Request for Proposal (RFP) for HVAC Equipment, Installation,
Service, Building Control Systems & Related Products and Services
Solicitation Number: 32-21
Publication Date: Tuesday, October 5th, 2021
Notice to Respondent:
Submittal Deadline: Thursday, November 18th, 2021 2:00 pm CST
Questions regarding this solicitation must be submitted to questions@ncpa.us no later
than Thursday, November 11th, 2021. All questions and answers will be posted to
http://www.ncpa.us/solicitations.
It is the intention of Region 14 Education Service Center (herein “Region 14 ESC”) to establish a Master
Agreement for HVAC Equipment, Installation, Service, Building Control Systems & Related Products and
Services for use by Region 14 ESC and other public agencies supported under this contract. This Request
for Proposal is issued on behalf of the National Cooperative Purchasing Alliance through a public agency
clause, which provides that any county, city, special district, local government, school district, private K-
12 school, higher education institution, state, other government agency, healthcare organization or
nonprofit organization may purchase Products and Services through this contract. Respondents will be
required to execute the NCPA Administration Agreement upon award.
This contract will allow agencies to purchase on an “as needed” basis from a competitively awarded
contract. Respondents are requested to submit their total line of available products and services. While
this solicitation specifically covers HVAC Equipment, Installation, Service, Building Control Systems &
Related Products and Services, respondents are encouraged to submit an offering on any or and all
products and services available that they currently perform in their normal course of business.
Responses shall be received electronically no later than the submittal deadline via our online Bonfire
portal at ncpa.bonfirehub.com
Immediately following the deadline, all responses will be publicly opened and the respondents recorded.
Any response received later than the specified deadline will be disqualified.
Responses will remain sealed by our online Bonfire portal until the bid opening time specified.
Responses received outside our online Bonfire portal will not be accepted. Sealed responses may be
submitted on any or all items, unless stated otherwise. Proposal may be rejected for failure to comply
with the requirements set forth in this invitation.
Competitive Solicitation by
Region 14 Education Service Center
For
HVAC Equipment, Installation, Service, Building Control
Systems & Related Products and Services
On behalf of itself and other Government Agencies
And made available through the
National Cooperative Purchasing Alliance
RFP # 32-21
Introduction / Scope
¨ Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher
education institutions in the United States of America, and other government agencies and non-
profit organizations (herein “Public Agency” or collectively “Public Agencies”) is soliciting
proposals from qualified vendors to enter into a Master Agreement for a complete line of HVAC
Equipment, Installation, Service, Building Control Systems & Related Products and Services.
¨ Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant contract
available to all participating agencies in the United States. NCPA provides marketing and
administrative support for the awarded vendor that promotes the successful vendor’s products
and services to Public Agencies nationwide. The Vendor will execute the NCPA Administration
Agreement (Tab 2) upon award. Vendor should thoroughly review all documents and note any
exceptions to NCPA terms and conditions in their proposal.
¨ Awarded vendor(s) shall perform covered services under the terms of this agreement.
Respondents shall provide pricing based on a discount from their standard pricing schedules for
products and/or services offered. Electronic Catalog and/or price lists must accompany the
proposal. Multiple percentage discount structure is also acceptable. Please specify where
different percentage discounts apply. Additional pricing and/or discounts may be included.
¨ Each service proposed is to be priced separately with all ineligible items identified. Services may
be awarded to multiple vendors. Respondents may elect to limit their proposals to a single service
within any category, or multiple services within any and all categories.
¨ National Cooperative Purchasing Alliance (NCPA)
Ø The National Cooperative Purchasing Alliance (herein “NCPA”) assists public agencies to
increase their efficiency and reduce their costs when procuring goods and services. This is
accomplished by awarding competitively solicited contracts that are leveraged nationally
by combining the volumes and purchasing power of entities nationwide. Our contracts are
available for use by any entity that must comply with procurement laws and regulations.
¨ It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP.
Ø Provide a comprehensive competitively solicited Master Agreement offering Products and
Services to Public Agencies;
Ø Achieve cost savings of Vendors and Public Agencies through a single competitive
solicitation process that eliminates the need for multiple proposals;
Ø Combine the purchasing power of Public Agencies to achieve cost effective pricing;
Ø Reduce the administrative and overhead costs of Vendors and Public Agencies through
state of the art purchasing procedures.
¨ While this solicitation specifically covers HVAC Equipment, Installation, Service, & Related
Products, respondents are encouraged to submit an offering on any and all products or services
available that they currently perform in their normal course of business. The scope of this RFP
shall include but not be limited to the following products and services:
• HVAC Refrigeration Type- Rotary, Centrifugal, Scroll, Reciprocating., Absorption
• Indoor Air Quality Products and Devices Type- Active polarization, non-ionizing,
electronic air cleaning systems intended to replace passive filtration, any other.
• Unitary Type-rooftops, split systems, VRFs, Heat Pumps, PTACs, water-source, mini-
splits
• Air handling Type- central station-manufactured or custom makeup air, fan, filter, coil
sections
• Air Terminal Devices and Heating Products Type-VAV, Fan Coils, Unit Ventilators,
Unit Heaters, Fin Tube Radiation/Convectors
• DDC Controls Type-core components, end devices, lighting, panels
• Cooling Towers Type- open, closed, evaporative, other
• Pumps Type- single stage, split case, end suction, inline, circulator, turbines
• Invertors
• Boilers & Water Heaters Type- modulating, condensing, cast iron, water tube,
packaged and other
• HVAC Specialty Products Type (e.g., modular, outside/inside, Steam & Thermal Heat
Recovery, Humidity Control, Heat Wheel, Heat Pipe, Heat Exchangers, Geothermal)
• Equipment Parts and Supplies Type- manufactured parts, emergency parts service,
miscellaneous material and supplies and other
• Startup & Commissioning Services Type - equipment startups, system checkouts,
control verification, retro commissioning, M & V verifications, rebate auditing, other
• Service & Maintenance Type- preventative and full maintenance contracts, man-at
attendance, remote monitoring, annuals, emergency services, regulatory compliance,
cleaning (e.g., duct, coils and filters), scheduled maintenance (e.g., oil, chemical and
vibration analysis) and other
• Installation and Turnkey Contracting Type- retrofit, new construction, energy
retrofit, controls new- and upgrade and other
• Warranty Services Type- Extended parts & labor (define maximum number of years
available), delayed start-up and other
• Energy Services Type-Energy Tracking, Energy Analysis, Evaluation of Potential
Upgrades, demand response, rebates and other
• Equipment Rentals Type-chillers, pumps, transformers, terminal units, generators,
cooling towers, packaged unitary and other
• Financial Services Type- leasing, prompt and pre-payment discounts, guaranteed
savings and other
• Professional Services Type- Engineering, Design, Drafting, Architectural, Project
Management and other
• Site Surveys Type- Equipment, system analysis, operational, architectural and other
Instructions to Respondents
¨ Submission of Response
Ø Only responses received via our online Bonfire portal will be accepted. Faxed or mailed
responses will not be accepted.
Ø Responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC
reserves the right to reject or accept any response.
Ø Deviations to the terms, conditions and/or specifications shall be conspicuously noted in
writing by the respondent and shall be included with the response.
Ø Withdrawal of response will not be allowed for a period of 120 days following the opening.
Pricing will remain firm for 120 days from submittal.
¨ Required Proposal Format
Ø Responses shall be provided electronically via our online Bonfire portal. Tabs should be
used to separate the proposal into sections, as identified below. Respondents failing to
organize in the manner listed may be considered non-responsive and may not be evaluated.
It’s recommended that all tabs, with the exception of Tab 7 (Pricing), be submitted in
Portable Document Format (PDF). Please note pricing can be submitted separately in a
alternate format (e.g. xlsx, xls, csv).
¨ Tabs
Ø Tab 1 – Master Agreement / Signature Form
Ø Tab 2 – NCPA Administration Agreement
Ø Tab 3 – Vendor Questionnaire
Ø Tab 4 – Vendor Profile
Ø Tab 5 – Products and Services / Scope
Ø Tab 6 - References
Ø Tab 7 - Pricing
Ø Tab 8 – Value Added Products and Services
Ø Tab 9 – Required Documents
Tab 1 – Master Agreement
General Terms and Conditions
¨ Customer Support
Ø The vendor shall provide timely and accurate technical advice and sales support. The
vendor shall respond to such requests within one (1) working day after receipt of the
request.
