HomeMy WebLinkAboutRequest For ProposalsTUALATIN VALLEY FIRE AND RESCUE
REQUEST FOR PROPOSALS
FOR STRUCTURAL FIRE FIGHTER PROTECTIVE CLOTHING
SOLICITATION NUMBER 804
PROPOSAL DUE DATE: 4:00 PM, Thursdav, April 23, 2009
1
TUALATIN VALLEY FIRE AND RESCUE
REQUEST FOR PROPOSALS
FOR STRUCTURAL FIRE FIGHTER PROTECTIVE CLOTHING
SOLICITATION NUMBER 804
Tualatin Valley Fire and Rescue (District) is requesting proposals for structural fire fighter protective clothing
(turnout gear) for the District, as well as public and nonprofit members of National Purchasing Partners (NPP).
Significant sales potential exists because the resulting Master Price Agreement for national proposers will include
cooperative purchasing language that will permit use of the Master Price Agreement nationwide without the need
for Participating Agencies to duplicate the formal solicitation process or expend staff resources and funds. The
District and NPP desire to enter into a contract (or contracts) with a qualified company (or companies) who can
demonstrate experience and customer service in providing turnout gear.
Request For Proposal (RFP) documents are available online at www.firerescue-gpo.com, www.mvnpp.com_ and
http://www.tvfr.com/resources/index.aspx. Any addenda issued will be the proposers' responsibility to check
these websites for them.
Sealed proposals must be received no later than 4:00 P.M. Pacific Standard Time (PST) on Thursday, April 23,
2009 at 20665 SW Blanton Street, Aloha, OR 97007. Proposals received after the designated time and date will be
returned unopened.
Minority/Women/Emerging Small Business ("MWESB") firms are encouraged to submit Proposals in response to
this solicitation and will not be discriminated against on the grounds of race, color, or national origin in
consideration for an award of any contract entered into pursuant to this advertisement.
The District may reject any proposal not in compliance with all prescribed solicitation procedures and requirements
,_and other applicable law, and may reject any or all proposals in whole or in part when the cancellation or rejection
is in the best interest of the District as determined by the District.
For further information, contact Debbie Vuylsteke, TVF&R Financial Operations Manager at
debbie.vuylsteke c(_ tvfr.com.
Published:
Oregon Daily Journal of Commerce
Seattle Daily Journal of Commerce
Los Angeles Daily Journal of Commerce
ORPIN.
March 25, 2009
April 1, 2009
April 8, 2009
March 25, 2009
April 1, 2009
April 8, 2009
March 25, 2009
April 1, 2009
April 8, 2009
March 25, 2009
2
TABLE OF CONTENTS
PAGE
SECTION I. GENERAL INSTRUCTIONS TO PROPOSERS
1. EQUAL OPPORTUNITY/SERVICES OF THE DISABLED 5
2. RIGHT OF LEAD CONTRACTING AGENCY TO AWARD OR REJECT PROPOSALS 5
3. WITHDRAWAL OF PROPOSAL 5
4. SPECIFICIATION PROTEST PROCESS 5
5. PROTESTS AND JUDICIAL REVIEW OF CONTRACT AWARD 6
6. PROPRIETARY INFORMATION 6
7. NEGOTIATION WITH AWARDED CONTRACTOR(S) 7
8. INDEMNIFICATION AND INSURANCE 7
9. NON -ASSIGNMENT 10
10. RECEIPT OF PROPOSALS 10
11. COOPERATIVE PURCHASING 10
12. INVESTIGATION OF REFERENCES 10
SECTION II. SPECIAL INSTRUCTIONS TO PROPOSERS
1. PROPOSED TIMELINES 11
2. GUIDELINES FOR PROPOSAL SUBMITTAL 11
3. CONTACT PERSON 11
4. INTERPRETATIONS AND ADDENDA 11
5. AWARD MATRIX 12
6. MULTIPLE AWARDS 12
7. USAGE REPORT 13
8. TAX 13
9. POST AWARD MEETING 13
10. ESCALATION 13
11. MASTER PRICE AGREEMENT TERM 13
12. SCOPE 13
13. REQUIREMENTS 14
14. BACKGROUND OF NPP 15
15. PROPOSER COMMITMENTS 15
16. MASTER PRICE AGREEMENT ACCESS PROVISIONS 15
17. EVALUATION OF PROPOSAL - SELECTION FACTORS 16
18. UPDATING SPECIFICATIONS DURING CONTRACT PERIOD 16
SECTION III. SPECIFICATIONS
1. STANDARDS 17
2. COMPOSITE PERFORMANCE 17
3.. COAT CONSTRUCTION 20
4. PANT CONSTRUCTION 24
5. TURNOUT CLEANING, INSPECTION AND REPAIRS 27
SECTION IV. PROPOSAL RESPONSE PACKET
1. INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS 29
2. USE OF PROPOSAL FORMS 29
3. GENERAL CONTENT 29
4. FORMAT AND CONTENT 29
5. RESPONSE UNDERSTANDINGS
30
6. EXCEPTIONS AND DEVIATIONS TO THE SOLICITATION 30
7. PROPOSER BACKGROUND 30
8. CUSTOMER SERVICE AND SUPPORT 30
3
9. ELECTRONIC CAPABILITIES 31
10. MARKETING 31
11. DELIVERY AND FREIGHT CHARGES 32
12. PRODUCTS 32
13. PRICING 32
14. REFERENCES 33
15. OTHER VALUES 33
PROPOSAL RESPONSE FORMS:
CERTIFICATION AND CONTRACT OFFER 35
DECLARATION OF NON -COLLUSION 37
REFERENCE FORM 38
ATTACHMENTS:
ATTACHMENT A - NPP MEMBER INTERGOVERNMENTAL COOPERATIVE PURCHASING
AGREEMENT 39
ATTACHMENT B - NPP VENDOR ADMINISTRATION AGREEMENT 44
ADDENDUM A 57
4
IMPORTANT: PLEASE READ CAREFULLY BEFORE SUBMITTING YOUR
PROPOSAL
SECTION I. GENERAL INSTRUCTIONS TO PROPOSERS
1. EQUAL OPPORTUNITY/SERVICES OF THE DISABLED:
1.1 The Lead Contracting Agency (TVF&R) encourages Minority and Women -owned Small Business
Proposers to submit proposals.
1.2 Oregon Public Agencies are prohibited from use of products and services offered under this
contract that are already provided by qualified nonprofit agencies for disabled individuals as listed
on the Department of Administrative Service's Procurement List pursuant to ORS 279.835-855.
Please see www.OregonRehabilitation.org/qrf for additional information.
2. RIGHT OF LEAD CONTRACTING AGENCY TO AWARD OR REJECT PROPOSALS:
2.1 This Request for Proposal (RFP) does not commit the Lead Contracting Agency to award the
Master Price Agreement(s) for the products or services specified within the RFP document. The
Lead Contracting Agency may cancel the procurement or reject any or all proposals in accordance
with ORS 279B.100. Under no circumstance will the Lead Contracting Agency pay the costs
incurred in the preparation of a response to this request.
2.2 The Lead Contracting Agency reserves the right to:
2.2.1 Accept or reject any or all proposals received as a result of the RFP
2.2.2 To negotiate with any qualified Proposer(s)
2.2.3 Waive or modify any irregularities in proposals received, after prior notifications to the
Proposer(s).
2.3. The award, if there is one, will be made to that Proposer(s) who is determined to be the most
qualified, responsible and responsive based upon the evaluation of the information furnished
under this RFP.
3. WITHDRAWAL OF PROPOSAL:
At any time prior to the hour and date set for the receipt of proposals, the Proposer(s) may withdraw their
proposal. Withdrawal will not preclude the submission of another proposal prior to the deadline.
4. SPECIFICATION PROTEST PROCESS:
4.1 Delivery. A proposer must deliver a protest of specifications to Tualatin Valley Fire & Rescue
(TVF&R) in writing no later than ten (10) calendar days prior to the proposal due date as follows:
Specification Protest
Proposal#: 804
Tualatin Valley Fire & Rescue
Attn: Debbie Vuylsteke, Financial Operations Manager
20665 SW Blanton Street
5
Aloha, Oregon 97007
4.2 Content. A Proposer's written protest must include a detailed statement of the legal and factual
grounds for the protest:
4.2.1. A description of the resulting prejudice to the Proposer; and
4.2.2 A statement of the form of relief requested or any proposed changes to the specifications.
4.3 TVF&R Response. TVF&R may reject without consideration a proposer's protest after the
deadline established for submitting protest. TVF&R shall provide notice to the applicable
proposer if it entirely rejects a protest. If TVF&R agrees with the proposer's protest, in whole or
in part, TVF&R shall either issue an addendum reflecting its determination or cancel the
solicitation.
4.4 Extension of Closing. If TVF&R receives a written protest from a proposer in accordance with
this rule, TVF&R may extend closing if TVF&R determines an extension is necessary to consider
the protest and to issue addenda, if any, to the solicitation document.
4.5 No protest against the award because of the content of specifications shall be considered
after the deadline established for submitting such protest.
4.6 Judicial review of the TVF&R's decision relating to a specification protest shall be in accordance
with ORS 279B.405.
5. PROTESTS AND JUDICIAL REVIEW OF CONTRACT AWARD:
5.1 Purpose. The award by TVF&R of the contract shall constitute a final decision of TVF&R to
award the contract if no written protest of the award is filed. A proposer may protest the award of
a contract, or the intent to award of a contract, whichever occurs first, if the conditions set forth in
ORS 279B.410 (1) are satisfied. A proposer must file a written protest with TVF&R and exhaust
all administrative remedies before seeking judicial review of TVF&R's contract award decision,
5.2 Delivery. A proposer must deliver a written protest to the TVF&R's Financial Operations
Manager within seven (7) days after issuance of the notice of intent to award the contract.
5.3 Content of Protest. A proposer's written protest shall specify the grounds for the protest to be
considered pursuant to ORS 279B.410 (2).
5.4 TVF&R Response. TVF&R shall not consider a proposer's contract award protest submitted after
the timeline established for submitting such protest. TVF&R shall issue a written disposition of
the protest in a timely manner as set forth in ORS 279B.410 (4). If TVF&R upholds the protest, in
whole or in part, TVF&R may in its sole discretion either award the contract to the successful
protestor or cancel the procurement or solicitation.
5.5 Judicial Review. Judicial review of the decision relating to a contract award protest shall be in
accordance with ORS 279B.415.
6. PROPRIETARY INFORMATION:
6.1 TVF&R is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires
TVF&R to disclose all records generated or received in the transaction of TVF&R business,
except as expressly exempted in ORS 192.501, 192.502, or other applicable law. Examples of
exemptions that could be relevant include trade secrets (ORS 192.501 (2)) and computer programs
(ORS 192.501 (15)). The District will not disclose records submitted by a Proposer that are
6
exempt from disclosure under the Public Records Law, subject to the following procedures and
limitations.
6.2 All pages containing the records exempt from disclosure shall be marked "confidential" and
segregated in the following manner:
• It shall be clearly marked in bulk and on each page of the confidential document.
• It shall be kept separate from the other RFP documents in a separate envelope or package.
• Where this specification conflicts with other formatting and response instruction
specifications, this specification shall prevail.
• Where such conflict occurs, the Proposer is instructed to respond with the following: "Refer
to confidential information enclosed."
• This statement shall be inserted in the place where the requested information was to have
been placed.
6.3 Proposers who desire that additional information be treated as confidential must mark those pages
as "confidential" cite a specific statutory basis for the exemption, and the reasons why the public
interest would be served by the confidentiality. The entire RFP cannot be marked confidential,
nor, shall any pricing. Should an RFP be submitted in this manner, no portion of it can be held
as confidential unless that portion is segregated in the above manner and meets the above
criteria.
6.4 Notwithstanding the above procedures, TVF&R reserves the right to disclose information that
TVF&R determines, in its sole discretion, is not exempt from disclosure or that TVF&R is
directed to disclose by TVF&R's attorney or a court of competent jurisdiction. Prior to disclosing
such information, TVF&R will notify the Proposer. If the Proposer disagrees with TVF&R's
decision, TVF&R may, but is not required to enter into an agreement not to disclose the
information so long as the Proposer bears the entire cost, including reasonable attorney's fees, of
any legal action, including any appeals, necessary to defend or support a no -disclosure decision.
7. NEGOTIATION WITH AWARDED CONTRACTOR(S):
TVF&R reserves the right to negotiate final contract terms with the awarded contractor(s) to the fullest
extent allowed by law and as in the best interest of TVF&R.
8. INDEMNIFICATION AND INSURANCE:
8.1. INDEMNIFICATION:
8.1.1 To the fullest extent permitted by law, the successful Proposer(s) shall indemnify and
hold harmless the Lead Contracting Agency, National Purchasing Partners,' LLC
("NPP") and Participating Agencies and their officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorney's fees
and costs of defense, which the Lead Contracting or Participating Agencies or their
officers, employees, agents or instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of the agreement by the successful Proposer(s) or its
employees, agents, servants, partners, principals or subcontractors. The successful
Proposer(s) shall pay all claims and losses in connection therewith, and shall investigate
and defend all claims, suits or actions of any kind or nature in the name of the Lead
Contracting or Participating Agencies, where applicable, including appellate
proceedings, and shall pay all costs, judgments and attorney's fees which may issue
7
thereon. The successful Proposer(s) expressly understands and agrees that any insurance
protection required or provided by the successful Proposer(s) shall in no way limit the
responsibility to indemnify, keep and hold harmless and defend the Lead Contracting
Agency and Participating Agencies or their officers, employees, agents and
instrumentalities as herein provided. The amount and type of insurance coverage
requirements set forth herein will in no way be construed as limiting the scope of the
indemnity in this paragraph.
8.1.2 The scope of this indemnification does not extend to the negligence of the Lead
Contracting Agency and any Participating Agencies.
8.2. INSURANCE REQUIREMENTS:
8.2.1 Proposer(s), at Proposer(s)'s own expense, shall purchase and maintain the herein
stipulated minimum insurance from a reputable company or companies duly licensed by
the State of Oregon. In lieu of State of Oregon licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in the
State of Oregon, provided that said insurance companies, meet the approval of the Lead
Contracting Agency. The form of any insurance policies and forms must be acceptable to
the Lead Contracting Agency.
8.2.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Master Price Agreement is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of the Lead Contracting Agency, constitute a material breach of this Master
Price Agreement.
8.2.3 Proposer(s)'s insurance shall be primary insurance with respect to the Lead Contracting
Agency, and any insurance or self-insurance maintained by the Lead Contracting Agency
shall not contribute to it.
8.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or
any breach of an insurance policy warranty shall not affect coverage afforded under the
insurance policies to protect the Lead Contracting Agency.
8.2.5 The insurance policies may provide coverage that contains deductibles or self -insured
retentions. Such deductible and/or self -insured retentions shall not be applicable with
respect to the coverage provided to the Lead Contracting Agency under such policies.
Proposer(s) shall be solely responsible for the deductible and/or self -insured retention
and the Lead Contracting Agency, at its option, may require Proposer(s) to secure
payment of such deductibles or self -insured retentions by a surety bond or an irrevocable
and unconditional letter of credit.
