HomeMy WebLinkAboutC2024-060 Voss Lighting FINAL - signed1
Contract No. 2024-060
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
VOSS ELECTRIC COMPANY
DBA
VOSS LIGHTING
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”), and Voss Electric Company dba Voss Lighting, a(n) Nebraska corporation (the
“Contractor”).
RECITALS
A. After a competitive procurement process through Omnia Partners, LLC/National
Cooperative Purchasing Alliance (“OMNIA” and “NCPA”), Voss Electric Company dba Voss
Lighting entered into NCPA contract #02-83, dated August 24, 2020, as amended (collectively,
the “NCPA Contract”) for the Contractor to provide Electrical Equipment, Bulbs, Ballasts, and
Related Services. A copy of the NCPA Contract is incorporated herein by reference, to the extent
not inconsistent with this Agreement.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the NCPA Contract, at its discretion and with the agreement of the awarded
Contractor, and the NCPA Contract permits its cooperative use by other public entities, including
the Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the NCPA Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide
Electrical Equipment, Bulbs, Ballasts, and Related Services (the “Materials and Services”), and
(iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to
the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and attested to by the Town Clerk pursuant to Section 3-3-31 of the Town Code, shall remain
in full force and effect until August 31, 2024 (the “Initial Term”), unless terminated as otherwise
provided in this Agreement or the NCPA Contract. After the expiration of the Initial Term, this
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Agreement may be renewed for up to four successive one-year terms (the “Renewal Term”) if: (i)
it is deemed in the best interests of the Town, subject to availability and appropriation of funds for
renewal in each subsequent year, (ii) the term of the NCPA Contract has not expired or has been
extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the
Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv)
the Town approves the additional one-year term in writing (including any price adjustments
approved as part of the NCPA Contract), as evidenced by the Town Manager’s signature thereon,
which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a
renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current
term of this Agreement; provided, however, that the Town may, at its discretion and with the
agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial
Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal,
the terms and conditions of this Agreement shall remain in full force and effect.
2.Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for
Materials and Services under the terms and conditions of the NCPA Contract. The Town does not
guarantee that any minimum or maximum number of purchases will be made pursuant to this
Agreement. Purchases will only be made when the Town identifies a need and proper authorization
and documentation have been approved. For purchase(s) determined by the Town to be appropriate
for this Agreement, the Contractor shall provide the Materials and Services to the Town in such
quantities and configurations agreed upon between the parties, in a written invoice, quote, work
order or other form of written agreement describing the work to be completed (each, a “Work
Order”). Each Work Order approved and accepted by the parties pursuant to this Agreement shall
(i) contain a reference to this Agreement and the NCPA Contract and (ii) be attached hereto as
Exhibit A and incorporated herein by reference. Work Orders submitted without referencing this
Agreement and the NCPA Contract will be subject to rejection.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the NCPA Contract will be held at Contractor’s risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a
non-conforming Materials or Services, the Town may elect to do any or all of the following by
written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or
(iii) bring the Materials or Services into compliance and withhold the cost of same from any
payments due to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel Work Orders within a
reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to
reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor
due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any
costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product
prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay Contractor for the Term amount not to exceed
$120,000 (including all renewals) for the Materials and Services at the rates that shall be agreed
upon by the parties.
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4. Payments. The Town shall pay the Contractor monthly (and the Contractor shall
invoice monthly), based upon acceptance and delivery of Materials and/or Services performed and
completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a
reference to this Agreement and the NCPA Contract and (ii) document and itemize all work
completed to date. The invoice statement shall include a record of materials delivered, time
expended, and work performed in sufficient detail to justify payment. Additionally, invoices
submitted without referencing this Agreement and the NCPA Contract will be subject to rejection
and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors’
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors’ facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel
8. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees
and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor
will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any
goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor
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also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents
from any claims or causes of action relating to the Town’s action based upon reliance upon this
representation, including the payment of all costs and attorney fees incurred by the Town in
defending such as action.
9. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ. REV. STAT. § 38-511.
10. Applicable Law; Venue. This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County, Arizona.
11. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations
under this Agreement are current expenses subject to the “budget law” and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town’s termination of this Agreement pursuant to this section.
12. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, any Town-approved work orders, the NCPA Contract, and invoices,
the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in
conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in
conflict with the terms of this Agreement or the NCPA Contract (collectively, the “Unauthorized
Conditions”), other than the Town’s project-specific requirements, are expressly declared void and
shall be of no force and effect. Acceptance by the Town of any work order or invoice containing
any such Unauthorized Conditions or failure to demand full compliance with the terms and
conditions set forth in this Agreement or under the NCPA Contract shall not alter such terms and
conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements
and obligations in the performance of this Agreement.
13. Rights and Privileges. To the extent provided under the NCPA Contract, the Town
shall be afforded all of the rights and privileges afforded to NCPA and shall be “NCPA” (as defined
in the NCPA Contract) for the purposes of the portions of the NCPA Contract that are incorporated
herein by reference.
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14. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to NCPA to the extent provided under the NCPA Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town under
this Agreement including, but not limited to, the Contractor’s obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof (the Town and
any such person being herein called an “Indemnified Party”), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified
Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work
or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
15. Laws and Regulations. Consultant shall keep fully informed and shall at all times
during the performance of its duties under this Agreement ensure that it and any person for whom
the Consultant is responsible abides by, and remains in compliance with, all rules, regulations,
ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A)
existing and future Town and County ordinances and regulations; (B) existing and future State and
Federal laws; and (C) existing and future Occupational Safety and Health Administration
standards.
16. Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Rachael Goodwin, Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Voss Electric Company dba Voss Electric
1911 University Dr.
Phoenix, Arizona 85034
Attn: Brian Eaton
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
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Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If a
copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing
the date on which a notice is deemed to have been received by a party shall mean and refer to the
date on which the party, and not its counsel or other recipient to which a copy of the notice may
be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
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ATTESTED TO:
_______________________________
Linda G. Mendenhall, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
FOR THE TOWN OF FOUNTAIN HILLS:
____________________________________
Rachael Goodwin, Town Manager
FOR THE CONTRACTOR:
By:
Name
Title: ______________________________
Brian Eaton (Apr 25, 2024 07:07 PDT)
Brian Eaton
Operations Manager
Aaron Arnson (Apr 25, 2024 07:38 PDT)
Aaron Arnson
Rachael Goodwin (Apr 25, 2024 12:29 PDT)
Rachael Goodwin
EXHIBIT A
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
VOSS ELECTRIC COMPANY
DBA
VOSS LIGHTING
[Omnia Partners, LLC/National Cooperative Purchasing Alliance Contract]
See following pages.
Region XIV Education Service Center
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
Monday, June 5th, 2023
Voss Electric Company dba Voss Lighting
ATTN: James Allred
5656 N Sam Houston Pkwy, Suite 180
Houston, TX 77032
Re: Annual Renewal of NCPA contract #02-83
Dear James:
Region XIV Education Service Center is happy to announce that Voss Electric Company dba
Voss Lighting has been awarded an annual contract renewal for Electrical Equipment, Bulbs
and Ballasts and Related Services based on the proposal submitted to Region XIV ESC.
The contract will expire on August 31st, 2024, completing the fourth year of a possible five-
year term. If your company is not in agreement, please contact me immediately.
If you have any questions or concerns, feel free to contact me at 325-675-8600.
Sincerely,
Shane Fields
Region XIV, Executive Director
DocuSign Envelope ID: 3708D318-4BEC-4FBF-A021-274FC3994D30
Region XIV Education Service Center
Monday, May 2nd , 2022
Voss Electric Company dba Voss Lighting
ATTN: James Allred
S6S6 N Sam Houston Pkwy, Suite 180
Houston, TX 77032
Re: Annual Renewal ofNCPA contract #02-83
Dear James:
1850 Highway 351
Abilene, TX 79601-4750
3 25-67 5-8600
FAX 325-675-8659
Region XIV Education Service Center is happy to announce that Voss Electric Company dba
Voss Lighting has been awarded an annual contract renewal for Electrical Equipment, Bulbs
and Ballasts and Related Services based on the proposal submitted to Region XIV ESC.
The contract will expire on August 31st, 2023, completing the third year of a possible five-year
term. If your company is not in agreement, please contact me immediately.
If you have any questions or concerns, feel free to contact me at 325-675-8600.
Sincerely,
Shane Fields
Region XIV, Executive Director
Region XIV Education Service Center
Monday, August 24 th , 2020
Voss Electric Company dba Voss Lighting
ATTN: James Allred
5656 N Sam Houston Pkwy, Suite 180
Houston, TX 77032
Dear James:
1850 Highway 351
Abi lene, TX 79601-4750
325 -675 -8600
FAX 325-675 -86 59
Region XIV Education Service Center is happy to announce that Voss Electric
Company dba Voss Lighting has been awarded an annual contract for Electrical
Equipment, Bulbs and Ballasts and Related Services based on the proposal
submitted to Region XIV ESC.
The contract is effective immediately and will expire on August 3l5t, 2021. The
contract can then be renewed annually for an additional four years, if mutually
agreed on by Region XIV ESC and Voss Electric Company dba Voss Lighting.
We look forward to a long and successful partnership underneath this contract.
If you have any questions or concerns, feel free to contact me at 325-675-8600.
