HomeMy WebLinkAboutbocc.con.041.2017QITKrN Pitkin County
COUNT'i Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Firkin County
Project Manager.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement help @pitkincuunty com). Any contracts $50,000 and over will be routed for signatures to County Manager
and Attorney's Office (if required) by Procurement &. Contracts Manager.
Contract Information
t Number
041.2017
Name
Ai ort Runwa Broom
tor
OJ Watson
Line Item
404.67.00952.86650nal
jBudet
Budget Line Items)
notes m Finance
( lick her, to enter text.cial
t Start Date
1/12/2017
t End Date
11/1/2017
tic Renewal
Yes ❑ No®0
rnc[ion: Retain e Click here to enter text.
If thic i5 ane 1
w contractor, p ease request they complete and submit [o Finance a W-9 Form.
Contact Information:
Provide a brief description of the contract:
Purchase of One Oshkosh H series Runway Broom
Contract Value Summary:
Procurement Method:
None ❑ Informal❑ Formal ® Sole Source ❑ Emergency ❑ Contract Renewal ❑
Contract Type:
Services/Maimenance ❑ Construction ❑ Goods, Equipment, Supplies
Change Order/Amendment ❑ Other, please explain O Click here to cmcr IcNt.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Contract#041.2017
Budget Line Item # 404.67.00952.86650
OUTSIDE AGENCY BID MEMORANDUM
TO:
File
FROM:
Jonah Frank, Fleet Manager
RE:
NJPA, National Joint Powers Alliance
DATE:
1-12-17
NJPA, National Joint Powers Alliance
1-12-17
RFP #102811 Passenger Car, Light Duty, Medium Duty, and Heavy Duty Trucks with
Related Accessory
NJPA creates national cooperative contract purchasing opportunities and solutions on behalf
of its members which include all government, education and non-profit agencies
nationwide. The county would benefit from purchasing thought this joint agreement Heavy
Construction Equipment. By using national purchasing power, proven procurement, quality
product and price agreement, along with the FAA acceptance of this procurement for
reimbursement.
Contract # 041.2017
Description of Project: One 4x4 20' High Speed Runway Broom
Budget: $ 670,000 Budget Line Item # 404.67.00952.86650
Outside Agency Procurement process used (Describe briefly the governmental agency
whose bid you are using and the terms and conditions of the resulting contract. Include a
copy of the outside agency bid in your file.):
Contractor Contacted:
OJ Watson
Craig Arndt
5335 Franklin St
Denver, Co 80216
303-295-2885
— Z—
lee[ age Date'County Manager Date
Contract #041.2017
Budget Line Item4404.67.00952.86650
�jTKIN
COUNT
G
CONTRACT FOR THE PURCHASE OF
Airport Runway Broom
THIS CONTRACT is made and entered into this 12" day of January, 2017, by and between the
Pitkin County, Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611
(hereinafter "County") and OJ Watson Equipment, (hereinafter "Vendor").
1. GOODS PURCHASED. Vendor shall provide County the following goods conforming to
the stated description and any Technical Specifications attached to this contract:
1 (one) Oshkosh H Series Front Mount Runway Broom per the attached specifications.
Per NJPA Contract # 102811
2. DELIVERY OF GOODS. Goods, together with all warranties, guarantees, manuals,
support information and notice of any extended warranties, shall be delivered by Vendor to the County at
the following place and time:
Place: 76 Service Center Rd Aspen, Colorado 81611
Date: October 1"2017
3. RISK OF LOSS. At all times prior to delivery and County's acceptance of the goods,
Vendor shall bear any and all risk of loss of or damage to the goods. luring such period, Vendor shall
insure the goods for loss or damage in amounts and under appropriate terms.
4. TBAF IS OF THE ESSENCE. Vendor acknowledges that time is of the essence for
delivery of goods.
5. LIQUIDATED DAMAGES. Vendor hereby agrees to be responsible to County for
liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount of
$1000.00 per calendar day for each day or part of a day that goods are not delivered on the date and time
established in accordance with this contact, The parties agree that the stated sum is a reasonable forecast
of fair compensation for the anticipated damages for delay and that they genuinely intend to liquidate such
damages. Any such damages are to be deducted from purchase price.
6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance
by County. County shall have 14 days for inspection of goods. At delivery and after inspection and
Contract #041.2017
Budget Line Item4404.67.00952.86650
1/17/16
acceptance, Vendor shall tender a Bill of Sale to the goods, together with any and all other documents
evidencing such ownership and title to the goods. The goods shall be delivered to County free and clear of
any liens, claims or encumbrances, and Vendor shall warrant the same, which warranty shall survive
closing of this contract.
7. REJECTION OF GOODS. If goods are not delivered according to the specifications and
descriptions of this contract, County may reject goods. Vendor shall have 14 days additional time to
deliver goods in conformance with this contract. Upon failure of Vendor to deliver goods, County may
terminate this contract or declare Vendor to be in default and pursue remedies contained in this contract.
WARRANTY/REPAft2S•
A. Delivery of Warranty. Upon delivery of the goods, Vendor shall simultaneously
tender to County all warranties, guarantees, manuals and other documents specified by the
contract documents or in possession of Vendor.
B. Terms of Warranty and Repair. The Vendor hereby warrants that for a period of 1
(one) year after goods are accepted, Vendor will, at Vendor's own expense, without any cost to the
County, replace all defective parts and make any repairs to the goods that may be required or made
necessary by reason of defective material or workmanship. Where practicable, warranty repairs are
to be made in the field; however, in the event of major repairs, the goods may be transported to
Vendor's facility at no cost to the County.
C. Extended Warranties. In addition to the above, the County may avail itself of the
Vendor's standard and/or extended warranties. The Vendor shall offer to the County any extended
warranties, which may be available from the manufacturer at the time of delivery, or any
subsequent extended warranties, for which the County may be eligible, which become available
thereafter. The County is under no obligation to accept and pay for these extended warranties
however.
9. PAYMENT. Full payment shall occur upon acceptance of goods delivered in compliance
with this contract. County Representative will manage the goods and products delivered by the Vendor
under this contract will be subject to review by the County's Representatives, or a designee, for
compliance with Vendors obligations prior to final payment. In consideration of delivery and acceptance
of the goods to County in accordance with this contract, County shall pay Vendor, and Vendor agrees to
accept as its full and only compensation, the stated sum of $647,687.00, but any payment by the County
may be offset by any amount the Vendor owes the County for any reason.
10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. County has the
right to terminate this contract, with or without cause, by giving written notice to the Vendor of such
termination and specifying the effective date thereof.
Contract #041.2017
Budget Line Item#404.67.00952.86650
1/12/16
It. COUNTY'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall
default in performance of this contract in accordance with its terms, County shall be entitled to suit for
damages, specific performance or other relief in law or equity.
12 ASSIGNABLILITY. This contract is not assignable by either party. Any use of
subcontractors by the Vendor for performance of this contract must be accepted in writing by the County.
13. BINDING ARBITRATION. Any disputes arising out of this contract shall be subject to
binding arbitration. The parties agree that any disputes concerning the terms and conditions of this
contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to
the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing
Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to
the substantially prevailing party.
14. SEVERABB,ITY. In the event that any provision of this contract shall he held to be
invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto
15. INTEGRATION AND MODIFICATION. This contract represents the entire and integrated
contract between the County and Vendor and supersedes all prior negotiations, representations, or contract,
either written or oral. This contract maybe amended only by written contract signed by both the County and
Vendor.
16. EXEMPTIONS. All purchases of construction or building or any other materials for this
contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin
County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K.
17. CONTRACT MADE IN COLORADO. The parties agree that this contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be
exclusively in the courts of Pitkin County, Colorado.
18. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of the
}provisions of this contract beyond the arbitration described in Paragraph 13, the substantially prevailing party
shall be entitled to its costs and reasonable attorney's fees.
19. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that County is relying
on and does not waive, by any provision of this contract, the monetary limitations or terms (presently
$150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to time
amended, or otherwise available to County or any of its officers, agents or employees. Further, nothing in
this contract shall be construed or interpreted to require or provide for indemnification of the Vendor by the
County for any injury to any person or any property damage whatsoever which is caused by the negligence or
other misconduct of the County or its agent or employees.
Conaact#041.2017
Budget Line Item#404.67.00952.86650
1/12/16
20. CURRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any
payments provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County as County. Pitkin County's obligations under this contract are
subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the
services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement
in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the
contract shall be construed or interpreted as creating a multiple -fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation.
This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those
appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall be construed
to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this
contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or
source of Pitkin County's money.
21. NOTICE. Any written notice required by this contract shall be deemed delivered through
any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with
confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first
class mail, postage prepaid, return receipt requested addressed as follows;
A. To Pitkin County with copies to:
Jonah Frank Pitkin County Attorney's Office
Fleet Manager
76 Service Center Road 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
970-920-5393 Fax: (970) 920-5198
B. To Vendor:
C. Pitkin County Alternate
OJ Watson Equipment
Jennifer Mitchley
Craig Arndt
Airport Administrator
5335 Franklin st
233 W Airport Rd,
Denver, Cc 80216
Aspen, CO 81611
303-295-2885
907-429-2854
Contract #041.2017
Budget Line Item#404.67.00952.86650
FIN WITNESS WHEREOF, the parties have executed this contract as of the date first set out
herein above.
VENDOR:
0
Leader
Date
PITKIN COUNTY COLORADO
1/12/16
2 Azoli
NJPA National .Ininr Pn,a e. Alli.,.,..,.
Delive State Cheasla Baso Prke
Coloratlo 52555)2
NJPA FactoEy Supplied Com oneab
Wbdcalion data ate
520100
PinOe hook al rear 6N vedice130K max badm
Coolant healer drivean ine
5538.00
0tiva en ineu rade to SOOHP
$805.00
Hi hFlleaM cruise coMml
$18353.0
Side access tlrain valves dive Iw
$])600
$377.00
Si o aide fill for fuel larks
$108$ W
Derr Miller in had of rev aide dist nett digerendial
52831.00
29K Front Ade
$86]2.00
26K Rear Ade with All Wheel Steer
$25,224.00
Aircondilioni
$9140.00
Cab Dal a-1] 5 Gallon Remenou Wilh Wet And S atom
AMIFMradowilh Weatberberdanc CD Is r
$2,381.00
$762.00
Heated front winesruirld
52,65200
leatetlwi erblades
saki
Side windowwi ars nonheated
$653.00
U orde a8enalo 270 a had d 17e
$941,00
Jun start terminals at the baKa box
s226.0o
Amber PeduxdI hta on cab One Each Sine of Gb
$493.00
HID d/win I' Ma one set
$1645.00
manked -Poolges. .."Oke 6000 Mantle wane-O 2
Atld amber want light rear
$582.00
$189.00
HJUl tsalmaren in eeoklosureow.alM2
AIT—&
NJPA Chasaic Gm 1 T tel'
g33> ]6]
Tapered Bumper With Laver Bumper No Lights
Lox Transmission Oil Level Sensor
Fire ENngusber, IWb ABC, Cab Mounted
Mdcvola %PR 5550 VHF 45 Wall w/Antenna
Imm IC A-104)24 Airband Mobile Rad., 20 Channel Programmebla
with External Speaker 8 Antenna
Oshkosh 20 Rumvay Broom, Gcselle Coes, 100% Wire Bdst,ss,
35 Degree Single Pivot Hitch, Air Flied Casters, I ibreror, Show
Shan Rood
OJ Watson PDI, Delivery Set -Up, Training
Freight and Dell. - AVOleten Wlro Aside, CO.
$248,024
Aluminum Tod Box 18'x15'k15-
Stainless Steel Drive Engine Exhaust Grille
Upgrade - Nina. 45W RDS Tranamisabn - 4 Speed
Five Year Wened,- ANisoo RDS 4500
Brass Axle Drain Plugs
ADIPAir Dryer
Healed Expelo Drain Valves- No Cables
Upgrade- Michelin 3951851120 Tires
Cab Mounted Defroster Fan.
Spare Heatetl Windshield - On, 1
Rear View Raek-Up Camera
Amber Sow Plow Lights- One Each Side of Cab
Underbody Chordal Lights, Swite, Acgveled In Cab
Oshkosh Rust Protection
Four (4) Spare Boon Caster Wheels
Two (2) Sets Of Paper Manuals - Complete
Two (2) Copes of Manuals on CO - Complete
One (1) Copy Alison Transmisson Manual
Oshkosh Chassis S Brown Warranty - One (1) Year
Lutheran, also Graphics Installed at Oshkosh
SV-LCD70M Camera, 1-DaG up and 1 forward fee,
SV41W DVR Rewider
Federal PA 300 wrDyns Max ES 1000 Speaker
Bask Maim Training (2 Peope, 5 Gym) I Osho mh
Eledrieel And Hydraulic Training (2 People, 5 Days) At Oshkosh
OJ Wallop n -service lounin Air Hold Instill
$61,1196
NJPADoemakt Pm e.el Total$64768]
Spina Cores poo Total Cores)
$2],468
Spare Bustles (One Canp6#e Refill Set)
$9,560 i rT 0
5'a YEAR RENEWAL OF AGREEMENT
Made by and Between
Oshkosh Airport Products, LLC (Vendor)
3100 N. McCarthy Road
Appleton, WI 54913
and
National Joint Powers Allia ce® (NJPA)
202 12" Street NE
Staples, MN 56379
Phone: (218) 894-1930
Whereas:
"Vendor" and "NJPA" have entered into an "Acceptance mid Award N 102811 -OKC" for the
procurement of Passenger Cars, Light Duty, Medium Duty, and Heavy Duty Trucks with
Related Accessories, and having a maturity date of January 17, 2016, and which are subject to
annual renewals and a 5* year extension at the option of both parties.
