJPA and NJPA Members in these
subject areas, either individually or through related entities involved in the transaction, will be evaluated
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positively by NJPA and reflected in the "value added" area of the evaluation. NJPA is committed to
facilitating the realization of such "Credits" through certain structuring techniques for transactions resulting
from this RFP.
6.35 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA
Members to consider the environmental impact of the equipment/products and related services they
purchase. "Green" characteristics demonstrated by responding companies will be evaluated positively by
NJPA and reflected in the "value added" area of the evaluation. Please identify any Green characteristics
of the product/equipment and related services in your proposal and identify the sanctioning body
determining that characteristic. Where appropriate, please indicate which products have been certified as
"green" and by which certifying agency.
6.36 On -Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed as
a value-added characteristic. Proposer shall include documentation about user interfaces that make on-line
ordering easy for NJPA Members as well as the ability to punch -out from mainstream e-Procurement or
Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize.
6.37 Financing: The ability of the Proposer to provide financing options for the products and services being
proposed will be viewed as a Value Added Attribute.
6.38 Technology: Technological advances, increased efficiencies, expanded service and other related
improvements beyond today's NJPA member's needs and applicable standards.
K. WAIVER OF FORMALITIES
6.39 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept
proposals, which, in its discretion and according to the law, may be in the best interest of its members.
POST AWARD OPERATING ISSUES
A. SUBSEQUENT AGREEMENTS
7_1 Purchase Order. Purchase Orders for equipment/products and/or related services may be executed
between NJPA or NJPA Members (Purchaser) and awarded Vendor(s) or Vendor's sub -contractors
pursuant to this invitation and any resulting Contract. NJPA Members are instructed to identify on the face
of such Purchase Orders that "This purchase order is issued pursuant to NJPA procurement contract
#XXXXXX." A Purchase Order is an offer to purchase product/equipment and related services at specified
prices by NJPA or NJPA Members pursuant to a Contract resulting from this RFP. Purchase Order flow
and procedure will be developed jointly between NJPA and an Awarded Vendor after an award is made.
7_2 Governing Law. Purchase Orders shall be construed in accordance with, and governed by, the laws of
a competent jurisdiction with respect to the purchaser. Each and every provision of law and clause required
by law to be included in the Purchase Order shall be read and enforced as though it were included. If
through mistake or otherwise any such provision is not included, or is not currently included, then upon
application of either party the Contract shall be physically amended to make such inclusion or correction.
The venue for any litigation arising out of disputes related to Purchase Order(s) shall be a court of competent
jurisdiction to the Purchaser.
7_3 Additional Terms and Conditions. Additional terms and conditions to a Purchase Order may be
proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is
OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is
to formally introduce job or industry specific requirements of law such as prevailing wage legislation.
Additional terms and conditions can include specific local policy requirements and standard business
practices of the issuing Member. Said additional terms and conditions shall not interfere with the general
purpose, intent or currently established terms and conditions contain in this RFP document.
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7_4 Specialized Service Requirements. In the event service requirements or specialized performance
requirements such as e-commerce specifications, specialized delivery requirements, or other specifications
and requirements not addressed in the Contract resulting from this RFP, NJPA Member and Vendor may
enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed
service requirements or specialized performance requirements require pre -approval by Vendor. Any
separate agreement developed to address these specialized service or performance requirements is
exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and employees shall not
be made party to any claim for breach of such agreement. Product sourcing is not considered a service.
NJPA Members will need to conduct procurements for any specialized services not identified as a part or
within the scope of the awarded Contract.
7_5 Performance Bond. At the request of the member, a Vendor will provide all performance bonds
typically and customarily required in their industry. These bonds will be issued pursuant to the
requirements of Purchase Orders for product/equipment and related services. If a purchase order is
cancelled for lack of a required performance bond by the member agency, it shall be the recommendation
of NJPA that the current pending Purchase Order be canceled. Each member has the final decision on
Purchase Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR
CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND
SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER.
B. NJPA MEMBER SIGN-UP PROCEDURE
7_6 Awarded Vendors will be responsible for familiarizing their sales and service forces with the various
forms of NJPA Membership documentation and shall encourage and assist potential Members in
establishing Membership with NJPA. NJPA membership is at no cost, obligation or liability to the Member
or the Vendor.
C. REPORTING OF SALES ACTIVITY
7_7 A report of the total gross dollar volume of all equipment/products and related services purchased by
NJPA Members as it applies to this RFP and Contract will be provided quarterly to NJPA. The form and
content of this reporting will provided by NJPA to include, but not limited to, name and address of
purchasing agency, member number, amount of purchase, and a description of the items purchased.
7.7.1 Zero sales reports: Awarded Vendors are responsible for providing a quarterly sales report
of contract sales every quarter regardless of the existence or amount of sales.
D. AUDITS
7_8 No more than once per calendar year during the Contract term, Vendor may be required to make
available to NJPA the invoice reports and/or invoice documents from Vendor pertaining to all invoices sent
by Vendor and all payments made by NJPA members for all equipment/products and related services
purchased under the awarded Contract. NJPA must provide written notice of exercise of this requirement
with no less than fourteen (14) business days' notice. NJPA may employ an independent auditor or NJPA
may choose to conduct such audit on its own behalf. Upon approval and after the auditor has executed an
appropriate confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor
documents. NJPA shall be responsible for paying the auditor's fees. The parties will make every reasonable
effort to fairly and equitably resolve discrepancies to the satisfaction of both parties. Vendor agrees that the
NJPA may audit their records with a reasonable notice to establish total compliance and to verify prices
charged under of the Contract are being met. Vendor agrees to provide verifiable documentation and
tracking in a timely manner.
E. HUB PARTNER
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7_9 Hub Partner: NJPA Members may request to be served through a "Hub Partner" for the purposes of
complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable
in their jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy,
Disadvantaged Business Entity Credits or other considerations.
7.10 Hub Partner Fees: Fees, costs, or expenses from this Hub Partner levied upon a transaction resulting
from this contract, shall be payable by the NJPA Member. The fees, costs, or expenses levied by the Hub
Vendor must be clearly itemized in the transaction; and to the extent that the Vendor stands in the chain of
title during a transaction resulting from this RFP, the documentation shall be documented to show it is
"Executed for the Benefit of [NJPA Member Namel "
F. TRADE-INS
7.11 The value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an
Awarded Vendor. That identified "Trade -In" value shall be viewed as a down payment and credited in full
against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA
procurement contract. The full value of the trade-in will be consideration.
G. OUT OF STOCK NOTIFICATION
7.12 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out -of -stock occurs.
Vendor shall inform the NJPA member regarding the anticipated date of availability for the out -of -stock
item(s), and may suggest equivalent substitute(s). The ordering organization shall have the option
of accepting the suggested equivalent substitute, or canceling the item from the order. Under no
circumstance is Proposer permitted to make unauthorized substitutions. Unfilled or substituted item(s) shall
be indicated on the packing list.
H. TERMINATION OF CONTRACT RESULTING FROM THIS RFP
7.13 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the
Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any
termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and
opportunity to cure. Some examples of material breach include, but are not limited to:
7.13.1 The Vendor provides products/equipment or related services that does not meet
reasonable quality standards and is not remedied under the warranty;
7.13.2 The Vendor fails to ship the products/equipment or related services or provide the
delivery and services within a reasonable amount of time;
7.13.3 NJPA has reason to believe the Vendor will not or cannot perform to the
requirements or expectations of the Contract and issues a request for assurance and
Vendor fails to respond;
7.13.4 The Vendor fails to observe any of the material terms and conditions of the
Contract;
7.13.5 The Vendor fails to follow the established procedure for purchase orders, invoices
and/or receipt of funds as established by the NJPA and the Vendor in the Contract.
7.13.6 The Vendor fails to report quarterly sales;
7.13.7 The Vendor fails to actively market this Contract within the guidelines provided
in this RFP and the expectations of NJPA defined in the NJPA Contract Launch.
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7.13.8 In the event the contract has no measurable and defining value or benefit to NJPA
or the NJPA member.
7.14 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to provide
a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all issues of
concern may result in Contract cancellation pursuant to this Section. If the issue is not resolved within sixty
(60) days, contract will be terminated.
7.15 Any termination shall have no effect on purchases that are in progress at the time the cancellation is
received by the NJPA. The NJPA reserves the right to cancel the Contract immediately for convenience,
without penalty or recourse, in the event the Vendor is not responsive concerning the remedy, the
performance, or the violation issue within the time frame, completely or in part.
7.16 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the
Vendor files for bankruptcy protection or is acquired by an independent third party. Awarded Vendor will
be responsible for disclosing to NJPA any litigation, bankruptcy or suspensions/disbarments that occur
during the contract period. Failure to disclose may result in an immediate termination of the contract.
7.17 NJPA may execute Contract termination without cause with a required 60-day written notice of
termination. Termination of Contract shall not relieve either party of financial, product or service
obligations incurred or accrued prior to termination.
7.18 NJPA may cancel any Contract resulting from this solicitation without any further obligation if any
NJPA employee significantly involved in initiating, negotiating, securing, drafting or creating the Contract
on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their personal gain.