Sincerely,
~~
Shane Fields
Region XIV, Executive Director
Request for Proposal (RFP) for Electrical Equipment, Bulbs and
Ballasts and Related Services
Solicitation Number: 15-20
Publication Date: Tuesday, June 9th, 2020
Notice to Respondent:
Submittal Deadline: Thursday, July 23rd, 2020 2:00 pm CST
Questions regarding this solicitation must be submitted to questions@ncpa.us no later
than Thursday, July 16th, 2020. All questions and answers will be posted to
http://www.ncpa.us/solicitations.
It is the intention of Region 14 Education Service Center (herein “Region 14 ESC”) to establish a Master
Agreement for Electrical Equipment, Bulbs and Ballasts and Related Services for use by Region 14 ESC
and other public agencies supported under this contract. This Request for Proposal is issued on behalf of
the National Cooperative Purchasing Alliance through a public agency clause, which provides that any
county, city, special district, local government, school district, private K-12 school, higher education
institution, state, other government agency, healthcare organization or nonprofit organization may
purchase Products and Services through this contract. Respondents will be required to execute the NCPA
Administration Agreement upon award.
This contract will allow agencies to purchase on an “as needed” basis from a competitively awarded
contract. Respondents are requested to submit their total line of available products and services. While
this solicitation specifically covers Electrical Equipment, Bulbs and Ballasts and Related Services,
respondents are encouraged to submit an offering on any or and all products and services available that
they currently perform in their normal course of business.
Responses shall be received electronically no later than the submittal deadline via our online Bonfire
portal at ncpa.bonfirehub.com
Immediately following the deadline, all responses will be publicly opened and the respondents recorded.
Any response received later than the specified deadline will be disqualified.
Responses will remain sealed by our online Bonfire portal until the bid opening time specified.
Responses received outside our online Bonfire portal will not be accepted. Sealed responses may be
submitted on any or all items, unless stated otherwise. Proposal may be rejected for failure to comply
with the requirements set forth in this invitation.
Competitive Solicitation by
Region 14 Education Service Center
For
Electrical Equipment, Bulbs and Ballasts and Related
Services
On behalf of itself and other Government Agencies
And made available through the
National Cooperative Purchasing Alliance
RFP # 15-20
Introduction / Scope
¨ Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher
education institutions in the United States of America, and other government agencies and non-
profit organizations (herein “Public Agency” or collectively “Public Agencies”) is soliciting
proposals from qualified vendors to enter into a Master Agreement for a complete line of Electrical
Equipment, Bulbs and Ballasts and Related Services.
¨ Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant contract
available to all participating agencies in the United States. NCPA provides marketing and
administrative support for the awarded vendor that promotes the successful vendor’s products
and services to Public Agencies nationwide. The Vendor will execute the NCPA Administration
Agreement (Tab 2) upon award. Vendor should thoroughly review all documents and note any
exceptions to NCPA terms and conditions in their proposal.
¨ Awarded vendor(s) shall perform covered services under the terms of this agreement.
Respondents shall provide pricing based on a discount from their standard pricing schedules for
products and/or services offered. Respondents must provide explanation on how they will
provide either Catalog and/or price lists in their accompanying proposal. Please specify where
different percentage discounts apply. Additional pricing and/or discounts may be included.
¨ Each service proposed is to be priced separately with all ineligible items identified. Services may
be awarded to multiple vendors. Respondents may elect to limit their proposals to a single service
within any category, or multiple services within any and all categories.
¨ National Cooperative Purchasing Alliance (NCPA)
Ø The National Cooperative Purchasing Alliance (herein “NCPA”) assists public agencies to
increase their efficiency and reduce their costs when procuring goods and services. This is
accomplished by awarding competitively solicited contracts that are leveraged nationally
by combining the volumes and purchasing power of entities nationwide. Our contracts are
available for use by any entity that must comply with procurement laws and regulations.
¨ It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP.
Ø Provide a comprehensive competitively solicited Master Agreement offering Products and
Services to Public Agencies;
Ø Achieve cost savings of Vendors and Public Agencies through a single competitive
solicitation process that eliminates the need for multiple proposals;
Ø Combine the purchasing power of Public Agencies to achieve cost effective pricing;
Ø Reduce the administrative and overhead costs of Vendors and Public Agencies through
state of the art purchasing procedures.
¨ Vendor Scope
Ø It is the intention of Region 14 ESC to establish a contract with vendor(s) for Electrical
Equipment, Bulbs and Ballasts and Related Services. Awarded vendor(s) shall provide
products and perform covered services under the terms of this agreement. Offerors shall
provide pricing based on a discount from a manufacturer’s price list or catalog, or fixed
price, or a combination of both with indefinite quantities. Additional pricing and/or
discounts may be included. If Offeror has existing cooperative contracts in place, Offeror is
requested to submit pricing equal or better than those that are in place. Multiple
percentage discount structure is also acceptable. Please specify where different
percentage discounts apply.
Ø Each service proposed is to be priced separately with all ineligible items identified. Services
may be awarded to multiple vendors. Offerors may elect to limit their proposals to a single
service within any category, or multiple services within any or all categories.
Ø Region 14 ESC is seeking a service provider that has the depth, breadth and quality of
resources necessary to complete all phases of this contract. In addition, Region 14 ESC also
requests any value-add product or service that could be provided under this contract.
Ø While this solicitation specifically covers Electrical Equipment, Bulbs and Ballasts and
Related Services, respondents are encouraged to submit an offering on any and all products
or services available that they currently perform in their normal course of business.
Instructions to Respondents
¨ Submission of Response
Ø Only responses received via our online Bonfire portal will be accepted. Faxed or mailed
responses will not be accepted.
Ø Responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC
reserves the right to reject or accept any response.
Ø Deviations to the terms, conditions and/or specifications shall be conspicuously noted in
writing by the respondent and shall be included with the response.
Ø Withdrawal of response will not be allowed for a period of 120 days following the opening.
Pricing will remain firm for 120 days from submittal.
¨ Required Proposal Format
Ø Responses shall be provided electronically via our online Bonfire portal. Tabs should be
used to separate the proposal into sections, as identified below. Respondents failing to
organize in the manner listed may be considered non-responsive and may not be evaluated.
It’s recommended that all tabs, with the exception of Tab 7 (Pricing), be submitted in
Portable Document Format (PDF). Please note pricing can be submitted separately in a
alternate format (e.g. xlsx, xls, csv).
¨ Tabs
Ø Tab 1 Master Agreement / Signature Form
Ø Tab 2 NCPA Administration Agreement
Ø Tab 3 Vendor Questionnaire
Ø Tab 4 Vendor Profile
Ø Tab 5 Products and Services / Scope
Ø Tab 6 - References
Ø Tab 7 - Pricing
Ø Tab 8 Value Added Products and Services
Ø Tab 9 Required Documents
Tab 1 – Master Agreement
General Terms and Conditions
¨ Customer Support
Ø The vendor shall provide timely and accurate technical advice and sales support. The
vendor shall respond to such requests within one (1) working day after receipt of the
request.
¨ Disclosures
Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any
time hereafter any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor or service to a public servant in connection with this contract.
Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at
independently, and is submitted without collusion with anyone to obtain information or
gain any favoritism that would in any way limit competition or give an unfair advantage
over other vendors in the award of this contract.
¨ Renewal of Contract
Ø Unless otherwise stated, all contracts are for a period of one (1) year with an option to
renew annually for an additional five (5) years if agreed to by Region 14 ESC and the
vendor.
¨ Funding Out Clause
Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A
contract for the acquisition, including lease, of real or personal property is a commitment
of the entity’s current revenue only, provided the contract contains either or both of the
following provisions:
Ø Retains to the entity the continuing right to terminate the contract at the expiration of each
budget period during the term of the contract and is conditioned on a best efforts attempt
by the entity to obtain appropriate funds for payment of the contract.
¨ Shipments (if applicable)
Ø The awarded vendor shall ship ordered products within the written estimate of delivery
time by the vendor to the entity after the receipt of the order unless modified. If a product
cannot be shipped within that time, the awarded vendor shall notify the entity placing the
order as to why the product has not shipped and shall provide an estimated shipping date.
At this point the participating entity may cancel the order if estimated shipping time is not
acceptable. All deliveries shall be freight prepaid, F.O.B. destination.
¨ Tax Exempt Status
Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility
of the vendor.
¨ Payments
Ø The entity using the contract will make payments directly to the awarded vendor or their
affiliates as long as written request and approval by NCPA is provided to the awarded
vendor.
¨ Adding authorized distributors/dealers
Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their
contract throughout the life of the contract. Vendor must receive written approval from
NCPA before such distributors/partners/resellers considered authorized.
Ø Purchase orders and payment can only be made to awarded vendor or
distributors/business partners/resellers previously approved by NCPA.
Ø Pricing provided to members by added distributors or dealers must also be less than or
equal to the pricing offered by the awarded contract holder.
Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of
the vendor's agreement with NCPA.
¨ Pricing
Ø All pricing submitted to shall include, as a cost of sale to the awarded vendor, the
administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded
vendor’s responsibility to keep all pricing up to date and on file with NCPA. For those
pricing requiring annual or periodic pricing updates, awarded vendors are expected to
provide these changes as submitted.
Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing
offered unless otherwise clearly stated in writing
¨ Warranty
Ø Proposals should address each of the following:
§ Applicable warranty and/or guarantees of equipment and installations including
any conditions and response time for repair and/or replacement of any components
during the warranty period.
§ Availability of replacement parts
§ Life expectancy of equipment under normal use
§ Detailed information as to proposed return policy on all equipment
Ø All supplies, equipment and services shall include manufacturer's minimum standard
warranty and one (1) year labor warranty unless otherwise agreed to in writing.
¨ Audit rights
Ø Vendor shall, at Vendor’s sole expense, maintain appropriate due diligence of all purchases made by any entity that utilizes this Agreement. NCPA and Region 14 ESC each reserve 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. In the State of New Jersey, this audit right shall survive termination of this Agreement for a period of five (5) years from the date of
final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.
Ø Region 14 ESC shall have the authority to conduct random audits of Vendor’s pricing that is offered to eligible entities at Region 14 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 14 ESC is made aware of any pricing being offered to eligible agencies that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Vendor’s pricing at Vendor’s sole cost and expense. Region 14 ESC may conduct the audit internally or may engage a third-party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 14 ESC or NCPA.
¨ Indemnity
Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its
participants, administrators, employees and agents against all claims, damages, losses and
expenses arising out of or resulting from the actions of the vendor, vendor employees or
vendor subcontractors in the preparation of the solicitation and the later execution of the
contract.
¨ Licenses and Duty to keep current licenses
Ø Vendor shall maintain in current status all federal, state and local licenses, bonds and
permits required for the operation of the business conducted by vendor. Vendor shall
remain fully informed of and in compliance with all ordinances and regulations pertaining
to the lawful provision of services under the contract. Region 14 ESC reserves the right to
stop work and/or cancel the contract of any vendor whose license(s) expire, lapse, are
suspended or terminated. Vendor is expected to provide all required license(s) with this RFP
response.
¨ Franchise Tax
Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of
any franchise taxes.
¨ Supplemental Agreements
Ø The entity participating in this contract and awarded vendor may enter into a separate
supplemental agreement to further define the level of service requirements over and above
the minimum defined in this contract i.e. invoice requirements, ordering requirements,
specialized delivery, etc. Any supplemental agreement developed as a result of this contract
is exclusively between the participating entity and awarded vendor.
¨ Certificates of Insurance
Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of
work. The insurance company shall be licensed in the applicable state in which work is
being conducted. The awarded vendor shall give the participating entity a minimum of ten
(10) days notice prior to any modifications or cancellation of policies. The awarded vendor
shall require all subcontractors performing any work to maintain coverage as specified.
¨ Legal Obligations
Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and
federal laws governing the sale of products/services identified in this RFP and any
awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and
regulation must be followed even if not specifically identified herein.
¨ Protest
Ø A protest of an award or proposed award must be filed in writing within ten (10) days from
the date of the official award notification and must be received by 5:00 pm CST. No protest
shall lie for a claim that the selected Vendor is not a responsible Bidder. Protests shall be
filed with Region 14 ESC and shall include the following:
§ Name, address and telephone number of protester
§ Original signature of protester or its representative
§ Identification of the solicitation by RFP number
§ Detailed statement of legal and factual grounds including copies of relevant
documents and the form of relief requested
Ø Any protest review and action shall be considered final with no further formalities being
considered.
¨ Force Majeure
Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in
part to carry out its obligations under this Agreement then such party shall give notice and
full particulars of Force Majeure in writing to the other party within a reasonable time after
occurrence of the event or cause relied upon, and the obligation of the party giving such
notice, so far as it is affected by such Force Majeure, shall be suspended during the
continuance of the inability then claimed, except as hereinafter provided, but for no longer
period, and such party shall endeavor to remove or overcome such inability with all
reasonable dispatch.
Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or
other industrial disturbances, act of public enemy, orders of any kind of government of the
United States or any civil or military authority; insurrections; riots; epidemics; landslides;
lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests;
restraint of government and people; civil disturbances; explosions, breakage or accidents
to machinery, pipelines or canals, or other causes not reasonably within the control of the
party claiming such inability. It is understood and agreed that the settlement of strikes and
lockouts shall be entirely within the discretion of the party having the difficulty, and that
the above requirement that any Force Majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes and lockouts by acceding to the
demands of the opposing party or parties when such settlement is unfavorable in the
judgment of the party having the difficulty.
¨ Prevailing Wage
Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing
wage legislation in effect in the jurisdiction of the purchaser. It shall further be the
responsibility of the Vendor to monitor the prevailing wage rates as established by the
appropriate department of labor for any increase in rates during the term of this contract
and adjust wage rates accordingly.
¨ Miscellaneous
Ø Either party may cancel this contract in whole or in part by providing written notice. The
cancellation will take effect 30 business days after the other party receives the notice of
cancellation. After the 30th business day all work will cease following completion of final
purchase order.
¨ Cancellation for Non-Performance or Contractor Deficiency
Ø Region 14 ESC may terminate any contract if awarded vendor has not used the contract, or if purchase volume is determined to be low volume in any 12-month period.
Ø Region 14 ESC reserves the right to cancel the whole or any part of this contract due to failure by contractor to carry out any obligation, term or condition of the contract.
Ø Region 14 ESC may issue a written deficiency notice to contractor for acting or failing to act in any of the following:
¨ Providing material that does not meet the specifications of the contract; ¨ Providing work and/or material that was not awarded under the contract; ¨ Failing to adequately perform the services set forth in the scope of work and specifications; ¨ Failing to complete required work or furnish required materials within a reasonable amount of time; ¨ Failing to make progress in performance of the contract and/or giving Region 14 ESC reason to believe that contractor will not or cannot perform the requirements of the contract;
Ø Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to Region 14 ESC. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by contractor under the contract shall become the property of Region 14 ESC on demand.
¨ Open Records Policy
Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release
as public information after contracts are executed. If a vendor believes that its response, or
parts of its response, may be exempted from disclosure, the vendor must specify page-by-
page and line-by-line the parts of the response, which it believes, are exempt. In addition,
the respondent must specify which exception(s) are applicable and provide detailed
reasons to substantiate the exception(s).
Ø The determination of whether information is confidential and not subject to disclosure is
the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG
sufficient information to render an opinion and therefore, vague and general claims to
confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the
opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal
arguments on behalf of any vendor. Respondent are advised to consult with their legal
counsel concerning disclosure issues resulting from this procurement process and to take
precautions to safeguard trade secrets and other proprietary information.
If awarded vendor is going to do business in the State of Arizona, the following terms and
conditions shall apply
¨ Cancellation for Conflict of Interest
Ø Per A.R.S. 38-511 a School District/public entity may cancel this Contract within three (3)
years after Contract execution without penalty or further obligation if any person
significantly involved in initiating, negotiating, securing, drafting, or creating the Contract
on behalf of the School District/public entity is, or becomes at any time while the Contract
or an extension the Contract is in effect, an employee of or a consultant to any other party
to this Contract with respect to the subject matter of the Contract. The cancellation shall be
effective when the awarded vendor receives written notice of the cancellation unless the
notice specifies a later time.
¨ Registered Sex Offender Restriction
Ø Pursuant to this order, the awarded vendor agrees by acceptance of this order that no
employee of the awarded vendor or a subcontractor of the awarded vendor, who has been
adjudicated to be a registered sex offender, will perform work on any School District’s
premises or equipment at any time when District students are, or are reasonably expected
to be, present. The awarded vendor further agrees by acceptance of this order that a
violation of this condition shall be considered a material breach and may result in a
cancellation of the order at the District's discretion.
¨ Contract’s Employment Eligibility
Ø By entering the contract, awarded vendor warrants compliance with A.R.S. 41-4401, A.R.S.
23-214, the Federal Immigration and Nationality Act (FINA), and all other federal
immigration laws and regulations. A School District/public entity may request verification
of compliance from any contractor or subcontractor performing work under this contract.
A School District/public entity reserves the right to confirm compliance in accordance with
applicable laws. Should the School District/public entity suspect or find that the awarded
vendor or any of its subcontractors are not in compliance, the School District/public entity
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the contract for default, and suspension and/or debarment of the
awarded vendor. All costs necessary to verify compliance are the responsibility of the
award vendor.
¨ Terrorism Country Divestments
Ø Per A.R.S. 35-392, a School District/public entity is prohibited from purchasing from a
company that is in violation of the Export Administration Act.
¨ Fingerprint Checks
Ø If required to provide services on School District/public entity’s property, awarded vendor
shall comply with A.R.S. 15-511(h).
¨ Indemnification
Ø Notwithstanding all other provisions of this agreement, School District/public entity does
not agree to accept responsibility, waive liability, or indemnify the awarded vendor, in
whole or in part, for the errors, negligence, hazards, liabilities, contract breach and/or
omissions of the awarded vendor, its employees and/or agents.
Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes,
ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC
in evaluating proposals. Award(s) will be made to the prospective vendor(s) whose response is
determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To
qualify for evaluation, response must have been submitted on time, and satisfy all mandatory
requirements identified in this document.
¨ Contract Administration
Ø The contract will be administered by Region 14 ESC. The National Program will be
administered by NCPA on behalf of Region 14 ESC.