Members of NJPA would benefit from exercising the fifth year option. "Vendor' and "NJPA"
hereby desire and agree to exercise the 50 year renewal option far the above defined contract for
the period of January 17, 2016 to January 17, 2017.
By: _
Name
Date
Its: Executive Director/CEO
By: ✓���/ I \d Ll .Its: .tei W'k
Name printedor typed: �Yf•c7
Date
National Joint Powers Alliance® (herein NJPA)
REQUEST FOR PROPOSAL (herein RFP)
for the procurement of
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY
TRUCKS WITH RELATED ACCESSORIES
RFP Openin¢
October 28, 2011
8:00 AM Central TIME
At the offices of the.
National Joint Powers Alliance®
200 First Street Northeast, Staples, MN 56479
RFP #102811
The National Joint Powers Alliance® (NJPA) issues this request for proposal (RFP) to provide PASSENGER CARS,
LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH RELATED ACCESSORIES, Specifications
and details of this RFP are available beginning September 6, 2011 and continuing until October 4, 2011. Details and
specifications may be obtained by letter of request to Gregg Meierhofer, NJPA, 200 First Street Northeast, Staples, MN
56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until October 27, 2011 at 4:30 p.m. Central Time at
the above address and opened October 28, 2011 at 8:OOAM Central Time.
The text above is the Public Notice to Proposers to be used by NJPA
Direct questions regarding this RFP to:
Gregg Meierhofer at greee.meierhoter(alnioac000.org or (118)894-1930
RFP Procedures offers the methods for submitting questions.
Page 1 of 47
RFP Timeline
September 6 1011 and
• Publication of RFP in the print and online Minneapolis Star Tribune, the
September 13, 2011
NJPA website, and on the website ofnoticetobidders.com
October 4, 2011
• Deadlinefor RFPrequests
October 7, 2011 AM Central
. Pre -Proposal Conference (webcast — conference call)
October 27, 20114:30 PM.
• Deadline for Submission of Proposals
Central
October 28, 20118:OOAM Central
• Public Opening of Proposals
Direct questions regarding this RFP to:
Gregg Meierhofer at greee.meierhoter(alnioac000.org or (118)894-1930
RFP Procedures offers the methods for submitting questions.
Page 1 of 47
RFP 081411
TABLE OF CONTENTS
L INTRODUCTION
A.
About NJPA
B.
Joint Exercise of Powers Laws
C.
Why Propose a National Cooperative
Procurement Contract
D.
The Intent of this RFP
E.
Scope of this RFP
F.
Expectations for Products/Services
Proposal evaluation criteria
being Proposed
G.
Certification — Firm offer in contract
H.
Pre -Proposal Conference
2. DEFINITIONS
A.
Proposer—Vendor
B.
Contract
C.
Time
D.
Proposer's Response
E.
Currency
F.
FOB
3. INSTRUCTIONS
TO PREPARING YOUR
PROPOSAL
A.
Pre -Proposal Conference
B.
Identification of key personnel
C.
Proposer's exceptions to terms and
Hub Partner
conditions
D.
Formal instructions to Proposers
E.
Questions and answers about this RFP
F.
Modification or withdrawal of a
H.
submitted Proposal
G.
Value added attributes,
this RFP
products/services
H.
Certificate of Insurance
I.
Order Process and/or Funds Flow
J.
Administrative Fees
4. PRICING STRATEGIES
A.
Line -Item Pricing
B.
Mass Produced Production Vehicles
C.
All other Vehicles and accessories
D.
Hot List Pricing
E.
Ceiling Price
F.
Volume Price Discounts
G.
Sourced Goods
H.
Cost Plus a Percentage of Cost
I.
Total Cost of Acquisition
J.
Requesting Product and Service
Data Privacy
additions/deletions
K.
Requesting Pricing Changes
L.
Pricing and Products Changes Format
M.
Single Statement of Pricing — Historical
K.
Record of Pricing
N.
Payment Terms
O.
Sales Tax
P.
Shipping and Shipping Program
Q.
Normal Working Hours
2 of 47
5.
MARKETING PLAN
6.
PROPOSAL OPENING PROCEDURE
7.
EVALUATION
OF PROPOSALS
A.
Proposal evaluation process
B.
Proposer Responsiveness
C.
Proposal evaluation criteria
D.
Cost Storing Evaluation
E.
Product Testing
F.
Past performance information
G.
Waiver of formalities
8.
POST AWARD OPERATING ISSUES
A.
Subsequent Agreements
B.
NJPA Member sign-up procedure
C.
Reporting of sale activity
D.
Audits
E.
Hub Partner
F.
Trade -Ins
G.
Out of Stock Notification
H.
Termination of a Contract resulting from
this RFP
9.
GENERAL TERMS AND CONDIITONS
A.
Advertisement of RFP
B.
Advertising a Contract Resulting From
this RFP
C.
Applicable law
D.
Assignment of Contract
E.
Proposers List
F.
Captions, Headings, and Illustrations
G.
Confidential Information
H.
Data Privacy
1.
Entire Agreement
J.
Force Majeure
K.
Gratuities
L.
Hazardous Substances
M.
Legal Remedies
N.
Licenses
O.
Material Suppliers and Sub -Contractors
P.
Non -Wavier of Rights
Q.
Protests of Awards Made
R.
Provisions Required by Law
S.
Public Record
T.
Right to Assurance
U.
Suspension or Disbarment Status
V.
Human Rights Certificate
W.
Severability
X.
Relationship of Parties
10.
FORMS
A,B,C,D,E,G,H,I
11.
PRE -SUBMISSION
CHECKLSIT
12.
ATTACHMENT I (I&M Price Sheet)
RFP 081411
INTRODUCTION
A. ABOUT NJPA
Ll 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
§ 123A.21 with the authority in develop and offer, among other services, cooperative procurement
services to its membership. Eligible membership includes states, cities, counties, governmental agencies,
both public and non-public educational agencies, colleges, universities and non-profit organizations. This
Minnesota Statute also allows for service to NJPA Member agencies in Minnesota and all other states.
1_2 To this end, NJPA has established a series of procurement contracts with various Vendors of
products/services which NJPA Members 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.nioacoomora.
1_3 NJPA's publicly elected Board of Directors calls for all proposals, awards all Contracts, and hosts
those resulting Contracts and offers them for the benefit of its Membership.
1.3.1 Subject to Approval of the Board: Any award of Contract made by an authorized NJPA
Employee will be subject to such action by the NJPA Board of Directors.
1_4 NJPA currently serves over 30,000 member agencies. Both membership and utilization of NJPA
Contracts continues to expand at exponential rates. The value of our Contracts driven to our Members is
reflected in our growth.
B. JOINT EXERCISE OF POWERS LAWS
1_5 NJPA cooperatively shares those contracts with its Members nationwide through various "Joint
Exercise of Powers Laws" established in Minnesota and most other States. The Minnesota "Joint Exercise
of Powers Law" is Minnesota Statute §471.59 which states "Two or more governmental units ... may
jointly or cooperatively exercise any power common to the contracting partes..." Similar Joint Exercise
of Powers laws for each State of the United States can be found on our website at
httn://www.ninacoon.mPJLEARN/About/Legal.html and clicking on that state at the bottom of the web -
page.
C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT
1_6 National Cooperative Procurement Contracts create value for both Municipal buyers and their
Vendors of products/services in two ways:
1.6.1 We save the time and effort of many municipal buyers bringing individual procurement
proposals AND the time and effort of the Vendors in responding individually to those
invitations. A single invitation for a cooperatively held contract can replace potentially
thousands of invitations for the same items from individual NJPA Members.
1.6.2 We earn volume ourchasina discounts which are passed on to our Members. A single
awarded Proposal is likewise exposed to thousands of potential Municipal purchasing units
nationwide creating efficiency and savings to the business community as they sell products and
services to government and education agencies.
1_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that lower
prices, better overall value and time savings will be the result.
3 of 47
RFP 081411
1_8 The collective purchasing power of thousands of NJPA Members nationwide offers the opportunity
for volume pricing discounts. Although no volume is guaranteed by a Contract resulting from this RFP,
substantial volume is anticipated and volume pricing is requested andjustified.
1.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive
price. Pre -competed procurement contracts offer NJPA and its Members the ability to more directly
compare non -price factors in their procurement analysis and it offers Vendors the opportunity to display
those attributes without the timing and interpretation constraints of a typical individual proposal process.
D. THE INTENT OF THIS RFP
1.10 The intent of this RFP is to award an Exclusive Single Award Contract to a qualifying manufacturer
or distributor Proposer demonstrating a solution which meets and/or exceeds the requirements of NJPA
and its Members within the scope of PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND
HEAVY DUTY TRUCKS WITH RELATED ACCESSORIES. Qualifying Proposers must be able to
demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and the
ability to both market to and service NJPA Members in all 50 states. All proposals received will be
evaluated based on (among several other factors) their ability to provide the greatest utility to NJPA and
NJPA Members and across the widest spectrum of products and services.
1.11 NJPA desires a relationship with a vendor providing a broad may of equipment, products, supplies,
accessories and services anticipated and generally requested and desired by NJPA members from the
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH
RELATED ACCESSORIES industry. Those products and services must include those most commonly
used and desired by NJPA and its Members. NJPA is seeking a Prime and Exclusive Vendor relationship
to best serve the overall needs of NJPA and NJPA Members nationally.
1.12 Non -Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to
a non -manufacturer such as a dealer/distributor if such action is in the best interests of NIPA and its
Members.
1.13 Multiple Awards: Although it is NJPA's intent to award a contract to a single Vendor, NJPA
reserves the right to award a Contract to multiple Proposers where the responding Proposers are deemed
to lack the ability to appropriately service a national contract or such action is deemed to be in the best
interests of NJPA and its Members
1.14 Award by Board of Directors: An Award of Contract may be made by the NJPA Board of
Directors based on the recommendation of the NJPA Proposal Review Committee and on the best
interests of NJPA and its Members. NJPA is seeking a Prime, Exclusive Vendor relationship(s) to meet
this need. The goal and intent of this RFP is to follow through with a proposal award and contract to be
marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA to its
participating members.
1.15 Best Responsive — Responsible Proposer: It is the intent of NJPA to award a Contract to the best
responsible and responsive Proposer(s) offering the best overall quality and selection of products/services
and services meeting the commonly requested specifications of the NIDA and NJPA Members, provided
the Proposer's Response has been submitted in accordance with the requirements of this RFP.
1.16 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 Members.
1.17 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
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reserve the right to obtain like goods and services solely from this Contract or from another contract
source of their choice.
1.18 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 goods and services procured there from.
1.19 Sole Source of Responsibility- NJPA desires a "Sole Source of Responsibility" Vendor meaning the
Vendor will take sole responsibility for the performance of delivered products/services. NJPA also desires
sole responsibility with regard to:
L19.1 Scope of Products/Services: NJPA desires a single provider for the broadest possible
scope of the goods and services being proposed over the largest possible geographic area and to
the largest possible cross-section of NJPA Members.
1.19.2 Vendor use of subcontractors in sourcing or delivering goods and services: NJPA
desires a single source of responsibility for products/services proposed. Proposer's are assumed to
have sub -contractor relationships with all organizations and individuals whom are external m the
Proposer and are involved in providing or delivering the goods and services being proposed.
Vendor assumes all responsibility for the products/services and actions of any such Sub -
Contractor.
E. SCOPE OF THIS RFP
1.20 Additional Definition for the scope of this solicitation.
1.20.1 In addition to PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY
DUTY TRUCKS WITH RELATED ACCESSORIES, this solicitation should be read to
include:
1.20.1.1 OEM Production vehicles from the Manufacturer (OEM)
1.20.1.2 Alt Fuel Vehicles and Vehicles utilizing leading edge technologies.
1.20.13 Cab and Chassis Tracks
1.20.1.2 Dump Tracks, Service Bodies, Flat Beds.
1.20.1 NJPA reserves the right to limit the scope of this solicitation for market segments already
being serviced by existing NJPA procurement contracts.
1.21 Solutions Based Invitation:
1.21.1 All potential Proposers are assumed to be professionals in their respective fields. As
professionals you are deemed to be intimately familiar with the spectrum of NJPA and NJPA
Member's needs and requirements with respect to the scope of this RFP.
1.20.2 With this intimate knowledge of NJPA and NJPA Member's needs, Proposers are
instructed to provide their proposal response in a format describing their solutions to those current
and future needs and requirements. Proposers should take care to be economical in their response
to this RFP.
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1.21.3 Multiple solutions to the needs of NJPA and NJPA Member's are possible. Examples
could include:
1.21.3.1 Materials Only Solution: A Materials 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 materials
being proposed.
1.213.2 Tum -Key Solutions: A Tum -Key Solution is combination of materials and
services which provides a single price for materials, 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
1.20.3.3 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 Member's needs.
1.21.3.4 Proven — Accepted — Leading Edge Technology: Where appropriate and
properly identified, Proposers are invited to provide the CHOICE of an appropriately
identified spectrum of technology solutions to NJPA and NJPA Member's needs both
now and into the future.
