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Contract 2022-006ADocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
CONTRACT APPROVAL FORM
TO: BRIAN BULTHIUS, CITY MANAGER LF�
THRU: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR
FROM: RAMSEY JIMENEZ, SENIOR PROCUREMENT AGENT
SUBJECT: HVAC & REFRIGERATION SYSTEMS SERVICES
DATE: JANUARY 26, 2022
THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE
FOLLOWING:
1. APPROVE: Piggyback Sourcewell agreement No. 070121-CAR with Carrier Corporation
to provide HVAC & Refrigeration Systems Services for the Police Department and Public
Services. The agreement will take effect on the date of execution by both parties and will
remain in effect until August 12, 2025, unless renewed or terminated as provided by the
Sourcewell contractual agreement. This agreement may extended for one (1) additional
year upon the request from Sourcewell and written agreement by supplier.
2. Why is this action necessary: In accordance with the City of Clermont Purchasing
Policy, the City Manager is authorized to approve contracts under $50,000 that do not
require a budget amendment.
3. ADDITIONAL INFORMATION: At the request of the Public Services Department for the
Police Department, the Procurement Services Department sought a contract with
Sourcewell for HVAC & Refrigeration Systems Services, contract number 070121-CAR.
The estimated annual expenditures is less than $15,000 and it is included in the Public
Services Department budget. The Procurement Services Department issued RFI 2109-
004 to notify local vendors of the City's intent to utilize other governmental entities'
contract. At the completion of the RFI the Procurement Services Department received no
interest. The Sourcewell contract was fully competed, advertised, and complies with the
City of Clermont Purchasing Policy.
4. FISCAL IMPACT: The fiscal impact of $8,000 is included in the current year approved
budget.
5. EXHIBITS: Sourcewell Bid Tabulation
Carrier Corporation Agreement
LcuSlgned by:
NA, 6WAJ i S
Signature
APPROVAL AUTHORITY
Approved Q Disapproved ❑
Reason/Suggestion (If disapproved)
City Manager
Title
2/1/2022
Date
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
AGREEMENT NO. 2022-006 FOR
HVAC & REFRIGERATION SYSTEMS SERVICES
THIS AGREEMENT, is made and entered into this 1st day of February
2022, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont,
Florida, (hereinafter referred to as "CITY"), and Carrier Corporation, whose address is:
5900-H Northwoods Business Pkwy, Charlotte, North Carolina 28269, (hereinafter
referred to as "CONTRACTOR").
WHEREAS, Sourcewell through the public procurement process awarded an Agreement
for HVAC & Refrigeration Systems Services, Sourcewell Contract Number 070121-CAR;
WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of the Sourcewell Contract Number 070121-CAR;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE 1— SCOPE OF WORK
The CONTRACTOR shall furnish HVAC & Refrigeration Systems Services as described
in the Sourcewell Contract Number 070121-CAR, which is attached hereto and
incorporated herein as Exhibit "A" and shall perform everything required by this
Agreement and the other exhibits attached hereto. Provided, however, that nothing herein
shall require CITY to purchase or acquire any items or services from CONTRACTOR that
is not specified in the CITY's purchase order. To the extent of a conflict between this
Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and
govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply.
ARTICLE 2 — THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit "B",
attached hereto and incorporated herein.
ARTICLE 3 — TERM AND TERMINATION
3.1. This Agreement is to become effective upon execution by both parties, and shall
remain in effect until August 12, 2025 unless terminated or renewed by Sourcewell.
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
3.2. Notwithstanding any other provision of this Agreement, CITY may, upon written
notice to CONTRACTOR, terminate this Agreement: a) without cause and for
CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if
CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with
any of the conditions of provisions of this Agreement; or e) CONTRACTOR is
experiencing a labor dispute, which threatens to have a substantial, adverse impact
upon the performance of this Agreement, without prejudice to any other right or
remedy CITY may have under this Agreement. In the event of such termination,
CITY shall be liable only for the payment of all unpaid charges, determined in
accordance with the provisions of this Agreement, for work, properly performed
and accepted prior to the effective date of termination.
3.3. Upon mutual Agreement of the parties, this Agreement may extended one (1) year
upon the request of Sourcewell.
ARTICLE 4 — PROVISION OF SERVICES AND COMPLETION OF WORK
4.1. The CONTRACTOR shall only provide to CITY HVAC & Refrigeration Systems
Services upon receipt of an authorized order from CITY and shall provide the
requested items in the timeframe and as set forth in Sourcewell Contract Number
030817-CAR or in the specific purchase order or authorized order submitted by
CITY. Nothing herein shall obligate CITY to purchase any specific amount of
product from CONTRACTOR or create an exclusive purchase agreement between
CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any
items received until such time as CITY has accepted the items in accordance with
the order provided to CONTRACTOR.
4.2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify
CITY if it has an issue or question related to the fulfillment of the order or whether
there will be any delay in providing the items requested. Failure of
CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking
payment of any kind for any items that were delayed in delivery. Upon receipt of
notification of the delay, CITY may at its sole option cancel the order and seek the
items from any available source.
4.3. It is expressly understood and agreed that the passing, approval and/or acceptance
of any gasoline, diesel, kerosene, LP gas and bio-diesel herein by CITY or by any
agent or representative as in compliance with the terms of this Contract shall not
operate as a waiver by the CITY of strict compliance with the terms of this Contract
and the CITY may require the CONTRACTOR replace the accepted gasoline,
diesel, kerosene, LP gas and bio-diesel so as to comply with the warranties and
specifications hereof.
4.4. COMPANY specifically acknowledges that this Contract does not bind or obligate
CITY to purchase any minimum quantity of product during the term hereof.
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ARTICLE 5 — PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery of products to CITY as set forth in the applicable purchase order. CITY shall make
payment to the CONTRACTOR for all accepted deliveries and undisputed product
delivered and services provided, within thirty (30) calendar days of receipt of the invoice.
ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION
6.1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
6.3 The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont, Lake County, Florida, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE 7 — INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and
maintain during the life of this Agreement, Worker's Compensation Insurance for
all its employees connected with the work of this Project and, in case any work is
sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to
provide Worker's Compensation Insurance for all of the subCONTRACTOR
employees unless such employees are covered by the protection afforded by the
CONTRACTOR. Such insurance shall comply with the Florida Worker's
Compensation Law. In case any class of employees engaged in hazardous work
under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
7.2. CONTRACTOR's Commercial General Liability Insurance — The
CONTRACTOR shall take out and maintain during the life of this Agreement,
Commercial General Liability and Business Automobile Liability Insurance as
shall protect it from claims for damage for personal injury, including accidental
death, as well as claims for property damages which may arise from operating under
this Agreement whether such operations are by itself or by anyone directly or
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indirectly employed by it, and the amount of such insurance shall be as follows:
(a) CONTRACTOR's Commercial General Liability, $1,000,000 Each,
($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, &
Property Damage Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury &
Property Damage Occurrence, Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined
Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall
be amended to provide coverage on an occurrence basis.