¨ Disclosures
Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any
time hereafter any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor or service to a public servant in connection with this contract.
Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at
independently, and is submitted without collusion with anyone to obtain information or
gain any favoritism that would in any way limit competition or give an unfair advantage
over other vendors in the award of this contract.
¨ Renewal of Contract
Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to
renew for up to two (2) additional one-year terms or any combination of time equally not
more than 2 years if agreed to by Region 14 ESC and the vendor.
¨ Funding Out Clause
Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A
contract for the acquisition, including lease, of real or personal property is a commitment
of the entity’s current revenue only, provided the contract contains either or both of the
following provisions:
Ø Retains to the entity the continuing right to terminate the contract at the expiration of each
budget period during the term of the contract and is conditioned on a best efforts attempt
by the entity to obtain appropriate funds for payment of the contract.
¨ Shipments (if applicable)
Ø The awarded vendor shall ship ordered products within the written estimate of delivery
time by the vendor to the entity after the receipt of the order unless modified. If a product
cannot be shipped within that time, the awarded vendor shall notify the entity placing the
order as to why the product has not shipped and shall provide an estimated shipping date.
At this point the participating entity may cancel the order if estimated shipping time is not
acceptable. All deliveries shall be freight prepaid, F.O.B. destination.
¨ Tax Exempt Status
Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility
of the vendor.
¨ Payments
Ø The entity using the contract will make payments directly to the awarded vendor or their
affiliates (distributors/business partners/resellers) as long as written request and
approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their
contract throughout the life of the contract. Vendor must receive written approval from
NCPA before such distributors/partners/resellers considered authorized.
Ø Purchase orders and payment can only be made to awarded vendor or
distributors/business partners/resellers previously approved by NCPA.
Ø Pricing provided to members by added distributors or dealers must also be less than or
equal to the pricing offered by the awarded contract holder.
Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of
the vendor's agreement with NCPA.
¨ Pricing
Ø All pricing submitted shall include the administrative fee to be remitted to NCPA by the
awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date
and on file with NCPA.
Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing
offered unless otherwise clearly stated in writing
¨ Warranty
Ø Proposals should address each of the following:
§ Applicable warranty and/or guarantees of equipment and installations including
any conditions and response time for repair and/or replacement of any components
during the warranty period.
§ Availability of replacement parts
§ Life expectancy of equipment under normal use
§ Detailed information as to proposed return policy on all equipment
¨ Indemnity
Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its
participants, administrators, employees and agents against all claims, damages, losses and
expenses arising out of or resulting from the actions of the vendor, vendor employees or
vendor subcontractors in the preparation of the solicitation and the later execution of the
contract.
¨ Franchise Tax
Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of
any franchise taxes.
¨ Supplemental Agreements
Ø The entity participating in this contract and awarded vendor may enter into a separate
supplemental agreement to further define the level of service requirements over and above
the minimum defined in this contract i.e. invoice requirements, ordering requirements,
specialized delivery, etc. Any supplemental agreement developed as a result of this contract
is exclusively between the participating entity and awarded vendor.
¨ Certificates of Insurance
Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of
work. The insurance company shall be licensed in the applicable state in which work is
being conducted. The awarded vendor shall give the participating entity a minimum of ten
(10) days notice prior to any modifications or cancellation of policies. The awarded vendor
shall require all subcontractors performing any work to maintain coverage as specified.
¨ Legal Obligations
Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and
federal laws governing the sale of products/services identified in this RFP and any
awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and
regulation must be followed even if not specifically identified herein.
¨ Protest
Ø A protest of an award or proposed award must be filed in writing within ten (10) days from
the date of the official award notification and must be received by 5:00 pm CST. Protests
shall be filed with Region 14 ESC and shall include the following:
§Name, address and telephone number of protester
§Original signature of protester or its representative
§Identification of the solicitation by RFP number
§Detailed statement of legal and factual grounds including copies of relevant
documents and the form of relief requested
Ø Any protest review and action shall be considered final with no further formalities being
considered.
¨ Force Majeure
Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in
part to carry out its obligations under this Agreement then such party shall give notice and
full particulars of Force Majeure in writing to the other party within a reasonable time after
occurrence of the event or cause relied upon, and the obligation of the party giving such
notice, so far as it is affected by such Force Majeure, shall be suspended during the
continuance of the inability then claimed, except as hereinafter provided, but for no longer
period, and such party shall endeavor to remove or overcome such inability with all
reasonable dispatch.
Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or
other industrial disturbances, act of public enemy, orders of any kind of government of the
United States or any civil or military authority; insurrections; riots; epidemics; landslides;
lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests;
restraint of government and people; civil disturbances; explosions, breakage or accidents
to machinery, pipelines or canals, or other causes not reasonably within the control of the
party claiming such inability. It is understood and agreed that the settlement of strikes and
lockouts shall be entirely within the discretion of the party having the difficulty, and that
the above requirement that any Force Majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes and lockouts by acceding to the
demands of the opposing party or parties when such settlement is unfavorable in the
judgment of the party having the difficulty
¨ Prevailing Wage
Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing
wage legislation in effect in the jurisdiction of the purchaser. It shall further be the
responsibility of the Vendor to monitor the prevailing wage rates as established by the
appropriate department of labor for any increase in rates during the term of this contract
and adjust wage rates accordingly.
¨ Miscellaneous
Ø Either party may cancel this contract in whole or in part by providing written notice. The
cancellation will take effect 30 business days after the other party receives the notice of
cancellation. After the 30th business day all work will cease following completion of final
purchase order.
¨ Open Records Policy
Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release
as public information after contracts are executed. If a vendor believes that its response, or
parts of its response, may be exempted from disclosure, the vendor must specify page-by-
page and line-by-line the parts of the response, which it believes, are exempt. In addition,
the respondent must specify which exception(s) are applicable and provide detailed
reasons to substantiate the exception(s).
Ø The determination of whether information is confidential and not subject to disclosure is
the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG
sufficient information to render an opinion and therefore, vague and general claims to
confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the
opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal
arguments on behalf of any vendor. Respondent are advised to consult with their legal
counsel concerning disclosure issues resulting from this procurement process and to take
precautions to safeguard trade secrets and other proprietary information.
Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes,
ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC
in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined
to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for
evaluation, response must have been submitted on time, and satisfy all mandatory requirements
identified in this document.
¨ Contract Administration
Ø The contract will be administered by Region 14 ESC. The National Program will be
administered by NCPA on behalf of Region 14 ESC.
¨ Contract Term
Ø The contract term will be for three (3) year starting from the date of the award. The
contract may be renewed for up to two (2) additional one-year terms or any combination
of time equally not more than 2 years.
Ø It should be noted that maintenance/service agreements may be issued for up to (5) years
under this contract even if the contract only lasts for the initial term of the contract. NCPA
will monitor any maintenance agreements for the term of the agreement provided they are
signed prior to the termination or expiration of this contract.
¨ Contract Waiver
Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the
duly authorized agent of Region 14 ESC. The waiver by either party of any term or
condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of
any further or additional right that such party may hold under this contract.
¨ Products and Services additions
Ø Products and Services may be added to the resulting contract during the term of the
contract by written amendment, to the extent that those products and services are within
the scope of this RFP.
¨ Competitive Range
Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in
the competitive range are unacceptable and do not receive further award consideration.
¨ Deviations and Exceptions
Ø Deviations or exceptions stipulated in response may result in disqualification. It is the
intent of Region 14 ESC to award a vendor’s complete line of products and/or services,
when possible.
¨ Estimated Quantities
Ø The estimated dollar volume of Products and Services purchased under the proposed
Master Agreement is $100 million dollars annually. This estimate is based on the
anticipated volume of Region 14 ESC and current sales within the NCPA program. There is
no guarantee or commitment of any kind regarding usage of any contracts resulting from
this solicitation
¨ Evaluation
Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to,
the relevant statutes, ordinances, rules and regulations that govern its procurement
practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for
contract awards will be based on multiple factors, each factor being assigned a point value
based on its importance.
¨ Formation of Contract
Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the
terms, conditions, scope of work, and specifications contained in this request. A solicitation
does not become a contract until it is accepted by Region 14 ESC. The prospective vendor
must submit a signed Signature Form with the response thus, eliminating the need for a
formal signing process.