8.2.6 Award of this Solicitation is contingent upon the required insurance policies and/or
endorsements identified herein. The Lead Contracting Agency shall not be obligated,
however, to review such policies and/or endorsements or to advise Proposer(s) of any
deficiencies in such policies and endorsements, and such receipt shall not relieve
Proposer(s) from, or be deemed a waiver of the Lead Contracting Agency's right to insist
on strict fulfillment of Proposer(s)'s obligations under this Master Price Agreement.
8.2.7 The insurance policies required by this Master Price Agreement, except Workers'
Compensation, shall name the Lead Contracting Agency, its agents, representatives,
officers, directors, officials and employees as Additional Insured.
8.2.8 The policies required hereunder, except Workers' Compensation, shall contain a waiver
8
of transfer of rights of recovery (subrogation) against the Lead Contracting Agency, its
agents, representatives, officers, directors, officials and employees for any claims arising
out of Proposer(s)'s work or service.
8.3. COMMERCIAL GENERAL LIABILITY AND WORKERS' COMPENSATION INSURANCE:
8.3.1 Commercial General Liability: Proposer(s) shall maintain Commercial General Liability
Insurance (CGL) and, if necessary, Commercial Umbrella Insurance. The policy shall
include coverage for bodily injury, broad form property damage, personal injury,
products and completed operations and blanket contractual coverage including, but not
limited to, the liability assumed under the indemnification provisions of this Master Price
Agreement. There shall be no endorsement or modification of the CGL limiting the
scope of coverage for liability arising from explosion, collapse or underground property
damage.
The policy shall contain a severability of interest provision, and shall not contain a sunset
provision or commutation clause, or any provision that would serve to limit third party
action over claims.
8.3.2 Workers' Compensation: Proposer(s) shall carry Workers' Compensation insurance to
cover obligations imposed by federal and state statutes having jurisdiction of
Proposer(s)'s employees engaged in the performance of the work or services, as well as
Employer's Liability insurance.
Proposer(s) waives all rights against the Lead Contracting Agency and its agents,
officers, directors and employees for recovery of damages to the extent these damages
are covered by the Workers' Compensation and Employer's Liability or commercial
umbrella liability insurance obtained by Proposer(s) pursuant to this agreement.
In case any work is subcontracted, Proposer(s) will require the Sub Proposer(s) to
provide Workers' Compensation and Employer's Liability insurance to at least the same
extent as required of Proposer(s).
8.4. CERTIFICATES OF INSURANCE:
8.4.1 Prior to commencing work or services under this Master Price Agreement, Proposer(s)
shall have insurance in effect as required by the Master Price Agreement in the form
provided by the Lead Contracting Agency, issued by Proposer(s)'s insurer(s), as
evidence that policies providing the required coverage, conditions and limits required by
this Master Price Agreement are in full force and effect. Such certificates shall be made
available to the Lead Contracting Agency upon forty-eight (48) hours notice. BY
SIGNING THE CERTIFICATION AND CONTRACT OFFER, THE PROPOSER(S)
AGREE TO THIS REQUIREMENT AND FAILURE TO MEET THIS
REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE
AGREEMENT.
8.4.2 In the event any insurance policy(ies) required by this Master Price Agreement is (are)
written on a "claims made" basis, coverage shall extend for two years past completion
and acceptance of Proposer(s)'s work orservices and as evidenced by annual Certificates
of Insurance.
8.4.3 If a policy does expire during the life of the Master Price Agreement, a renewal
certificate must be sent to the Lead Contracting Agency fifteen (15) days prior to the
expiration date.
9
8.4.4 CANCELLATION AND EXPIRATION NOTICE:
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty days (30 days) prior written notice to the Lead Contracting
Agency.
8.4.5 A copy of the Additional Insured policy endorsement and the certificate of insurance
acceptable to TVF&R shall be filed with TVF&R prior to the effective date of this contract.
The policy or certificate shall provide for thirty (30) days' notice of cancellation or material
change. In addition, Contractor shall immediately notify TVF&R of any cancellation or
material change in its professional liability insurance coverage.
9. NON -ASSIGNMENT:
If a Master Price Agreement is awarded, it shall not be assigned in part or in total.
10. RECEIPT OF PROPOSALS:
10.1 All proposals must be in a sealed envelope or appropriate packaging and addressed to the Tualatin
Valley Fire & Rescue, 20665 Blanton Street, Aloha, Oregon 97007. The name and address of the
proposer should appear on the outside of the envelope. The outside lower left-hand corner should state
the RFP title and number and the RFP due date and time.
10.2 If the proposal is mailed in, it must be addressed to:
Tualatin Valley Fire & Rescue
20665 SW Blanton Street
Aloha, OR 97007
10.3 If the proposal is hand delivered, it must be brought to:
Tualatin Valley Fire & Rescue
20665 SW Blanton Street
Aloha, OR 97007
11. COOPERATIVE PURCHASING:
Pursuant to the intent of Oregon Revised Statutes, Chapter 279A.200, any publicly funded city, county, district,
agency or similar entity shall have the authority to purchase specified goods/services directly from contractor
under the terms and conditions of this contract.
12. INVESTIGATION OF REFERENCES:
TVF&R reserves the right to investigate references and to consider the past performance of any Proposer
with respect to its successful performance of similar projects, compliance with specifications and
contractual obligations, its completion or delivery of services on schedule, and its lawful payment of
employees and workers.
10
SECTION II: SPECIAL INSTRUCTIONS TO PROPOSERS
1. PROPOSED TIMELINES:
DATE
ACTIVITY
March 25, 2009
Date of Legal Advertisement
April 13, 2009 (4:00 PM)
Submit Protest to Specifications
April 16, 2009 (4:00 PM)
Last Day to Submit Questions
April 23, 2009 (4:00 PM)
Proposal Due Date
April 24 thru July 15, 2009
Evaluation Process
June 15, 2009
Sample turnouts due
July 28, 2009
Award of Contract
July 21, 2009
Notice of Intent to Award
August 1, 2009
Commencement of Contract
TVF&R reserves the right to modify this schedule at TVF&R's discretion.
All responses to this proposal become the property of the Lead Contracting Agency and (other than
pricing) will be held confidential, to the extent permissible by law.
2. GUIDELINES FOR PROPOSAL SUBMITTAL:
2.1 Proposers are to provide one (1) original hard copy (labeled) and three (3) copies of their
proposal, plus one (1) electronic copy of the complete proposal on a CD or flash drive.
Proposers are to address proposals identified with return address, solicitation number and title
in the following manner:
SOLICITATION #804: MASTER PRICE AGREEMENT FOR TURNOUT GEAR
TUALATIN VALLEY FIRE AND RESCUE
Attn: Debbie Vuylsteke, Financial Operations Manager
20665 SW Blanton Street
Aloha, OR 97007
2.2 Proposals must be physically received at the above location by 4:OOP.M., Thursday, April 23.
2009. A postmark is not sufficient.
2.3 Proposals received after the designated time and date will be returned unopened.
3. CONTACT PERSON:
Direct all questions regarding the meaning or intent of the solicitation documents in writing to the contact
person, Debbie Vuylsteke, Financial Operations Manager.
E-mail: debbie.vuylsteke@tvfr.com
4. INTERPRETATIONS AND ADDENDA:
4.1 If necessary, interpretations or clarifications in response to questions will be issued by and posted to
the websites listed in the legal advertisement. Questions received less than seven (7) business days
before the proposal due date may not be answered unless TVF&R determines, in its sole
discretion that it is in its best interests to do so. Oral and other interpretations or clarifications will
be without legal effect.
11
4.2 The Lead Contracting Agency is not responsible for any explanation, clarification, interpretation
or approval made or given in any manner, except by addenda. Addenda, if necessary, will be
issued not later than five (5) business days prior to the RFP closing date by publication on the
Lead Contracting Agency's website and websites listed in the legal advertisement.
4.3 It is the Proposers' responsibility to check the websites for any addenda. Addenda will be posted
with the original solicitation on the websites at www.firerescue-gpo.com, www.mvnpp.com, and
http://www.tvfr.com/resources/index.aspx
4.4 Receipt of addenda must be acknowledged on the Certification and Contract Offer form found in
Section IV of the Proposal Form Packet.
5. AWARD MATRIX:
5.1 Lead Contracting Agency reserves the right to make multiple awards in meeting the requirements
of this Solicitation.
5.2 Multiple awards may be made in meeting the national requirements of this Solicitation to ensure
sufficient geographical coverage, if necessary, as well as for local Proposers within the State of
Oregon without a national presence.
5.3 The preference is to have Proposers meeting the NPP member requirements of the Master Price
Agreement on a national basis. However, this preference shall have no bearing on local Proposers
without a national presence that are capable of meeting the requirements of the Lead Contracting
Agency within the State of Oregon.
6. MULTIPLE AWARDS:
6.1 Multiple awards may be made to meet the requirements of this Solicitation provided that such
awards are differentiated by product make and model, and/or distribution regions and capabilities
of the successful Proposers. Specifically, the Lead Contracting Agency will award separate
contracts to Proposers in order to cover all local and national geographical markets, electronic
purchasing capabilities, and products identified in this RFP, as well as the diverse and large
number of Participating Agencies. The award of multiple contracts is to be determined upon
receipt and review of all proposals, and based upon a general turnout provided by the successful
Proposers. The Lead Contracting Agency may solicit proposals from local qualified companies
with or without a national presence provided that the successful Proposer is able to provide the
Lead Contracting Agency with the products and services requested. Multiple awards will ensure
fulfillment of current and future requirements of the diverse and large number of Participating
Agencies. In the event a local Proposer with no national distribution capabilities best meets the
proposal selection criteria, multiple local and nationwide responsive proposals may be awarded
simultaneously in the best interests of local commerce, the Lead Contracting Agency's
compliance with local laws, and the Participating Agencies nationwide. The actual utilization of
any Master Price Agreement will be at the sole discretion of the Participating Agencies. It is the
intent of this Request for Proposal and resulting Master Price Agreement that members of NPP
(Participating Agencies) may buy directly from successful Proposers without the need for further
solicitation. However, Participating Agencies are urged to seek independent review by their legal
counsel to ensure compliance with all local and state solicitation requirements as well as the need
of further notice prior to utilizing the Master Price Agreement.
6.2 At this time, it is TVF&R's intent to buy career personnel TURNOUT GEAR based on the
attached specifications (Section III) and to buy volunteer firefighters general tumouts offered
based on a discount from the proposer's list price from their posted catalog or website.
12
7. USAGE REPORT:
The Proposer(s) shall furnish the NPP a quarterly usage report delineating the acquisition activity governed
by the Master Price Agreement. The format of the report shall disclose, at a minimum, the quantity and
dollar value of each Master Price Agreement item by individual unit. Specifications for this usage report
can be found in Addendum A of this document.
8. TAX:
No tax shall be levied against labor. It is the responsibility of the Proposer to determine all taxes (if
applicable), and include the same in proposal price. (Oregon does not currently have a sales tax.)
9. POST AWARD MEETING:
The successful Proposer(s) may be required to attend a post -award meeting with the Lead Agency to
discuss the terms and conditions of this Master Price Agreement. The Lead Contracting Agency will
coordinate this meeting, if necessary.
10. ESCALATION:
Any requests for reasonable price adjustments must be submitted thirty days (30 days) prior to the Master
Price Agreement anniversary date. Requests for adjustment in cost of labor and/or materials must be
supported by appropriate documentation. If Lead Contracting Agency agrees to the adjusted price terms,
Lead Contracting Agency shall issue written approval of the change. The reasonableness of the request will
be determined by comparing the request with the Producer Price Index (refer to Bureau of Labor Statistics
at www.hls.gov) or by performing a market survey.
11. MASTER PRICE AGREEMENT TERM:
Pricing shall be firm for a period of two (2) years. The Lead Contracting Agency, through NPP, may, at the
Lead Contracting Agency's option and with the approval of the Proposer(s), extend the period of this
Master Price Agreement up to a maximum of five (5) years that includes up to three (3), one (1) year
options. The Proposer(s) shall be notified in writing by the Lead Contracting Agency, through NPP, of the
Lead Contracting Agency's intention to extend the Master Price Agreement period at least thirty (30)
calendar days prior to the expiration of the original Master Price Agreement period.
12. SCOPE:
12.1 TVF&R, in association with NPP, also doing business as Fire Rescue GPO ("FRGPO"), on behalf
of NPP's public agency and government nonprofit members ("Participating Agencies") as
authorized under the terms of the NPP Member Intergovernmental Cooperative Purchasing
Agreement executed by all Lead Contracting and Participating Agencies, a cooperative
procurement group, is soliciting proposals from qualified companies (hereinafter referred to as
"Vendor" or "Proposer") to enter into a Master Price Agreement for structural fire fighter
protective clothing (also called TURNOUT GEAR).
12.2 The intent of this Interstate Cooperative Procurement Solicitation (Solicitation) is to invite
TURNOUT GEAR Vendors to submit a competitive Master Price Agreement offering
TURNOUT GEAR to NPP members locally and nationwide; to reduce expenses by eliminating
multiple requests for proposals and multiple responses by Vendors; and obtain discounted pricing
through volume purchasing. Significant sales potential exists because the Master Price
Agreement will be used nationwide without the need for Participating Agencies to duplicate the
formal solicitation process and expend staff resources and funds. The successful Proposer will
provide its entire catalog ("catalog discount") in order that National Purchasing Partners'
members who wish to access the Master Price Agreement may order a broad range of goods and
13
services as needed.
12.3 These objectives do not preempt Participating Agencies from using other contract vehicles or
competitive processes as required or allowed by law.
12.4 With the exception of successful local Proposer(s) capable of servicing the Tualatin Valley Fire
and Rescue within the State of Oregon, successful Proposer(s) should have a strong national
presence for TURNOUT GEAR for use by various government agencies nationwide.
This Solicitation meets Oregon public contracting requirements and may not be appropriate
under or meet Participating Agencies' procurement laws. Participating Agencies are urged to
seek independent review by their legal counsel to ensure compliance with all local and state
solicitation requirements.
13. REQUIREMENTS:
This Solicitation is subject to Lead Contracting Agency's General Conditions & Instructions to
Proposer(s), if any, the Specifications in Section III, and the following requirements:
13.1. This RFP and resulting Master Price Agreement is anticipated for use by the Lead Contracting
Agency's government and non-profit members and other NPP and FRGPO member government
entities and eligible nonprofit entities. The Lead Contracting Agency (TVF&R) of this
solicitation enters into a Member Intergovernmental Cooperative Purchasing Agreement with
other Participating Agencies for the purpose of obtaining Master Price Agreements with various
vendors. Intergovernmental purchasing agreements allow Participating Agencies to make
purchases at the Lead Contracting Agency's accepted proposal price, terms and conditions,
provided that the Participating Agency has satisfied all of its local and state solicitation and
purchasing requirements. By submitting a proposal, the Proposer(s) agrees to make the same
proposal terms and price, exclusive of freight and transportation fees, available to other
Participating Agencies. The Lead Contracting Agency and NPP will not incur any liability in
relation to specifications, delivery, payment or any other aspect of purchases by such Participating
Agencies. A sample copy of the Member Intergovernmental Cooperative Purchasing Agreement
is included as ATTACHMENT A.
13.2 The successful Proposer must deal directly with -the Lead Contracting Agency or Participating
Agencies concerning the placement of orders, disputes, invoicing and payment. The Lead
Contracting Agency and NPP shall not be held liable for any costs or damages incurred by or as a
result of the actions of the Vendor or any Participating Agency. Successful Proposers must
comply with the state and local laws, rules and regulations in each state and locality where
product is provided.
