Issued By: The Regents of the University of California
RFP ID: UC Systemwide Hazardous and Medical Waste | 003101-Mar2023
RFP Modules: Projects, Brokers, and Incinerators
RFP Date: April 7, 2023
RFP Contact: Reynaldo Cano-Boza | Senior Commodity Manager
The University of California Procurement Services
Office of the President | 1111 Franklin Street | Oakland CA 94607-5200
The information contained in this Request for Proposal (RFP) is confidential and proprietary to the University of California and is to
be used by the recipient solely for the purpose of responding to this RFP.
TABLE OF CONTENTS
REQUEST FOR PROPOSAL (RFP) EVENT AND PROCESS SUMMARY........................ 4
SECTION I: ORGANIZATIONAL CONTEXT ...................................................... 4
1.1 University of California .............................................................................................................. 4
1.2 OMNIA Partners – National Program ..................................................................................... 6
SECTION II: Purpose & Objectives of the RFP............................................... 8
2.1 RFP Objectives .......................................................................................................................... 8
2.2 Issuing Office and Communications Regarding the RFP .................................................... 8
SECTION III: SCOPE OF SERVICES.................................................................... 9
3.1 General Scope ........................................................................................................................... 9
3.2 Agreement Term ...................................................................................................................... 10
SECTION IV: RFP REQUIREMENTS & PROPOSAL SUBMITTAL
INSTRUCTIONS ............................................................................................... 11
4.1 Timeline ..................................................................................................................................... 11
4.2 Pre-proposal conference ........................................................................................................ 11
4.3 Intent to Respond to RFP ....................................................................................................... 12
4.4 Addenda to the RFP ................................................................................................................ 12
4.5. Method of Submission............................................................................................................. 12
4.6 Proposal Submission Process ............................................................................................... 12
4.7 Superfluous Materials ............................................................................................................. 13
4.8 Collusion.................................................................................................................................... 13
4.9 Late Proposals ......................................................................................................................... 13
4.10 Supplier Questions .................................................................................................................. 13
4.11 Proposal Preparation Costs ................................................................................................... 13
4.12 Proposal Validity Period.......................................................................................................... 14
4.13 Errors and Omissions.............................................................................................................. 14
4.14 General Conditions .................................................................................................................. 14
4.16 OMNIA Partners Response for National Cooperative contract ........................................ 14
SECTION V: PROPOSAL EVALUATION AND AGREEMENT AWARD . 16
5.1 Most Responsive and Responsible Supplier ....................................................................... 16
5.2 Best Value ................................................................................................................................. 16
5.3 Investigations............................................................................................................................ 16
5.4 Right to Reject .......................................................................................................................... 16
5.5 Waiver........................................................................................................................................ 17
5.6 Right to Award .......................................................................................................................... 17
5.7 Agreement Award .................................................................................................................... 17
2 of 19
5.8 Right to Interview ..................................................................................................................... 17
5.9 Right to Negotiate and Withdraw........................................................................................... 17
5.10 Multi-Phased Initiative ............................................................................................................. 17
5.11 Pricing and Incentives ............................................................................................................. 18
5.12 No Mandatory Use ................................................................................................................... 18
5.13 Exclusions ................................................................................................................................. 18
5.14 Offshoring of Services ............................................................................................................. 19
5.15 Disclosure of Records/Confidentiality of Information ......................................................... 19
5.16 Specifications and Exceptions ............................................................................................... 19
3 of 19
REQUEST FOR PROPOSAL (RFP) EVENT AND PROCESS SUMMARY
SECTION I: ORGANIZATIONAL CONTEXT
1.1 University of California
The University of California (UC), one of the largest and most acclaimed institutions of higher
learning in the world, is dedicated to academic excellence in teaching, research, health care and
public service. Since the opening of its first campus in 1868, the University of California system
has been committed to responsible stewardship of its resources, education and innovation for the
public good. The UC has approximately 285,000 undergraduate and graduate students, a
workforce of 216,000, and encompasses ten campuses, six academic health centers, four law
schools, a statewide Division of Agriculture and Natural Resources and is also involved in the
operation and management of three national laboratories for the U.S. Department of Energy
(DOE), as further detailed herein:
• Ten Campuses: UC Berkeley, UC Davis, UC Irvine, UC Los Angeles, UC
Merced, UC Riverside, UC San Diego, UC San Francisco,
UC Santa Barbara, UC Santa Cruz.
UC Davis, UC Irvine, UC Los Angeles, UC Riverside, UC
• Six Health Centers: San Diego, UC San Francisco.
• The UC Office of the President: a central systemwide headquarters with offices
primarily located in Oakland and Sacramento, California, and
teaching/administrative offices in Washington, D.C.
• The Division of Agriculture and Natural Resources: a statewide research and
public service organization that serves a large and diverse agricultural community.
The division collaborates on research with all campuses, and conducts studies at
nine research and extension centers and on private land in cooperation with
California producers. In addition, research and educational programs are
conducted in each of the state’s 58 counties.
• UC Hastings College of Law
• Lawrence Berkeley National Lab: owned by the Federal Government but
managed by the University of California.
• Additional centers and offices as further detailed at:
http://www.universityofcalifornia.edu/uc-system/parts-of-uc
Any awarded Agreement(s) will be available to all current and future locations of the University of
California and its Affiliates.
UC Procurement Services
UC Procurement Services is the centralized procurement/supply chain hub for the University of
California. UC Procurement Services develops and implements systemwide supply chain
strategies and policies that leverage UC's purchasing power to optimize systemwide spend.
UC Procurement Services coordinates with the entire UC system to establish systemwide
agreements for goods and services that are commonly purchased at UC locations. UC
systemwide agreements are created through a competitive RFP and award process that considers
4 of 19
the business requirements and policies of the University, along with the quality and price of goods
and services.
UC Procurement Services also acts as a lead agency for OMNIA Partners (see Section 1.2 below)
to create a portfolio of competitively bid contracts that benefit from the scale of UC's purchasing
power. UC Procurement Services’ broad range of contracts can be used by UC campuses, other
higher education institutions, K-12 education systems, local and state government and nonprofit
agencies nationwide.
UC Sustainable Practices Policy
The University of California, as part of its commitment to sustainability and in alignment with its
mission of teaching, research and public service will maximize its procurement of sustainable
products and services, within the constraints of research needs and budgetary requirements and
in compliance with all applicable rules, regulations and laws. The UC values the health and
wellbeing of its students, staff, faculty, visitors, and suppliers, and seeks to provide healthy and
accessible conditions for the communities it serves, as well as those throughout its supply chain.
As such, goods, services, and supply chain impacts to health and wellbeing will be considered as
fundamental factors when making procurement decisions. Where functional alternatives to
harmful products and/or services exist, they will be strongly preferred.
i. Corporate Social Responsibility (CSR) monitoring platform
To better assess our supply chain impacts, we conduct assessments of our supplier’s
Corporate Social Responsibility (CSR) performance using the EcoVadis CSR monitoring
platform (https://www.ecovadis.com/). This platform combines CSR assessment best
practices and data management tools that allow organizations to demonstrate CSR
management and performance. Suppliers responding to this RFP are invited to participate
in an assessment through the EcoVadis platform. The supplier’s acceptance and
participation in this CSR assessment requires the company to agree to share their
scorecard with UC. The CSR assessment of each supplier will be managed through the
EcoVadis online platform, and will focus on four main themes: Environment, Labor
Practices & Human Rights, Fair Business Practices and Sustainable Procurement.
ii. Packaging Requirements
Packaging for all products procured by UC must be designed, produced, and distributed
to the end user in a sustainable manner. The UC requires that all packaging be compliant
with the Toxics in Packaging Prevention Act (AB 455) to be free of any intentionally
introduced lead, cadmium, mercury or hexavalent chromium, and containing no incidental
concentrations of these regulated metals greater than 100 parts per million (ppm) by
weight. Also, UC requires all packaging meet at least one of the criteria listed below:
• Uses bulk packaging
• Uses reusable packaging (e.g. totes reused by delivery service for next delivery)
• Uses innovative packaging to reduce the weight of packaging, reduce packaging
waste, or utilizes packaging that is a component of the product
• Maximizes recycled content and/or meets or exceeds the minimum post-consumer
content level for packaging in the U.S. Environmental Protection Agency
Comprehensive Procurement Guidelines
• Uses locally recyclable or certified compostable material.
The UC prohibits the sale, procurement, or distribution of expanded plastic foam materials
(such as Expanded Polystyrene (EPS), Expanded Polyethylene (EPE), Expanded
Polyurethane, and expanded plastic foam hybrids) in all packaging other than for medical
or laboratory goods where there is no alternative.
5 of 19
iii. Environmental Marketing Claims:
The UC requires all sustainability related purchasing claims to be supported with UC
recognized certifications and/or detailed information on proven benefits, durability,
recycled content, and recyclability properties, in accordance with the Federal Trade
Commission’s (FTC) Green Guides for the use of environmental marketing claims.
1.2 OMNIA Partners – National Program
The University of California, as the Principal Procurement Agency, defined in Exhibit A, has
partnered with OMNIA Partners, Public Sector (“OMNIA Partners”) to make the resultant contract
(also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this
solicitation available to other public agencies nationally, including state and local governmental
entities, public and private primary, secondary and higher education entities, non-profit entities,
and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative
purchasing program. The UC is acting as the contracting agency for any other Public Agency that
elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public
Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”)
and by using the Master Agreement, any such Participating Public Agency agrees that it is
registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental
Cooperative Purchasing Agreement, a form of which is attached hereto as Exhibit C, or as
otherwise agreed to. Exhibit A contains additional information about OMNIA Partners and the
cooperative purchasing program.
OMNIA Partners is the largest and most experienced purchasing organization for public and
private sector procurement. Through the economies of scale created by OMNIA Partners public
sector subsidiaries and affiliates, National IPA and U.S. Communities, our participants now have
access to more competitively solicited and publicly awarded cooperative agreements. The lead
agency contracting process continues to be the foundation on which we are founded. OMNIA
Partners is proud to offer more value and resources to state and local government, higher
education, K-12 education and non-profits.
OMNIA Partners provides shared services and supply chain optimization to government,
education and the private sector. With corporate, pricing and sales commitments from the
Supplier, OMNIA Partners provides marketing and administrative support for the Supplier that
directly promotes the Supplier's products and services to Participating Public Agencies though
multiple channels, each designed to promote specific products and services to Public Agencies
on a national basis. Participating Public Agencies benefit from pricing based on aggregate spend
and the convenience of a contract that has already been advertised and publicly competed. The
Supplier benefits from a contract that generally allows Participating Public Agencies to directly
purchase goods and services without the Supplier's need to respond to additional competitive
solicitations. As such, the Supplier must be able to accommodate a nationwide demand for
services and to fulfill obligations as a nationwide Supplier and respond to the OMNIA Partners
documents (Exhibits A through G).
The University of California anticipates spending approximately $160,000,000.00 over the full
potential Master Agreement term for hazardous and medical waste goods and services. While no
minimum volume is guaranteed to the Supplier, the estimated annual volume of hazardous and
medical waste goods and services purchased under the Master Agreement through OMNIA
Partners is approximately $50,000,000.00. This projection is based on the current annual volumes
among the other Participating Public Agencies anticipated to utilize the resulting Master
Agreement to be made available to them through OMNIA Partners, and volume growth into other
6 of 19
Public Agencies through a coordinated marketing approach between the Supplier and OMNIA
Partners.
The goal of this RFP is to establish a national contract(s). If Supplier is unable to propose a
national program due to conflicts with legal obligations or coverage area, Supplier may indicate
so and propose a regional or direct solution. The UC will evaluate responses in their entirety, may
require patronage fees for direct solutions and determine award based on the most advantageous
proposal.
7 of 19
SECTION II: Purpose & Objectives of the RFP
2.1 RFP Objectives
The UC invites qualified and responsible Suppliers to prepare and submit proposals to this
Request for Proposal (RFP) for Hazardous and Medical Waste Good and Services (together, the
“Goods and Services) all in accordance with Federal and State of California laws and the
requirements of UC as further detailed in this RFP. The UC has partnered with OMNIA Partners to
make the resultant agreement a national cooperative agreement which public agencies across the
country will be able to utilize.
The overall objective of this RFP is to select Hazardous and Medical Waste Supplier, or multiple
Suppliers, to assist UC, and national participating agencies, in obtaining the best, most cost-
effective Goods and Services of the highest quality and standards. Qualified Suppliers are invited
to submit proposals, based on the information provided in this RFP with the intent to establish a
business alliance with UC and OMNIA Partners, that will maximize the resources of both
organizations to meet the needs of UC and national participating agencies most effectively.
Historically, UC systemwide annual spend for hazardous and medical waste has been
approximately $16 million each year for the last two (2) fiscal years.
There are no minimum or maximum guarantees in this RFP. However, based on the total UC
historical spend, the Supplier shall provide the best pricing for this RFP in Goods and/or Services.
2.2 Issuing Office and Communications Regarding the RFP
This RFP, and any subsequent addenda to it, is being issued by UC Procurement Services on
behalf of the University of California. UC Procurement Services is the sole point of contact
regarding all procurement and contractual matters relating to the requirements described in this
RFP. UC Procurement Services is also the only office authorized to change, modify, clarify, etc.,
the specifications, terms, and conditions of this RFP and any Agreements(s) awarded as a result
of this RFP.
Suppliers are not permitted to communicate with any UC employee regarding this solicitation
during the period between the RFP issue date and the announcement of awards, unless
authorized by UC Procurement Services sole point of contact named below.
All communications, including submission of RFP response and any requests for clarification
concerning this RFP, must be submitted via the Discussion Forum section of this RFP within
CalUsource, the University of California supplier registration and sourcing web system as further
detailed herein.
If a Supplier is found to be in violation of this provision, the UC reserves the right to disqualify that
Supplier from further consideration.
8 of 19
SECTION III: SCOPE OF SERVICES
3.1 General Scope
The UC Systemwide Hazardous and Medical Waste RFP will include multiple waste
subcategories.
The Hazardous Waste Stream includes the following subcategories:
- Lab Pack
- Mercury Solutions
- Mercury Debris
- Consolidated Liquids and Solids
- Empty Contaminated Drums
- Gas Cylinders
- Potential Explosive Chemicals
- PCBs
- Oils and Automotive Fluids
- Light Bulbs
- Electronics
- Batteries
- Paints
- Asbestos
- Rental Equipment
- Supplies
- Pesticides
- Soils
The Medical Waste Stream includes the following subcategories:
- Regulated (Incineration)
- Regulated (Autoclave)
- Pathological
- Pharmaceutical
- Chemotherapy (Vendor Supplied Container)
- Chemotherapy (UC Supplied Container)
Brokers and incinerator suppliers need to provide pricing submission for half and full pack as well
as alternative unit of measure options. If the supplier(s) are bidding containers, please note the
maximum pound capacity for each container type.
Bidders need to submit goods and services pricing information in the Projects Module.
The RFP will be reviewed and evaluated by the Hazardous Waste Action Group (HWAG), the
Environmental, Health, and Safety (EH&S) Leadership Council, and UC Systemwide Procurement.
Although this section reflects the needs and requirements of UC, OMNIA Partners Participating
Agencies may have different requirements. The awarded Supplier will have the ability to offer their
hazardous and medical waste of goods and/or services nationally. OMNIA Partners Participating
Agencies may sign a supplemental or usage agreement with the awarded Supplier substantially
based on the terms and conditions of the UC Agreement. Participating Agencies may elect to
negotiate certain terms to conform to their purchasing and contracting requirements.
9 of 19
UC also recognizes that information technologies and services are rapidly evolving and advancing,
and that Suppliers may be testing new technologies or developing new services that are not yet
available to the public at the time of RFP response. Once these technologies are generally
available, UC desires to have the ability to amend the Agreements awarded under this RFP to
include these new technologies or service offerings at UC's sole and absolute discretion.
3.2 Agreement Term
The term of the Agreement shall commence upon execution of the Agreement and will be for a
period of 5 years (the “Initial Term”) with 5 optional one (1) year extensions (the “Renewal
Terms”), at the sole discretion of the UC, for a total of 10 years. Category discounts shall remain
firm for the Initial Term and all Renewal Terms of any Agreement which may be awarded pursuant
to this RFP. All pricing must be verifiable and auditable from the date of the contract award.
10 of 19
SECTION IV: RFP REQUIREMENTS & PROPOSAL SUBMITTAL
INSTRUCTIONS
4.1 Timeline
Suppliers interested in submitting proposals in response to this RFP should do so according to the
schedule in the Timelines section in the CalUsource portal, tabulated below. A Supplier may be
disqualified for failing to adhere to the dates and times for performance specified in the portal. All
times are Pacific Time Zone and dates are subject to change at the sole discretion of the UC.
RFP Activity Date
RFP Issuance April 7th
Pre Proposal Conference April 19th 3 p.m. PT
Supplier Questions and Clarifications April 26th 5 p.m. PT
UC Response to Supplier Questions May 3rd
RFP Response Due by May 12th 5 p.m. PT
The UC reserves the right to modify the above schedule of events in the Timelines section for this
RFP in the CalUsource portal and make changes to other provisions in this RFP.
4.2 Pre-proposal conference
A pre-proposal virtual conference will be held on April 19, 2023 from 3 p.m. to 4 p.m. PT, via
Zoom. The Zoom link is https://UCOP.zoom.us/j/4117029660?from=addon
Meeting ID: 411 702 9660
One tap mobile
+12133388477,,4117029660# US (Los Angeles)
+16692192599,,4117029660# US (San Jose)
Dial by your location
+1 213 338 8477 US (Los Angeles)
+1 669 219 2599 US (San Jose)
+1 669 444 9171 US
+1 669 900 6833 US (San Jose)
+1 301 715 8592 US (Washington DC)
+1 646 518 9805 US (New York)
+1 646 876 9923 US (New York)
+1 646 931 3860 US
*4 (from UCOP office phone)
Meeting ID: 411 702 9660
Find your local number: https://UCOP.zoom.us/u/acbRyy0yWZ
The purpose of this conference will be to clarify the contents of this RFP to prevent any
misunderstanding of the RFP, as well as provide Suppliers the opportunity to ask questions about
the RFP, OMNIA program, and UC’s requirements. Attendance at the pre-proposal conference is
highly recommended for Suppliers who intend to submit a proposal. Attendance at the conference
is limited to two representatives from each participating company. Please contact the RFP
Commodity Manager by email at Reynaldo.Cano-Boza@ucop.edu for Zoom meeting instructions.
11 of 19
Any changes to the pre-proposal conference call requirements are at the sole discretion of the
University.
4.3 Intent to Respond to RFP
Suppliers must confirm their intent to respond to this RFP by confirming their participation in
CalUsource.
4.4 Addenda to the RFP
Any changes, additions, or deletions to this RFP will be in the form of written addenda issued by
UC via the CalUsource portal. Any addenda to this RFP will be distributed to all participating
Suppliers via the CalUsource portal. The UC will not be responsible for failure of any prospective
Supplier to receive such Addenda. All Addenda will become part of the RFP.
4.5. Method of Submission
Proposals in response to this RFP must be submitted online using CalUsource no later than the
time and due date stated in the Timelines section in CalUsource portal. No mailed,
telephone, emailed, facsimiled, or late proposals will be considered.
Responses will take time to enter into the CalUsource portal. It is highly recommended that
Suppliers review the Supplier Resources at https://CalUsource.net/supplier-resources/ for
guidance on how to navigate and use CalUsource. Supplier’s inability to enter their response into
the CalUsource portal will not be accepted as a reason for a late response.
For questions about CalUsource, please contact UC Procurement Support at
support@ucprocure.zendesk.com. For technical issues, contact GEP Support: 1-732-428-1578 or
support@gep.com. Please identify yourself as registering in the University of California network.
4.6 Proposal Submission Process
Suppliers must provide a complete, straightforward, concise response to all Guidelines,
Questionnaires, Price Sheets, and any other information requested in the RFP as detailed in the
CalUsource portal. Suppliers warrant that all information provided is true and accurate. The
submission of false, inaccurate, or otherwise misleading information may be grounds for
disqualification from the RFP process, as well as jeopardize Supplier’s eligibility to participate in
future UC business.
4.6.1 Guidelines
This is a prerequisite section for accessing the complete RFP package. Suppliers must
read and follow the instructions for each of the following Guidelines documents.
1) UC Systemwide Hazardous and Medical Waste_003101-Mar2023_Brokers and
Incinerators
Note: Small Business read RFP description in the Attachment Section.
2) Purchasing Agreement 10.1.19
3) Statement of Work – Standard Template
4) UC Terms and Conditions of Purchase, dated Revised 12 14 21
5) UC Sustainability Requirements
6) OMNIA Partners – Exhibit A, B to H
7) UC Pricing Sheets
8) Mock Lab Pack Exercise-List of Chemicals for lab 2023
12 of 19
4.6.2 Questionnaires
This section contains a set of questionnaires, and Suppliers are required to respond to all
questionnaires listed below. Your responses will be evaluated and graded.
9) Business Structure
10) General and Technical Capabilities
11) Customer Training/Customer Service
12) OMNIA Questionnaire
13) Operations / Staffing
14) Permits and Licenses
15) Safety / Compliance
16) UC Sustainability / Diverse Suppliers
17) Value-Add Services
4.6.3 Price Sheets
The section includes the pricing sheets. Suppliers are required to follow the instructions
for pricing submission.
4.6.4 Attachments
Attachments will not be accepted unless requested by UC. For Questions requiring
attachments requested by UC, please label the attachments with your company name so
evaluators can easily find the referenced attachment. Attachment Naming Convention
example is provided below:
Questionnaire title_ Q #
E.g. Supplier Information_Q#3
4.7 Superfluous Materials
Supplier must not provide superfluous materials such as marketing materials or website links in
response to, or in lieu of, specific responses to the questions herein, and may be disqualified for
providing superfluous materials.
4.8 Collusion
Collusion among Suppliers is not allowed. If there is proof of collusion among Suppliers, all
proposals involved in the collusive action will be rejected.
4.9 Late Proposals
Late proposals will not be accepted unless it is UC’s determination that UC’s technical issues or
other similar issues are responsible for the delay or failure.
4.10 Supplier Questions
Each Supplier is expected to exercise their best professional independent judgment in analyzing
the requirements of this RFP to determine whether additional clarification is necessary or desirable
before responding. If there are discrepancies in, omissions to, or questions about the information
provided in the RFP or by any other source, a request must be submitted via the CalUsource
“Discussion Forum” by the stated deadline. Responses to individual Supplier questions will be
made available via the CalUsource “Discussion Forum” to all Suppliers that confirm their intent to
participate in this RFP.
4.11 Proposal Preparation Costs
All costs incurred in the preparation and submission of the proposals and related documentation,
including Supplier’s presentations, interviews, demonstrations, and provision of the Services to UC
for independent testing purposes, will be borne by the Supplier.
13 of 19
4.12 Proposal Validity Period
All Proposals shall remain available for UC acceptance for a minimum of one-hundred and twenty
(120) days following the RFP closing date.
4.13 Errors and Omissions
If the Supplier discovers any discrepancy, error, or omission in this RFP or in any of the attached
documents, UC shall be notified immediately, and a clarification/notification will be issued to all
Suppliers who have access to this RFP. No Supplier will be entitled to additional compensation for
any error or discrepancy that appears in the RFP where UC was not notified and a response
provided. All Addendums of Clarification will be distributed to the Proposal Participants via the
CalUsource portal.
4.14 General Conditions
Please note the following requirements regarding this RFP:
4.14.1 Information and data distributed from UC to participating suppliers is to be used by the
supplier solely for the purposes of responding to this RFP and cannot be used for any
other purpose.
4.14.2 The initial proposals will be considered binding. Financial negotiations will continue
throughout the evaluation process; however, suppliers’ original financial proposals are
binding.
4.14.3 Additional information may be solicited and accepted during the evaluation process.
Modifications or corrections of oversights to the original proposal may be allowed at UC’s
sole discretion; however, UC cannot guarantee that revised proposal elements will be
accepted.
4.14.4 Supplier must operate within the guidelines of all federal, state, and local labor laws and
codes. Supplier must possess all trade, professional or business licenses as may be
required by the work contemplated by this RFP.
4.16 OMNIA Partners Response for National Cooperative contract
4.16.1 Line of Business (LOB) Offering
Within the National Program, each Supplier awarded an item under this solicitation may
offer their complete product and service offering / Line of Business (LOB). Pricing for
complete product and service offering / LOB items will be determined by a percentage
discount reduced from the Supplier’s current published MSRP (as defined in the RFP).
The pricing percentage discount offered must be entered on the LOB in the applicable
price sheet(s) in the Supplier’s response. The Participating Agency reserves the right to
accept or reject any or all LOB items offered. Additionally, The University of California
reserves the right to either accept or reject either the full or a partial product offering of
LOB items for use within the UC system from awarded suppliers.
4.16.2 Federal Funds
Due to products and services potentially being used in response to an emergency or
disaster recovery situation in which federal funding may be used, provide alternative
pricing that does not include ‘cost plus a percentage of cost’ or pricing based on time and
materials. If time and materials is necessary, a ceiling price that the contract exceeds at
its own risk will be needed. For goods and services provided in a situation where an
14 of 19
agency is eligible for federal funding, Supplier is subject to and must comply with all
federal requirements applicable to the funding including, but not limited to, the FEMA
Special Conditions section located in the Federal Funds Certifications Exhibit.
4.16.3 Special Offers and/or Promotions
In addition to decreasing prices for the balance of the Agreement term due to a change in
market conditions, Supplier may conduct sales promotions involving price reductions for
a specified lesser period. Supplier may offer Participating Agencies competitive pricing
which is lower than the not-to-exceed price set forth herein at any time during the
Contract term and such lower pricing shall not be applied as a global price reduction
under the Contract.
4.16.4 Exhibit A- Response for National Cooperative contract
Include a detailed response to Exhibit A – OMNIA Partners Response for National
Cooperative Contract included in the OMNIA Questionnaire. Responses should highlight
experience, demonstrate a strong national presence, and describe how Supplier will
educate its national sales force about the contract. Supplier should also describe how
products and services will be distributed nationwide and include a plan for marketing the
products and services nationwide, as well as describe how volume will be tracked and
reported to OMNIA Partners.
The successful Supplier will be required to sign Exhibit B – OMNIA Partners
Administration Agreement. Suppliers should have any reviews required to sign the
document prior to submitting a response. Supplier’s response should include any
proposed exceptions to the OMNIA Partners Administration Agreement
15 of 19
SECTION V: PROPOSAL EVALUATION AND AGREEMENT AWARD
5.1 Most Responsive and Responsible Supplier
Any Agreements(s) resulting from this RFP will be awarded to the most responsive and
responsible Supplier(s) whose proposal, in UC’s opinion, offers the greatest benefit to UC when
considering the total value, including, but not limited to, the quality of the Services, and total cost
(including prompt payment discounts, available volume discounts, and other elements of value to
the UC). A responsive and responsible Supplier is one whose offer satisfies the requirements of
this RFP, is considered capable of performing, and is otherwise eligible and qualified to perform in
the manner stated in this RFP.
5.2 Best Value
Proposals will be evaluated by the UC using a Best Value evaluation methodology which is the
most advantageous balance of price, quality, service, performance and other elements as defined
by the University, achieved through methods in accordance with Public Contract Code Section
10507.8 and determined by the following objective performance criteria that may include technical
capabilities, financial capabilities, past experience, quality control, price, life-cycle costs,
sustainable offerings and practices, supplier diversity and National program requirements. The UC
Evaluation team will examine each proposal to determine through the application of uniform
criteria the ability of each Supplier to meet the UC’s specifications. For the purposes of this RFP,
Supplier responses will be evaluated using the following criteria:
Criteria Weight
BUSINESS STRUCTURE 5%
GENERAL AND TECHNICAL CAPABILITIES 16%
CUSTOMER TRAINING / CUSTOMER SERVICE 8%
OMNIA QUESTIONNAIRE 5%
OPERATIONS / STAFFING 7%
PERMITS / LICENSES 8%
PRICING 25%
SAFETY/COMPLIANCE 8%
UC SUSTAINABILITY / DIVERSE SUPPLIERS 15%
VALUE-ADD SERVICES 3%
TOTAL 100%
5.3 Investigations
The UC may request additional information either from the Supplier or others, utilize site visits,
Supplier presentations, interviews, sandbox testing, and make any other investigations as it
deems necessary to verify the Supplier’s qualifications and ability to successfully meet the
requirements of this RFP. The UC also reserves the right to obtain Dun & Bradstreet reports or
similar independent reports for further indications of the Supplier’s ability.
5.4 Right to Reject
The UC reserves the right to reject any proposal in which the information submitted fails to satisfy
UC and/or the Supplier is unable to provide the information or documentation within the period
requested. Any submitted proposal that does fails to comply with the requirements of this RFP will
16 of 19
be considered non-responsive and will not be evaluated or eligible for award of any subsequent
contract.
5.5 Waiver
The UC may waive irregularities in a proposal if UC judges that such action will not negate fair
competition and will permit proper comparative evaluation of Proposals submitted. The UC’s
waiver of an immaterial deviation or defect shall in no way modify the RFP documents or excuse
the Supplier from full compliance with the RFP specifications in the event the Agreement is
awarded to that Supplier.
5.6 Right to Award
The UC reserves the right to award an Agreement to Supplier(s) if deemed to be in the best
interests of UC, solely at the discretion of UC. The UC reserves the right to accept or reject any or
all proposals, make more than one award, split the award or make no award. The UC also
reserves the right to award any number of local or national Agreement(s) at the same time.
5.7 Agreement Award
Any contract awarded pursuant to this RFP will include the requirements and specifications in the
RFP, as well as the contents of the proposal response as accepted by UC and will be in writing.
5.8 Right to Interview
The UC reserves the right to conduct interviews with some or all of the suppliers at any point
during the evaluation process. However, UC may determine that interviews are not necessary. In
the event interviews are conducted, information provided during the interview process shall be
taken into consideration when evaluating the response.
5.9 Right to Negotiate and Withdraw
The UC’s selection may be made based on initial proposals or UC may elect to negotiate with
Suppliers selected as finalists. The UC reserves the right to negotiate the modification of proposed
prices and/or terms and conditions with the Supplier offering the best value to the UC prior to the
execution of an Agreement. Additionally, UC reserves the right to withdraw this RFP at any time.
5.10 Multi-Phased Initiative
This Initiative will consist of the following separate phases:
5.10.1 Phase I: Prerequisites
Supplier must acknowledge and agree to all requirements of the RFP as outlined in the
Guidelines section in CalUsource before advancing in the proposal process.
5.10.2 Phase II: Selection of Finalists
Finalists will be identified based on the quality and responsiveness of the written
proposals.
5.10.3 Phase III: Finalist Presentations (at UC discretion)
a. The identified finalists resulting from Phase II will advance to Phase III.
b. Suppliers may be requested to conduct a live or virtual presentation to demonstrate
Suppliers’ ability to provide the Services. However, UC may determine that
presentations are not necessary. In the event presentations are conducted,
information provided during the presentation process shall be taken into consideration
when evaluating the stated criteria. The UC shall not reimburse the Supplier for any
costs associated with the Phase III process.
17 of 19
5.11 Pricing and Incentives
5.11.1 Pricing for Goods and Services is being requested within the “Pricing Sheets” section to
this RFP and is to be completed and uploaded within the Pricing Sheets section in
CalUsource.
5.11.2 Pricing/Discount Structures resulting from this RFP process shall remain firm for the
initial period of any Agreement awarded pursuant to this RFP. Suppliers are encouraged
to provide details of and propose additional discounts for volume orders, special
manufacturer offers, minimum order quantity, free goods program, total annual spend,
etc.
5.11.3 Additional earned incentives and discounts:
i. Patronage Incentive: The successful Supplier(s) will be required to provide a
quarterly Patronage Incentive of 2% of the total sales of products resulting from
the contract in the event there is no OMNIA National program. This Patronage
Incentive will be used by UC to provide support in the implementation,
administration, and management of the successful Supplier(s) program to
maximize UC’s participation and/or other purposes at UC discretion. The amount
of quarterly Patronage Incentive provided to each UC location will be calculated
based on the total quarterly sales at each location. Each location will have the right
to modify proposal pricing for the individual campus up to 2% in the event a UC
location decides not to implement an incentive program. Please provide your
company’s commitment to comply with this requirement.
ii. Tier Discount: Bidders are encouraged to provide tier discounts on campus spend.
Discounts can be set according to spend levels from all UC campuses, UC
medical centers, and other UC locations.
iii. Early Payment Discount: Early payment discount is another option to incentivized
business between supplier(s) and UC campuses. Supplier(s) will benefit from early
payment schedule, and UC can benefit from hard savings by paying earlier.
iv. Payment Methods: Indicate if payment will be accepted via credit card and if so,
are payments able to be made online.
5.12 No Mandatory Use
Supplier is advised that there is no mandatory use policy at the University of California for
Agreements. Thus, UC does not guarantee any specific amount of business forthcoming from this
RFP. A winning Supplier may still see competition at any given UC location for any given Service.
However, by providing outstanding prices, service, and the best overall total cost and quality to UC
systemwide, the winning Supplier is expected to garner a large percentage of total available UC
business.
5.13 Exclusions
Supplier is advised that some goods and/or services may be subject to pre-existing Agreements
with other Suppliers, or may be outside the scope of this RFP and may not be included in any
awarded contract or may be included on a limited basis.
18 of 19
5.14 Offshoring of Services
UC will not, as a part of a contract that will displace UC employees, pay to train workers located in
foreign countries or who plan to relocate to a foreign country. Please note that a condition of
awarding a contract will be that Supplier agrees to the warranties in Article 6 of UC’s Terms &
Conditions of Purchase. Additionally, Supplier must do one of the following in its proposal:
5.14.1 Certify under penalty of perjury that the services will be performed solely with workers
within the United States, including any services that Supplier would provide using a sub-
supplier; or
5.14.2 Describe in its proposal any parts of the services that will be performed by workers
outside of the United States.
5.15 Disclosure of Records/Confidentiality of Information
5.15.1 All Proposal responses and related documents, submitted to UC in response to this
RFP become the exclusive property of UC upon receipt and will not be returned.