¨ NCPA Administrative Agreement
Ø The vendor will be required to enter and execute the National Cooperative Purchasing
Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The
agreement establishes the requirements of the vendor with respect to a nationwide
contract effort.
¨ Clarifications / Discussions
Ø Region 14 ESC may request additional information or clarification from any of the
respondents after review of the proposals received for the sole purpose of elimination
minor irregularities, informalities, or apparent clerical mistakes in the proposal.
Clarification does not give respondent an opportunity to revise or modify its proposal,
except to the extent that correction of apparent clerical mistakes results in a revision. After
the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions
with those respondent’s whose proposals are determined to be reasonably susceptible of
being selected for award. Discussions occur when oral or written communications
between Region 14 ESC and respondent’s are conducted for the purpose clarifications
involving information essential for determining the acceptability of a proposal or that
provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will
not assist respondent bring its proposal up to the level of other proposals through
discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet
to neither obtain further consideration nor will it provide any information about other
respondents’ proposals or prices.
¨ Multiple Awards
Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will
ensure that any ensuing contracts fulfill current and future requirements of the diverse and
large number of participating public agencies.
¨ Past Performance
Ø Past performance is relevant information regarding a vendor’s actions under previously
awarded contracts; including the administrative aspects of performance; the vendor’s
history of reasonable and cooperative behavior and commitment to customer satisfaction;
and generally, the vendor’s businesslike concern for the interests of the customer.
Evaluation Criteria
¨ Product & Services/Pricing (40 points)
Ø Respondent(s)’ products and services (e.g.; quality and breadth of product(s)/service(s),
description(s) quality, reputation in the marketplace, average on time delivery rate and
historical shipping timelines, return and restocking policies and applicable fees, average Fill
Rate, shipping charges and other)
Ø Competitive Level of Pricing for vendor’s available products and services
Ø Warranties on Respondent(s)’ products and services (e.g.; availability of standard/extended
warranties, pricing, detailed descriptions, ease of process and others)
Ø Evidence of the ability of Respondent(s)’ products and services to save members time and
money (e.g.; breadth of service departments, technological advances, personnel experience,
product(s) efficiencies, and others)
Ø Other factors relevant to this section as submitted by the responder(s)
¨ Ability to Provide and Perform the Required Services for the Contract (25 points)
Ø Response to emergency orders & service (e.g.; response time, breadth of service coverage,
strength of meeting service and warranty needs of members)
Ø Customer service/problem resolution (e.g.; technical abilities of service personnel; quality
of processes,)
Ø Invoicing process (e.g.; ease of use; transparency, billing resolutions)
Ø Respondent(s)’ processes, and quality of organizational structure
Ø Contract implementation/Customer transition
Ø Financial condition of vendor
Ø Offeror’s safety record (e.g.; benchmarks, lost hours, reporting)
Ø Instructional materials and training (e.g.; administrative documentation, internal technical
training, training of agencies)
Ø Other factors relevant to this section as submitted by the proposer
¨ References (10 points)
Ø A minimum of ten (10) customer references for product and/or services of similar scope
dating within past 3 years
¨ Qualification and Experience (15 points)
Ø Respondent(s)’ reputation in the marketplace
Ø Past relationship with Region 14 ESC and/or NCPA members
Ø Experience with cooperative selling (e.g.; number of other cooperatives, Exhibited
understanding of cooperative purchasing)
Ø Experience and qualification of key employees
Ø Location and number of sales persons who will work on this contract
Ø Marketing plan and capability
Ø Past experience working with the government sector
Ø Past litigation, bankruptcy, reorganization, state investigations of entity or current officers
and directors
Ø Completeness of response (e.g.; filled out all sections, answered all questions, provided
pricing)
Ø Other factors relevant to this section as submitted by the proposer
¨ Value Added Services Description, Products and/or Services (10 points)
Ø Marketing and agency Training
Ø Customer Service
Ø Sales force training (e.g.; internal training plan, corporate officer involvement, orientation
commitment)
Ø Marketing plan and capability (e.g.; contract rollout plan, benchmarks, goals)
Ø Green initiative(s) (e.g.; philosophy, certificates, awards)
Ø Quality and breadth of value add(s)
Ø Other factors relevant to this section as submitted by the proposer
Signature Form
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with
the terms, specifications and conditions at the prices proposed within response unless noted in writing.
The undersigned further certifies that he/she is an officer of the company and has authority to negotiate
and bind the company named below and has not prepared this bid in collusion with any other Respondent
and that the contents of this proposal as to prices, terms or conditions of said bid have not been
communicated by the undersigned nor by any employee or agent to any person engaged in this type of
business prior to the official opening of this proposal.
Prices are guaranteed: 120 days
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of __________________________________, by and between National
Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”).
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________,
referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may
be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the
purchase of HVAC Equipment, Installation, Service, Building Control Systems & Related Products and
Services;
WHEREAS, said Master Agreement provides that any state, city, special district, local government,
school district, private K-12 school, technical or vocational school, higher education institution, other
government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively,
“public agencies”) may purchase products and services at the prices indicated in the Master Agreement;
WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the
Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other
master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement;
WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master
Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual
covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
¨ General Terms and Conditions
Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as
though fully set forth herein, and the terms and conditions contained therein shall apply to
this Agreement except as expressly changed or modified by this Agreement.
Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region
14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall
accrue and apply with equal effect to NCPA under this Agreement including, but not limited
to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications
to Region 14 ESC.
Ø Vendor shall perform all duties, responsibilities and obligations required under the Master
Agreement in the time and manner specified by the Master Agreement.
Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of
purchases under the Master Agreement as set forth herein, and Vendor acknowledges that
NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to
the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer,
representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public
Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region
14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the
Master Agreement, or (ii) for any payments required to be made with respect to such
order, and (c) shall not be obligated, liable or responsible for any failure by the Public
Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the
due authorization and approval necessary to purchase under the Master Agreement. NCPA
makes no representations or guaranties with respect to any minimum purchases required
to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or
Public Agency under this Agreement or the Master Agreement.
Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate
supplemental agreement to further define the level of service requirements over and above
the minimum defined in this contract i.e. invoice requirements, ordering requirements,
specialized delivery, etc. Any supplemental agreement developed as a result of this contract
is exclusively between the Public Agency and Vendor. NCPA, its agents, members and
employees shall not be made party to any claim for breach of such agreement.
¨ Term of Agreement
Ø This Agreement shall be in effect so long as the Master Agreement remains in effect,
provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through
the termination of this Agreement and all indemnifications afforded by Vendor to NCPA
shall survive the term of this Agreement.
¨ Fees and Reporting
Ø The awarded vendor shall electronically provide NCPA with a detailed quarterly report
showing the dollar volume of all sales under the contract for the previous quarter. Reports
are due on the fifteenth (15th) day after the close of the previous quarter. It is the
responsibility of the awarded vendor to collect and compile all sales under the contract
from participating members and submit one (1) report. The report shall include at least
the following information as listed in the example below:
Entity Name Zip Code State PO or Job # Sale Amount
Total ________________
Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered
fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.
Deadline for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the
Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a
period of four (4) years from the date NCPA receives the accounting. In the event of such
an audit, the requested materials shall be provided at the location designated by Region 14
ESC or NCPA. In the event such audit reveals an under reporting of Contract Sales and a
resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the
amount of such underpayment, together with interest on such amount and shall be
obligated to reimburse NCPA’s costs and expenses for such audit.
¨ General Provisions
Ø This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the subject matter hereof, and no other
agreement, statement, or promise relating to the subject matter of this Agreement which is
not contained herein shall be valid or binding.
Ø Awarded vendor agrees to allow NCPA to use their name and logo within website,
marketing materials and advertisement. Any use of NCPA name and logo or any form of
publicity regarding this contract by awarded vendor must have prior approval from NCPA.
Ø If any action at law or in equity is brought to enforce or interpret the provisions of this
Agreement or to recover any administrative fee and accrued interest, the prevailing party
shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to
which such party may be entitled.