¨ Contract Term
Ø The contract term will be for one (1) year starting from the date of the award. The contract
may be renewed for up to two (4) additional one-year terms or any combination of time
equally not more than 4 years.
Ø It should be noted that maintenance/service agreements may be issued for up to (5) years
under this contract even if the contract only lasts for the initial term of the contract. NCPA
will monitor any maintenance agreements for the term of the agreement provided they are
signed prior to the termination or expiration of this contract.
¨ Contract Waiver
Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the
duly authorized agent of Region 14 ESC. The waiver by either party of any term or
condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of
any further or additional right that such party may hold under this contract.
¨ Products and Services additions
Ø Products and Services may be added to the resulting contract during the term of the
contract by written amendment, to the extent that those products and services are within
the scope of this RFP and has written approval of NCPA and Region 14 ESC.
¨ Competitive Range
Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in
the competitive range are unacceptable and do not receive further award consideration.
¨ Deviations and Exceptions
Ø Deviations or exceptions stipulated in response may result in disqualification. It is the
intent of Region 14 ESC to award a vendor’s complete line of products and/or services,
when possible.
¨ Estimated Quantities
Ø The estimated dollar volume of Products and Services purchased under the proposed
Master Agreement is $70 million dollars annually. This estimate is based on the anticipated
volume of Region 14 ESC and current sales within the NCPA program. There is no
guarantee or commitment of any kind regarding usage of any contracts resulting from this
solicitation
¨ Evaluation
Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to,
the relevant statutes, ordinances, rules and regulations that govern its procurement
practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for
contract awards will be based on multiple factors, each factor being assigned a point value
based on its importance.
¨ Formation of Contract
Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the
terms, conditions, scope of work, and specifications contained in this request. A solicitation
does not become a contract until it is accepted by Region 14 ESC. The prospective vendor
must submit a signed Signature Form with the response thus, eliminating the need for a
formal signing process.
¨ NCPA Administrative Agreement
Ø The vendor will be required to enter and execute the National Cooperative Purchasing
Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The
agreement establishes the requirements of the vendor with respect to a nationwide
contract effort.
¨ Clarifications / Discussions
Ø Region 14 ESC may request additional information or clarification from any of the
respondents after review of the proposals received for the sole purpose of elimination
minor irregularities, informalities, or apparent clerical mistakes in the proposal.
Clarification does not give respondent an opportunity to revise or modify its proposal,
except to the extent that correction of apparent clerical mistakes results in a revision. After
the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions
with those respondent’s whose proposals are determined to be reasonably susceptible of
being selected for award. Discussions occur when oral or written communications
between Region 14 ESC and respondents are conducted for the purpose clarifications
involving information essential for determining the acceptability of a proposal or that
provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will
not assist respondent bring its proposal up to the level of other proposals through
discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet
to neither obtain further consideration nor will it provide any information about other
respondents’ proposals or prices.
¨ Multiple Awards
Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will
ensure that any ensuing contracts fulfill current and future requirements of the diverse and
large number of participating public agencies.
¨ Past Performance
Ø Past performance is relevant information regarding a vendor’s actions under previously
awarded contracts; including the administrative aspects of performance; the vendor’s
history of reasonable and cooperative behavior and commitment to customer satisfaction;
and generally, the vendor’s businesslike concern for the interests of the customer.
Evaluation Criteria
¨ Product & Services/Pricing (40 points)
Ø Respondent(s)’ products and services (e.g.; quality and breadth of product(s)/service(s),
description(s) quality, reputation in the marketplace, average on time delivery rate and
historical shipping timelines, return and restocking policies and applicable fees, average Fill
Rate, shipping charges and other)
Ø Competitive Level of Pricing for vendor’s available products and services
Ø Warranties on Respondent(s)’ products and services (e.g.; availability of standard/extended
warranties, pricing, detailed descriptions, ease of process and others)
Ø Evidence of the ability of Respondent(s)’ products and services to save members time and
money (e.g.; breadth of service departments, technological advances, personnel experience,
product(s) efficiencies, and others)
Ø Other factors relevant to this section as submitted by the responder(s)
¨ Ability to Provide and Perform the Required Services for the Contract (25 points)
Ø Response to emergency orders & service (e.g.; response time, breadth of service coverage,
strength of meeting service and warranty needs of members)
Ø Customer service/problem resolution (e.g.; technical abilities of service personnel; quality
of processes,)
Ø Invoicing process (e.g.; ease of use; transparency, billing resolutions)
Ø Respondent(s)’ processes, and quality of organizational structure
Ø Contract implementation/Customer transition
Ø Financial condition of vendor
Ø Offeror’s safety record (e.g.; benchmarks, lost hours, reporting)
Ø Instructional materials and training (e.g.; administrative documentation, internal technical
training, training of agencies)
Ø Other factors relevant to this section as submitted by the proposer
¨ References (10 points)
Ø A minimum of ten (10) customer references for product and/or services of similar scope
dating within past 3 years
¨ Qualification and Experience (15 points)
Ø Respondent(s)’ reputation in the marketplace
Ø Past relationship with Region 14 ESC and/or NCPA members
Ø Experience with cooperative selling (e.g.; number of other cooperatives, Exhibited
understanding of cooperative purchasing)
Ø Experience and qualification of key employees
Ø Location and number of sales persons who will work on this contract
Ø Marketing plan and capability
Ø Past experience working with the government sector
Ø Past litigation, bankruptcy, reorganization, state investigations of entity or current officers
and directors
Ø Completeness of response (e.g.; filled out all sections, answered all questions, provided
pricing)
Ø Other factors relevant to this section as submitted by the proposer
¨ Value Added Services Description, Products and/or Services (10 points)
Ø Marketing and agency Training
Ø Customer Service
Ø Sales force training (e.g.; internal training plan, corporate officer involvement, orientation
commitment)
Ø Marketing plan and capability (e.g.; contract rollout plan, benchmarks, goals)
Ø Green initiative(s) (e.g.; philosophy, certificates, awards)
Ø Quality and breadth of value add(s)
Ø Other factors relevant to this section as submitted by the proposer
Signature Form
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with
the terms, specifications and conditions at the prices proposed within response unless noted in writing.
The undersigned further certifies that he/she is an officer of the company and has authority to negotiate
and bind the company named below and has not prepared this bid in collusion with any other Respondent
and that the contents of this proposal as to prices, terms or conditions of said bid have not been
communicated by the undersigned nor by any employee or agent to any person engaged in this type of
business prior to the official opening of this proposal.
Prices are guaranteed: 120 days
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Voss Electric Company dba Voss Lighting
5656 N Sam Houston Pkwy E Suite 180
Houston, TX 77032
713-996-8060
713-996-8061
jim.allred@vosslighting.com
James Allred Jr
Sr Lighting Specialist
Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of , by and between National
Cooperative Purchasing Alliance (“NCPA”) and (“Vendor”).
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated ,
referenced as Contract Number , by and between Region 14 ESC and Vendor, as may
be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the
purchase of Electrical Equipment, Bulbs and Ballasts and Related Services;
WHEREAS, said Master Agreement provides that any state, city, special district, local government,
school district, private K-12 school, technical or vocational school, higher education institution, other
government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively,
“public agencies”) may purchase products and services at the prices indicated in the Master Agreement;
WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the
Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other
master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement;
WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master
Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual
covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
¨ General Terms and Conditions
Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as
though fully set forth herein, and the terms and conditions contained therein shall apply to
this Agreement except as expressly changed or modified by this Agreement.
Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region
14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall
accrue and apply with equal effect to NCPA under this Agreement including, but not limited
to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications
to Region 14 ESC.
Ø Vendor shall perform all duties, responsibilities and obligations required under the Master
Agreement in the time and manner specified by the Master Agreement.
Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of
purchases under the Master Agreement as set forth herein, and Vendor acknowledges that
NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to
the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer,
representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public
Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region
August 24, 2020
August 24, 2020
02-83
Voss Electric Company dba Voss Lighting
14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the
Master Agreement, or (ii) for any payments required to be made with respect to such
order, and (c) shall not be obligated, liable or responsible for any failure by the Public
Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the
due authorization and approval necessary to purchase under the Master Agreement. NCPA
makes no representations or guaranties with respect to any minimum purchases required
to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or
Public Agency under this Agreement or the Master Agreement.
Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate
supplemental agreement to further define the level of service requirements over and above
the minimum defined in this contract i.e. invoice requirements, ordering requirements,
specialized delivery, etc. Any supplemental agreement developed as a result of this contract
is exclusively between the Public Agency and Vendor. NCPA, its agents, members and
employees shall not be made party to any claim for breach of such agreement.
¨ Term of Agreement
Ø This Agreement shall be in effect so long as the Master Agreement remains in effect,
provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through
the termination of this Agreement and all indemnifications afforded by Vendor to NCPA
shall survive the term of this Agreement.
¨ Fees and Reporting
Ø The awarded vendor shall electronically provide NCPA with a detailed monthly or
quarterly report showing the dollar volume of all sales under the contract for the previous
month or quarter. Reports shall be sent via e-mail to NCPA offices at reporting@ncpa.us.
Reports are due on the fifteenth (15th) day after the close of the previous month or quarter.