5.15.2 Proposal response(s), which are incorporated into any resulting Agreement(s) with the
University of California, may be subject to the State of California Public Records Act (CA
State Government Code 6250, et. seq.). This Request for Proposal, together with copies
of all documents pertaining to any award, if issued, will be kept for a period of one (1)
year from date of contract expiration or termination and made part of a file or record
which shall be open to public inspection. Certain private, trade secret or confidential
information may be considered exempt from the California Public Records Act. Any
trade secret or company confidential information submitted as a part of this proposal
shall be clearly marked “Trade Secret Information” or “Confidential Information.”
5.15.3 Should a request be made of the University of California for access to information
designated confidential or trade secret by the Supplier, and UC denies the request
based on that designation, the Supplier may be responsible for all legal costs necessary
to defend such action if the denial is challenged in a court of law.
5.16 Specifications and Exceptions
Unless documented as an Exception, the submission of a proposal will confirm Supplier’s
acceptance of all RFP specifications. In documenting an Exception to the RFP specifications,
Supplier must provide a detailed itemization and explanation for each deviation from the RFP
specifications, clearly describing any alternate goods and/or services that could be provided to
satisfy those requirements. Supplier should list any items it wishes to exclude from its standard
catalog. Absence of an itemization and explanation will mean that Supplier is willing and able to
meet all RFP specifications. If Supplier does not document an Exception regarding the RFP
specifications and it is found that goods and/or services delivered do not meet the RFP
specifications, Supplier will be required to correct same at Supplier’s expense. Supplier is
cautioned that if UC does not approve Supplier’s request for exception to the RFP specifications,
and Supplier does not withdraw the request, the proposal may be deemed non-responsive and
ineligible for award.
19 of 19
Purchasing Agreement # ____________
The Agreement to furnish certain goods and services described herein and in the documents referenced herein (“Goods
and/or Services”) is made by and between The Regents of the University of California, a California public corporation (“UC”)
on behalf of the University of California, [Buyer: if applicable, add name of campus], and the supplier named below
(“Supplier”). This Agreement is binding only if it is negotiated and executed by an authorized representative with the proper
delegation of authority. [Buyer: if desired, edit this paragraph or section 1 below, to indicate that this is a master services
agreement, an independent contractor agreement, a professional services agreement, or other specific type of agreement,
as the case may be.]
1. Statement of Work
Supplier agrees to perform the Services listed in the statement of work attached as Attachment A (“Statement of Work”) and
any other documents referenced in the Incorporated Documents section herein, at the prices set forth in the Statement of
Work and any other documents referenced in the Incorporated Documents section herein. Unless otherwise provided in the
Agreement, UC will not be obligated to purchase a minimum amount of Goods and/or Services from Supplier.
2. Term of Agreement/Termination
a) [Buyer: select one of the following alternatives, but approval must first be obtained pursuant to BUS-43
before providing for a term exceeding 10 years (initial term plus all renewal terms)]
The term of the Agreement will be from Date and through Date and is subject to earlier termination as provided
below. It may be extended upon the agreement of the parties.
The initial term of the Agreement will be from Date and through Date (Initial Term) and is subject to earlier
termination as provided below. UC may renew the Agreement for Number successive Number -year periods
(each, a Renewal Term), by providing Supplier with at least Number calendar days’ written notice before the
end of the Initial Term or any Renewal Term. [Buyer: Number of days will depend on Goods and Services, and
time needed to obtain replacement if necessary.]
b) UC may terminate the Agreement for convenience by giving Supplier at least Number calendar days' written
notice. [Buyer: UC standard is 30 days; subject to negotiation.]
c) UC or Supplier may terminate the Agreement for cause by giving the other party at least Number days' notice
to cure a breach of the Agreement (Cure Period). If the breaching party fails to cure the breach within the Cure
Period, the non-breaching party may immediately terminate the Agreement. [Buyer: UC standard is 15 days;
subject to negotiation.]
3. Purchase Order; Advance Payments
Unless otherwise provided in the Agreement, Supplier may not begin providing Goods and/or Services until UC approves a
Purchase Order for the Goods and/or Services.
4. Pricing, Invoicing Method, and Settlement Method and Terms
Refer to Statement of Work or Purchase Order for Pricing. [Buyer: add the following language for systemwide agreements:
For systemwide agreements, each UC Location will specify the Invoicing Method and Payment Options that will apply, taking
into account the operational capabilities of Supplier and the UC Location. See UC’s Procure to Pay Standards
http://www.ucop.edu/procurement-services/_files/Matrix%20for%20website.pdf for the options that will be considered. In
the case of systemwide agreements, each UC Location will specify these terms in a Statement of Work or Purchase Order, as
the case may be.]
For non-systemwide agreements, the Invoicing Method, and Settlement Method and Terms are addressed below.
Template revised on 10.1.19 Page 1 of 6
Invoicing Method
[Buyer: To require a specific Invoicing Method, specify the Invoicing Method here.] Notwithstanding the provisions of
Article 3 of the Terms and Conditions of Purchase, Supplier will be required to use the following Invoicing Method: [Buyer:
Specify Invoicing Method in accordance with the capabilities of Supplier and the location (refer to Campus Capabilities
Chart).]
[Buyer: Insert as applicable if UC will pay freight or shipping/handling expenses] Notwithstanding the provisions of Article
3 of the Terms and Conditions of Purchase, UC will pay freight and shipping/handling as follows: [Buyer: Customize preceding
language as necessary, and insert detail here]
All invoices must clearly indicate the following information:
California sales tax as a separate line item;
Shipping costs as a separate line item;
UC Purchase Order or Release Number;
Description, quantity, catalog number and manufacturer number of the item ordered;
Net cost of each item;
Any pay/earned/dynamic discount;
Reference to original order number for all credit memos issued;
Supplier will submit invoices following the designated invoice method directly to UC Accounts Payable Departments at each
UC Location, unless UC notifies the Supplier otherwise by amendment to the Agreement.
Settlement Method and Terms
[Buyer: To require a specific Settlement Method and/or Terms, make such provisions here. This section may be used to
customize terms that are set forth in the Matrix – for instance, to provide that the prompt payment discount will be 1.5%
rather than 2.0%, or that prompt payment will be considered to be 20 days rather than 10 days.] Notwithstanding the
provisions of Article 3 of the Terms and Conditions of Purchase, the Settlement Method and Terms will be as follows: [Buyer:
Specify Settlement Method and/or Terms, in accordance with the capabilities of Supplier and the location (refer to Campus
Capabilities Chart).]
5. Notices
As provided in the UC Terms and Conditions of Purchase, notices may be given by email, which will be considered legal notice
only if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE – [insert, as the case may
be, Supplier name or University of California]. If a physical format notice is required, it must be sent by overnight delivery or
by certified mail with return receipt requested, at the addresses specified below. [Buyer: If Email is unacceptable, omit the
immediately preceding sentence, the Email address fields below, and the Email provision in the Insurance provision. Delete
the notice block below, as appropriate, when the Goods and/or Services are not subject to an Appendix – Data Security,
Appendix – Business Associate, and/or Appendix – General Data Protection Regulation. If the Goods and/or Services are
subject to an Appendix – Data Security, the suggested contact is your Information Security Officer. If the Goods and/or
Services are subject to an Appendix – Business Associate, the suggested contact is your local Privacy Officer. If the Goods
and/or Services are subject to an Appendix – General Data Protection Regulation, the suggested contact is your local
campus Privacy Officer.]
To UC, regarding confirmed or suspected Breaches as defined under Appendix – Data Security:
Name
Phone
Email
Address
Template revised on 10.1.19 Page 2 of 6
To UC, regarding Breaches or Security Incidents as defined under Appendix – Business Associate:
Name
Phone
Email
Address
To UC, regarding personal data breaches as defined under Appendix – General Data Protection Regulation:
Name
Phone
Email
Address
To UC, regarding contract issues not addressed above:
Name
Phone
Email
Address
To Supplier:
Name
Phone
Email
Address
6. Intellectual Property, Copyright and Patents [select one]
/___/ The Goods and/or Services involve Work Made for Hire
/___/ The Goods and/or Services do not involve Work Made for Hire
7. Patient Protection and Affordable Care Act (PPACA) [select one]
/___/ Because the Services involve temporary or supplementary staffing, they are subject to the PPACA warranties in the
T&Cs.
/___/ The Services do not involve temporary or supplementary staffing, and they are not subject to the PPACA warranties
in the T&Cs.
8. Prevailing Wages [Check if Prevailing Wage requirement does not apply]
Template revised on 10.1.19 Page 3 of 6
/___/ Supplier is not required to pay prevailing wages when providing the Services.
9. Fair Wage/Fair Work
/___/ Supplier is not required to pay the UC Fair Wage (defined as $13 per hour as of 10/1/15, $14 per hour as of 10/1/16,
and $15 per hour as of 10/1/17) when providing the Services.
10. Federally Funded Contracts, Grants, and Cooperative Agreements
[Buyer: include this section ONLY if you have knowledge of the prime award number]
/___/ Grant or Cooperative Agreement
/___/ Contract
The Prime Award Number is: ______________________.
11. Restriction Relating to Consulting Services or Similar Contracts –
Follow-on Contracts
Please note a Supplier that is awarded a consulting services or similar contract cannot later submit a bid or be considered for
any work “required, suggested, or otherwise deemed appropriate” as the end product of the Services (see Public Contract
Code Section 10515).
12. Insurance
Deliver the PDF version of the Certificate of Insurance to UC’s Buyer, by email with the following text in the Subject field:
CERTIFICATE OF INSURANCE – [Buyer: insert Supplier name].
13. Service-Specific and/or Goods-Specific Provisions
[Buyer: Use this section to add provisions that apply to the specific type of Goods and/or Services – for instance, research,
photography, advertising, event hosting, etc.]
14. Records about Individuals
Records created pursuant to the Agreement that contain personal information about individuals (including statements made
by or about individuals) may become subject to the California Information Practices Act of 1977, which includes a right of
access by the subject individual. While ownership of confidential or personal information about individuals is subject to
negotiated agreement between UC and Supplier, records will normally become UC’s property, and subject to state law and
UC policies governing privacy and access to files. When collecting the information, Supplier must inform the individual that
the record is being made, and the purpose of the record. Use of recording devices in discussions with employees is permitted
only as specified in the Statement of Work.
15. Amendments to UC Terms and Conditions of Purchase
The UC Terms and Conditions of Purchase, dated ____________ are hereby amended as follows:
Template revised on 10.1.19 Page 4 of 6
[Buyer: Indicate in this section which T&C provisions are deleted or amended. This will address T&C provisions with
which the Supplier takes exception. If the Agreement relates to a research grant, Buyer may want to amend Article 19,
Audit Requirements to reflect a 7-year retention.]
16. Amendments to Appendix – Data Security
The UC Appendix – Data Security, dated ______________ is hereby amended as follows:
[Buyer: Indicate in this section which Appendix – Data Security provisions are deleted or amended. This will address
provisions with which the Supplier takes exception.]
17. Amendments to Appendix – Business Associate
The UC Appendix – Business Associate, dated _____________ is hereby amended as follows:
[Buyer: Indicate in this section which Appendix – Business Associate provisions are deleted or amended. This will address
provisions with which the Supplier takes exception.]
18. Amendments to Appendix – General Data Protection Regulation
The UC Appendix – General Data Protection Regulation, dated ______ is hereby amended as follows:
[Buyer: Indicate in this section which Appendix – General Data Protection Regulation provisions are deleted or amended.
This will address provisions with which the Supplier takes exception.]
19. Incorporated Documents
This Agreement and its Incorporated Documents contain the entire agreement between the Parties, in order of
the below precedent, concerning its subject matter and shall supersede all prior or other agreements, oral and
written declarations of intent and other legal arrangements (whether binding or non-binding) made by the Parties
in respect thereof.
a. [Buyer: insert Purchase Agreement Title/#]
b.[Buyer: insert Prime Contract #]
c.[Buyer: insert UC Terms and Conditions of Purchase or Contract Addendum - UC Required Terms]
d.[Buyer: insert UC Appendix – Data Security]
e.[Buyer: insert UC Appendix - Business Associate (HIPAA)]
f.[Buyer: insert UC Appendix – General Data Protection Regulation (GDPR)]
g.Statement of Work – Attachment A
h.[Any additional documents necessary, with all incorporated documents being in order of
precedence. Buyer may reference the Supplier’s proposal and quote as long as the Supplier’s T&C’s are
removed or there aren’t any conflicts with the UC T&C’s.]
[Buyer: Re-order these items as necessary in order to reflect your desired order of precedence
20. Entire Agreement
The Agreement and its Incorporated Documents contain the entire Agreement between the parties and supersede all prior
written or oral agreements with respect to the subject matter herein.
Template revised on 10.1.19 Page 5 of 6
This Agreement can only be signed by an authorized representative with the proper delegation of authority.
THE REGENTS OF THE [SUPPLIER NAME]
UNIVERSITY OF CALIFORNIA
________________________________ ___________________________________
(Signature) (Signature)
________________________________ ___________________________________
(Printed Name, Title) (Printed Name, Title)
________________________________ ____________________________________
(Date) (Date)
Template revised on 10.1.19 Page 6 of 6
ATTACHMENT A TO PURCHASING AGREEMENT #______
STATEMENT OF WORK
This Statement of Work # __ (“SOW”) is issued pursuant to Purchasing Agreement #_______ dated
_______________, 20__ between UC and Supplier (“Agreement”).
1. Title and Description of the Scope of Goods and/or Services
[Buyer: Provide an overview and background of Goods and/or Services to be provided.]
2. Term of SOW
This SOW will begin on __________, 20__ (“Effective Date”) and continue through ______________, 20__.
This SOW may not be renewed or otherwise amended except through a Change Order pursuant to the
Change Management section below.
3. Key Tasks and Activities, Deliverables and Completion Timeframe
Supplier Obligations
Completion
Task Activities Deliverables Date or
Timeframe
[List each discrete
[Specific
tangible work
dates are
[Specific details using action product that is
best; can be
[General verbs like “create”, “develop”, considered a
1 stated as
description] “test”, “analyze”, “evaluate”, critical end result
“Week 1”,
etc.] from the Supplier;
“Week 2”,
deliverables are
etc.]
nouns, not verbs]
2
3
4
5
Include: Identify all phases. If
additional phases will not be
known until first phase work
begins, be sure to specify
Additional
hourly rate and a not to
as needed
exceed price for this work.
Request Supplier to provide
data type, protected health
information and other data
Revised 7/12/2017 Page 1 of 7
4. UC Obligations
[Buyer: Include as appropriate language such as: UC will provide working space, equipment, furniture,
utilities, and services, as follows:]
5. Place(s) of Performance
[Buyer: Use this section if appropriate to outline where Services will be provided]
6. Key Personnel
Supplier’s Account Manager is listed below, is subject to UC approval, and has overall responsibility for
managing the UC/Supplier relationship:
Name
Phone
Email
Address
Subcontractors authorized to provide Goods and/or Services under this SOW [Buyer: Names should be
listed only if Agreement permits use of subcontractors]:
Name of Subcontractor Goods and/or Services the
Subcontractor will provide
Revised 7/12/17 Page 2 of 7
Supplier’s Account Management Team is:
Name
Phone
Email
Address
Name
Phone
Email
Address
Name
Phone
Email
Address
Name
Phone
Email
Address
UC’S Project Manager, responsible for acceptance/rejection of project results/deliverables, is:
Name
Phone
Email
Address
7. Reporting Requirements
[Buyer: Identify any key reports that should be produced by Supplier or critical reporting events. This can
be included in the table above if preferred.]
Supplier agrees to provide other reports as reasonably requested by UC during the Term of the Agreement
and any extension(s) to the Term at no additional cost to UC.
8. Assumptions
a) The following items are not included within the scope of Goods and/or Services to be provided
under this SOW: [Buyer: Delete if not needed]
b) [Buyer: Add more as needed]
c) Additional assumptions include the following: [Buyer: Delete if not needed, but list any UC
dependencies that must be fulfilled in order for Supplier to provide the Goods and/or Services]
d) [Buyer: Add more as needed]
Revised 7/12/17 Page 3 of 7
9. Service Level Agreement
a) [Buyer: Any critical SLAs should be stated here. For goods, consider the following language:]
During the Term of the Agreement, and any extension(s) of the Term, Supplier will provide the following
minimum service standards:
Normal delivery -next business day
Rush delivery -within 4 hours
Pick up returns -within 2 business days
Request for reports -within 5 business days
Order fill rate -98%
Delivery accuracy -98%
Delivery, on-time -98%
Invoice/billing accuracy -98%
Customer service satisfaction -98%
The minimum service standards set forth above recognize that occasional errors are likely; however,
Supplier further agrees to use its best efforts to achieve 100% of service levels. Should the service levels
fall below the minimum standards and Supplier does not take corrective action within fourteen (14) days
following UC written notification, UC reserves the right to terminate the Agreement immediately.
10. Pricing, Invoicing Method, and Settlement Method and Terms
[Buyer: Pricing includes the contract amount (for instance, time and materials using an hourly rate;
whether there is a not to exceed cap; and flat fee); and the payment schedule (what percentage must
be paid at what times, including milestones)]
Pricing is addressed below. The Invoicing Method, and Settlement Method and Terms are addressed in
the applicable Agreement. As regards Invoicing Method, and Settlement Method and Terms, the terms of
the applicable Agreement will take precedence over any conflicting terms in this Statement of Work.
a) “Fixed Price Services” to be rendered under this SOW, including deliverables to be provided as part
of Fixed Price Services, are described in this section as:
b) “Time and Materials Services” to be rendered under this SOW, including deliverables to be
provided as part of Time and Materials Services:
c) The rates applicable to each person who will render Time and Materials Services are as follows:
Extended
Name and Title of Person Rate per Estimated No. of
Cost of UC MRC
Rendering Services Hour/Day Days
Fees
Estimated Maximum Expenses (if any): n/a
Revised 7/12/17 Page 4 of 7
Estimated Maximum Cost:
d) [Buyer: Outline Payment Schedule as needed]
11. Program Requirements
[Buyer: If items will be ordered by catalog, use the Appendix – Electronic Commerce. If applicable,
consider using these additional terms for Goods:]
Order Packaging and Labeling. Supplier agrees that each UC order will be individually wrapped and labeled
with the following information:
Purchase Order number;
Product description, quantity and catalog number of the product ordered and an open 30-character
field for internal identification e.g., UC storehouse catalog numbers and/or internal customer order
numbers; and
Other information, as may be requested by ordering UC Location.
Packaging slips will be attached to the outside of the package such that it can be inspected by UC at the
requesting department and/or receiving dock.
Receiving Locations. Supplier agrees to provide desktop and dock delivery to all UC current and future
authorized personnel delivery points, as requested by UC.
Standard Delivery Requirements. Supplier will deliver Monday through Friday, excluding UC- and Supplier-
observed holidays. Supplier provide UC with a schedule on or before September 1 of the following calendar
year showing holidays and other planned shutdowns (such as the annual inventory) that would impact
Supplier’s ability to deliver the Goods and/or Services. Supplier agrees to deliver all UC orders received by
3:30pm Pacific Time the next business day as follows:
Campus direct (desktop delivery) - by 3:30 pm Pacific Time
Storehouse (drop ship delivery) - by 10:00 am Pacific Time
Delivery Delays. Supplier will report any delivery delay whatsoever to the ordering Location, as well as its
cause, within two (2) hours after Supplier is able to reasonably determine there will be a delay; the report
will be provided to UC by telephone, e-mail, or facsimile. Supplier will keep UC fully informed and will take
all reasonable action in eliminating the cause of delay.
Rush Delivery Requirements. Supplier agrees to deliver UC emergency orders within four (4) hours after
receipt of order at no additional charge to UC. Rush delivery orders for same day delivery must be
requested by UC prior to 1:00 pm Pacific Time. Supplier cannot guarantee, but agrees to use good faith
efforts to provide same day delivery for rush orders UC places after 1:00 pm Pacific Time.
Returns. Supplier agrees to accept Goods returned by UC if in resalable condition and if made within thirty
(30) days of original shipment. Supplier must pick up returns from the ordering department location within
two business days. Services under $20.00 do not need to be physically returned to Supplier.
Credit. Requests for credit can be transmitted by the ordering UC personnel via the established order
management system (telephone, fax, paper return form, and web-based). Chargebacks and credit memos
will be issued to UC ordering departments in the current month’s billing period. Return items will be
credited at cost. If Goods were purchased via UC purchasing card, credit must be issued to the same
purchasing card.
Revised 7/12/17 Page 5 of 7
Out of Stock Items. If there is an out of stock situation of any ordered inventoried item(s), the out of stock
item will be added to the back order file and will be delivered to UC when the item is in stock without a
further order being submitted.
Surveys. Supplier will, at UC’s request, conduct customer surveys of UC orders through questionnaires. The
content of these surveys will be approved by UC. UC will be responsible for the tabulation of these surveys.
12. Acceptance Criteria and Testing
[Buyer: Provide details of the Acceptance Criteria and testing which each Deliverable or Milestone must
meet to be accepted, if specifics aren’t defined.]
a) [Buyer: Indicate any additional financial or other considerations resulting from acceptance
testing]
13. Changes to the Services
UC may desire to change the Goods and/or Services following execution of an SOW. If so, UC will submit a
written Amendment to Supplier describing the changes in appropriate detail. If an Amendment does not
require Supplier to incur any additional material costs or expenses, then Supplier will make the modification
within ten (10) business days of Supplier’s receipt of UC’s Amendment. If an Amendment does require that
Supplier incur additional material costs or expenses, then Supplier in good faith will provide UC with a
written, high level, non-binding assessment of the costs and expenses and the time required to perform the
modifications required by the Amendment, within ten (10) business days of Supplier’s receipt of UC’s
Amendment. UC will notify Supplier in writing within ten (10) business days after receipt of Supplier’s
response to the Amendment as to whether UC wishes Supplier to implement the Amendment based on the
response. UC will compensate Supplier for implementation of an Amendment in accordance with the terms
and conditions of the relevant Amendment and Supplier’s response to the Amendment, if any. Supplier’s
implementation of an Amendment will not delay the performance of Services and/or the delivery of
deliverables not reasonably affected by an Amendment.
14. No Mandatory Use
Because there is no mandatory use policy at UC, nothing in this Statement of Work will be construed to
prevent UC from entering into similar agreements with any third parties including, without limitation,
suppliers that may be in competition with Supplier.
15. Additional Terms
[Buyer: If recording devices will be allowed, add the following: Supplier will use recording devices in
discussions with UC employees only when UC and the employees so authorize; this authorization must
be in writing. If applicable, Supplier's use of recording devices in such discussion is proposed as follows:
(Insert terms)]
Insurance Requirements [Buyer: insert terms, if needed or different from basic levels in T&Cs]
Revised 7/12/17 Page 6 of 7
This Statement of Work is signed below by the parties’ duly authorized representatives.
THE REGENTS OF THE [SUPPLIER NAME]
UNIVERSITY OF CALIFORNIA
________________________________ ____________________________________
(Signature) (Signature)
________________________________ ____________________________________
(Printed Name, Title) (Printed Name, Title)
________________________________ ____________________________________
(Date) (Date)
Revised 7/12/17 Page 7 of 7
Terms and Conditions of Purchase
ARTICLE 1 – GENERAL
The equipment, materials, or supplies (“Goods”) and/or services (“Services”) furnished by Supplier (together, the “Goods and
Services”) and covered by the UC Purchase Order (“PO”) and/or other agreement (which, when combined with these Terms and
Conditions and any other documents incorporated by reference, will constitute the “Agreement”) are governed by the terms
and conditions set forth herein. As used herein, the term "Supplier" includes Supplier and its sub-suppliers at any tier. As used
herein, “UC” refers to The Regents of the University of California, a corporation described in California Constitution Art. IX, Sec.
9, on behalf of the UC Locations identified in the Agreement and/or the PO. UC and Supplier individually will be referred to as
“Party” and collectively as “Parties.” Any defined terms not defined in these Terms and Conditions of Purchase will have the
meaning ascribed to such term in any of the other documents incorporated in and constituting the Agreement. No other terms
or conditions will be binding upon the Parties unless accepted by them in writing. Supplier accepts all of the Agreement’s terms
and conditions either in writing, by shipping any portion of the Goods, or performing any portion of the Services. The terms of
any proposal referred to in the Agreement are included and made a part of the Agreement only to the extent the proposal
specifies the Goods and/or Services ordered, the price therefor, and the delivery thereof, and then only to the extent that such
terms are consistent with the terms and conditions of the Agreement.
ARTICLE 2 – TERM AND TERMINATION
A. As applicable, the term of the Agreement (“Initial Term”) will be stated in the Agreement. Following the Initial Term, the
Agreement may be extended by written mutual agreement.
B. UC’s obligation to proceed is conditioned upon the appropriation of state, federal and other sources of funds not
controlled by UC ("Funding"). UC will have the right to terminate the Agreement without damage, penalty, cost or further
obligation in the event that through no action or inaction on the part of UC, the Funding is withdrawn.
C. UC may, by written notice stating the extent and effective date thereof, terminate the Agreement for convenience in
whole or in part, at any time. The effective date of such termination shall be consistent with any requirements for
providing notice specified in the Agreement, or immediate if no such terms are set forth in the Agreement. As specified in
the termination notice, UC will pay Supplier as full compensation the pro rata Agreement price for performance through
the later of the date that
a. UC provided Supplier with notice of termination or
b. Supplier’s provision of Goods and/or Services will terminate.
D. UC may by written notice terminate the Agreement for Supplier’s breach of the Agreement, in whole or in part, at any
time, if Supplier refuses or fails to comply with the provisions of the Agreement, or so fails to make progress as to
endanger performance and does not cure such failure within five (5) business days, or fails to supply the Goods and/or
Services within the time specified or any written extension thereof. In such event, UC may purchase or otherwise secure
Goods and/or Services and, except as otherwise provided herein, Supplier will be liable to UC for any excess costs UC
incurs thereby.
E. If any of the following appendices are incorporated in to the agreement, then they will control in the event that the
appendices conflict with the provisions of this Article:
UC’s Appendix – Data Security,
Appendix – BAA, and/or
Appendix – GDPR
ARTICLE 3 – PRICING, INVOICING METHOD, AND SETTLEMENT METHOD AND TERMS.
Pricing is set forth in the Agreement or PO, and the amount UC is charged and responsible for shall not exceed the amount
specified in the Agreement unless UC has given prior written approval. Unless otherwise agreed in writing by UC, Supplier will
use the invoicing method and payment settlement method (and will extend the terms applicable to such settlement method)
set forth in UC’s Supplier Invoicing, Terms & Settlement Matrix (https://www.ucop.edu/procurement-services/procurement-
systems/supplier-invoicing,-terms-and-settlement-matrix.html). UC will pay Supplier, upon submission of acceptable invoices,
for Goods and/or Services provided and accepted. Invoices must be itemized and reference the Agreement or PO number. UC
will not pay shipping, packaging or handling expenses, unless specified in the Agreement or PO. Unless otherwise provided,
freight is to be FOB destination. Any of Supplier’s expenses that UC agrees to reimburse will be reimbursed under UC’s Travel
Policy, which may be found at http://www.ucop.edu/central-travel-management/resources/index.html. Where applicable,
Supplier will pay all taxes imposed on Supplier in connection with its performance under the Agreement, including any federal,
state and local income, sales, use, excise and other taxes or assessments. Notwithstanding any other provision to the contrary,
UC will not be responsible for any fees, interest or surcharges Supplier wishes to impose.
ARTICLE 4 – INSPECTION.
Revised 12 14 21 1
Terms and Conditions of Purchase
The Goods and/or Services furnished will be exactly as specified in the Agreement, free from all defects in Supplier's
performance, design, skill and materials, and, except as otherwise provided in the Agreement, will be subject to inspection and
test by UC at all times and places. If, prior to final acceptance, any Goods and/or Services furnished are found to be incomplete,
or not as specified, UC may reject them, require Supplier to correct them at the sole cost of Supplier, or require provision of
such Goods and/or Services at a reduction in price that is equitable under the circumstances. If Supplier is unable or refuses to
correct such deficiencies within a time UC deems reasonable, UC may terminate the Agreement in whole or in part. Supplier
will bear all risks as to rejected Goods and/or Services and, in addition to any costs for which Supplier may become liable to UC
under other provisions of the Agreement, will reimburse UC for all transportation costs, other related costs incurred, or
payments to Supplier in accordance with the terms of the Agreement for unaccepted Goods and/or Services and materials and
supplies incidental thereto. Notwithstanding final acceptance and payment, Supplier will be liable for latent defects, fraud or
such gross mistakes as amount to fraud.
ARTICLE 5 – ASSIGNED PERSONNEL; CHARACTER OF SERVICES
Supplier will provide the Services as an independent contractor and furnish all equipment, personnel, and supplies sufficient to
provide the Services expeditiously and efficiently, during as many hours per shift and shifts per week, and at such locations as
UC may so require. Supplier will devote only its best-qualified personnel to work under the Agreement. Should UC inform
Supplier that anyone providing the Services is not working to this standard, Supplier will immediately remove such personnel
from providing Services and those individuals will not again be assigned to provide Services without UC’s written permission. At
no time will Supplier or Supplier’s employees, sub-suppliers, agents, or assigns be considered employees of UC for any purpose,
including but not limited to workers’ compensation provisions. Supplier shall not have the power nor right to bind or obligate
UC, and Supplier shall not hold itself out as having such authority. Supplier shall be responsible to UC for all Services performed
by Supplier’s employees, agents and subcontractors, including being responsible for ensuring payment of all unemployment,
social security, payroll, contributions and other taxes with respect to such employees, agents and subcontractors.
ARTICLE 6 – WARRANTIES
In addition to the warranties set forth in Articles 11, 12, 17, 23, 24, 25 and 26 herein, Supplier makes the following warranties.
Supplier acknowledges that failure to comply with any of the warranties in the Agreement will constitute a material breach of
the Agreement and UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation.
A. General Warranties. Supplier represents, warrants and covenants that: (i) Supplier is free to enter into this Agreement and
that Supplier is not, and will not become, during the Term, subject to any restrictions that might restrict or prohibit
Supplier from performing the Services or providing the Goods ordered hereunder; (ii) Supplier will comply with all
applicable laws, rules and regulations in performing Supplier’s obligations hereunder; (iii) the Goods and/or Services shall
be rendered with promptness and diligence and shall be executed in a skilled manner by competent personnel, in
accordance with the prevailing industry standards; and if UC Appendix Data Security is NOT included:(iv) Supplier has
developed a business interruption and disaster recovery program and is executing such program to assess and reduce the
extent to which Supplier’s hardware, software and embedded systems may be susceptible to errors or failures in various
crisis (or force majeure) situations; (v) if Supplier uses electronic systems for creating, modifying, maintaining, archiving,
retrieving or transmitting any records, including test results that are required by, or subject to inspection by an applicable
regulatory authority, then Supplier represents and warrants that Supplier’s systems for electronic records are in
compliance; and (vi) Supplier agrees that the Goods and/or Services furnished under the Agreement will be covered by the
most favorable warranties Supplier gives to any customer for the same or substantially similar goods or services, or such
other more favorable warranties as specified in the Agreement. The rights and remedies so provided are in addition to and
do not limit any rights afforded to UC by any other article of the Agreement.
B. Permits and Licenses. Supplier agrees to procure all necessary permits or licenses and abide by all applicable laws,
regulations and ordinances of the United States and of the state, territory and political subdivision or any other country in
which the Goods and/or Services are provided.
C. Federal and State Water and Air Pollution Laws. Where applicable, Supplier warrants that it complies with the
requirements in UC Business and Finance Bulletin BUS-56 (Materiel Management; Purchases from Entities Violating State
or Federal Water or Air Pollution Laws). Consistent with California Government Code 4477, these requirements do not
permit UC to contract with entities in violation of Federal or State water or air pollution laws.
D. Web Accessibility Requirements. As applicable to the Supplies and/or Services being provided under the Agreement,
Supplier warrants that:
a. It complies with California and federal disability laws and regulations; and
b. The Goods and/or Services will conform to the accessibility requirements of WCAG 2.0AA.
c. Supplier agrees to promptly respond to and resolve any complaint regarding accessibility of its Goods and/or
Services;
Revised 12 14 21 2
Terms and Conditions of Purchase
E. General Accessibility Requirements. Supplier warrants that:
a. It will comply with California and federal disability laws and regulations;
b. Supplier will promptly respond to remediate to any identified accessibility defects in the Goods and Services to
conform to WCAG 2.0 AA; and
c. Supplier agrees to promptly respond to and use reasonable efforts to resolve and remediate any complaint
regarding accessibility of its Goods and/or Services.
F. Warranty of Quiet Enjoyment. Supplier warrants that Supplier has the right of Quiet Enjoyment in, and conveys the right of
Quiet Enjoyment to UC for UC’s use of, any and all intellectual property that will be needed for Supplier’s provision, and
UC’s use of, the Goods and/or Services provided by Supplier under the Agreement.
G. California Child Abuse and Neglect Reporting Act ("CANRA"). Where applicable, Supplier warrants that it complies with
CANRA.
H. Debarment, Suspension, U.S. Government Restricted Party Lists. Supplier warrants that it is not on the U.S. government’s
Denied Parties List, the Unverified List, the Entities List, the Specially Designated Nationals and Blocked Parties List, and is
not presently debarred, suspended, proposed for debarment or otherwise declared ineligible for award of federal
contracts or participation in federal assistance programs or activities.
I. UC Trademark Licensing Code of Conduct. If the Goods will bear UC’s name (including UC campus names, abbreviations of
these names, UC logos, UC mascots, or UC seals) or other trademarks owned by UC, Supplier warrants that it holds a valid
license from UC and complies with the Trademark Licensing Code of Conduct policy, available at
http://policy.ucop.edu/doc/3000130/TrademarkLicensing
J. Outsourcing (Public Contract Code section 12147) Compliance. Supplier warrants that if the Agreement will displace UC
employees, no funds paid under the Agreement will be used to train workers who are located outside of the United States,
or plan to relocate outside the United States as part of the Agreement. Additionally, Supplier warrants that no work will be
performed under the Agreement with workers outside the United States, except as described in Supplier’s bid. If Supplier
or its sub-supplier performs the Agreement with workers outside the United States during the life of the Agreement and
Supplier did not describe such work in its bid, Supplier acknowledges and agrees that (i) UC may terminate the Agreement
without further obligation for noncompliance, and (ii) Supplier will forfeit to UC the amount UC paid for the percentage of
work that was performed with workers outside the United States and not described in Supplier’s bid.