Such cancellation shall be effective upon written notice from the NJPA or a later date if so designated in
the notice given. A terminated Contract shall not relieve either party of financial, product or service
obligations due to participating member or NJPA.
7.19 Events of Automatic termination to include, but not limited to:
7.19.1 Vendor's failure to remedy a material breach of a Contract resulting from this RFP within
sixty (60) days of receipt of notice from NJPA specifying in reasonable detail the nature of such
breach; and/or,
7.19.2 Receipt of written information from any authorized agency finding activities of Vendors
engaged in pursuant to a Contract resulting from this RFP to be in violation of the law.
8 GENERAL TERMS AND CONDITIONS
A. ADVERTISING A CONTRACT RESULTING FROM THIS RFP
8_1 ProposerNendor shall not advertise or publish information concerning this Contract prior to the award
being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the awarded
Contract to both current and potential NJPA Members.
B. APPLICABLE LAW
8_2 NJPA's interest in a contract resulting from this RFP: Not withstanding its own use, to the extent
NJPA issues this RFP and any resulting contract for the use of its Members, NJPA's interests and liability
for said use shall be limited to the competitive proposal process performed and terms and conditions relating
to said contract and shall not extend to the products, services, or warranties of the Awarded Vendor or the
intended or unintended effects of the product/equipment and services procured there from.
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8_3 NJPA Compliance with Minnesota Procurement Law: NJPA will exhaust all avenues to comply
with each unique state law or requirement whenever possible. It is the responsibility of each participating
NJPA member to ensure to their satisfaction that NJPA contracting process falls within these laws and
applicable laws are satisfied. An individual NJPA member using these contracts is deemed by their own
accord to be in compliance with their own requirements and procurement regulations.
8_4 Governing Law with respect to delivery and acceptance: All applicable portions of the Minnesota
Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of
delivery and inspection of the Federal Acquisition Regulations (FAR) laws shall govern NJPA contracts
resulting from this solicitation.
8_5 Jurisdiction: Any claims pertaining to this RFP and any resulting Contract that develop between NJPA
and any other party must be brought forth only in courts in Todd County in the State of Minnesota unless
otherwise agreed to.
8.5.1 Purchase Orders issued pursuant to a contract resulting from this solicitation shall be
construed in accordance with, and governed by, the laws of a competent jurisdiction with respect
to the purchaser.
8_6 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local laws
applicable to or pertaining to the transaction, acquisition, manufacturer, suppliers or the sale of the
equipment/products and relating services resulting from this RFP.
8_7 Other Laws, whether or not herein contained, shall be included by this reference. It shall be
Proposer's/Vendor's responsibility to determine the applicability and requirements of any such laws and to
abide by them.
8_8 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent
authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA's
liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section
§3.736, and other applicable law.
8_9 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with
prevailing wage legislation in effect in the jurisdiction of the purchaser (NJPA or NJPA Member). It shall
be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate
department of labor for any increase in rates during the term of this Contract and adjust wage rates
accordingly.
8.10 Patent and Copyright Infringement: If an article sold and delivered to NJPA or NJPA Members
hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and
hold harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted
or recovered against it by any person on account of the use or sale of such articles by NJPA or NJPA
Members in violation or right under such patent or copyright.
C. ASSIGNMENT OF CONTRACT
8.11 No right or interest in this Contract shall be assigned or transferred by the Vendor without prior written
permission by the NJPA. No delegation of any duty of the Vendor shall be made without prior written
permission of the NJPA. NJPA shall notify members by posting approved assignments on the NJPA
website (www.nipac000.ore) within 15 days ofNJPA's approval.
8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this
Contract, a successor in interest must guarantee to perform all obligations under this Contract. NJPA
reserves the right to reject the acquiring person or entity as a Vendor. A change of name agreement will
not change the contractual obligations of the Vendor.
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D. LIST OF PROPOSERS
8.13 NJPA will not maintain or communicate to a list of proposers. All interested proposers must respond
to the solicitation as a result of NJPA solicitation advertisements indicated. Because of the wide scope of
the potential Members and qualified national Vendors, NJPA has determined this to be the best method of
fairly soliciting proposals.
E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS
8.14 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease
of understanding and in no way define or limit the scope or intent of this request.
F. DATA PRACTICES
8.15 All materials submitted in response to this RFP will become property of the NJPA and will become
public record in accordance with Minnesota Statutes, section 13.591, after the evaluation process is
completed. If the Responder submits information in response to this RFP that it believes to be nonpublic
information, as defined by the Minnesota Government Data Practices Act, Minnesota Statute § 13.37, the
Responder must:
8.15.1 make the request within thirty days of award/non-award, and include the appropriate
statutoryjustification. Pricing is generally not redactable. The NJPA Legal Department shall review
the statement to determine whether the information shall be withheld. If the NJPA determines to
disclose the information, the Bids & Contracts department of the NJPA shall inform the Proposer,
in writing, of such determination; and
8.15.2 defend any action seeking release of the materials it believes to be nonpublic information,
and indemnify and hold harmless the NJPA, its agents and employees, from any judgments or
damages awarded against the NJPA in favor of the party requesting the materials, and any and all
costs connected with that defense.
8.16 This indemnification survives the NJPA's award of a contract. In submitting a response to this RFP,
the Responder agrees that this indemnification survives as long as the confidential information is in
possession of the NJPA. When the situation warrants, Proposer may be able redact additional nonpublic
information after the evaluation process if legal justification is provided and accepted by NJPA.
G. ENTIRE AGREEMENT
8.17 The Contract, as defined herein, shall constitute the entire understanding between the parties to that
Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and
signs the applicable Contract Award & Acceptance document (Form E).
H. FORCE MAJEURE
8.18 Except for payments of sums due, neither parry shall be liable to the other nor deemed in default under
this Contract if and to the extent that such parry's performance of this Contract is prevented due to force
majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected
and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of
the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow,
earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms,
volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions -intervention -acts,
terrorist events or failures or refusals to act by government authority and/or other similar occurrences where
such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to
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commence when the party declaring force majeure notifies the other party of the existence of the force
majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the
party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure
shall not include late deliveries of equipment/products and services caused by congestion at a
manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar
occurrences. If either party is delayed at any time by force majeure, then the delayed party shall notify the
other party of such delay within forty-eight (48) hours.
1. GRATUITIES
8.19 NJPA may cancel an awarded Contract by written notice if it is found that gratuities, in the form of
entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the
Vendor, to any employee of the NJPA.
J. HAZARDOUS SUBSTANCES
8.20 Proper and applicable Material Safety Data Sheets (MSDS) that are in full compliance with OSHA's
Hazard Communication Standard must be provided by the Vendor to NJPA or NJPA Member at the time
of purchase.
K. LICENSES
8.21 Proposer shall maintain a current status on all required federal, state, and local licenses, bonds and
permits required for the operation of the business that is anticipated to be conducted with NJPA and NJPA
members by the Proposer.
8.22 All responding Proposers must be licensed (where required) and have the authority to sell and
distribute offered equipment/products and related services to NJPA and NJPA Members nationally.
Documentation of required said licenses and authorities, if applicable, is requested to be included in the
proposer'sresponse.
L. MATERIAL SUPPLIERS AND SUB -CONTRACTORS
8.23 The awarded Vendor shall be required to supply the names and addresses of sourcing suppliers and
sub -contractors as a part of the purchase order when requested by NJPA or the NJPA member.
M. NON -WAIVER OF RIGHTS
8.24 No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict
compliance by the other party with its obligations hereunder, and no custom or practice of the parties at
variance with the terms hereof, nor any payment under a Contract resulting from this RFP shall constitute
a waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take
action or assert any right hereunder shall not be deemed as waiver of such right.
N. PROTESTS OF AWARDS MADE
8.25 Protests shall be filed with the NJPA's Executive Director and shall be resolved in accordance with
appropriate Minnesota state statutes. Protests will only be accepted from Proposers. A protest must be in
writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (10) calendar
days after the public notice or announcement of the award. A protest must include:
8.25.1 The name, address and telephone number of the protester;
8.25.2 The original signature of the protester or its representative (you must document the
authority of the Representative);
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8.253 Identification of the solicitation by RFP number;
8.25.4 Identification of the statute or procedure that is alleged to have been violated;
8.25.5 A precise statement of the relevant facts;
8.25.6 Identification of the issues to be resolved;
8.25.7 The aggrieved party's argument and supporting documentation;
8.25.8 The aggrieved parry's statement of potential financial damages; and
8.25.9 A protest bond in the name of NJPA and in the amount of 10% of the aggrieved parry's
statement of potential financial damages.
O. SUSPENSION OR DISBARMENT STATUS
8.26 If within the past five (5) years, any firm, business, person or Proposer responding to NJPA solicitation
and submitting a proposal has been lawfully terminated, suspended or precluded from participating in any
public procurement activity with a federal, state or local government or education agency the Proposer must
include a letter with its response setting forth the name and address of the public procurement unit, the
effective date of the suspension or debarment, the duration of the suspension or debarment and the relevant
circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose
pertinent information may result in the cancellation of any Contract. By signing the proposal affidavit, the
Proposer certifies that no current suspension or debarment exists.
P. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION
8.27 An Affirmative Action Plan, Certificate of Affirmative Action or other documentation regarding
Affirmative Action may be required by NJPA or NJPA Members relating to a transaction from this
RFP. Vendors shall comply with any such requirements or requests.
8.28 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction
from this RFP. Vendors shall comply with any such requirements or requests.
Q. SEVERABILITY
8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule,
law, statutory provision or are otherwise unenforceable under the laws or regulations of any government or
subdivision thereof, such terms shall be deemed stricken from an awarded Contract resulting from this RFP,
but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract
resulting from this RFP.
R. RELATIONSHIP OF PARTIES
8.30 No Contract resulting from this RFP shall be considered a contract of employment. The relationship
between NJPA and an Awarded Contractor is one of independent contractors each free to exercise judgment
and discretion with regard to the conduct of their respective businesses. The parties do not intend the
proposed Contract to create, or is to be construed as creating a partnership, joint venture, master -servant,
principal —agent, or any other relationship. Except as provided elsewhere in this RFP, neither party may be
held liable for acts of omission or commission of the other party and neither party is authorized or has the
power to obligate the other party by contract, agreement, warranty, representation or otherwise in any
manner whatsoever except as may be expressly provided herein.
FORMS
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Form A
L 1PA )
PROPOSER QUESTIONNAIRE- General Business Information
(Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P
Proposer Name: Questionnaire completed by:
Please identify the person NJPA should correspond with from now through the Award process:
Name: E-Mail address:
Provide an answer to all questions directly below each question (do not leave blank, mark NA if not applicable) and address
all requests made in this RFP. Please supply any applicable supporting information and documentation you feel appropriate
in addition to answers entered to the Word document. All information must be typed, organized, and easily understood by
evaluators. Please use the Microsoft Word document version of this questionnaire to respond to the questions contained
herein.
Company Information & Financial Strength
1) Why did you respond to this RFP?
2) What are your company's expectations in the event of an award?
3) Provide the full legal name, address, tax identifications number, and telephone number for your business.
4) Demonstrate your financial strength and stability.
5) Are you now, or have you ever been the subject of a bankruptcy action? Please explain.
6) Provide a brief history of your company that includes your company's core values and business philosophy.
7) How long has your company been in the PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND
TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES industry?
8) Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the
products/equipment and related services being proposed?
a) If the Proposer is best described as a re -seller, manufacturer aggregate, or distributor, please provide evidence of
your authorization as a dealer/re-seller/manufacturer aggregate for the manufacturer of the products/equipment and
related services you are proposing.
b) If the Proposer is best described as a manufacturer, please describe your relationship with your sales/service force
and/or Dealer Network in delivering the products/equipment and related services proposed.
c) Are these individuals your employees, or the employees of a third party?
d) If applicable, is the Dealer Network independent or company owned?
9) Please provide your bond rating, and/or a credit reference from your bank.
10) Provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually
held by your organization in pursuit of the commerce and business contemplated by this RFP.
11) Provide a detailed explanation outlining licenses and certifications both required to be held, and actually held, by third
parties and sub -contractors to your organization in pursuit of the commerce contemplated by this RFP. If not applicable,
please respond with "Not Applicable."
12) Provide all "Suspension or Disbarment" information as defined and required herein.
13) In addition to the $ l .5 million in General Liability and/or in conjunction with umbrella insurance coverage, what level
of automobile and workers compensation insurance does your organization currently have? If none, please explain.
14) Within the RFP category there is potential to be several different sub -categories of solutions; list sub category title/s
that best describe your equipment/products, services and supplies.
Industry Requirements &Marketplace Success
15) List and document recent industry awards and recognition.
16) Supply three references/testimonials from customers of like status to NJPA Members to include Government and
Education agencies. Please include the customer's name, contact, and phone number.
42 of 786
17) Provide a list of your top 5 Government and/or Education customers (entity name is optional) including: entity type, the
state the entity is located in, scope of the project/s, size of transaction/s and dollar volumes from the past 3 fiscal years.
18) What percentages of your current (within the past three (3) fiscal years) national sales are to the government and
education verticals? Indicate government and education verticals individually.
Proposer's Ability to Sell and Deliver Service Nationwide
19) Please describe your company sales force in terms of numbers, geographic dispersion, and the proportion of their
attention focused on the sale and services of the equipment/products contemplated in this RFP?
20) Please describe your dedicated dealer network and number of individual sales force within your dealer network in terms
of numbers, geographic dispersion, and the proportion of their attention focused on the sales distribution and delivery
of your equipment/products and related services contemplated in this RFP?
2 1 ) Please describe your dedicated company service force or dedicated network in terms of numbers, geographic dispersion,
and the proportion of their attention focused on the sale of the equipment/products and related services contemplated in
this RFP?
22) Please describe your dedicated dealer service force or network in terms of numbers geographic dispersion, and the
proportion of their attention focused on the sale of the equipment/products and related services contemplated in this
RFP? Additionally, please describe any applicable road service and do they offer the ability to service customers at the
customer's location?
23) Describe in detail your customer service program regarding process and procedure. Please include, where appropriate,
response time capabilities and commitments as a part of this RFP response and awarded contract.
24) Identify any geographic areas or NJPA market segments of the United States you will NOT be fully serving through the
proposed contract.
25) Identify any of NJPA Member segments or defined NJPA verticals you will NOT be offering and promoting an awarded
contract to? (Government, Education, Non-profit)
26) Define any specific requirements or restrictions as it applies to our members located off shores such as Hawaii and
Alaska and the US Islands. Address your off shore shipping program on the Pricing form P of this document.
Marketing Plan
27) Describe your contract sales training program to your sales management, dealer network and/or direct sales teams
relating to a NJPA awarded contract.
28) Describe how you would market/promote an NJPA Contract nationally to ensure success.
29) Describe your marketing material, and overall marketing ability, relating to promoting this type of partnership and
contract opportunity. Please send a few representative samples of your marketing materials in electronic format.
30) Describe your use of technology and the internet to provide marketing and ensure national contract awareness.
31) Describe your perception of NJPA's role in marketing the contract and your contracted products/equipment and related
services.
32) Describe in detail any unique marketing techniques and methods as a part of your proposal that would separate you
from other companies in your industry.
33) Describe your company's Senior Management level commitment with regards to embracement, promoting, supporting
and managing a resultant NJPA awarded contract
34) Do you view your products/equipment applicable to an E-procurement ordering process?
Yes No
a) If yes, describe examples of E-procurement system/s or electronic marketplace solutions that your
products/equipment was available through. Demonstrate the success of government and educations customers to
ordering through E-procurement.
35) Please describe how you will communicate your NJPA pricing and pricing strategy to your sales force nationally?
Other Cooperative Procurement Contracts
36) Describe your level of experience with national, state and local cooperative contracts.
37) What is the annual dollar sales volume generated through each of the contract(s) identified in your answer to the previous
question.
38) Identify any GSA Contracts held or utilized by the Proposer.
43 of 767
39) What is the annual combined dollar sales volume for each of these contracts?
40) If you are awarded the NJPA contract, are there any market segments or verticals (e.g., higher education, K-12 local
governments, non -profits etc.) or geographical markets where the NJPA contract will not be your primary contract
purchasing vehicle? If so, please identify those markets and which cooperative purchasing agreement will be your
primary vehicle.
41) How would you leverage an NJPA awarded contract in your sales process?
42) Identify a proposed administrative fee payable to NJPA for facilitation, management and promotion of the NJPA
contract, should you be awarded. This fee is typically calculated as a percentage of Contract sales and not a line item
addition to the customers cost of goods.
Value Added
43) If applicable, describe any product/equipment training programs available as options for NJPA members. If applicable,
do you offer equipment operator training as well as maintenance training? Yes No
44) Is this training standard as a part of a purchase or optional?
45) Describe current technological advances your proposed equipment/products and related services offer.
46) Describe your "Green" program as it relates to your company, your products/equipment, and your recycling program,
including a list of all green products accompanied by the certifying agency for each (if applicable).
47) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations and the
general minority and small business program of your organization as it relates to a Contract resulting from this RFP.
48) Identify any other unique or custom value added attributes of your company or your products/equipment or related
services. What makes your proposed solutions unique in your industry as it applies to NJPA members?
49) Other than what you have already demonstrated or described, what separates your company, your products/equipment
and related services from your competition?
50) Identify and describe any service contract options included in the proposal, or offered as a proposed option, for the
products/equipment being offered.
51) Identify your ability and willingness to offer an awarded contract to qualifying member agencies in Canada specifically
and internationally in general.
52) Describe any unique distribution and/or delivery methods or options offered in your proposal.
Signature:
NOTE: Questions regarding Payment Terms, Warranty, Products/Equipment/Services, Pricing and
Delivery, and Industry Specific Items are addressed on Form P.