1.22 Geographic Area to be Proposed: This RFP invites proposals to provide PASSENGER CARS,
LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH RELATED
ACCESSORIES 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 to serve Canada, for instance, will be viewed as a value-added attribute.
1.23 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 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 subcontractor 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.
1.24 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.
1.25 Contract Term: A contract resulting from this RFP will become effective the date established in the
"Offering and Award" (Form D). NJPA is seeking a Contract base tern of four years subject to annual
renewals as allowed by Minnesota Contracting Law. Full term is expected, however will only occur
through successful annual renewals. 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.
1.26 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
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and the value of the awarded contract.
1.27 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage
by NJPA and NJPA Members.
1.28 Largest Possible Solution: 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 products/services proposals as a part
of the award.
1.29 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 agencies, public and private
primary and secondary education agencies, and all non-profit organizations nationally.
1.30 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 PRODUCTS/SERVICES BEING PROPOSED
1.31 Industry Standards: Except as contained herein, the specifications or solutions for this RFP
shall be those accepted guidelines set forth by the PASSENGER CARS, LIGHT DUTY, MEDIUM
DUTY, AND HEAVY DUTY TRUCKS WITH RELATED ACCESSORIES industry, as they are
generally understood and accepted within that industry across the nation. Submitted products/services,
related services, and their warranties and assurances are required to meet and/or exceed all current,
traditional and anticipated needs and requirements of MPA and its Members.
1.31.1 Deviations from industry standards must be identified by the Proposer and
explained how, in their opinion, the products/services they propose will render equivalent
functionality, coverage, performance, and/or service. Failure to detail all such deviations may
comprise sufficient grounds for rejection of the entire proposal.
131.2 Technical Descriptions/Specific tions. Bidder's must supply sufficient information to:
• Demonstrate the Bidder's knowledge of industry standards, and
• identify the products and services being bid, and
• differentiate those products and services from others.
Excessive technical descriptions and specifications which, in the opinion of NJPA, unduly
enlarges the bid response may reduce evaluation points awarded on Form G.
1.32 Important note: MPA does not typically offer specific product and service specifications; rather
NJPA is requesting an industry standard or accepted specification for the requested products 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 Member's needs.
133 Commonly used Goods and Services: It is important that the products/services submitted are the
products/services commonly used by public sector entities.
134 New Current Model Goods: Proposals submitted shall be for new, current model 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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135 Compliance with laws and standards: All items supplied on this Contract shall comply with any
current applicable safety or regulatory standards or codes.
136 Delivered and operational; Products 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.
1.37 Warranty: The ProposerNendor warrants that all products, equipment, supplies, and services
delivered order 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, as a part of Tab 7, 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 die 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 the non -award.
1.38 Proposer's Warrants: The Proposer warrants all goods and services famished hereunder will be
free from liens and encumbrances; and 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 goods and services are suitable for and will perform in accordance with the
purposes for which they were intended.
G. CERTIFICATION — FIRM OFFER TO CONTRACT
139 By execution and delivery of a proposal, Proposer certifies:
1. The submission of the offer did not involve collusion or any other anti- competitive practices;
2. The ProposerNendor shall not discriminate against any employee or applicant for employment
in violation of Federal and State Laws (see Federal Executive Order 11246);
3. The Proposer has not given, offered to give, nor intends to give at any time hereafter any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or
service to a public servant in connection with the submitted offer (see Gratuities); and,
4. The Proposer agrees to promote and offer to Members only those products/services and/or
services as previously stated, allowed, and deemed a resultant of the contracts) as NJPA
contract items or services. This clause shall include any future product or service additions as
allowed through Contract additions.
1.40 A response to this RFP is a firm offer to Contract with the NJPA based upon the goals, intent, temns,
and conditions and scope of products/services contained in and referenced to in this invitation.
1.41 All stated terms and conditions, expectations to include the goals, intent and scope of this RFP as
described as a part of this RFP, are to be considered binding under the signatures of authorized parties and
are part of the Contract.
H. PRE -PROPOSAL CONFERENCE
1.42 A Pre -Proposal Conference (Webcast — Conference Call) will be held at the date and time identified
on the title page for this proposal.
1.43 An invitation with access infractions will be sent via e-mail to all inquirer's the morning following
the deadline for proposal inquiries (the day before the conference).
1.44 The purpose for the conference is to allow for questions from the Potential Bidders AND to allow for
input from the Potential Bidders regarding perceived improvements to this RFP.
1. DEFINITIONS
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A. PROPOSER -VENDOR
2_1 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. Such a
Proposer must exhibit the ability to offer an outstanding overall program and demonstrate the ability and
willingness to serve NJPA Members in all 50 states, and comply with all other requirements of this RFP.
2_2 Potential Proposer- A person or entity requesting a copy of this RFP
2_3 Proposer- A company, person, or entity delivering a timely response to this RFP.
2_4 Vendor- One of a number of Proposers whose proposal has been awarded a contract pursuant to this
RFP.
2_5 Request for Proposal- Herein referred to as RFP
& CONTRACT
2_6 "Contract" as used herein shall mean cumulative documentation consisting of this RFP, an entire
Proposer's response, and a fully executed "Acceptance and Award" pursuant to this RFP.
CMIYI&10
2.7 Periods of time, stated as number of days, shall be in calendar days.
D. PROPOSER'S RESPONSE
2_8 A Proposer's Response is the entire collection of documents as they are received by NJPA from a
Potential Proposer in response to this RFP.
E.CURRENCY
F. FOB
2_9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in
U.S. dollars.
2.10 FOB stands for "Freight On Board" and defines the point at which responsibility for loss and
damage of goods purchased are transferred from Seller to Buyer. "FOB Destination" defines the transfer
of responsibility for loss are transferred from Seller to Buyer at the Buyer's designated delivery point.
2.11 FOB does not identify whom is responsible for the costs of shipping. The responsibility for the costs
of shipping is addressed elsewhere in this document.
2. INSTRUCTIONS TO PREPARING YOUR PROPOSAL
A. PRE -PROPOSAL CONFERENCE
31 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. Only answers issued in writing by NJPA
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to questions asked before or during the Pre -proposal Conference shall be considered binding.
B. IDENTIFICATION OF KEY PERSONNEL
3_2 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.
33 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.
C. PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS
3_4 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions
contained herein must be documented on Form C.
3_5 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.
D. FORMAL INSTRUCTIONS TO PROPOSERS
3_6 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 clew 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.
3_7 All proposals must be sent to "The National Joint Powers Alliance®, 200 1" ST NE Staples, MN
56479."
3_8 Format for bid response: All proposals must be physically delivered to NJPA® at the above address
in the following format
3.8.1 Hard copy Original signed, completed, and dated forms C,D, E, H, and I from this RFP,
3.8.2 Hard copies of all addenda issued for the RFP with original counter signed by the Proposer,
3.8.3 Certificate of insurance verifying the coverage identified in this RFP,
3.8.4 Two complete copies of your response on A CD (Compact Disc) or flash drive containing
completed Pumas A,B,C,D,E,H, and 1, and your statement of products and pricing together with
all appropriate attachments
3_9 All Proposal forms must be legible. All appropriate forms must be executed by an authorized
signatory of the Proposer. Blue ink is preferred for signatures.
3.10 Proposal submissions should be submitted using the electronic form 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.
3.11 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.
3.11.1 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 infomtation will be publicly read.
3.12 Corrections, emsures, and interlineations on a Proposer's Response must be initialed by the
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authorized signer in original ink on all copies to be considered.
3.13 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this
RFP.
3.13.1 Proposer's are responsible for checking directly with NJPA, or checking the NJPA website
for addendums to this RFP.
3.13.2 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
3.14 Upon examination of this RFP document, Proposer shall promptly notify the Manager of Bids and
Contracts of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections and
changes to this RFP must be made by addendum. Interpretations, corrections, or changes made in any
other manner will not be binding and Proposer shall not rely upon such.
3.15 Submit all questions about this RFP, in writing, referencing "PASSENGER CARS, LIGHT
DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH RELATED ACCESSORIES to
Gregg Meierhofer, NJPA, 200 First Street NE, Staples, MN 56479 or RFP@njpacoop.org. Those not
having access to the Internet may call Gregg Meierhofer at (218) 894-1930 to determine if addenda have
been issued or to request copies of the RFP. Requests for additional information or interpretation of
instructions to Proposers or technical specifications shall also be addressed to Gregg Meierhofer. NIDA
urges Potential Proposers to communicate all concerns well in advance of the deadline in avoid
misunderstandings. Questions received less than seven (7) days ending at 4:00 p.m. Central Time of the
seventh (71h) calendar day prior to proposal due -date cannot be answered.
3.16 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.
3.17 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.
3.18 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.
3.19 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 he delivered to all Potential Proposers
using the same method of delivery of the original RFP material. NJPA accepts no liability in connection
with the delivery of said materials. Copies of addenda will also be made available on the NJPA website
at www.ninac000.org by clicking on "Current Proposals" and from the NJPA offices. No addenda will be
issued later than five (5) days prior to the deadline for receipt of proposals, except an addendum
withdrawing the request for proposals or one that includes postponement of the date of receipt of
proposals. 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.
3.20 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
3.21 A submitted proposal may not be modified, withdrawn from or cancelled by the Proposer for a
period of ninety (90) days following the date proposals were opened regarding this RFP. Prior to the
deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice
to the NJPA Manager of Bids and Contracts. Such notice shall be submitted in writing and include the
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signature of the Proposer and shall be delivered to NJPA prior in 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.
H. VALUE ADDED ATTRIBUTES, PRODUCTS/SERVICES
3.22 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.
3.23 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 and must be tabbed under Tab 5.
3.24 Value added products/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
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH
RELATED ACCESSORIES, 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 products/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.
3.25 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
purchase of goods and 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.
NJPA is committed to facilitating the realization of such "Credits" through certain structuring techniques
for transactions resulting from this RFP.
3.26 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA
Members to consider the environmental impact of the products/services they purchase. Please identify
any "Green" characteristics of the goods and 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.
3.27 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 eProcurement
or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize.
3.28 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.
I. CERTIFICATE OF INSURANCE
3.29 Proposer shall procure and maintain insurance which shall protect the Proposer and NJPA (as an
additional insured) from any claims for bodily injury, property damage, or personal injury covered by the
indemnification obligations set forth herein. The Proposer shall procure and maintain the insurance
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policies described below at the Proposer's own expense and shall famish to NJPA an insurance certificate
listing the NJPA as certificate holder and as an additional insured. The insurance certificate must
document that the Commercial General Liability insurance coverage purchased by the Proposer includes
contractual liability coverage applicable to this Contract. In addition, the insurance certificate must
provide the following information: the name and address of the insured; name, address, telephone number
and signature of the authorized agent; name of the insurance company (authorized to operate in all fifty
United States); a description of coverage in detailed standard terminology (including policy period, policy
number, limits of liability, exclusions and endorsements); and an acknowledgment of notice of
cancellation to the NJPA.
3_30 Proposer is required to maintain the following insurance coverage's during the term of the NJPA
Contract:
(1) Workers Compensation Insurance (Occurrence) with the following minimum coverage's: Bodily
injury by accident --per employee $100,000; Bodily injury by disease --per employee $100,000; Policy
limits $500,000. In addition, Proposer shall require all subcontractors occupying the premises or
performing work under the contract to obtain an insurance certificate showing proof of Workers
Compensation Coverage with the following minimum coverage's: Bodily injury by accident --per
employee $100,000; Bodily injury by disease --per employee $100,000; Policy limits $500,000.
(2) Commercial General Liability Policy per occurrence $1,000,000.
(3) Business Auto Policy to include but not be limited to liability coverage on any owned, non -
owned and hired vehicle used by Proposer or Proposer's personnel in the performance of this
Contract. The Business Automobile Policy shall have a per occurrence limit of $1,000,000.
3.31 The foregoing policies shall contain a provision that coverage afforded under the policies will not be
canceled, or not renewed or allowed to lapse for any reason until at least thirty (30) days prior written
notice has been given to NJPA. Certificates of Insurance showing such coverage to be in force shall be
filed with NJPA prior to commencement of any work under the contract. The foregoing policies shall be
obtained from insurance companies licensed to do business nationally and shall be with companies
acceptable to NIPA, which must have a minimum AM Best rating of A-. All such coverage shall remain
in full force and effect during the term and any renewal or extension thereof.
3.32 Within ten (10) days of contract award, the Proposer must provide NJPA with two (2) Certificates of
Insurance. Certificates must reference NJPA RFP 102811 by number.
J. ORDER PROCESS AND/OR FUNDS FLOW
3.33 Please propose an order process and funds flow in Tab 6 for your proposal. Please choose from one
of the following:
3.33.1 B -TO -G: The Business -to -Government order process and/or funds flow model involves
NJPA Members issuing Purchase Orders directly to a Vendor and pursuant m a Contract resulting
from this RFP.
3.33.3 Other: Please fully identify.
K. ADMINISTRATIVE FEES
334 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:
3.34.1 Calculated as a percentage of the dollar volume of all products/services provided to and
purchased by NIPA Members or calculated as reasonable and acceptable method applicable to the
contracted transaction, and
3.34.2 Included in, and not added to, the pricing included in Proposer's Response to this RFP, and
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3.34.3 Set based on the anticipated costs of NJPA's involvement in facilitating the establishment,
Vendor training, and the order/product/funds flow of the Contract resulting from this RFP.