7.3. Indemnification Rider
(a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify
and hold harmless the CITY and its employees from and against all claims,
damages, losses and expenses, including but not limited to reasonable
attorney's fees, arising out of or resulting from its performance of the Work,
provided that any such claim, damage, loss or expense (1) is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself) , and (2) is caused in whole or
in part by any negligent act or omission of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, regardless of whether or
not such acts are caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any
other right to obligation of indemnity which would otherwise exist as to any
party or person described in this Article; however, this indemnification does
not include the sole acts of negligence, damage or losses caused by the
CITY and its other contractors.
(b) In any and all claims against the CITY or any of its agents or employees by
any employee of the CONTRACTOR, any subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any of them
may be liable, the indemnification obligations under this Paragraph shall
not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the CONTRACTOR
or any subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the CITY for the indemnification
provided herein.
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
ARTICLE 8 — NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Carrier Global Corporation
5900-H Northwoods Business Pkwy
Charlotte, North Carolina 28269
Attn: Jim Gianopulos
OWNER: City of Clermont
Attn: Brian Bulthuis
685 W. Montrose Street
Clermont, FL 34711
ARTICLE 9 — MISCELLANEOUS
9.1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret
any provision of this Agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
9.2. Waiver — The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
9.3. Severability — If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
9.4. Amendment — Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
9.5. Entire Agreement — This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
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DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
9.6. Assignment — Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
9.7. Venue — The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
9.8. Applicable Law — This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9.9. Public Records — Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY' S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
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DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
ARTICLE 10 — AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
10.1. This Agreement
10.2. Purchase Order / Notice To Proceed
10.3. An applicable Contractor Quote or Statement of Work
10.4. All documents contained in the Sourcewell Contract Number 070121-CAR
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 1 st day of February 2022
CITY OF CLERMONT
—DocuSigned by:
bV'ia bln.("s /I',- DS
Brian Bulthuis, City
ATTEST:
DocuSigned by:
Tcy A44.,yd H-4vc
7D7F34905B344A...
Tracy Ackroyd Howe, City
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DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
CARRIER GLOBAL CORPORATION
L�ium,
ocuSigned by:
Y
B : c-4M FV1hS
(Signature)
Print Name:
Jim Gianopulos
Title: Area Sales Manager
Date: 1/25/2022
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
EXHIBIT A 070121-CAR
Sourcewell -PA'
Solicitation Number: RFP #070121
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Carrier Global Corporation, 5900-H Northwoods Bus Pkwy., Charlotte,
NC 28269 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for HVAC Systems and Related Services from which
Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires August 12, 2025, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
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070121-CAR
Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new andthe current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier's dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends
beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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070121-CAR
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax -
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At anytime during this Contract, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed
from the Hot List at anytime through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
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070121-CAR
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and will be incorporated by reference.
S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government -
owned facilities, including schools. Supplier's employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry -specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entitles may require the use of a
Participating Addendum; the terms of which will be negotiateddirectly between the
Participating Entity and the Supplier. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract (such as e-
commerce specifications, specialized delivery requirements, or other specifications and
requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
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• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, supply issues, customer
issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department);
• Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier's Authorized Representative is the person named in the Supplier's Proposal. If
Supplier's Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party.For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any third -party claims or causes of action,
including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any
act or omission in the performance of this Contract by the Supplier or its agents or employees;
this indemnification includes injury or death to person(s) or property alleged to have been
caused by some defect in the Equipment, Products, or Services under this Contract to the
extent the Equipment, Product, or Service has been used according to its specifications.
Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act
(Minnesota Statutes Chapter 466) and other applicable law.
Under no circumstances will Supplier be liable for any incidental, special, liquidated or
consequential damages, including loss of revenue, loss of use of equipment or facilities, or
economic damages based on strict liability or negligence.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and
license to use the trademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Supplier.
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b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and
license to use Supplier's trademarks in advertising and promotional materials for the
purpose of marketing Supplier's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in
advertising and promotional materials for the purpose of marketing the Parties' relationship
to Participating Entities. Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party's trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's trademarks only in good faith and in a dignified manner consistent with
such party's use of the trademarks. Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
Nonperformance of contractual requirements, or
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2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non -defaulting
party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) authorized to
do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage
and limits of insurance of the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts listed below:
Limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products -Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non -owned automobiles
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in limits of liability as indicated below. The coverage must be subject to terms no less
broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or
equivalent.
Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer's Liability, Commercial General Liability, and
Commercial Automobile.
Limits:
$2,000,000 per occurrence and in aggregate
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data — including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Limits:
$2,000,000 per claim
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsements) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier or its subcontractors, except such rights as Supplier has to
proceeds. The waiver must apply to all deductibles and/or self -insured retentions applicable to
the required or any other insurance maintained by the Supplier or its subcontractors. Where
permitted by law, Supplier must require similar written express waivers of subrogation and
insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self -insured retention.
i IPK4101 IVi1114/_1 Z 14:
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 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 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference.
B. 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 C.F.R. § 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 C.F.R. § 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. Supplier must be in
compliance with all applicable Davis -Bacon Act provisions.
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C. 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 C.F.R. § 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. This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 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 C.F.R. § 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. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
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).
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 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 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
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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. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have 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. Suppliers must 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. Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31
U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier
must 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.
J. BUY AMERICAN PROVISIONS COMPLIANCE. Any order requiring Buy American provisions
will not be accepted until Supplier confirms in writing it can comply with the specific applicable
Buy American clause cited. Purchases made in accordance with the Buy American Act must
follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Supplier that are directly pertinent to Supplier's discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Supplier's personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre -approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to
this Contract or any purchase by an Participating Entity and is not subject to any obligations or
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a
Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell,
and Participating Entity are able to assess the actual or potential conflict; and provide any
additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources
and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it
will comply with applicable requirements of 2 C.F.R. § 200.216.
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070121-CAR
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies
that during the term of this Contract will comply with applicable requirements of 2 C.F.R. §
200.322.