Date:
44 of 788
Form B""\'
PROPOSER INFORMATION �=f�
Company Name:
Address:
City/State/Zip: _
Phone:
Toll Free Number:
Web site:
Fax:
E-mail:
Voids sometimes exist between management (those who respond to RFPs) and sales staff (those who contact NJPA
Members) that result in communication problems. Due to this fact, provide the names of your key sales people, phone
numbers, and geographic territories for which they are responsible
COMPANY PERSONNEL CONTACTS
Authorized Signer for your organization*:
Name:
Email: Phone:
* By executing Form F, the "Proposer's Assurance of Compliance," you are certifying this person identified here has their
authorization to sign on behalf of your organization:
Author of your proposal response
Name:
Email:
Your Primary Contact person regarding your proposal:
Title:
Phone:
Name:
Title:
Email:
Phone:
Other important contact information:
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
45 of 789
Form C
EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS
AND SOLUTIONS REQUEST
Company Name:
Note: Original must be signed and inserted in the inside front cover pouch.
Any exceptions to the Terms, Conditions, Specifications, or Proposal Forms contained herein shall be noted in writing
and included with the proposal submittal. Proposer acknowledges that the exceptions listed may or may not be accepted
by NJPA and may or may not be included in the final contract. NJPA may clarify exceptions listed here and document
the results of those clarifications in the appropriate section below.
Term, Condition, or NJPA
Section/page Specification Exception ACCEPTS
Proposer's Signature:
Date:
NJPA's clarification on exception/s listed above:
46 of 7910
Contract Award
RFP 052015 #
FORM D
Formal Offering of Proposal1'
(To be completed Only by Proposer)
�l IPA ;lc
PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED
ACCESSORIES, ATTACHMENTS AND SUPPLIES
In compliance with the Request for Proposal (RFP) for PORTABLE CONSTRUCTION AND MAINTENANCE
EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES the undersigned
warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general
specifications, expectations, technical specifications, service expectations and any special terms, do hereby propose, fully
commit and agree to furnish the defined equipment/products and related services in full compliance with all terms,
conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer
further understands they accept the full responsibility as the sole source of responsibility of the proposed response herein
and that the performance of any sub -contractors employed by the Proposer in fulfillment of this proposal is the sole
responsibility of the Proposer.
Company Name:
Company Address:
City:
Contact Person:
Authorized Signature (ink only):
Date:
State: Zip:
Title:
(Name printed or typed)
47 of 79t 1
Form E
NJPA 052015 #
Contract Acceptance and Award
(To be completed only by NJPA)
Proposer's full legal name
Your proposal is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined
product/equipment and services contained in your proposal offering according to all terms, conditions, and pricing set forth
in this RFP, any amendments to this RFP, your Response, and any exceptions accepted or rejected by NJPA on Form C.
The effective start date of the Contract will be 1 20 and continue for four years
from the board award date. This contract has the consideration of a fifth year renewal option at the discretion of NJPA.
National Joint Powers Alliance® (NJPA)
NJPA Authorized signature:
NJPA Executive Director
Awarded this day
NJPA Authorized signature:
Executed this day of
20
NJPA Board Member
20
(Name printed or typed)
NJPA Contract Number 052015 #
(Name printed or typed)
NJPA Contract Number 052015 #
Proposer hereby accepts contract award including all accepted exceptions and NJPA clarifications identified on FORM C.
Vendor Name
Vendor Authorized signature:
(Name printed or typed)
Title:
Executed this day of 20 NJPA Contract Number 052015 #
48 of 742
Form F^
PROPOSER ASSURANCE OF COMPLIANCE' WJPA ''
Proposal Affidavit Signature Page
PROPOSER'S AFFIDAVIT
The undersigned, representing the persons, firms and corporations joining in the submission of the foregoing proposal
(such persons, firms and corporations hereinafter being referred to as the "Proposer"), being duly sworn on his/her oath,
states to the best of his/her belief and knowledge:
The undersigned certifies the Proposer is submitting their proposal under their true and correct name, the Proposer
has been properly originated and legally exists in good standing in its state of residence, that the Proposer
possesses, or will possess prior to the delivery of any equipment/products and related services, all applicable
licenses necessary for such delivery to NJPA members agencies nationally, and that they are authorized to act on
behalf of, and encumber the "Proposer" in this Contract; and
2. To the best of my knowledge, no Proposer or Potential Proposer, nor any person duly representing the same, has
directly or indirectly entered into any agreement or arrangement with any other Proposers, Potential Proposers,
any official or employee of the NJPA, or any person, firm or corporation under contract with the NJPA in an
effort to influence either the offering or non -offering of certain prices, terms, and conditions relating to this RFP
which tends to, or does, lessen or destroy free competition of the Contract sought for by this RFP; and
3. The Proposer or any person on his/her behalf, has not agreed, connived or colluded to produce a deceptive show
of competition in the manner of the proposal or award of the referenced contract; and
4. Neither the Proposer nor any officer, director, partner, member or associate of the Proposer, nor any of its
employees directly involved in obtaining contracts with the NJPA or any subdivision of the NJPA, has been
convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses, bribery, attempted
bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January
11 1985; and
5. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications
request and other documents of this solicitation and that any and all exceptions have been noted in writing and
have been included with the proposal submittal; and
6. If awarded a contract, the Proposer will provide the equipment/products and/or services to qualifying members
of the NJPA in accordance with the terms, conditions, scope of this RFP, Proposer offered specifications and
other documents of this solicitation; and
7. The undersigned, being familiar with and understand the expectations requested and outlined in this RFP under
consideration, hereby proposes to deliver through valid requests, Purchase Orders or other acceptable forms
ordering and procurement by NJPA Members. Unless otherwise indicated, requested and agreed to on a valid
purchase order per this RFP, only new, unused and first quality equipment/products and related services are to
be transacted with NJPA Members relating to an awarded contract; and
8. The Proposer has carefully checked the accuracy of all proposed products/equipment and related services and
listed total price per unit of purchase in this proposal to include shipping and delivery considerations. In addition,
the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of commitment
as outlined and proposed; and
49 of AS
9. In submitting this proposal, it is understood that the right is reserved by the NJPA to reject any or all proposals and
it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals
were opened regarding this RFP; and
10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the
federal, state, and local laws, regulations, rules, and orders; and
11. The Proposer understands that submitted proposals which are marked "confidential" in their entirety, or those in
which a significant portion of the submitted proposal is marked "nonpublic" will not be accepted by NJPA.
Pursuant to Minnesota Statute § 13.37 only specific parts of the proposal may be labeled a "trade secret." All
proposals are nonpublic until the contract is awarded; at which time, both successful and unsuccessful vendors'
proposals become public information.
12. The Proposer understands and agrees that NJPA will not be responsible for any information contained within the
proposal.
13. By signing below, the Proposer understands it is his or her responsibility as the Vendor to act in protection of
labeled information and agree to defend and indemnify NJPA for honoring such designation. Proposer duly
realizes failure to so act will constitute a complete waiver and all submitted information will become public
information; additionally failure to label any information that is released by NJPA shall constitute a complete
waiver of any and all claims for damages caused by the release of the information.
[The rest of this page has been left intentionally blank. Signature page below]
50 of 7W
By signing below, Proposer is acknowledging that he or she has read, understands and agrees to comply with the terms
and conditions specified above.
Company Name:
Contact Person for Questions:
(Must be individual who is responsible for filling out this roposer s Responseform)
Address:
City/State/Zip:
Telephone Number:
E-mail Address:
Authorized Signature:
Authorized Name (typed):
Title:
Date:
Notarized
Subscribed and sworn to before me this
Notary Public in and for the County of
My commission expires:
Signature:
Fax Number:
day of 920,
State of
51 of V
Form G
U MPA 3
OVERALL EVALUATION AND CRITERIA''.
For the Proposed Subject PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS
WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES
Conformance to Terms & Conditions
50
Financial, Industry Requirements & Marketplace
Success
75
Proposer's Ability to Sell and Deliver Service
Nationwide
100
Proposer's Marketing Plan
50
Value Added Attributes
75
Warranty
50
Equipment/Products and Related Services
200
Pricing
400
TOTAL POINTS
1000
Reviewed by:
Its
Its
52 of -46
�ir�JPA1,1
Form P
PROPOSER QUESTIONNAIRE
Payment Terms, Warranty, Products/Equipment/Services, Pricing and Delivery, Industry Specific
Proposer Name:
Questionnaire completed by:
Payment Terms and Financing Options
1) Identify your payment terms if applicable. (Net 30, etc.)
2) Identify any applicable leasing or other financing options as defined herein.
3) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be
modified or refined during an NJPA member's final Contract phase process).
a. Please specify if you will be including your dealer network in this proposal. If so, please specify how involved
they will be. (For example, will the dealer accept the P.O?), and how are we to verify the specific dealer is
part of your network?
4) Do you accept the P-card procurement and payment process?
Warranty
5) Describe, in detail, your Manufacture Warranty Program including conditions and requirements to qualify, claims
procedure, and overall structure.
6) Do all warranties cover all. products/equipment parts and labor?
7) Do warranties impose usage limit restrictions?
8) Do warranties cover the expense of technicians travel time and mileage to perform warranty repairs?
9) Please list any other limitations or circumstances that would not be covered under your warranty.
10) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform
warranty repairs. How will NJPA Members in these regions be provided service for warranty repair?
Eauipment/Product/Services, Pricing, and Delivery
11) Provide a general narrative description of the equipment/products and related services you are offering in your
proposal.
12) Provide a general narrative description of your pricing model identifying how the model works (line item and/or
published catalog percentage discount).
13) Please quantify the discount range presented in this response pricing as a percentage discount from MSRP/published
list.