K. Supplier warrants that the Goods and Services rendered under this Agreement will not require Supplier to use for UC, or
provide to UC to use, "covered telecommunications equipment or services" as a substantial or essential component of any
system, or as critical technology as part of any system, within the meaning of Federal Acquisition Regulation (“FAR”)
Section 52.204-25.
Supplier will provide “Timely Notice” to the UC of any changes to the statements, confirmations or representations made
in its proposal response or in any information provided as part of the contract award process, including in particular any
changes to the certifications or representations made regarding NDAA Section 889. Timely Notice means that Supplier will
notify UC in writing within 3 business days of any changes to the representations or confirmations made in relation to
NDAA Section 889. Notice shall include the representations or confirmations made and the changes to those
representations or confirmations. The notice shall be provided by a Supplier representative authorized to bind the
Supplier.
ARTICLE 7 – INTELLECTUAL PROPERTY, COPYRIGHT, PATENTS, AND DATA RIGHTS
A. Goods and/or Services Involving Work Made for Hire.
a. Unless UC indicates that the Goods and/or Services do not involve work made for hire, Supplier acknowledges
and agrees that any deliverables provided to UC by Supplier in the performance of the Agreement, and any
intellectual property rights therein, (hereinafter the "Deliverables") will be owned by UC. The Deliverables will be
considered "work made for hire" under U.S. copyright law and all right, title, and interest to and in such
Deliverables including, but not limited to, any and all copyrights or trademarks, will be owned by UC. In the event
that it is determined that UC is not the owner of such Deliverables under the "work made for hire" doctrine of
U.S. copyright law, Supplier hereby irrevocably assigns to UC all right, title, and interest to and in such
Deliverables and any copyrights or trademarks thereto.
b. The Deliverables must be new and original. Supplier must not use any pre-existing copyrightable or trademarked
images, writings, or other proprietary materials (hereinafter "Pre-Existing Materials") in the Deliverables without
UC’s prior written permission. In the event that Supplier uses any Pre-Existing Materials in the Deliverables in
which Supplier has an ownership interest, UC is hereby granted, and will have, a non-exclusive, royalty-free,
irrevocable, perpetual, paid-up, worldwide license (with the right to sublicense) to make, have made, copy,
Revised 12 14 21 3
Terms and Conditions of Purchase
modify, make derivative works of, use, perform, display publicly, sell, and otherwise distribute such Pre-Existing
Materials in connection with the Deliverables.
c. Whenever any invention or discovery is made or conceived by Supplier in the course of or in connection with the
Agreement, Supplier will promptly furnish UC with complete information with respect thereto and UC will have
the sole power to determine whether and where a patent application will be filed and to determine the
disposition of title to and all rights under any application or patent that may result.
d. Supplier is specifically subject to an obligation to, and hereby does, assign all right, title and interest in any such
intellectual property rights to UC as well as all right, title and interest in tangible research products embodying
any such inventions whether the inventions are patentable or not. Supplier agrees to promptly execute any
additional documents or forms that UC may require in order to effectuate such assignment.
B. Goods and/or Services Not Involving Work Made for Hire.
a. If the Goods and/or Services do not involve work made for hire, and in the event that Supplier uses any Pre-
Existing Materials in the Deliverables in which Supplier has an ownership interest, UC is hereby granted, and will
have, a non-exclusive, royalty-free, irrevocable, perpetual, paid-up, worldwide license (with the right to
sublicense) to make, have made, copy, modify, make derivative works of, use, perform, display publicly, sell, and
otherwise distribute such Pre-Existing Materials in connection with the Deliverables.
b. The Deliverables must be new and original. Supplier must not use any Pre-Existing Materials in the Deliverables
without UC’s prior written permission.
c. Whenever any invention or discovery is made or conceived by Supplier in the course of or in connection with the
Agreement, Supplier will promptly furnish UC complete information with respect thereto and UC will have the
sole power to determine whether and where a patent application will be filed and to determine the disposition
of title to and all rights under any application or patent that may result.
d. Supplier is specifically subject to an obligation to, and hereby does, assign all right, title and interest in any such
intellectual property rights to UC as well as all right, title and interest in tangible research products embodying
any such inventions whether the inventions are patentable or not. Supplier agrees to promptly execute any
additional documents or forms that UC may require in order to effectuate such assignment.
C. General. Should the Goods and/or Services become, or in Supplier’s opinion be likely to become, the subject of a claim of
infringement of any patent, copyright, trademark, trade name, trade secret, or other proprietary or contractual right of
any third party, Supplier will provide written notice to UC of the circumstances giving rise to such claim or likely claim. In
the event that UC receives notice of a claim of infringement or is made a party to or is threatened with being made a party
to any claim of infringement related to the Goods and/or Services, UC will provide Supplier with notice of such claim or
threat. Following receipt of such notice, Supplier will either (at Supplier’s sole election) (i) procure for UC the right to
continue to use the affected portion of the Goods and/or Services, or (ii) replace or otherwise modify the affected portion
of the Goods and/or Services to make them non-infringing, or obtain a reasonable substitute product for the affected
portion of the Goods and/or Services, provided that any replacement, modification or substitution under this paragraph
does not effect a material change in the Goods and/or Services’ functionality. If none of the foregoing options is
reasonably acceptable to UC, UC will have the right to terminate the Agreement without damage, penalty, cost or further
obligation.
D. UC Rights to Institutional Information. Institutional Information shall belong exclusively to UC and unless expressly
provided, this Agreement shall not be construed as conferring on Supplier any patent, copyright, trademark, license right
or trade secret owned or obtained by UC. Any right for Supplier to use Institutional Information is solely provided on a
non-exclusive basis, and only to the extent required for Supplier to provide the Goods or Services under the Agreement. As
used herein, “Institutional Information” means any information or data created, received, and/or collected by UC or on its
behalf, including but not limited to application logs, metadata and data derived from such data.
ARTICLE 8 – INDEMNITY AND LIABILITY
To the fullest extent permitted by law, Supplier will defend, indemnify, and hold harmless UC, its officers, employees, and
agents, from and against all losses, expenses (including, without limitation, reasonable attorneys' fees and costs), damages, and
liabilities of any kind resulting from or arising out of the Agreement, including the performance hereunder of Supplier, its
officers, employees, agents, sub-suppliers, or anyone directly or indirectly employed by Supplier, or any person or persons
under Supplier's direction and control, provided such losses, expenses, damages and liabilities are due or claimed to be due to
the acts or omissions of Supplier, its officers, employees, agents, sub-suppliers, or anyone directly or indirectly employed by
Supplier, or any person or persons under Supplier's direction and control. UC agrees to provide Supplier with prompt notice of
any such claim or action and to permit Supplier to defend any claim or action, and that UC will cooperate fully in such defense.
UC retains the right to participate in the defense against any such claim or action, and the right to consent to any settlement,
which consent will not unreasonably be withheld.
Revised 12 14 21 4
Terms and Conditions of Purchase
In the event Appendix DS applies to this Agreement, Supplier shall reimburse or otherwise be responsible for any costs, fines or
penalties imposed against UC as a result of Supplier’s Breach of Institutional Information and/or failure to cooperate with UC’s
response to such Breach. As used herein, “Breach” means:
a. Any disclosure of Institutional Information to an unauthorized party or in an unlawful manner;
b. Unauthorized or unlawful acquisition of information that compromises the security, confidentiality or integrity of
Institutional Information and/or IT Resources; and
c. The acquisition, access, use, or disclosure of Protected Health Information or medical information in a manner not
permitted under the Health Insurance Portability and Accountability Act (HIPAA) or California law. “IT Resources”
means IT infrastructure, cloud services, software, and/or hardware with computing and/or networking capability that
is Supplier owned/managed, or UC-owned, or a personally owned device that stores Institutional Information, is
connected to UC systems, is connected to UC networks, or is used for UC business.
ARTICLE 9 – INSURANCE
Supplier, at its sole cost and expense, will insure its activities in connection with providing the Goods and/or Services and
obtain, keep in force, and maintain the following insurance with the minimum limits set forth below, unless UC specifies
otherwise:
A. Commercial Form General Liability Insurance (contractual liability included) with limits as follows:
a. Each Occurrence $ 1,000,000
b. Products/Completed Operations Aggregate $ 2,000,000
c. Personal and Advertising Injury $ 1,000,000
d. General Aggregate $ 2,000,000
B. Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired automobiles with a combined single
limit of not less than one million dollars ($1,000,000) per occurrence. (Required only if Supplier drives on UC premises or
transports UC employees, officers, invitees, or agents in the course of supplying the Goods and/or Services to UC.)
C. If applicable, Professional Liability Insurance with a limit of two million dollars ($2,000,000) per occurrence or claim with
an aggregate of not less than two million dollars ($2,000,000). If this insurance is written on a claims-made form, it will
continue for three years following termination of the Agreement. The insurance will have a retroactive date of placement
prior to or coinciding with the effective date of the Agreement.
D. Workers' Compensation as required by applicable state law and Employer’s Liability with limits of one million dollars
($1,000,000) per occurrence.
E. If applicable, Supplier Fidelity Bond or Crime coverage for the dishonest acts of its employees in a minimum amount of one
million dollars ($1,000,000). Supplier will endorse such policy to include a “Regents of the University of California
Coverage” or “Joint Payee Coverage” endorsement. UC and, if so requested, UC’s officers, employees, agents and sub-
suppliers will be named as "Loss Payee, as Their Interest May Appear” in such Fidelity Bond.
F. In the event Appendix DS applies to this Agreement, Supplier, at its sole cost and expense, will obtain, keep in force, and
maintain one or more insurance policies that provide coverage for technology, professional liability, data protection,
and/or cyber liability. Typically referred to as Privacy, Technology and Data Security Liability, Cyber Liability, or Technology
Professional Liability insurance, it will cover liabilities for financial loss due to the acts, omissions, or intentional
misconduct of Supplier, its officers, employees, agents, sub-suppliers, or anyone directly or indirectly employed by
Supplier, or any person or persons under Supplier’s direction and control, in connection with the performance of this
Agreement, as well as all Supplier costs, including damages it is obligated to pay UC or any third party, that are associated
with any confirmed or suspected Breach or compromise of Institutional Information. In some cases, Professional Liability
policies may include some coverage for data breaches or loss of Institutional Information. Regardless of the type of
policy(ies) in place, such coverage will include without limitation:
a. Costs to notify parties whose data were lost or compromised;
b. Costs to provide credit monitoring and credit restoration services to parties whose data were lost or
compromised;
c. Costs associated with third party claims arising from the confirmed or suspected Breach or loss of Institutional
Information, including litigation costs and settlement costs;
d. Any investigation, enforcement, fines and penalties, or similar miscellaneous costs; and
e. Any payment made to a third party as a result of extortion related to a confirmed or suspected Breach. The
following insurance coverage is based on the highest Protection Level Classification of Institutional Information
identified in Exhibit 1 to Appendix DS:
P1 - This insurance policy must have minimum limits of $500,000 each occurrence and $500,000 in the
aggregate.
P2 - This insurance policy must have minimum limits of $1,000,000 each occurrence and $1,000,000 in the
aggregate.
Revised 12 14 21 5
Terms and Conditions of Purchase
P3 and P4, less than 70,000 records - this insurance policy must have minimum limits of $5,000,000 each
occurrence and $5,000,000 in the aggregate.
P3 and P4, 70,000 or more records - this insurance policy must have minimum limits of $10,000,000 each
occurrence and $10,000,000 in the aggregate.
G. Protection Level Classifications are defined in the UC Systemwide Information Security Classification of Information and IT
Resources: https://security.ucop.edu/policies/institutional-information-and-it-resource-classification.html
H. Additional other insurance in such amounts as may be reasonably required by UC against other insurable risks relating to
performance. If the above insurance is written on a claims-made form, it will continue for three years following
termination of the Agreement. The insurance will have a retroactive date of placement prior to or coinciding with the
effective date of the Agreement. If the above insurance coverage is modified, changed or cancelled, Supplier will provide
UC with not less than fifteen (15) days’ advance written notice of such modification, change, or cancellation, and will
promptly obtain replacement coverage that complies with this Article.
I. The coverages referred to under A and B of this Article must include UC as an additional insured. It is understood that the
coverage and limits referred to under A, B and C of this Article will not in any way limit Supplier’s liability. Supplier will
furnish UC with certificates of insurance (and the relevant endorsement pages) evidencing compliance with all
requirements prior to commencing work under the Agreement. Such certificates will:
a. Indicate that The Regents of the University of California has been endorsed as an additional insured for the
coverage referred to under A and B of this Article. This provision will only apply in proportion to and to the
extent of the negligent acts or omissions of Supplier, its officers, agents, or employees.
b. Include a provision that the coverage will be primary and will not participate with or be excess over any valid and
collectible insurance or program of self-insurance carried or maintained by UC.
ARTICLE 10 – USE OF UC NAME AND TRADEMARKS
Supplier will not use the UC name, abbreviation of the UC name, trade names and/or trademarks (i.e., logos and seals) or any
derivation thereof, in any form or manner in advertisements, reports, or other information released to the public, or place the
UC name, abbreviations, trade names and/or trademarks or any derivation thereof on any consumer goods, products, or
services for sale or distribution to the public, without UC’s prior written approval. Supplier agrees to comply at all times with
California Education Code Section 92000.
ARTICLE 11 – FEDERAL FUNDS
Supplier who supplies Goods and/or Services certifies and represents its compliance with the following clauses, as applicable.
Supplier shall promptly notify UC of any change of status with regard to these certifications and representations. These
certifications and representations are material statements upon which UC will rely.
A. For commercial transactions involving funds on a federal contract (federal awards governed by the FAR), the following
provisions apply, as applicable:
a. FAR 52.203-13, Contractor Code of Business Ethics and Conduct;
b. FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of
Whistleblower Rights;
c. FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements;
d. FAR 52.219-8, Utilization of Small Business Concerns;
e. FAR 52.222-17, Non-displacement of Qualified Workers;
f. FAR 52.222-21, Prohibition of Segregated Facilities;
g. FAR 52.222-26, Equal Opportunity;
h. FAR 52.222-35, Equal Opportunity for Veterans;
i. FAR 52.222-36, Equal Opportunity for Workers with Disabilities;
j. FAR 52.222-37, Employment Reports on Veterans;
k. FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act;
l. FAR 52.222-41, Service Contract Labor Standards;
m. FAR 52.222-50, Combating Trafficking in Persons;
n. FAR 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment - Requirements;
o. FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services - Requirements;
p. FAR 52.222-54, Employment Eligibility Verification;
q. FAR 52.222-55, Minimum Wages Under Executive Order 13658;
Revised 12 14 21 6
Terms and Conditions of Purchase
r. FAR 52.222-62, Paid Sick Leave under Executive Order 13706;
s. FAR 52.224-3, Privacy Training;
t. FAR 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations;
u. FAR 52.233-1, Disputes; and
v. FAR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels.
B. For non-commercial transactions involving funds on a federal contract, the UC Appendix titled ‘Federal Government
Contracts Special terms and Conditions (Non-Commercial Items or Services)’ and located at www.ucop.edu/procurement-
services/policies-forms/index.html is hereby incorporated herein by this reference.
C. For transactions involving funds on a federal grant or cooperative agreement (federal awards governed by CFR Title 2,
Subtitle A, Chapter II, Part 200) the following provisions apply, as applicable:
a. Rights to Inventions. If Supplier is a small business firm or nonprofit organization, and is providing experimental,
development, or research work under this transaction, Supplier must comply with the requirements of 3 CFR
Part 401, “Rights to Inventions Made by nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts, and Cooperative Agreements”.
b. Clean Air Act. Supplier agrees 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).
c. Byrd Anti-Lobbying. Supplier certifies 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.
d. Procurement of Recovered Materials. If Supplier is a state agency or agency of a political subdivision of a state,
then Supplier must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act.
e. Domestic Preferences for Procurements. As appropriate and to the extent consistent with law, Supplier should,
to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or
use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum,
steel, cement, and other manufactured products). ‘‘Produced in the United States’’ means, for iron and steel
products, that all manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States. ‘‘Manufactured products’’ means items and construction materials composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
D. In these provisions, the term "contractor" as used therein will refer to Supplier, and the terms “Government” or
“Contracting Officer” as used therein will refer to UC. Where a purchase of items is for fulfillment of a specific U.S.
Government prime or subcontract, additional information and/or terms and conditions may be included in an attached
supplement. By submitting an invoice to UC, Supplier is representing to UC that, at the time of submission:
a. Neither Supplier nor its principals are presently debarred, suspended, or proposed for debarment by the U.S.
government (see FAR 52.209-6);
b. Supplier has filed all compliance reports required by the Equal Opportunity clause (see FAR 52.222-22); and
c. Any Supplier representations to UC about U.S. Small Business Administration or state and local classifications,
including but not limited to size standards, ownership, and control, are accurate and complete.
d. Byrd Anti-Lobbying. Supplier certifies 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.
ARTICLE 12 – EQUAL OPPORTUNITY AFFIRMATIVE ACTION
Supplier will abide by the requirements set forth in Executive Orders 11246 and 11375. Where applicable, Supplier will comply
with 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a), incorporated by reference with this statement: “This contractor and
subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit
discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and
prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action
to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender
identity, national origin, protected veteran status or disability.” With respect to activities occurring in the State of California,
Supplier agrees to adhere to the California Fair Employment and Housing Act. Supplier will provide UC on request a breakdown
Revised 12 14 21 7
Terms and Conditions of Purchase
of its labor force by groups as specified by UC, and will discuss with UC its policies and practices relating to its affirmative action
programs. Supplier will not maintain or provide facilities for employees at any establishment under its control that are
segregated on a basis prohibited by federal law. Separate or single-user restrooms and necessary dressing or sleeping areas
must be provided, however, to ensure privacy.
ARTICLE 13 – LIENS
Supplier agrees that upon UC’s request, Supplier will submit a sworn statement setting forth the work performed or material
furnished by sub-suppliers and material men, and the amount due and to become due to each, and that before the final
payment called for under the Agreement, will upon UC’s request submit to UC a complete set of vouchers showing what
payments have been made for such work performed or material furnished. Supplier will promptly notify UC in writing, of any
claims, demands, causes of action, liens or suits brought to its attention that arise out of the Agreement. UC will not make final
payment until Supplier, if required, delivers to UC a complete release of all liens arising out of the Agreement, or receipts in full
in lieu thereof, as UC may require, and if required in either case, an affidavit that as far as it has knowledge or information, the
receipts include all the labor and materials for which a lien could be filed; but Supplier may, if any sub-supplier refuses to
furnish a release or receipt in full, furnish a bond satisfactory to UC to indemnify it against any claim by lien or otherwise. If any
lien or claim remains unsatisfied after all payments are made, Supplier will refund to UC all monies that UC may be compelled
to pay in discharging such lien or claim, including all costs and reasonable attorneys' fees.
ARTICLE 14 – PREMISES WHERE SERVICES ARE PROVIDED
A. Cleaning Up. Supplier will at all times keep UC premises where the Services are performed and adjoining premises free
from accumulations of waste material or rubbish caused by its employees or work of any of its sub-suppliers, and, at the
completion of the Services; will remove all rubbish from and about the premises and all its tools, scaffolding, and surplus
materials, and will leave the premises "broom clean" or its equivalent, unless more exactly specified. In case of dispute
between Supplier and its sub-suppliers as to responsibility for the removal of the rubbish, or if it is not promptly removed,
UC may remove the rubbish and charge the cost to Supplier.
B. Environmental, Safety, Health and Fire Protection. Supplier will take all reasonable precautions in providing the Goods and
Services to protect the health and safety of UC employees and members of the public and to minimize danger from all
hazards to life and property, and will comply with all applicable environmental protection, health, safety, and fire
protection regulations and requirements (including reporting requirements). In the event that Supplier fails to comply with
such regulations and requirements, UC may, without prejudice to any other legal or contractual rights of UC, issue an order
stopping all or any part of the provision of the Goods and/or Services; thereafter a start order for resumption of providing
the Goods and/or Services may be issued at UC’s discretion. Supplier will not be entitled to make a claim for extension of
time or for compensation or damages by reason of or in connection with such stoppage. Supplier will have sole
responsibility for the safety of all persons employed by Supplier and its sub-suppliers on UC premises, or any other person
who enters upon UC premises for reasons relating to the Agreement. Supplier will at all times maintain good order among
its employees and all other persons who come onto UC's premises at Supplier's request and will not engage any unfit or
unskilled person to provide the Goods and/or Services. Supplier will confine its employees and all other persons who come
onto UC's premises at Supplier's request or for reasons relating to the Agreement and its equipment to that portion of
UC's premises where the Services are to be provided or to roads leading to and from such work sites, and to any other area
which UC may permit Supplier to use. Supplier will take all reasonable measures and precautions at all times to prevent
injuries to or the death of any of its employees or any other person who enters upon UC premises at Supplier’s request.
Such measures and precautions will include, but will not be limited to, all safeguards and warnings necessary to protect
workers and others against any conditions on the premises that could be dangerous and to prevent accidents of any kind
whenever the Goods and/or Services are being provided in proximity to any moving or operating machinery, equipment or
facilities, whether such machinery, equipment or facilities are the property of or are being operated by, Supplier, its sub-
suppliers, UC or other persons. To the extent compliance is required, Supplier will comply with all relevant UC safety rules
and regulations when on UC premises.
C. Tobacco-free Campus. UC is a tobacco-free institution. Use of cigarettes, cigars, oral tobacco, electronic cigarettes and all
other tobacco products is prohibited on all UC owned or leased sites.
ARTICLE 15 – LIABILITY FOR UC - FURNISHED PROPERTY
Supplier assumes complete liability for any materials UC furnishes to Supplier in connection with the Agreement and Supplier
agrees to pay for any UC materials Supplier damages or otherwise is not able to account for to UC's satisfaction. UC furnishing
to Supplier any materials in connection with the Agreement will not, unless otherwise expressly provided in writing by UC, be
construed to vest title thereto in Supplier.
Revised 12 14 21 8
Terms and Conditions of Purchase
ARTICLE 16 – COOPERATION
Supplier and its sub-suppliers, if any, will cooperate with UC and other suppliers and will so provide the Services that other
cooperating suppliers will not be hindered, delayed or interfered with in the progress of their work, and so that all of such work
will be a finished and complete job of its kind.
ARTICLE 17 – ADDITIONAL TERMS APPLICABLE TO THE FURNISHING OF GOODS
The terms in this Article have special application to the furnishing of Goods:
A. Price Decreases. Supplier agrees immediately to notify UC of any price decreases from its suppliers, and to pass through to
UC any price decreases.
B. Declared Valuation of Shipments. Except as otherwise provided in the Agreement, all shipments by Supplier under the
Agreement for UC's account will be made at the maximum declared value applicable to the lowest transportation rate or
classification and the bill of lading will so note.
C. Title. Title to the Goods purchased under the Agreement will pass directly from Supplier to UC at the f.o.b. point shown, or
as otherwise specified in the Agreement, subject to UC’s right to reject upon inspection.
D. Changes. Notwithstanding the terms in Article 34, Amendments, UC may make changes within the general scope of the
Agreement in drawings and specifications for specially manufactured Goods, place of delivery, method of shipment or
packing of the Agreement by giving notice to Supplier and subsequently confirming such changes in writing. If such
changes affect the cost of or the time required for performance of the Agreement, UC and Supplier will agree upon an
equitable adjustment in the price and/or delivery terms. Supplier may not make changes without UC’s written approval.
Any claim of Supplier for an adjustment under the Agreement must be made in writing within thirty (30) days from the
date Supplier receives notice of such change unless UC waives this condition in writing. Nothing in the Agreement will
excuse Supplier from proceeding with performance of the Agreement as changed hereunder. Supplier may not alter or
misbrand, within the meaning of the applicable Federal and State laws, the Goods furnished.
E. Forced, Convict and Indentured Labor. Supplier warrants that no foreign-made Goods furnished to UC pursuant to the
Agreement will be produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. If
UC determines that Supplier knew or should have known that it was breaching this warranty, UC may, in addition to
terminating the Agreement, remove Supplier from consideration for UC contracts for a period not to exceed one year. This
warranty is in addition to any applicable warranties in Articles 6 and 11.
F. Export Control. Supplier agrees to provide UC (the contact listed on the PO) with written notification that identifies the
export-controlled Goods and such Goods’ export classification if any of the Goods is export-controlled under the
International Traffic in Arms Regulations (ITAR) (22 CFR §§ 120-130), the Export Administration Regulations (15 CFR §§
730-774) 500 or 600 series, or controlled on a military strategic goods list. Supplier agrees to provide UC (the contact listed
on the PO) with written notification if Supplier will be providing information necessary for the operation, installation
(including on-site installation), maintenance (checking), repair, overhaul, and refurbishing of the Goods that is beyond a
standard user manual (i.e. ”Use” technology as defined under the EAR 15 CFR § 772.1), or “Technical Data” (as defined
under the ITAR 22 CFR § 120.10).
ARTICLE 18 – CONFLICT OF INTEREST
Supplier affirms that, to the best of Supplier’s knowledge, no UC employee who has participated in UC’s decision-making
concerning the Agreement has an “economic interest” in the Agreement or Supplier. A UC employee’s “economic interest”
means:
A. An investment worth $2,000 or more in Supplier or its affiliate;
B. A position as director, officer, partner, trustee, employee or manager of Supplier or its affiliate;
C. Receipt during the past 12 months of $500 in income or $440 in gifts from Supplier or its affiliate; or
D. A personal financial benefit from the Agreement in the amount of $250 or more.
In the event of a change in these economic interests, Supplier will provide written notice to UC within thirty (30) days after such
change, noting such changes. Supplier will not be in a reporting relationship to a UC employee who is a near relative, nor will a
near relative be in a decision making position with respect to Supplier.
ARTICLE 19 – AUDIT REQUIREMENTS
The Agreement, and any pertinent records involving transactions relating to this Agreement, is subject to the examination and
audit of the Auditor General of the State of California or Comptroller General of the United States or designated Federal
authority for a period of up to five (5) years after final payment under the Agreement. UC, and if the underlying grant,
cooperative agreement or federal contract so provides, the other contracting Party or grantor (and if that be the United States
or an instrumentality thereof, then the Comptroller General of the United States) will have access to and the right to examine
Revised 12 14 21 9
Terms and Conditions of Purchase
Supplier’s pertinent books, documents, papers, and records involving transactions and work related to the Agreement until the
expiration of five (5) years after final payment under the Agreement. The examination and audit will be confined to those
matters connected with the performance of the Agreement, including the costs of administering the Agreement.
ARTICLE 20 – PROHIBITION ON UNAUTHORIZED USE OR DISCLOSURE OF INSTITUTIONAL INFORMATION
A. Prohibition on Access, Use and Disclosure of Institutional Information. Supplier will not access, use or disclose Institutional
Information, other than to carry out the purposes for which UC disclosed the Institutional Information to Supplier, except
as required by applicable law, or as otherwise authorized in writing by UC prior to Supplier’s disclosure. Supplier shall have
the limited right to disclose Institutional Information to Supplier’s employees provided that: (i) Supplier shall disclose only
such Institutional Information as is necessary for the Supplier to perform its obligations under this Agreement, and (ii)
Supplier informs such employees of the obligations governing the access, use and disclosure of Institutional Information
prior to Supplier’s disclosure. Supplier shall be liable for any breach of this Agreement by its employees. For avoidance of
doubt, this provision prohibits Supplier from using for its own benefit Institutional Information and any information
derived therefrom. For the avoidance of doubt, the sale of Institutional Information is expressly prohibited.
B. Compliance with Applicable Laws and Industry Best Practices. Supplier agrees to comply with all applicable state, federal,
and foreign laws, as well as industry best practices, governing the collection, access, use, disclosure, safeguarding and
destruction of Institutional Information. Supplier agrees to protect the privacy and security of Institutional Information
according to all applicable laws and industry best practices, and no less rigorously than it protects its own information, but
in no case less than reasonable care.
C. Confidential Institutional Information. Supplier agrees to hold UC’s Confidential Institutional Information, and any
information derived therefrom, in strict confidence. Confidential Institutional Information shall be defined as any
Institutional Information which is (i) marked as “Confidential” at the time of disclosure; (ii) if disclosed orally, identified at
the time of such oral disclosure as confidential, and reduced to writing as “Confidential” within thirty (30) days of such oral
disclosure; and (iii) if not marked as “Confidential,” information that would be considered by a reasonable person in the
relevant field to be confidential given its content and the circumstances of its disclosure. Confidential Information will not
be considered confidential to the extent that: (i) Supplier can demonstrate by written records was known to Supplier prior
to the effective date of the Agreement; (ii) is currently in, or in the future enters, the public domain other than through a
breach of the Agreement or through other acts or omissions of Supplier; (iii) is obtained lawfully from a third party; or (iv)
is disclosed under the California Public Records Act or legal process. For the avoidance of doubt, as applicable to Supplier’s
Services, Confidential Institutional Information may include any information that identifies or is capable of identifying a
specific individual, including but not limited to:
a. Personally identifiable information,
b. Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996
(HIPAA) and the HIPAA regulations (including, but not limited to 45 C.F.R. § 160.103),
c. Medical information as defined by California Civil Code § 56.05,
d. Cardholder data,
e. Student records, or
f. Individual financial information that is subject to laws restricting the use and disclosure of such information,
including but not limited to:
i. Article 1, Section 1 of the California Constitution; the California Information Practices Act (Civil Code §
1798 et seq.);
ii. The federal Gramm-Leach-Bliley Act (15 U.S.C. §§ 6801(b) and 6805(b)(2));
iii. The federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g);
iv. The federal Fair and Accurate Credit Transactions Act (15 U.S.C. § 1601 et seq.);
v. The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq), and
vi. Applicable international privacy laws, including, but not limited to the General Data Protection
Regulation.
D. Required Disclosures of Institutional Information. If Supplier is required by a court of competent jurisdiction or an
administrative body to disclose Institutional Information, Supplier will notify UC in writing immediately upon receiving
notice of such requirement and prior to any such disclosure (unless Supplier is prohibited by law from doing so), to give UC
an opportunity to oppose or otherwise respond to such disclosure. To the extent Supplier still required to disclose
Institutional Information, Supplier will furnish only that portion that is legally required and will exercise all reasonable
efforts to obtain reliable assurance that confidential treatment will be afforded to any Confidential Institutional
Information.
E. No Offshoring. Supplier’s transmission, transportation or storage of Institutional Information outside the United States, or
access of Institutional Information from outside the United States, is prohibited except with prior written authorization by
UC.
Revised 12 14 21 10
Terms and Conditions of Purchase
F. Conflict in Terms. UC’s Appendix – Data Security, Appendix – BAA, and/or Appendix GDPR will control in the event that one
or more appendices is incorporated into the Agreement and conflicts with the provisions of this Article.
G. Acknowledgement. Supplier acknowledges that remedies at law would be inadequate to protect UC against any actual or
threatened breach of this Section by Supplier, and, without prejudice to any other rights and remedies otherwise available
to UC, Supplier agrees to the granting of injunctive relief in UC’s favor without proof of actual damages.
ARTICLE 21 – UC WHISTLEBLOWER POLICY
UC is committed to conducting its affairs in compliance with the law, and has established a process for reporting and
investigating suspected improper governmental activities. Please visit http://www.ucop.edu/uc-whistleblower/ for more
information.
ARTICLE 22 – SUSTAINABLE PROCUREMENT GUIDELINES
Supplier will conduct business using environmentally, socially, and economically sustainable products and services (defined as
products and services with a lesser or reduced effect on human health and the environment, and which generate benefits to
the University as well as to society and the economy, while remaining within the carrying capacity of the environment), to the
maximum possible extent consistent with the Agreement, and with the University of California Sustainable Practices Policy
(https://policy.ucop.edu/doc/3100155) and the University of California Sustainable Procurement Guidelines:
https://www.ucop.edu/procurement-services/for-ucstaff/sustainable-procurement/sustainableprocurementguidelines.pdf
In accordance with the University of California Sustainable Practices Policy, Supplier will adhere to the following requirements
and standards, as applicable. Supplier acknowledges that failure to comply with any of the sustainability standards and
requirements in the Agreement will constitute a material breach of the Agreement and UC will have the right to terminate the
Agreement without damage, penalty, cost or further obligation.
A. Sustainability Marketing Standards. Supplier sustainability related claims, where applicable, must meet UC recognized
certifications and standards set forth in the UC Sustainable Procurement Guidelines and/or meet the standards of Federal
Trade Commission’s (FTC) Green Guides.
B. Electronic Transfer of Supplier Information. Suppliers, when interacting with the UC, shall be prohibited from providing
hard copies of presentations, marketing material, or other informational materials. Suppliers will be required to present all
information in electronic format that is easily transferable to UC staff. Materials may be provided in hard copy or physical
format if specifically required or requested by a UC representative.
C. Packaging Requirements. All packaging must be compliant with the Toxics in Packaging Prevention Act (AB 455) and must
meet all additional standards and requirements set forth in the UC Sustainable Practices Policy. In addition, UC requires
that all packaging meet at least one of the criteria listed below:
a. Uses bulk packaging;
b. Uses reusable packaging (e.g. totes reused by delivery service for next delivery);
c. Uses innovative packaging that reduces the weight of packaging, reduces packaging waste, or utilizes packaging
that is a component of the product;
d. Maximizes recycled content and/or meets or exceeds the minimum post-consumer content level for packaging in
the U.S. Environmental Protection Agency Comprehensive Procurement Guidelines;
e. Uses locally recyclable or certified compostable material.
D. Foodservice Foam Ban. As of 2018, the University no longer allows packaging foam or expanded polystyrene (EPS) for
takeaway containers or other food service items, in any University-owned or -operated food service facility.