3.34.3.1 Typical administrative fees for a B -TO -G order process and funds flow is 2.0%.
3.35 The opportunity to propose these factors and an appropriate administrative fee is available in the
Proposer's Questionnaire, and submitted in Tab 9 of your response.
4. PRICING STRATEGIES
4_1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of
products/services and at prices lower and better value than what they would ordinarily offer to single
government agency, larger school district, or regional cooperative.
4_2 RFP is an "Indefinite Quantity Product/Service Price Request" with potential national sales
distribution and service. Proposers are agreeing to fulfill Contract obligations regarding each
product/service to which you provide a description and a price. 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
tabbed and organized under Tab 9, and copied on a CD along with other requested information as a part
of a Proposer's Response.
43 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with
any purchase option of the products/services and being supplied must always be disclosed at the time of
purchase.
4_4 Primary Pricing/Secondary Pricing Strategies- All Proposers will be required to submit "Primary
Pricing" in the form of either "Line -Item Pricing," or "P,:r:.:,.ntagc Discount fFem ^-'-'-- Pfieing," or a
combination of these pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing
strategies including "Hot List," "Sourced Goods," and "Volume Discounts," as well as financing options
such as leasing.
4.5 Government Price Assistance- It is understood that a component of the pricing to be offered to this
solicitation is "Government Price Assistance" from the respective OEM manufacturers. Prices quoted on
vehicles including "Government Price Assistance" are available only to NJPA Members qualifying for
"Government Pricing Assistance".
4.5.1 For NJPA Members not qualifying for "Governmental Price Assistance" (Non -Profits for
example) all other manufacturer rebates applicable at the time of delivery.
A. LINE -ITEM PRICING
4_6 Line -Item pricing- A pricing format where specific individual products and/or services are offered at
specific individual Contract prices. Products and/or services are individually priced and described by
characteristics such m manufacture name, stock or part number, size, or functionality. This method of
pricing offers the least amount of confusion as products and prices are individually identified, however
Proposers with a large number of products to propose may find this method cumbersome. In these
situations, a pereentege-diseennE from catalog or category pricing model may make more sense.
4_7 Format: Line Item vehicle pricing for this RFP most be submitted using attached "Price Form Pl".
The intent here is in describe and price a "Base" vehicle in each of eight classes AND also offer, on an ala
carte basis, options (both Manufacturer Options and Dealer Options) to customize each vehicle offered.
4_8 All Line -Item Pricing items must be numbered, organized, sectioned, including SKU's (when
applicable) and easily understood by the Proposal Review Committee and members.
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4_9 Line -Item Pricing items are to be submitted in an Excel spreadsheet format provided and are to
include all appropriate identification information necessary to discem the line item from other line items
in each Proposer's proposal.
4.10 The purpose for the excel spreadsheet format for Line -Item Pricing is to be able to use the "Find"
function 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 and services.
4.11 All products and services typically appearing on an invoice or price quote most be individually
priced and identified on the line -item price sheet, including any and all ancillary costs.
4.12 Proposers are asked to provide both a "List" price as well as a "Proposed Contract Price" in their
pricing matrix. "List" price will be the standard "quantity of one" price currently available to government
and educational customers excluding cooperative and volume discounts
B. MASS PRODUCED PRODUCTION VEHICLES
4.13 Original Equipment from the Manufacturer (OEM) mass production vehicles will be priced using
the pricing sheets attached as "Attachment P" and executed according to the instructions contained on the
first tab of that attachment.
C. ALL OTHER VEHICLES AND ACCESSORIES.
4.14 Please use the general descriptions for "Line Item Pricing". A format is not specified for these
items beyond those provided in "Line Item Pricing". Please use a format which fully identifies and
prices the goods and services being offered.
D. TAX AND OTHER CREDITS.
4.15 Tax and other credits accruing to the vehicle being purchased which are not applicable to an NJPA
Member will accrue to the benefit of the Awarded Contractor.
f :A : L�5111 f f •`➢17 J7 f�] I � [�7
4.16 Where applicable, NJPA also invites the Vendor, at their option, to offer a specific selection of
products/services, defined as a Hot List Pricing, at greater discounts than those listed in the standard
Contract pricing. All product/service pricing, including the Hot List Pricing, must be submitted in hard
copy as well as electronically provided in Excel format. Hot List pricing must be submitted in a Line -
Item format. Providing a "Hot List" of products/services is optional. Products/services may be added or
removed from the "Hot List" at any time provided that current "Hot List" prices are provided to NJPA at
all times.
4.17 Hot List pricing when applicable may also be used to discount and liquidate closeout and
discontinued products/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.
4.18 Hot List Pricing is allowed to change at the discretion of the Vendor within the definition of Hot List
Pricing. The Vendor is responsible to maintain current Hot List product/service descriptions and Pricing
with NJPA.
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E. CEILING PRICE
4.19 Proposal pricing is to be established as a ceiling price. At no time may the proposed
products/services be offered pursuant to this Contract at prices above this ceiling price without approval
by NJPA. Prices may be reduced to allow for volume considerations and to meet the specific and unique
needs of an NJPA Member.
4.20 Allowable specific needs may include certain purchase volume considerations or the creation of
custom programs based on the individual needs of NJPA Members.
F.VOLUME
4.21 Proposers are free to offer volume discounts from the quantity -of -one 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.
4.22 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 needs, terms, and conditions, a similar time frame, seasonal considerations and provided the same
manufacturer support is available to the Vendor.
4.23 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.
G. SOURCED GOODS
4_24 NJPA and NJPA Members may, from time to time, request goods and/or products/services within
the scope of this RFP which are not included in an awarded Vendor's line -item product /service listing or
"list or catalog" ]mown as Sourced Goods.
4.25 An awarded Vendor resulting from this RFP may "Source" these products/services for NJPA or
NJPA Member in the extent they:
4.25.1 Include in their bid response a cost -plus -percentage -of -cost pricing factor for such Sourced
goods and services, and
4.25.2 Provide as many quotes for the Member's "Total Cost of Acquisition" for the goods and
services to be sourced as may reasonably be required by NJPA Member.
4.25.3 Provide "Sourced Goods" only to the extent that they are incidental to the total transaction
being contemplated.
H. COST PLUS A PERCENTAGE OF COST
4.26 Except as provided in "Sourced Goods" above, cost plus a percentage of cost as a primary pricing
mechanism is not desirable.
1. TOTAL COST OF ACQUISITION
4.27 The Total Cost of Acquisition for the products/services being proposed, including those payable by
NJPA Members to either the Proposer or a third party, shall be disclosed in the Proposer's Response
including but not limited to:
• The capitalized cost of the listed products/services being proposed,
• The cost of accessories, alterations, and customizations typically incurred in the acquisition of the
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products/services being proposed.
• The cost of delivery, setup and installation (where applicable) of the products/services and any
accessories being proposed.
• Other costs, where applicable, typically associated with the purchase, delivery, set-up, and
installation of the products/services being proposed and making it operational at the purchaser's
site.
4.28 The Total Cost of Acquisition is to be stated "As Proposed" As an example, a materials only
proposal, or portions of proposals, must include the total cost of acquisition for those materials delivered.
In contrast, the Total Cost of Acquisition for a tum -key proposal must include the total costs to be
incurred in the process of delivering that combination of products/services.
J. REQUESTING PRODUCT AND SERVICE ADDITIONS/DELETIONS
4.29 Requests for product, service, and price additions, deletions, or changes must be made in written
form and shall be subject to approval by NJPA.
4.30 New products/services may be added to a Contract resulting from this RFP at any time during that
Contract to the extent those products/services are within the scope of this RFP. Those requests are subject
to review and approval of NJPA. Allowable new products/services generally include new updated
models of products/services and or enhanced services previously offered which could reflect new
technology and improved functionality.
431 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.
4.32 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."
We are looking for consistent pricing and delivery mechanisms and an understanding of what value the
proposal brings to NJPA and NJPA Members.
433 Documenting the "Best Interests of NJPA and NJPA Members" when out -dated equipment is being
deleted is fairly straight forward since the product is no longer available and not relevant to the
procurement Contract.
4.34 Requests most be in the form of 1) a cover letter to NJPA a) asking to add the product line, b)
making a general statement identifying how the products to be added are within the scope of the original
RFP, and c) making a general statement identifying that, if appropriate, the pricing is consistent with the
existing Contract pricing and 2) the detail as to what is being added at what price will then be an
attachment to that cover letter.
435 NJPA's intent here is to encourage Proposers to provide and document NJPA's due diligence in a
clear and concise one page format on which we can stamp and sign our acknowledgment and acceptance.
This information most ultimately come from Proposers, and NJPA is requiring it in this foram[.
IC REQUESTING PRICING CHANGES
4.36 Price Decreases: Requests for standard Contract price decrease adjustments (percentage diseearmt
inereases) are encouraged and will be allowed at any time based on market place efficiencies, market
place competitiveness, improved technologies and/or improved methods of delivery or if Vendor engages
in innovative procurement practices such as strategic sourcing, aggregate and volume purchasing. NJPA
expects Vendors to propose their very best prices and anticipates price reductions due to the advancement
of technologies and market place efficiencies. Documenting the "Best Interests of NJPA and NJPA
Members" is pretty easy when we are documenting price reductions.
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4.37 Price increases: Requests for standard contract price increases (or the inclusion of new generation
products/services/services at higher prices) can be made at any time. These requests will again be
evaluated by NJPA based on the best interests of NJPA and NJPA Members. As an example, typically
acceptable requests for price increases for existing products/services may cite increases to the Vendor of
input costs such as petroleum or other applicable commodities. Typically acceptable requests for price
increases for new products/services enhance or improve on the current solutions currently offered as well
as cite increases in utility of the new compared to the old. Vendors are requested to reasonably document
the claims cited in their requests. Your written request for a price increase, therefore, is an exercise in
describing what you need, and a justification for why you need it in sufficient detail for NJPA to deem
such change to be in the best interests of aur self and our Members.
4.37 Price Change Request Format: An awarded Proposer will use the format of a cover letter
requesting price increases in general terms (a 5% increase in product line X) and stating their justification
for that price increase (due to the recent increase in petroleum costs) by product category. Specific details
for the requested price change most be attached to the request letter identifying product/services where
appropriate, both current and proposed pricing. Attachments such as letters from suppliers announcing
price increases are appropriate for documenting you requests here.
L. PRICE AND PRODUCT CHANGES FORMAT
4.39 NJPA's due diligence regarding product and price change requests is to consider the reasonableness
of the request and document consideration on behalf of our members. We would appreciate it if you
would send the following documentation to request a pricing change:
4.39.1 A cover letter:
a. Please address the following subjects in your cover letter:
i. What product/service prices are changing?
ii. How much are the prices changing?
iii. Why are the prices changing?
iv. Any additions or deletions from the previous product list and the reason for
the changes.
b. The specifics of the product/services and price changes will be listed in the excel
spreadsheets indentified below. Please take a more general "Disclosure" approach to
identifying changes in the cover letter.
i. If appropriate, for example, state, "All paper products/services increased 5 %
in price due to transportation costs."
ii. If appropriate, for instance, state, "The 6400 series floor polisher added to the
product list is the new model replacing the 5400 series. The 6400's 3% price
increase reflects the rate of inflation over the past year. The 5400 series is now
included in the "Hot List" at a 20% discount from previous pricing until
remaining inventory is liquidated."
4.39.2 An excel spreadsheet identifying all products/services being offered and their pricing.
Each subsequent pricing update will be saved using the naming convention of "[Vendor Name]
pricing effective XX/XX/XXXX."
a. Include all products/services regardless of whether their prices have changed. By
observing this convention we will:
i. Reduce confusion by providing a single, easy to find, current pricing sheet for
each Vendor.
ii. Create a historical record of pricing.
M. SINGLE STATEMENT OF PRICING/HISTORICAL RECORD OF PRICING
4.40 Initially; and with each request for product addition, deletion, and pricing change; all
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products/services and services available, and the prices for those products/services and services will be
stated in an Excel workbook. The request for price changes described above will serve as the
documentation for those requested changes. 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.
4.41 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.
4.42 All products/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.
4.43 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.
N. PAYMENT TERMS
4.44 Payment terms will be defined by the Proposer in the Proposer's Response. Proposers are
encouraged to offer payment terms through P Cud services.
4.45 Leasing- If available, identify any leasing programs available in NJPA and NJPA Members as part of
your proposed. Proposers should submit an example of the lease agreement to be used. Proposers should
identify:
• General leasing terms such as:
o The percentage adjustment over/under an index rate used in calculating the internal rate
of return for the lease; and
o The index rate being adjusted; and
o The "Purchase Option" at lease maturity ($1, or fair market value); and
o The available term in months of lease(s) available.
• Leasing company information such as:
o The time and address of the leasing company; and
o Any ownership, common ownership, or control between the Proposer and the Leasing
Company
O. SALES TAX
4.46 Sales and other taxes and all applicable title transfer fees, where applicable, 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 Vendor. When ordering, if applicable, NJPA Members must indicate
that they are tax exempt entities. Except as set forth herein, no parry 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.