14) Provide an overall proposed statement of method of pricing for individual line items, percentage discount off
published product/equipment catalogs and/or category pricing percentage discount with regard to all
equipment/products and related services and being proposed. Provide a SKU number for each item being proposed.
15) Propose a strategy, process, and specific method of facilitating "Sourced Equipment/Products and/or related Services"
(AKA, "Open Market" items or "Non -Standard Options").
16) Describe your NJPA customer volume rebate programs, as applicable.
17) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included "Pricing" submitted with
your proposal response. Identify to whom these charges are payable to and their relationship to Proposer.
18) If freight, delivery or shipping is an additional cost to the NJPA member, describe in detail the complete shipping and
delivery program.
53ofV
19) As an important part of the evaluation of your offer, indicate the level of pricing you are offering.
Prices offered in this proposal are:
a. Pricing is the same as typically offered to an individual municipality, Higher Ed or school
district.
b. Pricing is the same as typically offered to GPOs, cooperative procurement organizations or
state purchasing departments.
c. Better than typically offered to GPOs, cooperative procurement organizations or state
purchasing departments.
d. Other; please describe.
20) Do you offer quantity or volume discounts?
YES NO Outline guidelines and program.
21) Describe in detail your proposed exchange and return program(s) and policy(s).
22) Specifically identify those shipping and delivery and exchange and returns programs as they relate to Alaska and
Hawaii and any related off shore delivery of contracted products/ equipment and related services
23) Please describe any self -audit process/program you plan to employ to verify compliance with your anticipated contract
with NJPA. Please be as specific as possible.
Industry Specific Items
24) What is your US market share for the solutions you are proposing in this response?
25) Do you hold any industry -specific quality management system certifications such as ISO 9001?
26) Do you hold any environmental management system certifications such as ISO 14001?
27) What is your Canadian market share (if any) for the solutions you are proposing in this response?
28) Is your warranty program handled directly, or does it require a pass through to another manufacturer?
29) For how many years have the models you are proposing in this response been available in the marketplace?
30) What is your parts order fill rate?
31) Do you provide preventive maintenance programs for the solutions you are proposing in this response?
Signature:
Date:
54 of 7S
10 PRE -SUBMISSION CHECKLIST
t'�trnAl
;11
Electronic Copy
Checkwhen
Hard Copy Required
Required - CD or
Completed
Contents of Your Bid Proposal
Signed and Dated
Flash Drive
Form A: Proposer Questionnaire with all
questions answered completely
X - signature page only
X
Form B: Proposer Information
X
Form C: Exceptions to Proposal, Terms,
Conditions, and Solutions Request
X
X
Form D: Formal Offering of Proposal
Ix
X
Form E. Contract Acceptance and Award
X
Form F: Proposers Assurance of Compliance
X
X
Form P: Proposer Questionnaire with all
questions answered completely
X-signature page only
X
Certificate of Insurance with $1.5 million coverage
X
X
Copy of all RFP Addendums issued by NJPA
X
X
Pricing for all Products/Equipment/Services
within the RFP being proposed
X
Entire Proposal submittal including signed
documents and forms.
X
All forms in the Hard Copy Required Signed and
Dated should be inserted in the front of the
submitted response, unbound.
Package containing your proposal labeled and
sealed with the following language:
"Competitive Proposal Enclosed, Hold for Public
Opening XX-XX-XXXX"
Response Package mailed and delivered priorto
deadline to:
NJPA, 20212th St NE, Staples, MN 56479
55 of 719
t• �.rn_A f1
11 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM
Section 1. Instructions For Vendor
Pursuant the NJPA RFP, requests for equipment/products or service changes, additions or deletions will be allowed at any
time throughout the awarded contract term. All requests must be made in written format by completing sections 2, 3 and
4 of the NJPA Price and Product Change Request Form and signature of an authorized Vendor employee in section 5. All
charges are subject to review and approval by the NJPA Contracts & Compliance Manager, signed in acceptance by the
NJPA Executive Director and acknowledged by the NJPA Contract Council. Submit request via email to your Contract
Manager AND: PandP@njpacoop.org.
NJPA's due diligence in analyzing any request for change is to determine if approval of the request is: 1) within the scope
of the original RFP and 2) in the "Best Interests of NJPA and NJPA Members." A signed Price and Product Change form
will be returned to vendor contact via email.
Vendor must complete this change request form and individually list or attach all items or services subject to change, provide
sufficiently detailed ex lanation and documentation for the change, and include a compete restatement of pricing document
in appropriate format preferably Excel). The pricing document must identify all equipment/products and services being
offered and must conform to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract
#) (effective pricing date; for example, ` COMPANY 012411-CPY eff 02-12-2013."
NOTE. New pricing restatement must include all equipment/products and services offered regardless of whether
their prices have changed and include a new "effective date" on the pricing documents. This requirement reduces
confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing.
ADDITIONS. New equipment/products and related services may be added to a contract if such additions are within the
scope of the RFP.
DELETIONS. New equipment/products and related services may be deleted from a contract if an item or service is no
longer available and thus not relevant to the contract; for example, discontinued, improved, etc.
PRICE CHANGES: Request prices changes in general terms along with the justification byproduct category for the change;
for example, a 3% increase in XYZ Product Line is due to a 3 /o increase in petroleum, or this list of SKUs/ product
descriptions is increasing X% due to X% increase in cost of raw materials.
Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions are due
to advancement of technologies and market place efficiencies.
Price increases: Typical acceptable increase requests include increases to Vendor input costs such as petroleum or
other applicable commodities, increases in product utility of new compared to old equipment/products or service,
etc. Vendor must include reasonable documentation for the claims cited in their request along with detailed
justification for why the increase is needed. Special details for price changes must be included with the request
along with both current and proposed pricing. Appropriate documentation should be attached to this form, including
letters from suppliers announcing price increases.
Refer to section 4 of the RFP for complete "Pricing" details.
Section 2. Vendor Name and Type of Change Request
CHECKALL CHANGES THATAPPLY.•
AWARDED ❑ Adding Equipment/ Products
VENDOR NAME: /Services
❑ Deleting/Discontinuing
Equipment/Products/Services
❑ Price Increase
NJPA ❑ Price Decrease
CONTRACT
NUMBER:
50
56 of 78
I I NJPA VENDOR PRICE AND PRODUCT CHANGE REOUEST FORM (a
Section 3. Detailed Explanation of Need for Changes
List equipment/products and/or services that are changing, being added or deleted from previous contract price list along
with the percentage change for each item or category. (Attach a separate, detailed document if more than 10 items.)
Provide a general statement and documentation explaining the reasons for these price and/or equipment/product/service
changes.
SAMPLES: 1-All paper equipment/products and services increased 5% in price due to transportation and fuel costs (see
attached documentation of raw materials increase). 2-The 6400 series floor polisher is added to the product list as anew
model replacing the 5400 series. The 6400 series 3% increase reflects technological improvements made that improve the
rate of efficiency and useful life. The 5400 series is now included in the "Hot List" at a 20% discount from previous pricing
If
statement now mere are in the
If changing prices and/or adding equipment/products/services, provide a general statement that the pricing or
e ui ment/ roducts/services is consistent with existing NJPA contract pricing.
51
57 of 78
I I NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM ia
Section 4. Complete Restatement of Pricing Submitted
A COMPLETE restatement of the pricing including all new and existing equipment/products and services is attached and/or
has been emailed to PandP@njpacoop.org.
❑ Yes ❑ No
Section 5. Signatures
Vendor Authorized Signature
Print Name and Title of Authorized Signer
NJPA Executive Director Signature
52
Date
Date
58 of 78
Appendix A
NJPA The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential
Member agencies to include all Government, Higher Education, K12 Education, Non -Profit, Tribal
Government, and all other Public Agencies located nationally in all fifty states, Canada, and
internationally, issues this Request For Proposal (RFP) to result in a national contract solution.
For your reference, the links below include some, but not all, of the entities included in this proposal:
ham://www.usa.aov/Agencies/Local Government/Cities.shtml
http://nces.ed.p-ov/aloba I locator/
htti)s://harvester.census.gov/imis/searcii/index.ase
http://nccsweb.urban.Ore/PubApps/search.ghi)
httl2://www.usa.gov/Govei-nment/Tribal-Sites/index.shtlill
http://www.usa.gov/A,-,encies/State-and-Territories.shtinl
http://www.nreca.coop/about-electric-cooperatives/member-directory/
Oregon
Hawaii
Washington
53
59 of 78
Contract Award
RFP 052015 #
FORM D
,5 `1
Formal Offering of Proposal
(To be completed Only by Proposer)
PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED
ACCESSORIES, ATTACHMENTS AND SUPPLIES
In compliance with the Request for Proposal (RFP) for PORTABLE CONSTRUCTION AND MAINTENANCE
EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES the undersigned
warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general
specifications, expectations, technical specifications, service expectations and any special terms, do hereby propose, fully
commit and agree to furnish the defined equipment/products and related services in full compliance with all terms,
conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer
further understands they accept the full responsibility as the sole source of responsibility of the proposed response herein
and that the performance of any sub -contractors employed by the Proposer in fulfillment of this proposal is the sole
responsibility of the Proposer.