It is the responsibility of the awarded vendor to collect and compile all sales under the
contract from participating members and submit one (1) report. The report shall include
at least the following information as listed in the example below:
Agency
Name State
Zip
Code Date
PO
Number RQN Number
Sale
Amount
Admin
Fee (3%)
Total
Ø Each month NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA three (3%) administrative fee on the
amount of the agency’s purchase order less any applicable sales tax and Performance
and/or Payment bond cost. Vendor’s annual sales shall be measured on a calendar year
basis. Deadline for term of payment will be included in the invoice NCPA provides.
Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the
Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a
period of five (5) years from the date NCPA receives the accounting. In the event of such an
audit, the requested materials shall be provided at the location designated by Region 14
ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a
resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the
amount of such underpayment, together with interest on such amount and shall be
obligated to reimburse NCPA’s costs and expenses for such audit.
¨ General Provisions
Ø This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the subject matter hereof, and no other
agreement, statement, or promise relating to the subject matter of this Agreement which is
not contained herein shall be valid or binding.
Ø Awarded vendor agrees to allow NCPA to use their name and logo within website,
marketing materials and advertisement. Any use of NCPA name and logo or any form of
publicity regarding this contract by awarded vendor must have prior approval from NCPA.
Ø If any action at law or in equity is brought to enforce or interpret the provisions of this
Agreement or to recover any administrative fee and accrued interest, the prevailing party
shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to
which such party may be entitled.
Ø Neither this Agreement nor any rights or obligations hereunder shall be assignable by
Vendor without prior written consent of NCPA, provided, however, that the Vendor may,
without such written consent, assign this Agreement and its rights and delegate its
obligations hereunder in connection with the transfer or sale of all or substantially all of its
assets or business related to this Agreement, or in the event of its merger, consolidation,
change in control or similar transaction. Any permitted assignee shall assume all assigned
obligations of its assignor under this Agreement.
Ø This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s
sole discretion, to an existing or newly established legal entity that has the authority and
capacity to perform NCPA’s obligations hereunder
Ø All written communications given hereunder shall be delivered to the addresses as set
forth below.
National Cooperative Purchasing Alliance:
Name:
Title:
Address:
Signature:
Date:
Vendor:
Name:
Title:
Address:
Signature:
Date:
Voss Electric Company dba Voss Lighting
James Allred Jr
Sr Lighting Specialist
5656 N Sam Houston Pkwy E Suite 180
Houston, TX 77032
Director, Business Development
Matthew Mackel
PO Box 701273
Houston, TX 77270
August 24, 2020
NCPA Registered Vendor Quotation Number
RFP responders are requested to agree to a quotation number registration program to provide consistency and
faster service for our facility awarded vendors, agency members and participants. The process will require Facility
Contract holders to register and receive a NCPA Vendor Registered Quotation Number that must be prominently
displayed on each proposal(s) that you present to the agencies. The system will track Facility transactions from the
initial proposal stage to the completion of each project. NCPA has assembled an experienced Facilities
Management Team that stands ready and willing to assist its vendors in providing quality services to the awarded
vendor’s organization. Failure to receive the Vendor Registered Quotation Number can result in potential delays to
your services and the only acceptable proposals need to have a NCPA Vendor Registered Quotation Number.
NCPA Registered Vendor Quotation Number Process
Fill out the form on the Facilities page at www.NCPA.us
(Direct link is http://www.ncpa.us/Facilities/Register)
* Fill out and submit.
• All registered vendor quotation number requests must be submitted and a proposal number received before
you present it to your potential customer.
• You will have a response with a NCPA Vendor Registered Quotation Number within 4 hours.
• If you have an emergency and need a quotation number sooner, call any member of the Facility Management
team and we will help you.
• Include the quotation number on all proposals.
This document acknowledges that you have received and agree to the details, directions and expectations of the
NCPA Vendor Registered Quotation Number process.
Date
RFP Number
Company Name
Printed Name
Signature
7-23-2020
15-20
Voss Electric Company dba Voss Lighting
James Allred Jr
TAB 4 – VENDOR PROFILE
Information About Your Company
Please provide the following:
1. Company’s official registered name. Voss Electric Company dba Voss Lighting
2. Brief history of your company, including the year it was established.
In 1939 Henry Voss started his lighting business in Lincoln, Nebraska. He quickly realized that his
customers needed more than just quality products. He recognized helping his customers to have a
better understanding of the effective and efficient use of lighting gave them more for their lighting dollar.
Today Voss Lighting is one of the nation’s leading suppliers of lighting products, with offices in
fifteen key cities across the United States. We serve a broad range of customers from business and
industry to schools and governmental agencies. We provide lighting controls, lighting design, service
work, and installations. But we provide more than just lighting products and services. Our goal is to
discover what our customers need and how their choice of lighting impacts the economics and
efficiencies of their business. We want our customers to understand this simple fact: the right light does
make a difference – a big difference. Voss Lighting blends old-fashioned value with the latest in energy
saving lighting design and technology. To our customers that means the best, most efficient lighting
products combined with world-class service at competitive prices. Our motto is “we sell to tell”.
3. Company’s Dun & Bradstreet (D&B) number. 035077460
4. Corporate off ice location. 1601 Cushman, Lincoln, NE 68512
5. List number of employees either nationally or regionally (if your response is not all states) with
breakdown of direct sales, sales support, service technicians, engineering support and administration.
Over two hundred on average with roughly half involved in direct sales and half involved in
administration and sales support.
6. List the number and location of offices, or service centers for all states being offered in solicitation.
Additionally, list the names of key contacts at each location with title, address, phone and e-mail
address.
https://www.vosslighting.com/company/locations/
7. Please provide contact information for the person(s) who will be responsible for the following areas,
including resumes:
a. Sales TBD after award
b. Sales Support TBD after award
c. Marketing TBD after award
d. Financial Reporting TBD after award
e. Executive Support TBD after award
8. Define your standard terms of payment. Net 30 invoices or purchase cards as requested.
9. Who is your competition in the marketplace? Other national distributors
12. What is your strategy to increase market share? Seek new customers while continuing to serve our
existing customers by finding their needs in order to provide quality energy saving products and
installation services.
13. What differentiates your company from competitors?
Three words: SUSTAINABILITY , SAVINGS, and SERVICE.
SUSTAINABILITY – Our quality products are cost-effective and eco-efficient. Since lighting, on
average, consumes 25% of the energy use in a typical building, energy efficient lighting not only
reduces operating costs it also supports a clean and sustainable environment.
SAVINGS – Consider how much your light bulb costs you to own and operate rather than just the
purchase price. Four performance areas that determine the cost of ownership are color, energy, life,
and light output. Correct lighting is efficient use of energy. The color and level of light can improve
vision. Energy reduction and longer life can reduce operation and maintenance costs. The right light
makes a difference.
SERVICE – Voss Lighting Specialists come to you to help you identify your lighting needs. Our
Customer Service Representatives can help you place and track your order. Our Delivery Drivers will
bring it to you promptly, or our Office staff can hold your order for pickup at our warehouse. The Voss
Lighting team works together to help you select the right light. Voss is an Authorized Warranty
Distributor for Philips and Advance. Our Lighting and Energy Services group are highly trained lighting
and lighting control professionals, able to provide state of the art turnkey project solutions for our
customers. Our Lighting and Energy Services professionals will manage your project from concept to
completion; including design, specification, budgeting, value engineering, and installation. Our lighting
specialists manage your new construction and remodel projects on-time and on-budget.
14. Briefly summarize your company’s Quality control/Quality assurance program.
Voss Lighting only provides energy saving products from proven major lighting product manufacturers
that meet ISO, UL, and ETL quality and safety test ratings. For example Voss Lighting is a Philips
Signify authorized warranty distributor, and Signify is ISO 9001, ISO 14001 and OSHAS 18001
certified.
15. Provide information regarding whether your firm, either presently or in the past, has been involved
in any litigation, bankruptcy, or reorganization.
N/A
16. Provide evidence of your company’s ability to continuously lower the customer’s costs. Provide
examples of any documented cost reduction results that your company has engaged in with your
customers.
One project that Voss completed for KIPP Schools was documented in the linked May 2015 issue of
the Electrical Distributor. KIPP reported that, “The upgrade has been a plus financially too, delivering
about $200,000 of cost savings every year and at least $2 million in savings over the life of the retrofit,
as well as reducing total power consumption by around 10%.”
http://www.tedmagazine-digital.com/tedmagazine/may_2015?article_id=989951&pg=22#pg22
17. What is the reputation of your company’s products in the public marketplace?
Voss Lighting is one of largest independent authorized distributors for Philips Signify in the United
States. Last year Voss Lighting celebrated our eighty-year anniversary of serving the lighting needs of
our customers across the country. Voss Lighting Specialists are recognized by our customers and our
suppliers for taking our products and services to our respective geographic markets in each state that
we serve. We consider contracts as opportunities or open doors for us to sell, not obligations for our
customers to purchase. Our goal is to share what we learn about efficient lighting in order to help our
customers find sustainable products at competitive prices to meet their lighting needs.
18. Indicate your company’s ability to provide temporary cooling when needed.
Since we deliver and install lighting products we are not asked to provide temporary cooling. Voss is
not an HVAC product or service provider.
19. What equipment/system support documents will your company provide?
Voss can provide demo products and support documents to help our customers determine the right
light for their application such as specification sheets, IES data, photometric layouts, energy audit
reports, financial analysis, cost of ownership studies, simple quotes, and formal proposals.