U. FEDERAL GOVERNMENT REQUIREMENTS STIPULATION. Supplier is a commercial entity and
the components, equipment and services to be included by Supplier in its proposal and to be
provided in the event of an award are offered on the basis that they constitute commercial
items as defined in the Federal Acquisition Regulations ("FAR"). Similarly, the prices to be
offered by Supplier in its proposal, and which would be offered in any resulting contract and
any modifications or changes to such contract are based on Supplier's standard commercial
accounting policies and practices. Supplier's accounting practices comply fully with U.S. GAAP,
but do not take into account any additional or special requirements of Cost Accounting
Standards, nor meet the requirements of FAR Part 31 or any similar procurement regulations,
including those of the U.S. Department of Defense. Accordingly, Supplier makes its proposal
based on its belief that an award can be made to Supplier consistent with FAR Part 12 -
"Acquisition of Commercial Items," and that submission of cost and pricing data consistent with
CAS/FAR Part 31 will not be required. Supplier does not accept and will not be held liable for
any flow down requirements unless specifically agreed to in writing.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier's
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell
ECOFDDooccu'SAiigrn.ad bby:
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2A13S&Wayf,�
9D06489...
By:
Jeremy Schwartz
Title: Chief Procurement Officer
10/7/2021 1 9:30 PM CDT
Date:
Carrier Global Corporation
DocuSigned by:
F1B5CDFCEE8A47B...
Simon C. Walls
Title: Global Strategic Accounts Leader
Date:
10/7/2021 1 11:01 AM CDT
Rev. 3/2021 18
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
070121-CAR
Approved:
0
(p �D�occuSigneedby,
h
7E42B8F817A64CC...
Chad Coauette
Title: Executive Director/CEO
10/7/2021 1 9:34 PM CDT
Date:
Rev. 3/2021 19
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
RFP 070121 - HVAC Systems and Related Services
Vendor Details
Company Name:
Carrier Global Corp
Does your company conduct
business under any other name? If
Carrier Corporation
yes, please state:
5900-H Northwoods Bus Pkwy
Address:
Charlotte, NC 28269
Contact:
Alex Reif
Email:
alex.l.relf@carrier.com
Phone:
704-521-6443
HST#:
06-0991716
Submission Details
Created On:
Tuesday June 15, 2021 15:26:02
Submitted On:
Wednesday June 30, 2021 15:43:18
Submitted By:
Alex Reif
Email:
alex.l.relf@carrier.com
Transaction #:
0278eeef-41 a2-4fbe-a881-901 b9690436a
Submitter's IP Address:
104.129.206.103
Bid Number: RFP 070121 Vendor Name: Carrier Global Corp
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
Specifications
Table 1: Proposer Identity 8r Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also
providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation).
Line
Item
question
Response.
1
Proposer Legal Name (one legal entity only):
Carrier Global Corporation
2
Identify all subsidiary entities of the Proposer
Carrier Corporation
whose equipment, products, or services are
included in the Proposal.
3
Identify all applicable assumed names or DBA
Carrier Corporation
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.
4
Proposer Physical Address:
5900-H Northwoods Bus Pkwy, Charlotte, N.C. 28269
5
Proposer website address (or addresses):
www.canier.com
6
Proposer's Authorized Representative (name,
Meredith Emmerich, Vice President, North America, Commercial HVAC, 5900-B Northwoods Bus Pkwy, Charlotte, NC. 28269.
title, address, email address & phone) (The
meredith.emmerich@carrier.com
representative must have authority to sign
the "Proposer's Assurance of Compliance" on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):
7
Proposer's primary contact for this proposal
Alex Relf, Strategic Account Manager, 5900-H Northwoods Bus Pkwy, Charlotte, N.C. 28269, 704-521-6443, alex.l.relf@carrier.com
(name, title, address, email address & phone):
8
Proposer's other contacts for this proposal, if
Joe Ison, Strategic Accounts Manager, 5900-H Northwoods Bus Pkwy, Charlotte, N.C. 28269, 501-529-9688,
any (name, title, address, email address &
joseph.e.ison@carrier.com
phone):
Table 2: Company Information and Financial Strength
Line
Item
question
9
Provide a brief history of your company, including your
Carrier Engineering Corporation was incorporated in New York on June 26, 1915 by seven engineers led by Willis
company's core values, business philosophy, and industry
Carrier. In 1930, Carrier Air Conditioning was formed through the merger of Carrier Engineering Corporation with
longevity related to the requested equipment, products or
Brunswick-Kroeschell Company and York Heating & Ventilating Corporation. In 1978, Carrier Corporation, a
services.
corporation organized in the State of Delaware, became a wholly owned subsidiary of United Technologies
Corporation, and was subsequently spun off as a stand alone company in April of 2020. Carrier Corporation is the
leading manufacturer of heating, ventilation and air conditioning equipment and service in the United States with sales
totaling approximately $19 Billion in 2020.
10
What are your company's expectations in the event of an
Carrier is currently an incumbent vendor of Sourcewell. Upon award, Carrier will schedule a roll out meeting with the
award?
customer to plan and prepare for the execution of the awarded contract, as needed.
11
Demonstrate your financial strength and stability with meaningful
Carrier Global Corporation is an American multinational home appliances corporation based in Palm Beach Gardens,
data. This could include such items as financial statements,
Florida. Carrier was founded in 1915 as an independent company manufacturing and distributing heating, ventilating
SEC filings, credit and bond ratings, letters of credit, and
and air conditioning (HVAC) systems, and has since expanded to include manufacturing commercial refrigeration and
detailed reference letters. Upload supporting documents (as
foodservice equipment, and fire and security technologies.
applicable) in the document upload section of your response.
As of 2020, it was an $18.6 billion company with over 53,000 employees serving customers in 160 countries on six
continents Carrier's Moody rating is Baa3, and the outlook is stable. Carrier's Baa3 senior unsecured rating reflects
its long-established leadership position in the global equipment industry. Carrier's significant scale positions it as one
of the largest competitors in the sector. The business is exposed to cyclicality with about 70% of revenue derived
from new equipment sales. The ratings consider sizeable debt levels and high financial leverage following the spinoff
from United Technologies Corporation in early 2020.
Refer to annual report for full financial statements.
12
What is your US market share for the solutions that you are
Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share
proposing?
information is confidential. Please refer to our website for HVAC applications and installation.
13
What is your Canadian market share for the solutions that you
N/A
are proposing?
14
Has your business ever petitioned for bankruptcy protection? If
No
so, explain in detail.