13.3 Each Participating Agency shall execute a Participating Agency Endorsement and Authorization
included in the Member Intergovernmental Cooperative Purchasing Agreement. While the terms
of the Master Price Agreement will govern the general pricing terms, each Participating Agency
may request modification of the Master Price Agreement in accordance with each Participating
Agency's state and/or local purchasing laws, rules, regulations and procedures. Each
Participating Agency may, at its discretion, request additional legal and procedural provisions not
included herein that the successful Proposer may negotiate contract terms in order to conduct
business with said Participating Agency.
13.4 NPP and FRGPO provide vendor exposure and marketing support for the successful Proposer's
products throughout its membership. Successful Proposers servicing NPP government and non-
profit membership are required to pay a Contract Administration Fee representing a percent of
actual sales under the membership Master Price Agreements. A portion of said fee is distributed
to NPP and is used to offset the costs of member programs, NPP costs, and the marketing and
14
administration of NPP. Successful Proposers will be required to execute the NPP Vendor
Administration Agreement (ATTACHMENT B). Membership in NPP is offered at no cost to all
Lead and Participating Agency members.
13.5 All products offered must be new, unused and most current product lines unless specifically
requested otherwise by the agency.
13.6 In order for a Proposer's proposal to be considered, the turnouts proposed for this RFP must have
completed a four (4) week evaluation of their turnouts. Three manufacturers have already
completed this evaluation process: Globe's G-xtreme, Lion's V-Force, and Morning Pride's Tails.
Any other manufacturer that has not yet completed this evaluation process will be required to
provide six (6) turnout sets with sizes that have been requested by TVF&R at the Proposer's
expense for this four (4) week evaluation period. This will only be requested of the highest
scoring Proposers. The sample set turnouts shall be delivered to the District within 30 days from
the request of District specifications. if the proposal is deemed acceptable (other than the turnout
evaluation process), the turnout evaluation process will commence, however, the contract will not
be executed until the evaluation process is successfully completed. TVF&R reserves the right to
determine the acceptability of the turnout gear not previously evaluated.
14. BACKGROUND OF NPP:
NPP and FRGPO provide group purchasing opportunities and purchasing administrative support for
governmental entities and non-profit institutions within its membership. NPP's membership includes
participating public and non-profit entities across the United States.
15. PROPOSER COMMITMENTS:
15.1 Each Proposer is required to commit to low pricing, and accurate and timely reporting to NPP
pursuant to the reporting requirements identified in the NPP Vendor Administration Agreement
(ATTACHMENT B). In addition, successful Proposer(s) with a national presence must commit
to marketing of the Master Price Agreement nationwide and that the sales force will be trained,
engaged and committed to offering NPP pricing to member government agencies nationwide.
15.2 Proposers with a national presence who are interested in servicing the entire national NPP
membership through this Solicitation shall have, at a minimum, the following capabilities and
qualifications:
15.2.1 A national sales force adequate in size to meet the demands of a multitude of agency
needs for the products listed herein.
15.2.2 A nationwide distribution network.
15.2.3 Product availability to meet the requirements for materials and services listed herein of
government agencies nationwide.
15.2.4 Ability to provide toll -free telephone access, interne access and accept facsimile.
15.2.5 A nationwide customer support system.
15.2.6 A single point of contact (National Account Manager / Program Manager) to interact
with the NPP staff.
15.2.7 Be a strong competitor in the industry with a minimum of three (3) consecutive years of
demonstrated success in all business practices and pursuits.
16. MASTER PRICE AGREEMENT ACCESS PROVISIONS:
Utilization of any Master Price Agreement will be at the discretion of the Lead Contracting Agency and
Participating Agencies. The Lead Contracting Agency shall be under no obligation to purchase off of the
resulting Master Price Agreement. Assuming all local competitive solicitation requirements have been
met, Participating Agencies may purchase directly from the successful Proposer(s) without the need for
15
further solicitation. The Lead Contracting Agency and Participating Agencies shall be authorized to access
the Master Price Agreement directly with the successful Proposer by referencing the contract number.
17. EVALUATION OF PROPOSAL — SELECTION FACTORS:
A Selection Committee will be appointed by the Lead Contracting Agency to evaluate and score each
Proposal. Each Proposal received and reviewed shall be awarded points under each criterion. The
maximum points awarded in each criterion are provided in parenthesis below. At the Lead Contracting
Agency's option, Proposers may be invited to make presentations to the Evaluation Committee.
Negotiations may be conducted, as needed, with the highest rated Proposer(s).Criteria for all Proposers are
listed below (900 points):
17.1 (100) Qualifications, Experience and References. Describe the Proposer's qualifications and
experience related to the product and services specified. Also, comments and ratings received
from the references that were contacted: (Reference Section IV Articles 7 and 14)
17.2 (100) The Proposer that most closely meets the TURNOUT GEAR specifications without
exceptions. (Reference Section III and Section IV Article 6)
17.3 (200) Fixed price proposed for TURNOUT GEAR (coats and pants) and percentage off of listed
catalog price for Proposer's stock items. (Reference Section IV Article 13)
17.4 (100) The Proposer's marketing plan to promote this contractual agreement to Public Agencies
national and/or within the State of Oregon or the Pacific Northwest. (Reference Section IV Article
10)
17.5 (100) Customer Service and Support dedicated to Lead Contracting and Participating Agencies.
(Reference Section IV Article 8)
17.6 (50) Completeness of the Proposal package and the degree to which the Proposer responds to all
requirements of the Specifications (Reference Section III and Section IV Article 12).
17.7 (50) Electronic (internet) capabilities of the proposer; i.e. ordering capabilities, review catalog
online and provide detailed information on these items. (Reference Section IV Article 9)
17.8 (100) Product safety, service and warranty data. (Reference Section III 2.9-2.11 and Section IV
Articles 8.26 and 12.4)
17.9 (50) Delivery and freight charges. (Section IV Article 11)
17.10 (50) Other Values that the Proposer may offer in their Proposal that might add value to the Lead
Contract Agency or Participating Agencies. (Section IV Article 15)
18. UPDATING SPECIFICATIONS DURING CONTRACT PERIOD
The District reserves the right to change and update the specifications as new and improved technology
comes available or made known to the District during the contract period.
16
SECTION III: SPECIFICATIONS
1. STANDARDS:
All garments produced shall meet or exceed the criteria set forth in NFPA 1971, 2007 Edition, Standard on
Protective Ensemble for Structural Firefighting, and NFPA 1983, 2006 Edition Standard on Fire Service Life
Safety Rope and System Components as well as OSHA guidelines for structural fire fighting protective clothing
and OSHA guidelines for occupational exposure to blood -borne pathogens.
All components and composites used in the construction of garments shall be third party tested, certified,
and listed for compliance to NFPA 1971, 2007 Edition. The label of the third party tester shall denote
certification.
The manufacturer shall be registered to the ISO Standard 9001 to assure a satisfactory level of quality.
2. COMPOSITE PERFORMANCE:
The garment composite, consisting of the outer shell, moisture barrier and thermal liner, shall provide a Thermal
Protective Performance (TPP) before washing of no less than 35 and no more than 40 when tested in
accordance with NFPA 1971 standard. Proposer shall provide documentation of these values from UL annual
testing.
The garment composite, consisting of the outer shell, moisture barrier and thermal liner, shall provide a
Total Heat Loss (THL) of no less than 290 when tested (before washing) in accordance with NFPA 1971
standard. Proposer shall provide documentation of these values.
The Heat Transfer Index rating shall be 25 seconds for the shoulder when measured at 2 pounds per square
inch (psi) and 25 seconds for the knee when measured at 8 psi.
2.1. OUTER SHELL MATERIAL:
The outer shell shall be at least 7.25 oz. per square yard of 40% PBI, 60% KEVLAR highly
constructed ripstop weave with extremely durable FPE water resistant Teflon FPE alloy
reinforced with a minimum matrix of 400 denier filament KEVLAR cables. Color shall be natural
go Id.
2.2. MOISTURE BARRIER MATERIAL:
The moisture barrier material shall be a Nomex substrate laminated to a lightweight, breathable
Crosstech product (Type 2C or better), Teflon membrane (PTFE) weighing 5.0 ounces per square
yard or equivalent.
2.3 THERMAL LINER MATERIAL:
The thermal liner shall be at least 7.6 oz. per sq. yd. with a Nomex filament and spun face cloth
quilted to 2 layers of Nomex E89 also known as Caldura SL2 or equivalent.
2.4 STRESS POINTS:
All outer shell stress points, including top and bottom pocket corners, pocket flap corners, top and
bottom of storm flap/fly shall be reinforced using a bartack..
2.5 REFLECTIVE TRIM:
17
All trim shall be sewn with four (4) rows of lockstitch 301, minimum five (5) stitches per inch for
the most secure trim attachment. All trim shall be 3" Scotchlite Triple Trim of lime/yellow.
Coat trim shall be applied as follows: one (1) 3" strip shall be set full circumference at the bottom
sweep of the outer shell; one (1) 3" strip shall be set around each sleeve approximately 2" above the
cuff; one (1) 3" strip shall be set around each sleeve just above the elbow; one (1) 3" strip shall be set
full circumference at the chest. Two (2) 3" strips will connect the waist and shoulder strips in a vertical
pattern on the back of the coat (see Figure 1).
Pant trim shall be applied as follows: one (1) strip set full circumference around the bottom of the cuff,
2" to 3" from the bottom hem.
2.6 SIZES:
The Proposer must provide male and female sizing. Coat lengths (shorter or longer) will be determined
by each individual's torso length. Coat must interface properly with low rise pants. Pant sizes shall be
made available in even waist sizes with inseam lengths necessitated by individual firefighter
requirements. All sizes will be at the quoted price to TVF&R regardless of size.
The vendor awarded the RFP will be available upon request to size and fit TVF&R employees for new
turnouts at no extra cost to the District per agreed upon date and times at the District's designated
facility.
2.7 LABELING:
Each garment shall have a garment label(s) made of breathable, fire resistant cotton permanently and
conspicuously attached by glue stating at least the following language, as well as detailed warning
instructions provided by the manufacturer:
DO NOT REMOVE THIS LABEL
THIS GARMENT MEETS THE GARMENT REQUIREMENTS OF NFPA 1971,
STANDARD ON PROTECTIVE ENSEMBLE FOR STRUCTURAL FIRE FIGHTING,
2007 EDITION
MADE IN THE U.S.A
2.8 TRACKING LABEL SYSTEM:
There shall be a bar code label made of breathable, fire resistant cotton permanently and
conspicuously attached by glue onto each garment for tracking purposes. The bar code should
contain the following information:
• Employee name
• Unique serial number
• Item description (coat or pant, brand, model, and material color)
• Lot information (date of mfg., size, etc.)
• Material description
• The standard to which the garment is compliant
The bar code shall be able to withstand customary wash and wear cycles for at least 5 years. If it
does not, the Proposer will be responsible for replacing the bar code label.
2.9 FLAMMABILITY OF CONSTITUENT MATERIALS:
18
Labels, bindings, hang-up loops and production labels shall be tested for flame resistance and
shall comply with the requirements of NFPA 1971 Flame Resistance Test One for vertical
flammability of cloth.
2.10 USER INFORMATION GUIDE:
Each garment shall include a User Information Guide with information required by NFPA 1971.
This guide shall include:
2.10.1 Pre -use information:
• Safety considerations
• Limitations of use
• Garment marking recommendations and restrictions
• A statement that most performance properties of the garment cannot be tested by the
user in the field
• Warranty information
2.10.2 Preparation for use:
• Sizing and/or adjustment
• Recommended storage practices
2.10.3 Inspection:
• Inspection frequency and details
2.10.4 Don/Doff:
• Donning and doffing procedures
• Sizing and adjustment procedures
• Interface issues
2.10.5 Use:
• Proper use consistent with NFPA 1500, Standard on Fire Department, Occupational
Safety and Health Program, and 29 CFR 1910, 132.
2.10.6 Maintenance and Cleaning:
• Cleaning instructions and precautions with a statement advising users not to use
garments that are not thoroughly cleaned and dried
• Inspection details
• Maintenance criteria and methods of repair where applicable
• Decontamination procedures for both chemical and biological contamination
2.10.7 Retirement and disposal:
• Retirement and disposal criteria and considerations.
2.11 WARRANTY:
Each garment shall have a lifetime warranty against defects in material and workmanship. The
lifetime warranty shall be inclusive of the cleaning and repairs done by the manufacturer's
approved vendor. Exclusions of the warranty shall be limited to catastrophic damage caused by
severe mechanical, biological, or chemical exposure. The written warranty on the turnouts will be
submitted with the vendor's proposal. The vendor's warranty shall cover freight to the factory
and back to TVF&R for a minimum of the first five (5) years or the useful lifetime of the garment.
2.12 PICTURES PROVIDED:
19
The pictures provided in this section are for configuration and visual reference only. Actual
size, material and specification are indicated in this written specification.
3. COAT CONSTRUCTION:
The coat shall be constructed in a method that is ergonomic in design for optimum comfort and mobility. These
design methods shall be incorporated into all layers of the coat. Coat lengths (shorter or longer) will be
determined by each individual's torso length. Coat must interface properly with the low rise turnout pants and
meet all current NFPA requirements.
3.1 INTEGRATED TETHER & CARABINER PASS:
A one (1) inch Kevlar webbing tether, 13" in length with 1" sewn loops in each end of the tether,
shall be inserted into the coat such that the inner portion will be attached by an autolock carabiner
located inside the coat at the waist. The tether will then pass through the right front facing of the
coat with the opposite end of the tether inserted through a slit in the coat right front panel where
another autolock carabiner is housed in a 3.25" wide by 4.5" long by 1" outside pocket located on
the right chest. The pocket flap shall be 3.5" square and close to the pocket top using one (1) piece of
FR 2" by 3" hook that shall be mounted with loop fastener on the pocket set on the underside of the
flap and reinforced with bartacks. The slit and the right front facing are lined with Arashield for
increased durability. This component shall meet NFPA 1983, 2006 Edition Standard on Fire
Service Life Safety Rope and System Components (see Figures 27 and 28). The District must be
able to purchase spare carabiners so the additional cost for this shall be included in the pricing
section of the RFP.
3.2 MOISTURE BARRIER/THERMAL LINER CONSTRUCTION:
Design shall be compatible with the outer shell so that the liner does not buckle, pull, or otherwise
restrict body motion. The left and right fronts of the moisture barrier/thermal liner shall be attached by
buttons to the facings at the front closure of the outer shell. The neck of the moisture barrier/thermal
liner shall be secured to the neck of the outer shell collar such that when donning the coat an arm may
not be accidentally caught between the outer shell and its inner linings along the neck between the
armholes. The inside of the outershell shall have a 2" wide, 2-ply Crosstech/Nomex pajama check
extension sewn the full length of the neck. Buttons shall be attached under the extension for
attachment to the inner liner.
The liner shall have one (1) 8.5" by 8.5" six (6) oz. Nomex pocket located on the left -side inner liner
below the chest line.
A liner inspection port with a minimum 8" opening shall be built into the thermal liner system located
at the bottom or side seam of the liner and closed by Velcro at a minimum.