E. Product Packaging Foam Ban. Beginning January 1st, 2020, the University will prohibit all contracted and non-contracted
suppliers from selling or distributing packaging foam (other than that utilized for laboratory supply or medical packaging)
to UC campuses. Packaging foam is defined as any open or closed cell, solidified, polymeric foam used for cushioning or
packaging, including but not limited to: low-density polyethylene foam, polypropylene foam, polystyrene foam (i.e.
expanded polystyrene (EPS)), polyurethane foam, polyethylene foam, polyvinyl chloride (PVC) foam, and microcellular
foam. Not included in this ban are easily biodegradable, plant-based foams such as those derived from corn or
mushrooms.
F. E-Waste Recycling Requirements. All recyclers of UC electronic equipment must be e-Steward certified by the Basel Action
Network (BAN).
G. Hosted and Punch-out Catalog Requirements. Suppliers enabled with eProcurement hosted catalog functionality must
clearly identify products with UC-recognized certifications, as defined by the UC Sustainable Procurement Guidelines, in
both hosted and punch-out catalog e-procurement environments.
ARTICLE 23 – PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA) EMPLOYER SHARED RESPONSIBILITY
If the Services involve Supplier furnishing UC with temporary or supplementary staffing, Supplier warrants that:
Revised 12 14 21 11
Terms and Conditions of Purchase
A. If Supplier is an Applicable Large Employer (as defined under Treasury Regulation Section 54.4980H-1(a)(4)):
a. Supplier offers health coverage to its full-time employees who are performing Services for UC;
b. Supplier’s cost of enrolling such employees in Supplier’s health plan is factored into the fees for the Services; and
c. The fees for the Services are higher than what the Services would cost if Supplier did not offer health coverage to
such full-time employees.
B. If Supplier is not an Applicable Large Employer (as defined above):
a. Supplier offers group health coverage to its full-time employees who are performing Services for UC and such
coverage is considered Minimum Essential Coverage (as defined under Treasury Regulation Section 1-5000A-2)
and is Affordable (as defined under Treasury Regulation Section 54.4980H-5(e)); or
b. Supplier’s full-time employees who are performing services for UC have individual coverage and such coverage
satisfies the PPACA requirements for mandated individual coverage.
C. Supplier acknowledges that UC is relying on these warranties to ensure UC’s compliance with the PPACA Employer Shared
Responsibility provision.
ARTICLE 24 - PREVAILING WAGES
Unless UC notifies Supplier that the Services are not subject to prevailing wage requirements, Supplier will comply, and will
ensure that all sub-suppliers comply, with California prevailing wage provisions, including but not limited to those set forth in
Labor Code sections 1770, 1771, 1771.1, 1772, 1773, 1773.1, 1774, 1775, 1776, 1777.5, and 1777.6. For purposes of the
Agreement, the term “sub-supplier” means a person or firm, of all tiers, that has a contract with Supplier or with a sub-supplier
to provide a portion of the Services. The term sub-supplier will not include suppliers, manufacturers, or distributors.
Specifically, and not by way of limitation, if apprenticable occupations are involved in providing the Services, Supplier will be
responsible for ensuring that Supplier and any sub-suppliers comply with Labor Code Section 1777.5. Supplier and sub-supplier
may not provide the Services unless currently registered and qualified to perform public work pursuant to Labor Code Section
1725.5 and 1771.1. Notwithstanding the foregoing provisions, Supplier will be solely responsible for tracking and ensuring
proper payment of prevailing wages regardless if Services are partially or wholly subject to prevailing wage requirements. In
every instance, Supplier will pay not less than the UC Fair Wage (defined as $13 per hour as of 10/1/15, $14 per hour as of
10/1/16, and $15 per hour as of 10/1/17) for Services being performed at a UC Location (defined as any location owned or
leased by UC).
The California Department of Industrial Relations (DIR) has ascertained the general prevailing per diem wage rates in the
locality in which the Services are to be provided for each craft, classification, or type of worker required to provide the Services.
A copy of the general prevailing per diem wage rates will be on file at each UC Location’s procurement office, and will be made
available to any interested party upon request. Supplier will post at any job site:
A. Notice of the general prevailing per diem wage rates, and
B. Any other notices required by DIR rule or regulation
By this reference, such notices are made part of the Agreement. Supplier will pay not less than the prevailing wage rates, as
specified in the schedule and any amendments thereto, to all workers employed by Supplier in providing the Services. Supplier
will cause all subcontracts to include the provision that all sub-suppliers will pay not less than the prevailing rates to all workers
employed by such sub-suppliers in providing the Services. The Services are subject to compliance monitoring and enforcement
by the DIR. Supplier will forfeit, as a penalty, not more than $200 for each calendar day or portion thereof for each worker that
is paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any
portion of the Services provided by Supplier or any sub-supplier. The amount of this penalty will be determined pursuant to
applicable law. Such forfeiture amounts may be deducted from the amounts due under the Agreement. If there are insufficient
funds remaining in the amounts due under the Agreement, Supplier will be liable for any outstanding amount remaining due.
Supplier will also pay to any worker who was paid less than the prevailing wage rate for the work or craft for which the worker
was employed for any portion of the Services, for each day, or portion thereof, for which the worker was paid less than the
specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage
rate and the amount which was paid to the worker. Review of any civil wage and penalty assessment will be made pursuant to
California Labor Code section 1742.
ARTICLE 25 – FAIR WAGE/FAIR WORK
If the Agreement is for Services that will be performed at one or more UC Locations, does not solely involve furnishing Goods,
and are not subject to extramural awards containing sponsor-mandated terms and conditions, Supplier warrants that it is in
compliance with applicable federal, state and local working conditions requirements, including but not limited to those set
forth in Articles 11, 12 and 14 herein, and that Supplier pays its employees performing the Services no less than the UC Fair
Revised 12 14 21 12
Terms and Conditions of Purchase
Wage. Supplier agrees UC may conduct such UC Fair Wage/Fair Work interim compliance audits as UC reasonably requests, as
determined in UC’s sole discretion. Supplier agrees to post UC Fair Wage/Fair Work notices, in the form supplied by UC, in
public areas (such as break rooms and lunch rooms) frequented by Supplier employees who perform Services.
For Services rendered (actual spend) not subject to prevailing wage requirements in excess of $100,000 in a year (under the
Agreement or any combination of agreements for the same service), Supplier will
a. At Supplier’s expense, provide an annual independent verification (https://www.ucop.edu/procurement-services/for-
suppliers/fwfw-resources-suppliers.html) performed by a licensed public accounting firm (independent accountant)
or the Supplier’s independent internal audit department (http://na.theiia.org/standards-
guidance/topics/Pages/Independence-and-Objectivity.aspx) in compliance with UC’s required verification standards
and procedures (https://www.ucop.edu/procurement-services/for-suppliers/fwfw-resources-suppliers.html),
concerning Supplier’s compliance with this provision, and
b. Ensure that in the case of a UC interim audit, its independent accountant/independent internal auditor makes
available to UC its work papers for UC Fair Wage/Fair Work for the most recent verification period. Supplier agrees to
provide UC with a UC Fair Wage/Fair Work verification annually, in a form acceptable to UC, no later than ninety days
after the end of the 12-month period in which $100,000 in spend is reached.
The Fair Wage Fair Work annual independent verification requirement does not extend to contracts for professional services or
consulting for which pre-certification has been provided to UC (https://www.ucop.edu/procurement-services/for-
suppliers/fwfw-resources-suppliers.html). Please see the UC Procurement/Supply Chain Management Policy BUS-43
(https://www.ucop.edu/procurement-services/policies-forms/business-and-finance/index.html) for the definition of
professional services and consulting.
ARTICLE 26 – MEDICAL DEVICES
This Article applies when the Goods and/or Services involve UC purchasing or leasing one or more medical devices from
Supplier, or when Supplier uses one or more medical devices in providing Goods and/or Services to UC.
Medical Device as used herein will have the meaning provided by the U.S. Food and Drug Administration (“FDA”) and means an
instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including
a component part, or accessory which is:
a. Recognized in the official National Formulary, or the United States Pharmacopoeia, or any supplement to them;
b. Intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of
disease, in humans or other animals, or
c. Intended to affect the structure or any function of the body of humans or other animals, and which does not achieve
any of its primary intended purposes through chemical action within or on the body of humans or other animals and
which is not dependent upon being metabolized for the achievement of any of its primary intended purposes.
Supplier warrants that prior to UC’s purchase or lease of any Medical Device or Supplier’s use of any Medical Device in
providing Goods and/or Services hereunder, Supplier will:
a. Perform security testing and validation for each such Goods and/or Services or Medical Device, as applicable;
b. Perform security scans to detect malware on any software embedded within any Goods and/or Services or Medical
Device, as applicable, in order to verify that the software does not contain any known malware;
c. Conduct a vulnerability scan encompassing all ports and fuzz testing; and
d. Provide UC with reports for a-c. Supplier warrants that all Goods or Medical Devices are compliant with FDA’s most
current guidance or regulation for the quality system related to the cybersecurity and the Management of
Cybersecurity in Medical Devices, and that Supplier will maintain compliance with any updates to such guidance or
regulations.
Throughout Supplier’s performance of this Agreement, Supplier will provide UC with reasonably up-to-date patches, firmware
and security updates for any Medical Device provided to UC, and any other Medical Device used in the course of providing
Services, as applicable. All such patches and other security updates will be made available to UC within thirty (30) days of its
commercial release or as otherwise recommended by Supplier or Supplier’s sub-supplier, whichever is earlier.
Supplier warrants that all software and installation media not specifically required for any Medical Device used by Supplier or
Goods and/or Services delivered to UC under this Agreement as well as files, scripts, messaging services and data will be
Revised 12 14 21 13
Terms and Conditions of Purchase
removed from all such Goods and/or Services or Medical Device following installation, and that all hardware ports and drivers
not required for use or operation of such Goods and/or Services or Medical Device will be disabled at time of installation. In
addition, Medical Devices must be configured so that only Supplier-approved applications will run on such Medical Devices.
Supplier agrees that UC may take any and all actions that it, in its sole discretion, deems necessary to address, mitigate and/or
rectify any real or potential security threat, and that no such action, to the extent such action does not compromise device
certification, will impact, limit, reduce or negate Supplier’s warranties or any of Supplier’s other obligations hereunder.
Supplier warrants that any Medical Device provided to UC, and any other Medical Device used in the course of providing such
Goods and/or Services, meet and comply with all cyber-security guidance and similar standards promulgated by the FDA and
any other applicable regulatory body.
If the Goods and/or Services entail provision or use of a Medical Device, Supplier will provide UC with a completed
Manufacturer Disclosure Statement for Medical Device Security (MDS2) form for each such Medical Device before UC is
obligated to purchase or lease such Medical Device or prior to Supplier’s use of such device in its performance of Services. If
Supplier provides an MDS2 form to UC concurrently with its provision of Goods and/or Services, UC will have a reasonable
period of time to review such MDS2 form, and if the MDS2 form is unacceptable to UC, then UC in its sole discretion may return
the Goods or terminate the Agreement with no further obligation to Supplier.
ARTICLE 27 – FORCE MAJEURE
Neither Party shall be deemed to be in default of or to have breached any provision of this Agreement due to a delay, failure in
performance or interruption of service, if such performance or service are impossible to execute, illegal or commercially
impracticable, because of the following “force majeure” occurrences: acts of God, acts of civil or military authorities, civil
disturbances, wars, strikes or other labor disputes, transportation contingencies, freight embargoes, acts or orders of any
government or agency or official thereof, earthquakes, fires, floods, unusually severe weather, epidemics, pandemics,
quarantine restrictions and other catastrophes or any other similar occurrences beyond such party’s reasonable control. In
every case, the delay or failure in performance or interruption of service must be without the fault or negligence of the Party
claiming excusable delay and the Party claiming excusable delay must promptly notify the other Party of such delay.
Performance time under this Agreement shall be considered extended for a period of time equivalent to the time lost because
of the force majeure occurrence; provided, however, that if any such delay continues for a period of more than thirty (30) days,
UC shall have the option of terminating this Agreement upon written notice to Supplier.
ARTICLE 28 – ASSIGNMENT AND SUBCONTRACTING
Except as to any payment due hereunder, Supplier may not assign or subcontract the Agreement without UC’s written consent.
In case such consent is given, the assignee or subcontractor will be subject to all of the terms of the Agreement.
ARTICLE 29 – NO THIRD-PARTY RIGHTS
Nothing in the Agreement, express or implied, is intended to make any person or entity that is not a signer to the Agreement a
third-party beneficiary of any right created by this Agreement or by operation of law.
ARTICLE 30 – OTHER APPLICABLE LAWS
Any provision required to be included in a contract of this type by any applicable and valid federal, state or local law, ordinance,
rule or regulations will be deemed to be incorporated herein.
ARTICLE 31 – NOTICES
A Party must send any notice required to be given under the Agreement by overnight delivery or by certified mail with return
receipt requested, to the other Party’s representative at the address specified by such Party.
ARTICLE 32 – SEVERABILITY
If a provision of the Agreement becomes, or is determined to be, illegal, invalid, or unenforceable, that will not affect the
legality, validity or enforceability of any other provision of the Agreement or of any portion of the invalidated provision that
remains legal, valid, or enforceable.
ARTICLE 33 – WAIVER
Revised 12 14 21 14
Terms and Conditions of Purchase
Waiver or non-enforcement by either Party of a provision of the Agreement will not constitute a waiver or non-enforcement of
any other provision or of any subsequent breach of the same or similar provision.
ARTICLE 34 – AMENDMENTS
The Parties may make changes in the Goods and/or Services or otherwise amend the Agreement, but only by a writing signed
by both Parties’ authorized representatives. In the event there is a Material Change to the Agreement, the parties agree to
meet and confer in good faith in order to modify the terms of the Agreement. A Material Change as used herein refers to:
a. A change to the scope of Goods and/or Services to be provided by Supplier, as agreed to by UC;
b. A change in the Institutional Information Supplier is required to create, receive, maintain or transmit in performance
of the Agreement, such that the Protection Level Classification of such Institutional Information changes;
c. Changes in the status of the parties;
d. Changes in flow down terms from external parties; and
e. Changes in law or regulation applicable to this Agreement.
Each party shall notify the other party upon the occurrence of a Material Change.
ARTICLE 35 – GOVERNING LAW AND VENUE
California law will control the Agreement and any document to which it is appended. The exclusive jurisdiction and venue for
any and all actions arising out of or brought under the Agreement is in a state court of competent jurisdiction, situated in the
county in the State of California in which the UC Location is located or, where the procurement covers more than one UC
Location, the exclusive venue is Alameda County, California.
ARTICLE 36 – ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS
Supplier will make itself and its employees, subcontractors, or agents assisting Supplier in the performance of its obligations
reasonably available to UC at no cost to UC to testify as witnesses, or otherwise, in the event of investigations, or proceedings
against UC, its directors, officers, agents, or employees relating to the Goods or Services.
ARTICLE 37 – SUPPLIER TERMS
Any additional terms that Supplier includes in an order form or similar document will be of no force and effect, unless UC
expressly agrees in writing to such terms.
ARTICLE 38 – SURVIVAL CLAUSE
Upon expiration or termination of the Agreement, the following provisions will survive: WARRANTIES; INTELLECTUAL
PROPERTY, COPYRIGHT, PATENTS, AND DATA RIGHTS; INDEMNITY AND LIABILITY; USE OF UC NAMES AND TRADEMARKS;
LIABILITY FOR UC-FURNISHED PROPERTY; COOPERATION; TERMS APPLICABLE TO THE FURNISHING OF GOODS; AUDIT
REQUIREMENTS; PROHIBITION ON UNAUTHORIZED USE OR DISCLOSURE OF INSTITUTIONAL INFORMATION; GOVERNING LAW
AND VENUE, and, to the extent incorporated into the Agreement, the terms of the APPENDIX–DATA SECURITY, APPENDIX–BAA,
and/or APPENDIX-GDPR.
ARTICLE 39 – CONTRACTING FOR COVERED SERVICES
Covered Services, for the purpose of this Agreement, are defined as work customarily performed by employees in the American
Federation of State, County, and Municipal Employees (AFSCME) Patient Care Technical (EX) and Service (SX) bargaining units.
Covered Services include, but are not necessarily limited to, the following services: cleaning, custodial, janitorial, or
housekeeping services; food services; laundry services; grounds keeping; building maintenance (excluding skilled crafts);
transportation and parking services; security services; billing and coding services; sterile processing; hospital or nursing
assistant services; and medical imaging or other medical technician services.
Unless UC notifies Supplier that the Services are not Covered Services, Supplier warrants that it is in compliance with applicable
federal, state and local working conditions requirements, including but not limited to those set forth in in other Articles of the
Agreement. In accordance with Regents Policy 5402 and Article 5 of the AFSCME EX and SX Collective Bargaining Agreements,
Supplier also warrants that it pays its employees performing the Covered Services at UC locations the equivalent value of the
wages and benefits – as determined in the Wage and Benefit Parity Appendix – received by UC employees providing similar
services at the same, or nearest UC location.
Revised 12 14 21 15
Terms and Conditions of Purchase
Supplier shall be prepared to report to UC the total hours worked by each employee or contract worker (collectively the
“Worker”) who performed services on behalf of Supplier pursuant to this Agreement. Upon request Supplier shall report each
worker’s name and hours worked providing covered services to UC. Failure to comply with the wages or reporting requirements
of this clause will be considered a breach of this Agreement.
Supplier fully acknowledges that should any Worker work (i) 1,000 hours in a rolling twelve (12) month period; or (ii) 35% time
over a rolling thirty-six (36) month period on behalf of Supplier pursuant to this Agreement, that Worker will be deemed a
“qualified individual” (“QI”) and will be eligible for UC employment. Supplier acknowledges and agrees that should UC make an
offer of employment to any QI, and/or if the Worker accepts employment with UC, UC will not be in breach of this Agreement
or in violation of any other legal obligation it has to Supplier.
Upon UC’s request, Supplier also agrees to provide verification of an independent audit of wage and benefit parity compliance.
This audit must be performed by Supplier’s independent auditor or independent internal audit department and at Supplier’s
expense. Supplier agrees to provide UC requested verification, in a form acceptable to UC, no later than ninety days after
receiving request.
Revised 12 14 21 16
Sustainable Procurement
Guidelines
Revised 10.15.2021 Page 1 of 39
Table of Contents
1. Glossary ........................................................................................................................................................................ 3
2. Introduction.................................................................................................................................................................. 6
3. Document Guide ........................................................................................................................................................ 6
4. Reporting ...................................................................................................................................................................... 6
5. Green Spend Overview ............................................................................................................................................ 7
Category Criteria............................................................................................................................................................................................. 7
Category Scope............................................................................................................................................................................................... 7
Category Specifications .............................................................................................................................................................................. 7
Category Timeline .......................................................................................................................................................................................... 8
6. Product Category Guidance .................................................................................................................................. 9
Appliances & IT Hardware ........................................................................................................................................................................ 9
Cleaning and Janitorial Supplies........................................................................................................................................................ 11
Flooring.............................................................................................................................................................................................................. 13
Food and Beverages ................................................................................................................................................................................. 18
Foodware ......................................................................................................................................................................................................... 19
Indoor Furniture ................................................................................................................................................................................. 21
Lighting .............................................................................................................................................................................................................. 24
Office Supplies .............................................................................................................................................................................................. 25
Water Appliances and Fixtures ........................................................................................................................................................... 27
7. Universal Guidance for all Products ................................................................................................................ 28
Chemicals of Concern Specifications.............................................................................................................................................. 28
Packaging Specifications........................................................................................................................................................................ 28
Foam Ban Guidance ................................................................................................................................................................................. 29
8. Economically and Socially Responsible Spend .......................................................................................... 31
EaSR Spend Criteria ................................................................................................................................................................................. 31
9. Best Practices for Procurement Services ...................................................................................................... 33
10. Approval Procedure Updates and Changes.................................................................................................. 34
Change Log .................................................................................................................................................................................................... 34
11. Appendices ................................................................................................................................................................ 35
The “Dollar not Spent” and Green Spend ..................................................................................................................................... 35
Sustainable Spend ..................................................................................................................................................................................... 39
Revised 10.15.2021 Page 2 of 39
1. Glossary
All definitions below are adopted from the UC Sustainable Practices Policy, BUS-43 or UC’s Electronic
Commerce Appendix, unless otherwise noted. For additional procurement policies, procedures and definitions,
refer to BUS-43.
Addressable Spend: Spend that can be impacted through sourcing activities. For the purposes of this policy,
addressable spend relates to the spend within a specific product or service category.
Best Value: The most advantageous balance of price, quality, service, performance, and other elements as
defined by the University, achieved through methods in accordance with Public Contract Code Section 10507.8
and determined by objective performance criteria that may include price, features, long-term functionality, life-
cycle costs, overall sustainability, required services, and the reduction of overall operating costs included in the
proposal.
Catalog: Refers to the list of detailed product information, agreement pricing, manufacturer part numbers
and/or service descriptions relating to the Goods and/or Services to be offered either as a Punch-out Catalog,
a Hosted Catalog or in a combination. See definitions for Hosted Catalog and Punch-out Catalog for more
information.
Commodity Manager: A manager or buyer assigned responsibility on a university-wide basis for coordinating
standards and specification development covering specific commodities, or groups of commodities. A
Commodity Manager develops a commodity strategy and leads a team with representation from Locations on
the development of the initiative plan, the research for developing product specifications, creation of the
Request for Proposal documents, and then leads the team through the bidding and award processes. The
Commodity Manager at the Office of the President also manages the resulting Systemwide agreement(s) on
an ongoing basis.
[Procurement] Contract: A fully executed (signed by both parties) legally binding agreement for the
procurement of goods and/or services by the University that defines performance standards, scope of work,
and complex terms associated with the purchase of a good or service.
Criteria: Element(s) included in the qualitative and price/cost factors for bid evaluation.
Economically and Socially Responsible (EaSR) Spend: Spend on products or services supplied by a
business holding one of the UC-recognized certifications listed in the UC Sustainable Procurement Guidelines.
Environmentally Preferable: Designation for those products whose manufacture, use, and disposal results in
relatively less environmental harm than comparable products. This definition is provided for clarification within
the Guidelines and is not defined within other UC policy.
eProcurement: eProcurement and eCommerce are used interchangeably to mean UC’s electronic web-based
purchasing and catalog systems. Each campus has a branded eProcurement site.
Expanded Polystyrene (EPS): As defined by the City of San Francisco, blown polystyrene and expanded and
extruded foams, which are thermoplastic petrochemical materials utilizing a styrene monomer and processed
by any number of techniques including but not limited to, fusion of polymer spheres (expanded bead
polystyrene), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene).
Full Time Equivalent (FTE): A full-time equivalent employee is the hours worked by one employee on a full-
time basis and can be used to convert the hours worked by several part-time employees into the hours worked
by full-time employees. A full-time employee is assumed to work 40 hours in a standard week.
Revised 10.15.2021 Page 3 of 39
Hosted Catalog: A Catalog that is a properly formatted computer file supplied to UC campuses through the
campuses’ respective eProcurement systems.
LEEDTM: Leadership in Energy and Environmental Design. LEED is a registered trademark of the U.S. Green
Building Council (USGBC). This trademark applies to all occurrences of LEED in this document. LEED is a
green building rating system developed and administered by the non-profit U.S. Green Building Council. The
four levels of LEED certification, from lowest to highest, are Certified, Silver, Gold, and Platinum. LEED has
several rating systems. The UC Sustainable Practices Policy refers to the following rating systems:
LEED for Interior Design and Construction (LEED-ID+C) for renovation projects,
LEED for Building Operations and Maintenance (LEED-O+M) for the ongoing operational and
maintenance practices in buildings, and
LEED for Building Design and Construction (LEED-BD+C) for new buildings and major renovations
of existing buildings.
Market Basket: A representative sample of goods and services made available to staff for purchasing that
focuses on the top 80% of overall spend over a 12-month period.
Packaging Foam: Any open or closed cell, solidified, polymeric foam used for cushioning or packaging,
including but not limited to: Ethylene-vinyl acetate (EVA) foam, Low-density polyethylene (LDPE) foam,
Polychloroprene foam (Neoprene), Polypropylene (PP) foam, Polystyrene (PS) foam (including expanded
polystyrene (EPS), extruded polystyrene foam (XPS) and polystyrene paper (PSP), Polyurethane (PU) foams,
Polyethylene foams, Polyvinyl chloride (PVC) foam, and Microcellular foam. Not included are easily
biodegradable, plant-based foams such as those derived from corn or mushrooms.
Policy Exception Authority: The responsible authority for granting exceptions to items III.G.5.a. and V.G.7. in
the Sustainable Procurement sections of the UC Sustainable Practices Policy will be the Chief Procurement
Officer for a non-UC Health Systemwide or Office of the President contract; the AVP, UC Health Procurement
for a UC Health Systemwide contract; and otherwise, the Procurement/Supply Chain Director of the campus,
medical center, or Laboratory. This definition is provided for clarification within the Guidelines and is adapted
from the definition in BFB-BUS-43 Purchases of Goods and Services; Supply Chain Management.
Preferred Level Green Spend: Spend on products meeting the UC Preferred Level of environmental
sustainability criteria as laid out in the Product Category Guidance section of the UC Sustainable Procurement
Guidelines.
Punch-Out Catalog: A Catalog hosted by a Supplier on its Supplier Site. Users may access this Punch-out
Catalog via an Internet link provided by Supplier that redirects a User from the campus eProcurement system
to the Supplier Site. Supplier Site means an internet site operated and maintained by Supplier that has been
made subject to the UC Electronic Commerce Appendix.
Required Level Green Spend: Spend on products meeting the UC minimum Required Level of environmental
sustainability criteria as laid out in the Product Category Guidance section of the UC Sustainable Procurement
Guidelines.
Specifications: These should contain descriptions which are adequate to obtain competition, ensure
responsive quotations, provide the same information to all competing suppliers, and, to the fullest extent
practicable, do not favor one brand, trade name, article, manufacturer, or supplier over others.
Supplier: A Supplier is a service provider, contractor, vendor, or other entity entering into a contract or
subcontract directly or indirectly with UC.
Revised 10.15.2021 Page 4 of 39
Sustainable Practices Policy: Refers to the University of California Sustainable Practices Policy, governed by
the UC Sustainability Steering Committee. This definition is provided for clarification within the Guidelines and
is not defined within other UC policy.
Sustainable Procurement: [Modified from the UK Government’s Sustainable Procurement Task Force (2012)]
Purchasing that considers the economic, environmental, and socially responsible requirements of an entity’s
spending. Sustainable Procurement allows organizations to procure their goods and services in a way that
achieves value for money on a whole-life basis in terms of generating benefits not only to the organization, but
also to society and the economy, while remaining within the carrying capacity of the environment.
Sustainable Procurement Working Group (SPWG): The working group charged with improving the
integration of sustainable principles and practices into UC Procurement. The SPWG recommends changes to
this document for review by the UC Procurement Leadership Council and recommends changes to the UC
Sustainable Practices Policy for review by both the UC Procurement Leadership Council and UC Sustainability
Steering Committee. This definition is provided for clarification within the Guidelines and is not defined within
the UC Sustainable Practices Policy.
Total Cost of Ownership (TCO): An analysis of cost that considers not only purchase price, but also any
costs associated with the acquisition, use, and disposal of the product. These costs may include some or all
the following: freight, taxes and fees, installation, operation/energy use, maintenance, warranty, collection,
end-of-life disposal or recycling, as well as social or environmental costs, such as the cost of purchasing
pollution offsets or monitoring labor practices.
UC Procurement Leadership Council (PLC): The Procurement Leadership Council is a shared governance
body composed of 11 voting members (the Systemwide CPO and the 10 Campus CPO/Procurement
Directors) and 3 non-voting members from the Systemwide procurement function (Strategic Sourcing,
Analytics & Systems, and the Program Management Office/Chief of Staff). The PLC exists to continuously
improve UC supply chains through innovation and collaboration.
UC Sustainability Steering Committee: The UC systemwide committee charged with overseeing updates to
and progress against the UC Sustainable Practices Policy. This definition is provided for clarification within the
Guidelines and is not defined within the UC policy.
Revised 10.15.2021 Page 5 of 39
2. Introduction
The University of California’s Sustainable Procurement Guidelines (Guidelines) lay out the minimum
sustainability requirements for products and services purchased by the University of California and identify
those product attributes that are strongly preferred, if not mandatory.
The University of California’s Sustainable Procurement Guidelines act as a companion to the Sustainable
Procurement Policy and Procedure Sections of the UC Sustainable Practices Policy.
In general terms, the UC Sustainable Practices Policy outlines the University’s targets for sustainable
procurement as well as requirements for UC sustainable procurement practices, that is, the activities of
University of California buyers as they relate to sustainable procurement. This Guidelines document outlines
what the University considers to be sustainable at the product, product category, service, or industry level.
The UC Sustainable Practices Policy prioritizes waste reduction in the following order: reduce, reuse, and then
recycle. Accordingly, sustainable procurement should look to reduce unnecessary purchasing first, then
prioritize purchase of surplus or multiple use products, before looking at recyclable, compostable, or otherwise
sustainable products.
3. Document Guide
These Guidelines are intended to be used by the following parties, for the following purposes:
1. University of California Office of the President Strategic Sourcing Centers of Excellence (i.e.,
commodity managers) and University Campus Procurement Services and Supply Chain Management
Departments (i.e., commodity managers, buyers).
a. To educate personnel purchasing on behalf of the University on Required and Preferred Green
(environmentally) and Economically and Socially Responsible (EaSR) sustainability criteria to
be included in bid specifications and reporting.
b. To negotiate better pricing for products and services meeting the criteria described throughout
these Guidelines and the Sustainable Practices Policy over traditional products and services,
where opportunities exist.
c. To develop language and bid specifications stating that product and service offerings meeting
the criteria described in these Guidelines will be required where they exist.
2. Department Level Buyers
a. To educate personnel purchasing on behalf of the University on Required and Preferred
environmental (Green) and Economically and Socially Responsible (EaSR) sustainability criteria
when making purchasing decisions.
4. Reporting
Reporting will be required in line with the University of California sustainable purchasing targets and reporting
requirements as outlined in the Sustainable Practices Policy (see III. Policy Text, G. Sustainable Procurement;
V. Procedures, G. Sustainable Procurement). Reporting will be based on the percentage of spend in each of
the following categories out of the total addressable spend in that category. Reporting will commence by
product or service category based on instruction in the sections below.
1. Green (environmentally preferable) Spend
2. Economically and Socially Responsible (EaSR) Spend
Revised 10.15.2021 Page 6 of 39
5. Green Spend Overview
Required Level Green Spend is defined as spend on products meeting the UC minimum Required Level of
environmental sustainability criteria as outlined in the Product Category Guidance section.
Preferred Level Green Spend is defined as spend on products meeting the UC Preferred Level of
environmental sustainability criteria as outlined in the Product Category Guidance section. The percentage of
Preferred Level Green Spend is calculated using the following methodology, for a given product category over
a particular time period:
Total spend on items meeting Preferred Level criteria in a given product category
( ) × 100
Total Addressable Spend in a given category
For example, the percent Green Spend calculation for EPEAT®-eligible electronics for Fiscal Year 16/17 is:
Total spend on EPEAT® Gold registered electronics during FY 16/17
( ) × 100
Total spend on EPEAT®-eligible electronics categories during FY 16/17
In addition to the above calculations, campuses may also calculate the “Dollar not Spent” to add to their overall
Green Spend percentage. Please note that calculating the “Dollar not Spent” for an individual campus is
optional and not required as part of a campus’ annual Green Spend reporting. Please see Appendices – The
Dollar not Spent and Green Spend to find more information on the various allowable methodologies to
calculate the “Dollar not Spent.”
Category Criteria
The following pages outline the environmental sustainability criteria the University uses to define a given
product category as environmentally preferable for purposes of identifying products in Hosted and Punch-out
Catalogs, and for calculating and reporting on Green Spend.
Recognized Certifications - These are reputable third-party certifications UC recognizes as identifying
products that may have a reduced impact on humans and/or the environment. At campus discretion,
products with these certifications may be flagged as “light green” in Hosted and Punch-out Catalogs.
Required Level - These are the minimum mandatory requirements for each product category, which
should be included in all relevant bid solicitations. Products and services that fall into the product
categories listed below but do not meet these minimum requirements shall not be listed in UC product
Catalogs except at the express request of a campus. Products in each category must meet all Required
Level criteria listed, unless otherwise noted.
Preferred Level - Preferred Level criteria are used for calculating Green Spend. The University is
required to reach a minimum of 25% Green Spend, unless noted otherwise, as a total percentage of
spend per product category within three fiscal years after a category is added to the Guidelines. At
campus discretion, products meeting these criteria may be labeled as “dark green” in Hosted and
Punch-out Catalogs, and shall be given preference during evaluation in all relevant bid opportunities,
where prices are comparable (based on a total cost of ownership assessment) and consistent with the
needs of University researchers, faculty, and staff. Products must meet all applicable Required Level
criteria to qualify for Preferred Level criteria.
Category Scope
A complete list of all the products covered under each category is listed or linked to in each category section.
Category Specifications
These additional specifications should be used during bid solicitations, contracting and as a reference when
making department purchases. Minimum requirements for each product category are outlined in the third
Revised 10.15.2021 Page 7 of 39
column of each category table. The items below are recommended for inclusion in Best Value bids. Other than
those items referred to in Policy or Guidelines as mandatory, project teams need to determine which of the
category specifications will be mandatory and preferred during the RFP development phase.
Category Timeline
This section outlines when product category guidance is added to the Guidelines, or updated, and when
associated Green Spend goal(s) should be achieved. This is typically three (3) years from time added. For
example, if a category is added to the Guidelines in June 2018, spend in that category should reach the 25%
Green Spend target and minimum requirement standards no later than June 2021.
