ODP Original Contract (1)

AID 1961282 · View on Simbli

Agenda Item

i. Contract ~ Cooperative Agreement ~ RFP 24-01 ~ Furniture, Installation, and Related Services ~ Multiple OMNIA Cooperative Contracts (Not to Exceed $5,000,000)

Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations Division
Request: It is requested that the DeKalb County Board of Education approve the use of the following OMNIA cooperative contracts solicited under the Region 4 RFP 24-01 for furniture, fixtures and equipment (FF&E) purchases, with a combined not-to-exceed amount of $5,000,000:

• R240112: ODP Business Solutions
Authorized dealers include: ODP Business Solutions

• R240114 - Safco Products Company
Authorization dealers include: Minton Jones Co Inc, Office Images Inc., Corporate Environments, Creative Office Design, Office Interiors Inc., Turner Boone

• R240115 - School Specialty
Authorized dealers include: School Specialty

• R240118 - VS America, Inc.
Authorized dealers include: Niswonger, Ernie Morris, Georgia Institutional Furnishings, Russell Ventures, CWC Office Furniture, and DeKalb Office Environments
Why: Approval of these cooperative contracts will allow DCSD to efficiently address district-wide furniture needs while ensuring fiscal responsibility, procurement compliance, and operational flexibility on an as-needed basis. These contracts support safe, functional, and equitable learning and working environments for students and staff across all schools and facilities.
This action will support current and future furniture needs for all DeKalb County School District (DCSD) schools and facilities.
Details: Implementing a contracted furniture program is essential to ensuring fiscal responsibility, consistency, and operational efficiency across the district. Utilizing OMNIA Partners cooperative contracts allows the district to leverage nationally competitively solicited pricing, pre-vetted vendors, and legally compliant procurement processes without the time and cost of conducting separate bids. This approach delivers cost savings, standardized specifications, predictable lead times, warranty protection, and quality assurance, while reducing procurement risk and administrative burden. Ultimately, an OMNIA contract enables the district to respond more quickly to school needs while ensuring safe, durable, and equitable learning environments. DCSD will receive up to 58.5% discounts on list prices using the OMNIA contract. DCSD contracts with all identified vendors will be effective March 31, 2026-March 30, 2027, with options for renewal.

All contracts identified under Region 4 RFP24-01 have the following contract terms.

Initial Term: December 17, 2024 - December 31, 2027
Renewal Options: Two (2) additional one-year renewals through December 31, 2029
Financial impact: The financial impact, not to exceed $5,000,000, will be funded by the General Fund using the following account codes:
• 100.2600.561500.00011.7620.9990.8010.040.0000
• 100.2600.573000.00011.7620.9990.8010.040.0000
• 100.2600.561500.00011.7520.9990.8013.040.0000
• 100.2600.573000.00011.7520.9990.8013.040.0000
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1447
Mr. Keith Singleton, Director of Business Services Department, Division of Operations, 678.676.1422
Effective: Upon Board Approval
Status: Approved by the Office of Legal Affairs
FURNITURE INSTALLATION AND RELATED SERVICES SOLICITATION NUMBER 24-01
    Draft Contract 18   Audit Rights   Audit Rights . Contractor shall, at its sole
                                       expense, maintain appropriate due diligence of
                                       all purchases made by Region 4 ESC and any
                                       entity that utilizes this Contract. Region 4 ESC
                                       Subject to confidentiality agreements between
                                       Contractor and third parties, and no more than
                                       annually, Region 4 ESC, at its expense reserves
                                       the right to audit the accounting for a period of
                                       three (3) years from the time such purchases are
                                       made. This audit right shall survive termination of
                                       this Agreement for a period of one (1) year from
                                       the effective date of termination. Region 4 ESC
                                       shall have the authority to conduct random audits
                                       of
                                       cost and expense. Notwithstanding the
                                       foregoing, in the event that Region 4 ESC is
                                       made aware of any pricing being offered that is
                                       materially inconsistent with the pricing under this
                                       Agreement, Region 4 ESC shall have the ability


                                       Region 4 ESC may conducts the audit internally
                                       or may engage a third party auditing firm. Any
                                       third-party auditor used must be approved by
                                       Contractor and must execute a non-disclosure
                                       agreement. Contractor may dispute the results of
                                       any audit and will refund any overcharges to
                                       Region 4 ESC and Region 4 ESC will refund any
                                       undercharges to Contractor. In the event of an
                                       audit, the requested materials shall be provided
                                       in the format and at the location designated by
                                       Region 4 ESC.