Company Name: Multiquip Inc. Date: May 18. 2015
Company Address: 18910 Wilmington Ave.
City: Carson State: CA Zip: 90746
Contact Person: Title: Director of Government Sales
Authorized Signature (ink only): 1 Larry Savitz
(Name printed or typed)
R17 - -4--
41
60 of 78
Form E
Contract Acceptance and Award
(To be completed only by NJPA)
NJPA 0520151 PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS
WITH REALTED ACCESSORIES, ATTACHMENTS AND SUPPLIES
Multiquip, Inc.
Proposer's full legal name
Your proposal is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined
product/equipment and services contained in your proposal offering according to all terms, conditions, and pricing set forth
in this RFP, any amendments to this RFP, your Response, and any exceptions accepted or rejected by NJPA on Form C.
e
The effective start date of the Contract will be k AIS , 20�_ and continue for four years
from the board award date. This contract has the conside a fifth year renewal option at the discretion of NJPA.
National Joint Powers Alliance®
NJPA Authorized signature: /�,,1 U UUJl 7K--)
A ecutive Director (Name printed or typed)
Awarded this f day of , 20 NJPA Contract Number 05201541T0
NJPA Authorized signature: &.a± ov-o�,en
`L( NJPA oard Member (Name printed or typed)
Executed thi T�1'da of 20--b ' �� _
y NJPA Contract Number,_ _015 NITQ
Proposer hereby accepts contract award including all accepted exceptions and NJPA clarifications identified on FORM C.
Vendor Name Multiquip Inc.
Vendor Authorized signature-,1 Larry Savitz
(Name printed or typed)
Title: Director of Government Sales
Executed this 23rd day of July , 2015 NJPA Contract Number 052015-N1T0,
43
61 of 78
Form C
EXCEPTIONS TO PROPOSAL, TERMS CONDITIONS �-
AND SOLUTIONS REQUEST `
OJPA
Company Name; Multiauio Inc.
Note: Original must be signed and inserted in the inside front cover pouch.
Any exceptions to the Terms, Conditions, Specifications, or Proposal Forms contained herein shall be noted in writing
and included with the proposal submittal. Proposer acknowledges that the exceptions listed may or may not be accepted
by NJPA and may or may not be included in the final contract. NJPA may clarify exceptions listed here and document
the results of those clarifications in the appropriate section below.
ao
62 of 78
Contract Award
RFP 052015 #
FORM D
,NJPA !
Formal Offering of Proposal
�;
(To be completed Only by Proposer)
PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS WITH RELATED
ACCESSORIES, ATTACHMENTS AND SUPPLIES
In compliance with the Request for Proposal (RFP) for PORTABLE CONSTRUCTION AND MAINTENANCE
EQUIPMENT AND TRAILERS WITH RELATED ACCESSORIES, ATTACHMENTS AND SUPPLIES the undersigned
warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general
specifications, expectations, technical specifications, service expectations and any special terms, do hereby propose, fully
commit and agree to furnish the defined equipment/products and related services in full compliance with all terms,
conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer
further understands they accept the full responsibility as the sole source of responsibility of the proposed response herein
and that the performance of any sub -contractors employed by the Proposer in fulfillment of this proposal is the sole
responsibility of the Proposer.
Company Name: Multiquip Inc. Date: May 18, 2015
Company Address: 18910 Wilmington Ave.
City: Carson State: CA zip: 90746
Contact Person: Lan Savitz Title: Director of Government Sales
Authorized Signature (ink only): i Larry Savitz
(Name printed or typed)
41
63 of 78
Form E
Contract Acceptance and Award
(To be completed only by NJPA)
NJPA 0520I5 1 PORTABLE CONSTRUCTION AND MAINTENANCE EQUIPMENT AND TRAILERS
WITH REALTED ACCESSORIES, ATTACHMENTS AND SUPPLIES
Multiquip, Inc.
Proposer's full legal name
Your proposal is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined
product/equipment and services contained in your proposal offering according to all terms, conditions, and pricing set forth
in this RFP, any amendments to this RFP, your Response, and any exceptions accepted or rejected by NJPA on Form C.
The effective start date of the Contract will be `S'� , 20-15 and continue for four years
from the board award date. This contract has the conside ' a fifth year renewal option at the discretion of NJPA.
National Joint Powers Alliance®
NJPA Authorized signature: VV,_)
'KJPA ecutive Director (Name printed or typed)
Awarded this day ofl-3 , 20� NJPA Contract Number 10520154111) i
NJPA Authorized signature:
FOP-Alloard Member (Name printed or typed)
Executed thi T ----dayof 20 � c 5-
NJPA Contract Number,0-?01_ .N1TQ
Proposer hereby accepts contract award including all accepted exceptions and NJPA clarifications identified on FORM C.
Vendor Name Multiquip Inc.
Vendor Authorized signature: Larry S avi t z
(Name printed or typed)
Title: Director of Government Sales
Executed this 23rd day of July , 2015 NJPA Contract Number 052015-:NiTO,
43
64 of 78
9. In submitting this proposal, it is understood that the right is reserved by the NJPA to reject any or all proposals and
it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals
were opened regarding this RFP; and
10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the
federal, state, and local laws, regulations, rules, and orders; and
1 l . The Proposer understands that submitted proposals which are marked "confidential" in their entirety, or those in
which a significant portion of the submitted proposal is marked "nonpublic" will not be accepted by NJPA.
Pursuant to Minnesota Statute §13.37 only specific parts of the proposal may be labeled a "trade secret." All
proposals are nonpublic until the contract is awarded; at which time, both successful and unsuccessful vendors'
proposals become public information.
12. The Proposer understands and agrees that NJPA will not be responsible for any information contained within the
proposal.
13. By signing below, the Proposer understands it is his or her responsibility as the Vendor to act in protection of
labeled information and agree to defend and indemnify NJPA for honoring such designation. Proposer duly
realizes failure to so act will constitute a complete waiver and all submitted information will become public
information; additionally failure to label any information that is released by NJPA shall constitute a complete
waiver of any and all claims for damages caused by the release of the information.
[The rest of this page has been left intentionally blank. Signature page below]
44
66 of 78
By signing below, Proposer is acknowledging that he or she has read, understands and agrees to comply with the terms
and conditions specified above.
Company Name: Multiquia Inc.
Contact Person for Questions: Larry Savitz
(Must be individual who is responsible for filling out this roposer s Responseform)
Address: 18910 Wilmington Ave.
City/State/zip: Carson, CA 90746
Telephone Number: 310-400-1682 Fax Number: 310-632-6197
E-mail Address:
Authorized Sign
Authorized Nair
Title: Director of Government Sales
Date: May 18, 2015
Notarized
***PLEASE SEE ATTACHED CALIFORNIA AFFIANT STATEMENT'
Subscribed and sworn to before me this day of , 20
Notary Public in and for the County of
My commission expires:
Signature:
State of
67 of 78
ram`--~•�
e
Form P
PROPOSER QUESTIONNAIRE
Payment Terms, Warranty, Products/Equipment/Services, Pricing and Delivery, Industry Specific
Proposer Name: Multiquip Inc.
Questionnaire completed by: Larry Savitz
Payment Terms and Financing Options
1) Identify your payment terms if applicable. (Net 30, etc.)
Net 30 days.
2) Identify any applicable leasing or other financing options as defined herein.
We have leasing and financing options that are available to NJPA members, however, they are not stated here as
they a continuously adjusted and can be defined at the time of order.
3) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be
modified or refined during an NJPA member's final Contract phase process).
1. The NJPA member places the purchase order with either Multiquip directly or with a local
distributor as assigned by Multiquip.
2. Multiquip processes the order.
3. Multiquip ships directly to the NJPA member, local distributor, or other location as requested
by the member.
4. Multiquip or Multiquip's distributor invoices the NJPA member.
5. Multiquip logs the NJPA sale and compiles a quarterly sales report for NJPA.
a. Please specify if you will be including your dealer network in this proposal. If so, please specify how
involved they will be. (For example, will the dealer accept the P.O?), and how are we to verify the specific
dealer is part of your network?
Multiquip's distributor may be included in this process if requested by the NJPA member or if the
NJPA member contacts our distributor directly. Multiquip is responsible for reporting all Multiquip
sales to NJPA members that are made directly by Multiquip or through our distributor network.
4) Do you accept the P-card procurement and payment process?
Multiquip does accept P-cards.
Warranty
5) Describe, in detail, your Manufacture Warranty Program including conditions and requirements to qualify, claims
procedure, and overall structure.
A copy of Mulbquip's Warranty Policy is attached.
6) Do all warranties cover all products/equipment parts and labor?
Materials and labor are covered as described in the attached Warranty Statement.
7) Do warranties impose usage limit restrictions?
Our standard warranty including usage limit restrictions is described in the attached Warranty Statement.
8) Do warranties cover the expense of technicians travel time and mileage to perform warranty repairs?
Our standard warranty policy is described in the attached Warranty Statement.
9) Please list any other limitations or circumstances that would not be covered under your warranty.
Our standard warranty policy is described in the attached Warranty Statement.
68 of 78
10) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform
warranty repairs. How will NJPA Members in these regions be provided service for warranty repair?