Revised 10.15.2021 Page 8 of 39
6. Product Category Guidance
Appliances & IT Hardware
Green Spend Criteria
Recognized Required Level Preferred Level Examples of Products
Certifications and (minimum mandatory in this Category
Standards requirements)
ENERGY STAR ® ENERGY STAR® ENERGY STAR® Data center equipment,
dishwashers, refrigerators,
heating/cooling appliances,
ULT freezers, vending
machines
EPEAT® EPEAT® Bronze EPEAT® Gold or highest Computers, monitors,
available EPEAT® label for printers, PV modules and
given product category inverters, servers
Scope
Appliances includes all electronic product categories covered and defined by the current ENERGY STAR ®
label.
IT Hardware includes all electronic product categories covered and defined by the current EPEAT® ecolabel,
including computers (desktop computers, notebook computers, integrated desktop computers, portable all-in-
one computers, slates/tablets, small-scale servers, thin clients, and workstations), displays (monitors and
signage displays), servers, imaging equipment (copiers, digital duplicators, facsimile machines, multifunction
devices, printers, mailing machines, and scanners), televisions, mobile phones, and photovoltaic modules and
inverters.
Specifications
In addition to the criteria established in the table above, the University will ensure the following:
1. In accordance with Policy, all recyclers of the University’s electronic equipment must be e-Steward
certified by the Basel Action Network (BAN). In cases where the University has established take-back
programs with a manufacturer, the University will require the manufacturer to become a BAN-certified
e-Steward Enterprise.
2. Printers and copiers must have duplex printing capabilities and hold their warranty while using 100%
recycled content paper.
3. Suppliers shall be required to deliver items to the University with energy efficiency and duplex printing
functions enabled.
a. Departments will work with their IT departments to ensure that features remain enabled for the
duration of the product’s use.
Timeline
For ENERGY STAR ®, there is no timeline for adherence with this specification, as it is already required for all
applicable purchases.
Revised 10.15.2021 Page 9 of 39
IT Hardware guidance, specifically regarding EPEAT® criteria was approved and added to the UC Sustainable
Procurement Guidelines at the start of FY 18/19, the University should reach its Preferred Level target no later
than the close of FY 20/21.
Revised 10.15.2021 Page 10 of 39
Cleaning and Janitorial Supplies
Green Spend Criteria
Recognized Certifications and Required Level Preferred Level Examples of Products
Standards (minimum mandatory in this Category
requirements)
From AASHE STARS ® 2.2 A minimum of 25% of A minimum of 75% Disinfectants, laundry
Technical Manual Cleaning and purchases must meet at of purchases must detergent, dishwashing
Janitorial criteria (OP-13 p. 1): least one of the meet at least one detergent, hand soap,
Blue Angel labeled (German recognized certifications of the recognized general purpose cleaners,
Federal Environment Agency) and standards found certifications and carpet cleaner
Cradle to Cradle Certified™ under AASHE STARS 2.2 standards found
Products Program Cleaning and Janitorial under AASHE
ECOLOGO certified (UL criteria (OP-13 p. 1). STARS 2.2
Environment) Cleaning and
EU Ecolabel Janitorial criteria
Forest Stewardship Council (OP-13 p. 1).
(FSC) certified
Good Environmental Choice
Australia (GECA) certified
Green Seal® certified
Nordic Swan labeled (Nordic
Ecolabelling Board)
U.S. EPA Safer Choice labeled
Other multi-criteria sustainability
standards and ISO Type 1
ecolabels
developed/administered by
Global Ecolabelling Network
and/or ISEAL Alliance member
organizations
Scope
As described in AASHE STARS ® 2.2 Technical Manual (OP-13 p.1), cleaning and janitorial supplies include
general purpose bathroom, glass and carpet cleaners; degreasing agents; biologically-active cleaning products
(enzymatic and microbial products); floor-care products (e.g. floor finish and floor finish strippers); hand soaps
and hand sanitizers; disinfectants; and metal polish and other specialty cleaning products. Also included are
janitorial paper products such as toilet tissue, tissue paper, paper towels, hand towels, and napkins. Other
janitorial products and materials (e.g., cleaning devices that use only ionized water or electrolyzed water) are
excluded from this category.
Specifications
Disinfectants
All disinfectants must be EPA-registered and should contain only the following active ingredients: hydrogen
peroxide, citric acid, lactic acid, caprylic (octinoic) acid, or thymol (if other ingredients aren’t available). If
possible, avoid disinfectants containing: chlorine bleach (hypochlorites), quaternary ammonium compounds
(“quats”), phenolic compounds, and peroxyacetic acid.
Currently, there is no UC-recognized sustainability certification for disinfectants. To increase the percentage of
Green Spend for Cleaning and Janitorial Supplies and follow green cleaning practices, it is recommended that
each site assess its current usage and application of disinfectants. Disinfectant use should be limited to high-
risk surfaces (campuses where there is a higher risk for blood borne incidents, skin contact (MRSA risk), or
Revised 10.15.2021 Page 11 of 39
contact with feces and body fluids) and where required by regulation. Microbes can be effectively removed
from high-touch surfaces (door handles, faucet handles, handrails, drinking fountains etc.) by frequent and
proper cleaning with a regular cleaning product.1
Where disinfectants are required, refer to these Safer Products and Practices for Disinfecting and Sanitizing
Surfaces, and use the SF Approved Safer disinfectants for COVID-19 web tool.
Timeline
This guidance was approved and added to the UC Sustainable Procurement Guidelines at the start of FY
18/19, the University should reach its Preferred Level target no later than the close of FY 20/21.
1
UMass Lowell Toxics Use Reduction Institute’s Guide to Safe and Effective Cleaning and Disinfecting is available here.
Revised 10.15.2021 Page 12 of 39
Flooring
Green Spend Criteria
Product or Recognized Required Level (minimum Preferred Level Examples of
Service Certifications and mandatory requirements) Products in
Category Standards this
Category
Adhesives Green Seal® Must meet ALL the following In addition: Adhesives for
EcoLogo requirements: Uses “no glue” carpet and
SCS FloorScore Meets one of the installation methods as flooring
Standard recognized certifications these virtually eliminate
GREENGUARD® Complies with the VOC VOCs from installation to
Gold limit (50) established in the purchasing entity.
Carpet and Rug Rule 1168 by the South
Institute (CRI) Green Coast Air Quality
Label Plus Management District
(SCAQMD)
Is free of chemicals contained
on the Prop 65 list of
substances that are known to
the State of California to
cause cancer, birth defects or
other reproductive harm, and
those identified by the
Association of Occupational
and Environmental Clinics
(AOEC) as asthmages.
Carpet NSF/ANSI‐140® Must meet ALL the following In addition: Tile and
Standard (most requirements: Has an Environmental broadloom
recent version) Meets one of the Product Declaration
Cradle to Cradle recognized certifications (EPD) Transparency
Certified™ Silver Solution‐dyed Summary
or higher Has a ten-year warranty Is free of the following
from the date of chemicals of concern:
Certificate of Agency Use 1. Antimicrobials
and Occupancy 2. Coal fly ash
Has at least 10% post- 3. Flame retardants
consumer recycled 4. Fluorinated stain-
content or 30% total resistant chemicals (e.g.,
recycled content per fluorinated
chemicals (PFCs))
5. Formaldehyde
6. Lead
7. Mercury
8. Nanomaterials
9. Phthalates
10. Polyvinyl chloride
(PVC)
Carpet Carpet and Rug Must meet ALL the following In addition:
Cushion Institute’s Green requirements: Has an Environmental
Label Plus Meets one of the Product Declaration
SCS FloorScore recognized certifications (EPD) Transparency
Standard Meets the minimum Summary
GREENGUARD® recycled-content Is free of the following
Gold Comprehensive chemicals of concern:
Cradle to Cradle Procurement Guidelines 1. Antimicrobials
Certified™ Silver established by the US 2. Coal fly ash
or higher EPA 3. Flame retardants
Revised 10.15.2021 Page 13 of 39
4. Fluorinated stain-
resistant chemicals (e.g.,
per fluorinated
chemicals (PFCs))
5. Formaldehyde
6. Lead
7. Mercury
8. Nanomaterials
9. Phthalates
10. Polyvinyl chloride
(PVC)
Hard NSF-332 Gold or Must meet ALL the following In addition: Resilient
Surface Higher requirements: Contains at least 30% flooring (vinyl,
Flooring Cradle to Cradle Meets one of the post-consumer recycled linoleum, cork,
Certified™ Silver recognized certifications content or 50% total rubber, etc.),
or higher Has a minimum warranty recycled content tile, wood
SCS FloorScore in line with industry Has an Environmental flooring,
Standard standards Product Declaration laminate
GREENGUARD® (EPD) Transparency flooring,
Gold Summary stone-related
Forest Is free of the following products and
Stewardship chemicals of concern: accessories
Council (FSC) 1. Antimicrobials
2. Coal fly ash
3. Flame retardants
4. Fluorinated stain-
resistant chemicals (e.g.
per fluorinated
chemicals (PFCs))
5. Formaldehyde
6. Lead
7. Mercury
8. Nanomaterials
9. Phthalates
10. Polyvinyl chloride
(PVC)
Scope
Carpet, Adhesives, and Carpet Padding
Products in this category include tile and broadloom applications. The University has a strong preference
towards tile installation and encourages the use of carpet tile in all suitable applications.
Hard Surface Flooring
Products in this category include resilient flooring (vinyl, linoleum, cork, rubber, etc.), tile, wood flooring,
laminate flooring, stone-related products and accessories.
Specifications2
Materials of Concern
Suppliers shall disclose whether each product offered on the contract contains any of the following chemicals
and materials of concern.
2
These specifications were adapted from the University of California Systemwide Flooring bid available here.
Revised 10.15.2021 Page 14 of 39
It is desirable that suppliers offer products free from the chemicals and materials listed below:
1. Antimicrobials
2. Coal fly ash
3. Flame retardants
4. Fluorinated stain-resistant chemicals (e.g., per fluorinated chemicals (PFCs))
5. Formaldehyde
6. Lead
7. Mercury
8. Nanomaterials
9. Phthalates
10. Polyvinyl chloride (PVC)
Suppliers shall disclose whether each product offered on the contract has a California Proposition 65 warning
label notifying consumers that it contains a chemical known to the State of California to cause cancer, birth
defects or other reproductive harm.
Environmental Product Declaration
Suppliers shall disclose whether each product offered has an Environmental Product Declaration (EPD)
Transparency Summary. It is desirable for all products to have an EPD Transparency Summary. An EPD is a
comprehensive disclosure of a product’s lifecycle-based environmental impacts. If possible, the EPD should
conform to industry standards such as ISO 14025, which was developed by the International Organization for
Standardization (ISO).
Carpet Tile and Broadloom
The University has a strong preference towards tile installation and encourages the use of carpet tile in all
suitable applications. All broadloom and carpet tile must meet the following specifications:
Certified to the NSF/ANSI‐140® Standard (most recent version) or Cradle to Cradle Certified™ Silver or
higher. Supplier shall provide proof of independent third‐party certification with bid submission.
Carpet must be a solution‐dyed product, a manufacturing process where colored dye is thoroughly
mixed into the liquid fiber solution before fibers are extruded, bringing the color all the way through the
fiber. This technique results in a colorfast product that is highly resistant to fading or bleached color
effects, allowing cleaning with a mild bleach solution ideally suited for settings where stains and germs
can be a sanitary issue. Solution-dyed fabrics are well-suited for floorcovering in high-traffic settings.
At a minimum, all carpet must have a ten-year warranty from the date of Certificate of Agency Use and
Occupancy. Carpet manufacturers must replace carpet that does not comply with specifications or that
fail within the specified warranty period. Supplier shall be responsible for all associated product and
labor costs.
It is required that the products have at least 10% post-consumer recycled content or 30% total recycled
content.
It is required that 100% of existing carpet (including carpet padding) be recyclable/disposed of at a
recycling facility that accepts carpet for recycling unless otherwise required by law. Recycling means
turning any manufacturer’s old carpet or carpet components into new carpet or other consumer
products.
o Recycling does not include:
Carpet As Alternative Fuel (CAAF)
Burning Carpet in Cement Kilns
Waste-to-Energy (WTE)
Any high temperature material destruction or conversion
Carpet used as alternative daily cover (ADC)
Revised 10.15.2021 Page 15 of 39
o Carpet must be properly handled for effective recycling. It must be:
Dry
Debris-free (i.e., free of trash, dirt, tack strips, cutting blades, nails, sharps, etc.)
Rolled, stacked, or folded
o Broadloom carpet must be:
Cut into manageable sections
Separated from any carpet padding, if applicable
o Awarded bidders shall be required to provide written verification documenting that existing
carpet removed from a facility was taken to a carpet recycling facility. California’s Product
Stewardship for Carpets regulations are available from CalRecycle.
Adhesives
All carpet and flooring adhesives must:
Have earned at least one the following third-party certifications:
o Green Seal®
o UL EcoLogo
o Scientific Certifications Systems (SCS) FloorScore
o UL GREENGUARD® Gold
o Carpet and Rug Institute (CRI) Green Label Plus
Comply with the VOC limit (50) established in Rule 1168 by the South Coast Air Quality Management
District (SCAQMD).
Be free of any chemicals on either of the following lists:
o Prop 65 list of substances that are known to the State of California to cause cancer, birth
defects or other reproductive harm. This may include, for example: benzene, formaldehyde,
methylene chloride, n-hexane, perchloroethylene, or toluene;
o List of asthmagens by the Association of Occupational and Environmental Clinics (AOEC). This
may include, for example: epoxy resins, diisocyanates, latex, and urea formaldehyde.
It is desirable to offer “no glue” installation methods which will virtually eliminate VOCs from installation to the
purchasing entity.
Carpet Cushion
Carpet cushion (also called padding) is only applicable for certain broadloom installations; therefore, these
specifications only apply for that use.
Carpet cushion must be certified by one of the following:
o Carpet and Rug Institute’s Green Label Plus
o Scientific Certification System’s FloorScore
o UL GREENGUARD® Gold
o Cradle to Cradle Certified™ at the Silver lever or higher
It is required for carpet cushion to meet the minimum recycled-content Comprehensive Procurement
Guidelines established by the US EPA.
Hard Surface Flooring
Products in this category include resilient flooring (vinyl, linoleum, cork, rubber, etc.), tile, wood flooring,
laminate flooring, stone-related products and accessories.
All hard surface flooring must be:
o Cradle to Cradle Certified™ at the Silver lever or higher
o Certified to the NSF-332 Gold standard or higher
Revised 10.15.2021 Page 16 of 39
o Certified by Scientific Certification System (SCS) under its FloorScore Standard
o Certified to UL GREENGUARD® Gold
o Certified by the Forest Stewardship Council (FSC)
All products must have a minimum warranty in line with industry standards. Manufacturers must replace
flooring that does not comply with specifications or that fail within the specified warranty period.
Supplier will be responsible for all associated product and labor costs.
The University prefers products that contain at least 30% post-consumer recycled content or 50% total
recycled content.
Resilient Flooring
Floor tiles and sheet product (plastic and rubber, including heavy duty) must meet the following criteria:
Rubber tile flooring must conform to ASTM D 412, ASTM D 2240 – 05, ASTM F 1344 12e.
Sheet vinyl floor covering must conform to ASTM F 1303 04, ASTM F 1516, ASTM F 1913 04, ISO
10581, and ISO 10582 and/or ASTM F 1700 13a.
Sheet and tile linoleum must conform to ASTM F2034, ASTM F2195 – 13, ASTM F137, ASTM F925,
ASTM F1514, ASTM F1515, ASTM F1516.
Vinyl composition tile flooring must conform to ASTM F 1066 04 and ISO 10582 and/or ASTM F 1700
13a.
Solid vinyl tile/luxury vinyl tile must conform to ISO 10582 and/or ASTM F 1700 13a.
Timeline
This guidance was approved and added to the UC Sustainable Procurement Guidelines at the start of FY
21/22, the University should reach its Preferred Level target no later than the close of FY 23/24.
Revised 10.15.2021 Page 17 of 39
Food and Beverages
Green Spend Criteria
Recognized Required Level Preferred Level Examples of Products in
Certifications and (minimum mandatory this Category
Standards requirements)
AASHE STARS ® 2.2 A minimum of 25% of A minimum of 25% of Produce, poultry products,
Technical Manual Food purchases meet the AASHE purchases meet the AASHE dairy products
and Beverage STARS 2.2 criteria STARS 2.2 criteria
“sustainably or ethically
produced” criteria (OP-07
p. 6)
Scope
Sustainably or ethically produced food or beverages are those certified or verified as meeting the standards
listed in the AASHE STARS 2.2 Technical Manual Standards and Terms table.
Note that the health systems follow the Practice Green Health (PGH) Healthier Food Purchasing Standards
definition of sustainable food and have a goal that a minimum of 30% of purchases meet the PGH criteria.
Specifications
No additional specifications currently.
Timeline
Each campus foodservice operation shall strive to procure 25% sustainable food products by the year 2030 as
defined by AASHE STARS ® 2.2 Technical Manual Food and Beverage “sustainably or ethically produced”
criteria (OP-07 p. 6).
Revised 10.15.2021 Page 18 of 39
Foodware
Green Spend Criteria
Recognized Required Level (minimum Preferred Level Examples of
Certifications and mandatory requirements) Products in this
Standards Category
Biodegradable Reusable or locally compostable Reusable Clamshells, cups,
Products Institute and certified compostable by BPI or napkins, utensils, carry-
(BPI) GS-35, or made 100% from out bags
Green Seal® GS-35 uncoated, unlined, obviously plant-
Cedar Grove based material, and appears on the
Accepted Items List Cedar Grove Accepted Items List.
for Commercial
Compostability
Reusable
Scope
Foodware Items are products that are used to serve or transport ready-to-consume food or beverages,
including cups, bowls, plates, and hinged containers, as well as accessory items (see definition below). This
does not include prepackaged, sealed food that is mass-produced by a third-party vendor off-premises for
resale at University locations (e.g., grab-and-go items, such as prepackaged sandwiches and snacks resold in
campus stores).
Foodware Accessory Items are all types of items usually provided alongside food in containers and cups,
including utensils, chopsticks, napkins, cup lids, cup sleeves, food or beverage trays, condiment containers
and saucers, straws, stirrers, and toothpicks.
Locally compostable means a product can be composted in the local facilities that provide service to the
campus. Acceptable products will vary by facility. Locally compostable may include but is not limited to
products made of bioplastic, paper, wood, and bamboo.
Locally Recyclable means products that can be recycled by the local facilities that provide service to the
campus. Acceptable products will vary by facility.
Reusables are products that are used to serve or transport ready-to-consume food or beverages, including but
not limited to cups, bowls, plates, and hinged containers that are durable and intended for multi-use. Non-
compostable, carry-out plastic bags provided by a foodservice facility or retail store, regardless of thickness of
the plastic material, are never considered reusable.
Specifications
Locations will consider eliminating single-use plastic beverage bottles when contracting with suppliers, or upon
contract renewal and/or extension if current contract terms prohibit (e.g., vending machines, departmental
purchases, etc.).
Compostable foodware items made from recycled and/or sustainably harvested materials are preferred
wherever possible.
1. All products must be certified compostable by the Biodegradable Products Institute (BPI) or Green
Seal® GS-35, proving that the finished product meets ASTM standards D6400 or D6868 for
compostability. Documentation may be required.
2. Products made 100% from paper, wood, bamboo or other obviously plant-based material, that are
uncoated or unlined (such as wooden stir sticks or uncoated paper plates) automatically meet this
Revised 10.15.2021 Page 19 of 39
commercial compostability requirement without certification, so long as they appear on the Cedar
Grove Accepted Items list for commercial compostability, and the material type is disclosed.
3. Products with polyethylene liners are not compostable, and therefore do not meet the intent of these
specifications.
4. Products shall not contain polyvinyl chloride (PVC), acrylonitrile butadiene styrene (ABS),
polycarbonate (PC), polyurethane (PU), or any fluorinated chemicals.3 If product is fiber-based
(including paper), supplier shall identify the type of grease barrier or coating used.
5. Product is manufactured entirely with chlorine-free processing, meaning that no chlorine or chlorine
compounds were used during manufacturing. Products may be unbleached or whitened in a chlorine-
free process (if certified process chlorine-free).
6. Paper products are made from 40% post-consumer recycled content or 100% total recycled content
(pre- or post-consumer), unless intended for hot beverages, in which case they are made from a
minimum of 10% post-consumer recycled content. Bidder should disclose the amount and type of
recycled content.
7. Product shall not contain added engineered nanomaterials.
8. Product materials are sustainably produced and are certified as one of the following:
a. Forest Stewardship Council (FSC)
b. Protected Harvest
c. Rainforest Alliance
d. Fair Trade USA
9. Feedstock and final product are produced in North America.
10. Product material grown without genetically modified organisms and certified to be GMO-free by one of
the following:
a. Non-GMO Project Verified
b. CERT ID NonGMO
c. ProTerra Certifications (www.geneticid.com/services/certification)
11. Product is made from sustainably grown, non-food agricultural resources such as perennial biomass
crops and sustainably harvested residues (more information is available from the Sustainable Bioplastic
Guidelines).
12. Fiber-based product are additionally certified by one of the following, as applicable:
a. EcoLogo CCD-084 (Table Napkins)
b. EcoLogo CCD-085 (Kitchen Towels)
c. EcoLogo CCD-086 (Hand Towels)
d. Green Sea® GS-1 (Sanitary Paper Products)
e. Green Seal® GS-9 (Paper Towels and Napkins)
13. Inks for printing and graphics are vegetable-based and approved for use by U.S. Food and Drug
Administration, where required.
Timeline
This guidance was approved and added to the UC Sustainable Procurement Guidelines at the start of FY
18/19, the University should reach its Preferred Level target no later than the close of FY 20/21.
3
A public database of fluorine-free foodware products and additional guidance on sustainable alternatives is available
from the Center for Environmental Health’s Single Use Foodware page and available here.
Revised 10.15.2021 Page 20 of 39
Indoor Furniture
Green Spend Criteria
Recognized Certifications Required Level Preferred Level Examples of Products
and Standards (minimum mandatory in this Category
requirements)
● GREENGUARD® Must be free of the 5 Must have at least one Task and lounge seating
Gold chemical classes of concern of the following (including textiles), height-
● SCS Indoor described in the additional certifications: adjustable tables, work
Advantage Gold Specifications section BIFMA Level® surfaces, modular furniture
● Cradle to Cradle below. Acceptable certified (preference systems, bookcases, filing
Certified™ Products documentation of for 2 or 3) cabinets
Program compliance includes at least Cradle to Cradle
● BIFMA Level® one of the following4: Certified™
● FSC (for products (preference for Silver
Third-party certified as or Gold level)
containing wood)
meeting credit 7.4.4, FSC Certified wood
● Textile certifications:
Targeted Chemical
GOTS Textiles certified by
Elimination, of
STANDARD one of the
ANSI/BIFMA Level® e-3
100 by Oeko- recognized textile
Furniture Sustainability
Tex® certifications
Standard (2019 version)
STeP by Complete HPD
Certified to the
Oeko-Tex® Complete Declare
GreenScreen standard
Cradle to Label
for Furniture and
Cradle
Fabrics Version 1 or
Certified™
higher at the Bronze
Products
level, and listed on the
Program
GreenScreen Furniture
Facts
and Fabric Certification
● Health Product
list of certified products
Declaration (HPD)
● Declare Label Received the Green
Health Approved Seal
for Furniture, and is
listed on the Green
Health Approved list for
Healthier Furniture
Scope
Indoor Furniture includes individual (e.g., task chair) and group seating; open-plan and private-office
workstations; desks of all types, tables of all types; storage units, credenzas, bookshelves, filing cabinets and
other case goods; integrated visual display products (e.g., markerboards and tackboards, excluding electronic
display products); hospitality furniture; and miscellaneous items such as mobile carts, freestanding screens,
and movable partitions. Movable partitions include office furniture system cubicle panels that are typically
integrated with work surfaces, desks, and storage furniture. Furniture does not include office accessories, such
as desktop blotters, trays, tape dispensers, waste baskets, all electrical items such as lighting and small
appliances, and accessories such as aftermarket keyboard trays, monitor stands and monitor arms.
4
Furniture products approved as meeting the minimum requirements during the 2019 UC Office Furniture bid (resulting
contract numbers 2019.001899, 2020.001890, 2019.001896) may meet this criterion without proof of certification.
Revised 10.15.2021 Page 21 of 39
Specifications5
The following specifications apply to the finished product as assembled, unless otherwise noted. For example,
compliance with the VOC emission requirements applies to the finished product as assembled and thus, the
applicable third-party certification must be for the finished product as assembled, not the individual
components.
Suppliers shall limit product finishes and textile offerings to those that maintain compliance with these
requirements. For example, University end-users should not receive information on surface materials or textiles
that would conflict with these requirements or otherwise void a VOC emission certificate (i.e., some surface
materials are not included in a product’s VOC certification).
The University shall require furniture meeting the following specifications for hazardous chemical classes:
1. Flame Retardants: All furniture shall be free of flame-retardant chemicals at levels above 1,000 parts
per million in both standard and optional components, excluding electrical components.
a. All upholstered seating subject to TB 117-2013 shall be labeled as not containing flame
retardant chemicals consistent with the manner described in Section 19094 of the California
Business and Professions Code.
b. A product may contain flame retardants if required to meet code or regulation (e.g., TB 133 or
ASTM E 1537), in accordance with the following criteria:
i. No halogenated flame-retardant chemical may be used at levels above 1,000 parts per
million by weight of the homogeneous material, excluding electrical components.
ii. Products that contain flame retardant chemicals that have been fully assessed using
GreenScreen v1.2 (or newer) and meet the criteria for benchmark 2, 3, or 4 will be
preferred.
2. Formaldehyde and Volatile Organic Compounds (VOCs): All furniture shall comply with ANSI/BIFMA
Level® e3-2014 Furniture Sustainability Standard, Sections 7.6.1 and 7.6.2, using either the
concentration modeling approach or the emissions factor approach.
a. Test results shall be modeled using the open plan, private office, or seating scenario in
ANSI/BIFMA Level® M7.1, as appropriate.
b. Furniture products that additionally meet ANSI/ BIFMA Level® e3-2014 Section 7.6.3 and/or
California Department of Public Health Standard Method v1.1 (emission testing method for
California Section 01350) are preferred.
c. Products with UL Environment GREENGUARD® Gold, or Scientific Certification Systems (SCS)
Indoor Advantage Gold third party certifications for CA Standard Method v1.1 2010 are
automatically compliant.
d. Salvaged and refurbished furniture more than one-year old at the time of re-use is considered
compliant, provided it meets the requirements for any site-applied paints, coatings, adhesives,
and sealants.
e. All composite wood materials, including hardwood plywood, particleboard, or medium density
fiberboard, used in office, classroom, or healthcare furniture shall comply with Phase 2 of
California’s Code of Regulations, Title 17 §93120.2 – Airborne Toxic Control Measure to
Reduce Formaldehyde Emissions from Composite Wood Products. Compliance documentation
for this requirement may be satisfied by demonstrating applicable components meet the
requirement (as opposed to finished product as assembled).
3. Per and Poly-Fluoroalkyl Substances (PFASs) used as stain/water/oil resistant treatments: All furniture
shall be free of any long- and/or short-chain per- and poly-fluorinated alkyl compounds and fluorinated
5
These specifications were adapted from the University of California Systemwide Office Furniture bid.
Revised 10.15.2021 Page 22 of 39
polymers used as stain, water, or oil resistant treatments above 100 ppm by weight of the homogenous
material.
4. Antimicrobials: All furniture shall be free of any added or built-in chemical antimicrobials. Antimicrobials
added to raw materials for the sole purpose of preserving the product are exempt, except for triclosan
and triclocarban which are explicitly prohibited. Antimicrobials may be used in a healthcare setting only
if they are registered with the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), and are part of a comprehensive infection control plan.
5. Polyvinyl Chloride (PVC): All furniture shall be free of polyvinyl chloride (PVC) greater than 1% of
product by weight, excluding electrical components. Electrical components that are free of PVC are
preferred.
6. All fabrics/textiles utilized on a finished product must be cleanable without dry-cleaning chemicals.
7. Heavy Metals: Avoid (when possible) the use of heavy metals and hexavalent chromium in plated
finishes as outlined in LEED Healthcare MRc5.
Timeline
This guidance was approved and added to the UC Sustainable Procurement Guidelines at the start of FY
18/19, the University should reach its Preferred Level target no later than the close of FY 20/21.
Revised 10.15.2021 Page 23 of 39
Lighting
Green Spend Criteria
Recognized Required Level Preferred Level Examples of Products in
Certifications and (minimum mandatory this Category
Standards requirements)
Voluntary California Applicable product types Applicable product types LED troffer retrofit kits, LED
Quality Light-Emitting must be on either of the must be on either of the troffer luminaires, linear LED
Diode (LED) Lamp following Million LED following Million LED lamps and drivers, screw-
Specification Criteria Challenge (MLC) listings: Challenge (MLC) base light sources (A-lamps,
Quality Specifications for listings: PAR-lamps, R-lamps, retrofit
https://mlc.portalced.com/ kits, MR-16 lamps)
Linear LED Lamps and
MillionLampChallenge/ https://mlc.portalced.com
Retrofit Kits and Fixtures
/MillionLampChallenge/
https://millionledchallenge.
com/purchase https://millionledchalleng
e.com/purchase
Scope
The Million LED Challenge is a collaboration between the University of California, California State University,
California Community Colleges, and Department of General Services (California Public Building Partnership
(CBCP)) with the objective of deploying high-quality, high-efficacy LED light sources to students, staff, faculty,
alumni, and retirees.
Recent technology developments, in combination with California's leading regulatory environment, have led to
the development of high-quality LEDs intended for the replacement of linear fluorescent lamps and light
fixtures. These LED products have improved performance, including color characteristics that emulate the
expected performance of incandescent technology with high efficiency.
Inspired by recent research outcomes and the industry’s willingness to produce these products, the CPBP
developed and launched a high visibility, statewide light source conversion program known as the Million LED
Challenge (MLC). Phase 1 of the effort addressed medium screw-based lamps. Phase 2 promotes the
utilization of high efficiency, high-quality replacement linear LED products (i.e., TLEDs), troffer retrofit kits and
new troffer luminaires.
Specifications
Specifications are available on both MLC Phase 1 and Phase 2 websites:
Phase 1 (medium screw-based lamps)
o Approved Product Listing: https://mlc.portalced.com/MillionLampChallenge/
Phase 2 (high-quality replacement linear LED products (i.e. TLEDs), troffer retrofit kits, and new troffer
luminaires)
o Approved Product Listing: https://mlc.portalced.com/MillionLampChallenge/
Timeline
This guidance was approved and added to the UC Sustainable Procurement Guidelines at the start of FY
21/22, the University should reach its Preferred Level target no later than the close of FY 23/24.
Revised 10.15.2021 Page 24 of 39
Office Supplies
Green Spend Criteria
Product or Recognized Required Level Preferred Level Examples of
Service Certifications and (minimum Products in this
Category Standards mandatory Category
requirements)
Office/Copy ● FSC Recycled A minimum of 30% 100% PCRC or Copy paper
Paper ● Post-consumer PCRC or agricultural agricultural residue
recycled content residue content (or content, or FSC
(PCRC) GS-07 certified) Recycled labeled, with
● Processed Chlorine additional preference
Free (PCF) for paper that is PCF
● Green Seal® (GS-07)
● Agricultural residue6
content
Paper ● FSC - Chain of A minimum of 30% 100% recycled content Calendars,
Products Custody PCRC7 with minimum 50% envelopes, folders,
(other than ● Sustainable Forestry PCRC; 90% PCRC wire notepads
office/copy Initiative (SFI) components; water-
paper) ● Post-consumer based or plant-based
recycled content adhesives; and
(PCRC) additional preference
● Total recycled content for PCF, FSC, and/or
● Processed Chlorine SFI labeled products8
Free (PCF)
● Green Seal® (GS-07)
Non-Paper ● Post-consumer Meets the minimum Meets the recycled Binders, paper clips,
Office recycled content CPG recycled- content specifications in plastic-based
Supplies (PCRC) content levels for the Preferred EPP accessories, writing
● Total recycled content Non-Paper Office Specifications as listed utensils
● Non-antimicrobial Products, and a by the Northeast
● EPA Comprehensive minimum 30% Recycling Council
Procurement recycled content for (NERC), and free of
Guidelines (CPG) all writing utensils antimicrobial coatings
● Northeast Recycling (dry-erase markers,
Council (NERC) highlighters,
Model EPP markers, pens, and
Specifications and pencils) or other
Purchasing plastic-based
Guidelines for Office accessories
Supplies
Toner ● Remanufactured9 Is remanufactured or Is both remanufactured
● High yield high yield and high yield
6
Must come from sustainably grown and harvested, non-GMO sources that do not replace forest stands or food crops.
7
Aligns with CA Department of General Services (DGS) Purchasing Standard DGS-441200-A for Paper Product Office
Supplies and Northeast Recycling Council (NERC) Model EPP Specifications and Purchasing Guidelines for Office
Supplies.
8
Modeled from Northeast Recycling Council’s Preferred EPP Specifications for Paper Office Supplies.
9
Shall meet the State of California’s Specifications for Remanufactured Toner and Ink Cartridges
Revised 10.15.2021 Page 25 of 39
Scope
Office/Copy paper refers to standard office printing and copy paper.
Paper Office Supplies includes writing paper (pads), packing paper, folders, letter folders, expandable filing
folders, hanging folders or accessories, binders and indexes, hanging folders, dividers, file pockets, standard
envelopes, packaging cartons, mailers, easel pads, sticky notes, storage boxes and desk pad calendars.
Non-paper Office Supplies includes binders, clipboards, file folders, clip portfolios, presentation folders, plastic
desktop accessories (desk organizers, desk sorters, desk and letter trays, and memo, note and pencil holders),
plastic envelopes, and writing utensils (dry-erase markers, highlighters, markers, pens, and pencils).
Toner - Additional recommendations can be found from the State of New York’s Approved Specifications for
Monochrome Toner Cartridges.
Specifications
No additional specifications currently.
Timeline
This guidance was approved and added to the UC Sustainable Procurement Guidelines at the start of FY
18/19, the University should reach its Preferred Level target no later than the close of FY 20/21.