20. Identify the process of receiving a purchase order to the ordering of equipment.
Customers can email, fax or mail their purchase orders. POs are entered into our automated system
that generates our internal request with the associated product manufacturer monitored at each branch
by our Inventory Control Manager.
21. Describe your company’s shipping schedule notification procedures.
Our Inventory Control Manager monitors orders online with our Manufacturers online systems, and our
customers are informed locally by our local Direct Sales and Sales Support representatives. Local
representatives are emailed Daily Reports to keep up with all orders.
22. Describe how your company deals with shipping delays. How do you notify your customer of
delays?
Our manufacturers provide us with online reporting of order status. For stock items delays are not a
common issue because of our stock and our major manufacturers stock. For special order items we
notify our customers prior to order and plan ahead based on product availability.
23. Provide your shipping schedule reporting form. How many times do you update?
We have access to daily updated reports produced online via our PC, IPad, or IPhone.
24. How many products do you stock? Where?
Thousands of lamps, ballasts, and fixtures. Voss has fifteen warehouses and our manufacturers can
ship to us or directly to our customers.
25. What is your percentage of on-time delivery at each manufacturing plant?
Average is over ninety percent.
26. Describe any direct order entry system or capabilities your organization has such as internet
capabilities.
Many of the companies that you see online today have only been in business since the early days of
the internet. In contrast Voss Lighting has been successfully servicing customers since 1939. Voss has
a computerized invoice system that generates delivery tickets and matching invoices. Our automated
system is designed to help our people serve our customers, and we don’t limit our service based on
what our computer system can do. Our website, www.vosslighting.com, is designed and updated to
help our customers find the information and products that they need. Customers can log in to their own
secure area to create a shopping basket. Our staff can help customers with their online ordering, or
customers can choose to phone, fax, email or mail their orders in. Since Voss Lighting is a Signify
Philips and Advance authorized warranty distributor you can bring your after purchase problems directly
to your Voss Lighting Specialist or Customer Service Representative. We pick up defective product and
deliver replacements. Our scope and data for installation or service project activity is entered online and
monitored using Trello. https://trello.com
27. If your product is defective, what is the replacement process and turnaround?
For all of our manufacturers’ products purchased through Voss we will create a “defective ticket” and
“replacement ticket” to keep track of the event. Voss will pick up the defective product, if required by the
manufacturer, and deliver the replacement product. Thankfully our warranty returns are few and far
between because our quality products last beyond the average one to five-year warranty period.
28. What is the capability of your company to respond to emergency/rush orders?
Every Voss branch has delivery drivers and access to FEDEX or local Hot-Shot delivery services.
29. State whether your company provides a quality guarantee on your products. If so, please describe.
Voss represents our manufacturers guarantee We provide quality products from ISO 9001 certified
manufacturers like Signify. https://www.assets.signify.com/is/content/PhilipsLighting/Assets/philips-
lighting/brazil/20190924-politica-qualidade.PDF.
30. Describe your procedures to monitor the quality of your products.
Before products can even be entered into our company system to make them available for sale our
corporate office reviews the product for safety, quality and environmental certifications like UL, ETL,
ISO, etc.
31. Do you offer extended parts and labor warranties? If yes, state length of warranty.
Voss has requested our manufacturers to extend their warranties as requested by our customers.
Philips has extended some of their five-year warranties to seven or ten years as needed.
32. Please give examples of state and local agencies where your company has extended labor
warranties. Include length of these warranties.
Philips extended warranties for Conroe ISD and Texas Department of Corrections up to ten years for
large purchases.
33. How does your company track warranties and update equipment lists/warranty periods as units or
components are replaced?
Our automated ordering system keeps track of inventory, order, and project history. Most major
manufacturers also have date codes on their products.
34. What states would your company not honor pricing on your supplied equipment for this contract, in
the event that this contract is made available to all states?
Voss would honor pricing in all fifty states if additional contract compliance requirements were not
needed.
35. Describe your company’s Customer Service Department (hours of operation, number of service
centers, parts outlets, number of technicians, etc.) Clarify if the service centers are owned by your
company of if they are a network of subcontractors.
Voss has Lighting Specialists and Customer Service Representatives (CSR) at every branch location.
Voss also has a nationwide Support Center team located in Lincoln, Nebraska staffed by Voss
Employees. Our lighting specialists are trained at our own Voss Lighting Education Center, in addition
to on-going product training from such major suppliers as Philips Signify and Advance. They are
trained to apply the Voss Lighting evaluation system to help you make the right lighting selection for all
of your requirements. Our Lighting Specialists bring our service to you. Lighting Specialists can be
available by mobile email, text or call for after hour emergencies.
Our goal is for our customers’ calls to always be answered by a Voss Employee during business hours,
not an automated phone system. Our knowledgeable Customer Service Representatives at your local
branch answer the phones and emails to help with your questions and take your orders. During
business hours our goal is for any branch rollover calls to be answered by experienced Voss Customer
Service Reps at our corporate office, not by voicemail.
36. Describe your call center organization.
Voss has a nationwide Support Center team located in Lincoln, Nebraska staffed by Voss Employees
as described in our answer to Question 35.
37. Does your company offer a dedicated, 800 number for all locations to place phone and fax orders?
Is the call center available 24 hours/7 days week?
Every Voss branch has an 800 number. Our online ordering through vosslighting.com is available 24/7.
Our website, www.vosslighting.com, is designed and updated to help our customers find the
information and products that they need. Customers can log in 24/7 to their own secure area to create a
shopping basket. During regular business hours our staff can help customers with their online ordering,
or customers can choose to phone, fax, email or mail their orders in.
38. Describe your process for trouble shooting a lighting problem at a site.
Our Lighting Specialists are trained to help troubleshoot lighting problems involving color, energy, life
and light output. We have the tools and training to specify lighting solutions. If you are referring to
electrical issues that cause lighting problems, then we call in our local Voss Project Manager to provide
electrical troubleshooting service through our local licensed and insured electrical contractors.
39. Describe your company’s post-installation and warranty support.
After installation Voss offers the standard one year on labor and full manufacturer warranty on
materials. Our Salesmen and Project Managers focus on maintaining customer relationships. Most
issues with LED products occur within the first six months. Thankfully we have many projects where the
product has lasted well beyond the warranty period.
40. Describe your company’s steps for system analysis.
At Voss we are trained to begin with a focus on our external and internal customers in order to
understand the situation, identify potential or existing problems, find the best solutions for given
applications, and create value that meets our customer’s perceived needs.
41. What does your company do to ensure bills are received from service centers within a reasonable
time frame and issued to government entities for payment?
Our automated system is flexible to deliver invoices to our customers in the form that they wish to
receive it, either by mail, email, fax or hand delivery.
42. Explain how your company qualifies/certifies its service centers and what types of checks are
performed to ensure standards are upheld.
Our service centers are managed locally by a Branch Manager and an Office Manager. Company
policies and our individual Roles and Responsibilities are clearly defined and reviewed with appropriate
supervisory action. Our Regional Managers help lead local branches, and all are under Corporate
supervision.
43. List the other functions your company can provide regarding unit replacement to offer a turnkey
project.
Our functions include lighting design, product training, financial consulting, and problem solving. Voss
visits our customer site with a focus on identifying their application needs or problems. Replacing one
unit with another can take on a myriad of many forms. We will propose re-lamping, retrofit, or
replacement in order to fit the solution to our customers desired outcome. We are customer focused
instead of product focused. We are knowledgeable about solid state LED lighting and controls, but our
goal is to help our customers improve their ability to accomplish their goals.
44. Explain how your company would propose a planned bulb replacement program including how units
would be identified for replacement and how pricing would be addressed.
Again, replacing one unit with another can take on a myriad of many forms. We will propose re-lamping,
retrofit, or replacement in order to fit the solution to our customers desired outcome. For example, Lone
Star College asked us to replace their 1000W metal halide fixtures one for one with LED fixtures in their
Fairbanks parking lot. Because LED fixtures with optics distribute the light for better visibility we were
able to reduce the fixture heads from four on each pole to two on each pole. We confirmed the
improved light distribution with a photometric layout of their parking lot. We were able to run an ROI
using our Voss IPad app showing that the project price of installing the new fixtures was less than the
total of re-lamping the existing poles with the existing metal halide lamps and ballasts. However, if the
ROI were to show that re-lamping would be a better choice than replacing, then we would give our
customer that information for them to make an informed decision.
45. Describe what project scheduling tools your company use to track projects during construction.
Voss uses the Trello software app which gives all of our company teams access to project information
with rule-based triggers, custom card & board buttons, calendar commands, and due date commands
that create notices in the app and emails to assigned project participants.
46. What is your company’s design approach and philosophy for a turnkey or energy retrofit contract
project?
At Voss our Lighting and Energy Services professionals specialize in new, replacement, and retrofit
design of lighting and lighting control systems. We utilize state of the art design technology together
with current lighting and lighting control regulations and products, environmental and aesthetic
considerations, operation and maintenance costs, and customer expectations to provide our customers
with a quality design resulting in a cost effective and visually enhanced outcome.