Ø Neither this Agreement nor any rights or obligations hereunder shall be assignable by
Vendor without prior written consent of NCPA, provided, however, that the Vendor may,
without such written consent, assign this Agreement and its rights and delegate its
obligations hereunder in connection with the transfer or sale of all or substantially all of its
assets or business related to this Agreement, or in the event of its merger, consolidation,
change in control or similar transaction. Any permitted assignee shall assume all assigned
obligations of its assignor under this Agreement.
Ø This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s
sole discretion, to an existing or newly established legal entity that has the authority and
capacity to perform NCPA’s obligations hereunder
Ø All written communications given hereunder shall be delivered to the addresses as set
forth below.
National Cooperative Purchasing Alliance: Vendor: ________________________________________
Name: ________________________________________ Name: ________________________________________
Title: ________________________________________ Title: ________________________________________
Address: ________________________________________ Address: ________________________________________
________________________________________ ________________________________________
Signature: ________________________________________ Signature: ________________________________________
Date: ________________________________________ Date: ________________________________________
NCPA Registered Vendor Quotation Number
RFP responders may with the participating members agreement utilize NCPA’s quotation number registration
program to provide consistency and faster service for our facility awarded vendors, agency members and
participants. The process will require Facility Contract holders to register and receive a NCPA Vendor Registered
Quotation Number that must be prominently displayed on each proposal(s) that you present to the agencies. The
system will track Facility transactions from the initial proposal stage to the completion of each project. NCPA has
assembled an experienced Facilities Management Team that stands ready and willing to assist its vendors in
providing quality services to the awarded vendor’s organization.
NCPA Registered Vendor Quotation Number Process
Fill out the form on the Facilities page at www.NCPA.us
(Direct link is http://www.ncpa.us/Facilities/Register)
* Fill out and submit.
• All registered vendor quotation number requests must be submitted and a proposal number received before
you present it to your potential customer.
• You will have a response with a NCPA Vendor Registered Quotation Number within 4 hours.
• If you have an emergency and need a quotation number sooner, call any member of the Facility Management
team and we will help you.
• Include the quotation number on all proposals.
This document acknowledges that you have received and agree to the details, directions and expectations of the
NCPA Vendor Registered Quotation Number process.
Date
RFP Number
Company Name
Printed Name
Signature
Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations,
organization, structure, and processes for providing products and services.
¨ States Covered
Ø Bidder must indicate any and all states where products and services can be offered.
Ø Please indicate the price co-efficient for each state if it varies.
50 States & District of Columbia (Selecting this box is equal to checking all boxes below)
Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware Nebraska Washington
District of Columbia Nevada West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island
All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below)
American Somoa Northern Marina Islands
Federated States of Micronesia Puerto Rico
Guam U.S. Virgin Islands
Midway Islands
¨ Minority and Women
Business Enterprise (MWBE) and (HUB) Participation
Ø It is the policy of some entities participating in NCPA to involve minority and women
business enterprises (MWBE) and historically underutilized businesses (HUB) in the
purchase of goods and services. Respondents shall indicate below whether or not they are
an M/WBE or HUB certified.
§ Minority / Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
§ Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
¨ Residency
Ø Responding Company’s principal place of business is in the city of _______________________,
State of __________
¨ Felony Conviction Notice
Ø Please Check Applicable Box;
A publically held corporation; therefore, this reporting requirement is not applicable.
Is not owned or operated by anyone who has been convicted of a felony.
Is owned or operated by the following individual(s) who has/have been convicted of
a felony
Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be
attached.
¨ Distribution Channel
Ø Which best describes your company’s position in the distribution channel:
Manufacturer Direct Certified education/government reseller
Authorized Distributor Manufacturer marketing through reseller
Value-added reseller Other: ______________________________________
¨ Processing Information
Ø Provide company contact information for the following:
§ Sales Reports / Accounts Payable
Contact Person: _____________________________________________________________________
Title: _________________________________________________________________________________
Company: ____________________________________________________________________________
Address: _____________________________________________________________________________
City: ____________________________ State: ________________________ Zip: ______________
Phone: _________________________________ Email: ____________________________________
§ Purchase Orders
Contact Person: _____________________________________________________________________
Title: _________________________________________________________________________________
Company: ____________________________________________________________________________
Address: _____________________________________________________________________________
City: ____________________________ State: ________________________ Zip: ______________
Phone: _________________________________ Email: ____________________________________
§ Sales and Marketing
Contact Person: _____________________________________________________________________
Title: _________________________________________________________________________________
Company: ____________________________________________________________________________
Address: _____________________________________________________________________________
City: ____________________________ State: ________________________ Zip: ______________
Phone: _________________________________ Email: ____________________________________
¨ Pricing Information
Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer
all future product introductions at prices that are proportionate to Contract Pricing.
§ If answer is no, attach a statement detailing how pricing for NCPA participants
would be calculated for future product introductions.
Yes No
Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is
calculated based on the invoice price to the customer.
Yes No
Ø Vendor will provide additional discounts for purchase of a guaranteed quantity.
Yes No
¨ Cooperatives
Ø List any other cooperative or state contracts currently held or in the process of securing.
Cooperative/State Agency Discount Expires Annual Sales
Offered Volume
Tab 4 – Vendor Profile
Please provide answers to the following questions in a clear and concise manner. Provide the
question number in your response:
GENERAL:
1. Company’s official registered name.
2. Brief history of your company, including the year it was established.
3. Company’s Dun & Bradstreet (D&B) number.
4. Corporate office location.
5. List number of employees either nationally or regionally (if your response is not all states) with
breakdown of direct sales, sales support, service technicians, engineering support and
administration.
6. List the number and location of offices, or service centers for all states being offered in solicitation.
Additionally, list the names of key contacts at each location with title, address, phone and e-mail
address.
7. Please provide contact information for the person(s) who will be responsible for the following
areas, including resumes:
a. Sales
b. Sales Support
c. Marketing
d. Financial Reporting
e. Executive Support
8. Define your standard terms of payment.
9. Who is your competition in the public marketplace?
10. Overall annual sales for last three (3) years; 2018, 2019, 2020.
11. Overall public sector sales, excluding Federal Government, for last three (3) years; 2018, 2019,
2020.
12. What is your strategy to increase market share in the public space?
13. What differentiates your company from your competitors?
14. Briefly summarize your company’s Quality control/Quality assurance program.
15. Provide information regarding whether your firm, either presently or in the past, has been involved
in any litigation, bankruptcy, or reorganization.
16. Provide evidence of your company’s ability to continuously lower the customer’s costs. Provide
examples of any documented cost reduction results that your company has engaged in with your
customers.
PRODUCTS:
17. What is the reputation of your company’s products in the public marketplace?
18. Indicate your company’s ability to provide temporary cooling when needed.
19. What equipment/system support documents will your company provide?
20. Identify the process of receiving a purchase order to the ordering of equipment.
21. Describe your company’s shipping schedule notification procedures.
22. Describe how your company deals with shipping delays. How do you notify your customer of
delays?
23. Provide your shipping schedule reporting form. How many times do you update?
24. How many products do you stock? Where?
25. What is your percentage of on-time delivery at each manufacturing plant?
26. Describe any direct order entry system or capabilities your organization has such as internet
capabilities.
27. Are all HVAC units UL listed and in compliance with all applicable codes in all states?
28. If your product is defective, what is the replacement process and turnaround?
29. What is the capability of your company to respond to emergency/rush orders?
30. State whether your company provides a quality guarantee on your products. If so, please describe.
31. Describe your procedures to monitor the quality of your products.
32. Do you offer extended parts and labor warranties? If yes, state length of warranty.
33. Please give examples of state and local agencies where your company has extended labor
warranties. Include length of these warranties.
34. What is you standard warranty on Building Automation Controls?
35. What is your standard warranty on replacement parts?
36. How does your company track warranties and update equipment lists/warranty periods as units or
components are replaced?
37. What states would your company not honor pricing on your supplied equipment for this contract,
in the event that this contract is made available to all states?
SERVICES:
38. Describe your company’s Customer Service Department (hours of operation, number of service
centers, parts outlets, number of technicians, etc.) Clarify if the service centers are owned by your
company of if they are a network of subcontractors.
39. Describe how your company handles after-hours customer service needs indicate your average
response time to emergency service calls.
40. Discuss your organization’s capability and historical flexibility in completing timely service calls
and problem resolution.