P. SHIPPING AND SHIPPING PROGRAM
4.47 Shipping program for material only proposals, or sections of proposals, must be defined and tabbed
under Tab 9 as a part of the cost of goods. 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. No COD
orders will be accepted. It is desired that delivery be made within ninety -days (90) of receipt of the
Purchase Order.
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4.48 Any shipping cost charged to NJPA or NJPA Members will be considered to be part of "proposal
pricing."
4.49 Additional costs for expedited deliveries or additional goods or services required by the end-user will
be at the expense to the NJPA Member/End User.
4.50 Selection of a carrier for shipment will be the option of the party paying for said shipping. Use of
another carrier will be at the expense of the requester.
4.51 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.
4.52 Proposals containing restocking fees are less advantageous than those not containing re -stocking
fees. That being said, certain industries cannot avoid restocking Ices. Certain industries providing made to
order goods may not allow returns. With regard to returns and restocking fees, Proposers will be
evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those
subjects. Where used, restocking fees in excess of 15% will not be considered excessive. Restocking fees
may be waived, at the option of the ProposerNendor. Indicate all shipping and re -stocking fees in price
program under Tab 9.
4.53 Proposer agrees shipping errors will be at the expense of the Vendor. For example, if a Vendor ships
a product that was not ordered by the member, it is the responsibility of the Vendor to pay for retum mail
or shipment at the convenience of the member.
4_54 Unless specifically stated otherwise in the "Shipping Program" of a Proposer's Response, all prices
quoted must be F.O.B. destination with the freight prepaid by the Vendor. Time is of the essence on 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 he met,
Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by
NJPA or NJPA Member.
4.55 Goods and materials must be properly packaged. Damaged goods and materials will not be
accepted, or if the damage is not readily apparent at the item of delivery, the goods shall be returned at no
cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the goods at a
reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of
the goods at the time of delivery.
4.56 Vendor shall deliver Contract conforming products in each shipment and may not substitute products
without approval from NJPA Member.
4.57 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers
substandard or inferior 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 a
non -conforming product, NJPA Member will immediately notify Vendor and Vendor will replace non-
conforming product with conforming product.
4.58 Throughout the term of the Contract, Proposer agrees to pay for return shipment on goods that arrive
in a defective or inoperable condition. Proposer most arrange for the return shipment of damaged goods.
4.59 Unless contrary to other parts of this solicitation, if the goods 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.
Q. NORMAL WORKING HOURS
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4.60 Prices quoted are for products/services delivered during normal business hours. Normal Business
hours will be as specifically defined herein, defined through industry standards OR defined through
statement contained in the purchase/work order issued pursuant to a Contract resulting from this RFP.
5. MARKETING PLAN
5.1 Internal Marketing Plan: An award of Contract resulting from this RFP is an opportunity for the
awarded contractor to pursue commerce with, and deliver value to NJPA and NJPA Members nationwide.
An award of Contract is not an opportunity to see how much business NJPA can drive to an awarded
Vendor's door. Your internal marketing plan should serve to:
5.1.1 Identify the appropriate levels of sales management whom will need to understand the value
of, and the internal procedures necessary to deliver this Contract opportunity to NJPA and NJPA
Members through your sales force.
5.1.2 Identify, in general, you national foot print and dedicated feet -on -the -street sales force that
will be carrying this Contract message and opportunity in the field to NJPA Members. Outline the
sale force in terms of numbers and geographic distribution.
5.1_2.1 Identify whether you sales force are employees or independent contractors.
5.1.3 Identify you plan for delivering training to these individuals.
5.13.1 Will you have your sales force gathered at national or regional events in the near
fuhue? Does you sales force have the ability to participate in webinar or webcast events?
5.13.2 NJPA is prepared to provide our personnel in you location for sales training
and/or on a webinar or webcast where stiff cient efficiencies can be shown in reaching the
appropriate groups within you employee base, and sufficient numbers of personnel
trained.
5.1.4 Identify your personnel involved in training.
5.1_4.1 NJPA can provide persomel to deliver training regarding the Contract itself, the
authority of NJPA to offer the Contract vehicle to its Members, the value the Contract
vehicle delivers to NJPA and NJPA Members, the scope of NJPA Membership, and the
authority of NJPA Members to utilize our procurement contracts.
5.1_4.2 Your personnel will be needed to provide training regarding employee
compensation and internal procedures when delivering the Contract opportunity, and how
this Contract purchasing opportunity relates with other such opportunities available.
5.2 Success in marketing is dependent upon 1) the delivery of value as defined in section 1.4, 2) the
delivery of knowledge of the program and its proper use and utility, and 3) the delivery of opportunity
and reward which creates a personal commitment to the program. NJPA desires a marketing plan that:
5.2.1 identifies the value delivered in a competitively proposed national cooperative procurement
contract by relieving both the NJPA Member and the VendorNendor's sales staff of the
responsibility for bringing and answering many similar and individual RFP's; and
5.2.2 identifies the appropriate Vendor personnel from both management and sales staffs who
will be trained on the use and utility of such a contract and a general schedule of when and how
those individuals will be trained; and
5.2.3 identifies in general how the reward system for the marketing, delivery, and service chain of
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the Vendor will be affected by the implementation of the proposed Contract and how that will be
proposed to those individuals in terms of the value created for them and their departments in 5. 1.1
above.
5_3 External Marketing Plan: NJPA is seeking the ability to serve all our current and potential members
nationwide. The Proposer must demonstrate the ability to both market and service their
products/services/services nationwide. Please demonstrate your sales and service force contains sufficient
people in sufficient proximities, to receive the knowledge, opportunity, and reward in order to make a
personal commitment to serving NJPA and NJPA Members nationwide.
5_4 The Proposer most exhibit the willingness and ability to develop marketing materials and participate
in marketing venues such as:
5.4.1 Printed Marketing Materials. Proposer will initially produce and thereafter maintain full
color print advertisements in camera ready electronic format including company logos,
identifying the Vendor, the Vendor's general utility for NJPA and NJPA Members, and contact
information to be used by NJPA and NJPA Members in a full page, half page, and quarter page
formats. These advertisements will be used in the NJPA Catalog and publications.
5.4.2 Press releases and advertisements. Proposer will identify a marketing plan identifying their
anticipated press releases, contract announcements, advertisements in industry periodicals, or
other direct or indirect marketing activities.
5.4.3 Proposer's Website. Proposer will identify how an Awarded Contract will be displayed on
the Proposer's website. An on-line shopping experience for NJPA and NJPA Members is desired
when applicable and will be viewed as a value-added attribute to a Proposer's Response.
5.4.4 Trade Shows. Proposer will outline their proposed involvement in the promotion of a
Contract resulting from this RFP through trade shows. Vendors are encouraged to identify trade-
show, and other appropriate venues, for the promotion of any such Contract. Vendors are
strongly encouraged to participate in cooperation with NJPA at the following NJPA embraced
trade shows:
NAEP National Association of Education Procurement
I-ASBO International Association of School Business Officials
NIGP National Institute of Government Purchasing
5.5 Proposer must also work in cooperation with NJPA to develop a marketing strategy and provide
avenues to equally market and drive sales through the Contract and program to all NJPA Members
nationally. Awarded Vendor agrees to actively market in cooperation with NJPA all available
productslservices to current and potential NJPA Members. NJPA reserves the right to deem a proposer
non-responsive or to waive an award based on an unacceptable marketing plan.
5_6 As a part of this response, submit a complete Marketing Plan on how you would help NJPA rollout
this program to current and potential NJPA Members. NJPA requires the Vendor actively promote the
Contract in cooperation with the NJPA. Vendors are advised to consider marketing efforts in the areas of
1) Website Link from Vendors website to NJPA's website, 2) Attendance and participation with a display
booth at national trade shows as agreed upon/required by NJPA, and 3) Sales team and sales training
programs involving both Vendor sales management and NJPA staff. NJPA requires awarded Vendors to
offer the NJPA Contract opportunity to all current and qualified NJPA Members.
5_7 Facilitating NJPA Membership: Proposer should express their commitment to determine the
membership status of their customers whom are eligible for NJPA Membership, AND their commitment
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to establishing that membership.
5.7.1 Membership information: Proposer should further express their commitment to capturing
sufficient member information as is deemed necessary by NJPA to appropriately facilitate
membership and certain marketing activities as agreed to by NJPA and an Awarded contractor.
6. PROPOSAL OPENING PROCEDURE
6.1 Sealed and properly identified Proposer's Responses for this RFP entitled "PASSENGER CARS,
LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH RELATED
ACCESSORIES" will be received by Gregg Meierhofer, Manager of Bids and Contracts, at NJPA
Offices, 200 First Street NE, Staples, MN 56479 until the deadline for receipt of, and bid opening
identified on page one of this RFP. The NJPA Director of Contracts and Marketing, or Representative
from the NJPA Proposal Review 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 Gregg Meierhofer 200 1st 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 "PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS
WITH RELATED ACCESSORIES" To avoid premature opening, it is the responsibility of the
Proposer to label the Proposal Response properly.
7. EVALUATION OF PROPOSALS
A. PROPOSAL EVALUATION PROCESS
7_1 NJPA will use a 1,000 Point Evaluation System to help determine the best overall Proposer(s)
selection. Bonus points may be available for specific proposal characteristics identified such as "Green
Product Certifications."
7_2 NJPA reserves the right to use a "Cost Scoring Evaluation" through a product comparison process of
like products/services. This process will establish points for submitted price levels. See Cost Scoring
Evaluation.
7_3 NJPA shall use a final overall scaring system to include consideration for best price and cost
evaluation. The total possible score is 1,000 points. 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.
7_4 To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the
criteria set forth under "Proposer Responsiveness."
L5 Responses will be evaluated fust 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
Review Committee,
7.6 The procurement activities of the NJPA Proposal Review Committee are limited to document
preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon
request, conducting an evaluation and making recommendation for possible approval to NJPA Board of
Directors.
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B. PROPOSER RESPONSIVENESS
7_7 Proposer's Responses received after the deadline for submission will be invalid and returned to the
Potential Proposer unopened.
7_8 An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being
considered. All proposals roust contain answers or responses to the information requested in the proposal
forms. Any Proposer failing to provide the required documentation may be considered non-responsive.
7_9 Deviations or exceptions stipulated in Proposer's Response may result in the proposal being classified
as non responsive.
Z10 To qualify for evaluation, a proposal must have been submitted on time and materially satisfy all
mandatory requirements identified in this document. A proposal most reasonably and substantially
conform to all the terms and conditions in the solicitation to be considered responsive.
7.11 The Proposal Review Committee shall utilize the following criteria to evaluate all proposals
received. Items 14 constitute the test for "Level One Responsiveness" and are determined on the
proposal opening date. "Level 2" responsiveness is determined through the evaluation of the
remaining items listed below. These items are not arranged in order of importance and each item
may encompass multiple areas of information requested.
1. The proposal response is received prior to the deadline for submission.
2. The proposal package was properly addressed and identified as a sealed bid with a specific
opening date and time.
3. The proposal response contains the required certificate of liability insurance.
4. The proposal response contains original signatures on all documents requiring such.
5. Response's conformance in terms and conditions as described in the solicitation, including
documentation.
6. Possesses qualifications as a responding Proposer that meets or exceeds those set within the
solicitation.
7. Information from references and past performance information including past member
approval.
8. Demonstrates that they offer the most current industry standard products/services and/or
services.
9. Demonstrates financial stability and a favorable banking line of credit.
10. Demonstrates their products/services and/or services proposed meet and/or exceed industry
standards accepted by educational or governmental institutions.
11. Has demonstrated market place success suit their past performance exhibit an acceptable
reputation.
12. Demonstrates the company possesses the background, knowledge, capacity, and ability to sell,
deliver, and support products/services offered to Members.
13. Has provided documentation defining, outlining, and describing their concept of a national
marketing program they will be implementing to facilitate and coordinate the cooperative
activities required by an awarded ContruL
14. Has provided all of the required and applicable documentation required i.e. insurance
certificates, licenses, and/or registration certificates required to do business nationally.
15. Line -Item Pricing, in approved excel format, listing of all of the proposed products/services and
warranty provisions with their associated units of costs.
16. Core List selection of products/services in Line -Item Pricing format
17. Hot List Pricing products/services in a Line -Item Pricing format (where applicable).
18. Contract Pricing submitted as requested to include core list or products/services, Line -Item
Pricing and/or ataigg
C. PROPOSAL EVALUATION CRITERIA
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112 If a manufacturer or supplier chooses not to produce or supply goods and services to meet the scope
of this RFP, such action will be considered sufficient cause to reduce evaluation points.
113 Consideration will be given in the award based on the completion and degree of information
Provided regarding available products, equipment, and accessories, as well as, applicable parts of the
Proposer Information and Questionnaire.
114 The fact a manufacturer or supplier chooses not to produce or provide equipment products or
services to meet the intent and scope of this RFP will not be considered sufficient cause to adjudge this
RFP as restrictive.
7.I5 The Proposer is required to have extensive knowledge and at least three (3) years experience with the
related activities surrounding the selling of the equipment, service or related products offered.
7.16 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.
7.17 Consideration will be given in the proposal evaluation based upon the selection, variety,
technological advances, and demonstrated qualityofproducts submitted, technological advances, and
pricing. The ability of the Proposer to communicate the value of these factors and to demonstrate how the
depth and breadth of their product and service offerings provide NJPA and NJPA Members with a sole
source of responsibility within the scope of this RFP will be positively reviewed.