Revised 10.15.2021 Page 26 of 39
Water Appliances and Fixtures
Green Spend Criteria
Recognized Required Level Preferred Level Examples of Products in this
Certifications and (minimum mandatory Category
Standards requirements)
WaterSense® WaterSense® Certified WaterSense® Certified Faucets, toilets, irrigation controllers,
pre-rinse spray valves, and urinals
Scope
This category includes all products covered by WaterSense® including residential toilets, showerheads,
bathroom faucets, commercial toilets, urinals, pre-rinse spray valves, irrigation controllers, and spray sprinkler
bodies.
Specifications
To minimize operational issues, it is recommended that toilet and bowl assemblies shall have a MaP rating of
1000.
Timeline
This guidance was approved and added to the UC Sustainable Procurement Guidelines at the start of FY
18/19, the University should reach its Preferred Level target no later than the close of FY 20/21.
Revised 10.15.2021 Page 27 of 39
7. Universal Guidance for all Products
Some Green (environmental) sustainability criteria are applicable across all, or many different product or
service categories. The following criteria should be considered for all applicable categories and included in the
specifications for all relevant bid solicitations and contracts.
Chemicals of Concern Specifications
In accordance with the UC Sustainable Practices Policy Section V.G.2., the University will work to remove
harmful chemicals from products brought onto campus by increasing the purchase of products and materials
that disclose known hazards (e.g., in compliance with the requirements of LEED BD+C v4 “Building product
disclosure and optimization - material ingredients” – or updated equivalent) and choosing products with
reduced concentrations of chemical contaminants that can damage air quality, human health, productivity, and
the environment.
Additionally, where applicable, products and packaging shall be free of hazardous additives, including those
mixed into the product and those used as surface treatments, unless no feasible alternative exists, and it is
determined that the benefit outweighs the risk. Products and packaging should strive to meet all eleven of the
Kaiser Permanente Chemicals of Concern Criteria10, including, but not limited to:
a. Cadmium, mercury, lead, hexavalent chromium, polybrominated biphenyls, and polybrominated diphenyl
ethers – All homogenous electronic parts are compliant with all European Union Restriction of the Use of
Certain Hazardous Substances (EU RoHS) Directive’s restricted limits (excluding exemptions).
b. Polyvinyl chloride (PVC) – Does not contain PVC.
c. Prop 65 Chemicals – Does not contain intentionally added chemicals listed by the State of California to
cause cancer, birth defects, or reproductive harm that require warning or are prohibited from release to the
environment under the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).
If products contain Prop 65 chemicals, supplier must disclose the Chemical Abstracts Service (CAS) #'s.
d. Persistent, bioaccumulative and toxic chemicals (PBTs) – All homogeneous materials must contain less
than 1000 ppm of PBTs.
e. Organohalogen-based chemicals (bromine, chlorine, fluorine, and iodine)
f. Antimicrobial/antibacterial agents11 – Does not contain intentionally added antimicrobial/antibacterial
agents to reduce surface pathogens.
Packaging Specifications
The University Standards for sustainable packaging materials will be outlined in all relevant bid solicitations.
Suppliers will be required to demonstrate how their standards and practices for packaging materials meet
these UC Standards.
Minimum Requirements
a. In accordance with the UC Sustainable Practices Policy section III.F.3., the University does not allow the
sale, procurement, or distribution of packaging foam other than that utilized for laboratory supply or medical
packaging and products. For related policy implementation procedures, reference the Foam Ban Guidance
below.
b. The University requires that all packaging be compliant with the Toxics in Packaging Prevention Act (AB
455) as to be free of any intentionally introduced lead, cadmium, mercury or hexavalent chromium, and
10
In the event of a conflict in requirements between Kaiser Permanente’s Chemicals of Concern Criteria and any
category-specific criteria, the category-specific criteria should take precedence.
11
This includes hand and dish soaps labeled as antibacterial, except where required for use in hospitals and food service
settings. Antimicrobials added to raw materials for the sole purpose of preserving the product are exempt, except for
triclosan and triclocarban which are explicitly prohibited.
Revised 10.15.2021 Page 28 of 39
containing no incidental concentrations of these regulated metals greater than 100 parts per million (ppm)
by weight.
Additional Criteria
In addition, the University requires that all packaging meet at least one of the criteria listed below:
a. Uses bulk packaging
b. Uses reusable packaging (e.g., totes reused by delivery service for next delivery)
c. Uses innovative packaging that reduces the weight of packaging, reduces packaging waste, or utilizes
packaging that is a component of the product
d. Maximizes recycled content and/or meets or exceeds the minimum postconsumer content level for
packaging in the U.S. Environmental Protection Agency Comprehensive Procurement Guidelines
e. Uses locally recyclable or certified compostable material.
Additional consideration in bid evaluations should be given to suppliers who meet more than one criterion listed
above for packaging, and preference should be given to those using reusable packaging (b).
Foam Ban Guidance
In accordance with section III.F.5. of the UC Sustainable Practices Policy, the University has prohibited the
sale, procurement and/or distribution of packaging foam, other than that utilized for laboratory supply or
medical packaging and products. The following guidance is meant for sourcing and procurement professionals
and is intended to leverage large sourcing opportunities to mitigate single use packaging foam waste in
support of UC’s Zero Waste goals.
1. Scope
The ban on expanded plastic foam materials in packaging applies to all packaging brought onto UC
campuses via the purchase of goods for the University. The only exception to this ban is for the
purchase of products utilized in laboratory or medical settings.
2. Enforcement
This ban is a requirement of the UC Sustainable Practices Policy, meant to support UC’s Zero Waste
goal. The UC Terms and Conditions include the policy language regarding this ban, which is included
when contracting with suppliers for the purchase of goods. When conducting a competitive bid for
goods, the University must incorporate language into all Requests for Proposals/Quotes/Information
(RFx’s) articulating this ban, including in the qualitative evaluation, and ensure that it is addressed as
part of the final award.
If a supplier claims to be unable to meet the requirements of the ban, an exemption will require UC
approval in accordance with the instructions below. The exemption process is not required for one-time
purchases. In the case of one-time purchases, the supplier should be required to take back non-
compliant packaging upon delivery. For UC contracts executed prior to January 1, 2020, enforcement
of this ban (including a possible exemption request) must be addressed during the next contract
amendment, extension, or as part of a new award.
All off-contract purchases are also required under UC policy to abide by this ban. It is the responsibility
of the person buying goods on behalf of UC to be aware of UC policy.
3. Exemption Process
If a supplier is unable to meet UC’s ban on expanded plastic foam material in packaging and UC still
intends to do business with that supplier, then the supplier must apply for an exemption. To do so, the
supplier must submit a completed Foam Packaging Ban Exemption Form including all required
documentation to substantiate their exemption.
Revised 10.15.2021 Page 29 of 39
Suppliers can download the Request for Exemption Form from the UC Procurement website. UC staff
can download this form using the link above or from the UC Forms & Policies SharePoint portal.
Suppliers must submit their Exemption Form to the appropriate commodity manager, buyer or other
employee authorized to contract for, or purchase goods from, a supplier on behalf of the UC. The Policy
Exception Authority must grant approval of the Exemption request. A copy of all submitted (approved
and denied) Exemption Forms must be submitted to the appropriate Sustainability Office for reference.
Revised 10.15.2021 Page 30 of 39
8. Economically and Socially Responsible Spend
Economically and Socially Responsible (EaSR) Spend is defined as spend on products or services supplied by
a business holding at least one of the UC-recognized classifications or certifications listed below. UC has a
25% economically and socially responsible spend goal. The table below outlines the certifications and criteria
that the University uses to define EaSR spend. It also includes a category for Preferred Certifications, which
are certifications offered by California (CA) government agencies and/or of CA-based businesses. There is
currently no set goal for spend with suppliers meeting the Preferred Certification criteria.
The percentage of EaSR Spend is calculated using the following methodology, for a particular time period:
Total spend on goods or services from a business that holds a UC-recognized EaSR certification
( ) × 100
Total Addressable Spend
EaSR Spend Criteria
Expenditures on products and/or services supplied by businesses holding at least one of the UC-recognized
certifications and standards outlined below will be counted towards UC EaSR Spend reporting.
Recognized Certifications and Standards – These are reputable government or nationally
recognized certifications and standards UC recognizes as identifying suppliers that may have a positive
impact on society and/or the economy. Suppliers with these certifications and standards should be
flagged in Hosted and Punch-out Catalogs.
Preferred Certifications - These are reputable government or nationally recognized certifications UC
recognizes as identifying suppliers that may have a positive impact on society and/or the economy
within California specifically. Suppliers with these certifications are to be flagged in Hosted and Punch-
out Catalogs.
Business Recognized Certifications and Preferred Certifications
Classification Standards
Small Business All government agency certifications and ● CA DGS certification or California state or
accepted third party certifiers. local agency certification
● HUBZone certified
Note that self-certification as Small in U.S. ● SBA 8(a)
System for Award Management (SAM) is ● WOSB and EDWOSB certified
accepted as well as any other small business
certifications that also certify a business’s
status as socially and economically
disadvantaged such as (WOSB, VOSB,
SDVOSB, SDB, etc.).
Disadvantaged All government agency certifications. All government agency certifications
Business Enterprise accepted, but principal office of business
must be located in California and owners
(officers, if a corporation) domiciled in CA.
Revised 10.15.2021 Page 31 of 39
Business Recognized Certifications and Preferred Certifications
Classification Standards
Women-owned All government agency certifications and All government agency certifications
Business accepted third party certifiers, such as those accepted, but principal office of business
approved by the SBA: must be located in California and owners
(officers, if a corporation) domiciled in CA.
El Paso Hispanic Chamber of Commerce
National Women Business Owners
Corporation
U.S. Women’s Chamber of Commerce
Women’s Business Enterprise National
Council
BIPOC (Black, All government agency certifications and All government agency certifications
Indigenous, and accepted third party certifiers, such as: accepted, but principal office of business
People of Color) must be located in California and owners
Business12 ● State and Local Government Certifying (officers, if a corporation) domiciled in CA.
Agencies
● National Minority Supplier
Development Council (NMSDC)
Veteran-owned All government agency certifications and All government agency certifications
Business accepted third party certifiers. accepted, but principal office of business
must be located in California and owners
(officers, if a corporation) domiciled in CA.
Service Disabled All government agency certifications and DGS DVBE
Veteran-owned accepted third party certifiers.
Business
AbilityOne U.S. AbilityOne Commission All government agency certifications
accepted, but principal office of business
must be located in California and owners
(officers, if a corporation) domiciled in CA.
LGBT-Owned All government agency certifications and All government and accepted third party
Business accepted third party certifiers, such as: certifiers included, but principal office of
California Public Utilities Commission business must be located in California and
(CPUC) owners (officers, if a corporation) domiciled in
National LGBT Chamber of Commerce CA.
(NGLCC)
12
Note that Federal, State, local and non-governmental agencies commonly refer to businesses under this classification
as “Minority Businesses.” The University recognizes this term is generic and has historically connoted inferiority and
dehumanized marginalized groups. “Minority Business” certifications do qualify under this criterion, but the University
recognizes a need to shift the use of terms in this space and welcomes the different and nuanced experiences of BIPOC
communities.
Revised 10.15.2021 Page 32 of 39
9. Best Practices for Procurement Services13
1. Market basket lists can be used as a tool for increasing the purchase of sustainable products at
competitive and affordable prices. By only including products meeting the Required and Preferred Level
of sustainability criteria in a market basket list, the University may be able to achieve reduced rates that
will in turn direct spend towards sustainable products over conventional products. Allowing for revisions
to the market basket beyond traditional changes in volume/spend patterns may allow for more
competitive pricing on newly added sustainable items.
2. Through bid specifications and contract provisions, require suppliers to:
a. Offer eCommerce capabilities, including:
i. clearly identifying UC-recognized “light green” and “dark green” sustainable items in
product Catalogs.
ii. ensuring that any additional sustainability symbols/icons/certifications are displayed
along with attribute details per product (e.g., a product with a recycled content symbol
must also have in its product description details about the percentage of total recycled
content and post-consumer recycled content).
iii. blocking and/or restrict pre-identified conventional items from being purchased online so
University employees are compelled to purchase products that comply with UC’s
Sustainable Procurement Policies and Guidelines.
iv. auto-substituting pre-identified conventional products with sustainable products on the
market basket list when end-user places conventional item in online cart.
v. making sustainable items display first in online Catalog search results or make them
easily found within online product Catalogs through effective search tools, search filters,
and related navigational tools.
b. Incentivize consolidated deliveries whenever feasible (e.g. deliveries only on certain days of the
week or reduced pricing for consolidated shipping), and
i. document or illustrate how the delivery consolidation method reduces the UC and
supplier’s carbon footprint (e.g., reduction in fossil fuel use, carbon emissions, packaging
materials, or on-site vehicle traffic).
c. Use only delivery service companies that are participants in EPA’s Smartway Partnership
Program.
3. LEED credits should be incorporated into all procurement associated with new facility construction and
major renovations.14
4. These Guidelines (particularly the Green Spend Criteria) should be required of all providers that lease
space or provide contracted goods or services at UC locations. Locations should include the
Sustainable Procurement Policy and Guidelines provisions in lease language as new leases and
contracts are negotiated or existing leases are renewed, and should work to incorporate these
practices, as much as possible, within the timeframe of current leases.
All privatized development of new buildings or major renovations on University-owned land that is
constructed in whole or in substantial part for University-related purposes (i.e. in furtherance of the
University’s mission, both programmatic and auxiliary uses), and build-to-suit projects not on University-
owned land constructed for University-related purposes, should be held responsible for compliance with
these Guidelines. The provisions should apply regardless of the business relationship between the
parties (i.e. whether a gift, acquisition, ground lease and/or lease).
13
Some of the content from this list is modified from the Northeast Recycling Council.
14
Guidance is available from the City of Phoenix.
Revised 10.15.2021 Page 33 of 39
10. Approval Procedure Updates and Changes
Changes to this document must be approved by the UC Procurement Leadership Council (PLC) per the
recommendations of the Sustainable Procurement Working Group.
Change Log
Approval Summary of Changes Approved by Product Categories Start Date for
Date Impacted Reporting on New
or Updated
Categories
8/10/18 Implementation of UC UC Procurement Electronics, cleaning 7/1/2018
Sustainable Procurement Leadership supplies, copy paper,
Guidelines Council paper office supplies
(other than copy paper),
non-paper office supplies,
toner, indoor furniture,
compostable food service
ware, water
appliances/fixtures
10/15/19 Added new section UC Sustainability All where product
“Packaging Foam Ban Steering packaging is involved.
Guidance” Committee
10/15/21 Definitions updated, UC Procurement All product categories,
clarification of “required” v. Leadership furniture, food and
“preferred” green spend, Council beverages, flooring, and
updated outdated lighting
accepted certifications lists
for many product
categories, updated
compostables guidance to
comply with the UC
Sustainable Practices
Policy, addition of food and
beverages; flooring; and
lighting; clarification of
some of the categories on
the EaSR list, reformatting
changes for readability.
Revised 10.15.2021 Page 34 of 39
11. Appendices
The “Dollar not Spent” and Green Spend
As with waste, the hierarchy of environmentally sustainable spend starts with reduce and reuse. As such, in
the assessment of Green Spend, the “dollar not spent” can be included in Green Spend calculations. This
concept is addressed in the following section. Please note that calculating the “Dollar not Spent” for an
individual campus is optional and not required as part of a site’s annual Green Spend reporting (outlined in the
Reporting section above).
How to calculate the dollar not spent:
Items that are not purchased due to education and reduction activities and/or items that are reused on campus
may be added to the Green Spend calculation at campus discretion. The process for adding these to the
Green Spend calculation is as follows:
Green Spend purchase per category + approximate market value of goods not purchased
( ) × 100
Addressable spend per category + approximate market value of goods not purchased
To determine the approximate value of goods not purchased, campuses should use an appropriate
combination of the methodologies below:
Method 1: Reuse (for example, goods reused from surplus operations)
STEP 1. Determine the current market value of the goods if they were purchased new.
STEP 2. Sum the product cost (quantity of goods x current market value of goods).
STEP 3. Include the current market value of goods in the numerator and denominator of the Green Spend
calculation.
Where:
Current market value of goods is to be determined as the average purchase price of the equivalent good
available on systemwide contracts (or an average market value of equivalents if no systemwide contract
exists).
Method 1 Example: 4 desks and 3 desk chairs re-used on campus in surplus operations.
STEP 1: Determine the average cost for the 4 desks and 3 desk chairs from relevant systemwide
contracts (e.g., average cost of desk is $2000 each, average cost of chair is $1,500 each).
STEP 2. Sum the product cost of the items (4 x $2,000) + (3 x $1,500) = $12,500
STEP 3. Include the market value of the goods in the numerator and denominator for the calculation for
green spend:
Green Spend purchase per category + $12,500
( ) × 100
Total Addressable Spend in a given category + 12,500
Method 2: Normalized Reduction in Purchase of Commodity Goods
Where:
Product use (goods purchased) is a function of the number of staff/users.
STEP 1. Determine the quantity of goods purchased per driver in a baseline year:
Revised 10.15.2021 Page 35 of 39
Equation: For example:
Baseline quantity of goods consumed Baseline # reams of copy paper purchased
Baseline quantity of driver Baseline # Full Time Equivalent staff
Baseline # gallons of cleaning products purchased
Baseline # square feet of cleaned space
STEP 2. Determine the quantity of goods purchased per driver in the current year using equations as above:
Equation: For example:
Current quantity of goods purchased Current # reams of copy paper purchased
Current quantity of driver Current # Full Time Equivalent staff
Current # gallons of cleaning products purchased
Current # square feet of cleaned space
STEP 3. Determine the total difference in the quantities of goods purchased between the baseline and current
years (savings) using the following equation:
Equation:
Current quantity of driver x (Baseline quantity of goods per driver – Current quantity of goods per driver)
Example:
Paper: Current number of FTEs x (Baseline number of reams of copy paper purchased per FTE –
Current number of reams of copy paper purchased per FTE)
Cleaning: Current number of sq. ft. cleaned x (Baseline number of gallons of cleaning product
purchased per sq. ft. cleaned - Current number of gallons of cleaning product purchased per sq. ft.
cleaned)
STEP 4. Determine the value of savings based on the current market value of goods.
STEP 5. Include the current market value of goods in the numerator and denominator of the Green Spend
calculation.
Where:
Current market value of goods: is to be determined as the average price of the equivalent good available on
systemwide contracts (or an average market value of equivalents if no systemwide contracts product
available).
Note that if the purchase of one commodity is replaced with purchase of a different (but similar) commodity,
this should not be considered a reduction.
Revised 10.15.2021 Page 36 of 39
Method 2 Example (Using copy paper as the good purchased):
STEP 1: Determine the quantity of goods purchased per driver in baseline year
Baseline year: FY 05/06
Quantity of goods purchased: 500 reams of copy paper/year
Driver: 800 Full Time Equivalent staff
Number of reams of copy paper purchased per FTE: 500/800 = .625 reams per FTE
STEP 2: Determine the quantity of goods purchased per driver in current year
Current year: FY 17/18
Quantity of goods purchased: 500 reams of copy paper/year
Driver: 1500 Full Time Equivalent staff
Number of reams of copy paper purchased per FTE: 500/1500 = .33 reams per FTE
STEP 3: Determine savings per driver between baseline and current year
Current # FTEs x (reduction in reams per FTE) = 1500 FTEs x (.625 reams per FTE - .33 reams
per FTE)
= 421.5 reams of paper
STEP 4: Determine the average value of the savings/reduction
Average value of a ream of paper in UC contract: $5
$5 x 421.5 reams of paper = $2,107.5
STEP 5: Add the value of the reduction to both the numerator and the denominator of the Green Spend
equation for the product category
Green Spend purchase per category + $2,107.50
( ) × 100
Total Addressable Spend in a given category + 2,107.50
Method 3: Replacement of disposables with reusables
If successful methods have been found to identify reuse numbers where disposables were the standard
business as usual, the market value of these disposables may be used in Green Spend calculations. An
example of this might be the use of reusable to-go containers at dining locations where reusables are “checked
out,” so specific numbers of reusables are available.
In these cases, the value of the disposables displaced may be considered Green Spend and added to the
numerator and the denominator for the Green Spend calculation. The process for calculating this is as follows:
STEP 1. Determine number of goods displaced.
STEP 2. Determine value of goods displaced per unit.
STEP 3. Calculate total value of goods displaced (number of goods displaced) x (value of goods displaced per
unit).
STEP 4. Include the current market value of goods in the numerator and denominator of the Green Spend
Calculation.
Revised 10.15.2021 Page 37 of 39
Method 3 Example:
For this example, a dining operation uses reusable to-go containers and tracks their usage. 500
reusable to-go containers are used in a year.
STEP 1. Determine number of goods displaced
From the example above, 500 to-go containers are displaced
STEP 2. Determine value of goods displaced per unit
Alternative compostable to-go containers cost $0.20 each (on systemwide or local contract).
STEP 3. Calculate total value of goods displaced
500 compostable to-go containers x $0.20/container = $100
STEP 4: Add the value of the savings/reduction to both the numerator and the denominator of the
Green Spend equation for the product category:
Green Spend purchase per category + $100
( ) × 100
Total Addressable Spend in a given category + 100
Revised 10.15.2021 Page 38 of 39
Sustainable Spend
Sustainable Spend is a concept the University is evaluating, looking at the intersection of Green and EaSR
Spend. UC Sustainable Spend is defined as spend that meets the criteria and requirements for Green Spend
as well as for Economically and Socially Responsible (EaSR) Spend. Thus, Sustainable Spend is defined as
the expenditures on products in a particular product category that are supplied by a business holding one of
the UC-recognized EaSR certifications, in addition to the product meeting the Preferred Level Green Spend
criteria.
Figure 1 below illustrates an example calculation for the percentage of Sustainable Spend for computers over
a given time period:
Expenditures on EPEAT® Gold certified computers from Small Business suppliers
( ) × 100
Total Addressable Spend on computers
Figure 1. Sustainable Spend for Computers
Revised 10.15.2021 Page 39 of 39
OMNIA PARTNERS EXHIBITS
EXHIBIT A - NATIONAL COOPERATIVE CONTRACT OBJECTIVES
1.0 Scope of National Cooperative Contract
Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master
Agreement or in the Administration Agreement between Supplier and OMNIA Partners.
1.1 Requirement
The University of California (hereinafter defined and referred to as “Principal Procurement
Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a
Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), is requesting
proposals for Hazardous and Medical Waste. The intent of this Request for Proposal is any contract
between Principal Procurement Agency and Supplier resulting from this Request for Proposal
(“Master Agreement”) be made available to other public agencies nationally, including state and
local governmental entities, public and private primary, secondary and higher education entities,
non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA
Partners’ cooperative purchasing program. The Principal Procurement Agency has executed a
Principal Procurement Agency Certificate with OMNIA Partners, an example of which is included
as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any
Public Agency is preceded by their registration with OMNIA Partners as a Participating Public
Agency in OMNIA Partners’ cooperative purchasing program. Registration with OMNIA Partners
as a Participating Public Agency is accomplished by Public Agencies entering into a Master
Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit
C, and by using the Master Agreement, any such Participating Public Agency agrees that it is
registered with OMNIA Partners, whether pursuant to the terms of the Master Intergovernmental
Purchasing Cooperative Agreement or as otherwise agreed to. The terms and pricing established in
the resulting Master Agreement between the Supplier and the Principal Procurement Agency will
be the same as that available to Participating Public Agencies through OMNIA Partners.
All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier
and each Participating Public Agency individually, and neither OMNIA Partners, any Principal
Procurement Agency nor any Participating Public Agency, including their respective agents,
directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages,
etc., incurred by any other Participating Public Agency. Supplier is responsible for knowing the tax
laws in each state.
This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA Partners’
requirements to market the resulting Master Agreement nationally to Public Agencies. Each section
in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing
Suppliers on a national level in order to serve Participating Public Agencies through OMNIA
Partners.
These requirements are incorporated into and are considered an integral part of this RFP. OMNIA
Partners reserves the right to determine whether or not to make the Master Agreement awarded by
the Principal Procurement Agency available to Participating Public Agencies, in its sole and
absolute discretion, and any party submitting a response to this RFP acknowledges that any award
by the Principal Procurement Agency does not obligate OMNIA Partners to make the Master
Agreement available to Participating Procurement Agencies.
1.2 Marketing, Sales and Administrative Support
During the term of the Master Agreement OMNIA Partners intends to provide marketing, sales,
partnership development and administrative support for Supplier pursuant to this section that
directly promotes the Supplier’s products and services to Participating Public Agencies through
Version November 7, 2022
OMNIA PARTNERS EXHIBITS
EXHIBIT A - NATIONAL COOPERATIVE CONTRACT OBJECTIVES
multiple channels, each designed to promote specific products and services to Public Agencies on a
national basis.
OMNIA Partners will assign the Supplier a Director of Partner Development who will serve as the
main point of contact for the Supplier and will be responsible for managing the overall relationship
between the Supplier and OMNIA Partners. The Director of Partner Development will work with
the Supplier to develop a comprehensive strategy to promote the Master Agreement and will connect
the Supplier with appropriate stakeholders within OMNIA Partners including, Sales, Marketing,
Contracting, Training, and Operations & Support.
The OMNIA Partners marketing team will work in conjunction with Supplier to promote the Master
Agreement to both existing Participating Public Agencies and prospective Public Agencies through
channels that may include:
A. Marketing collateral (print, electronic, email, presentations)
B. Website
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media
The OMNIA Partners sales teams will work in conjunction with Supplier to promote the Master
Agreement to both existing Participating Public Agencies and prospective Public Agencies through
initiatives that may include:
A. Individual sales calls
B. Joint sales calls
C. Communications/customer service
D. Training sessions for Public Agency teams
E. Training sessions for Supplier teams
The OMNIA Partners contracting teams will work in conjunction with Supplier to promote the
Master Agreement to both existing Participating Public Agencies and prospective Public Agencies
through:
A. Serving as the subject matter expert for questions regarding joint powers authority and state
statutes and regulations for cooperative purchasing
B. Training sessions for Public Agency teams
C. Training sessions for Supplier teams
D. Regular business reviews to monitor program success
E. General contract administration
Suppliers are required to pay an Administrative Fee of three percent (3%) of the greater of the
Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for
Proposal. Supplier will be required to execute the OMNIA Partners Administration Agreement
(Exhibit B). At Supplier’s option, Suppliers may pay additional fees beyond administrative fees,
such as technology fees, to OMNIA Partners and/or a third party for additional support and/or access
to OMNIA Partners’ technology platform.
Version November 7, 2022
OMNIA PARTNERS EXHIBITS
EXHIBIT A - NATIONAL COOPERATIVE CONTRACT OBJECTIVES
1.3 Estimated Volume
The dollar volume purchased under the Master Agreement is estimated to be approximately $50M
annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is
projected based on the current annual volumes among the Principal Procurement Agency, other
Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be
made available to them through OMNIA Partners, and volume growth into other Public Agencies
through a coordinated marketing approach between Supplier and OMNIA Partners.
1.4 Award Basis
The basis of any contract award resulting from this RFP made by Principal Procurement Agency
will, at OMNIA Partners’ option, be the basis of award on a national level through OMNIA Partners.
If multiple Suppliers are awarded by Principal Procurement Agency under the Master Agreement,
those same Suppliers will be required to extend the Master Agreement to Participating Public
Agencies through OMNIA Partners. Utilization of the Master Agreement by Participating Public
Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of
the Master Agreement specifically applicable to the Principal Procurement Agency (e.g., governing
law) are subject to modification for each Participating Public Agency as Supplier and such
Participating Public Agency may agree without being in conflict with the Master Agreement as a
condition of the Participating Agency’s purchase and not a modification of the Master Agreement
applicable to all Participating Agencies. Participating Agencies may request to enter into a separate
supplemental agreement to further define the level of service requirements over and above the
minimum defined in the Master Agreement (e.g., governing law, invoice requirements, order
requirements, specialized delivery, diversity requirements such as minority and woman owned
businesses, historically underutilized business, etc.) (“Supplemental Agreement”). It shall be the
responsibility of the Supplier to comply, when applicable, with the prevailing wage legislation in
effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the
Supplier to monitor the prevailing wage rates as established by the appropriate department of labor
for any increase in rates during the term of the Master Agreement and adjust wage rates accordingly.
In instances where supplemental terms and conditions create additional risk and cost for Supplier,
Supplier and Participating Public Agency may negotiate additional pricing above and beyond the
stated contract not-to-exceed pricing so long as the added price is commensurate with the additional
cost incurred by the Supplier. Any supplemental agreement developed as a result of the Master
Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are
reported to OMNIA Partners).
All signed Supplemental Agreements and purchase orders issued and accepted by the Supplier may
survive expiration or termination of the Master Agreement. Participating Agencies’ purchase orders
may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration
of the Master Agreement. Supplier is responsible for reporting all sales and paying the applicable
Administrative Fee for sales that use the Master Agreement as the basis for the purchase order, even
though Master Agreement may have expired.
1.5 Objectives of Cooperative Program
This RFP is intended to achieve the following objectives regarding availability through OMNIA
Partners’ cooperative program:
A. Provide a comprehensive competitively solicited and awarded national agreement offering the
Products covered by this solicitation to Participating Public Agencies;
B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public
Agencies nationwide;
Version November 7, 2022
OMNIA PARTNERS EXHIBITS
EXHIBIT A - NATIONAL COOPERATIVE CONTRACT OBJECTIVES
C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that
will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need
to conduct their own solicitation process;
D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost
effective pricing.
2.0 REPRESENTATIONS AND COVENANTS
As a condition to Supplier entering into the Master Agreement, which would be available to all Public
Agencies, Supplier must make certain representations, warranties and covenants to both the Principal
Procurement Agency and OMNIA Partners designed to ensure the success of the Master Agreement for all
Participating Public Agencies as well as the Supplier.
2.1 Corporate Commitment
Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations
and support of the Supplier’s executive management, (2) the Master Agreement is Supplier's
primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to
all Public Agencies, including any existing customers, and Supplier will transition existing
customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees
to the terms and conditions of the Administration Agreement with OMNIA Partners and will execute
such agreement concurrent with and as a condition of its execution of the Master Agreement with
the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a
separate national account manager within the RFP response that will be responsible for the overall
management of the Master Agreement.
2.2 Pricing Commitment
Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its
lowest available (net to buyer) to Public Agencies nationwide and further commits that if a
Participating Public Agency is eligible for lower pricing through a national, state, regional or local
or cooperative contract, the Supplier will match such lower pricing to that Participating Public
Agency under the Master Agreement.
2.3 Sales Commitment
Supplier commits to aggressively market the Master Agreement as its go to market strategy in this
defined sector and that its sales force will be trained, engaged and committed to offering the Master
Agreement to Public Agencies through OMNIA Partners nationwide. Supplier commits that all
Master Agreement sales will be accurately and timely reported to OMNIA Partners in accordance
with the OMNIA Partners Administration Agreement. Supplier also commits its sales force will be
compensated, including sales incentives, for sales to Public Agencies under the Master Agreement
in a consistent or better manner compared to sales to Public Agencies if the Supplier were not
awarded the Master Agreement.
Version November 7, 2022
OMNIA PARTNERS EXHIBITS
EXHIBIT B- ADMINISTRATION AGREEMENT, EXAMPLE
ADMINISTRATION AGREEMENT
THIS ADMINISTRATION AGREEMENT (this “Agreement”) is made this ___ day of
______ 20___, between National Intergovernmental Purchasing Alliance Company, a Delaware
corporation d/b/a OMNIA Partners Public Sector (“OMNIA Partners”), and ________________
(“Supplier”).
RECITALS
WHEREAS, the ___________________ (the “Principal Procurement Agency”) has entered
into a Master Agreement dated _________________, Agreement No_______, by and between the
Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance
with the terms thereof, the “Master Agreement”), as attached hereto as Exhibit A and incorporated
herein by reference as though fully set forth herein, for the purchase of
___________________________ (the “Product”);
WHEREAS, said Master Agreement provides that any or all public agencies, including state
and local governmental entities, public and private primary, secondary and higher education entities,
non-profit entities, and agencies for the public benefit (collectively, “Public Agencies”), that register
(either via registration on the OMNIA Partners website or execution of a Master Intergovernmental
Cooperative Purchasing Agreement, attached hereto as Exhibit B) (each, hereinafter referred to as a
“Participating Public Agency”) may purchase Product at prices stated in the Master Agreement;
WHEREAS, Participating Public Agencies may access the Master Agreement which is
offered through OMNIA Partners to Public Agencies;
WHEREAS, OMNIA Partners serves as the contract administrator of the Master Agreement
on behalf of Principal Procurement Agency;
WHEREAS, Principal Procurement Agency desires OMNIA Partners to proceed with
administration of the Master Agreement; and
WHEREAS, OMNIA Partners and Supplier desire to enter into this Agreement to make
available the Master Agreement to Participating Public Agencies and to set forth certain terms and
conditions governing the relationship between OMNIA Partners and Supplier.
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual
covenants contained in this Agreement, OMNIA Partners and Supplier hereby agree as follows:
DEFINITIONS
1. Capitalized terms used in this Agreement and not otherwise defined herein shall have
the meanings given to them in the Master Agreement.
TERMS AND CONDITIONS
2. The Master Agreement and the terms and conditions contained therein shall apply to
this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges
and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s
response thereto resulting in the Master Agreement are incorporated herein and are an integral part
hereof.
3. OMNIA Partners shall be afforded all of the rights, privileges and indemnifications
afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such
rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners,
its agents, employees, directors, and representatives under this Agreement including, but not limited
to, Supplier’s obligation to obtain appropriate insurance.
4. OMNIA Partners shall perform all of its duties, responsibilities and obligations as
contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set
forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and
obligations will be undertaken by OMNIA Partners solely in its capacity as the contract administrator
under the Master Agreement.