41. Please describe the quality program(s) within your company which measures your service work.
42. List your company’s standard scope of work performed for preventative maintenance visits.
43. List the dollar volume your company completes nationally (or regionally if you responded as such)
in HVAC maintenance annually.
44. Describe your call center organization.
45. Does your company offer a dedicated, 800 number for all locations to place phone and fax orders?
Is the call center available 24 hours/7 days week?
46. Describe how service call problems get escalated in emergency situations during and after hours.
Who would be responsible in your company for assessing the appropriate course of action to
remedy the problem?
47. List the steps taken from start to finish in receiving a service call through to completion of repair
and invoicing. Include time frames associated with each step.
48. What technology such as GPS tracking does your company use to track completion of repairs?
49. What is the reputation of your company’s service in the public marketplace?
50. How does your company spread the cost of a Preventative Maintenance contract over the entire
year?
51. Identify the process of receiving a purchase order to the providing of a service contract.
52. List your company’s current capabilities for energy management system monitoring. Discuss the
process involved when resolving a problem associated with an HVAC unit or system where an
energy management system is installed.
53. List the number of sites your company currently monitors Energy Management Systems (EMS).
54. List your company capabilities regarding system changes and repairs to EMS systems.
55. List the reporting capabilities your company has for EMS system parameters.
56. Does your company maintain and repair/replace EMS in-house (self-perform) including
monitoring, alarm resolution, repairs and adjustments?
57. Describe your process for trouble shooting a problem (HVAC, lighting, etc.) at a site with an EMS
system. How does repair get escalated for service?
58. Describe your company’s startup and system checkout responsibilities
59. Describe your company’s post-installation and warranty support
60. Describe your company’s steps for system analysis.
61. Discuss your company’s current computer systems architecture. How do your company’s computer
system guarantee customers receive consistent service support, HVAC responsibility verification,
and management reporting?
62. What does your company do to ensure bills are received from service centers within a reasonable
time frame and issued to government entities for payment?
63. Explain how your company qualifies/certifies its service centers and what types of checks are
performed to ensure standards are upheld.
64. Is warranty coverage dependent on using your start-up procedure?
65. Who performs your start-up procedure?
66. List the total dollar volume your company completes in HVAC retrofits annually.
67. List the other functions your company can provide regarding unit replacement to offer a turnkey
project (ex. electrical, sheet metal work, EMS system connection and programming, etc.)
68. Explain how your company would propose a planned unit replacement program including how
units would be identified for replacement and how pricing would be addressed.
69. Describe what project scheduling tools your company use to track projects during construction.
70. How does your company make the proper equipment selection on a turnkey or energy retrofit
contract project?
71. Describe how your company handles site development and project permitting process.
72. Describe you company’s design-build quality control guidelines for design, construction and review
on a turnkey or energy retrofit contract project.
73. What is your company’s design approach and philosophy for a turnkey or energy retrofit contract
project?
74. Describe your company’s construction management plan.
75. What is your standard warranty on installation?
76. What is your standard warranty on energy retrofit contracting?
77. Do you differentiate in your company’s standard warranty if financing is part of the contract? If so,
please describe.
78. State whether your company provides a quality guarantee on your service. If so, please describe.
79. What states would your company not honor pricing on services for this contract, in the event that
this contract is made available to all states?
SAFETY:
80. Describe your company’s safety program during service/repair work.
81. Describe your company’s safety program during construction.
82. Indicate number of lost hours or other benchmarks to verify your company’s effectiveness of their
safety record.
83. What reporting mechanism does your company provided to the customer upon completion of any
project?
MARKETING/ SALES
84. Detail how your organization plans to market this contract within the first 90 days of the award
date. This should include, but not be limited to:
a. A co-branded press release within first 30 days
b. Announcement of award through any applicable social media sites
c. Direct mail campaigns
d. Co-branded collateral pieces
e. Advertisement of contract in regional or national publications
f. Participation in trade shows
g. Dedicated NCPA and Region 14 ESC internet web-based homepage with:
i. NCPA and Region 14 ESC Logo
ii. Link to NCPA and Region 14 ESC website
iii. Summary of contract and services offered
iv. Due Diligence Documents including; copy of solicitation, copy of contract and any
v. amendments, marketing materials
85. Describe how your company will demonstrate the benefits of this contract to eligible entities if
awarded.
86. Explain how your company plans to market this agreement to existing government customers.
87. Provide a detailed 90-day plan describing how the contract will be implemented within your
company.
88. Describe how you intend on train your national and/or regional sales force on the Region 14 ESC
agreement.
89. Acknowledge that your organization agrees to provide its company logo(s) to Region 14 ESC and
agrees to provide permission for reproduction of such logo in marketing communications and
promotions.
90. Provide the revenue that your organization anticipates each year for the first three (3) years of this
agreement.
$_________ in year one
$_________ in year two
$_________ in year three
ADMINISTRATION
91. Describe your company’s implementation and success with existing cooperative purchasing
programs, if any, and provide the cooperative’s name(s), contact person(s) and contact information
as reference(s).
92. Describe the capacity of your company to report monthly sales through this agreement.
93. Describe the capacity of your company to provide management reports, i.e. consolidated billing by
location, time and attendance reports, etc. for each eligible agency.
94. Please provide any suggested improvements and alternatives for doing business with your
company that will make this arrangement more cost effective for your company and Participating
Public Agencies.
95. Green Initiatives
Ø As our business grows, we want to make sure we minimize our impact on the Earth’s
climate. We are taking every step we can to implement innovative and responsible
environmental practices throughout NCPA to reduce our carbon footprint, reduce waste,
energy conservation, ensure efficient computing and much more. To that effort we ask
respondents to provide their companies environmental policy and/or green initiative.
96. Certifications (if applicable)
Ø Provide a copy of all current licenses, registrations and certifications issued by federal,
state and local agencies, and any other licenses, registrations or certifications from any
other governmental entity with jurisdiction, allowing respondent to perform the covered
services including, but not limited to, licenses, registrations, or certifications. Certifications
can include M/WBE, HUB, and manufacturer certifications for sales and service.
Tab 5 – Products and Services
¨ Respondent shall perform and provide these products and/or services under the terms of this
agreement. The supplier shall assist the end user with making a determination of their individual
needs.
¨ Provide the minimum information as listed for your product categories on the following
classifications of product:
Ø HVAC Refrigeration
• Type (e.g., Rotary, Centrifugal, Scroll, Reciprocating., Absorption)
• Cooling medium (e.g., air, water)
• Brand Name(s)
• Capacity Range (tons)
• Standard Warranty (Parts & Labor)
• Optional Warranty (components covered & Labor)
• Estimated Lead/Delivery Time
• Location of Manufacturing (City, State or Country)
• Range of Efficiencies (KW/Ton)
• Estimated Market Share (North America)
• Provide example data on each type of product provided
• Detail Features & Benefits
Ø Indoor Air Quality Products and Devices
• Type (Active polarization, non-ionizing, electronic air cleaning systems intended to replace
passive filtration, any other.)