3.3 QUILTED THERMAL LINER CONSTRUCTION:
The moisture barrier shall be completely sewn to the thermal liner at its perimeter with the breathable
membrane oriented inward toward the thermal liner and away from the outer shell. All moisture
barrier seams shall be sealed as required by NFPA 1971. The moisture barrier/thermal liner shall finish
no more than 1" from the cuffs and 2" from the hem.
3.4 MOISTURE BARRIER/THERMAL LINER ATTACHMENT:
3.4.1 The moisture barrier/thermal liner shall be completely detachable from the outer shell for
ease of cleaning by the use of snaps. There shall be a minimum of four (4) buttons on each
front facing, and four (4) buttons along the neck to interface with collar and three (3) snaps at
each sleeve end.
20
3.4.2 The outer most layer of the collar shall be constructed of outer shell material with moisture
barrier/thermal liner material stitched at the edges and both sewn to the outer shell of the coat
at the neck area. The inner most layer, facing against the wearer's body, shall be outer shell
material with a sewn in pleat. The pleat shall incorporate four buttons on the underside to
engage the moisture barrier extension on liner.
3.5 COLLAR:
3.5.1. The collar shall be of 4-layer configuration such that when the collar is raised it shall
remain standing while providing continuous thermal and moisture protection around the
neck and face. To ensure this protection, the inside of the collar shall be fully lined with
one (1) layer of PTFE moisture barrier material and one (1) layer of thermal liner quilted
to the innermost outer shell fabric layer for additional comfort. The collar shall provide
proper interface with liner to insure no moisture penetration through the collar seam to
the inside of the coat.
3.5.2 The outer -most layer of the collar shall be outer shell material. The one (1) layer of
moisture barrier and two (2) layers of 1.5 oz. apertured E89 thermal barrier shall be the
composite inner layer. The innermost layer facing the wearer's body shall be the outer
shell fabric. Four (4) rows of horizontal stitching will attach the inner layer of outer shell
to the thermal barrier material for added stability and comfort.
3.5.3 The collar shall be snug fitting and shall completely cover the neck and throat area when
in the raised position. The raised height shall be approximately four (4) inches, with a
contoured overlap at the front of the coat. Collar closure shall be provided by FR hook
and loop 1.5" by 4", with a hook portion sewn on the right side of the collar, and loop
portion sewn on the left, set horizontal. The collar shall be of such design so as not to
interfere with self-contained breathing apparatus facemasks or helmet.
3.5.4 When examined prior to donning, the turned -up collar shall completely wrap around the front
of the neck opening such that left and right collars touch or overlap to maximize facial
protection.
3.6 HANGER LOOP:
An external hanger loop constructed of a double Layer of outer shell material and reinforced with two
bartack reinforcements shall be provided on the inside of the coat at the collar seam. It shall be
designed to provide long service and shall not tear or separate from the coat when the coat is hung by
the hanger loop.
3.7 SHOULDER YOKE AND CAP:
Shoulder yoke and cap protection must meet or exceed a Conductive Compressive Heat Resistance
(CCHR) level of 25 and meet all other current NFPA standards.
3.8 BELLOWS UNDERARMS:
Bellows underarm construction shall consist of full-length expansion pleats on the shell with the liner
to provide unrestricted movement with or without an SCBA. It shall provide minimum coat rise when
the arms are raised.
3.9 ELBOW:
21
Ergonomic elbow allowing for greater flexibility and comfort. The outer shell insert shall consist of
outer shell material for abrasion resistance and thermal protection.
3.10 SLEEVE WELL/WRISTLET MOUNTING:
Wristlets shall be designed in a manner that ensures there is no interruption in the protection between
the sleeve liner and the wristlet.
3.11 WRISTLETS:
The coat shall have a 6" Nomex/Spandex or Kevlar/Spandex wristlet sewn to the end of the liner at the
sleeve. Wristlets shall be double stitched and bound to the moisture barrier/thermal liner providing
extended thermal and splash protection.
3.12 CUFFS:
The cuff of the sleeve shall be reinforced with a binding of black Arashield not less than 3" in total
width for abrasion resistance and thermal protection. At least 2" of the cuff reinforcement shall extend
down the interior of the outer shell sleeve. Liner attachment to the outer shell shall be attached with
three (3) female snap fasteners to assist in attaching outer shell to the moisture barrier/thermal liner.
3.13 THERMAL FRONT PANEL CONSTRUCTION:
There shall be continuous thermal and moisture protection around the entire torso including the coat
front area beneath the storm flap. To ensure this protection, as well as reduce potential for wicking
moisture to inside of liner, both right and left inside front facings of the coat outer shell shall
incorporate outer shell fabric sewn to an additional layer of Gore PTFE moisture barrier material,
extending from collar to hem.
3.14 COAT FRONT CLOSURE DESIGN:
The complete outer shell coat front closure design shall consist of a front closure system
completely protected by an outside storm flap which shall have its own, independent storm flap
closure system.
3.15 STORM FLAP:
A storm flap measuring not less than 3" wide and proportionate to the length of the coat and zipper
enclosure shall be set on the outside of the right side of the coat opening for maximum thermal
protection and clear drainage. The inner lining of the storm flap shall be moisture barrier material
sandwiched between two (2) layers of outer shell fabric.
3.16 FRONT/STORM FLAP CLOSURES:
The front closure shall consist of a #10 brass zipper (YKK) such that fast closure and exit is possible
yet the coat remains securely closed while working. The storm flap closure shall consist of 1.5" wide
FR hook and loop attachments with FR hook fastener sewn on the left front of the coat, and
corresponding FR loop fastener sewn on the inner side of the outer storm flap. The hook and loop
closure shall extend the full length of the outer storm flap eliminating all exposed frontal hardware.
3.17 RIGHT SIDE FULL BELLOWS POCKET:
3.17.1 One (1) 10" wide by 6" tall outside full bellows pockets that expand by means of side and
bottom gussets to a thickness of 2" in front and back shall be located on the bottom hem on
22
the right side of the coat. Reflective trim shall be set on each pocket. The pocket shall be
split 4" to the front and 6" to the back.
3.17.2 The pocket shall be lined with Kevlar twill on the inside of the pocket to a 3" height on all
four (4) sides and the bottom. The twill material shall have no unfinished seams showing.
3.17.3 The pocket shall be similarly reinforced with black Arashield coated Kevlar on the outside of
the pocket to a 3" height on all three (3) sides and the bottom of the pocket.
3.17.4 The pocket shall be reinforced with bartacks for additional strength. Brass eyelets (3/8"
diameter) shall provide drainage of moisture on both sides.
3.17.5 The pocket flap shall be split at 4.5" and 6.5", folded and stitched at 1.5" width to correspond
with pocket gussets. The flap shall extend 4" down to give a creased and contoured pocket
flap.
3.17.6 A FR hook and loop fastener closure system shall be set with 1.5" by 10" loop fastener on the
pocket and three (3) 1.5" by 2" cam stitched hook fastener on the underside of the flap spaced
no less than 2" apart. (See Figures 22 through 24 for examples of this pocket.)
3.18 LEFT SIDE FULL BELLOWS POCKET:
3.18.1 One (1) 10" wide by 6" tall outside full bellows pockets that expand by means of side and
bottom gussets to a thickness of 2" in front and back shall be located on the bottom hem on
the left side of the coat. Reflective trim shall be set on each pocket.
3.18.2 The pocket shall be lined with Kevlar twill on the inside of the pocket to a•height of 3" on all
four (4) sides and the bottom. The twill material shall have no unfinished seams showing.
3.18.3 The pocket shall be similarly reinforced with black Arashield coated Kevlar on the outside of
the pocket to a height of 3" on all three (3) sides and the bottom of the pocket. The pocket
shall be reinforced with bartacks for additional strength. Brass eyelets (3/8" diameter) shall
provide drainage of moisture.
3.18.4 The pocket flap shall be 11" by 4.5", folded and stitched at 1.5" width to correspond with
pocket gussets. The flap shall extend 4" down to give a creased and contoured pocket flap.
3.18.5 A FR hook and loop fastener closure system shall be set with 1.5" by 10" loop fastener on the
pocket and three (3) 1.5" by 2" cam stitched hook fastener on the underside of the flap spaced
no less than 2" apart. (See Figures 19 through 21 for example of this pocket.)
3.19 RADIO POCKET:
3.19.1 One (1) 3.5" wide by 7.5" deep full bellows radio pocket that expands by means of side and
front gussets to a thickness of 1.5" in front and back shall be located on the left chest.
3.19.2 The pocket shall have top and bottom pocket corners reinforced with bartacks. The pocket
shall incorporate a notch on the right and left side of the pocket flap to accommodate the
radio antenna. The pocket shall be fully lined all four (4) sides with Kevlar twill. Brass
eyelets (3/8" diameter) shall provide drainage of moisture.
3.19.3 Pocket flaps shall extend .5" over each side of pocket and 3" deep. Flaps shall be reinforced
with bartacks.
23
3.19.4 Pocket Closure: Pocket flaps shall close to the pocket top using one (1) piece of 2" by 3"
hook and shall be mounted with loop fastener set on the pocket and hook fastener set on the
underside of the flap. (See Figures 25 through 26 for example of this pocket.)
3.20 MICROPHONE TAB:
One (1) 1" wide by 3" long strap constructed of double layer outer shell material shall be sewn to the
coat above the radio pocket and reinforced with bartacks.
3.21 TVF&R LOGO:
The "TVFR" logo shall be screened onto the outer shell material or self -fabric patch per
TVF&R's specifications and shall be sewn to the back of the coat (see Figure 2). The logo ink
color (shall be FR and meet NFPA standards), letter size and placement of the patch will be
provided to the successful proposers and must be approved by TVF&R's Community Services
and Operations Departments.
3.22 HANGING NAME PLATE:
3.22.1 A 15" wide by 4" high self -fabric name plate shall be attached to the coat located on the
lower back of the coat with Velcro attachments and corner snaps with the fire fighters
last name. Three-inch (3") lime/yellow Scotchlite letters shall be used to spell individual
fire fighter names that will be sewn to the 15" by 4" hanging name plate mentioned
above (see Figure 1).
3.22.2 Cost to be provided in the proposal in the pricing section for cost to make additional
name patches for the turnout coat.
3.23 FLASHLIGHT STRAP:
A 3" by 3" self material patch with Dee -ring hook for flashlight on right shoulder 6" below the
shoulder with a 1" by 6" Velcro overlapping strap for flashlight holder (see Figure 4).
3.24 GLOVE HOLDER:
A 1" by 12" self -fabric glove strap with one (1) piece 1" by 12" hook on one end and one (1)
piece 1" by 12" loop on the opposite end of the strap, "X" stitched in the center of the strap to
outer shell of the coat on the right chest located to the right and below the carabiner pocket (see
Figures 3 and 5).
3.25 DRAG RESCUE DEVICE:
Drag rescue device (DRD) shall be installed and compliant with NFPA 2007 Edition of the 1971
Standard. It shall meet or exceed the NFPA requirements.
4. PANT CONSTRUCTION:
The pant shall be constructed in a method that is ergonomic in design for optimum comfort and mobility. The
pant shall be a multi -piece, low-rise waist design and still meet NFPA standards. These design methods shall be
incorporated into all layers of the pant as well as bartacks at all stress points.
4.1. INTEGRATED RESCUE HARNESS:
An NFPA 1983 2001 Edition Class II Life Safety Harness shall be positioned between the outer
shell and thermal liner and integrated into the bunker pant. The harness, constructed of 2" wide
24
Kevlar webbing and Kevlar thread, shall also meet all requirements for the NFPA 1971, 2007
Edition Standard. Class II harnesses are designed to respond to the user when loaded, but is
relaxed when not in use. It incorporates a 360 degree waist belt in addition to two (2) leg loops
for supporting the load. There are two (2) black Arashield welt openings in the front of the pant to
allow the harness to pass through. An adjustable low profile (flat) buckle (brand PenSafe or
equivalent and NFPA approved) shall be located outside the pant at the fly for easy closure. Two
(2) 3" Kevlar loops, covered with black Arashield for increased durability, shall be located outside
the pant at the waist for outside attachment. The waist strap shall be exposed to the exterior
supported by three (3) 4" wide belt loops located two (2) in the front and one (1) in the rear, with
the additional two (2) loops 2" wide over each hip for a total of five (5) belt loops. Harness shall
be available and is based on the relative waist size of the bunker pant (see Figures 6 through 13).
4.2 MOISTURE BARRIER/THERMAL LINER CONSTRUCTION:
Design shall be compatible with the outer shell so that the liner does not buckle, pull or otherwise
restrict body motion. The waist of the moisture barrier/thermal liner shall be secured to the waist of
the outer shell such that when donning the pant a leg may not be accidentally caught between the outer
shell and its inner linings along the waist and between the legs of the pant.
A liner inspection port with a minimum opening of 8" shall be built into the waist of the thermal liner
system.
4.3 QUILTED THERMAL LINER CONSTRUCTION:
The moisture barrier shall be completely sewn to the thermal liner at its perimeter with the breathable
membrane oriented inward toward the thermal liner and away from the outer shell. The moisture
barrier/thermal liner shall finish no more than 3" from the cuffs.
4.4 MOISTURE BARRIER/THERMAL LINER ATTACHMENT:
The moisture barrier/thermal liner shall be completely detachable from the outer shell for ease of
cleaning by using snaps. Eight (8) evenly spaced snaps shall secure the liner to the integral waistband;
three (3) evenly spaced snaps shall be set in leather leg tabs at each leg end.
4.5 STORM FLY/CLOSURE:
4.5.1 The outer shell shall have an overlapping fly front running the full length of the fly on the left
side. The flap shall not be less than 2.5" wide at the waistband. The bottom of the fly shall
be reinforced with bartacks.
4.5.2 The storm fly shall be held closed along its length by means of a FR hook and loop fastener
closure 1.5" minimum width, along the leading edge for a distance of not less than 6" from
the bottom of the fly closure to the waist area for proper alignment and secure closure.
Additionally, one (1) snap shall be positioned at the inside top of the fly. Pant closure shall
be provided by #10 brass zipper (YKK).
4.5.3 The storm fly shall be outer shell material, lined with a 3.5" strip of Nomex laminated to
breathable moisture barrier material to prevent wicking.
4.6 THERMAL FLY ASSEMBLY:
4.6.1 The moisture barrier/thermal liner shall be constructed with an extension on the left side at
the waist of all layers of the fly opening to assure continuous thermal and moisture
protection. This overlap shall be positioned between the layers of the outside storm fly.
25
Appropriate male and female snap halves shall be installed at the leading edge of the
waistband for the purpose of further securing the pants in the closed position.
4.6.2 At the bottom of the fly opening, this overlap shall be further secured by means of a bartack
to prevent gaping at the base of the moisture barrier/thermal liner fly when the wearer is
kneeling/crawling. This bartack shall also serve to reinforce the front end of the seat seam if
stretched or stressed.
4.7 WAISTBAND:
4.7.1 The waist of the pants shall be reinforced on the inside with two-ply outer shell fabric
material not less than 2.25" in width. The waist shall be turned under to provide double
material strength with the independent waistband and shall be double stitched to the outer
shell.
4.7.2 Eight (8) suspender buttons shall be appropriately spaced around the waistband to
accommodate the use of suspenders.