15
How is your organization best described: is it a manufacturer,
Manufacturer and service provider.
a distributor/dealer/reseller, or a service provider? Answer
a) N/A
whichever question (either a) or b) just below) best applies to
b) Carrier Commercial Service self performs most work, or will serve as a general if specialty sub -contractors are
your organization.
needed on a project. Carrier has 99 service offices throughout North America, and may procure product or
a) If your company is best described as a
materials through our corporate owned warehouses, or through local distribution centers.
distributor/dealer/reseller (or similar entity), provide your written
authorization to act as a distributor/dealer/reseller for the
manufacturer of the products proposed in this RFP. If
applicable, is your dealer network independent or company
owned?
b) If your company is best described as a manufacturer or
service provider, describe your relationship with your sales and
service force and with your dealer network in delivering the
products and services proposed in this RFP. Are these
individuals your employees, or the employees of a third party?
16
If applicable, provide a detailed explanation outlining the
Carrier is subject to various registration and licensing requirements in the states and local jurisdictions where it does
licenses and certifications that are both required to be held,
business and has hundreds of licenses in place in the United States, and Canada.
and actually held, by your organization (including third parties
and subcontractors that you use) in pursuit of the business
contemplated by this RFP.
17
Provide all "Suspension or Debarment" information that has
N/A
applied to your organization during the past ten years.
Bid Number: RFP 070121 Vendor Name: Carrier Global Corp
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
Table 3: Industry Recognition & Marketplace Success
Line Item
Question
Response*
18
Describe any relevant industry awards or recognition that your
The OptiClean- Dual -Mode Air Scrubber & Negative Air Machine, Carrier's pioneering solution to help provide
company has received in the past five years
healthier indoor air, has been crowned Air Conditioning Innovation of the Year in the RAC Cooling Industry Awards,
one of the UK's top building technology awards.
The recognition follows the OptiClean unit being named one of TIME's 100 Best Inventions of 2020. The product,
currently available in North America and Asia, is expected to launch in Europe this year. Carrier is part of Carrier
Global Corporation (NYSE: CARR), a leading global provider of healthy, safe and sustainable building and cold
chain solutions.
As an air scrubber, the OptiClean unit can improve the indoor air quality of classrooms, restaurants, dental offices,
commercial buildings and more, by pulling in air, scrubbing it using a HEPA filter, and then exhausting cleaner air
back into the room. It has a footprint of less than three square feet and can plug into a standard wall outlet.
19
What percentage of your sales are to the governmental sector
Carrier Corporation is a 19 billion dollar, global entity. Less that 1 % of those sales were recognized from the
in the past three years
government sector.
20
What percentage of your sales are to the education sector in
Carrier Corporation is a 19 billion dollar, global entity. Less that 1 % of those sales were recognized from the
the past three years
education sector.
21
List any state, provincial, or cooperative purchasing contracts
Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share
that you hold. What is the annual sales volume for each of
information is confidential. Please refer to our website for HVAC applications and installation.
these contracts over the past three years?
22
List any GSA contracts or Standing Offers and Supply
Carrier is a leading manufacturer of HVAC equipment in both North America and globally. Specific market share
Arrangements (SOSA) that you hold. What is the annual sales
information is confidential. Please refer to our website for HVAC applications and installation.
volume for each of these contracts over the past three years?
Table 4: References/Testimonials
Line Item 23. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name * I
Contact Name *
Phone Number
County of Passaic
ISteve Orsini
201-937-2576
Mount Olive Board of Education
Glenn Miller
1973 6914008 x8505
Rutgers University
I Glen Viet
1848 445-3714
Table 5: Top Five Government or Education Customers
Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in,
scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name
Entity Type *
State / Province *
Scope of Work *
Size of Transactions *
Dollar Volume Past Three Years *
Houston Independent
Education
Texas -TX
HVAC preventive maintenance, retrofits,
Carrier is a leading manufacturer of
Carrier is a leading manufacturer of
School District
repairs, energy saving upgrades.
HVAC equipment in both North
HVAC equipment in both North
America and globally. Specific
America and globally. Specific
market share information is
market share information is
confidential. Please refer to our
confidential. Please refer to our
website for HVAC applications and
website for HVAC applications and
installation.
installation.
Redondo Beach
Education
California - CA
HVAC capital chiller installations and retrofits,
Carrier is a leading manufacturer of
Carrier is a leading manufacturer of
School District
to include boilers, air handlers, and controls
HVAC equipment in both North
HVAC equipment in both North
systems.
America and globally. Specific
America and globally. Specific
market share information is
market share information is
confidential. Please refer to our
confidential. Please refer to our
website for HVAC applications and
website for HVAC applications and
installation.
installation.
BIRMINGHAM
Education
Alabama - AL
HVAC preventive maintenance, retrofits,
Carrier is a leading manufacturer of
Carrier is a leading manufacturer of
BOARD OF
repairs, energy saving upgrades.
HVAC equipment in both North
HVAC equipment in both North
EDUCATION
America and globally. Specific
America and globally. Specific
market share information is
market share information is
confidential. Please refer to our
confidential. Please refer to our
website for HVAC applications and
website for HVAC applications and
installation.
installation.
Elk Grove School
Education
California - CA
Supply HVAC equipment, perform startup, and
Carrier is a leading manufacturer of
Carrier is a leading manufacturer of
District
warranty repairs.
HVAC equipment in both North
HVAC equipment in both North
America and globally. Specific
America and globally. Specific
market share information is
market share information is
confidential. Please refer to our
confidential. Please refer to our
website for HVAC applications and
website for HVAC applications and
installation.
installation.
University of Central
Education
Florida - FL
HVAC capital chiller installations and retrofits,
Carrier is a leading manufacturer of
Carrier is a leading manufacturer of
Florida
to include boilers, roof top units, and controls
HVAC equipment in both North
HVAC equipment in both North
systems.
America and globally. Specific
America and globally. Specific
market share information is
market share information is
confidential. Please refer to our
confidential. Please refer to our
website for HVAC applications and
website for HVAC applications and
installation.
installation.
Bid Number: RFP 070121 Vendor Name: Carrier Global Corp
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the
following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct
employees (or employees of a third party), and any overlap between the sales and service functions.
Line
Item
question
Response*
25
Sales force.
In North America, Carrier Commercial Service is geographically managed through the Service Center of Excellence, in
Charlotte, NC. This centralized location works with 99 field offices that cover the entire continental United States,
Hawaii, and Canada.
26
Dealer network or other distribution methods.