• Brand Name(s)
• Capacity Range
• Standard Warranty (Parts & Labor)
• Optional Warranty (components covered & Labor)
• Estimated Lead/Delivery Time
• Location of Manufacturing (City, State or Country)
• Range of Efficiencies
• Estimated Market Share (North America)
• Provide example data on each type of product provided
• Detail Features & Benefits
Ø Unitary
• Type (e.g., rooftops, split systems, VRFs, Heat Pumps, PTACs, water-source, mini-splits)
• Brand Name(s)
• Capacity Range
• Heating Medium (Electric, Gas, Steam, Hot Water)
• Cooling Medium (DX, Chilled Water)
• Standard Warranty (Parts & Labor)
• Optional Warranty (components covered & Labor)
• Estimated Lead/Delivery Time
• Location of Manufacturing (City, State or Country)
• Range of Efficiencies (EER, SEER, COP)
• Estimated Market Share (North America)
• Provide example data on each type of product provided
• Detail Features & Benefits
Ø Air handling
• Type (e.g. central station-manufactured or custom makeup air, fan, filter, coil sections)
• Brand Name(s)
• Fan Types (e.g. Backward incline, Forward curve, airfoil)
• Capacity Range (CFM)
• Heating Medium (Electric, Gas, Steam, Hot Water)
• Cooling Medium (DX, Chilled Water)
• Standard Warranty (Parts & Labor)
• Optional Warranty (components covered & Labor)
• Estimated Lead/Delivery Time
• Location of Manufacturing (City, State or Country)
• Estimated Market Share (North America)
• Provide example data on each type of product provided
• Detail Features & Benefits
Ø Air Terminal Devices and Heating Products
• Type (e.g. VAV, Fan Coils, Unit Ventilators, Unit Heaters, Fin Tube Radiation/Convectors)
• Brand Name(s)
• Capacity Range (CFM)
• Heating Medium (Electric, Gas, Steam, Hot Water)
• Cooling Medium (DX, Chilled Water)
• Standard Warranty (Parts & Labor)
• Optional Warranty (components covered & Labor)
• Estimated Lead/Delivery Time
• Location of Manufacturing (City, State or Country)
• Estimated Market Share (North America)
• Provide example data on each type of product provided
• Detail Features & Benefits
Ø DDC Controls
• Type (core components, end devices, lighting, panels)Brand Name(s)
• System Protocol (BACnet, LonWorks, Proprietary or Combo)
• LAN Communication Structure (Peer-to-peer, Polling)
• Human Machine Interface (HMI) types (PC, Notebooks, Handheld terminals)
• Third party interface (Drivers and Gateways)
• Remote alarm and message capabilities
• Standard Warranty (Parts & Labor)
• Optional Warranty (components covered & Labor)
• Estimated Lead/Delivery Time
• Location of Manufacturing (City, State or Country)
• Estimated Market Share (North America)
• Detail Features & Benefits
Ø Cooling Towers
• Type (e.g., open, closed, evaporative, other)
• Brand Name(s)
• Capacity Range (tons)
• Standard Warranty (Parts & Labor)
• Optional Warranty (components covered & Labor)
• Estimated Lead/Delivery Time
• Location of Manufacturing (City, State or Country)
• Range of Efficiencies
• Estimated Market Share (North America)
• Provide example data on each type of product provided
• Detail Features & Benefits
Ø Pumps
• Type (e.g., single stage, split case, end suction, inline, circulator, turbines)
• Brand Name(s)
• Capacity Range (GPM)
• Standard Warranty (Parts & Labor)
• Optional Warranty (components covered & Labor)
• Estimated Lead/Delivery Time
• Location of Manufacturing (City, State or Country)
• Range of Efficiencies
• Estimated Market Share (North America)
• Provide example data on each type of product provided
• Detail Features & Benefits
Ø Invertors
• Brand Name(s)
• Capacity Range (HP)
• Standard Warranty (Parts & Labor)
• Optional Warranty (components covered & Labor)
• Estimated Lead/Delivery Time
• Location of Manufacturing (City, State or Country)
• Estimated Market Share (North America)
• Provide example data on each type of product provided
• Detail Features & Benefits
Ø Boilers & Water Heaters
• Type (e.g., modulating, condensing, cast iron, water tube, packaged, other)
• Brand Name(s)
• Heating Medium (Electric, Gas, Steam, Hot Water)
• Capacity Range (MBH)
• Standard Warranty (Parts & Labor)
• Optional Warranty (components covered & Labor)
• Estimated Lead/Delivery Time
• Location of Manufacturing (City, State or Country)
• Range of Efficiencies
• Estimated Market Share (North America)
• Provide example data on each type of product provided
• Detail Features & Benefits
Ø HVAC Specialty Products
• Type (e.g., modular, outside/inside, Steam &Thermal Heat Recovery, Humidity Control,
Heat Wheel, Heat Pipe, Heat Exchangers, Geothermal)
• Brand Name(s)
• Heating Medium (Electric, Gas, Steam, Hot Water)
• Cooling Medium (DX, Chilled Water)
• Capacity Range (CFM and/or MBH)
• Standard Warranty (Parts & Labor)
• Optional Warranty (components covered & Labor)
• Estimated Lead/Delivery Time
• Location of Manufacturing (City, State or Country)
• Range of Efficiencies
• Estimated Market Share (North America)
• Provide example data on each type of product provided
• Detail Features & Benefits
Ø Equipment Parts and Supplies
• Type (e.g., manufactured parts, emergency parts service, miscellaneous material and
supplies and other)
• Brand Name(s) stocked
• Location of stocking parts
• Standard Warranty (Parts & Labor)
• Optional Warranty (components covered & Labor)
• Estimated Lead/Delivery Time
• Percentage of locally stocked parts to delivered parts
• Detail Features & Benefits
Respondents are requested to provide service forms with detailed description of your service offerings.
Provide the minimum information as listed for your service categories on the following classifications of
service:
Ø Startup & Commissioning Services
• Define process for validation of system or equipment operation to design
• Type (e.g., equipment startups, system checkouts, control verification, retro
commissioning, M & V verifications, rebate auditing, other)
• List key personnel (factory, sub-contract, other)
• References (public sector only)
• Case studies describing benefits of services
Ø Service & Maintenance
• Type (e.g., preventative and full maintenance contracts, man-at attendance, remote
monitoring, annuals, emergency services, regulatory compliance, cleaning (e.g., duct, coils
and filters), scheduled maintenance (e.g., oil, chemical and vibration analysis) and other)
• Define processes for each type of service and/or maintenance of the system or the
equipment
• List key personnel (factory, sub-contract, other)
• References (public sector only)
• Case studies describing benefits of services
Ø Installation and Turnkey Contracting
• Type (e.g., retrofit, new construction, energy retrofit, controls new- and upgrade and other)
• Define processes for each type install of the system or the equipment
• Bonding and licensing capabilities
• List key personnel (factory, sub-contract, other)
• References (public sector only)
• Case studies describing benefits of services
Ø Warranty Services
• Type (e.g., Extended parts & labor (define maximum number of years available), delayed
start-up and other)
• Define processes for each type of warranty
• List key personnel (factory, sub-contract, other)
• References (public sector only)
• Case studies describing benefits of services
Ø Energy Services
• Type (e.g., (Energy Tracking, Energy Analysis, Evaluation of Potential Upgrades, demand
response, rebates and others)
• Define processes for each type of energy services
• Certifications of personnel
• List key personnel (factory, sub-contract, other)
• References (public sector only)
• Case studies describing benefits of services
Ø Equipment Rentals
• Type (e.g., chillers, pumps, transformers, terminal units, generators, cooling towers,
packaged unitary and other)
• Brands available
• Locations of rental fleet
• Process of accessing rental fleet during disaster event
• List key personnel (factory, sub-contract, other)
• References (public sector only)
• Case studies describing benefits of services
Ø Financial Services
• Type (e.g., leasing, prompt and pre-payment discounts, guaranteed savings and other)
• Describe type of each funding and availability
• Funding Sources (internal and/or external)
• List key personnel (internal and/or external)
• References (public sector only)
• Case studies describing benefits of services
Ø Professional Services
• Type (e.g., Engineering, Design, Drafting, Architectural, Project Management and other)
• Describe type of each professional service and availability
• Licensing and certification capabilities
• List key personnel (internal and/or external)
• References (public sector only)
• Case studies describing benefits of services
Ø Site Surveys
• Type (e.g., Equipment, system analysis, operational, architectural and other)
• Describe type of survey
• Licensing and certification capabilities
• Advanced technology uses for each type of survey
• List key personnel (internal and/or external)
• References (public sector only)
• Case studies describing benefits of services
Tab 6 – References
¨ Provide at least ten (10) customer references for products and/or services of similar scope dating
within the past three (3) years. Please provide a range of references across all eligible
government entity groups including K-12, higher education, city, county, or non-profit entities.
¨ All references should include the following information from the entity:
Ø Entity Name
Ø Contact Name and Title
Ø City and State
Ø Phone
Ø Years Serviced
Ø Description of Services
Ø Annual Volume
Tab 7 – Pricing
¨ Please submit price list electronically via our online Bonfire portal. Products, services, warranties,
etc. should be included in price list. Prices submitted will be used to establish the extent of a
respondent’s products and services (Tab 5) that are available and also establish pricing per item.
¨ Provide a Discounts Off Catalog/Price List Matrix of the product classifications listed in the Scope
Section and Products/Services Section of this RFP. The responder shall also offer maximum
markup on any material not designated equipment or services and deem this as “miscellaneous
material”.