5. With respect to any purchases by Principal Procurement Agency or any Participating
Public Agency pursuant to the Master Agreement, OMNIA Partners shall not be: (i) construed as a
dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement
Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for
Product made by Principal Procurement Agency or any Participating Public Agency or any employee
thereof under the Master Agreement or for any payment required to be made with respect to such
order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement
Agency or any Participating Public Agency to comply with procedures or requirements of applicable
law or the Master Agreement or to obtain the due authorization and approval necessary to purchase
under the Master Agreement. OMNIA Partners makes no representation or guaranty with respect to
any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any
employee thereof under this Agreement or the Master Agreement.
6. OMNIA Partners shall not be responsible for Supplier’s performance under the Master
Agreement, and Supplier shall hold OMNIA Partners harmless from any liability that may arise from
the acts or omissions of Supplier in connection with the Master Agreement.
7. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA
PARTNERS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS
AND WARRANTIES REGARDING OMNIA PARTNERS’ PERFORMANCE AS A CONTRACT
ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA PARTNERS SHALL NOT BE
LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERM OF AGREEMENT; TERMINATION
8. This Agreement shall be in effect so long as the Master Agreement remains in effect,
provided, however, that the provisions of Sections 3 – 8 and 12 – 23, hereof and the indemnifications
afforded by the Supplier to OMNIA Partners in the Master Agreement, to the extent such provisions
survive any expiration or termination of the Master Agreement, shall survive the expiration or
termination of this Agreement.
9. Supplier’s failure to maintain its covenants and commitments contained in this
Agreement or any action of the Supplier which gives rise to a right by Principal Procurement Agency
to terminate the Master Agreement shall constitute a material breach of this Agreement. If such
breach is not cured within thirty (30) days of written notice to Supplier, in addition to any and all
remedies available at law or equity, OMNIA Partners shall have the right to terminate this Agreement,
at OMNIA Partners’ sole discretion. Notwithstanding anything contained herein to the contrary, this
Agreement shall terminate on the date of the termination or expiration of the Master Agreement.
NATIONAL PROMOTION
10. OMNIA Partners and Supplier shall publicize and promote the availability of the
Master Agreement’s products and services to Public Agencies and such agencies’ employees.
Supplier shall require each Public Agency to register its participation in the OMNIA Partners program
by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector), or
executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the
Participating Public Agency’s first sales order. Upon request, Supplier shall make available to
interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be
necessary for such Public Agencies to evaluate potential purchases.
11. Supplier shall provide such marketing and administrative support as set forth in the
solicitation resulting in the Master Agreement, including assisting in development of marketing
materials as reasonably requested by Principal Procurement Agency and OMNIA Partners. Supplier
shall be responsible for obtaining permission or license of use and payment of any license fees for all
content and images Supplier provides to OMNIA Partners or posts on the OMNIA Partners website.
Supplier shall indemnify, defend and hold harmless OMNIA Partners for use of all such content and
images including copyright infringement claims. Supplier and OMNIA Partners each hereby grant to
the other party a limited, revocable, non-transferable, non-sublicensable right to use such party’s logo
(each, the “Logo”) solely for use in marketing the Master Agreement. Each party shall provide the
other party with the standard terms of use of such party’s Logo, and such party shall comply with
such terms in all material respects. Both parties shall obtain approval from the other party prior to
use of such party’s Logo. Notwithstanding the foregoing, the parties understand and agree that except
as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon
termination of this Agreement, each party shall immediately cease use of the other party’s Logo.
ADMINISTRATIVE FEE, REPORTING & PAYMENT
12. An “Administrative Fee” shall be defined and due to OMNIA Partners from Supplier
in the amount of __ percent (__%) (“Administrative Fee Percentage”) multiplied by the total purchase
amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products
and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the
Master Agreement (as amended from time to time and including any renewal thereof) (“Contract
Sales”). From time to time the parties may mutually agree in writing to a lower Administrative Fee
Percentage for a specifically identified Participating Public Agency’s Contract Sales.
13. Supplier shall provide OMNIA Partners with an electronic accounting report monthly,
in the format prescribed by OMNIA Partners, summarizing all Contract Sales for each calendar
month. The Contract Sales reporting format is provided as Exhibit C (“Contract Sales Report”),
attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month
shall be provided by Supplier to OMNIA Partners by the 10th day of the following month. Failure to
provide a Contract Sales Report within the time and manner specified herein shall constitute a material
breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall
be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole
discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
14. Administrative Fee payments are to be paid by Supplier to OMNIA Partners at the
frequency and on the due date stated in Section 13, above, for Supplier’s submission of corresponding
Contract Sales Reports. Administrative Fee payments are to be made via Automated Clearing House
(ACH) to the OMNIA Partners designated financial institution identified in Exhibit D. Failure to
provide a payment of the Administrative Fee within the time and manner specified herein shall
constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice
to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal
Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and
one-half percent (1 1/2%) per month or the maximum rate permitted by law until paid in full.
15. Supplier shall maintain an accounting of all purchases made by Participating Public
Agencies under the Master Agreement. OMNIA Partners, or its designee, in OMNIA Partners’ sole
discretion, reserves the right to compare Participating Public Agency records with Contract Sales
Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners receives
such report. In addition, OMNIA Partners may engage a third party to conduct an independent audit
of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materials
reasonably requested relating to such audit by OMNIA Partners at the location designated by OMNIA
Partners. In the event an underreporting of Contract Sales and a resulting underpayment of
Administrative Fees is revealed, OMNIA Partners will notify the Supplier in writing. Supplier will
have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners’
reasonable satisfaction, including payment of any Administrative Fees due and owing, together with
interest thereon in accordance with Section 13, and reimbursement of OMNIA Partners’ costs and
expenses related to such audit.
GENERAL PROVISIONS
16. This Agreement, the Master Agreement and the exhibits referenced herein supersede
any and all other agreements, either oral or in writing, between the parties hereto with respect to the
subject matter hereto and no other agreement, statement, or promise relating to the subject matter of
this Agreement which is not contained or incorporated herein shall be valid or binding. In the event
of any conflict between the provisions of this Agreement and the Master Agreement, as between
OMNIA Partners and Supplier, the provisions of this Agreement shall prevail.
17. If any action at law or in equity is brought to enforce or interpret the provisions of this
Agreement or to recover any Administrative Fee and accrued interest, the prevailing party shall be
entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be
entitled.
18. This Agreement and OMNIA Partners’ rights and obligations hereunder may be
assigned at OMNIA Partners’ sole discretion to an affiliate of OMNIA Partners, any purchaser of any
or all or substantially all of the assets of OMNIA Partners, or the successor entity as a result of a
merger, reorganization, consolidation, conversion or change of control, whether by operation of law
or otherwise. Supplier may not assign its obligations hereunder without the prior written consent of
OMNIA Partners.
19. All written communications given hereunder shall be delivered by first-class mail,
postage prepaid, or overnight delivery on receipt to the addresses as set forth below.
A. OMNIA Partners:
OMNIA Partners
Attn: President
840 Crescent Centre Drive
Suite 600
Franklin, TN 37067
B. Supplier:
[____________________]
[____________________]
[____________________]
[____________________]
20. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal,
inoperative or unenforceable, the same shall not affect any other provision or provisions herein
contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this
Agreement will be construed by limiting or invalidating such provision to the minimum extent
necessary to make such provision valid, legal and enforceable.
21. This Agreement may not be amended, changed, modified, or altered without the prior
written consent of the parties hereto, and no provision of this Agreement may be discharged or
waived, except by a writing signed by the parties. A waiver of any particular provision will not be
deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply
to any other occasion.
22. This Agreement shall inure to the benefit of and shall be binding upon OMNIA
Partners, the Supplier and any respective successor and assign thereto; subject, however, to the
limitations contained herein.
23. This Agreement will be construed under and governed by the laws of the State of
Delaware, excluding its conflicts of law provisions and any action arising out of or related to this
Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson
County Tennessee.
24. This Agreement may be executed in counterparts, each of which is an original but all
of which, together, shall constitute but one and the same instrument. The exchange of copies of this
Agreement and of signature pages by facsimile, or by .pdf or similar electronic transmission, will
constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of
the original Agreement for all purposes. Signatures of the parties transmitted by facsimile, or by .pdf or
similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever.
[INSERT SUPPLIER ENTITY NAME] NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE COMPANY
d/b/a OMNIA Partners Public Sector
Signature Signature
Sarah Vavra
Name Name
Sr. Vice President, Public Sector Contracting
Title Title
Date Date
OMNIA PARTNERS EXHIBITS
EXHIBIT C – MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT,
EXAMPLE
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is
entered into by and between those certain government agencies that execute a Principal
Procurement Agency Certificate (“Principal Procurement Agencies”) with National
Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners
Public Sector (“OMNIA Partners”) to be appended and made a part hereof and such other public
agencies (“Participating Public Agencies”) who register to participate in the cooperative purchasing
programs administered by OMNIA Partners and its affiliates and subsidiaries (collectively, the
“OMNIA Partners Parties”) by either registering on a OMNIA Partners Party website (such as
www.omniapartners.com/publicsector or www.nationalipa.org or any successor website), or by
executing a copy of this Agreement.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Principal Procurement
Agencies, in compliance with their own policies, procedures, rules and regulations, a number of
suppliers have entered into “Master Agreements” (herein so called) to provide a variety of goods,
products and services (“Products”) to the applicable Principal Procurement Agency and the
Participating Public Agencies;
WHEREAS, Master Agreements are made available by Principal Procurement Agencies
through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase
Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject
to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase;
and
WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time
to time offer Participating Public Agencies the opportunity to acquire Products through other group
purchasing agreements.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement,
and of the mutual benefits to result, the parties hereby agree as follows:
1. Each party will facilitate the cooperative procurement of Products.
2. The Participating Public Agencies shall procure Products in accordance with and
subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern
Participating Public Agency’s procurement practices. The Participating Public Agencies hereby
acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and
that Principal Procurement Agencies’ participation in the program described herein comply with all
applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(h), as may
be amended from time to time. The Participating Public Agencies further acknowledge and agree
that they are solely responsible for their compliance with all applicable “safe harbor” regulations,
Requirements for National Cooperative Contract
Page 16 of 44
including but not limited to any and all obligations to fully and accurately report discounts and
incentives.
3. The Participating Public Agency represents and warrants that the Participating Public
Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a
hospital or healthcare provider.
4. The cooperative use of Master Agreements shall be in accordance with the terms and
conditions of the Master Agreements, except as modification of those terms and conditions is
otherwise required by applicable federal, state or local law, policies or procedures.
5. The Principal Procurement Agencies will make available, upon reasonable request,
Master Agreement information which may assist in improving the procurement of Products by the
Participating Public Agencies.
6. The Participating Public Agency agrees the OMNIA Partners Parties may provide
access to group purchasing organization (“GPO”) agreements directly or indirectly by enrolling the
Participating Public Agency in another GPO’s purchasing program, including but not limited to
Vizient Source, LLC, Provista, Inc. and other OMNIA Partners affiliates and subsidiaries; provided
the purchase of Products through a OMNIA Partners Party or any other GPO shall be at the
Participating Public Agency’s sole discretion.
7. The Participating Public Agencies (each a “Procuring Party”) that procure Products
through any Master Agreement or GPO Product supply agreement (each a “GPO Contract”) will
make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”)
for Products received in accordance with the terms and conditions of the Master Agreement or GPO
Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered
by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between
Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of
the State of purchase unless otherwise agreed to by the Procuring Party and Supplier.
8. The Procuring Party shall not use this Agreement as a method for obtaining additional
concessions or reduced prices for purchase of similar products or services outside of the Master
Agreement. Master Agreements may be structured with not-to-exceed pricing, in which cases the
Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or
additional concessions for purchase of Products through a Master Agreement.
9. The Procuring Party shall be responsible for the ordering of Products under this
Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring
Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring
party harmless from any liability that may arise from the acts or omissions of the Procuring Party.
10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
NATIONAL IPA PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED
REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER
AGREEMENT AND GPO CONTRACT. THE NATIONAL IPA PARTIES SHALL NOT BE
LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
Requirements for National Cooperative Contract
Page 17 of 44
EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE NATIONAL IPA
PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE
PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE NATIONAL IPA
PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER
OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT.
11. This Agreement shall remain in effect until termination by either party giving thirty
(30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive
any such termination.
12. This Agreement shall take effect upon (i) execution of the Principal Procurement
Agency Certificate, or (ii) the registration on a OMNIA Partners Party website or the execution of
this Agreement by a Participating Public Agency, as applicable.
Requirements for National Cooperative Contract
Page 18 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT D – OMNIA PARTNERS PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE
In its capacity as a Principal Procurement Agency (as defined below) for National
Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners
Public Sector (“OMNIA Partners”), [NAME OF PPA] agrees to pursue Master Agreements for
Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate.
I hereby acknowledge, in my capacity as _____________ of and on behalf of [NAME OF PPA]
(“Principal Procurement Agency”), that I have read and hereby agree to the general terms and
conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement
regulating the use of the Master Agreements and purchase of Products that from time to time are
made available by Principal Procurement Agencies to Participating Public Agencies nationwide
through OMNIA Partners.
I understand that the purchase of one or more Products under the provisions of the Master
Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the
Participating Public Agency.
Authorized Signature, [PRINCIPAL PROCUREMENT AGENCY]
Signature
Name
Title
Date
Requirements for National Cooperative Contract
Page 19 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT D - PRINCIPAL PROCUREMENT AGENCY CERTIFICATE EXAMPLE FOR UCOP
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE
In its capacity as a Principal Procurement Agency (as defined below) for National
Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners,
Public Sector (“OMNIA Partners”), [NAME OF PPA] agrees to pursue Master Agreements for
Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate.
I hereby acknowledge, in my capacity as _____________ of and on behalf of [NAME OF PPA]
(“Principal Procurement Agency”), that I have read and hereby agree to the general terms and
conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement
regulating the use of the Master Agreements and purchase of Products that from time to time are
made available by Principal Procurement Agencies to Participating Public Agencies nationwide
through OMNIA Partners.
I understand that the purchase of one or more Products under the provisions of the Master
Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the
Participating Public Agency.
Authorized Signature, [PRINCIPAL PROCUREMENT AGENCY]
Signature
Name
Title
Date
Version February 1, 2021
OMNIA PARTNERS EXHIBITS
EXHIBIT E – OMNIA PARTNERS CONTRACT SALES REPORTING TEMPLATE
OMNIA PARTNERS EXHIBITS
EXHIBIT C - CONTRACT SALES REPORTING TEMPLATE
(to be submitted electronically in Microsoft Excel format)
OMNIA Partners Contract Sales Monthly Report
Supplier Name:
Contract Sales Report Month:
Contract ID:
Supplier Reporting Contact:
Title:
Phone:
Email:
Participating
Agency # Transaction
Contract
{Assigned by Date Admin Admin
Participating Agency Name Address City State Zip Code Sales for
National IPA (Date of Fee % Fee $
Month ($)
and provided Sale)
to Supplier}
Report Totals
Cumulative Contract Sales
Requirements for National Cooperative Contract
Page 20 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT F- FEDERAL FUNDS CERTIFICATIONS
FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
TO WHOM IT MAY CONCERN:
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be
completed and returned with proposal.
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.
Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights
and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either
party.
Does offeror agree? YES Initials of Authorized Representative of offeror
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right
to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or
default of the agreement by Offeror in the event Offeror fails to: (1) meet schedules, deadlines, and/or delivery dates within the time
specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform
in accordance with the contract and/or the procurement solicitation. Participating Agency also reserves the right to terminate the
contract immediately, with written notice to offeror, for convenience, if Participating Agency believes, in its sole discretion that it is
in the best interest of Participating Agency to do so. Offeror will be compensated for work performed and accepted and goods
accepted by Participating Agency as of the termination date if the contract is terminated for convenience of Participating Agency. Any
award under this procurement process is not exclusive and Participating Agency
reserves the right to purchase goods and services from other offerors when it is in Participating Agency’s best interest.
Does offeror agree? YES Initials of Authorized Representative of offeror
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the
definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction
contract, the equal opportunity clause is incorporated by reference herein.
Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance
with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29
CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Requirements for National Cooperative Contract
Page 21 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT F- FEDERAL FUNDS CERTIFICATIONS
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.
Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all
contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions.
Does offeror agree? YES Initials of Authorized Representative of offeror
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the
non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision
for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in
compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all
contracts by Participating Agency resulting from this procurement process.
Does offeror agree? YES Initials of Authorized Representative of offeror
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding
agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding
agency.
Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the
term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with
all applicable requirements as referenced in Federal Rule (F) above.
Does offeror agree? YES Initials of Authorized Representative of offeror
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—
Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award
to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Requirements for National Cooperative Contract
Page 22 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT F- FEDERAL FUNDS CERTIFICATIONS
Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the
term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees
to comply with all applicable requirements as referenced in Federal Rule (G) above.
Does offeror agree? YES Initials of Authorized Representative of offeror
(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.
Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the
term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither
it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation by any federal department or agency.
Does offeror agree? YES Initials of Authorized Representative of offeror
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the
term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the
offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The
undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an
employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making
of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of a Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an
employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete
and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-
awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.
Does offeror agree? YES Initials of Authorized Representative of offeror
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies
that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will
retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final
expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
Does offeror agree? YES Initials of Authorized Representative of offeror
Requirements for National Cooperative Contract
Page 23 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT F- FEDERAL FUNDS CERTIFICATIONS
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).
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit
Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to
provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request.
Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and
open competition.
Does offeror agree? YES Initials of Authorized Representative of offeror
PROCUREMENT OF RECOVERED MATERIALS REQUIREMENTS FOR – 2 C.F.R. §200.322
Participating Agency and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner
that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines..
Does Vendor agree? YES Initials of Authorized Representative of Vendor
CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any
books, documents, papers and records of offeror that are directly pertinent to offeror’s discharge of its obligations under the Contract
for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access
to offeror’s personnel for the purpose of interview and discussion relating to such documents.
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF AFFORDABLE CARE ACT
Offeror understands and agrees that it shall be solely responsible for compliance with the patient Protection and Affordable Care Act,
Public Law 111-148 and the Health Care and Education Reconciliation Act 111-152 (collectively the Affordable Care Act “ACA”). The
Offeror shall bear sole responsibility for providing health care benefits for its employees who provide services as required by Federal
law.
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Does offeror agree? YES Initials of Authorized Representative of offeror
Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is
further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically
noted above.
Offeror’s Name: ____________________________________________________________________________________________
Requirements for National Cooperative Contract
Page 24 of 44
Address, City, State, and Zip Code: _____________________________________________________________________________
Phone Number:___________________________________ Fax Number: ______________________________________
Printed Name and Title of Authorized Representative:______________________________________________________________________
Email Address: ____________________________________________________________________________________________
Signature of Authorized Representative: ____________________________Date: _________________________________
Requirements for National Cooperative Contract
Page 25 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and
procedures required under New Jersey statues. All offerors submitting proposals must complete the
following forms specific to the State of New Jersey. Completed forms should be submitted with the
offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA
Partners’ ability to promote the Master Agreement in the State of New Jersey.
DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran
DOC #7 New Jersey Business Registration Certificate
New Jersey suppliers are required to comply with the following New Jersey statutes when
applicable:
• all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A.
10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38;
• Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the
Act;
• Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and
• Bid and Performance Security, as required by the applicable municipal or state statutes.
Requirements for National Cooperative Contract
Page 26 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #1
OWNERSHIP DISCLOSURE FORM
(N.J.S. 52:25-24.2)
Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law),
the offeror shall complete the form attached to these specifications listing the persons owning 10 percent (10%)
or more of the firm presenting the proposal.
Company Name:
Street:
City, State, Zip Code:
Complete as appropriate:
I _______________________________________, certify that I am the sole owner of
____________________________________, that there are no partners and the business is not
incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply.
OR:
I _______________________________________, a partner in___________________________, do hereby
certify that the following is a list of all individual partners who own a 10% or greater interest therein. I
further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set
forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the
individual partners owning 10% or greater interest in that partnership.
OR:
I _______________________________________, an authorized representative of
______________________, a corporation, do hereby certify that the following is a list of the names and
addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further
certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set
forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the
individual partners owning a 10% or greater interest in that partnership.
(Note: If there are no partners or stockholders owning 10% or more interest, indicate none.)
Name Address Interest
I further certify that the statements and information contained herein, are complete and correct to the best of
my knowledge and belief.
Date Authorized Signature and Title
Requirements for National Cooperative Contract
Page 27 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #2
NON-COLLUSION AFFIDAVIT
Company Name: ________________________________________
Street: ________________________________________________
City, State, Zip Code:____________________________________
State of ________________________________________________
County of ______________________________________________
I, of the_______________________________________________
Name City
in the County of ____________________________, State of _______________________________
of full age, being duly sworn according to law on my oath depose and say that:
I am the _________________________of the firm of _____________________________________
Title Company Name
the Offeror making the Proposal for the goods, services or public work specified under the attached
proposal, and that I executed the said proposal with full authority to do so; that said Offeror has not
directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken
any action in restraint of free, competitive bidding in connection with the above proposal, and that
all statements contained in said proposal and in this affidavit are true and correct, and made with
full knowledge that relies upon the truth of the statements contained in said proposal and in the
statements contained in this affidavit in awarding the contract for the said goods, services or public
work.
I further warrant that no person or selling agency has been employed or retained to solicit or secure
such contract upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, except bona fide employees or bona fide established commercial or selling agencies
maintained by
Company Name Authorized Signature & Title
Subscribed and sworn before me
this ______ day of ______________, 20____
__________________________________________
Notary Public of ______________________
My commission expires _________________, 20____
Requirements for National Cooperative Contract
Page 28 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and
procedures required under New Jersey statues. All offerors submitting proposals must complete the
following forms specific to the State of New Jersey. Completed forms should be submitted with the
offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA
Partners’ ability to promote the Master Agreement in the State of New Jersey.
DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran
DOC #7 New Jersey Business Registration Certificate
New Jersey suppliers are required to comply with the following New Jersey statutes when
applicable:
• all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A.
10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38;
• Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the
Act;
• Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and
• Bid and Performance Security, as required by the applicable municipal or state statutes.
Requirements for National Cooperative Contract
Page 26 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #1
OWNERSHIP DISCLOSURE FORM
(N.J.S. 52:25-24.2)
Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law),
the offeror shall complete the form attached to these specifications listing the persons owning 10 percent (10%)
or more of the firm presenting the proposal.
Company Name:
Street:
City, State, Zip Code:
Complete as appropriate:
I _______________________________________, certify that I am the sole owner of
____________________________________, that there are no partners and the business is not
incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply.
OR:
I _______________________________________, a partner in___________________________, do hereby
certify that the following is a list of all individual partners who own a 10% or greater interest therein. I
further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set
forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the
individual partners owning 10% or greater interest in that partnership.
OR:
I _______________________________________, an authorized representative of
______________________, a corporation, do hereby certify that the following is a list of the names and
addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further
certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set
forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the
individual partners owning a 10% or greater interest in that partnership.
(Note: If there are no partners or stockholders owning 10% or more interest, indicate none.)
Name Address Interest
I further certify that the statements and information contained herein, are complete and correct to the best of
my knowledge and belief.
Date Authorized Signature and Title
Requirements for National Cooperative Contract
Page 27 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #2
NON-COLLUSION AFFIDAVIT
Company Name: ________________________________________
Street: ________________________________________________
City, State, Zip Code:____________________________________
State of ________________________________________________
County of ______________________________________________
I, of the_______________________________________________
Name City
in the County of ____________________________, State of _______________________________
of full age, being duly sworn according to law on my oath depose and say that:
I am the _________________________of the firm of _____________________________________
Title Company Name
the Offeror making the Proposal for the goods, services or public work specified under the attached
proposal, and that I executed the said proposal with full authority to do so; that said Offeror has not
directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken
any action in restraint of free, competitive bidding in connection with the above proposal, and that
all statements contained in said proposal and in this affidavit are true and correct, and made with
full knowledge that relies upon the truth of the statements contained in said proposal and in the
statements contained in this affidavit in awarding the contract for the said goods, services or public
work.
I further warrant that no person or selling agency has been employed or retained to solicit or secure
such contract upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, except bona fide employees or bona fide established commercial or selling agencies
maintained by
Company Name Authorized Signature & Title
Subscribed and sworn before me
this ______ day of ______________, 20____
__________________________________________
Notary Public of ______________________
My commission expires _________________, 20____
Requirements for National Cooperative Contract
Page 28 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #1
OWNERSHIP DISCLOSURE FORM
(N.J.S. 52:25-24.2)
Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law),
the offeror shall complete the form attached to these specifications listing the persons owning 10 percent (10%)
or more of the firm presenting the proposal.
Company Name:
Street:
City, State, Zip Code:
Complete as appropriate:
I _______________________________________, certify that I am the sole owner of
____________________________________, that there are no partners and the business is not
incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply.
OR:
I _______________________________________, a partner in___________________________, do hereby
certify that the following is a list of all individual partners who own a 10% or greater interest therein. I
further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set
forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the
individual partners owning 10% or greater interest in that partnership.
OR:
I _______________________________________, an authorized representative of
______________________, a corporation, do hereby certify that the following is a list of the names and
addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further
certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set
forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the
individual partners owning a 10% or greater interest in that partnership.
(Note: If there are no partners or stockholders owning 10% or more interest, indicate none.)
Name Address Interest
I further certify that the statements and information contained herein, are complete and correct to the best of
my knowledge and belief.
Date Authorized Signature and Title
Requirements for National Cooperative Contract
Page 27 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #2
NON-COLLUSION AFFIDAVIT
Company Name: ________________________________________
Street: ________________________________________________
City, State, Zip Code:____________________________________
State of ________________________________________________
County of ______________________________________________
I, of the_______________________________________________
Name City
in the County of ____________________________, State of _______________________________
of full age, being duly sworn according to law on my oath depose and say that:
I am the _________________________of the firm of _____________________________________
Title Company Name
the Offeror making the Proposal for the goods, services or public work specified under the attached
proposal, and that I executed the said proposal with full authority to do so; that said Offeror has not
directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken
any action in restraint of free, competitive bidding in connection with the above proposal, and that
all statements contained in said proposal and in this affidavit are true and correct, and made with
full knowledge that relies upon the truth of the statements contained in said proposal and in the
statements contained in this affidavit in awarding the contract for the said goods, services or public
work.
I further warrant that no person or selling agency has been employed or retained to solicit or secure
such contract upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, except bona fide employees or bona fide established commercial or selling agencies
maintained by
Company Name Authorized Signature & Title
Subscribed and sworn before me
this ______ day of ______________, 20____
__________________________________________
Notary Public of ______________________
My commission expires _________________, 20____
Requirements for National Cooperative Contract
Page 28 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and
procedures required under New Jersey statues. All offerors submitting proposals must complete the
following forms specific to the State of New Jersey. Completed forms should be submitted with the
offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA
Partners’ ability to promote the Master Agreement in the State of New Jersey.
DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran
DOC #7 New Jersey Business Registration Certificate
New Jersey suppliers are required to comply with the following New Jersey statutes when
applicable:
• all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A.
10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38;
• Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the
Act;
• Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and
• Bid and Performance Security, as required by the applicable municipal or state statutes.
Requirements for National Cooperative Contract
Page 26 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #1
OWNERSHIP DISCLOSURE FORM
(N.J.S. 52:25-24.2)
Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law),
the offeror shall complete the form attached to these specifications listing the persons owning 10 percent (10%)
or more of the firm presenting the proposal.
Company Name:
Street:
City, State, Zip Code:
Complete as appropriate:
I _______________________________________, certify that I am the sole owner of
____________________________________, that there are no partners and the business is not
incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply.
OR:
I _______________________________________, a partner in___________________________, do hereby
certify that the following is a list of all individual partners who own a 10% or greater interest therein. I
further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set
forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the
individual partners owning 10% or greater interest in that partnership.
OR:
I _______________________________________, an authorized representative of
______________________, a corporation, do hereby certify that the following is a list of the names and
addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further
certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set
forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the
individual partners owning a 10% or greater interest in that partnership.
(Note: If there are no partners or stockholders owning 10% or more interest, indicate none.)
Name Address Interest
I further certify that the statements and information contained herein, are complete and correct to the best of
my knowledge and belief.
Date Authorized Signature and Title
Requirements for National Cooperative Contract
Page 27 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #2
NON-COLLUSION AFFIDAVIT
Company Name: ________________________________________
Street: ________________________________________________
City, State, Zip Code:____________________________________
State of ________________________________________________
County of ______________________________________________
I, of the_______________________________________________
Name City
in the County of ____________________________, State of _______________________________
of full age, being duly sworn according to law on my oath depose and say that:
I am the _________________________of the firm of _____________________________________
Title Company Name
the Offeror making the Proposal for the goods, services or public work specified under the attached
proposal, and that I executed the said proposal with full authority to do so; that said Offeror has not
directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken
any action in restraint of free, competitive bidding in connection with the above proposal, and that
all statements contained in said proposal and in this affidavit are true and correct, and made with
full knowledge that relies upon the truth of the statements contained in said proposal and in the
statements contained in this affidavit in awarding the contract for the said goods, services or public
work.
I further warrant that no person or selling agency has been employed or retained to solicit or secure
such contract upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, except bona fide employees or bona fide established commercial or selling agencies
maintained by
Company Name Authorized Signature & Title
Subscribed and sworn before me
this ______ day of ______________, 20____
__________________________________________
Notary Public of ______________________
My commission expires _________________, 20____
Requirements for National Cooperative Contract
Page 28 of 44
SEAL
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #3
AFFIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
Company Name:
Street:
City, State, Zip Code:
Proposal Certification:
Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s
proposal will be accepted even if company is not in compliance at this time. No contract and/or
purchase order may be issued, however, until all Affirmative Action requirements are met.
Required Affirmative Action Evidence:
Procurement, Professional & Service Contracts (Exhibit A)
Vendors must submit with proposal:
1. A photo copy of their Federal Letter of Affirmative Action Plan Approval
OR
2. A photo copy of their Certificate of Employee Information Report
OR
3. A complete Affirmative Action Employee Information Report (AA302) ________
Public Work – Over $50,000 Total Project Cost:
A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form
AA201-A upon receipt from the
B. Approved Federal or New Jersey Plan – certificate enclosed
I further certify that the statements and information contained herein, are complete and correct to
the best of my knowledge and belief.
_______________________ _________________________________
Date Authorized Signature and Title
Requirements for National Cooperative Contract
Page 29 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #3, continued P.L. 1995, c. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE
CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual
orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and
that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry,
marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency
Compliance Officer setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to
age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency
contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer
pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent
with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to
P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the
applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2
promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including
employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis
of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will
discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel
testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state
of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off
to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex,
affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court
decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as
may be requested by the office from time to time in order to carry out the purposes of these regulations, and public
agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance
investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).
________________________________________________
Signature of Procurement Agent
Requirements for National Cooperative Contract
Page 30 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #4 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows
are instructions on the use of form local units can provide to contractors that are required to disclose political contributions
pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local
Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these
instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open”
process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be
submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents
or in an appropriate computer file and be available for public access. The form is worded to accept this alternate
submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public
agencies, including all public agencies that have elected officials in the county of the public agency, state legislative
positions, and various state entities. The Division of Local Government Services recommends that contractors be
provided a list of the affected agencies. This will assist contractors in determining the campaign and political
committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County
PCD Forms” link on the Pay-to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent
the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.
These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the
Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed
on the back of the form; where that is not the case, the text should be edited accordingly.
f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used
as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the
local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed
on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice
2006-7 for additional information on this obligation at
http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this package
and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to
Boards of Education.
Requirements for National Cooperative Contract
Page 31 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
Doc #4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-
20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions
to:
• any State, county, or municipal committee of a political party
• any legislative leadership committee*
• any continuing political committee (a.k.a., political action committee)
• any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located
o of another public entity within that county
o or of a legislative district in which that public entity is located or, when the public entity is a county, of
any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were
made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on
reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a
natural person. This includes the following:
• individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity
or 10% of the stock in the case of a business entity that is a corporation for profit
• all principals, partners, officers, or directors of the business entity or their spouses
• any subsidiaries directly or indirectly controlled by the business entity
• IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity
and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be
deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the
disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an
amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official
and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to
identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed
information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a
signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public
Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
*
N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for
the purpose of receiving contributions and making expenditures.”
Requirements for National Cooperative Contract
Page 32 of 44
OMNIA PARTNERS EXHIBITS
Doc #4, continued EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City: State: Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions
accompanying this form.
_______________________ _______________________ ________________________
Signature Printed Name Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable
political contributions (more than $300 per election cycle) over the 12 months prior to submission to
the committees of the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form
Contributor Name Recipient Name Date Dollar Amount
$
Check here if the information is continued on subsequent page(s)
Requirements for National Cooperative Contract
Page 33 of 44
OMNIA PARTNERS EXHIBITS
Doc #4, continued EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders County Clerk Sheriff
{County Executive} Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.
Requirements for National Cooperative Contract
Page 34 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #5
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders
holding 10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of
the undersigned.
Check the box that represents the type of business organization:
Partnership Corporation Sole Proprietorship
Limited Partnership Limited Liability Corporation Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Subscribed and sworn before me this ___ day of ___________, _________________________________
2__. (Affiant)
(Notary Public) ________________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
Requirements for National Cooperative Contract
Page 35 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #6
Certification of Non-Involvement in Prohibited Activities in Iran
Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents,
subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department
of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran
and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f).
Offerors wishing to do business in New Jersey through this contract must fill out the Certification of
Non-Involvement in Prohibited Activities in Iran here:
http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure_investmentact.pdf.
Offerors should submit the above form completed with their proposal.