Carrier has both company owned direct sales offices, independent distributors and joint venture distributors. In May
1999 Carrier and Watsco, Inc. formed a joint venture to distribute Carrier, Bryant, Payne equipment and Totaline parts.
The new name for this distribution network is Carrier Enterprises. These distributors were previously owned 100% by
Carrier.
27
Service force.
Commercial Service employs over 2,000 management, professional, clerical personnel, service technicians and technical
engineers. We have over 30 million man-hours of service experience. Service technicians belong to local pipefitters
unions (optional in dght4o-work states), which are part of the United Association of Plumbers and Steamfitters.
28
Describe in detail the process and procedure of your
When you partner with Carrier, you will work with a single source, dedicated Service Account Team that will provide
customer service program, if applicable. Include your
360 degrees of comprehensive solutions. Carrier will work with our client to develop a smart, effective and
response -time capabilities and commitments, as well as any
customized plan, designed to deliver the most value for the equipment and facility. Service options are matched to
incentives that help your providers meet your stated service
your required level of coverage; from inspections and annual maintenance, to planned and full maintenance options.
goals or promises.
When it comes to predictive maintenance services, Carrier is proactive, keeping your equipment at its operating peak
performance. In-depth analysis, with our proprietary diagnostic tools, increases reliability and minimizes downtime.
Carrier Commercial Service will notify you of any potential issues long before you realize there is a problem. In the
event of an emergency outage, Carrier's response time to "tech on site" is typically 4 hours. For routine calls, the
response time is generally 8 hours.
29
Describe your ability and willingness to provide your
Carrier Corporation is a proud incumbent provider to Sourcewell. Carrier will continue to respond to requests from
products and services to Sourcewell participating entities in
current, and prospective, members of the Sourcewell program.
the United States.
30
Describe your ability and willingness to provide your
Carrier Commercial Service in Canada currently provides services to governmental facilities. Our Canada team will
products and services to Sourcewell participating entities in
respond accordingly to all requests for Sourcewell services.
Canada.
31
Identify any geographic areas of the United States or
Carrier has over 900 dispatch points operating out of 99 service offices in the US and Canada. Carrier Commercial
Canada that you will NOT be fully serving through the
Service provides services to all regions of the US, except Alaska.
proposed contract.
32
Identify any Sourcewell participating entity sectors (i.e.,
Carrier can, and will, service all sectors throughout the US and Canada (except Alaska) via the Sourcewell program.
government, education, not -for -profit) that you will NOT be
fully serving through the proposed contract. Explain in detail.
For example, does your company have only a regional
presence, or do other cooperative purchasing contracts limit
your ability to promote another contract?
33
Define any specific contract requirements or restrictions that
Carrier Commercial Service provides services to all regions of the US and Canada, to include Hawaii. Carrier does
would apply to our participating entities in Hawaii and
not service Alaska.
Alaska and in US Territories.
Table 7: Marketing Plan
Line Item
Question
Response*
34
Describe your marketing strategy for promoting this
Carrier sends quarterly and annual email correspondence to customers associated with these markets. In addition to our
contract opportunity. Upload representative samples
email marketing campaign, Carrier annually attends and participates in the NIGP Forum and trade show. Carrier looks
of your marketing materials (if applicable) in the
forward to partnering with Sourcewell in a strategic relationship at the show. Examples of Carrier's marketing materials for
document upload section of your response.
market solutions may be found at www.carrier.com. Included with the submission package is Carrier Strategic Accounts
Marketing brochure.
35
Describe your use of technology and digital data
Carrier's web site www.carrier.com is an effective platform for communicating our offerings to the general public, and
(e.g., social media, metadata usage) to enhance
prospective clients alike. The site allows us to showcase products and services, sustainable building solutions, and newly
marketing effectiveness.
developed innovations. Carrier is also active in Linkedin and Twitter, as a means of communicating current news, and during
times of emergency, to alert our customers of our temporary solutions for heating, cooling and power supply.
36
In your view, what is Sourcewell's role in promoting
Carrier will encourage Sourcewell to facilitate introductions on behalf of Carrier with parties that represent a match to our
contracts arising out of this RFP? How will you
service offerings. The master services agreement will be introduced to the national sales team during the award rollout, and „
integrate a Sourcewell-awarded contract into your
will be accessible to all service personnel on our internal, National Accounts web site.
sales process?
37
Are your products or services available through an e-
N/A
procurement ordering process? If so, describe your e-
procurement system and how governmental and
educational customers have used it.
Bid Number: RFP 070121 Vendor Name: Carrier Global Corp
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
Table 8: Value -Added Attributes
Line Item
Question
Response'
38
Describe any product, equipment, maintenance,
At the customers option, Carrier may provide equipment operation training at the customer's facility. This training generally lasts
or operator training programs that you offer to
several hours in duration, and encompasses unit operation, weekly routine operations checks, and minor troubleshooting. In
Sourcewell participating entities. Include details,
addition, the customer may attend factory training at the Service Center of Excellence in Charlotte, N.C.
such as whether training is standard or optional,
who provides training, and any costs that apply.
39
Describe any technological advances that your
Carrier@ SMART Service is a dynamic, proactive strategy for enhanced equipment and system management. Through the
proposed products or services offer.
identification and analysis of chiller and system operating
trends, more informed decisions can now be made relative to meeting comfort demands, implementing service, maintenance or
repair events and improving a building's financial performance. The benefits include insight into chiller operation and trends,
early indication of equipment problems, maximum operating efficiency, mitigating risks by identifying and correcting minor
problems before they lead to expensive repairs.
40
Describe any "green' initiatives that relate to
One of the U.S. Government's testing agencies recently found that Carrier's variable -speed screw chiller consumed less energy
your company or to your products or services,
and offered a greater range of operating conditions than alternative water-cooled chiller technology. Overseen by the General
and include a list of the certifying agency for
Services Administration, the Green Proving Ground program appointed Oak Ridge National Laboratory to perform real -world
each.
testing of two chillers: one with variable -speed screw technology and the other with maglev centrifugal technology. The findings
showed variable -speed screw technology, like that in Carrier's AquaEdge® 23XRV water-cooled chiller, was more efficient, more
versatile and required less maintenance than the maglev centrifugal and at a lower installed cost. When compared across a
broad range of operating conditions, the variable -speed screw chiller consumed 11 percent less energy than the maglev
centrifugal chiller. Based on the data, the variable -speed screw chiller also has an equipment price that is more than 30
percent lower than the maglev centrifugal chiller with the same cooling capacity.