At Voss Lighting we take project management and logistics to a new level. Our Lighting and Energy
Services professionals provide a unique turnkey project experience by bringing to our customers a
single point of contact who will coordinate all project related details and provide clear and proactive
communication. We work closely with our customers, along with designers, architects, engineers,
governing agencies, and contractors to provide a professionally managed project experience.
47. Describe your company’s construction management plan.
Our Lighting and Energy Services division provides our customers with complete project management
from inception to project completion. We assist our customers in developing a project budget with a
realistic return on investment and completion schedule. Our in-house fixture and lighting control
divisions enable us to professionally manage inventory and procurement of product, resulting in
minimized costs and on-time arrival at the project site. Our goal is to provide our customers with a
professionally managed project that is completed on time and on budget.
48. What is your standard warranty on installation?
Our industry standard warranty on installation is one year
49. What is your standard warranty on energy retrofit contracting?
Warranty is based on customers needs as specified in the contract.
50. Do you differentiate in your company’s standard warranty if financing is part of the contract? If so,
please describe.
Yes. Warranty is based on customers needs as specified in the contract.
51. What states would your company not honor pricing on services for this contract, in the event that
this contract is made available to all states?
Voss would honor pricing in all fifty states if additional contract compliance requirements were not
needed.
52. Indicate number of lost hours or other benchmarks to verify your company’s effectiveness of their
safety record.
Voss employs a Safety Coordinator who directs, implements, and monitors company safety, safety
policy, and safety training, as required for all Voss employees. In calendar year 2019, Voss
experienced no project safety-related delays or project stoppages. In calendar year 2019, Voss
experienced the following (3) non-project related safety-related recordable statistics: (1) case of an
incident resulting in lost work days, (1) case with restricted duty/job transfer days away from work, (1)
other recordable case, (111) days of restricted duty/job transfer, (4) days away from work. Voss
calendar year 2019 rates as follows: Total Recordable Incident Rate was 1.45, Restricted Work Day
Case Rate was 0.48, Lost Work Day Rate was 1.93, Severity Rate was 1.33. Voss First Quarter 2020
rates as follows: All categories were 0.00.
53. What reporting mechanism does your company provided to the customer upon completion of any
project?
Our invoice reflects the scope of work as completed as confirmed by the final customer walkthrough.
54. Detail how your organization plans to market this contract within the first 90 days of the award date.
This should include, but not be limited to:
a. A co-branded press release within first 30 days
A national school official publication would be a good way to reach our intended audience.
b. Announcement of award through any applicable social media sites
We post news on Linked-In, Twitter, Parler, Facebook, and vosslighting.com
c. Direct mail campaigns
Voss still prints postcards and thank you notes with our logo, although email is popular.
d. Co-branded collateral pieces
Voss produces professional promotional materials available for pdf or print.
e. Advertisement of contract in regional or national publications
Voss can advertise through organizations such as TEMA and TASB.
f. Participation in trade shows
Voss actively participates as a member of and presenter for Texas Energy Managers
Association at the State level TEMA EXPO, Regional Chapter Meetings, and online
at www.texasema.org/tema-can-help.aspx. We have participated at USGBC Texas,
TASBO, NIGP, and BOMA EXPO. Voss branches participate similarly in each state.
g. Dedicated NCPA and Region 14 ESC internet web-based homepage with:
i. NCPA and Region 14 ESC Logo
ii. Link to NCPA and Region 14 ESC website
iii. Summary of contract and services offered
iv. Due Diligence Documents including; copy of solicitation, copy of contract and any
v. amendments, marketing materials
55. Describe how your company will demonstrate the benefits of this contract to eligible entities if
awarded.
Voss believes in building customer relationships by demonstrating real dollar saving opportunities that
are available since saving time and effort has a direct impact on our customers’ bottom line. Purchasing
directors understand the total costs of going out for quotes and bids. Maintenance directors understand
the time delays in asking for quotes and waiting on a bid process. School Administrators understand
the constraint of budget timelines and the limited availability of funds.
56. Explain how your company plans to market this agreement to existing government customers.
Voss has had years of experience marketing cooperative agreements to our existing customers,
including our current awarded contract NCPA 02-41 Electrical Equipment, Bulbs and Ballasts and
Related Services. We have appreciated our relationship with NCPA. With the advent of LED fixtures
and lighting controls all of our customers are looking into the availability of these new products. Lamps
and ballasts used to be commodity items that had not changed much since Edison invented the light
bulb. Solid -state lighting products change as fast as solid-state components improve in efficiency. Many
LED products that were brand new just five years ago have already been replaced by more efficient
products. Voss believes that this contract is valuable in that it not only allows for the timely purchase
and installation of lighting products, but it also allows for manufacturer price list discounts on lighting
products that are dynamically changing .
57. Provide a detailed 90-day plan describing how the contract will be implemented within your
company.
We will continue to roll out NCPA member lists as available, products available on NCPA, and
instructions on how to proceed to the key personnel. Since the entire filing will be electronic each
branch will receive a copy. Many of us are already successfully using NCPA 02-41, and our goal is to
expand those opportunities to our other branches. Voss Lighting schedules online meetings and
conference calls for sales training, as well as in-person meetings as allowed under current COVID19
restrictions. All government salesmen, national account managers, project managers and corporate
management will have the opportunity to discuss implementation issues and concerns. Voss spends a
tremendous effort in training us on customer focused sales and on our available resources. Since we
have already been using NCPA 02-41 for five years we have experience with implementing a national
cooperative. LED savings opportunities with fixtures and controls are widely available so the timing of
the reintroduction of this contract to the marketplace is fortunate. Voss Lighting built our reputation and
grew our business on politely educating our customers on the value of the right light. We will continue
to do that one customer at a time.
58. Describe how you intend on train your national and/or regional sales force on the Region 14 ESC
agreement.
See answer to number 57.
59. Acknowledge that your organization agrees to provide its company logo(s) to Region 14 ESC and
agrees to provide permission for reproduction of such logo in marketing communications and
promotions.
Voss agrees, and attached our most recent logo. Our government salesmen would like to continue to
include the NCPA logo on our business cards and promotional materials.
61. Describe your company’s implementation and success with existing cooperative purchasing
programs, if any, and provide the cooperative’s name(s), contact person(s) and contact information as
reference(s).
NCPA 02-41, Jon Symko, jsymko@ncpa.us
Region V ESC, SETX Purchasing Cooperative, Vanessa Travis, vross@esc5.net
EPIC6, Region V I ESC, Matthew Reddoch, mreddoch@esc6.net
Region VII ESC, ELEC1617, Martha Lakey, purchasing@esc7.net
62. Describe the capacity of your company to report monthly sales through this agreement.
Office Managers and Customer Service Representatives will continue to enter each applicable order
with an NCPA designation since we will have RQN or Registered Quotation Numbers. Our Internal
Operations Supervisor will continue directing report activities.
63. Describe the capacity of your company to provide management reports, i.e. consolidated billing by
location, time and attendance reports, etc. for each eligible agency.
Voss Lighting has an automated system that seamlessly uses the same unique number for quote, order
and invoice. Historical reports are simple queries.
64. Please provide any suggested improvements and alternatives for doing business with your
company that will make this arrangement more cost effective for your company and Participating Public
Agencies.
65. Please provide your company’s environmental policy and/or green initiative.
Voss Lighting is committed to providing sustainable products that meet the needs of the present
generation without compromising the ability of future generations to meet their own needs. For
example, Signify ALTO II lamps average 70% less mercury than the industry average for fluorescent
lamps. Voss offers several recycling options. Before selling any lighting product we dialogue with our
customers to discover their needs. We are trained to be customer focused and ask questions about
their lighting system performance, about what they want, about what their problems may be, about
whether they are getting enough light or too much, about whether they get satisfactory life out of their
current lamps and ballasts, and about whether their lighting system is energy efficient.
Our customers can be confident in the energy efficient and longer life products we provide because we
stock name-brand lighting products from manufacturers like Signify who are ISO 14001 certified.
https://www.signify.com/global/sustainability/sustainable-operations
66. Provide a copy of all current licenses, registrations and certifications issued by federal, state and
local agencies, and any other licenses, registrations or certifications from any other governmental entity
with jurisdiction, allowing respondent to perform the covered services including, but not limited to
licenses, registrations or certifications. M/WBE, HUB, DVBE, small and disadvantaged business
certifications and other diverse business certifications, as well as manufacturer certifications for sales
and service must be included if applicable.
Voss has local electrical contractor licenses as required. For example our Texas Electrical Contractors
License or TECL number is 30854.
Tab 5 – Products and Services
¨ Respondent shall perform and provide these products and/or services under the terms of this
agreement. The supplier shall assist the end user with making a determination of their individual
needs.
¨ NCPA is soliciting national and regional vendors that can supply a wide range of electrical equipment
and supplies that include multiple brands.
¨ Also, NCPA is soliciting vendors that distribute a full line of illumination devices including
fluorescent, halogen, and LED bulbs and tubes, and including any ballast required.