                                             5
                                        24-01 Addendum 6
                              ODP Business Solutions, LLC
                                        Supplier Response

               Event Information
               Number:     24-01 Addendum 6
               Title:      Furniture, Installation, and Related Services
               Type:       Request for Proposal
               Issue Date: 4/11/2024
               Deadline: 6/13/2024 02:00 PM (CT)
               Notes:      Oral communications concerning this RFP shall not be binding and
                           shall in no way excuse an Offeror of the obligations set forth in this
                           proposal.

                            Only online proposals will be accepted. Proposals must be submitted
                            via Region 4 ESC's online procurement system:
                            region4esc.ionwave.net.

                            No manual, emailed, or faxed proposals will be accepted.

                            NON-MANDATORY PRE-PROPOSAL CONFERENCE #2

                            Meeting to be held on
                            Wednesday, May 1, 2024 at 10:00 am CST
                            via ZOOM. Click here to join.

                            Meeting to be held on
                            Wednesday, April 24, 2024 at 10:00 am
                            via ZOOM. Click here to join.

                            Offerors are strongly encouraged, but not required to participate in a
                            pre-proposal conference with the Procurement and Operations
                            Specialist.
Page 1 of 44 pages                         Vendor: ODP Business Solutions, LLC                       24-01 Addendum 6
               Contact Information
               Address: Finance and Operations
                        7145 West Tidwell Road
                        TX 77092
               Email:   questions@esc4.net




Page 2 of 44 pages                     Vendor: ODP Business Solutions, LLC   24-01 Addendum 6
  ODP Business Solutions, LLC Information
  Contact:     Valya Broyer
  Address:     6600 N Military Trail
               Boca Raton, FL 33496
  Phone:       (303) 704-8107
  Email:       valya.broyer@odpbusiness.com
  Web Address: www.odpbusiness.com


By submitting your response, you certify that you are authorized to represent and bind your company.

Valya Broyer                                                       valya.broyer@odpbusiness.com
Signature                                                          Email
Submitted at 6/13/2024 11:37:50 AM (CT)

Requested Attachments
                                                                                  1_OFFER AND CONTRACT
OFFER AND CONTRACT SIGNATURE FORM
                                                                                  SIGNATURE FORM.pdf
  Please complete the Offer and Contract Signature Form, located on the Attachments tab, and upload the completed
  document here.
                                                                                  Office_Depot_Response.Appendix
Appendix B - Terms & Conditions Acceptance Form
                                                                                  B.V2docx.pdf
  Please complete the Terms & Conditions Acceptance Form, located on the Attachments tab, and upload the
  completed document here.
Acknowledgment and Acceptance of Region 4 ESC's Open Records                    3_Acknowledgment Acceptance -
                                                                                Region 4 ESC Open Records
Policy                                                                          Policy_2.pdf
  Please complete the Acknowledgment and Acceptance of Region 4 ESC's Open Records Policy, located on the
  Attachments tab, and upload the completed document here.
                                                                                18_OMNIA Partners - Exhibit F
OMNIA Partners - Exhibit F Federal Funds Certifications                         Federal Funds Certifications
                                                                                Form.pdf
  Please complete the OMNIA Partners - Exhibit F Federal Funds Certifications, located on the Attachments tab, and
  upload the completed documents here.
Value Add                                                                            24-01 Value Add.pdf
   Provide any additional information related to products and services Offeror proposes to enhance and add value to the

   setup/cleaning, classroom design/layout, special orders, etc.
                                                                                       6_Antitrust Certification
Antitrust Certification Statements
                                                                                       Statements.pdf
  Please complete the Antitrust Certification Statements, located on the Attachments tab, and upload the completed
  document here.
                                                                                      7_Certificate of Interested Parties
Certificate of Interested Parties (Form 1295)                                         (Form 1295) NA Legislation
                                                                                      Changes.pdf


Diversity Program Certifications                                                       No response
   If there are any diversity programs, provide a copy of their certification.