41
Identity any third -party issued eco-labels, ratings
With Weather Series Rooftop Units featuring EcoBlue- Technology, Carrier is proving that not all rooftops are created equal.
or certifications that your company has received
EcoBlueTm Technology includes a more compact vane axial fan, which is an industry first for packaged rooftop units, along with
for the equipment or products included in your
a simplified design that helps lower installation and maintenance costs. Turn to the experts today to learn more and see how
Proposal related to energy efficiency or
we've put a whole new spin on rooftops. Silver award winner of Consulting - Specifying Engineer 2019 Product of the Year.
conservation, life -cycle design (cradle -to -cradle),
or other green/sustainability factors.
42
Describe any Women or Minority Business
Carrier is a publicly traded, fortune 500 corporation and is not minority owned.
Entity (WMBE), Small Business Entity (SBE), or
veteran owned business certifications that your
company or hub partners have obtained. Upload
documentation of certification (as applicable) in
the document upload section of your response.
43
What unique attributes does your company, your
When you partner with Cartier, you'll work with recognized HVAC professionals — all with a clear focus on the importance of
products, or your services offer to Sourcewell
every aspect of your investment. Our technicians are certified as Carrier Specialists or Masters - each trained on our products,
participating entities? What makes your
customer service and thoroughly tested to our standards. Carrier's Tech360 Certification Program is the most progressive
proposed solutions unique in your industry as it
learning program in the industry. As Carriers own servicing entity, we have access to the latest engineering advancements and
applies to Sourcewell participating entities?
the most advanced technical servicing tools. Our expansive OEM service network has strategically -located offices in the United
States and Canada. Translation: we'll be there whenever you need us... 24/7/365. Environmental Health and Safety (EH&S) is
rooted in our culture. We support a multi -faceted EH&S management system which ensures a focused approach to safety every
day. On all levels, we adhere to the most stringent safety standards, which translate to safety on your jobsite. Our Achieving
Competitive Excellence (ACE) operating system brings you standardized solutions, no guesswork, no variables. We focus on
quality, efficiency and consistency at your jobsite and in all our day-to-day business practices.
Table 9A: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload
representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line Item
Question
Response'
44
Do your warranties cover all products, parts, and labor?
Carrier warrants that all equipment manufactured by Carrier Corporation and all Carrier equipment, parts or
components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its
option repair or replace, F.O.B. point of sale, any equipment, part or component sold by Carrier and
determined to be defective within one (1) year from the date of initial operation or eighteen (18) months
from date of shipment, whichever is earlier. Carrier does not warrant products not manufactured by Carrier
Corporation, but it does pass on to Customer any available manufacturer's warranty for those products.
Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike
manner. In the event any such service is determined to be defective within ninety (90) days of completion
of that service, Carrier shall at its option re -perform or issue a credit for such service, Carrier's obligation
to repair or replace any defective equipment, parts or components during the warranty period shall be
Customers exclusive remedy. Carrier shall not be responsible for labor charges for removal or
reinstallation of defective equipment, parts or components, for charges for transportation, handling and
shipping or refrigerant loss, or for repairs or replacement of such equipment, parts or components,
required as a consequence of faulty installation, misapplication, vandalism, abuse, exposure to chemicals,
improper servicing, unauthorized alteration or improper operation by persons other than Carrier.
45
Do your warranties impose usage restrictions or other limitations that
No
adversely affect coverage?
46
Do your warranties cover the expense of technicians' travel time and
Yes
mileage to perform warranty repairs?
47
Are there any geographic regions of the United States or Canada (as
No
applicable) for which you cannot provide a certified technician to
perform warranty repairs? How will Sourcewell participating entities in
these regions be provided service for warranty repair?
48
Will you cover warranty service for items made by other manufacturers
Cartier will warranty products per the manufacturers guidelines.
that are part of your proposal, or are these warranties issues typically
passed on to the original equipment manufacturer?
49
What are your proposed exchange and return programs and policies?
No items will be accepted for return without prior written authorization. Returned goods may be subject to
a restocking charge. Special order and non -stock items cannot be returned.
50
Describe any service contract options for the items included in your
Cartier offers its customers long-term service agreements providing them with knowledge on new cost -
proposal.
saving and environmental technologies, preventive maintenance, and recommendations on current controls
systems. In addition, Carrier has a unique remote diagnostic monitoring tool that can detect potential
service problems before they occur.
Carrier seeks to reduce the clients operating costs through equipment optimization, equipment baseline
analysis, building management solutions, energy savings solutions, equipment modernization, including:
retrofit and upgrades and turnkey replacement solutions. Other key resources include: Field service
engineers, standard work instructions, expedited parts availability and CarrierROLE®, remote online experts
Bid Number: RFP 070121 Vendor Name: Carrier Global Corp
DocuSign Envelope ID: FFF1E93B-DO79-4A7A-845F-53F4775542DF
Table 9B: Performance Standards or Guarantees
Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative
samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line Item
Question
Response*
51
Describe any performance standards or guarantees that
Carrier warrants that all equipment manufactured by Carrier Corporation and all Carder equipment, parts or
apply to your services
components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option
repair or replace, F.O.B. point of sale, any equipment, part or component sold by Carrier and determined to be
defective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment,
whichever is earlier. Carrier does not warrant products not manufactured by Carrier Corporation, but it does pass on
to Customer any available manufacturer's warranty for those products. Carrier warrants that all service provided by
Carrier hereunder shall be performed in a workmanlike manner. In the event any such service is determined to be
defective within ninety (90) days of completion of that service, Carrier shall at its option re -perform or issue a credit
for such service, Carrier's obligation to repair or replace any defective equipment, parts or components during the
warranty period shall be Customer's exclusive remedy. Carrier shall not be responsible for labor charges for removal
or reinstallation of defective equipment, parts or components, for charges for transportation, handling and shipping or
refrigerant loss, or for repairs or replacement of such equipment, parts or components, required as a consequence of
faulty installation, misapplication, vandalism, abuse, exposure to chemicals, improper servicing, unauthorized alteration
or improper operation by persons other than Carrier.
52
Describe any service standards or guarantees that apply to
Quality Assurance of Products & Services
your services (policies, metrics, KPIs, etc.)
In early 1990, Carrier's Service Marketing Division developed a process for Service Product Design and
Implementation. Once a concept is established, it progresses through a feasibility study, where customers are
consulted via focus groups or questionnaires. If management approval is obtained, a multi -functional team selected
from marketing and operations is formed to undertake the project.