Warranty repair centers are available in all geographic regions of the United States and Canada.
E ui ment/Product/Services Pricing, and Delive
11) Provide a general narrative description of the equipment/products and related services you are offering in your
proposal.
Multiquip offers a full range of portable construction products including rammers, plate compactors, drum rollers,
generators, welders, dewatering pumps, water trailers, concrete mixers and vibrators, concrete trowels and
screeds, saws, light towers, and Globug lighting.
12) Provide a general narrative description of your pricing model identifying how the model works (line item and/or
published catalog percentage discount).
The pricing model is based on our standard published MSRP Prices and discounts from the MSRP Prices. The
discount may vary between various product categories. Freight charges will be charged at either a percentage of
the sale (for most LTL shipments) or will be charged at actual freight charges (for most flatbed shipments).
13) Please quantify the discount range presented in this response pricing as a percentage discount from MSRP/published
list.
Discounts from MSRP will range from 20% to 42%, dependent on the product category.
14) Provide an overall proposed statement of method of pricing for individual line items, percentage discount off
published product/equipment catalogs and/or category pricing percentage discount with regard to all
equipment/products and related services and being proposed. Provide a SKU number for each item being proposed.
All discounted pricing offered on the NJPA contract is calculated to ensure NJPA members are procuring at
extremely competitive prices at compared to those that might be offered in the open market. Our pricing
considerations include the volume of procurement opportunities offered by NJPA members as a whole. Our
attached price schedule includes both MSRP and net pricing to NJPA members.
15) Propose a strategy, process, and specific method of facilitating "Sourced Equipment/Products and/or related Services"
(AKA, "Open Market" items or `Non -Standard Options").
Any NJPA requirements that include non-standard options will be accessed for viability. Multiquip has processes
in place to manage these requirements if they are deemed required and viable.
16) Describe your NJPA customer volume rebate programs, as applicable.
Not applicable.
17) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included "Pricing" submitted with
your proposal response. Identify to whom these charges are payable to and their relationship to Proposer.
Total Cost of Acquisition for contracted items not included in the pricing will include freight charges which will be
defined during the procurement process.
18) If freight, delivery or shipping is an additional cost to the NJPA member, describe in detail the complete shipping and
delivery program.
Multiquip has determined that it is in the best interest of NJPA and its members to base freight charges when
possible on a percentage of the sales order. This is based on Multiquip's experience in shipping to locations
throughout the United States and Canada for over 40 years, and on the recommendations received from our
freight forwarders. Freight charges will be charged as a percentage of the sale for most LTL shipments or will be
charged at actual freight incurred for most flatbed shipments. Our objective is to ensure that any freight charged
is competitive, fair, and consistent. It is not Multiquip's intention to make any profit from freight charged.
19) As an important part of the evaluation of your offer, indicate the level of pricing you are offering.
Prices offered in this proposal are:
a. Pricing is the same as typically offered to an individual municipality, Higher Ed or school
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district.
b. Pricing is the same as typically offered to GPOs, cooperative procurement organizations or
state purchasing departments.
X c. Better than typically offered to GPOs, cooperative procurement organizations or state
purchasing departments.
d. Other; please describe.
20) Do you offer quantity or volume discounts?
X YES NO Outline guidelines and program.
Quantity discounts may be offered if Multiquip can realize cost saving efficiencies in providing the requested
quantities. Potential quantity discounts are assessed on a case by case basis.
21) Describe in detail your proposed exchange and return program(s) and policy(s).
A Return Material Authorization (RMA) must be obtained from Multiquip prior to shipment of returned goods.
Approval is at the sole discretion of Multiquip. A copy of the approved RMA must accompany the return
shipment. Only goods listed on our current price schedule will be considered. Such goods must be in new and
resalable condition in the original package. Credit for returned goods will be issued at the net purchase price and
may include a restocking charge of up to 15%. Returns will be shipped to Multiquip's designated location with
freight prepaid at Purchaser's expense.
22) Specifically identify those shipping and delivery and exchange and returns programs as they relate to Alaska and
Hawaii and any related off shore delivery of contracted products/ equipment and related services.
Multiquip's shipping, delivery, exchange, and returns program as they relate to Alaska, Hawaii, and related off
shore locations is the same as described above.
23) Please describe any self -audit process/program you plan to employ to verify compliance with your anticipated
contract with NJPA. Please be as specific as possible.
Our self -audit process includes a specific "order reason" category we have established for NJPA. We have
conducted, and continue to refresh, NJPA training for all order entry personnel. An order received for an NJPA
member, either directly or thru a Multiquip distributor, is electronically tagged and pricing is verified to ensure
compliance and accuracy. Reports are run at the end of each quarter, or as needed, which list all NJPA order
activity.
Industry Specific Items
24) What is your US market share for the solutions you are proposing in this response?
Market shares in our industry are only estimated. However, from information gathered from customers, surveys,
and industry publications, Multiquip's perception is that we are the market share leader in many of the product
categories we offer.
25) Do you hold any industry -specific quality management system certifications such as ISO 9001 ?
We have several manufacturing locations. Some of these locations hold ISO 9001 certifications.
26) Do you hold any environmental management system certifications such as ISO 14001?
No.
27) What is your Canadian market share (if any) for the solutions you are proposing in this response?
Unknown.
28) Is your warranty program handled directly, or does it require a pass through to another manufacturer?
We manage our warranty program directly. However, in some cases specific components require a pass through
to another manufacturer. This is generally the case for the engines we use in our products.
29) For how many years have the models you are proposing in this response been available in the marketplace?
70 of 78
Multiquip continues to improve and innovate our products. Because of this our product models go thru continuous
updates and supersession. So although most Multiquip products available today have been offered for more than
20 years, the specific model tied to that product may have been available in the marketplace for five years or less.
30) What is your parts order fill rate?
Currently shipping at a 96.5% fill rate within 24 hours of order.
31) Do you provide preventive maintenance programs for the solutions you are proposing in this response?
We do not directly provide preventive maintenance programs but can assist members with preventive
maintenance training and can direct them to servicing organizations that can be contracted within their geographic
area.
Signature:
71 of 78
Form G
rortapie construction
ana iviaintenance
equipment
and Trailers
With Related
Accessories,
Attachments and Supplies
Clark Equipment
General Engines
J & J Trailers
dba Doosan
Co. dba Eager
Manufacturing
Solar Technology
Trail King
Portable Power
Beaver Trailers
and Sales Inc.
Multiquip Inc.
Panel Built Inc.
Inc. Sullair LLC
Industries Inc.
Possible
Points
Conformance to Term
Conditions to Include
Documentation
50
41.25
33.00
25.00
38.25
36.25
36.75
40.75
39.00
Pricing
400
305.00
287.50
231.25
316.25
270.00
290.00
306.25
300.00
Financial, Industry and
Marketplace Successes
75
63.25
51.25
46.25
65.00
51.25
51.25
66.25
60.75
Bidder's Ability to Sell/
Service Contract
Nationally
100
81.75
55.00
30.00
80.75
57.50
58.75
81.25
66.25
Bidder's Marketing Plan
50
40.00
30.00
27.50
39.25
35.75
31.25
40.25
37.50
Value Added Attributes
75
58.75
45.00
45.00
58.75
51.25
47.50
55.00
55.00
Warranty Coverages and
Information
50
39.50
38.75
39.50
39.50
38.75
40.75
39.50
40.00
Selection and Variety o
Products and Services
Offered
200
146.25
122.50
147.50
158.75
123.75
132.50
133.75
135.00
Total Points
1,000
775.75
663.00
2.00
796.50
664.50
688.75
763.00
3.50
Ginge L e, CPPB, NJPA Tracy Plinske, NJPA Jona Yahn, JD, NJPA
Er
Keith Hanson, CPA, NJPA Gregg eierhofer, CPP , NJPA
72 o178
Regular Meeting of the
NATIONAL JOINT POWERS ALLIANCE®
Board of Directors
Tuesday, July 21, 2015
Executive Conference Room
202 12t' St. NE, Staples, MN 56479
Chair Wilson called the Regular Board meeting to order at 5:55p.m. with the following members
present: Mike Wilson, Mary Freeman, Scott Veronen, John Poston, Barb Neprud, Colleen Seelen, and
Sara Nagel. Also present was Mary Klamm, Ex-Officio, and Chad Coauette, Susan Nanik, Paul Drange,
Misty Myers, Jeremy Schwartz, Jeremy Schneider, Bev Hoemberg, Mike Domin, and Deb Cervantez,
NJPA staff.
Ms. Nagel moved, seconded by Ms. Seelen to accept the agenda as amended. Motion carried.
Ms. Seelen moved, seconded by Ms. Neprud to accept the minutes of the Regular Board Meeting held
on June 16, 2015. Motion carried.
Dr. Coauette presented the monthly Financial Reports.
Ms. Freeman moved, seconded by Ms. Seelen to approve the check register and Treasurer's Report of
Cash, Revenues, and Expenditures and to pay all vendor disbursements #85275 to #85600. Motion
carried.
Ms. Freeman moved, seconded by Mr. Poston to approve all Wire Transfers #366 to #390. Motion
carried.