4.8 KNEE CONSTRUCTION:
4.8.1 Knees shall be constructed of expansion panels and/or gussets and/or bellows to provide
added fullness for increased freedom of movement in the knee area. The insert shall
consist of black Arashield for abrasion resistance and thermal protection or equivalent or
better. All four (4) corners of the panel shall be rounded off.
4.8.2 Padded knees must be made of thermally stable materials and CCHR may not drop below
25 even after multiple heat exposures. Two (2) layers of additional padding shall be placed
behind the black Arashield reinforcements for a total of three (3) layers. This padding
material shall be new material; no scrap material will be accepted.
4.9 CUFFS:
The back area of the pant cuff shall incorporate the notched or arched (that has been approved by the
District) boot cut design and be reinforced with a binding of black Arashield material not less than 2"
in total height for greater strength, abrasion resistance, and thermal protection (see Figure 14).
4.10 LEFT SIDE FULL BELLOWS POCKET:
4.10.1 One (1) 8" wide by 8" deep split full bellows pocket that expands by means of side and
bottom gussets to a thickness of 2" in front and back shall be located on the left fore thigh.
The pocket shall be completely detachable by means of 1" FR hook and loop closure with
one (1) snap at each corner to secure the pocket to the pant and another additional snap on the
front/rear leading edge 4" down from the top of the pocket for a total of five (6) snaps. The
pocket shall be split 5" front and 3" back.
4.10.2 The pocket inside shall be lined with Kevlar twill to a height of 4" on all four (4) sides. The
twill material shall have no unfinished seams showing.
4.10.3 The pocket shall be similarly reinforced with black Arashield on the outside of the pocket to
a 4" height on all three (3) sides and the bottom of the pocket. Pockets shall be reinforced
with bartacks for additional strength. Two (2) brass eyelets 3/8" round shall provide drainage
of moisture from each side of the pocket.
4.10.4 Pocket flaps shall be split 5" front and 3" back with Kevlar twill, folded, and stitched at 1.5"
width to correspond with pocket gussets. The flap shall extend 6" down to give a creased and
26
contoured pocket flap. The 5" pocket flap shall have two (2) snaps installed at the top of the
flap 3" and 5" from the front of the pocket flap. (See picture for example.) Flaps shall be
reinforced at each top comer with one (1) bartack.
4.10.5. A FR hook and loop fastener closure system shall be set with 1.5" by 8" loop fastener on the
pocket and two (2) 1.5" by 2.75" cam stitched hook fasteners on the underside of each flaps
(see Figure 15).
4.10.6 On the bellow of the 5" portion of the pocket, a Dee ring shall be attached and backed by
Arashield. Also, a 6" by 6" self -fabric flap will be attached at the leg forward of the rope
pocket for the purpose of covering the outside Dee ring. The flap will be secured at the
pocket with a hook and loop attached to one side sewn down and covering the Dee ring,
in addition to one (1) top snap to be installed . The Dee ring flap will cover the front
leading edge of the 5" pocket flap (see Figures 16 through 18 for configuration and
visual reference of the pocket).
4.11 RIGHT SIDE FULL BELLOWS POCKET:
4.11.1 One (1) 8" wide by 8" deep split full bellows pocket that expands by means of side and
bottom gussets to a thickness of 2" in front and back shall be located on the right fore thigh.
The pocket shall be split 3" front and 5" back with Kevlar twill.
4.11.2 The pocket inside shall be lined with Kevlar twill to a height of 4" on all four (4) sides and
the bottom. The twill material shall have no unfinished seams showing.
4.11.3 The pocket shall be similarly reinforced with black Arashield on the outside of the pocket to
a height of 4" on all three (3) sides and the bottom of the pocket. Pockets shall be set with
bartacks for additional strength. Brass eyelets (3/8" diameter) shall provide drainage of
moisture in both pockets.
4.11.4 Pocket flaps shall be split 3" front and 5" back, folded and stitched at 1.5" width to
correspond with pocket gussets. The flap shall extend 6" down to give a creased and
contoured pocket flap. Flaps shall be bartacked on both comers.
4.11.5 A FR hook and loop fastener closure system shall be set with 1.5" by 8" loop fastener on the
pocket and two (2) 1.5" by 2.75" cam stitched hook fasteners on the underside of each flap.
4.11.6 The pocket shall incorporate a notch on the right and left side of the pocket flap to
accommodate the radio antenna.
4.11.7 A 1" by 3" self -fabric microphone tab shall be attached using bartacks to the bottom of
the pocket flap of the 3" portion of the pocket (see Figure 29 through Figure 31).
4.12 SUSPENDERS:
Suspenders shall be made of Nomex with padding in shoulders. The suspenders will have
Parachute type adjustments located at the front chest, which allow for custom adjustment each
time the protective garment is donned. The Nomex shall be of non -stretch material except in the
four (4) attachment areas. The suspenders shall attach to the protective pant with metal hook
attachment.
5. TURNOUT CLEANING, INSPECTION AND REPAIRS:
TVF&R currently uses a third party vendor, Northwest Safety Clean in Portland,Oregon, for turnout
cleaning, inspection, repairs and data tracking. Northwest Safety Clean is a verified Independent Service
27
Provider facility. Any proposed facility shall be verified to repair all components of the turnout coat and
pants. If a vendor chooses not to utilize Northwest Safety Clean as their repair facility they must meet the
same strict guidelines that Northwest Safety Clean currently follows for TVF&R. Some of these guidelines
include pick up and delivery of turnouts at District facilities as well as a 36-hour turnaround during the
annual cleaning and inspection schedule; this is the total time from when TVF&R turnouts are picked up to
when they must be returned to TVF&R. In addition, there are specific requirements for the turnout
software program that shall be online and accessible by TVF&R with real time data that include detailed
repair information by date, serial number and employee; cost per repair; and turnouts not cleaned for over a
year. The District must have access to updating TVF&R information on this software and updates relating
to completion of in-house cleaning and inspection. Access to this database and software shall be at no
extra cost to the District.
THE TOP PROPOSERS SHALL PROVIDE SIX SAMPLE SETS OF TURNOUTS (BID
SAMPLES) CONSTRUCTED TO TVF&R'S SPECIFICATIONS AND SIZES UNLESS THE
MANUFACTURER HAS ALREADY BEEN APPROVED. THEY SHALL BE PROVIDED TO
TVF&R AT NO COST PRIOR TO EXECUTION OF THE FINAL MASTER PURCHASING
AGREEMENT IN ORDER TO VERIFY AND MATCH AGAINST SPECIFICATIONS WITHIN
30 DAYS OF THE REQUEST BY TVF&R.
28
SECTION IV: PROPOSAL RESPONSE PACKET
1. INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS:
1.1
Proposers are to provide one (1) original hard copy (labeled) and three (3) copies of their
proposal, plus one (1) electronic copy of the complete proposal on a CD or flashdrive.
Proposers are to address proposals identified with return address, solicitation number and title
in the following manner:
SOLICITATION # 804: MASTER PRICE AGREEMENT FOR TURNOUT GEAR
TUALATIN VALLEY FIRE AND RESCUE
Attn: Debbie Vuylsteke
20665 SW Blanton Street
Aloha, OR 97007
1.2 A corporate official who has been authorized to make such commitments must sign proposals. All
prices shall be held firm for a period of ninety (90) days after the Solicitation closing date. Each
Proposer may withdraw its proposal if it has not been accepted within one hundred eighty (180)
days from the RFP closing date.
2. USE OF PROPOSAL FORMS:
Proposers are required to use the furnished Proposal Forms at the end of this Section. Proposers should
retain a copy for their records.
3. GENERAL CONTENT:
3.1 The Proposal submitted should be specific and complete in every detail. It should be practical and
should be prepared simply and economically, providing a straightforward, concise delineation of
capabilities to satisfactorily perform the Master Price Agreement being sought.
3.2 The Proposer should not necessarily limit the proposal to the performance of the services in
accordance with this document, but should outline any additional services and their costs if the
Proposer deems them necessary to accomplish the program. (See Article 15 — Other Values at the
end of this section.)
4. FORMAT AND CONTENT:
To aid in the evaluation, it is desired that all proposals follow the same general format. The proposals are
to be submitted in binders and have sections tabbed as below:
4.1 Letter of Transmittal
4.2 Table of Contents
4.3 Short introduction and executive summary. This section shall contain an outline of the general
approach utilized in the proposal.
4.4 Completed Certification and Contract Offer and Declaration of Non -Collusion forms attached at
the end of this section.
4.5 Responses to Articles 6 through 15 in this Section.
4.6 Complete, current catalog pricing shall be submitted on a CD
4.7 Copy of firm's most current annual financial report.
5. RESPONSE UNDERSTANDINGS:
29
5.1 Proposers must present clear and concise evidence indicating Proposer's ability to comply with
the requirements stated herein and to provide and deliver the specified products and services to
Participating Agencies. Special bindings, colored displays, promotional materials, etc., are not
necessary or desired. Emphasis should be on completeness and clarity of the content.
5.2 It is the Proposers responsibility to ensure adequate responses to all elements of the Solicitation.
5.3 Merely re -stating any provision and/or requirement solely containing acknowledgment or
affirmation of any provision and/or requirement shall be considered non -responsive to that
requirement/provision.
6. EXCEPTIONS AND DEVIATIONS TO THE SOLICITATION:
6.1 The Proposer shall identify and list all exceptions taken to all sections of this RFP Solicitation and
list these exceptions referencing the section and paragraph number where the exception exists and
identify the exceptions and the proposed wording for the Proposer's exception. The Proposer will
list these exceptions under the heading, "Exceptions to RFP Solicitation #804." Exceptions that
surface elsewhere and that do not also appear under the heading, "Exceptions to RFP Solicitation
#804," shall be considered invalid and void and of no contractual significance. The Lead
Contracting Agency reserves the rights to reject, render the proposal non -responsive, enter into
negotiation on any of the Proposer exceptions or accept them outright.
6.2 Proposer shall detail any and all deviations from specifications, if any, as requested. Lead
Contracting Agency may accept or reject deviations, and all Lead Contracting Agency decisions
shall be final.
7. PROPOSER BACKGROUND:
7.1 Provide a brief history and description of Proposer.
7.1.1 Total number and location of sales persons employed by,Proposer, -
7.1.2 Number and location of distribution outlets, if applicable
7.1.3 Number and location of support centers, if applicable
7.1.4 Annual sales for 2006, 2007 and 2008
7.1.5 Submit your current Federal Identification Number
7.1.6 Resident State of Proposer
7.1.7 Describe the capacity of Proposer to meet Minority and Women Business Enterprises
(MWBE), and other local purchasing preferences which will vary among Participating
Agencies.
7.1.8 Provide any suggested improvements and alternatives for doing business with Proposer
that will make this arrangement more cost effective for Proposer and Participating
Agencies.
8. CUSTOMER SERVICE AND SUPPORT:
8.1 Describe the customer care services offered by the Proposer that may be applicable to the
product(s) or service(s) described in Section III:
8.1.1 Hours/days of operation
8.1.2 After hours service (including weekends and holidays)
8.1.3 Delivery service (for both local and out-of-state) and time (estimated days and weeks)
from ordered to received by TVF&R for stock items and special orders
8.1.4 Links to shippers (USPS, FedEx, UPS, etc.) and shipment tracking
8.1.5 Tracking back orders and out of stock/backorder policy (e.g., not to exceed 30-days or
cancel)
30
8.1.6 Special orders
8.1.7 Life expectancy of equipment under normal use
8.1.8. Other services if applicable, list the services the Proposer provides; i.e. inspection,
cleaning and repairs. Otherwise, the manufacturer's certified provider that the Proposer
authorizes to inspect, clean or repair their turnouts.
8.2 Explain Proposer's policy regarding each of the following if applicable to product(s) and/or
service(s) described in Section III:
8.2.1 Auditing outbound orders for completeness and proper packaging
8.2.2 Replacement policy (i.e. ordering or shipping errors, damaged or defective goods)
including turnaround time and resolution of proposer issues (i.e. expedited replacement,
issuance of call tag or pickup)
8.2.3 Returns policy including any/all associated fees if applicable (i.e. restocking or shipping)
8.2.4 Any minimum order requirements
8.2.5 Repair services, including repair warranty programs, if any. Proposer shall identify,
where applicable, authorized factory repair facilities that will honor the warranty of items
on contract.
8.2.6 Other Product Safety, Service and Warranty offered by customer for their products
8.2.7 Technical feedback services Proposer may provide
9. ELECTRONIC CAPABILITIES:
9.1 If applicable to the Proposer's product(s) and/or service(s) described in Section III, describe
Proposer's ability to utilize electronic data interchange (EDI), on-line live -chat capabilities and
internet ordering, payment (including credit cards) and shipment tracing. Describe the state of E-
commerce within Proposer's organization and detail how it will benefit the Lead Contracting
Agency and any Participating Agencies.
9.2 If applicable to the product(s) and/or service(s) described in Section III, describe Proposer's
internal management system for processing orders from point of customer contact through
delivery and billing. Please state:
9.2.1 If your internet ordering system is OBI (open buying on the internet) compatible;
9.2.2 If you use a single system or platform for all phases of the ordering, processing, delivery
and billing.
9.3. Describe Proposer's ability to electronically report quarterly sales and the Proposer's ability to
provide detailed management reporting to NPP in such detail and format as provided in
Addendum A of ATTACHMENT B.
10. MARKETING:
10.1 Outline Proposer's plan for marketing the Products and Services to Participating Agencies.
10.2 Explain how Proposer shall educate its Local and/or national sales force and support team about
the Master Agreement.
10.3 For Proposers with a national presence, explain how Proposer will market and transition the
Master Price Agreement into the primary offering to Participating Agencies nationwide.
10.4 Explain how Proposer proposes to resolve any complaints, issues or challenges.
10.5 Before execution of this Agreement, each Proposer(s) shall be required to assign an employee
(National Accounts Manager/Program Manager) who shall administer, coordinate and manage
31
this program on behalf of the Proposer(s) with NPP and the Lead Contracting Agency. Submit
the resume of the person Proposer proposes to serve in this capacity.
11. DELIVERY AND FREIGHT CHARGES:
11.1 Proposers shall identify delivery and/or shipping costs, if any, or provide a shipping rate schedule
based on weight, item and/or destination for all items ordered within the continental U.S. The
Proposer shall identify all exceptions to this shipping rate schedule, including differences in
freight dependent on region. If there are handling fees, these also shall be included in the
wholesale pricing. Shipping and handling fees are allowable to areas outside the continental U.S.
Outline shipping and handling fees for Alaska and Hawaii.
11.2 The Proposer shall retain title and control of all goods until received by the requesting Lead
Contracting Agency or the Participating Agency and the contract coverage completed. The
Proposer shall file all claims for visible or concealed damage. The Lead Contracting Agency or
the Participating Agency will notify the Proposer of any damaged goods and shall assist the
Proposer in arranging for inspection of the goods.
11.3 All equipment, to the extent possible and that which is considered standard to the industry, shall
be delivered assembled, serviced and ready for immediate use, unless otherwise requested by the
Proposer. Indicate any charges or fees associated with this service.
11.4 Describe how commodity orders are processed and whether they are moved to arrive "Just -In -
Time" (JIT) for the Lead Contracting Agency or a Participating Agency placing an order. Lead
Contracting Agency defines JIT as receipt within twenty-four (24) hours after receipt of order
(ARO) for in -state delivery.