7.18 Consideration will also be given to proposals demonstrating technological advances, provide
increased efficiencies, expanded service and other related improvements beyond today's NJPA member's
needs and applicable standards.
119 Strong consideration will be given to a Proposer's past performance, distribution model, and the
L19—
their ability to effectively market and service NJPA Membership nationally.
7.20 Strong consideration will be given to the best price as it relates to the quality of the product and
service. However, price is ultimately one of the factors taken into consideration in evaluation and award.
121 Evaluation of a Proposer's Responses will take into consideration as a minimum response but not
necessarily limited to the following:
1. Adherence to all requirements of this RFP as defined by industry standards.
2. Prior knowledge of and experience with a Proposer in terrns of past performance and market
place success.
3. Capability of meeting or exceeding current and future needs or requirements of NJPA and
NJPA Members.
4. Evaluation of Proposer's ability to market to and provide service to all NJPA Members
nationally.
5. Financial condition of the Proposer.
6. Nature and extent of company data furnished in Proposer's Response.
7. Quality of products, equipment, and services offered including value added related services.
8. History of member service to NJPA type customers.
9. Overall ability to perform sales, solutions and contract support as submitted.
10. Ability to meet service and warranty needs.
11. History of meeting shipping and delivery expectations of contracted products/ services.
12. Technology advancements and related provisions.
13. Ability to market and promote the Contract within current business practices.
14. Willingness to develop and enter into NJPA Contract and business relations.
15. Favorable bond rating and applicable industry standard licensing ability.
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16. Past marketplace successes and brand recognition.
17. Demonstrated warranty and product/service responsibility.
7.22 The Proposer's ability to follow the proposal preparation instructions set forth in this solicitation
will also be considered to be an indicator of the Proposer's ability to follow other future instructions
should they receive an award as a result of this solicitation. Any Contract between NJPA and a Proposer
requires the delivery of information and data. The quality of organization and writing reflected in the
proposal will be considered an indication of the quality of organization and writing which would be
prevalent if a Contract was awarded. As a result, the proposal will be evaluated as a sample of data
submission.
7.23 Proposer's Financial Statements- The Proposer's financial statements are requested and reviewed to
get a general feel for the size, strength, and probable scope of the Proposer.
224 NJPA reserves the right to reject the Proposer's Response of the apparent successful Proposer where
the available evidence or information does not exhibit the ability or intent to satisfy NJPA that the
potential Vendor is unable to properly carry out the terms of this RFP and potential Contract.
7.25 NJPA shall reserve the right to reject any or all proposals. NJPA also reserves the right to reject a
proposal not accompanied by required certificate of insurance, other data required by this RFP, or if a
Proposer's Response is incomplete or irregular. The NJPA shall reject all proposals where there has been
collusion among the Proposers.
7.26 Overall Evaluation (FORM G) - The NJPA Proposal Review Committee will evaluate proposal
received based on a 1,000 point evaluation system. The Committee will establish both the evaluation
criteria and designate the relative importance of those criteria by assigning possible scores for each
category.
7.27 Bonus Evaluation Points- Bonus evaluation points may be awarded by the NJPA Proposal Review
Committee based on criteria identified as being both `optional" and "having additional value"
D. COST SCORING EVALUATION
228 NJPA reserves the right to use this process in the event the evaluation committee feels it is
necessary to make a final determination.
7.29 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)
products/services may be selected by the NJPA proposal Review 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. The low priced Proposer will receive the full
point value and all other Proposers will receive points as follows: Lowest price Proposal = 5 (where there
are five proposers), and inferior proposals = 4, 3, 2, 1 points each. The Total Score for each proposer will
he the sum of all points earned. The result of this process shall not be the sole determination for award.
E. PRODUCT TESTING
7.30 NJPA reserves the right to request and test products/services and/or services from the apparent
successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by
NJPA, shall famish current information and data regarding the Proposer's resources, personnel, and
organization within three (3) days.
F. PAST PERFORMANCE INFORMATION
7.31 Past performance information is relevant information regarding a Proposer's actions under
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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.
G. WAIVER OF FORMALITIES
Z32 NIPA 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.
8. POST AWARD OPERATING ISSUES
A. SUBSEQUENT AGREEMENTS
8_1 Purchase Order- Purchase Orders for goods and services may be executed between NIPA 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 goods and 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
NIPA and an Awarded Vendor after an award is made.
8_2 Governing Law- Purchase Orders, as identified above, shall be construed in accordance with, and
governed by, the laws of a competentjurisdiction 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 part the Contract shall be physically amended to make
such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase
Orders) shall be a court of competentjurisdiction to the Purchaser.
8_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, among other things; formerly 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 terns and conditions shall not interfere
with the general purpose and intent of this RFP.
8_4 Asset Management Contracts: Asset Management type contracts can be initiated pursuant to a
Contract resulting from this RFP at any time during the term of said Contract. The establishment of such
Asset Management Contracts cannot exceed the authorized tern of a Contract resulting from this RFP;
however the Asset Management Contract tern may extend beyond the maturity date of a Contract
resulting from this RFP.
8_5 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, stand alone agreement, apart from a Contract resulting from tits 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 in this Contract.
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8_6 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 goods and services. If a purchase order is cancelled for lack of a
required performance bond, it shall be the recommendation of NJPA that pending Purchase Orders with
all NJPA Members be considered for cancellation. 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
1-7 Awarded Vendors will be responsible for familiarizing thew sales and service forces with the various
fors of NJPA Membership documentation and shall encourage and assist potential Members in
establishing Membership
C. REPORTING OF SALE ACTIVITY
1-8 A report of the total gross dollar volume of all products/services purchased by NJPA Members as it
applies to this RFP and Contract will be provided quarterly to NJPA. The for and content of this
reporting will be developed by NJPA in cooperation with the Vendor to include, but not limited to, name
and address of purchasing agency, amount of purchase, and a description of the items purchased.
D. AUDITS
8_9 During the Ter, Vendor will, upon not less than fourteen (14) business days' prior written request,
make available to NJPA no more than once per calendar year, at Vendor's corporate offices, during
normal business hours, the invoice reports and/or invoice documents from Vendor pertaining to all
invoices sent by Vendor and payments made by NJPA members for all products/services purchased under
this Contract. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on
its own behalf. Vendor shall have the right to approve the independent auditor, which approval shall not
be unreasonably withheld. Upon approval and atter 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 paries. Vendor agrees that the NJPA
may audit their records with a reasonable notice to establish total compliance and to verify prices charged
hereunder of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking
in a timely manner.
E. HUB PARTNER
8.10 Hub Partner: Where Applicable, NJPA Members may, from time to time, request to be served in
some way 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.
811 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 provide than
8.11.1 The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the
transaction. and
8.11.2 To the extent that the he 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 Name]".
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F. TRADE-INS
8.12 Where Appropriate, the value in US Dollars, of Trade-ins will be negotiated between NJPA or an
NJPA Member, and an Awarded Vendor. That identified'"rmde-In" value shall be 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 in that purchase order.
G. OUT OF STOCK NOTIFICATION
5.13 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out -of -stock
occum. 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
8.14 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 according to the steps in the procedure in this Cancellation Section. Some examples
of material breach are the following:
• The Vendor provides material that does not meet reasonable quality standards and is not
remedied under the warranty;
• The Vendor fails to ship the products or provide the services within a reasonable amount of
time;
• NJPA has reason to believe the Vendor will not or cannot perform to the requirements of the
Contract and issues a request for assurance as described herein and Vendor fails to respond;
• The Vendor fails to observe any of the material terms and conditions of the Contract; and/or,
• 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.
• The Vendor fails to report quarterly sales volume;
• The Vendor fails to actively market this Contract within the guidelines provided in this RFP and
the expectations of NJPA.
8.15 Each party shall follow the below procedure if the Contract is to be terminated for violations or
non-performance issues:
Step 1: Issue a warning letter outlining the violations and/or non-performance and state the length of
time (10 days) to provide a response and correct the problem(s) if reasonably possible in such time
frame.
Step 2: Issue a letter of intent to cancel Contract, if the problem(s) is not resolved within fifty (50)
days.
Step 3: Issue letter to cancel Contract for cause.
5.16 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.
5.17 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,
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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.
8.18 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the
Vendor files for banlwptcy protection or is acquired by an independent thud party. Prior in commencing
services under this Contract, the ProposerNendor must famish NJPA certification from insurer(s)
proving level of coverage usual and customary to the specific industry. The coverage is to be maintained
in full effect during the Contract period. Vendor must be willing to provide, upon request, certification of
insurance to any NJPA member or member using this Contract.
8.19 Either party may execute Contract termination without cause with a required 60 -day written notice of
temdnation. Termination of Contract shall not relieve either party of financial, product or service
obligations incurred or accrued prior to termination.
8.20 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.
8.21 Events of Automatic termination to include
Vendor's or NJPA's voluntary or involuntary bankruptcy or insolvency;
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,
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.
9. GENERAL TERMS AND CONDITIONS
A. ADVERTISEMENT OF RFP
9_1 As a policy, NJPA shall advertise this solicitation 1) for two consecutive weeks in both the print and
on-line editions of the MINNEAPOLIS STAR TRIBUNE 2) it shall be placed on a national wire service
by the MINNEAPOLIS STAR TRIBUNE 3) it shall be posted on NJPA's website, 4) it shall be posted to
the website of "Noticetobiddenacom," and 5) it shall be posted to other third -party websites deemed
appropriate by NJPA. Other third party advertisers may include Onvia and Bidsync,
B. ADVERTISING OF A CONTRACT RESULTING FROM THIS RFP
9_2 ProposerNendor shall not advertise or publish information conceming 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.
C. APPLICABLE LAW
9_3 NJPA Compliance with Minnesota Procurement Law: Contracts awarded through NJPA are
intended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with as
many state laws as possible. It is the responsibility of each participating NJPA member to insure to their
satisfaction that these laws are satisfied. An individual NJPA member using these contracts is deemed by
their own accord to be in compliance with proposal regulations. NJPA encourages the awarded Vendor to
assist NJPA and the NJPA member in this research to the benefit of all involved.
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9_4 Governing Law: All applicable portions of the Minnesota Uniform Commercial Code and all other
applicable Minnesota laws shall govern contracts with the National Joint Powers Alliance®. 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.
9_5 Vendor Compliance with applicable law: Vendors) shall comply with all federal, state, or local
laws applicable to or pertaining to the sale of the products/services resulting from this RFP. All such
laws, whether or not herein contained, shall be included by this reference. It shall be Proposer'sNendor's
responsibility to determine the applicability and requirements of any such laws and to abide by them.
9_6 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.
9_7 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with
prevailing wage legislation in effect in thejurisdiction 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.
9_S 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
save harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted
or recovered against it by any person whosoever on account of the use or sale of such articles by NIPA or
NJPA Members in violation or right under such patent or copyright.
D. ASSIGNMENT OF CONTRACT
9_9 No right or interest in this Contract shall be assigned or transferred by the ProposerNendor without
prior written permission by the NJPA. No delegation of any duty of the ProposerNendor shall be made
without prior written permission of the NJPA. The NJPA shall notify the members within fifteen (15)
days of receipt of written notice by the Vender. After issuance the awarded Contract may be reassigned
to a comparable Vendor at the discretion of NJPA.
9.10 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 simple change of name
agreement will not change the contractual obligations of the Vendor.
E. PROPOSERS LIST
9.11 NJPA will not maintain or communicate to a proposers list. All interested proposers must respond to
the solicitation as a result of one of the methods of proposal advertisements listed above. Because of the
scope of the potential Members and national Vendors, NJPA has determined this to he the best method of
fairly soliciting proposals.
F. CAPTIONS, HEADINGS, AND ILLUSTRATIONS
9.12 The captious, 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.
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G. CONFIDENTIAL INFORMATION
9.13 If a Proposer wishes to withhold any part of its proposal from public inspection, then a statement
advising the NJPA of this fact shall acwmpany the submission. NJPA shall review the statement to
determine whether the information shall be withheld. If NJPA determines to disclose the information, the
Executive Director of NJPA shall inform the Proposer, in writing, of such determination prior to award of
Contract to Proposer.
H. DATA PRIVACY
9.14 Proposer agrees to abide by all applicable STATE and FEDERAL laws and regulations including
HIPPA concerning the handling and disclosure of private and confidential information regarding
individuals. Proposer agrees to hold NJPA harmless from its unlawful disclosure and/or use of
Private/confidential information.
I. ENTIRE AGREEMENT
9.15 The Contract, as defined herein, shall constitute the entire understanding between the parties to that
Contract.
9.16 A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs
the applicable Acceptance and Award Form document (see Form D).
J. FORCE MAJEURE
9.17 Except for payments of sums due, neither party shall be liable to the other nor deemed in default
under this Contract if and to the extent that such party's performance of this Contract is prevented 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 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 products/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.
K. GRATUITIES
9.18 NJPA may cancel this Contract by written notice if it is found that gratuities, in the form of
entertainment, gifts or otherwise, were offered or given by the ProposerNendor or any agent or
representative of the Proposer/Vendor, to any employee of the NJPA are deemed to be excessive with a
view toward securing a contract or with respect to the performance of this Contract.
L. HAZARDOUS SUBSTANCES
9.19 Proper Material Safety Data Sheets (MSDS), in compliance with OSHA's Hazard Communication
Standard, must he provided by the Vendor to NJPA or NJPA Member at the time of purchase.