Ms. Neprud moved, seconded by Mr. Veronen to accept the Consent Agenda as follows:
• Updated Membership Agreements Members added June 1-30, 2015
• Approve Authorization to Solicit ezIQC State of North Carolina
• Approve Authorization to Re -Solicit
o Passenger Cars, Light Duty, Medium Duty and Heavy Duty Trucks with Related
Accessories
o Professional Consulting Services with Related Supplies and Accessories
o Public Safety Related Equipment with Supplies, Accessories and Services
o Administrative Software with Related Goods and Services
o Airfield Marking Paint
o E-Rate Associated Telecommunications, Internet Access and Internal Connectivity
Related Goods and Services
o Floor Covering with Related Supplies, Equipment and Services
o Express Courier, Overnight, Ground Delivery Logistics Services
o Classroom Sound Enhancement with Related Accessories, Supplies and Services
o Exercise and Rehabilitation Equipment with Related Accessories, Supplies and Services
o Elevators, Escalators, Power Walks with Related Services, Accessories and Supplies
• Approve Bid Evaluation Committee's Recommendation to Award RFP #052015 for Portable
Construction and Maintenance Equipment and Trailers with Related Accessories, Attachments
and Supplies to:
o Clark Equipment Company dba Doosan Portable Power
o Multiquip, Inc.
o Sullair, LLC 73 of 78
o Trail King Industries, Inc.
• Approve Bid Evaluation Committee's Recommendation to Award RFP #061015 for Fleet -Related
Maintenance Equipment, Supplies, Services, and Inventory Management Solutions to:
o
Ford Motor Company
o
Genuine Parts Company/NAPA Integrated Business Solutions (IBS)
o
Mohawk Resources, Ltd.
o
Vehicle Service Group, LLC/Rotary Lift
o
Stertil-Koni USA, Inc.
• Approve Bid Evaluation Committee's Recommendation to Award RFP #061715 for Earthquake
Early Warning Systems and Related Products or Services to:
o
No Awards Recommended
• Approve Bid Evaluation Committee's Recommendation to Award RFP #072115 for ezIQC State
of Georgia to:
o
F.H. Paschen, S.N. Nielsen & Associates, Inc.
GA-072115-FHP
o
LESCO Restorations, Inc.
GA-072115-LRI
o
Kellogg, Brown & Root
GA-072115-KBR
o
Centennial Contractors Enterprises, Inc.
GA-072115-CCE
o
HITT Contracting, Inc.
GA01-1-072115-HIT
o
Prime Contractors, Inc.
GA01-1-072115-PCI
o
Astra Construction Services, LLC
GA02-2-072115-ACS
o
Osprey Management LLC
GA03-1-072115-OML
o
Johnson-Laux Construction, LLC
GA03-2-072115-JLC
o
HCR Construction, Inc.
GA03-3-072115-HCR
o
Engineering Design Technology
GA04-1-072115-EDT
o
Red Cloud Services, LLC
GA05-1-072115-RCS
o
Rubio and Son Interiors, Inc.
GA07-1-072115-RSI
o
Greene & Burdette Property Management, LLC
GA07-2-072115-GBP
o
J.J. Morley Enterprises, Inc.
GA10-1-072115-JME
o
HITT Contracting, Inc.
GA11-1-072115-HIT
• Approve Renewal of Agreements with:
o
Jacobsen, a division of Textron, Inc.
070313-JCS
o
ESM Solutions Corporation
052512-ESM
o
Agile Access Control, Inc.
050613-AAC
o
Pitney Bowes
043012-PIT
o
Deere & Company
070313-DAC
o
Kubota Tractor Corporation
070313-KBA
o
Flex-O-Lite
052412-FOL
o
AssetWorks, Inc.
050613-AWI
o
Automotive Rentals, Inc.
080212-ARI
• Approve Renewals of ezIQC Agreements with:
o
The Matthews Group, Inc.
VA-RNK-061813-TMG
o
The Matthews Group, Inc.
VA-060811-TMG
o
The Matthews Group, Inc.
MDBCG-022912-TMG
o
Centennial Contractors Enterprises, Inc.
GA03-062911-CCE
o
Centennial Contractors Enterprises, Inc.
GA07-062911-CCE
o
F.H. Paschen, S.N. Nielsen & Associates, Inc.
GA06-062911-FHP
o
F.H. Paschen, S.N. Nielsen & Associates, Inc.
GA08-062911-FHP
o
F.H. Paschen, S.N. Nielsen & Associates, Inc.
GA11-062911-FHP
o
J.J. Morley Enterprises, Inc.
GA10-062911-JME
o
Johnson-Laux Construction, LLC
GA12-062911-JLC
o
LESCO Restorations, Inc.
GA05-062911-LRI
•
Sorensen Gross Construction ServiFfsof*C
GA02-062911-SGC
Motion carried.
Mr. Domin gave an in-service on what his position as Membership Relations and Communications
entails.
Mr. Drange gave an update of Regional Programs.
Mr. Schwartz gave an update on how contracts are awarded and maintained.
Mr. Schneider gave an update on metrics data.
Ms. Nanik gave an update on the facility expansion.
Proposed revisions to the Travel Policy were reviewed.
Ms. Neprud moved, seconded by Ms. Seelen to approve Dr. Chad Coauette as the Identified Official
with Authority for the Minnesota Department of Education External User Access Recertification System.
Motion carried.
Ms. Neprud moved, seconded by Mr. Poston to approve the Staffing Agreement with Benton -Stearns
Education Coop for the PBIS Coordinator. Motion carried.
Mr. Poston moved, seconded by Ms. Neprud to approve the Individual Employment Contract with Erin
Engness, PBIS Coordinator. Motion carried.
Ms. Neprud moved, seconded by Ms. Nagel to approve the revised Administrative Specialist;
Membership & Marketing job description and retro pay to July 1, 2015. Motion carried.
Mr. Veronen moved, seconded by Mr. Poston to approve internally opening an additional Graphic
Design Specialist position. Motion carried.
Ms. Seelen moved, seconded by Ms. Nagel to approve hiring Tanya Nelson, Administrative Specialist;
Legal effective July 20, 2015, and open Administrative Specialist; Receptionist position. Motion
carried.
Mr. Poston moved, seconded by Ms. Neprud to approving hiring Tracy Plinske, Contract Management
Specialist effective date to be determined, and open Contract Procurement Analyst position. Motion
carried.
Ms. Neprud moved, seconded by Mr. Poston to approve hiring Mike Carlson, Director of Finance
effective August 3, 2015. Motion carried.
Mr. Poston moved, seconded by Mr. Veronen to approve the following part-time Education Consultant
contracts:
• Gwynne Gildow up to 30 days
• Jean Weyer up to 40 days
• Lisa Novak up to 10 days (purchase of service from Menahga School District)
Motion carried.
Ms. Neprud moved, seconded by Mr. Poston to approve the Independent Consultant Agreement with
Marilyn McKeehen. Motion carried.
75 of 78
Mr. Poston moved, seconded by Ms. Nagel to approve the resignation of Amanda Kennedy,
Collaborative Service Worker, effective July 31, 2015 and open position. Motion carried.
Ms. Nanik gave the staffing update.
Dr. Coauette reported on the metrics planning update, MSC Conference review, and board member
follow-up meetings.
Ms. Freeman reported on the hiring of Mary Klamm as the new superintendent at Staples Motley
School District.
Ms. Nagel moved, seconded by Mr. Poston to adjourn the meeting at 8:05 p.m. Motion carried.
76 of 78
CONTRACT FOR PORTABLE CONSTRUCTION & MAINTENANCE EQUIPMENT &
TRAILERS WITH RELAED ACCESSORIES, ATTACHMENTS & SUPPLIES
ATTACHMENT B
CITY OF SOUTH MIAMI QUOTATION #20665808 QT
77 of 78
MULTIOUIP INC. Quotation
U2
18910 WILMINGTON AVENUE . CARSON, CA 90746
POST OFFICE BOX 6254 . CARSON. CA 90749
U (310) 537-3700 , 800/421-1244 . FAX: (310) 537-3927
LTHM
Sold -to .. ( 425937 )
City of South Miami
6130 SUNSET DR
South Miami FL 33143-5093
Ship -to (425937 }
City of South Miami
6130 SUNSET DR
South Miami FL 33143-5093
isno �
Document Information
Quotation # 20665808 QT Date 05/29/2019
P.O. # Date
Estimated Ship 06/22/2019
Requested Ship 05/29/2019
Carrier No 406369 MULTIQUIP LTL C/O EC
Entered by J W OOTEN
Order Reason P22 ORDR Sourcewell
Currency USD
Delivery PPS Prepay/Chrg SPL Frt (Units)
Payment Terms Net 30
Within 30 days without deduction
Availability is subject to stock on hand at the time purchase
order is received.
Quote is valid for 30 days from Issue date.
Item
oolo
Material Plant B/O Order Qty Gross Price EA
WT5HP A212 1 1.000 10,090.00
WATER TRAILER 525G HP TRLR70
Net Price EA
6,861.20
Total Value
6,861.20
Items total
6,861.20
Freight (Units)
2,250.00
Total amount
9,111.20
Sourcewell member # 96920
Multiquip Sourcewell Contract # 052015-MTQ
Current lead time 2-3 week lead time
FOB Boise, ID - Freight to South Miami, FL, included
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