¨ Any special discounts due to stocking or faster ship items that have higher list price adjustments
or different discounts shall be listed separately.
Ø
¨ Not To Exceed Pricing
Ø NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity.
Ø The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing
submitted for solicitation.
¨ NCPA requests that vendor honor lower pricing for similar size and scope purchases to other
members.
¨ HVAC Refrigeration
¨ Indoor Air Quality Products and Devices
¨ Unitary
¨ Air handling
¨ Air Terminal Devices and Heating
¨ DDC Controls
¨ Cooling Towers
¨ Pumps
¨ Invertors
¨ Boilers & Water Heaters
¨ HVAC Specialty Products
¨ Building Control System Products
¨ Equipment Parts and Supplies
¨ Other equipment not listed
¨ Miscellaneous Material
LABOR BASED PRICING
¨ Provide classifications of labor with billable rates for each respondent’s office(s), territories or
district(s) along with any sub-office pricing as required. Each of these labor rates shall be fully
burdened and will be set for regular working hours (offeror shall describe these hours). Sub-
contractor labor shall not be recognized. Each respondent shall determine their sub-contractor’s
labor rate as a prime labor classification. For example, an electrician’s labor rate shall be
calculated based on the respondent’s sub-contractor’s labor billable rate plus respondent’s normal
margins on sub-contractor labor. A per diem and over-time hours shall be set at a certain rate. The
classification definitions shall be described in this RFP. Additionally, the hours for each task in a
scope of work shall USE a benchmark against an established data set (e.g.; RS Means, SierraWest
or others) to ensure that the hours provided can be verified. Each of these hourly tasks shall have
a coefficient of labor against an established data set (e.g.; RS Means, SierraWest or others) city cost
index by each respondent’s office(s), territories or district(s) to determine effectiveness of
providing these tasks. Additionally a formula shall be established to adjust labor rates on a yearly
basis.
¨ If Respondent does not chose to include a specific labor classification simply mark the line item as
“NA”. Awarded vendors will then be required to apply for approval from Region 14 ESC prior to
using an item marked “NA”.
Labor Billing Rates
Effective Date -____/2020
Hourly
CLASSIFICATION
Rate
Office/District Description
Architectural
Asbestos Worker
Boilermaker
Bricklayers; Masons
Carpenter /Case worker
Carpet Layers/Floor Installers
Concrete Finishers
Data Comm./Telecom Installer
Delivery personnel
Drafting
Drywall Installers; Ceiling
Installers
Electricians
Elevator Mechanics
Engineering Design
Energy Engineer
Glaziers
Heavy Equipment Operators
Helper
HVAC Commercial A/C technician
HVAC Light Commercial
HVAC Helper
HVAC Field Supervisor
HVAC Refrigeration technician
HVAC Duct installer
HVAC Filter technician
HVAC Building Automation
technician
Infrared Technician
Insulators
Ironworkers
Laborers
Lathers
Light Equipment Operators
Metal Building Assembler
Millwrights
Operating Engineer
Painters/Wall Covering Installers
Pipefitters
Plasterers
Plumbers
Project Manager
Project Administrator
Project Engineering
Refrigeration Technician
Refrigeration Supervisor
Roofers
Sheet Metal Workers
Sprinkler Fitters
Terrazzo Workers
Test & Balance Technician
Tile Setters
Water proofers/Caulkers
Water Treatment Technician
To be Filled
Miscellaneous Material Margins
in
To be Filled
Labor Coefficient
in
NOTES:
1. ALL LABOR RATES ARE BASED ON STANDARD HOURS
2. OVERTIME RATES (AFTERHOURS, SATURDAY): ____X STANDARD RATES
3. OVERTIME RATES (SUNDAY, HOLIDAYS): _____X STANDARD RATES
4. PER DIEM RATES: ___/DAY/PERSON (WHEN REQUIRED) EXCEPT AK & HI ____/DAY/PERSON
5. MINIMUM CHARGE OF __ HOURS FOR ALL OVERTIME WORK
6. RATES WILL BE ADJUSTED ANNUALLY AT RENEWAL DATE BASED ON THE FOLLOWING FORMULA:
% field labor adjustment factor change from the previous year ____
% material price index change from the previous year ____
% office & operating expense changes from the previous year ____
7. FINAL APPROVAL UPON NCPA'S DISCRETION.
LABOR WAGE CLASSIFICATION
Worker Classification Definition Sheet
Architect Professional Licensed designer providing Architectural
drawings
Asbestos Worker Worker who removes & disposes of asbestos materials.
Boilermaker Worker who Assembles boilers, tanks, vats and pressure
vessels. The duties of the boilermaker include welding,
acetylene burning, riveting, caulking, rigging, fitting up,
grounding, reaming and impact machine operating.
Carpenter Worker who builds wood structures or structures of any
material which has replaced wood. Includes rough & finish
carpentry, hardware and trim.
Carpet Layer/Floor Installer Worker who installs carpet and/or floor coverings-vinyl tile.
Concrete Finisher Worker who floats, trowels and finishes concrete.
Data Comm./Telecom Installer Worker who installs data/telephone & television cable &
associated equipment and accessories
Delivery Personnel Worker who can deliver materials to other HVAC personnel as
well as work as a second man on jobs if necessary.
Drafting Worker who provides detail engineering drawings utilizing
CADD type documents
Drywall/Ceiling Installer Worker who installs metal framed walls & ceilings, drywall
coverings, ceiling grids and ceilings
Electrician Skilled craftsman who installs or repairs electrical wiring &
devices. Includes fire alarm systems and HVAC electrical
controls.
Elevator Mechanic Craftsman skilled in the installation & maintenance of elevators.
Engineering Design Professional Licensed Engineer who layouts HVAC, Plumbing,
Electrical, Structural or Civil systems
Energy Engineer Skilled Engineer (need not be licensed) who can develop energy
conservation measures (ECMs) at a given site and can
determine financial analysis and project energy savings in a Pro
Forma as well as providing measurement and verification of
that analysis
Fire Proofing Installer Worker who sprays or applies fire proofing materials.
Geothermal Well Field Labor Worker who lays coiled pipe and tests and connects to HVAC
equipment in earthen trench
Glazier Worker who installs glass, glazing and glass framing.
Heavy Equipment Operator Includes, but not limited to, all Cat tractors, all derrick-powered,
all power operated cranes, back-hoe, back filler, power
operated shovel, winch truck, all trenching machines
HVAC Building Automation technician Worker who is capable of working on low temperature
refrigeration equipment as well as small commercial equipment
under 60 tons
HVAC Commercial A/C technician Worker who is capable of working on large commercial up to
3000 tons
HVAC Light Commercial Worker who is capable of working on small commercial up to
25 tons
HVAC Duct installer Worker who installs ductwork. Assists with some equipment
installation.
HVAC Field Supervisor Worker who monitors quality as well as provide technical
support to all other HVAC technician skill levels
HVAC Filter technician Worker who changes filters in all types of HVAC equipment as
well as minor maintenance on light commercial equipment such
as changing worn belts.
HVAC Helper Worker who can assist a commercial or refrigeration technician
as well as perform minor analysis and repairs on equipment
under 30 tons
HVAC Refrigeration technician Worker who is capable of working on low temperature
refrigeration equipment as well as small commercial equipment
under 60 tons
Insulator Worker who applies, sprays or installs insulation.
Iron Worker Skilled craftsman who erects structural steel framing & installs
structural concrete rebar.
Laborer/Helper Worker qualified for only unskilled or semi-skilled work.
Lifting, carrying materials and tools, hauling, digging, clean-up.
Lather/Plasterer Worker who installs metal framing & lath. Worker who applies
plaster to lathing & installs associated accessories
Light Equipment Operator Includes, but not limited to, air compressors, truck crane driver,
flex plane, building elevator, form grader, concrete mixer (less
than 14cf), conveyer.
Mason; Bricklayer Craftsman who works with masonry products, stone, brick,
block or any material substituting for those materials and
accessories.
Metal Building Assembler Worker who assembles pre-made metal buildings.
Millwright Mechanic specializing in the installation of heavy machinery,
conveyance, wrenches, dock levelers, hydraulic lifts & align
pumps.
Painter/Wall Covering Inst. Worker who prepares wall surfaces & applies paint and/or wall
covering, tape & bedding.