11.5 Orders placed by the District for TVF&R spec turnouts shall be received no later than 75 days
from the date of order placement.
12. PRODUCTS:
12.1 This Solicitation is to establish a nationwide purchasing agreement for the acquisition of the
TURNOUT GEAR identified in Section III and the Proposer's product line to include general
turnouts and additional items needed for protective clothing. However, local Proposers with no
national presence may apply to service the Lead Contracting Agency and other local Participating
Agencies within that Proposer's distribution and service range.
12.2 The intent is for each Proposer to submit their complete product line so that TVF&R and
Participating Agencies may order a wide array of products as appropriate for their needs.
12.3 Provide a description of the products and services offered as set forth in Section II Article 17.
The primary objective is for the Proposer(s) to provide the Proposer(s)'s entire catalog of products
("catalog discount") so that participating agencies may order a broad range of products as
appropriate for their needs.
12.4 Submit appropriate Product Safety, Service and Warranty data.
13. PRICING:
13.1 Pricing for the above products may be based on the following:
13.1.1 A fixed price for the turnout coat and pants per specifications in Section III.
13.1.2 A fixed price for a removable name plate for the turnout coat (Section III Article 3.22).
13.1.3 A fixed price for the removable Left Side Full Bellows Pocket for turnout pants (Section
32
III Article 4.10).
13.1.4 A fixed price for spare carabiners (Section III Article 3.1)
13.1.5 A fixed percentage (%) off or cost plus of Proposer's catalog pricing for items specified
above in this Section Article 11 as well as any and all other items available in the
Proposer's catalog. All internet order pricing shall include freight and/or delivery costs
with some exceptions as detailed in this Section Article 9. Proposers are encouraged to
provide the same fixed percentage discount for both marked price and wholesale catalog
pricing.
13.2 Alternatively, contract pricing may be based upon firm fixed prices with economic adjustment
(contingencies for economic price adjustments must be identified in the proposal), or a
combination fixed percentage off and firm fixed prices.
13.3 Describe additional pricing discounts identified above, if any, for electronic and/or internet
orders/payments.
13.4 Explain any additional pricing incentives that may be available such as large volume purchases
since TVF&R may purchase a large amount of turnouts at a time.
14. REFERENCES:
14.1 Proposer shall provide a minimum of five (5) references of customers to whom similar product
and services have been provided within the last three (3) years. Include the firm name, address,
contact person, title, telephone number and e-mail address as requested on the attached Reference
Form at the end of this section.
14.2 References will be checked only for the highest rated proposers under consideration for award of
contract(s).
15. OTHER VALUES:
Proposer(s) shall identify any other added values it offers to the Lead Contracting Agency and
Participating Agencies in the event it is awarded with the Master Price Agreement.
33
PROPOSAL RESPONSE FORMS
RFP #804
FIRE FIGHTER PROTECTIVE CLOTHING (TURNOUT GEAR)
CERTIFICATION AND CONTRACT OFFER
DECLARATION OF NON -COLLUSION
REFERENCE FORM
PROPOSAL DUE DATE: 4:00 PM, Thursday, April 23, 2009
THIS PROPOSAL FORM PACKET MUST BE COMPLETED AND RETURNED WITH YOUR
PROPOSAL
34
CERTIFICATION AND CONTRACT OFFER
PROPOSAL TITLE: FIRE FIGHTER PROTECTIVE CLOTHING (TURNOUT GEAR)
PROPOSAL DUE DATE: 4:00 P.M., THURSDAY, APRIL 23, 2009
The undersigned after having carefully examined the Special Instructions, Project/Proposal Information, General
Instructions and all other related material and information, agrees to comply with the terms set forth in those
documents and to furnish the services described at the rates proposed.
The Proposer further agrees that this offer will remain in effect at the prices proposed for a period of not less than one
hundred eighty (180) calendar days from the date that proposals are due and that this offer may not be withdrawn or
modified during that time.
The Proposer hereby certifies that this proposal is genuine and that it has not entered into collusion with any other
vendor(s) or any other person(s).
The Proposer hereby certifies that it has not discriminated and will not discriminate against any minority, women or
emerging small business enterprise in obtaining any required subcontract per ORS 279A.110.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MA 11ERS —
The Proposer certifies to the best of its knowledge and belief that neither it nor any of its principals:
1. Are presently debarred, suspended, proposed for debarment, or declared ineligible from submitting bids or
proposals by any federal, state or local entity, department or agency;
2. Have within a three-year period preceding this offer, been convicted or had a civil judgment rendered against them
for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performance of
a public (Federal, state or local) contract or subcontract; violation of Federal or state antitrust statues relating to the
submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statement, tax evasion, or receiving stolen property;
3. Are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of
any of the offenses enumerated in paragraph 2 of this certification;
4. Have within a three-year period preceding this offer, had one or more contracts terminated for default by any
Federal, state or local public agency.
The Proposer will provide immediate written notice to the District if at any time prior to contract award, the Proposer
learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
Where Proposer is unable to certify to any of the statements in this certification, Proposer shall attach an explanation to
this offer. A certification that any of the items in the above paragraphs exists will not necessarily result in withholding
of an award under this solicitation. However, the certification will be considered in connection with a determination of
the Proposer's responsibility.
The Proposer has carefully examined all of the solicitation documents and addenda (if any) numbered
through 'inclusive.
The Proposer is a resident bidder as defined in ORS 279A.120* ❑ Yes or ❑ No
35
SIGNED BY::
DATE:
PRINTED NAME:
TITLE:
FIRM:
TAX ID/SOCIAL SECURITY NUMBER:
MAILING ADDRESS:
PHYSICAL ADDRESS:
CITY, STATE and ZIP
E-MAIL ADDRESS:
PHONE: (AREA CODE)
FAX: (AREA CODE)
*ORS 279A.120(1)(b) — Resident bidder means a bidder that has paid unemployment taxes or income taxes in this
state during the twelve (12) calendar months immediately preceding submission of the bid, has a business address in
this state and has stated in the bid whether the bidder is a resident bidder. Nonresident bidders shall comply with the
provisions of ORS 279A.120 (3).
36
DECLARATION OF NON -COLLUSION
The undersigned does hereby declare that there has been no collusion between the undersigned, the Lead
Contracting Agency and National Purchasing Partners, and in further support of said Declaration, states as follows:
The person, firm, association, co -partnership or corporation herein named has not, either directly or
indirectly, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding or
solicitation in the preparation and submission of a proposal to the Lead Contracting Agency for consideration in the
award of a contract or Master Price Agreement negotiated as a result of this Request for Proposal.
DATED this day of
(Name of Firm)
By:
(Authorized Signature)
Title:
37
REFERENCE FORM
Our firm has provided the specified product to the following:
1. Name of Organization
Address
Contact Person and Title
Telephone E-mail
2. Name of Organization
Address
Contact Person and Title
Telephone E-mail
3. Name of Organization
Address
Contact Person and Title
Telephone E-mail
4. Name of Organization
Address
Contact Person and Title
Telephone E-mail
5. Name of Organization
Address
Contact Person and Title
Telephone E-mail
38
ATTACHMENT A
National Purchasing Partners
Member Intergovernmental Cooperative Purchasing Agreement
This Intergovernmental Agreement (Agreement) is by and between government entities and associated
non-profit institutions that execute a Lead Contracting Agency Authorization ("Lead Contracting Agency(ies)") to
be supplemented and made a part hereof and participating National Purchasing Partners ("NPP") government entity
members ("Participating Agencies"), including members of FireRescue GPO ("FRGPO"), that agree to the terms
and conditions of this Agreement. All NPP Lead Contracting Agencies and Participating Agencies shall be
considered as "parties" to this agreement.
WHEREAS, upon completion of a formal competitive solicitation and selection process, the Lead
Contracting Agencies have entered into Master Price Agreements with one or more Vendors to provide goods and
services, often based on national sales volume projections;
WHEREAS, NPP, is a subsidiary of two nonprofit health care systems, providing group purchasing,
marketing and administrative support for governmental entities within. the membership. NPP's marketing and
administrative services are free to its membership, which includes participating public entities and non-profit
institutions throughout North America.
WHEREAS, NPP has instituted a cooperative purchasing program under which member Participating
Agencies may reciprocally utilize competitively solicited Vendor Contracts through the inclusion of the membership
in Lead Contracting Agency Bid Solicitation and Master Price Agreements;
WHEREAS, the Master Price Agreements provide that all members of NPP may purchase goods and
services on the same terms, conditions and pricing as the Lead Contracting Agency, subject to applicable local and
state laws of the Participating Agencies;
WHEREAS, the parties agree to comply with the requirements of the Intergovernmental Cooperation Act
as may be applicable to the local and state laws of the Participating Agencies;
WHEREAS, the parties desire to conserve and leverage resources, and to improve the efficiency and
economy of the procurement process while reducing solicitation and procurement costs;
WHEREAS, the parties are authorized and eligible to contract with governmental bodies and Vendors to
perform governmental functions and services, including the purchase of goods and services; and
WHEREAS, the parties desire to contract with Vendors under the terms of the Master Price Agreements
open to all NPP members;
NOW, THEREFORE, the parties agree as follows:
ARTICLE 1: LEGAL AUTHORITY
Each Party represents and warrants that it is eligible to participate in this Agreement because it is a local
government or non-profit corporation created and operated to provide one or more governmental functions and
possesses adequate legal authority to enter into this Agreement.
ARTICLE 2: APPLICABLE LAWS
The procurement of goods and services subject to this Agreement shall be conducted in accordance with
and subject to the relevant statutes, ordinances, rules, and regulations that govern each parry's procurement policies.
Competitive solicitations are intended to meet the public contracting requirements of the Lead Contracting Agency
and may not be appropriate under, or meeting Participating Agencies' procurement laws. It is the responsibility of
each party to ensure it has met all applicable solicitation and procurement requirements. Participating Agencies are
39
urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation
requirements.
ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT
a. Each party will facilitate the cooperative procurement of goods and services.
b. The procuring party shall be responsible for the ordering of goods and services under this Agreement.
A non -procuring party shall not be liable in any fashion for any violation by a procuring party, and the
procuring party shall hold non -procuring parties harmless from any liability that may arise from action
or inaction of the procuring party.
c. The procuring party shall not use this agreement as a method for obtaining additional concessions or
reduced prices for similar goods and services outside the scope of the Master Price Agreements and
NPP.
d. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such
procuring party.
e. The cooperative use of bids, proposals or Price Agreements obtained by a party to this Agreement
shall be in accordance with the terms and conditions of the bid, proposal or Price Agreement, except as
modified where otherwise allowed or required by applicable law, and does not relieve the party of its
other bid requirements under state law or local policies.
ARTICLE 4: PAYMENT OBLIGATIONS
The procuring party will make timely payments to Vendors for goods and services received in accordance
with the terms and conditions of the procurement. Payment for goods and services, inspections and acceptance of
goods and services ordered by the procuring party shall be the exclusive obligation of such procuring party.
Disputes between procuring party and Vendor shall be resolved in accordance with the law and venue rules of the
state of the procuring party.
ARTICLE 5: COMMENCEMENT DATE
This Agreement shall take effect after execution of the "Lead Contracting Agency Endorsement and
Authorization" or "Participating Agency Endorsement and Authorization," as applicable.
ARTICLE 6: TERMINATION OF AGREEMENT
This Agreement shall remain in effect until terminated by a party giving 30 days written notice to NPP at
1100 Olive Way, Suite 625, Seattle, Washington 98101.
ARTICLE 7: ENTIRE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete Agreement between the
parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein.
ARTICLE 8: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by all parties, except that any
alterations, additions, or deletions of this Agreement which are required by changes in Federal and State law or
regulations are automatically incorporated into this Agreement without written amendment hereto and shall become
effective on the date designated by such law or regulation.
40
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable,
such determination shall not affect any other term of this Agreement, which shall continue in full force and effect.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO OR MORE ORIGINALS BY
EXECUTION AND ATTACHMENT OF EACH "LEAD CONTRACTING AGENCY ENDORSEMENT
AND AUTHORIZATION" OR "PARTICIPATING AGENCY ENDORSEMENT AND
AUTHORIZATION," AS APPLICABLE. ONCE EXECUTED, IT IS THE RESPONSIBILITY OF EACH
PARTY TO FILE THIS AGREEMENT WITH THE PROPER AGENCY IF REQUIRED BY LOCAL OR
STATE LAW.
41
SAMPLE — DO NOT SIGN
LEAD CONTRACTING AGENCY
ENDORSEMENT AND AUTHORIZATION
The undersigned acknowledges, on behalf of (Lead Contracting Agency) that he/she has
read and agrees to the general terms and conditions set forth in the enclosed Member Intergovernmental
Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and
services that from time to time are made available by Lead Contracting Agencies to Participating Agencies locally,
regionally, and nationally through NPP. Copies of Master Price Agreements and any amendments thereto made
available by Lead Contracting Agencies will be provided to Participating Agencies and NPP to facilitate use by
Participating Agencies.
The undersigned understands that the purchase of goods and services under the provisions of the Member
Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agencies.
The undersigned affirms that he/she is an agent of and is duly authorized to sign this
Lead Contracting Agency Endorsement and Authorization.
SAMPLE — DO NOT SIGN
BY:
ITS:
Lead Contracting Agency Contact Information:
Contact Person:
Address:
Telephone No.:
Email:
Date:
42
SAMPLE —DO NOT SIGN
PARTICIPATING AGENCY
ENDORSEMENT AND AUTHORIZATION
The undersigned acknowledges, on behalf of (Participating Agency) that he/she has read
and agrees to the general terms and conditions set forth in the enclosed Member Intergovernmental Cooperative
Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from
time to time are made available by Lead Contracting Agencies to Participating Agencies locally, regionally, and
nationally through NPP or FRGPO.
The undersigned further acknowledges that the purchase of goods and services under the provisions of the
Member Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating
Agency and that neither the Lead Contracting Agency nor NPP shall be held liable for any costs or damages
incurred by or as a result of the actions of the Vendor or any other Participating Agency. Upon award of contract,
the Vendor shall deal directly with the Participating Agency concerning the placement of orders, disputes, invoicing
and payment.
The undersigned affirms that he/she is an agent of and is duly authorized to sign this
Participating Agency Endorsement and Authorization.
SAMPLE — DO NOT SIGN
BY:
ITS:
Participating Agency Contact Information:
Contact Person:
Address:
Telephone No.:
Email:
Date:
43
ATTACHMENT B
SAMPLE — DO NOT SIGN
NATIONAL
PURCHASING
PARTNERS
INTEGRATED PURCHASING SOLUTIONS
, 2009
VENDOR CONTRACT NUMBER
NPP
VENDOR ADMINISTRATION AGREEMENT
Executive Summary
GPO NAME
National Purchasing Partners
OFFICE LOCATIONS
Corporate Office: Seattle, Washington
Field Office: Welches, Oregon
SENIOR VICE PRESIDENT
Andrew Forrester
andrew.forrester@MyNPP.com
VENDOR
ADDRESS
WEB ADDRESS
CONTACT PERSON
EMAIL/PHONE/FAX
e
p
f
NPP CONTRACT IDENTIFICATION
NPP
EFFECTIVE DATES
FROM: TO:
In General
This contract entered into between VENDOR, (hereinafter referred to as "Vendor"),
and National Purchasing Partners (hereinafter "NPP") is based upon the sales and/or
service of TURNOUT GEAR (the "Services" and "Products) to the NPP members
("Members").