Consequently, field training must take place for the proper delivery of the service product. This can be a concurrent
activity with the technical training that must accompany each product. Training sessions are held at the region or
district offices, with all office personnel involved. This includes the clerical people who administer the product, the
engineers who may be called upon to install the product, the managers who manage the product's introduction, and
the technicians who are involved in product installation and delivery.
In product introduction, the project manager meets with quality review teams and suppliers to assure that the final
product meets the initial goals for the product. Once the product is field implemented, the Customer Service Report
(CSR) provides the means to communicate product deficiencies. Service marketing compiles the data via statistical
analysis and the information is passed on to the appropriate suppliers.
What service was sold versus what service was performed is a key indicator in the service business. Method of
documentation of this indicator includes a computerized scheduling system, and the Customer Service Report (CSR)
time tickets.
The Customer Service Report (CSR), is a critical document for conformity. The CSR consists of several sections.
The equipment information, model and serial numbers are recorded to identify the machine. A task code is used to
identify the work done. Additionally, operating log readings are taken to verify the proper operation of the machine
within design conditions. Calculations are done by the mechanic to confirm that operation is within the design
specifications. Space on the form is dedicated to parts used, written description of work done and abnormalities
discovered by the servicing mechanic. Finally, after all service is performed, customer signatures are obtained to
verify that the work was done to the customer's satisfaction.
The service performance key indicators are measured monthly by management. If any discrepancies are noted, the
next level of management meets with the entity, determines the root cause of the existing performance as a
comparison to plan and develop action plans to rectify the situation. These action plans detail specific areas of
concern, outlining actions to be taken, timing, and responsibilities. Monthly follow-ups are conducted and actual
results compared to planned results. Further corrective actions are taken as required.
For product hardware, statistics and data compiled by the CSR Report feedback process determines product
deficiencies. Its purpose is to allow the mechanic to receive technical assistance during startup, to give feedback to
engineering on problems encountered with the unit. This information is shared with the components supplier and
action items implemented to correct the situation. Management makes a required vendor visit to assure that the
proper actions are implemented.
In a distributed technical organization, there is the need to communicate service instructions across the nation. The
principle vehicles for these transfers of information are the Service Bulletin and Equipment Technical Manuals.
The need to generate technical bulletins is created by the input received from the field service organization through
Customer Service Report (CSR) documents which are reviewed by U.S Field Operations (USFO) customer assurance
personnel and field requests for assistance.
Carrier uses both formal and informal approaches to assess the quality of its systems, processes, practices, products
and services. Formally, Carrier Systems and Services assess the quality of the above with measurements. Some of
the measurements include yearly audits (i.e., policies, procedures, purchasing, signature authority, safety), product
failure rates on a monthly basis, service agreement cancellations, customer surveys (customer satisfaction index), and
customer complaints.
There are Product Management Councils set up to monitor, review and take action for specific products. Examples
are the chiller, airside products, and controls products quality councils which meet on a quarterly basis or as required.
Carrier is committed to delivering a quality product or service at an appropriate price. We have or are implementing
processes that allow us to measure the quality of our current offerings, assess opportunities for improvement and
implement changes, when needed, to improve our quality or modify our products to meet new customer requirements.
Bid Number: RFP 070121 Vendor Name: Carrier Global Corp
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
Table 10: Payment Terms and Financing Options
Line
Item
Question
Response*
53
Describe your payment terms and accepted payment
Net 30. Payment is accepted via check, credit card, or wire.
methods?
54
Describe any leasing or financing options available for use
N/A
by educational or governmental entities.
55
Briefly describe your proposed order process. Include enough
Rather than utilize a dealer network, Carrier Corp directly employs its sales and service force.
detail to support your ability to report quarterly sales to
As a Sourcewell incumbent, Carrier has successfully provided quarterly reports since 2017.
Sourcewell as described in the Contract template. For
example, indicate whether your dealer network is included in
your response and whether each dealer (or some other
entity) will process the Sourcewell participating entities'
purchase orders.
56
Describe any standard transaction documents that you
Carrier has created a pricing template which details contract labor rates, material markups,
propose to use in connection with an awarded contract
and equipment discounts from master pricing. This document is distributed to our field upon contract award,
(order forms, terms and conditions, service level agreements,
and stored on a shared drive for all company employees to access. Template uploaded to this RFP
etc.). Upload a sample of each (as applicable) in the
as a reference.
document upload section of your response.
57
Do you accept the P-card procurement and payment
Yes, and at no additional costs.
process? If so, is there any additional cost to Sourcewell
participating entities for using this process?
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as
described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line Item
Question
Response*
58
Describe your pricing model (e.g., line -item discounts or product -category
See attached pricing template.
discounts). Provide detailed pricing data (including standard or list pricing and the
Sourcewell discounted price) on all of the items that you want Sourcewell to
consider as part of your RFP response. If applicable, provide a SKU for each
item in your proposal. Upload your pricing materials (if applicable) in the document
upload section of your response.
59
Quantify the pricing discount represented by the pricing proposal in this response.
See attached pricing template.
For example, if the pricing in your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
60
Describe any quantity or volume discounts or rebate programs that you offer.
None.
61
Propose a method of facilitating "sourced" products or related services, which may
Sourced Parts are generally marked up using a pre -negotiated Mark up schedule. See
be referred to as "open market" items or "nonstandard options". For example, you
attached pricing template for rates.
may supply such items "at cost' or "at cost plus a percentage," or you may supply
a quote for each such request.
62
Identify any element of the total cost of acquisition that is NOT included in the
Trip charges and consumable charges apply to every visit.
pricing submitted with your response. This includes all additional charges
associated with a purchase that are not directly identified as freight or shipping
charges. For example, list costs for items like pre -delivery inspection, installation,
set up, mandatory training, or initial inspection. Identify any parties that impose
such costs and their relationship to the Proposer.
63
If freight, delivery, or shipping is an additional cost to the Sourcewell participating
All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the job site.
entity, describe in detail the complete freight, shipping, and delivery program.
Shipment dates quoted are approximate. Carrier does not guarantee a particular date for
shipment or delivery.
Carrier shall have the right to ship any portion of the equipment included in this Agreement
and invoice Customer for such partial shipment.
64
Specifically describe freight, shipping, and delivery terms or programs available for
Same as above.
Alaska, Hawaii, Canada, or any offshore delivery.
65
Describe any unique distribution and/or delivery methods or options offered in your
Any unique requirements will be discussed on a customer by customer basis.
proposal.