 Page 3 of 44 pages                            Vendor: ODP Business Solutions, LLC                       24-01 Addendum 6
Minority Women Business Enterprise Certification                                          No response
   Please upload Minority Women Business Enterprise Certification if applicable.
                                                                                          10_FEIN_DNBi_The ODP
Submit FEIN and Dunn & Bradstreet report.
                                                                                          Corporation-DUNS117593451.pdf
   Upload FEIN and Dunn & Brandstreet report here.
Products and Pricing                                                                      24-01 Products and Pricing.pdf
  Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of
  line. Describe the full line of products and services offered by supplier.
Small Business Enterprise (SBE) or Disadvantaged Business                             No response
Enterprise (DBE) Certification
  Please upload Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE) Certification if
  applicable.
Historically Underutilized Business (HUB) Certification                          No response
   Please upload Historically Underutilized Business (HUB) Certification if applicable.
                                                                                          4_Texas Government Code 2270
Texas Government Code 2270 Verification Form
                                                                                          Verification Form.pdf
  Please complete the Texas Government Code 2270 Verification Form, located on the Attachments tab, and upload the
  completed document here.
Additional Agreements Offeror will require Participating Agencies to             No response
sign.
   Upload any additional agreements offeror will require Participating Agencies here.
Historically Underutilized Business Zone Enterprise (HUBZone)                             No response
  Please upload Historically Underutilized Business Zone Enterprise (HUBZone) if applicable.
Other recognized diversity certificate holder                                       No response
   Please upload other recognized diversity certificate holder if applicable.
                                                                                          18_OMNIA Partners - Exhibit F
OMNIA Partners - Exhibit F Federal Funds Certifications                                   Federal Funds Certifications
                                                                                          Form.pdf
  Please complete the OMNIA Partners - Exhibit F Response for National Cooperative Contract located on the
  Attachments tab and upload the completed documents here.
                                                                                  19_OMNIA Partners - Exhibit G
OMNIA Partners - Exhibit G New Jersey Business Compliance
                                                                                  New Jersey Compliance Form.pdf
  Please complete the OMNIA Partners - Exhibit G New Jersey Business Compliance forms, located on the Attachments
  tab, and upload the completed documents here.

Response Attachments
24-01 Attachment D Exhibit A.pdf
   Written responses to Attachment D - Exhibit A
24-01 Performance Capability.pdf
   Written response to b) Performance Capability
24-01 Qualifications Experience.pdf
   written response to c) Qualification and Experience
RFP 24-01 Appendix A - Draft Contract2.ODPredlineV2.docx
   Appendix A - redlined Draft Contract
ODP Sample Reports.zip
   Sample reports

 Page 4 of 44 pages                           Vendor: ODP Business Solutions, LLC                         24-01 Addendum 6
FURNITURE INSTALLATION AND RELATED SERVICES SOLICITATION NUMBER 24-01
    Draft Contract 18   Audit Rights   Audit Rights . Contractor shall, at its sole
                                       expense, maintain appropriate due diligence of
                                       all purchases made by Region 4 ESC and any
                                       entity that utilizes this Contract. Region 4 ESC
                                       Subject to confidentiality agreements between
                                       Contractor and third parties, and no more than
                                       annually, Region 4 ESC, at its expense reserves
                                       the right to audit the accounting for a period of
                                       three (3) years from the time such purchases are
                                       made. This audit right shall survive termination of
                                       this Agreement for a period of one (1) year from
                                       the effective date of termination. Region 4 ESC
                                       shall have the authority to conduct random audits
                                       of
                                       cost and expense. Notwithstanding the
                                       foregoing, in the event that Region 4 ESC is
                                       made aware of any pricing being offered that is
                                       materially inconsistent with the pricing under this
                                       Agreement, Region 4 ESC shall have the ability


                                       Region 4 ESC may conducts the audit internally
                                       or may engage a third party auditing firm. Any
                                       third-party auditor used must be approved by
                                       Contractor and must execute a non-disclosure
                                       agreement. Contractor may dispute the results of
                                       any audit and will refund any overcharges to
                                       Region 4 ESC and Region 4 ESC will refund any
                                       undercharges to Contractor. In the event of an
                                       audit, the requested materials shall be provided
                                       in the format and at the location designated by
                                       Region 4 ESC.