Administration Contract
Fee
Vendor agrees to pay NPP a one percent (1%) contract administration fee based upon
the price paid for the Services and Products purchased from Vendor by the Members
under this Agreement and not under any other agreement. The one percent (1%) fee
will be exclusive of any other fee that may be due to other associations or buying
groups to which Vendor belongs.
In return for this administration fee, the NPP agrees to provide contract marketing of
Volume Sales Reports
Vendor agrees to submit an electronic Contract Activity Report to the NPP office 30
days following the end of each quarter. The Contract Activity Report will include the
content and be in the format specified by NPP from time to time.
Right to Review Books
and Records
Vendor agrees to keep complete, current and accurate books, records and accounts of
the transactions pursuant to this Agreement in order to verify compliance with this
Agreement. Vendor further agrees to fully satisfy or otherwise comply with all
inspection and reporting requirements provided under the Terms and Conditions to
Use of Data
Vendor hereby acknowledges and agrees to all restrictions identified in the Terms
and Conditions with respect to the dissemination of all NPP and/or Member
Permission to Market
Vendor
Vendor hereby grants permission to the NPP to market Vendor's products and/or
services to GPO members. Vendor agrees to provide NPP with all requested
44
Products/Services and use
Vendor Logo
information including but not limited to logos, price sheets, and contact information
within twenty (20) days of becoming an approved NPP Vendor. Furthermore,
Vendor hereby authorizes the NPP to utilize the Vendor company logo, copy (text)
provided by Vendor about their products and services, provided links to the Vendor
web site, provided price sheets, and other such material and information necessary to
market Vendor to NPP members. Vendor agrees to provide-NPP information such as
logo, product descriptions and pricing information within ten (10) working days of
request.
Contract Extension
The contract period can be extended by written mutual consent for a period of one
year.
Cancellation
This contract shall be in full force and effect from the effective date identified herein
upon signing. Either party, the NPP or Vendor with a sixty-day (60-day) written
notice, may cancel this contract.
Entire Agreement
•
This Contract, including the Terms and Conditions of which are a part of this contract
and by their reference incorporated herein and of which Vendor acknowledges it has
reviewed and signed, shall constitute the entire agreement between the NPP and
Vendor with respect to the subject matter herein and shall supersede all prior verbal
or written agreements, understandings, promises, and contracts between the parties.
45
NATIONAL
PURCHASING
PARTNERS
K2_tarED PLtiC iASt.i6 SOLOT ON&
National Purchasing Partners • Vendor Administration Agreement
Terms and Conditions
In addition to the terms set forth in the Executive Summary, National Purchasing Partners and Vendor shall
comply with the following general terms and conditions.
I. RECITALS. This National Purchasing Partner Vendor Administration Agreement ("Agreement") is made and
entered into as of the Effective Date (as defined on the signature page hereto) by and between National
Purchasing Partners ("NPP"), and ("Vendor"), (collectively, "the Parties").
a) NPP is a group purchasing organization ("GPO") which enters into arrangements for the purchase of
products and services on behalf of member Participating Agencies located throughout North America;
b) NPP provides a broad portfolio of agreements capable of serving all types of organizations; and
c) NPP's objective is to utilize lead or sponsoring governmental member institutions to secure agreements
with Vendors that provide the Participating Agencies with a pool of resources from which to obtain
products and services of optimum value at discounted prices while satisfying state and federal competitive
solicitation requirements where applicable; and
d) Vendor desires to provide products and services to the Participating Agencies pursuant to the terms of this
Agreement and the Master Price Agreement referenced herein.
2. DEFINITIONS. Unless otherwise defined in the text of this Agreement, capitalized terms used herein shall
have the meaning ascribed to them in this Paragraph 2:
a) Authorized Vendor means those dealers, Vendors, wholesalers, and/or manufacturers authorized in writing
by NPP to distribute Products and Services at NPP contract pricing to the Participating Agencies.
b) Contract Activity Report means the report(s) Vendor is required to submit to NPP listing all Sales under
this Agreement, such report(s) to be substantially in the form of Addendum A as may be amended from
time to time attached hereto.
c) Contract Administration Fee means the percentage of Sales Vendor agrees to remit to NPP that are
realized or generated as a consequence of this Agreement or any other arrangement between Vendor and a
Participating Agency.
d) Contract Period means the period as defined in the Master Price Agreement executed by Vendor and the
lead government member institution.
e) Force Majeure Event means a natural disaster, work stoppage, actions or decrees of governmental bodies
or communications failures not the fault of a party hereto.
f) Master Price Agreement means the agreement [also referred to as Contract] incorporated herein by
reference, and the terms and conditions contained therein shall apply to this Agreement except as expressly
modified by this Agreement.
g) Participating Agencies means the member governmental units represented by NPP.
h) Minority Business /H. U.B. Min means any business certified by a federal, state or local governmental
agency, or identified by a Participating Agency pursuant to the Participating Agency's own diversity
initiatives or internal policies, as a Minority Business Enterprise, Small Business Enterprise, Historically
Underutilized Business, Women -owned Business Enterprise, or some other comparable classification.
i) Products mean those items, accessories, equipment or services to be provided to the Participating Agencies
by Vendor in accordance with this Agreement, the Request for Proposal and/or the Master Price
Agreement entered into by Vendor and a Participating Agency.
j) Sales means the actual amount, including any credits or discounts, billed by Vendor to and paid by
Participating Agencies for the Products and any Bilateral Products.
3. RESERVATION OF RIGHT. NPP, acting in the best interest of all of the Participating Agencies, reserves
the right (without any obligation) to:
46
a) Request minor modifications of Vendor's and/or competing proposal(s) in order to facilitate use of the
resulting Master Price Agreement by its members; or
b) Seek other agreements (from Vendor and/or others) for the benefit of its members as may be permitted
outside the competitive solicitation process.
Vendor Obligations:
4. PARTICIPATING AGENCIES. During the Contract Period, Vendor shall offer and sell the Products to the
Participating Agencies on the terms and conditions set forth:
a) In this Agreement and any other referenced Master Price Agreements;
b) Pursuant to the terms of any Master Price Agreement executed by Vendor and a Participating Agency that
extends its terms to NPP membership; or
c) Pursuant to the terms of any Master Price Agreement executed by Vendor and a Participating Agency and
obtained through a Request for Proposal, Request for Bid, or other competitive procurement process,
whether published or not by the Participating Agency, that extends its terms to the NPP membership.
Participating Agencies shall be permitted to purchase products from Vendor at the prices or discounts identified
in the Master Price Agreement by referencing the Vendor Contract Number or Price File Number when
ordering products or services.
5. MARKETING. Vendor shall offer good faith effort to market its Products to NPP members through its own
internal means. Vendor may also offer good faith participation in informational marketing programs NPP
provides to its membership. Current marketing programs offered by the NPP include:
a) Home Page: Spotlight Partner Program.
b) Member Product Training: Opportunity for vendors to provide members product training.
c) NPP Booth Participation: Opportunity for vendors to present services at NPP's booth at conferences;
provided that vendors agree to NPP's Terms of Booth Participation, as amended by NPP from time to time.
d) Other Marketing Opportunities: As offered from time to time.
Vendor may participate in any or all marketing programs at its convenience. Additionally, there are other
opportunities at conventions and conferences, including joining NPP personnel in the NPP booth and providing
literature and product samples to be displayed in the booth. Participation in most marketing programs is
encouraged but voluntary.
6. MARKETING MATERIALS - USE OF NPP LOGO. Vendor may reference NPP and its logo in marketing
materials provided that NPP has been provided the opportunity to review printed materials prior to distribution
and Vendor has complied with current NPP logo use specifications. Vendor must obtain written approval from
NPP for all direct marketing materials prior to dissemination.
7. ACKNOWLEDGMENT OF NATIONAL DISTRIBUTION EXPECTATIONS. Vendor acknowledges
that Participating Agencies may be located throughout North America and that the ability to distribute products
and services on a national level is preferred but not required. Vendor further acknowledges that multiple bid
awards may be granted if a local vendor is unable or unwilling to distribute products and services on a national
level.
8. NO DISRUPTION OF NPP'S RELATIONSHIP WITH PARTICIPATING AGENCIES. Vendor shall
not offer, persuade or seek to induce any Participating Agency to terminate its status or relationship with NPP
in any manner or form whatsoever. A breach of this Paragraph will constitute sufficient cause for NPP to
terminate this Agreement and/or to seek damages from Vendor for loss of all actual and prospective Contract
Administration Fees resulting directly or indirectly from such breach.
9. SUBSTITUTE PRODUCTS. Vendor shall furnish only those products as ordered by Participating Agencies
and shall not furnish an alternate or substitute product or brand to any Participating Agency after an order has
47
been submitted without written approval of such substituted Product by the Participating Agency. Vendor may
update product lines to better service Participating Agencies.
10. DISTRIBUTION TO PARTICIPATING AGENCIES. Vendor shall sell and ship such Product to the
Participating Agency at the address the Participating Agency so specifies. Vendor shall obtain payment for any
delivered Product directly from the Participating Agency to whom the Product was delivered. Vendor shall be
solely responsible, at its sole cost, for resolving all disputes and controversies regarding any purchase order,
invoice, product, and shipment and/or delivery date with the applicable Participating Agencies without liability,
participation or contribution by NPP.
11. PROMPT DELIVERY. Vendor shall make prompt delivery of all Products to Participating Agencies. Vendor
and Participating Agencies may negotiate additional mutually agreed upon terms and conditions as they relate
to the specific needs of a product or service, pursuant to the terms of the Master Price Agreement executed by
the Vendor and Participating Agency, as modified or amended.
12. TAXES. If any tax is due with respect to the sale of any Product hereunder, it shall be Vendor's sole
responsibility to collect and pay such tax. Vendor shall defend, indemnify and hold harmless NPP against any
and all suits, claims and expenses arising out of any claimed failure to pay any tax on any Product sold under
this Agreement.
13. RESTRICTIONS ON USE OF DATA. Vendor hereby acknowledges and agrees that all NPP and/or
Participating Agency information and data generated or otherwise made available to Vendor as a result of NPP
and Participating Agencies' participation under this Agreement ("Data"), may be used by Vendor only for the
following internal purposes: (i) reporting, and (ii) use of Data as "input data" in a collection of data, cumulative
in nature, which does not disclose the source, at any time, of the input data. In no event shall Vendor sell,
market or commercialize Data or create derivative products or applications for sale based on Data. Further,
NPP and their affiliates shall have the right to sell, market and commercialize Data and create derivative
products and applications for sales based on Data.
Participating Agency Matters:
14. STATE AND FEDERAL PROCUREMENT LAWS. Vendor acknowledges that some Participating
Agencies are governmental entities and may be bound by state and/or federal competitive solicitation
requirements as well as possible mandatory local vendor preference regulations. Vendor further acknowledges
that amendment, modification and/or termination of all or select provisions of this Agreement, Master Price
Agreements or other awards of contracts obtained from Request for Proposal, Request for Bid, or other
solicitation process may prove necessary in order to comply with the laws of the state of origin of the
Participating Agency. Vendor agrees to accommodate all reasonable requests by a Participating Agency to
comply with federal, state and local laws.
15. MINORITY BUSINESS ENTERPRISE/H.U.B. Certain Participating Agencies may be required or
encouraged by law, regulation and/or internal policy to do business with Minority Businesses. To help the
Participating Agencies meet such requirements or policies, Vendor agrees to comply with all Participating
Institution policies and programs with respect to Minority Businesses as requested, and to provide, upon
request by the Participating Agency, statistical or other information regarding Vendor's utilization of such
Minority Businesses as vendors, contractors or subcontractors.
Term and Termination:
16. TERM. This Vendor Administration Agreement shall be in effect for the duration of the Master Price
Agreement referenced herein, whether obtained by NPP or a lead sponsoring Participating Agency, with respect
to non-competitive solicitations, or a lead or sponsoring Participating Agency, with respect to competitive
solicitation obtained by a Request for Proposal or Request for Bid, unless otherwise terminated pursuant to the
provisions of this Agreement.
48
17. TERMINATION BY NPP WITH CAUSE. NPP may terminate this Agreement for cause upon thirty -days
(30-days) written notice to Vendor, and failure by Vendor to cure the event giving rise to cause within such
thirty -day (30-day) period, except to the extent that shorter notice and cure periods are specified below. For
purposes of this Agreement, NPP shall have "cause" for termination if:
a) Subject to Paragraph 40 herein, Vendor is unable for any reason to supply Participating Agencies with
products or services at any time during the Contract Period, other than supplier and/or OEM manufacturer
delays and shortages beyond the control of Vendor; or
b) Vendor does not maintain adequate equipment, inventory or personnel to properly service Participating
Agencies; or
c) Vendor does not maintain the requisite insurance coverage specified in Paragraph 32 hereto; or
d) Where applicable, Vendor fails to notify NPP and the Participating Agencies within seven (7) days after (i)
Vendor becomes aware of any defect or condition which may render any Product in violation of the
Federal Food, Drug and Cosmetic Act, or any other federal, state or local law, regulation or ordinance, or
which in any way alters the specifications or quality of any Product, or (ii) Vendor receives any
notification of any regulatory action or warning letter concerning any Product; or
e) Vendor fails to pay any Contract Administration Fee or fails to submit any Contract Activity Report in
accordance with this Agreement; or
f) Vendor does not cure any error in reporting or payment identified as a result of an audit as provided in
Paragraph 27 hereto; or
g) Vendor otherwise breaches this Agreement and fails to cure such breach within thirty -days (30-days) after
NPP gives written notice to Vendor thereof.
18. BANKRUPTCY. The Parties reserve the right, in their sole and exclusive judgment, to terminate this
Agreement immediately upon notice that either Party (a) transfers assets in fraud of its creditors, (b) makes an
assignment for the benefit of its creditors, (c) Vendor is the subject of any proceeding in bankruptcy instituted
on behalf of or against it, (d) has a receiver or trustee appointed for its property, or (e) believes in its sole and
exclusive judgment that the other Party is financially unable to carry out adequately its obligations under this
Agreement.
19. TERMINATION BY VENDOR WITH CAUSE. Vendor may terminate this Agreement if NPP breaches a
material term of this Agreement and fails to cure such breach within thirty -days (30-days) after Vendor gives
written notice to NPP thereof.
20. TERMINATION BY THE PARTIES WITHOUT CAUSE. Neither party may terminate this Agreement
without cause prior to the termination of the Master Price Agreement referenced herein unless agreed upon by
both parties in writing.
21. RIGHTS AND OBLIGATIONS FOLLOWING TERMINATION. Upon termination of this Agreement for
any reason, NET and Vendor shall have the following rights and obligations, which shall survive the
termination of this Agreement:
a) Neither party shall be released from any obligation arising under this Agreement prior to its termination,
including, but not limited to, Vendor's obligation to pay NPP the Contract Administration Fee in full with
respect to any sale of any Product through the date of termination of this Agreement and any sale of any
Bilateral Product through the date of termination of the corresponding Bilateral Agreement; and
b) Vendor shall continue to honor each order for each Product, from each Participating Agency, up to the
effective date of termination and for a period of thirty -days (30-days) thereafter; which orders shall be
subject to the pricing, terms and conditions of this Agreement.
c) Vendor shall not release nor disseminate NPP data or other proprietary information acquired as a result of
this Agreement to third parties.