Pipefitter Trained worker who installs piping systems, chilled water
piping & hot water (boiler) piping, pneumatic tubing controls,
chillers, boilers & associated mechanical equipment.
Plumber Skilled craftsman who installs domestic hot & cold water
piping, waste piping, storm system piping, water closets, sinks,
urinals, and related work.
Project Engineering Worker who monitors the engineering documents as well as
provide technical support regarding the engineering plans and
specifications as designed by the Professional Engineer. Worker
is responsible for maintaining project status and reports.
Project Manager Worker who monitors quality as well as provide technical
support to all other HVAC technician skill levels and is
responsible for maintaining project status and reports.
Worker who provides administrative support to all technician skill
levels and is responsible for all administrative functions of the project
Project Administrator
such as billings, contracts, work orders, legal requirements, purchase
orders, sales tax certificates as well as proper record keeping.
Worker who is capable of working on low temperature refrigeration
Refrigeration technician
equipment as well as small commercial equipment under 60 tons
Worker who monitors quality as well as provide technical support to
Refrigeration Field Supervisor
all other Refrigeration technician skill levels
Worker who installs roofing materials, Bitumen (asphalt & coal tar)
Roofer
felts, flashings, all types roofing membranes & associated products.
Worker who installs sheet metal products. Roof metal, flashings &
Sheet Metal Worker
curbs, ductwork, mechanical equipment and associated metals.
Worker who installs fire sprinkler systems & fire protection
Sprinkler Fitter
equipment.
Terrazzo Worker Craftsman who places & finishes Terrazzo.
Worker who prepares wall and/or floor surfaces & applies ceramic
Tile Setter
tiles to these surfaces
Worker who applies water proofing material to buildings. Products
Water proofer/Caulker include sealant, caulk, sheet membrane, liquid membranes, sprayed,
rolled or brushed.
Certified technician per AABC or NEBB standards trained to
Test & Balance Technician perform water and air balance. Also provides sound and vibration
testing and preparing of certified reports
Worker who utilizes infrared photography to determine location of
Infrared Technician
thermal heat losses.
Certified technician who is trained to evaluate analytical test results
Water Treatment on boiler system water, condenser water, and chill water samples and
Technician to make appropriate recommendations regarding residual levels,
cycles, and feed rates.
MISCELLANEOUS MATERIAL
¨ All items not equipment or labor shall be considered miscellaneous material which will have a
maximum margin charged. Since scopes of work vary greatly it is difficult to set specific margins
without complicating the process which is not in the best interest of all parties.
PRICING COMPLIANCE REVIEW
¨ The awarded vendor will be expected to participate in the NCPA compliance review program that
includes pricing verification. The goal is to provide transparency & contract compliance for NCPA
& the vendor as a 3rd party independent review.
¨ The process includes a review of the scope of work narrative by line item plus any adjustments
such as regional discounts, per diem rate, overtime, etc.
¨ Prior to the selection of the vendors, a more comprehensive discussion will be provided to the
vendors for their evaluation.
Tab 8 – Value Added Products and Services
¨ Include any additional products and/or services available that vendor currently performs in their
normal course of business that is not included in the scope of the solicitation that you think will
enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.
¨ Executive Summary
Ø Describe the product and/or service in an outline format.
Ø Describe the value to participating agencies.
Ø Describe the value to NCPA.
Ø Describe how your company would market this product and/or service through this contract.
Ø Provide an anticipated size of the market for this product and/or service in the public arena.
¨ Detail Description
Ø Where is the product manufactured?
Ø Any certifications provided?
Ø Where is the service performed?
Ø Who performs the service and what is their expertise?
Ø Is this a proprietary product and, if not, who is your competition?
Ø Provide references.
Ø Provide case studies.
Ø Provide any pricing that is different than the pricing in Tab 7 in this solicitation.
Tab 9 – Required Documents
¨ Clean Air and Water Act / Debarment Notice
¨ Contractors Requirements
¨ Antitrust Certification Statements
¨ Required Clauses for Federal Funds Certifications
¨ Required Clauses for Federal Assistance by FTA
¨ State Notice Addendum
Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as
amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40
CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting
violations to the grantor agency and to the United States Environment Protection Agency Assistant
Administrator for the Enforcement.
I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for
participation in Federal Assistance programs under Executive Order 12549, “Debarment and
Suspension”, as described in the Federal Register and Rules and Regulations
Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date
Contractor Requirements
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality
Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further
warrants that it is in compliance with the various state statues of the states it is will operate this contract
in.
Participating Government Entities including School Districts may request verification of compliance from
any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to
confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in
compliance, they may pursue any and all remedies allowed by law, including, but not limited to:
suspension of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires compliance
with federal immigration laws by State employers, State contractors and State subcontractors in
accordance with the E-Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed
Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a
full set of fingerprints to the school district if requested of each person or employee who may provide such service.
Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be
made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the
appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which
fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide
services on school district properties until authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which
the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being
performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have
scrutinized business operations in Sudan and/or Iran.
Authorized signature
Date
Antitrust Certification Statements (Tex. Government Code § 2155.005)
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm,
partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas
Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law;
and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this
bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the
same line of business as the Company.
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Required Clauses for Federal Funds Certifications
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following
certifications and provisions may be required and apply when a Participating Agency expends federal funds for any
purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small
purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the
procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances
where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the
definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted
construction contract, the equal opportunity clause is incorporated by reference herein.
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with
the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR
Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In
accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors
must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract
or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must
report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision
for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,
to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the
non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision
for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked
in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding
agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must
comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations
issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-
Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations
must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be
made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance
with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process,
offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror
further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all
other pending matters are closed.
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror
certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321
et seq.; 49 C.F.R. Part 18).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal
Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America
Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating
Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable
procurement rules calling for free and open competition.
Required Clauses for Federal Assistance provided by FTA
ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less
than three (3) years after the date of termination or expiration of this Contract or any extensions thereof
except in the event of litigation or settlement of claims arising from the performance of this Contract, in
which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the
Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records
with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to
reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the
purpose of audit and examination.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11).
CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the
Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C.
§ 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition,
Contractor agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this
Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended,
42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR,
Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of this Project.
Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, creed, national origin, sex, marital
status, or age. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In addition, Contractor
agrees to comply with any implementing requirements FTA may issue.
b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29
U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing
regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment
discrimination by Contractor against individuals on the basis of age, including present and prospective
employees. In addition, Contractor agrees to comply with any implementing requirements FTA may
issue.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended
(ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with
disabilities in programs, activities, and services, and imposes specific requirements on public and private
entities. Contractor agrees that it will comply with the requirements of the Equal Employment
Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with
disabilities and with their responsibilities under Titles I through V of the ADA in employment, public
services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide
for their employees any segregated facilities at any of their establishments, and that they do not and will
not permit their employees to perform their services at any location under the Contractor’s control
where segregated facilities are maintained. As used in this certification the term “segregated facilities”
means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas,
parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fact segregated on the basis
of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees
that a breach of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations,
either by competitive bidding or negotiation, made by Contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations
relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination
provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may
determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under
the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in
whole or in part.
Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal
assistance provided by FTA, modified only if necessary to identify the affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the
policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in
49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this Contract. Contractor shall carry out all
applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure
by Contractor to carry out these requirements is a material breach of this Contract, which may result in the
termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract
Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime
Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of
payment for that Work from public agency. In addition, Contractor is required to return any retainage
payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this
Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of
payment from the above time frames may occur only for good cause following written approval of public
agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify
public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails
to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at
least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that
Work through its own forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public
agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable
opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract.
Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent
agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the
efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in
the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C.
Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including
without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may
be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall
constitute a material breach of this Contract.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of
Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions
required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform
any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to
be in violation of the FTA terms and conditions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and
notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the
underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or
liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance
provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who
will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§
3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to
this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the
FTA assisted project for which this Contract Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the
right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal
Government deems appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement,
submission, or certification to the Federal Government under a contract connected with a project that is financed in whole
or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government
reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent
the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance
provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will
be subject to the provisions.
State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to
include all county, city, special district, local government, school district, private K-12 school, higher education
institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all
other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national
contract.
For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/State_and_Territories.shtml
https://www.usa.gov/local-governments