                                             5
                       Changes to Form 1295
Changes to the law requiring certain businesses to file a Form 1295 are in effect for
contracts entered into or amended on or after January 1, 2018. The changes exempt
businesses from filing a Form 1295 for certain types of contracts and replace the
need for a completed Form 1295 to be notarized. Instead, the person filing a 1295


What type of contracts are exempt from the Form 1295 filing requirement
under the amended law?

The amended law adds to the list of types of contract exempt from the Form 1295
filing requirement. A completed Form 1295 is not required for:
       a sponsored research contract of an institution of higher education;
      an interagency contract of a state agency or an institution of higher education;
       a contract related to health and human services if:
          o the value of the contract cannot be determined at the time the contract
             is executed; and
          o any qualified vendor is eligible for the contract;
      a contract with a publicly traded business entity, including a wholly owned
      subsidiary of the business entity;*
       a contract with an electric utility, as that term is defined by Section 31.002,
      Utilities Code;* or
       a contract with a gas utility, as that term is defined by Section 121.001,
      Utilities Code.*

The newly exempt contract types are marked with an asterisk.

Why do I need to include my date of birth and address when I sign Form 1295?
Was this always the case?

In 2017, the legislature amended the law to require Form 1295 to include an

address of the authorized representative signing the form. The change in the law
applies to contracts entered into, renewed, or amended on or after January 1, 2018.
The unsworn declaration, including the date of birth and address of the signatory,
replaces the notary requirement that applied to contracts entered into before January
1, 2018.
Will my date of birth and address appear on the TEC
form?

No. The TEC filing application does not capture the date of birth or street address of
the signatory and it will not appear on forms that are filed using the TEC filing
application.

Although the TEC does not capture the date of birth and street address of the
signatory, the contracting state agency or governmental agency will have a physical
copy of the form that includes the date of birth and address of the signatory. The
TEC cannot answer whether the contracting state agency or governmental agency
may release such information. Questions regarding the Texas Public Information Act
may be directed to the Office of the Attorney General. See also Paxton v. City of
Dall., No. 03-13-00546-CV, 2015 Tex. App. LEXIS 5228, at *10-11 (App. Austin
May 22, 2015) (mem. op.) (pet. denied) (available here).
                                   RFP 24-01
Furniture, Installation, and Related Services
                      Performance Capability
                  June 13, 2024, 2:00pm central time
                                  RFP 24-01
Furniture, Installation and Related Services
              Qualifications and Experience
                 June 13, 2024, 2:00pm central time
                                        DOC #2

                            NON-COLLUSION AFFIDAVIT

                          STANDARD BID DOCUMENT REFERENCE
                                                                          Reference: VII-H

Name of Form:                    NON-COLLUSION AFFIDAVIT
                                 No specific statutory reference
Statutory Reference:
                                 State Statutory Reference N.J.S.A. 52:34-15
Instructions Reference:          Statutory and Other Requirements VII-H
                                 The Owner’s use of this form is optional. It is used to ensure that
                                 the bidder has not participated in any collusion with any other
Description:
                                 bidder or Owner representative or otherwise taken any action in
                                 restraint of free and competitive bidding.
                                                DOC #3

                               AFFIRMATIVE ACTION AFFIDAVIT
                                      (P.L. 1975, C.127)

Company Name:
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 photocopy of a valid letter that the contractor is operating under an existing Federally
             approved or sanctioned affirmative action program (good for one year from the date of the
             letter);

                   OR

          2. A photocopy of a Certificate of Employee Information Report approval, issued in
             accordance with N.J.A.C. 17:27-4;

                   OR

          3. A photocopy of an Employee Information Report (Form AA302) provided by the Division
             of Contract Compliance and Equal Employment Opportunity in Public Contracts and
             distributed to the public agency to be completed by the contractor in accordance with
             N.J.A.C. 17:27-4.

Public Work – Over $50,000 Total Project Cost:
A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form
   AA201. A project contract ID number will be assigned to your firm upon receipt of the
   completed Initial Project Workforce Report (AA201) for this contract.

B. Approved Federal or New Jersey Plan – certificate enclosed

I further certify that the statements and information contained herein, are complete and correct to
the best of my knowledge and belief.

_______________________                                      _________________________________
        Date                                                Authorized Signature and Title