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M. LEGAL REMEDIES
9.20 All claims and controversies between NJPA and Vendor shall be subject to the laws of the State of
Minnesota and are to be resolved in Todd County, Minnesota, the county in which NJPA is domiciled.
N. LICENSES
9.21 ProposerNendor shall maintain a current status on all required federal, state, and local licenses,
bonds and permits required for the operation of the business conducted by the ProposerNendor.
9.22 All responding Proposers must be licensed (where required) and have the authority to sell and
distribute offered products/services to NJPA and NJPA Members in all states. Documentation of said
licenses and authorities, if applicable, is requested.
O. MATERIAL SUPPLIERS AND SUB -CONTRACTORS
9.23 The apparent successful Vendor shall be required to supply the names and addresses of sourcing
suppliers and sub -contractors when requested.
9.24 Awarded Vendors under this RFP will be the sole source of responsibility for transactions
originating that award. The Awarded Vendor is solely responsible for products/services and services
provided by third party sourcing or service providers.
P. NON -WAIVER OF RIGHTS
9.25 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.
Q. PROTESTS OF AWARDS MADE
9.26 Protests shall be filed with the NJPA's Executive Director and shall be resolved in accordance with
appropriate state statutes of Minnesota. 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)
days after the public notice or announcement of the award. No protest shall lie for a claim that the
selected Proposer is not a responsible Proposer. A protest must include:
1. The name, address and telephone number of the protester;
2. The original signature of the protester or its representative;
3. Identification of the solicitation by RFP number;
4. Identification f the statute or procedure that is alleged to have been violated;
5. A precise statement of the relevant facts;
6. Identification of the issues to be resolved;
7. The aggrieved party's argument and supporting documentation.
R. PROVISIONS REQUIRED BY LAW
9.27 ProposerNendor agrees in the performance of a Contract resulting from this RFP, it has complied
with or will comply with all applicable statutes, laws, regulations, and orders of the United States and any
State thereof.
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S. PUBLIC RECORD
9.28 All proposals submitted to this invitation shall become the property of the NJPA and will become a
matter of public record and available for review subsequent to the award notification. Proposals may be
viewed by appointment at the NJPA offices Monday through Friday from 8:30 a.m. to 3:30 p.m.
T. RIGHT TO ASSURANCE
9.29 Whenever one party to this Contract has reason to question the other party's intent to perform, he/she
may demand a written assurance of this intent. In the event a demand is made and no written assurance is
given, the demanding party may treat this failure as an anticipatory repudiation of the Contract provided,
however, in order to be effective, any such demand shall be addressed to the authorized signer for the
party from whom the assurance is being sought, and sent via U.S. Postal Service, certified mail, return
receipt requested or national overnight delivery service with proof of delivery.
U. SUSPENSION OR DISBARMENT STATUS
930 If within the past five (5) years, any firm, business, person or Proposer submitting a proposal has
been lawfully precluded from participating in any public procurement activity with a federal, state or local
government, 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.
V. HUMAN RIGHTS CERTIFICATE
9.31 If Proposer is not domiciled in Minnesota and has NOT on any single working day in the past year,
employed more than 40 employees in the State of Minnesota, Proposer must provide a statement to that
effect.
9.32 If Proposer is not domiciled in Minnesota and has on any single working day in the past year,
employed more than 40 employees in the State of Minnesota, Proposer must document their application
for a Human Rights Certificate issued by the Minnesota Commissioner of Human Rights. Proposer must
also document receipt by the Minnesota Commissioner of Human Rights of that application and the
Proposer's affirmative action plan for the employment of minority persons, women, and qualified
disabled individuals.
933 If Proposer is domiciled in Minnesota and has on any single working day in the past year, employed
more than 40 employees in the State of Minnesota, Proposer must provide a copy of their "Certificate of
Compliance" from the Commissioner of the Minnesota Department of Human Rights.
W. SEVERABILITY
9.34 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 a Contract resulting from this RFP, but
such invalidity or unenforceability shall not invalidate any of the other terns of a Contract resulting from
this RFP.
X. RELATIONSHIP OF PARTIES
9.35 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
34 of 47
RFP 081411
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 sets 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 my be expressly provided herein.
35 of 47
RFP 081411
PROPOSER QUESTIONNAIRE
Form A
Proposer Name:
Questionnaire completed by:
Please provide an answer to all questions below and address all requests made in this RFP. Please use the Microsoft
Word/Excel document version of this questionnaire to respond to the questions contained herein. Please provide your
answer to each question indented below the question. 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.
Company Information
1) Why did you respond to this RFP?
2) Provide a brief history of your company that includes its goals and philosophy.
3) Provide profiles and an organizational chart for key sales and marketing executives of your company that will oversee
the implementation and operation of a Contract resulting from this RFP.
4) How long has your company has been in the PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND
HEAVY DUTY TRUCKS WITH RELATED ACCESSORIES, industry?
5) Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the
products and services being proposed?
a) If the Proposer is best described as a re -seller, manufacturer aggregate, or distributor, please provide evidence of
You authorization as a dealer/re-seller/manufacturer aggregate for the manufacturer of the products 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 and services proposed. Are these people your employees, or the
employees of a third party?
6) For public companies, provide your most recent annual report to shareholders.
7) For private companies, provide your most recent year-end financial statements, Your bond rating, and/or a credit
reference from Yom bank.
8) Provide a discussion of licenses and certifications both required to be held, and actually held by your organization in
pursuit of the commerce contemplated by this RFP.
9) Provide a discussion of licenses and certifications both required to be held, and actually held by third parties and sub-
contractors to Yom organization in pursuit of the commerce contemplated by this RFP. If not applicable, please
respond with "Not Applicable."
Industry-Marketolace Successes
10) List and document recent industry awards and recognition.
11) Supply three references/testimonials from customers similar to NJPA Members. Please include the customer's time,
contact, and phone number.
12) Provide names and addresses of the top five (5) governmental or education customers and dollar volumes from the
past year.
13) Provide documentation indicating the total dollar volume for each of your sales to government, education, and non-
profit agencies for the last three (3) fiscal years.
Proposer's ability to sell and service nationwide.
14) Please describe you sales force in terms of numbers, geographic dispersion, and the proportion of their attention
focused on the sale of the products/services contemplated in this RFP? a) Are these individuals your employees, or
36 of 47
RFP 081411
are they employees of a third party?
15) Please describe your service force in terms of numbers, geographic dispersion, and the proportion of their attention
focused on the sale of the products/services contemplated in this RFP? a) Are these individuals your employees, or are
they employees of a third party?
16) Describe in detail your customer service program regarding process and procedure. Please include, where
appropriate, response time commitments.
17) Identify any geographic areas or NJPA market segments of the United States you will NOT be serving through the
proposed contract.
18) Identify any of NJPA Member segments you will NOT be serving? (Government, Education, Non-profit)
Marketing Plan
19) Describe your training program for both greet-the-public and sales management levels relating to a NJPA award.
20) Describe your general marketing program strategy to promote the proposed Contract nationally.
21) Describe your marketing material, and overall marketing ability, relating to promoting this type of partnership and
contract opportunity. As much as possible, please send marketing materials in electronic format only to save paper.
22) Describe your use of technology and the internet to provide marketing and product awareness.
23) Describe your perception of NJPA's role in marketing the partnership and your products/services.
24) Describe the unique quality of the products/services in your proposal in relationship to others available in the market.
Value Added Attributes
25) Describe any training programs available as options for members.
26) Describe technological advances your proposal products/services offer.
27) Describe your "Green" program as it relates to your company, your products, and your recycling program, including a
list of all green products accompanied by the certifying agency for each.
28) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditation of your
organization directly involved in a Contract resulting from this RFP.
29) Identify any other unique or custom value added attributes.
30) Identify, any service contract options included in the proposed price, or offered as a proposed option, for the products
or services being offered.
31) Identify your ability and willingness to service Canada specifically and internationally in general.
32) Describe any unique distribution method employed in your proposal.
Payment Terms and Financing Options
33) Identify your payment terns. (Net 30, etc.)
34) Identify any applicable leasing or other financing options as defined herein.
35) 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).
Warrimity
36) Describe, in detail, your Warranty Program including conditions to qualify, claims procedure, and overall structure.
37) Do all warranties cover all material and labor?
38) Do warranties impose usage limit restrictions?
39) Do warranties cover the technicians travel time to perform warranty repairs?
40) Please list any other limitations or circumstances that would not be covered under your warranty.
41) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform
warranty repairs. How do NJPA Members in these regions receive warranty work?
Other Cooperative Procurement Contracts Held
42) Identify all cooperative governmental procurement contracts which are marketed in more than one state held or
utilized by the Proposer.
37 of 47
RFP 081411
43) Identify all government or state procurement contracts held or utilized by the Proposer with any State of the United
States.
44) Identify any GSA Contracts held or utilized by the Proposer.
45) If you are awarded the NJPA contract, are there any market segments (e.g., higher education, county governments,
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 you primary vehicle.
Products/Services and Pricimo
46) Provide a general narrative description of the products/services and services you are offering in your proposal.
47) Provide a general narrative description of your pricing model identifying how the model works (line item and/or
pefeenlege-kseeuru).
48) Propose a strategy, process, and specific method of facilitating "Sourced Goods" solution as defined herein.
49) Provide an overall statement of method of pricing for individual line items, catalogs and category pricing with regard
to all products/services and being proposed. Provide a SKU number for each item being proposed.
50) Provide a "CORE LIST' of products/services (as anticipated and defined by Proposer to meet or exceed the NJPA
members needs) as a separate and named spreadsheet. Include special pricing, if any, on these items.
51) Provide, if any, your volume rebate programs
52) Identify any Total Cost of Acquisition (as defined herein) costs) which is NOT included "Pricing" submitted with
your proposal response. Identify to whom these items are payable and their relationship to Proposer.
53) As an important part of the evaluation of your offer, you must indicate the level of pricing you are offering.
Prices offered in this proposal are:
a. The same as typically offered to an individual municipality or school district.
b. The same as typically offered to cooperative procurement organizations or state purchasing
departments.
c. Better than typically offered to cooperative procurement organizations or state purchasing
departments.
(Your proposal will be considered "Non -Responsive" if this question is not answered)
54) Do you offer quantity or volume discounts? YES NO Outline guidelines and program.
55) Describe you shipping, exchange and return program(s) and policy(s). Also specifically identify those programs as
they relate to Alaska and Hawaii.
56) Identify the Proposer's proposal for an administrative fee payable in NJPA for facilitation and promotion of the
Contract opportunity invited here. This fee should be calculated as a percentage of Contract sales.
Authorized Signature (Same signature as on Proposal Affidavit Signalise and Acceptance Fonn)
38 of 47
RFPI 11010
Form B
Company Name:
Address:
City/State/Zip: _
Phone:
Toll Free Number:
Web site:
PROPOSER INFORMATION
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
Contract Manager:
Email:
Phone:
Name:
Title:
Email:
Phone:
Name:
Title:_
Email:
Phone:
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
Page 39 of 47
RFP111010
EXCEPTIONS TO PROPOSAL. TERMS, CONDITIONS
AND SPECIFICATIONS REQUEST
Form C
Company Name:
Note: Orieinal must he sieved and inserted in the inside front cover pouch. Any exceptions to the Terns, Conditions,
Specifications, or Proposal Forms contained herein shall be noted in writing and included with the proposal submittal.
Please sign and date the bottom of each page of this document.
RFP
Page
Page 40 of 47
RPP 111010
Proposal Offering
And Acceptance and Award
RFP #102811
FORM D
In compliance with the Request for proposal (RFP) for PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND
HEAVY DUTY TRUCKS WITH RELATED ACCESSORIES, the undersigned warrants that I/we have examined this
RFP and, being familiar with all of the instmctions, terms and conditions, general specifications, expectations, technical
specifications, service expectations and any special terms, do hereby offer and agree to famish the defined
products/services and services in compliance with all terms, conditions of this RFP, any applicable amendments of this
RFP, and all Proposer's Response documentation. Proposer further understands they are the sole offeror herein and that
the performance of any subcontractors employed by the Proposer in fulfillment of this offer is the sole responsibility of
the Proposer.
Company Name:
Company Address:
Contact Person:
Authorized Signature (ink only):
Date:
State: Zip:
Title:
(Name printed or typed)
Contract Acceptance and Award (To be completed only ky NJPA)
Your proposal offering is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the
defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in
this RFP, any amendments to this RFP, and the Proposer's Response. The effective date of the Contract be
and continue for four years thereafter AND which is subject to annual renewal at the
option of both parties.
National Joint Powers Alliance® (NJPA)
NJPA Authorized signature:
Title: _Executive Director NJPA (Name printed or typed)
Awarded this day of Contract Number # 102811
NIDA Authorized signature:
Title:
(Name printed or typed)
Executed this day of Contract Number # 102811
Page 41 of 47
RFP 111010
PROPOSER ASSURANCE OF COMPLIANCE
Form E
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:
1. The undersigned certifies the Proposer is submitting their proposal under their true and correct time, the Proposer
has been properly originated and legally exists in good standing in its state of residence, that the Proposer
possesses, or will posses prior to the delivery of any goods and services, all applicable licenses necessary for such
delivery, 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 NIPA, 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 tree competition in the letting 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 I, 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 1, 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 products/services 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 expectations and specifications request outlined in this RFP under
consideration, hereby proposes to deliver through valid service request, Purchase Orders or forms for NJPA
Members per this RFP, only new, unused and first quality products/services and services to designated NJPA
Members, and
8. The Proposer has carefully checked the accuracy of all items and listed total price per item in this proposal. In
addition, the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of
commitment and delivery of services as outlined, and
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. If Proposer has more than 40 employees in the state in which their principal place of business is located, Proposer
Page 42 of 47
RFP 111010
hereby certifies their compliance with federal affirmative action requirements.