¨ Additionally, NCPA is soliciting national and regional vendors that can provide the following services:
a. Lighting Distribution
b. Electrical Contracting
c. Energy Auditing (in relation to lighting)
d. Retrofit Services
e. Controls Integration
¨ Respondents are requested to provide product forms with detailed description of your product
offerings. Provide the minimum information including, manufacturer’s name, shipping info, market
share, efficiencies, where manufactured, etc.as listed for your product categories including but not
limited to following classifications of product:
a. Ballasts
b. BatteriesBoxes
c. Building Materials
d. Conduit Fittings
e. Controls
f. Disposable Recycling
g. Fans
h. First Aid
i. Fixtures
j. Flashlights
k. Fuses
l. Glassware/Globes
m. Hardware
n. Ladders
o. Lamp Changers
p. Lamp Holders
q. Lamps
r. Meters
s. Photocontrols
t. Plastic/Guards
u. Poles/Fitters
v. Smoke Detectors
https://www.signify.com/en-us/brands/advance
https://www.vosslighting.com
https://www.lutron.com, https://www.leviton.com
https://www.veolianorthamerica.com/what-we-do/waste-capabilities/
prepaid-recycling-and-disposal
* see below
https://www.satco.com/products/menu/Components/GlasswareAndShades
https://www.leviton.com/en/search-results#q=lampholders&t=Products&sort=relevancy&layout=card
https://www.usa.lighting.philips.com/consumer/choose-a-bulb
https://www.lutron.com, https://www.leviton.com, https://www.intermatic.com
http://www.plast-d-fusers.com
https://www.lightmart.com
https://www.interstatebatteries.com
w. Sprays/Lubricants
x. Switchgear
y. Tape
z. Timeclocks
aa. Tools/Misc
bb. Transformers
cc. Wires/Cables
*Fixtures
https://www.signify.com/en-us/products?p=false
https://barronltg.com
http://www.brownlee.com
https://www.colorkinetics.com/global
https://www.signify.com/global/lighting-academy/browser/course/pck-essentials
https://www.contechlighting.com/en/ct/home
https://www.creelighting.com
https://barronltg.com/brand/Exitronix/1
https://www.hubbell.com/hubbell/en/search/?
text=spectraclean&CSRFToken=f0119838-e5e0-4b19-a202-b2f930ceb291
https://kenall.com/Home
https://keystonetech.com/smartsafe/
https://www.intermatic.com
https://www.signify.com/en-us/brands/advance/ballasts
Tab 8 – Value Added Products and Services
¨ Include any additional products and/or services available that vendor currently performs in their
normal course of business that is not included in the scope of the solicitation that you think will
enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.
Executive Summary
¨ Describe the product and/or service in an outline format
¨ Describe the value to participating agencies
¨ Describe the value to NCPA
¨ Describe how your company would market this product and/or service through this contract
¨ Provide an anticipated size of the market for this product and/or service in the public arena
Detail Description
¨ Where is the product manufactured?
¨ Any certifications provided?
¨ Where is the service performed?
¨ Who performs the service and what is their expertise?
¨ Is this a proprietary product and, if not, who is your competition?
¨ Provide references
¨ Provide case studies
¨ Provide any pricing that is different than the pricing in Tab 7 in this solicitation.
With the advent of energy saving LED lighting and solid state controls Voss Lighting has expanded our services to provide
turnkey project solutions to meet our customers growing needs. Our Lighting and Energy Services professionals will manage
your project from concept to completion; including design, specification, budgeting, value engineering, and installation.
https://www.vosslighting.com/company/lighting-and-energy-services/
NCPA 15-20 TAB 8 - Value Added Products and Services Attachment WHY VOSS.pdf
Voss works with our customers to help them obtain available rebates offered by their electrical service providers. Energy
savings afford the opportunity for our customers to obtain financing based on proven energy savings as described briefly on
“NCPA 15-20 TAB 8 - Value Added Products and Services Attachment VOSS LESG Energy Finance.pdf”.
Our desire is meet our customers total needs for their facilities. One new concern expressed by our customers is the lack of
charging stations for the electric cars that are needing to park at government buildings. LED parking lot light conversions
provide significant energy savings allowing for the addition of the desired new chargers. Voss can propose a single turnkey
project to convert parking lot lights and to add EV Chargers.
For EVC Pricing see NCPA 15-20 TAB 7 - Pricing Leviton Vehicle Charging Stations 070120.xlsx
For EVC Specifications see NCPA 15-20 TAB 8 Value Added Products and Services Attachment EV CHARGERS.pdf
EXECUTIVE SUMMARY
Tab 9 – Required Documents
¨ Clean Air and Water Act / Debarment Notice
¨ Contractors Requirements
¨ Antitrust Certification Statements
¨ Required Clauses for Federal Funds Certifications
¨ Required Clauses for Federal Assistance by FTA
¨ State Notice Addendum
Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as
amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40
CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting
violations to the grantor agency and to the United States Environment Protection Agency Assistant
Administrator for the Enforcement.
I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for
participation in Federal Assistance programs under Executive Order 12549, “Debarment and
Suspension”, as described in the Federal Register and Rules and Regulations
Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date
Contractor Requirements
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality
Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further
warrants that it is in compliance with the various state statues of the states it is will operate this contract
in.
Participating Government Entities including School Districts may request verification of compliance from
any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to
confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in
compliance, they may pursue any and all remedies allowed by law, including, but not limited to:
suspension of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires compliance
with federal immigration laws by State employers, State contractors and State subcontractors in
accordance with the E-Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed
Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a
full set of fingerprints to the school district if requested of each person or employee who may provide such service.
Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be
made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the
appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which
fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide
services on school district properties until authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which
the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being
performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have
scrutinized business operations in Sudan and/or Iran.
Authorized signature
Date
Antitrust Certification Statements (Tex. Government Code § 2155.005)
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm,
partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas
Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law;
and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this
bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the
same line of business as the Company.
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Required Clauses for Federal Funds Certifications
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following
certifications and provisions may be required and apply when a Participating Agency expends federal funds for any
purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small
purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the
procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances
where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the
definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted
construction contract, the equal opportunity clause is incorporated by reference herein.
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with
the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR
Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In
accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors
must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract
or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must
report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision
for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,
to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the
non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision
for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked
in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding
agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must
comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations
issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-
Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations
must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be
made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance
with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process,
offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror
further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all
other pending matters are closed.
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror
certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321
et seq.; 49 C.F.R. Part 18).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal
Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America
Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating
Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable
procurement rules calling for free and open competition.
Required Clauses for Federal Assistance provided by FTA
ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less
than three (3) years after the date of termination or expiration of this Contract or any extensions thereof
except in the event of litigation or settlement of claims arising from the performance of this Contract, in
which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the
Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records
with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to
reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the
purpose of audit and examination.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11).
CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the
Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C.
§ 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition,
Contractor agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this
Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended,
42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR,
Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of this Project.
Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, creed, national origin, sex, marital
status, or age. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In addition, Contractor
agrees to comply with any implementing requirements FTA may issue.
b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29
U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing
regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment
discrimination by Contractor against individuals on the basis of age, including present and prospective
employees. In addition, Contractor agrees to comply with any implementing requirements FTA may
issue.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended
(ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with
disabilities in programs, activities, and services, and imposes specific requirements on public and private
entities. Contractor agrees that it will comply with the requirements of the Equal Employment
Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with
disabilities and with their responsibilities under Titles I through V of the ADA in employment, public
services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide
for their employees any segregated facilities at any of their establishments, and that they do not and will
not permit their employees to perform their services at any location under the Contractor’s control
where segregated facilities are maintained. As used in this certification the term “segregated facilities”
means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas,
parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fact segregated on the basis
of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees
that a breach of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations,
either by competitive bidding or negotiation, made by Contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations
relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination
provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may
determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under
the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in
whole or in part.
Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal
assistance provided by FTA, modified only if necessary to identify the affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the
policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in
49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this Contract. Contractor shall carry out all
applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure
by Contractor to carry out these requirements is a material breach of this Contract, which may result in the
termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract
Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime
Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of
payment for that Work from public agency. In addition, Contractor is required to return any retainage
payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this
Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of
payment from the above time frames may occur only for good cause following written approval of public
agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify
public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails
to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at
least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that
Work through its own forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public
agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable
opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract.
Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent
agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the
efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in
the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C.
Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including
without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may
be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall
constitute a material breach of this Contract.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of
Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions
required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform
any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to
be in violation of the FTA terms and conditions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and
notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the
underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or
liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance
provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who
will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§
3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to
this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the
FTA assisted project for which this Contract Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the
right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal
Government deems appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement,
submission, or certification to the Federal Government under a contract connected with a project that is financed in whole
or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government
reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent
the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance
provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will
be subject to the provisions.
State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to
include all county, city, special district, local government, school district, private K-12 school, higher education
institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all
other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national
contract.
For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/Local Government/Cities.shtml
http://nces.ed.gov/globallocator/
https://harvester.census.gov/imls/search/index.asp
http://nccsweb.urban.org/PubApps/search.php
http://www.usa.gov/Government/Tribal-Sites/index.shtml
http://www.usa.gov/Agencies/State-and-Territories.shtml
http://www.nreca.coop/about-electric-cooperatives/member-directory/
https://sos.oregon.gov/blue-book/Pages/state.aspx
https://portal.ehawaii.gov/government/
https://access.wa.gov/governmentagencies.html
EXHIBIT B
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
VOSS ELECTRIC COMPANY
DBA
VOSS LIGHTING
[Quote or Work Order]
See following pages.