Requirements for National Cooperative Contract
Page 36 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #7
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
(N.J.S.A. 52:32-44)
Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued
Business Registration Certificate with their proposal here. Failure to do so will disqualify the
Offeror from offering products or services in New Jersey through any resulting contract.
http://www.state.nj.us/treasury/revenue/forms/njreg.pdf
Requirements for National Cooperative Contract
Page 37 of 44
OMNIA PARTNERS EXHIBITS
EXHIBIT H- OMNIA PARTNERS ADVERTISING COMPLIANCE REQUIREMENT
Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following
public agencies and political subdivisions of the referenced public agencies are eligible to register with OMNIA Partners and access
the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for
proposals for purposes of complying with the procedural requirements of said statutes:
Nationwide:
State of Alabama State of Hawaii State of Massachusetts State of New Mexico State of South
Dakota
State of Alaska State of Idaho State of Michigan State of New York State of Tennessee
State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas
State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah
State of California State of Iowa State of Missouri State of Ohio State of Vermont
State of Colorado State of Kansas State of Montana State of Oklahoma State of Virginia
State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington
State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West
Virginia
State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin
State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming
District of Columbia
Lists of political subdivisions and local governments in the above referenced states / districts may be found at
http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments.
Certain Public Agencies and Political Subdivisions:
CITIES, TOWNS, VILLAGES AND BOROUGHS CITY OF KENNER, LA
INCLUDING BUT NOT LIMITED TO: CITY OF LA GRANDE, OR
BAKER CITY GOLF COURSE, OR CITY OF LAFAYETTE, LA
CITY OF ADAIR VILLAGE, OR CITY OF LAKE CHARLES, OR
CITY OF ASHLAND, OR CITY OF LEBANON, OR
CITY OF AUMSVILLE, OR CITY OF MCMINNVILLE, OR
CITY OF AURORA, OR CITY OF MEDFORD, OR
CITY OF BAKER, OR CITY OF METAIRIE, LA
CITY OF BATON ROUGE, LA CITY OF MILL CITY, OR
CITY OF BEAVERTON, OR CITY OF MILWAUKIE, OR
CITY OF BEND, OR CITY OF MONROE, LA
CITY OF BOARDMAN, OR CITY OF MOSIER, OR
CITY OF BONANAZA, OR CITY OF NEW ORLEANS, LA
CITY OF BOSSIER CITY, LA CITY OF NORTH PLAINS, OR
CITY OF BROOKINGS, OR CITY OF OREGON CITY, OR
CITY OF BURNS, OR CITY OF PILOT ROCK, OR
CITY OF CANBY, OR CITY OF PORTLAND, OR
CITY OF CANYONVILLE, OR CITY OF POWERS, OR
CITY OF CLATSKANIE, OR CITY OF PRINEVILLE, OR
CITY OF COBURG, OR CITY OF REDMOND, OR
CITY OF CONDON, OR CITY OF REEDSPORT, OR
CITY OF COQUILLE, OR CITY OF RIDDLE, OR
CITY OF CORVALLI, OR CITY OF ROGUE RIVER, OR
CITY OF CORVALLIS PARKS AND RECREATION CITY OF ROSEBURG, OR
DEPARTMENT, OR CITY OF SALEM, OR
CITY OF COTTAGE GROVE, OR CITY OF SANDY, OR
CITY OF DONALD, OR CITY OF SCAPPOOSE, OR
CITY OF EUGENE, OR CITY OF SHADY COVE, OR
CITY OF FOREST GROVE, OR CITY OF SHERWOOD, OR
CITY OF GOLD HILL, OR CITY OF SHREVEPORT, LA
CITY OF GRANTS PASS, OR CITY OF SILVERTON, OR
CITY OF GRESHAM, OR CITY OF SPRINGFIELD, OR
CITY OF HILLSBORO, OR CITY OF ST. HELENS, OR
CITY OF INDEPENDENCE, OR CITY OF ST. PAUL, OR
CITY AND COUNTY OF HONOLULU, HI CITY OF SULPHUR, LA
Requirements for National Cooperative Contract
Page 38 of 44
CITY OF TIGARD, OR ENOCH, UT
CITY OF TROUTDALE, OR ENTERPRISE, UT
CITY OF TUALATIN, OR EPHRAIM, UT
CITY OF WALKER, LA ESCALANTE, UT
CITY OF WARRENTON, OR EUREKA, UT
CITY OF WEST LINN, OR FAIRFIELD, UT
CITY OF WILSONVILLE, OR FAIRVIEW, UT
CITY OF WINSTON, OR FARMINGTON, UT
CITY OF WOODBURN, OR FARR WEST, UT
LEAGUE OF OREGON CITES FAYETTE, UT
THE CITY OF HAPPY VALLEY OREGON FERRON, UT
ALPINE, UT FIELDING, UT
ALTA, UT FILLMORE, UT
ALTAMONT, UT FOUNTAIN GREEN, UT
ALTON, UT FRANCIS, UT
AMALGA, UT FRUIT HEIGHTS, UT
AMERICAN FORK CITY, UT GARDEN CITY, UT
ANNABELLA, UT GARLAND, UT
ANTIMONY, UT GENOLA, UT
APPLE VALLEY, UT GLENDALE, UT
AURORA, UT GLENWOOD, UT
BALLARD, UT GOSHEN, UT
BEAR RIVER CITY, UT GRANTSVILLE, UT
BEAVER, UT GREEN RIVER, UT
BICKNELL, UT GUNNISON, UT
BIG WATER, UT HANKSVILLE, UT
BLANDING, UT HARRISVILLE, UT
BLUFFDALE, UT HATCH, UT
BOULDER, UT HEBER CITY CORPORATION, UT
CITY OF BOUNTIFUL, UT HELPER, UT
BRIAN HEAD, UT HENEFER, UT
BRIGHAM CITY CORPORATION, UT HENRIEVILLE, UT
BRYCE CANYON CITY, UT HERRIMAN, UT
CANNONVILLE, UT HIDEOUT, UT
CASTLE DALE, UT HIGHLAND, UT
CASTLE VALLEY, UT HILDALE, UT
CITY OF CEDAR CITY, UT HINCKLEY, UT
CEDAR FORT, UT HOLDEN, UT
CITY OF CEDAR HILLS, UT HOLLADAY, UT
CENTERFIELD, UT HONEYVILLE, UT
CENTERVILLE CITY CORPORATION, UT HOOPER, UT
CENTRAL VALLEY, UT HOWELL, UT
CHARLESTON, UT HUNTINGTON, UT
CIRCLEVILLE, UT HUNTSVILLE, UT
CLARKSTON, UT CITY OF HURRICANE, UT
CLAWSON, UT HYDE PARK, UT
CLEARFIELD, UT HYRUM, UT
CLEVELAND, UT INDEPENDENCE, UT
CLINTON CITY CORPORATION, UT IVINS, UT
COALVILLE, UT JOSEPH, UT
CORINNE, UT JUNCTION, UT
CORNISH, UT KAMAS, UT
COTTONWOOD HEIGHTS, UT KANAB, UT
DANIEL, UT KANARRAVILLE, UT
DELTA, UT KANOSH, UT
DEWEYVILLE, UT KAYSVILLE, UT
DRAPER CITY, UT KINGSTON, UT
DUCHESNE, UT KOOSHAREM, UT
EAGLE MOUNTAIN, UT LAKETOWN, UT
EAST CARBON, UT LA VERKIN, UT
ELK RIDGE, UT LAYTON, UT
ELMO, UT LEAMINGTON, UT
ELSINORE, UT LEEDS, UT
ELWOOD, UT LEHI CITY CORPORATION, UT
EMERY, UT LEVAN, UT
Requirements for National Cooperative Contract
Page 39 of 44
LEWISTON, UT RIVERTON CITY, UT
LINDON, UT ROCKVILLE, UT
LOA, UT ROCKY RIDGE, UT
LOGAN CITY, UT ROOSEVELT CITY CORPORATION, UT
LYMAN, UT ROY, UT
LYNNDYL, UT RUSH VALLEY, UT
MANILA, UT CITY OF ST. GEORGE, UT
MANTI, UT SALEM, UT
MANTUA, UT SALINA, UT
MAPLETON, UT SALT LAKE CITY CORPORATION, UT
MARRIOTT-SLATERVILLE, UT SANDY, UT
MARYSVALE, UT SANTA CLARA, UT
MAYFIELD, UT SANTAQUIN, UT
MEADOW, UT SARATOGA SPRINGS, UT
MENDON, UT SCIPIO, UT
MIDVALE CITY INC., UT SCOFIELD, UT
MIDWAY, UT SIGURD, UT
MILFORD, UT SMITHFIELD, UT
MILLVILLE, UT SNOWVILLE, UT
MINERSVILLE, UT CITY OF SOUTH JORDAN, UT
MOAB, UT SOUTH OGDEN, UT
MONA, UT CITY OF SOUTH SALT LAKE, UT
MONROE, UT SOUTH WEBER, UT
CITY OF MONTICELLO, UT SPANISH FORK, UT
MORGAN, UT SPRING CITY, UT
MORONI, UT SPRINGDALE, UT
MOUNT PLEASANT, UT SPRINGVILLE, UT
MURRAY CITY CORPORATION, UT STERLING, UT
MYTON, UT STOCKTON, UT
NAPLES, UT SUNNYSIDE, UT
NEPHI, UT SUNSET CITY CORP, UT
NEW HARMONY, UT SYRACUSE, UT
NEWTON, UT TABIONA, UT
NIBLEY, UT CITY OF TAYLORSVILLE, UT
NORTH LOGAN, UT TOOELE CITY CORPORATION, UT
NORTH OGDEN, UT TOQUERVILLE, UT
NORTH SALT LAKE CITY, UT TORREY, UT
OAK CITY, UT TREMONTON CITY, UT
OAKLEY, UT TRENTON, UT
OGDEN CITY CORPORATION, UT TROPIC, UT
OPHIR, UT UINTAH, UT
ORANGEVILLE, UT VERNAL CITY, UT
ORDERVILLE, UT VERNON, UT
OREM, UT VINEYARD, UT
PANGUITCH, UT VIRGIN, UT
PARADISE, UT WALES, UT
PARAGONAH, UT WALLSBURG, UT
PARK CITY, UT WASHINGTON CITY, UT
PAROWAN, UT WASHINGTON TERRACE, UT
PAYSON, UT WELLINGTON, UT
PERRY, UT WELLSVILLE, UT
PLAIN CITY, UT WENDOVER, UT
PLEASANT GROVE CITY, UT WEST BOUNTIFUL, UT
PLEASANT VIEW, UT WEST HAVEN, UT
PLYMOUTH, UT WEST JORDAN, UT
PORTAGE, UT WEST POINT, UT
PRICE, UT WEST VALLEY CITY, UT
PROVIDENCE, UT WILLARD, UT
PROVO, UT WOODLAND HILLS, UT
RANDOLPH, UT WOODRUFF, UT
REDMOND, UT WOODS CROSS, UT
RICHFIELD, UT
RICHMOND, UT COUNTIES AND PARISHES INCLUDING BUT NOT
RIVERDALE, UT LIMITED TO:
RIVER HEIGHTS, UT ASCENSION PARISH, LA
Requirements for National Cooperative Contract
Page 40 of 44
ASCENSION PARISH, LA, CLEAR OF COURT WALLOWA COUNTY, OR
CADDO PARISH, LA WASCO COUNTY, OR
CALCASIEU PARISH, LA WASHINGTON COUNTY, OR
CALCASIEU PARISH SHERIFF’S OFFICE, LA WEST BATON ROUGE PARISH, LA
CITY AND COUNTY OF HONOLULU, HI WHEELER COUNTY, OR
CLACKAMAS COUNTY, OR YAMHILL COUNTY, OR
CLACKAMAS COUNTY DEPT OF TRANSPORTATION, COUNTY OF BOX ELDER, UT
OR COUNTY OF CACHE, UT
CLATSOP COUNTY, OR COUNTY OF RICH, UT
COLUMBIA COUNTY, OR COUNTY OF WEBER, UT
COOS COUNTY, OR COUNTY OF MORGAN, UT
COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF DAVIS, UT
COUNTY OF HAWAII, OR COUNTY OF SUMMIT, UT
CROOK COUNTY, OR COUNTY OF DAGGETT, UT
CROOK COUNTY ROAD DEPARTMENT, OR COUNTY OF SALT LAKE, UT
CURRY COUNTY, OR COUNTY OF TOOELE, UT
DESCHUTES COUNTY, OR COUNTY OF UTAH, UT
DOUGLAS COUNTY, OR COUNTY OF WASATCH, UT
EAST BATON ROUGE PARISH, LA COUNTY OF DUCHESNE, UT
GILLIAM COUNTY, OR COUNTY OF UINTAH, UT
GRANT COUNTY, OR COUNTY OF CARBON, UT
HARNEY COUNTY, OR COUNTY OF SANPETE, UT
HARNEY COUNTY SHERIFFS OFFICE, OR COUNTY OF JUAB, UT
HAWAII COUNTY, HI COUNTY OF MILLARD, UT
HOOD RIVER COUNTY, OR COUNTY OF SEVIER, UT
JACKSON COUNTY, OR COUNTY OF EMERY, UT
JEFFERSON COUNTY, OR COUNTY OF GRAND, UT
JEFFERSON PARISH, LA COUNTY OF BEVER, UT
JOSEPHINE COUNTY GOVERNMENT, OR COUNTY OF PIUTE, UT
LAFAYETTE CONSOLIDATED GOVERNMENT, LA COUNTY OF WAYNE, UT
LAFAYETTE PARISH, LA COUNTY OF SAN JUAN, UT
LAFAYETTE PARISH CONVENTION & VISITORS COUNTY OF GARFIELD, UT
COMMISSION COUNTY OF KANE, UT
LAFOURCHE PARISH, LA COUNTY OF IRON, UT
KAUAI COUNTY, HI COUNTY OF WASHINGTON, UT
KLAMATH COUNTY, OR
LAKE COUNTY, OR OTHER AGENCIES INCLUDING ASSOCIATIONS,
LANE COUNTY, OR BOARDS, DISTRICTS, COMMISSIONS, COUNCILS,
LINCOLN COUNTY, OR PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT
LINN COUNTY, OR AUTHORITIES, RESERVATIONS AND UTILITIES
LIVINGSTON PARISH, LA INCLUDING BUT NOT LIMITED TO:
MALHEUR COUNTY, OR BANKS FIRE DISTRICT, OR
MAUI COUNTY, HI BATON ROUGE WATER COMPANY
MARION COUNTY, SALEM, OR BEND METRO PARK AND RECREATION DISTRICT
MORROW COUNTY, OR BIENVILLE PARISH FIRE PROTECTION DISTRICT 6,
MULTNOMAH COUNTY, OR LA
MULTNOMAH COUNTY BUSINESS AND BOARDMAN PARK AND RECREATION DISTRICT
COMMUNITY SERVICES, OR CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA
MULTNOMAH COUNTY SHERIFFS OFFICE, OR CENTRAL OREGON INTERGOVERNMENTAL
MULTNOMAH LAW LIBRARY, OR COUNCIL
ORLEANS PARISH, LA CITY OF BOGALUSA SCHOOL BOARD, LA
PLAQUEMINES PARISH, LA CLACKAMAS RIVER WATER
POLK COUNTY, OR CLATSKANIE PEOPLE'S UTILITY DISTRICT
RAPIDES PARISH, LA CLEAN WATER SERVICES
SAINT CHARLES PARISH, LA CONFEDERATED TRIBES OF THE UMATILLA INDIAN
SAINT CHARLES PARISH PUBLIC SCHOOLS, LA RESERVATION
SAINT LANDRY PARISH, LA COOS FOREST PROTECTIVE ASSOCIATION
SAINT TAMMANY PARISH, LA CHEHALEM PARK AND RECREATION DISTRICT
SHERMAN COUNTY, OR DAVID CROCKETT STEAM FIRE COMPANY #1, LA
TERREBONNE PARISH, LA EUGENE WATER AND ELECTRIC BOARD
TILLAMOOK COUNTY, OR HONOLULU INTERNATIONAL AIRPORT
TILLAMOOK COUNTY SHERIFF'S OFFICE, OR HOODLAND FIRE DISTRICT #74
TILLAMOOK COUNTY GENERAL HOSPITAL, OR HOUSING AUTHORITY OF PORTLAND
UMATILLA COUNTY, OR ILLINOIS VALLEY FIRE DISTRICT
UNION COUNTY, OR LAFAYETTE AIRPORT COMMISSION, LA
Requirements for National Cooperative Contract
Page 41 of 44
LAFOURCHE PARISH HEALTH UNIT – DHH-OPH DESCHUTES COUNTY SCHOOL DISTRICT NO.6
REGION 3 DOUGLAS EDUCATIONAL DISTRICT SERVICE
LOUISIANA PUBLIC SERVICE COMMISSION, LA DUFUR SCHOOL DISTRICT NO.29
LOUISIANA WATER WORKS EAST BATON ROUGE PARISH SCHOOL DISTRICT
MEDFORD WATER COMMISSION ESTACADA SCHOOL DISTRICT NO.10B
MELHEUR COUNTY JAIL, OR FOREST GROVE SCHOOL DISTRICT
METRO REGIONAL GOVERNMENT GEORGE MIDDLE SCHOOL
METRO REGIONAL PARKS GLADSTONE SCHOOL DISTRICT
METROPOLITAN EXPOSITION RECREATION GRANTS PASS SCHOOL DISTRICT 7
COMMISSION GREATER ALBANY PUBLIC SCHOOL DISTRICT
METROPOLITAN SERVICE DISTRICT (METRO) GRESHAM BARLOW JOINT SCHOOL DISTRICT
MULTNOMAH EDUCATION SERVICE DISTRICT HEAD START OF LANE COUNTY
NEW ORLEANS REDEVELOPMENT AUTHORITY, LA HIGH DESERT EDUCATION SERVICE DISTRICT
NORTHEAST OREGON HOUSING AUTHORITY, OR HILLSBORO SCHOOL DISTRICT
PORT OF BRANDON, OR HOOD RIVER COUNTY SCHOOL DISTRICT
PORT OF MORGAN CITY, LA JACKSON CO SCHOOL DIST NO.9
PORTLAND DEVELOPMENT COMMISSION, OR JEFFERSON COUNTY SCHOOL DISTRICT 509-J
PORTLAND FIRE AND RESCUE JEFFERSON PARISH SCHOOL DISTRICT
PORTLAND HOUSING CENTER, OR JEFFERSON SCHOOL DISTRICT
OREGON COAST COMMUNITY ACTION JUNCTION CITY SCHOOLS, OR
OREGON HOUSING AND COMMUNITY SERVICES KLAMATH COUNTY SCHOOL DISTRICT
OREGON LEGISLATIVE ADMINISTRATION KLAMATH FALLS CITY SCHOOLS
ROGUE VALLEY SEWER, OR LAFAYETTE PARISH SCHOOL DISTRICT
SAINT LANDRY PARISH TOURIST COMMISSION LAKE OSWEGO SCHOOL DISTRICT 7J
SAINT MARY PARISH REC DISTRICT 2 LANE COUNTY SCHOOL DISTRICT 4J
SAINT MARY PARISH REC DISTRICT 3 LINCOLN COUNTY SCHOOL DISTRICT
SAINT TAMMANY FIRE DISTRICT 4, LA LINN CO. SCHOOL DIST. 95C
SALEM MASS TRANSIT DISTRICT LIVINGSTON PARISH SCHOOL DISTRICT
SEWERAGE AND WATER BOARD OF NEW ORLEANS, LOST RIVER JR/SR HIGH SCHOOL
LA LOWELL SCHOOL DISTRICT NO.71
SOUTH LAFOURCHE LEVEE DISTRICT, LA MARION COUNTY SCHOOL DISTRICT
TRI-COUNTY METROPOLITAN TRANSPORTATION MARION COUNTY SCHOOL DISTRICT 103
DISTRICT OF OREGON MARIST HIGH SCHOOL, OR
TUALATIN HILLS PARK & RECREATION DISTRICT MCMINNVILLE SCHOOL DISTRICT NOAO
TUALATIN VALLEY FIRE & RESCUE MEDFORD SCHOOL DISTRICT 549C
TUALATIN VALLEY WATER DISTRICT MITCH CHARTER SCHOOL
WILLAMALANE PARK AND RECREATION DISTRICT MONROE SCHOOL DISTRICT NO.1J
WILLAMETTE HUMANE SOCIETY MORROW COUNTY SCHOOL DIST, OR
MULTNOMAH EDUCATION SERVICE DISTRICT
MULTISENSORY LEARNING ACADEMY
K-12 INCLUDING BUT NOT LIMITED TO: MYRTLE PINT SCHOOL DISTRICT 41
ACADIA PARISH SCHOOL BOARD NEAH-KAH-NIE DISTRICT NO.56
BEAVERTON SCHOOL DISTRICT NEWBERG PUBLIC SCHOOLS
BEND-LA PINE SCHOOL DISTRICT NESTUCCA VALLEY SCHOOL DISTRICT NO.101
BOGALUSA HIGH SCHOOL, LA NOBEL LEARNING COMMUNITIES
BOSSIER PARISH SCHOOL BOARD NORTH BEND SCHOOL DISTRICT 13
BROOKING HARBOR SCHOOL DISTRICT NORTH CLACKAMAS SCHOOL DISTRICT
CADDO PARISH SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT
CALCASIEU PARISH SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21
CANBY SCHOOL DISTRICT NORTHWEST REGIONAL EDUCATION SERVICE
CANYONVILLE CHRISTIAN ACADEMY DISTRICT
CASCADE SCHOOL DISTRICT ONTARIO MIDDLE SCHOOL
CASCADES ACADEMY OF CENTRAL OREGON OREGON TRAIL SCHOOL DISTRICT NOA6
CENTENNIAL SCHOOL DISTRICT ORLEANS PARISH SCHOOL DISTRICT
CENTRAL CATHOLIC HIGH SCHOOL PHOENIX-TALENT SCHOOL DISTRICT NOA
CENTRAL POINT SCHOOL DISTRICT NO.6 PLEASANT HILL SCHOOL DISTRICT
CENTRAL SCHOOL DISTRICT 13J PORTLAND JEWISH ACADEMY
COOS BAY SCHOOL DISTRICT NO.9 PORTLAND PUBLIC SCHOOLS
CORVALLIS SCHOOL DISTRICT 509J RAPIDES PARISH SCHOOL DISTRICT
COUNTY OF YAMHILL SCHOOL DISTRICT 29 REDMOND SCHOOL DISTRICT
CULVER SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT
DALLAS SCHOOL DISTRICT NO.2 ROGUE RIVER SCHOOL DISTRICT
DAVID DOUGLAS SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS
DAYTON SCHOOL DISTRICT NO.8 SCAPPOOSE SCHOOL DISTRICT 1J
DE LA SALLE N CATHOLIC HS SAINT TAMMANY PARISH SCHOOL BOARD, LA
Requirements for National Cooperative Contract
Page 42 of 44
SEASIDE SCHOOL DISTRICT 10 JUAB SCHOOL DISTRICT , UT
SHERWOOD SCHOOL DISTRICT 88J KANE SCHOOL DISTRICT , UT
SILVER FALLS SCHOOL DISTRICT 4J KARL G MAESER PREPARATORY ACADEMY , UT
SOUTH LANE SCHOOL DISTRICT 45J3 LAKEVIEW ACADEMY , UT
SOUTHERN OREGON EDUCATION SERVICE LEGACY PREPARATORY ACADEMY , UT
DISTRICT LIBERTY ACADEMY , UT
SPRINGFIELD PUBLIC SCHOOLS LINCOLN ACADEMY , UT
SUTHERLIN SCHOOL DISTRICT LOGAN SCHOOL DISTRICT , UT
SWEET HOME SCHOOL DISTRICT NO.55 MARIA MONTESSORI ACADEMY , UT
TERREBONNE PARISH SCHOOL DISTRICT MERIT COLLEGE PREPARATORY ACADEMY , UT
THE CATLIN GABEL SCHOOL MILLARD SCHOOL DISTRICT , UT
TIGARD-TUALATIN SCHOOL DISTRICT MOAB CHARTER SCHOOL , UT
UMATILLA MORROW ESD MONTICELLO ACADEMY , UT
WEST LINN WILSONVILLE SCHOOL DISTRICT MORGAN SCHOOL DISTRICT , UT
WILLAMETTE EDUCATION SERVICE DISTRICT MOUNTAINVILLE ACADEMY , UT
WOODBURN SCHOOL DISTRICT MURRAY SCHOOL DISTRICT , UT
YONCALLA SCHOOL DISTRICT NAVIGATOR POINTE ACADEMY , UT
ACADEMY FOR MATH ENGINEERING & SCIENCE NEBO SCHOOL DISTRICT , UT
(AMES) , UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE
ALIANZA ACADEMY , UT (NUAMES) , UT
ALPINE DISTRICT , UT NOAH WEBSTER ACADEMY , UT
AMERICAN LEADERSHIP ACADEMY , UT NORTH DAVIS PREPARATORY ACADEMY , UT
AMERICAN PREPARATORY ACADEMY , UT NORTH SANPETE SCHOOL DISTRICT , UT
BAER CANYON HIGH SCHOOL FOR SPORTS & NORTH STAR ACADEMY , UT
MEDICAL SCIENCES , UT NORTH SUMMIT SCHOOL DISTRICT , UT
BEAR RIVER CHARTER SCHOOL , UT ODYSSEY CHARTER SCHOOL , UT
BEAVER SCHOOL DISTRICT , UT OGDEN PREPARATORY ACADEMY , UT
BEEHIVE SCIENCE & TECHNOLOGY ACADEMY OGDEN SCHOOL DISTRICT , UT
(BSTA) , UT OPEN CLASSROOM , UT
BOX ELDER SCHOOL DISTRICT , UT OPEN HIGH SCHOOL OF UTAH , UT
CBA CENTER , UT OQUIRRH MOUNTAIN CHARTER SCHOOL , UT
CACHE SCHOOL DISTRICT , UT PARADIGM HIGH SCHOOL , UT
CANYON RIM ACADEMY , UT PARK CITY SCHOOL DISTRICT , UT
CANYONS DISTRICT , UT PINNACLE CANYON ACADEMY , UT
CARBON SCHOOL DISTRICT , UT PIUTE SCHOOL DISTRICT , UT
CHANNING HALL , UT PROVIDENCE HALL , UT
CHARTER SCHOOL LEWIS ACADEMY , UT PROVO SCHOOL DISTRICT , UT
CITY ACADEMY , UT QUAIL RUN PRIMARY SCHOOL , UT
DAGGETT SCHOOL DISTRICT , UT QUEST ACADEMY , UT
DAVINCI ACADEMY , UT RANCHES ACADEMY , UT
DAVIS DISTRICT , UT REAGAN ACADEMY , UT
DUAL IMMERSION ACADEMY , UT RENAISSANCE ACADEMY , UT
DUCHESNE SCHOOL DISTRICT , UT RICH SCHOOL DISTRICT , UT
EARLY LIGHT ACADEMY AT DAYBREAK , UT ROCKWELL CHARTER HIGH SCHOOL , UT
EAST HOLLYWOOD HIGH , UT SALT LAKE ARTS ACADEMY , UT
EDITH BOWEN LABORATORY SCHOOL , UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT
EMERSON ALCOTT ACADEMY , UT SALT LAKE SCHOOL DISTRICT , UT
EMERY SCHOOL DISTRICT , UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS,
ENTHEOS ACADEMY , UT UT
EXCELSIOR ACADEMY , UT SAN JUAN SCHOOL DISTRICT , UT
FAST FORWARD HIGH , UT SEVIER SCHOOL DISTRICT , UT
FREEDOM ACADEMY , UT SOLDIER HOLLOW CHARTER SCHOOL , UT
GARFIELD SCHOOL DISTRICT , UT SOUTH SANPETE SCHOOL DISTRICT , UT
GATEWAY PREPARATORY ACADEMY , UT SOUTH SUMMIT SCHOOL DISTRICT , UT
GEORGE WASHINGTON ACADEMY , UT SPECTRUM ACADEMY , UT
GOOD FOUNDATION ACADEMY , UT SUCCESS ACADEMY , UT
GRAND SCHOOL DISTRICT , UT SUCCESS SCHOOL , UT
GRANITE DISTRICT , UT SUMMIT ACADEMY , UT
GUADALUPE SCHOOL , UT SUMMIT ACADEMY HIGH SCHOOL , UT
HAWTHORN ACADEMY , UT SYRACUSE ARTS ACADEMY , UT
INTECH COLLEGIATE HIGH SCHOOL , UT THOMAS EDISON - NORTH , UT
IRON SCHOOL DISTRICT , UT TIMPANOGOS ACADEMY , UT
ITINERIS EARLY COLLEGE HIGH , UT TINTIC SCHOOL DISTRICT , UT
JOHN HANCOCK CHARTER SCHOOL , UT TOOELE SCHOOL DISTRICT , UT
JORDAN DISTRICT , UT
Requirements for National Cooperative Contract
Page 43 of 44
TUACAHN HIGH SCHOOL FOR THE PERFORMING SOUTHERN OREGON UNIVERSITY (OREGON
ARTS , UT UNIVERSITY SYSTEM)
UINTAH RIVER HIGH , UT SOUTHWESTERN OREGON COMMUNITY COLLEGE
UINTAH SCHOOL DISTRICT , UT TULANE UNIVERSITY
UTAH CONNECTIONS ACADEMY , UT TILLAMOOK BAY COMMUNITY COLLEGE
UTAH COUNTY ACADEMY OF SCIENCE , UT UMPQUA COMMUNITY COLLEGE
UTAH ELECTRONIC HIGH SCHOOL , UT UNIVERSITY OF HAWAII BOARD OF REGENTS
UTAH SCHOOLS FOR DEAF & BLIND , UT UNIVERSITY OF HAWAII-HONOLULU COMMUNITY
UTAH STATE OFFICE OF EDUCATION , UT COLLEGE
UTAH VIRTUAL ACADEMY , UT UNIVERSITY OF OREGON-GRADUATE SCHOOL
VENTURE ACADEMY , UT UNIVERSITY OF PORTLAND
VISTA AT ENTRADA SCHOOL OF PERFORMING UNIVERSITY OF NEW ORLEANS
ARTS AND TECHNOLOGY , UT WESTERN OREGON UNIVERSITY
WALDEN SCHOOL OF LIBERAL ARTS , UT WESTERN STATES CHIROPRACTIC COLLEGE
WASATCH PEAK ACADEMY , UT WILLAMETTE UNIVERSITY
WASATCH SCHOOL DISTRICT , UT XAVIER UNIVERSITY
WASHINGTON SCHOOL DISTRICT , UT UTAH SYSTEM OF HIGHER EDUCATION, UT
WAYNE SCHOOL DISTRICT , UT UNIVERSITY OF UTAH, UT
WEBER SCHOOL DISTRICT , UT UTAH STATE UNIVERSITY, UT
WEILENMANN SCHOOL OF DISCOVERY , UT WEBER STATE UNIVERSITY, UT
SOUTHERN UTAH UNIVERSITY, UT
HIGHER EDUCATION SNOW COLLEGE, UT
ARGOSY UNIVERSITY DIXIE STATE COLLEGE, UT
BATON ROUGE COMMUNITY COLLEGE, LA COLLEGE OF EASTERN UTAH, UT
BIRTHINGWAY COLLEGE OF MIDWIFERY UTAH VALLEY UNIVERSITY, UT
BLUE MOUNTAIN COMMUNITY COLLEGE SALT LAKE COMMUNITY COLLEGE, UT
BRIGHAM YOUNG UNIVERSITY - HAWAII UTAH COLLEGE OF APPLIED TECHNOLOGY, UT
CENTRAL OREGON COMMUNITY COLLEGE
CENTENARY COLLEGE OF LOUISIANA STATE AGENCIES
CHEMEKETA COMMUNITY COLLEGE ADMIN. SERVICES OFFICE
CLACKAMAS COMMUNITY COLLEGE BOARD OF MEDICAL EXAMINERS
COLLEGE OF THE MARSHALL ISLANDS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY
COLUMBIA GORGE COMMUNITY COLLEGE HAWAII DEPARTMENT OF TRANSPORTATION
CONCORDIA UNIVERSITY HAWAII HEALTH SYSTEMS CORPORATION
GEORGE FOX UNIVERSITY OFFICE OF MEDICAL ASSISTANCE PROGRAMS
KLAMATH COMMUNITY COLLEGE DISTRICT OFFICE OF THE STATE TREASURER
LANE COMMUNITY COLLEGE OREGON BOARD OF ARCHITECTS
LEWIS AND CLARK COLLEGE OREGON CHILD DEVELOPMENT COALITION
LINFIELD COLLEGE OREGON DEPARTMENT OF EDUCATION
LINN-BENTON COMMUNITY COLLEGE OREGON DEPARTMENT OF FORESTRY
LOUISIANA COLLEGE, LA OREGON DEPT OF TRANSPORTATION
LOUISIANA STATE UNIVERSITY OREGON DEPT. OF EDUCATION
LOUISIANA STATE UNIVERSITY HEALTH SERVICES OREGON LOTTERY
MARYLHURST UNIVERSITY OREGON OFFICE OF ENERGY
MT. HOOD COMMUNITY COLLEGE OREGON STATE BOARD OF NURSING
MULTNOMAH BIBLE COLLEGE OREGON STATE DEPT OF CORRECTIONS
NATIONAL COLLEGE OF NATURAL MEDICINE OREGON STATE POLICE
NORTHWEST CHRISTIAN COLLEGE OREGON TOURISM COMMISSION
OREGON HEALTH AND SCIENCE UNIVERSITY OREGON TRAVEL INFORMATION COUNCIL
OREGON INSTITUTE OF TECHNOLOGY SANTIAM CANYON COMMUNICATION CENTER
OREGON STATE UNIVERSITY SEIU LOCAL 503, OPEU
OREGON UNIVERSITY SYSTEM SOH- JUDICIARY CONTRACTS AND PURCH
PACIFIC UNIVERSITY STATE DEPARTMENT OF DEFENSE, STATE OF
PIONEER PACIFIC COLLEGE HAWAII
PORTLAND COMMUNITY COLLEGE STATE OF HAWAII
PORTLAND STATE UNIVERSITY STATE OF HAWAII, DEPT. OF EDUCATION
REED COLLEGE STATE OF LOUISIANA
RESEARCH CORPORATION OF THE UNIVERSITY OF STATE OF LOUISIANA DEPT. OF EDUCATION
HAWAII STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT
ROGUE COMMUNITY COLLEGE ATTORNEY
SOUTHEASTERN LOUISIANA UNIVERSITY STATE OF UTAH
Requirements for National Cooperative Contract
Page 44 of 44