Company Name:
Contact Person for Questions: Phone:
(Must be individual who is response a or mg out t is Proposers esponse orm
Address:
City/State/Zip:
Telephone Number:
E-mail Address:
Authorized Signature: _
Authorized Name (typed)
Title:
Date:
Notarized
Fax Number:
Subscribed and swoon to before me this the day of 20
Notary Public in and for the County of
My commission
Page 43 of 47
State of
RFP 111010
Form G. OVERALL EVALUATION AND CRITERIA
In accordance with accepted standards of competitive sealed proposal awards as set forth in the Minnesota Procurement
Code, competitive sealed proposals/awards will be made to responsible Proposers whose proposals are determined in
writing to be responsive and also be the most advantageous to NJPA and its NJPA Members. To qualify for the final
evaluation, a Proposer must have been deemed responsive as a result of the criteria set for "Proposer Responsiveness." A
proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document.
Evaluation for:
For the Proposed Subject PASSENGER CARS LIGHT DUTY MEDIUM DUTY AND HEAVY DUTY TRUCKS
WITH RELATED ACCESSORIES
The evaluation criteria for this solicitation, not arranged in order of importance:
Conformance to terms antl contlitions to include ro..ua awaruen
tlocumentation 75
Pricing
300
Industry and Marketplace Successes
50
Bidder's Ability to Sell antl Sertice Comract Nationally
100
Bidder's Marketing Plan
75
Value Added Attributes
75
Inwicing Payment Tenns and Financing Options
25
Warranty Coverages antl Information.
100
Selection and Variety of Products and Services Offered
200
Total Points
1000 0
Bonus Points tl for:
reE,
Bidders "Green" characteristics
50
Bidders Dissadvantagetl Business Entity Charactoristics
50
Overall Evaluation Paints 1100
Proposed
Reviewed by:
Page 44 of 47
RFP 111010
FORM H State Of Minnesota—Affirmative Action Certification
Ifyour response to this solicitation is or could be in excess of $100,000, complete the information requested below to determine whether you me
subject to the Minnesota Human Rights Act (Minnesota Statutes 363A.36) certification requirement, and to provide documentation ofeompliance if
necessary. It is your sole responsibility to provide this Information and—if required�o apply for Human Rights certification prior to the
due date and time of the proposal or proposal and to obtain Human Rights certification prior to the execution of the contract The State of
Minnesota is under no obligation to delay proceeding with a malraet until a company receives Human Rights certi0eatioo BOX A—For
companies which have employed more than 40 full-time employees within Minnesota on any single working day during the previous 12 months. All
other companies proceed to BOX B.
Your response will be rejected unless your business:
M1 t Cert ficate of Conant ., d s,., m sl;
11
has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses
are due.
Check one ofthe following statements ifyou have employed more than 40 full-time employees in Minnesom on any single working day during the
previous 12 months:
❑ We have a current Certificate ofCompliance issued by the MDHR. Proceed to BOX C. Include a copy of your certificate with your
response.
❑ We do not have a current Certificate of Compliance. However, we submitted an Affirmative Action Plan to the MDHR for approval, which the
Department received on (dace). [Ifthe date is the same as the response due date, indicate the time your plan was
received: (purek Proceed to BOX C.
❑ We do not have a Certificate of Compliance, nor has the MDHR received an Affirmative Action Plan from our company. We acknowledge
that our response will be rejected. Proceed to BOX C. Contact the Minnesota Department of Human Rights for assistance. (See below
for contact information.)
Please note. Certificates of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative Action Plans approved by the
Federal government a county, or a municipality must still be received, reviewed, and approved by the Minnesota Depa a hent of Human Rights
before a certificate can be issued.
BOX B —For those companies not described in BOX A
Check below.
❑ We have not employed more than 40 full-time employes on any single working day in Minnesota within the previous 12 months. Proceed to
BOX C.
BOX C—Far all compnnies
By signing this statement you certify that the information provided is accurate and that you are authorized to sign on behalf.f the responder. You
also certify that you are in compliance with federal affirmative action requirements that may apply to yaw company. (These requirements arc
generally triggered only by participating as a prime or subcontractor on federal projects or contracts. Contractors are alerted to these requirements by
the federal government.)
Name of Company: _ Date
Authorized Signature: _ Telq
Printed Name:
...... w..a s a.., mnract:
Minnesota Department utilitarian Rights, Compliance Services Section
Mail: 190 East 50 St, Suite 700 St. Paul, MN 55101 TC Metro: (651) 296-5663 Toil Free: 800-657-3704
Web: www.humanrights.statermus Fax: (651)296-9042 TTY: (651)296-1283
Page 45 of 47
RFP 111010
Form I
State of Minnesota — Immix t' Status Cenitication
By order of the Governor's Executive Order 08-01, vendors and subcontractors MUST certify compliance with the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1101 et seq.) and certify use of the E -Verify system established by the Department of
Homeland Security.
E -Verify progmm Information can be found at http:/Avww dha clov/ximat tprmmms.
If any response to a solicitation is or could be in excess of $50,000, vendors and subcontractors must certify compliance with items 1
and 2 below. In addition, prior to the delivery of the product or initiation of services, vendors MUST obtain this certification from all
subcontractors who will participate in the performance of the contract. All subcontractor certifications most be kept on file with the
contract vendor and made available to the state upon request.
1. The company shown below is in compliance with the Immigration Reform and Control Act of 1986 in relation wall
employees performing work in the United States and does not knowingly employ persons in violation of the United States
immigration laws. The company shown below will obtain this certification from all subcontractors who will participate in the
performance of this contract and maintain subcontractor certifications for inspection by the state if such inspection is requested;
and
2. By the date of the delivery of the product and/or performance of services, the company shown below will have implemented
or will be in the process of implementing the E-Verifyprogram for all newly hired employees in the United States who wil I
Perform work on behalf of the State of Minnesota.
I certify that the company shown below is in compliance with items I and 2 above and that I am authorized to sign on its
behalf.
Authorized Signature:
Date:
Telephone Number:
Title:
If the contract vendor and/or the subcontmctom are not in compliance with the Immigration Reform and Control Act, or knowingly
employ persons in violation of the United States immigration laws, or have not begun or implemented the E -Verify program for all
newly hired employees in support of the contract, the state reserves the right m determine what action it may take. This action could
include, but would not be limited to cancellation of the contract, and/or suspending or debarring the contract vendor from state
purchasing.
For assistance with the E -Verb Program
Contact the National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833).
For assistance with this form, contact:
Mail: 112 Administration Bldg, 50 Sherburne Ave. St. Paul, MN 55155
&mail: MMDHeI L' (a)tate us
Telephone: 651.296.2600
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529
Page 46 of 47
Pre -submission Checklist
• Have you read and understood the RFP?
• Have you attended the Pre -Bid Conference for this RFP?
• Have you completed the questionnaire (Form A) to the best of your ability?
• Have you submitted pricing for all of the goods and services you offer within the scope of this RFP?
• Have you submitted a "Sourced Goods Multiplier?
• Have you packaged your bid submission identifying conspicuously "Competitive Bid Enclosed, Please
hold for public opening XX -XX -XXX".
• Have you sent your package in sufficient time for physical delivery at 200 1" ST NE Staples, MN 56479
will occur prior to the deadline for delivery?
• Have you submitted original completed and executed forms C,D,E,H, and I from this RFP?
• Have you submitted verification of liability insurance with the coverage and limits required in the RFP?
• Have you provided an electronic copy (saved on a CD or flash drive) of you entire proposal including,
but not limited to, Forms A,B,C, D,E,H, and I in you proposal?
Page 47 of 47
CORRECTED Addendum 083111
To that certain
RFW1112811
Issued by
The National Joint Powers Alliance®
For the procurement of:
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH
RELATED ACCESSORIES.
Please read this solicitation to include the following:
• The deadline for submission of proposals shall be extended from October 27, 2011 at 4:30 PM
Central Time to November 17, 2011 at 4:30PM Central Time.
• The public opening of proposals received shall be extended from October 28, 2011 at 8:00 AM
Central Time to November 18, 2011 at 8:00 AM Central Time.
• With respect to compliance with the general baseline specifications issued on the Excel pacing
spreadsheet, please identify the compliant equipment you are proposing for the parameter
identified and identify it as complaint. In the event you do not have a compliant option please
identify the equipment you want to propose for the parameter identified and identify it as "Non -
Compliant" with that specification.
• NJPA has moved. Please update all addresses. We have moved from 200 1B1 ST NE Staples, MN
to 202 12 Street NE Staples, MN 58479. This change will affect and include the address for
delivery of your proposal to NJPA.
Addendum 100511
To that certain
RFPN102811
Issued by
The National Joint Powers Alliance•
For the procurement of.-
PASSENGER
f:
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH
RELATED ACCESSORIES.
Please read this solicitation to include the following:
The deadline for RFP Requests for this solicitation will be changed from Tuesday October 4, 2011 to
Tuesday October 11, 2011.
CORRECTED Addendum 101411
To that certain
RFP#I 12811
Issued by
The National Joint Powers Alliance®
For the procurement of
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS
WITH RELATED ACCESSORIES.
Please read this solicitation to include the following:
• The deadline for submission of proposals shall be extended from October 27,
2011 at 4:30 PM Central Time to November 17, 2011 at 4:30PM Central Time.
• The public opening of proposals received shall be extended from October 28,
2011 at 8:00 AM Central Time to November 18, 2011 at 8:00 AM Central
Time.
• With respect to compliance with the general baseline specifications issues on
the Excel pricing spreadsheet, please identify the compliant equipment you
are proposing for the parameter identified and identify it as complaint. IN the
event you do not have a compliant option please identify the equipment you
want to propose for the parameter identified and identify it as "Non -
Compliant" with that specification.
• NJPA has moved. Please update all addresses. We have moved from 200 1"
ST NE Staples, MN to 202 12 Street NE Staples, MN 56479. This change will
affect and include the address for delivery of your proposal to NJPA.
CORRECTED Addendum 101811
To that certain
RFP#112811
Issued by
The National Joint Powers Alliance®
For the procurement of
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS
WITH RELATED ACCESSORIES.
Please read this solicitation to include the following;
QUESTION,
I will address the current situation for Government agency Members in the State of
Washington alone, just to give you an idea of the complexity.
• Sales tax must be paid by (even State) Government agencies. In the case
where the selling dealer is located in the state, the sales tax charged is
applicable to that which is charged at the location of the selling dealer.
• Sales taxes vary by county (and, in some cases, by city... so it's actually by
Zip Code!), and if the selling dealer is located outside the state, then the
Member must pay the sales tax that is applicable at their site.
o In the case of vehicles that are purchased but as yet not complete
vehicles (such as, cab/chassis that must have a service body
installed), the sales tax must include the completed vehicle. If a
Member chooses to purchase the chassis from me, and have someone
else complete the truck, sales tax cannot be determined/collected until
the unit is complete.
o In addition, the licensing cannot be completed until the completed unit
is weighed, and a weight slip Is included in the licensing app.
o The only way a dealer might be able to take on these responsibilities
would be to:
• Add a fee to consider the cost of Flooring these vehlcles through
this extra time the vehicle is "on their inventory books."
• Add an additional fee for a business, such as Road Ready
(www roadreadvreas corn) to take care of all the complexities
of this task, ensuring the dealer has not erred In the process of
serving the Members. The cost of a service such as this is
$105/vehicle, and we will have to consider this cost in the
rendering of our bid.
• Licensing is typically carried out by the Member for their vehicles.
I would hazard a guess that every state has different sales tax and licensing
policies... although Washington is decidedly complex.
I would suggest to you that the Members would be best served to take the
responsibility for taking care of the sales tax (where due), and the licensing as well.
The alternative is for the supplier to require that the Member indicate the sales tax
that will be due to their purchase, as well as the cost of licensing, with the
understanding that if the actual cost Incurred has a variance, they will be charged (or
reimbursed) for any difference.
You can make your proposal any way you want it to be, however you need to
disclose your exceptions to the "total cost of acquisition" costs which are not included
in your proposed pricing. Sales tax and licensing are to be included in the total cost
Of acquisition.
Prior to working for N]PA I worked in banking. In our bank was a leasing department
where we leased equipment in the underground directional boring industry
nationwide. To accomplish this we purchased software which ensured our compliance
with state and local sales taxes and helped us file sales tax returns in every state in
the nation. My point is that there are solutions out there for this problem. If you
want to play on a national scale, this may be something you want to look into
investing in.
With regard to the titling Issues, a motor vehicle, designed for use on a roadway,
which cannot be legally operated on a roadway because it is not legally titled, is less
valuable to N]PA Members than one that can. Our Members have not likely needed to
be licensing experts in the past and do not likely desire to become an expert to
utilize your contract. Therefore a proposal including titling will likely be superior to a
Proposal excluding titling from the Proposer's responsibilities.