Table 12: Pricing Offered
Line
Item
�c-
The Pricing Offered in this Proposal is: *
Comments
66
better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
Table 13: Audit and Administrative Fee
Line Item
Question
Response*
67
Specifically describe any self -audit process or program that you plan to employ to verify
Carrier Corporation utilizes a pricing tool that can be pre -loaded with Sourcewell's
compliance with your proposed Contract with Sourcewell. This process includes ensuring that
pre -negotiated rates, and markups. This ensures that users are compliant while
Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales
creating competitive bids for Sourcewell members. A National Account Manager will
under the Contract each quarter, and that the Vendor remits the proper administrative fee to
review all bids prior to submission to ensure consistencey, and correctness.
Sourcewell.
68
If you are awarded a contract, provide a few examples of internal metrics that will be tracked
The Carrier National Account Manager will use two tools to track the Sourcewell
to measure whether you are having success with the contract.
contract usage. One is a tracking list maintained by the National Account Manager,
and the equipment team. The second resides in our service -sales software, which
will track and report quoted or sold jobs throughout the life of the contract.
69
Identify a proposed administrative fee that you will pay to Sourcewell for facilitating,
2
managing, and promoting the Sourcewell Contract in the event that you are awarded a
Contract. This fee is typically calculated as a percentage of Vendors sales under the
Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods.
(See the RFP and template Contract for additional details.)
Bid Number: RFP 070121 Vendor Name: Carrier Global Corp
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line
Item
Question
Response*
70
Provide a detailed description of the equipment, products, and
Heating, ventilation, air-conditioning and refrigeration systems, controls, services, and sustainable solutions for
services that you are offering in your proposal.
commercial, industrial, and transportation applications.
71
Within this RFP category there may be subcategories of
Parts sales, new equipment factory startup, turnkey product installations, upgrades, indoor air quality solutions.
solutions. List subcategory titles that best describe your
products and services.
Table 14B: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
Line
Item
Category or Type
Offered *
Comments
72
HVAC, IAQ, and water heating or treatment
r: Yes
Carrier offers a full line of products and solutions for building occupants' comfort, health, and well
infrastructure, equipment, components,
r No
being, and industrial cooling. This includes new equipment, parts, labor, warranty, and turnkey
products, parts, and related technology
installations.
73
Sensors, controls, thermostats, gauges, and
r: Yes
Carrier sells a full line of OEM replacement components, and can source parts from all other
system automation or management products
r• No
HVAC manufacturers as well.
and technology
74
Services related to the offering of the
r Yes
Carrier seeks to reduce the clients operating costs through equipment optimization, equipment
solutions described in Lines 72 and 73 of
r' No
baseline analysis, building management solutions, energy savings solutions, equipment
Table 14B above, including installation,
modernization, including: retrofit and upgrades and turnkey replacement solutions. Other key
maintenance, repair, refurbishment,
resources include: Field service engineers, standard work instructions, expedited parts availability
replacement, system upgrades, emergency or
and CarrierROLE®, remote online experts
short-term HVAC equipment rental,
assessment, integration, training, support, and
customization
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have
been incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either
defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document,
ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing
Plan."
Pricing - Sourcewell RFP 5-19-21 Carrier Equipment Products and Pricing.xlsx - Wednesday June 30, 2021 15:03:46
Financial Strength and Stability - Carrier-2020-Annual-Report.pdf - Monday June 21, 2021 10:32:55
Marketing Plan/Samples - Strategic Accounts Overview.pdf - Monday June 28, 2021 09:17:40
WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - Carrier Warranty and Terms.pdf - Monday June 21, 2021 10:33:20
Standard Transaction Document Samples - Sourcewell RFP 5-19-21 Carrier Equipment Products and Pricing.xlsx - Wednesday June 30, 2021 15:04:38
Upload Additional Document - RFP_070121_HVAC_Systems_Services_Contract_Template Sourcewell redline for Carrier 5.25.2021.docx - Monday June 21, 2021 10:33:43
Bid Number: RFP 070121 Vendor Name: Carrier Global Corp
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with
any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or
dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or
operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer
has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational
conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be,
impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and
will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a
resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment,
products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise
agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota
Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public
data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury
found at: https://www.treasury.ciov/ofac/downloads/sdnlist.pddf;
2. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal
government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a
criminal offense related to the subject matter of this solicitation.
W By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this
electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or
enforceability solely because an electronic signature or electronic record was used in its formation. - Alex Reif, Strategic Account Manager, Carrier Global Corp
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of
Interest in performing the contractual obligations contemplated in the bid.
Yes r. No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
File Name below addendum and Pages
attachments (if
applicable)
Addendum_4_HVAC_Systems_Services_RFP_070121
Tue June 22 2021 04:10 PM
Addendum_3_HVAC_Systems_Services_RFP_070121
Wed May 26 2021 04:55 PM
Addendum_2 HVAC_Systems_Services_RFP_070121
Tue May 18 2021 03:45 PM
Addendum-1 HVAC_Systems_Services_RFP_070121
Mon May 17 2021 01:50 PM
Bid Number: RFP 070121 Vendor Name: Carrier Global Corp
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
EXHIBIT B Sou rcewel I i
drd
Carrier Corporation 070121-CAR
Pricing for contract #070121-CAR offers Sourcewell participating agencies the following discounts:
• 35-71.5% Discount off MSRP
DocuSign Envelope ID: FFF1E93B-D079-4A7A-845F-53F4775542DF
vO��,yY�MFNT 4yT/Vfj F
NJPA
Form G
HVAC SYSTEMS, INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES
°y{ yt * yt
Delta T Corporation dba Big
yob
Carrier Corporation
Ass Solutions
Johnson Controls, Inc.
Lennox industries Inc.
Siemens Industry Inc.
Possible Points
Conformance to Terms/
Conditions to Include
Documentation
50
43
36
46
38
42
Pricing
400
331
298
352
265
323
Financial, Industry and
Marketplace Successes
75
64
57
71
56
61
Bidder's Ability to Sell/
Service Contract Nationally
100
86
70
92
70
80
Bidder's Marketing Plan
50
40
32
43
38
40
Value Added Attributes
75
65
55
65
57
64
Warranty Coverages and
Information
50
41
37
43
40
43
Selection and Variety of
Products and Services
Offered
200
169
121
175
131
147
Total Points
1,000
839
706
887
695
800
Rank Order
21
41
1
5
3
re Schwartz, SQ, CSSBB, NJPA
Keith Hanson, CPA, NJPA
Z'hRobinson, JD, NJPA
jjkj-1
(1,14-a
Ilissa Ramm, JD, NJPA