Vendor Fee and Reporting Requirements:
49
22. CONTRACT ACTIVITY REPORT. Vendor shall remit to NPP a current Contract Activity Report in format
acceptable to NPP within thirty -days (30-days) after the close of each Reporting Period. For purposes of this
agreement, "Reporting Period" shall mean each Calendar Quarter.
23. CONTRACT ADMINISTRATION FEES. Vendor shall remit to NPP, together with a Contract Activity
Report, a Contract Administration Fee equal to 1% of the price paid for the Services and Products purchased by
the Members under or as a consequence of this Agreement. Said fee shall include and be calculated based on
all Services and Products purchased by a Participating Agency directly related to the NPP contract referenced
by the Participating Agency. Vendor shall pay the Contract Administration Fee in U. S. Dollars by check or
bank draft made payable to "NPP" and shall remit the Contract Administration Fee to NPP within thirty -days
(30-days) after the close of each Reporting Period. Contract Administration Fee payment shall be made to the
following address:
National Purchasing Partners
P.O. Box 46930
St. Louis, MO 63146
Electronic forms may be sent to reports(mynpp.com
Each Contract Administration Fee payment must be accompanied by (a) the Contract Activity Report in both
electronic and hard copy and (b) the following information to be provided by Vendor to NPP in writing:
a) Vendor's name (If a parent or affiliate corporation is making a payment on behalf of Vendor, Vendor's
name as it appears on this Agreement shall be identified on the face of the check stub or on the payment
notice); and
b) NPP contract number, if provided by NPP; and
c) Reporting Period for which the Contract Administration Fee is being paid (e.g., 1/1/06 - 1/31/06).
24. CONTRACT ADMINISTRATION FEE REPORTING SPECIFICATIONS. Vendor agrees to comply
with all provisions of the current Quarterly Reporting Policy and Procedure for Non -Compliance, as may be
amended by NPP from time to time, with respect to failure to submit complete quarterly reports and payments.
As indicated herein, Vendor shall submit to NPP or its Designee a Contract Activity Report in electronic form
and Vendor shall comply with the specifications for electronic filing specified in this paragraph, as may be
amended by NPP from time to time. If Vendor fails to submit the Contract Activity Report in electronic form
and/or the Contract Activity Report in electronic form does not comply with the specifications set forth in
Addendum A, Vendor shall pay NPP an additional one -percent (1.0%) of the Sales for the applicable Reporting
Period as an administrative/processing fee. The administrative/processing Fee shall be added to and remitted
with the payment of the Contract Administrative Fee applicable to such Reporting Period. Vendor shall
provide NPP with a description of Vendor's process for loading the NPP Participating Agencies into its
reporting systems and tracking and reporting Sales by the Participating Agencies under this Agreement. The
description should include:
a) Information concerning how Vendor: (1) adds Participating Agencies; (2) enters pricing terms into its
reporting systems and how Vendor makes such pricing terms available to Participating Agencies; and (3)
uses Bilateral Agreements and letters of commitment, if applicable;
b) The forms to be used by Vendor for the designation(s) described in clause (i) above; and
c) The names of the individual(s) responsible for this process and procedure for Vendor.
25. CONTRACT ADMINISTRATION FEE SURCHARGE. Vendor shall not pay a late payment penalty
surcharge for the applicable Reporting Period if the Contract Administration Fee and/or the Contract Activity
Report with respect to a given Reporting Period have not been received by NPP within thirty -days (30-days)
after the close of such Reporting Period. However, such nonpayment or late payment of Contract
Administration Fee shall be cause for termination of this Agreement by NPP.
26. ESTIMATED CONTRACT ADMINISTRATION FEE. If the Contract Administration Fee has not been
received by NPP within ninety -days (90-days) after the end of the Reporting Period to which it relates, NPP
50
may invoice Vendor for the Contract Administration Fee estimated by NPP to be due for such Reporting
Period. Vendor shall pay such estimated Contract Administration Fee within ten (10) days after receipt of
NPP's invoice, if Vendor has not previously paid the Contract Administration Fee for such Reporting Period.
Invoice of such Contract Administration Fee by NPP, or payment of such estimated Contract Administration
Fee by Vendor, shall not relieve Vendor of its obligation to submit the Contract Activity Report applicable to
such Reporting Period and to pay in full the actual Contract Administration Fee owed with respect to such
Reporting Period and any surcharge applicable thereto.
27. RIGHT TO AUDIT. Vendor agrees to keep complete, current and accurate books, records and accounts of the
transactions pursuant to this Agreement in order to verify compliance with this Agreement. All such books, records
and accounts shall be available for inspection and audit by NPP and its authorized representatives at any time
during the term of this Agreement and for one (1) year thereafter, but no more frequently than twice in any
consecutive twelve (12) month period and only during reasonable business hours and upon reasonable notice. If
any NPP audits disclose a failure to provide the correct sales tracing information, then NPP shall have the right, at
NPP's option, to increase frequency and scope of audits. If any of NPP's audits disclose a failure to provide the
correct Contract Administration Fee, then NPP shall have the right, at NPP's option, to immediately terminate
this Agreement while retaining the right to pursue collection of its earned fees and Vendor shall be responsible
for the payment of the audit. Should any audit produce evidence that overcharges were incurred by
Participating Agencies, then Vendor shall credit said Members within thirty -days (30-days) of written notice of
said overcharge. If any Audit of Vendor invoices or other records reveal any variance from any invoice to any
Member, Vendor shall immediately refund any excess payment received from the Member.
28. NOTICE:
a) Every notice and other communication to NPP in connection with this Agreement shall be in writing. Each
such notice and other communication shall be sent to NPP at the following address until otherwise notified
in writing by the other party:
National Purchasing Partners
1100 Olive Way, Suite 625
Seattle, WA 98101
*Please note: Minor Reporting issues may be directed to the Contract Administrator at
contractsa.mvnpp.com or (800) 810-3909.
b) Unless otherwise notified by Vendor, every notice and other communication to Vendor in connection with
this Agreement, including reporting discrepancies and problem resolution, shall be in writing and shall be
addressed to:
Vendor must provide NPP written notice of change within thirty -days (30-days) following a change in the
above contact individual.
c) Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as
is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as
of the postmark date of such written notice. The NPP and Vendor may modify the addresses for such
notices provided such modification is given in writing under the provisions of this section.
Warranties, Indemnification and Law:
29. PRODUCT AND SERVICE WARRANTY. Vendor represents and warrants to NPP that all original
manufacturers' warranties will be upheld and each Product will not be improperly stored, reprocessed or
51
repackaged from its original state. Vendor represents and warrants to NPP that all Services will be done in a
good and workmanlike manner and warranted for 30 days.
30. COMPLIANCE BY VENDOR WITH ALL APPLICABLE LAWS. In the performance of its duties and
obligations under this Agreement, Vendor shall at all times comply with all applicable federal, state and local
laws, statutes, regulations, rules, orders and ordinances now in effect or as hereafter enacted, amended or
promulgated.
31. INDEMNIFICATION. To the fullest extent permitted by law, each party shall indemnify, defend (at the
parry's sole expense) and hold harmless the other party, affiliated companies of the other party, their partners,
joint ventures, representatives, members, designees, officers, directors, shareholders, employees, agents,
successors and assigns ("Indemnified Parties"), from and against any and all claims for bodily injury or death,
damage to property, demands, damages, actions, causes of action, suits, losses, judgments, obligations and any
liabilities, costs and expenses (including, but not limited to, investigative and repair costs, attorneys' fees and
costs and consultants' fees and costs) ("Claims") which arise or are in any way connected with the products or
services performed or provided by the party or its agents. These indemnity and defense obligations shall apply
to any acts or omissions, negligent or willful misconduct of the party, its employees or agents, whether active
or passive. Such party shall not be obligated to indemnify and defend the other party for claims found to be
due to the sole negligence or willful misconduct of indemnified parties. These indemnification obligations
shall survive expiration or other termination of this Agreement.
Insurance and Shipping Charges:
32. INSURANCE. Vendor shall maintain insurance coverage adequate to fully protect both Vendor and NPP
from any and all claims of any nature for damage to property or for personal injury, including death, made by
any person or entity arising from Products sold through Vendor or actions related to Products sold through
Vendor (including subcontractors, employees, consultants or agents of Vendor).
33. PRODUCT TITLE, SHIPPING CHARGES, DELIVERY SURCHARGES. Inbound Freight Charges,
shipping charges and delivery surcharges, if any, shall be consistent with the terms and conditions of the
Master Price Agreement executed by the Vendor and Participating Agency.
Product Marketing and GPO -Compliance Requirements:
34. PRODUCT RETURNS. Notwithstanding the express written terms of the Master Price Agreement executed
by the Vendor and Participating Agency, each Participating Agency shall have the right to return, without
penalty, cost or delay, any defective or recalled Product. Vendor shall issue credit to an institution within
thirty -days (30-days) of the date of return. Vendor shall bear the freight cost to return such Product to Vendor.
Vendor shall also provide NPP with a copy of its return goods policy prior to the Commencement Date and
with copies of any change in such policy during the term of the Agreement.
Other:
35. ELECTRONIC COMMERCE. Vendor shall support the development of electronic commerce on the
Internet by and among NPP, the Participating Agencies and Vendor to the extent feasible.
36. CONFIDENTIALITY. Except as may be required by law or as reasonably required to conduct their
respective businesses, NPP and Vendor shall not use, publish or disclose or cause anyone else to use, publish
or disclose any confidential information obtained in connection with the negotiation and implementation of
this Agreement. NPP and Vendor shall maintain the confidentiality of the terms of this Agreement, as well as
all negotiations prior to the Effective Date. The above restrictions on disclosure and use shall not apply to any
information which (a) is or becomes generally available to the public, other than as a result of disclosure by
the party receiving the information pursuant to this Agreement, (b) was made available to other third persons
on a non -confidential basis prior to the execution of this Agreement, or (c) becomes available on a non -
confidential basis from a third person, which third person was not itself under an obligation to maintain the
52
confidentiality of such information, or (d) is required by law, subpoena or court order to be disclosed. NPP
may disclose such confidential information to the Shareholders and Participating Agencies and any employee
or advisor of NPP in its evaluation, operation or interpretation of this Agreement. NPP and Vendor may
disclose the existence of this Agreement and other information, such as the overall savings expected to be
realized from this Agreement, subject to the written approval of the other party. The provisions of this clause
shall survive the expiration or other termination of this Agreement regardless of the cause of termination.
37. INDEPENDENT CONTRACTORS. The parties shall be and act as independent contractors and this
Agreement shall not be construed as one of partnership, agency, joint venture or employment. Nothing in this
Agreement shall (a) constitute the formation of a partnership, joint venture or employment relationship, or (b)
give the right, power or authority to one party to bind the other.
38. NO COLLUSION. Vendor represents and warrants that it prepared its proposal to NPP without any collusion
whatsoever between Vendor and any other potential or actual Vendors or contractors of NPP.
39. UNENFORCEABLE PROVISION. If one or more of the provisions of this Agreement, or the application or
interpretation thereof, is determined to be invalid or unenforceable, the remainder of this Agreement shall
remain in full force and effect, and the provisions deemed invalid or unenforceable replaced with valid and
enforceable provisions which achieve the intent of Vendor and NPP in entering into this Agreement.
40. FORCE MAJEURE. If either NPP or Vendor is unable to discharge any obligations imposed by this
Agreement, the non -complying party shall not be liable in the event such failure is due to a Force Majeure
Event. NPP shall have the right to select an alternate or additional Vendor(s) to replace or supplement
Vendor, if in NPP's sole and exclusive judgment, Vendor is unable to fully discharge or adequately fulfill its
obligations under this Agreement as a result of a Force Majeure Event.
41. ASSIGNMENT. Vendor shall not assign this Agreement without the prior written consent of NPP. For
purposes of this Paragraph, "assignment" shall be deemed to include (a) the sale or transfer of any rights or
obligations under this Agreement, and (b) a change in the identity of the person(s) or entity(ies) owning a
majority of the issued and outstanding voting securities of Vendor and/or Vendor's parent corporation(s).
Any attempt by Vendor to assign any of its rights or delegate any of its duties hereunder without the prior
written consent of NPP shall be null and void and shall entitle NPP, at its sole and exclusive option, to
terminate this Agreement in its entirety. In addition, any such attempted assignment by Vendor shall entitle
each Participating Agency, at its sole and exclusive option, to cease purchasing any and all Products from
Vendor and to begin purchasing such Products from such other manufacturers or Vendors as the Participating
Agency may select. NPP may freely assign and delegate any of its rights and obligations under this
Agreement without restriction. Subject to the limitations on assignment set forth in this Paragraph, this
Agreement will apply to, be binding in all respects upon, and inure to the benefit of, the successors and
permitted assigns of the parties.
42. NON -WAIVER OF PROVISIONS. The party entitled to the benefit of such provision may waive any
provision of this Agreement in writing at any time. No waiver of any provision of this Agreement shall be
deemed to or shall constitute a waiver of any other provision hereof. Except as expressly provided in this
Agreement, no delay on the part of any party in exercising any right, power or privilege shall operate as a
waiver thereof. The waiver by either party of any breach or default by the other party shall not be construed to
be either a waiver of any subsequent breach or default of any such provision, of the same or different kind, or
a waiver of the provision itself.
43. SECTION HEADINGS. All section headings contained herein are for convenience only and shall in no way
modify or restrict any of the terms or provisions hereof, or affect the meaning or interpretation of this
Agreement.
53
44. SIGNATURE OF DULY AUTHORIZED REPRESENTATIVE. Duly authorized representatives or agents
of both NPP and Vendor shall sign this Agreement, and such signatures shall be conclusive proof of that
person's authority to bind NPP and Vendor, respectively.
45. GOVERNING LAW. This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Washington without regard to choice or conflict of law rules. The parties acknowledge that this
Agreement evidences a transaction involving interstate commerce. The United States Arbitration Act shall
govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause set forth herein.
46. ARBITRATION. Any dispute, claim, or controversy arising out of or relating to this Agreement, or the
breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in
accordance with its Commercial Arbitration Rules, and the place of arbitration shall be Seattle, Washington.
Each party shall bear its own costs and expenses including, without limitation, attorneys' fees. Each party
shall bear an equal share of the arbitrators' and administrative fees of arbitration. Judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The provisions of this
clause shall survive the expiration or other termination of this Agreement regardless of the cause of
termination.
47. ADDENDA; ENTIRE AGREEMENT. The General Terms as well as all Addenda to this Agreement are an
integral and binding component of this Agreement, and are incorporated fully herein by this reference. In the
event of any actual or perceived inconsistencies or conflicts between this Agreement and any addendum
hereto, the provisions of this Agreement shall govern. This Agreement, together with the addenda, will
constitute the full and complete Agreement between the parties as to the terms outlined herein. This
Agreement supersedes and cancels in their entirety any and all previous agreements, discussions, negotiations,
commitments and obligations of any sort, whether written or oral, existing between NPP and Vendor with
respect to the subject matter hereof.
48. AMENDMENT, MODIFICATION AND CANCELLATION. The parties may, from time -to -time, agree to
modify the terms of this Agreement, including the addition or deletion of products and services offered by
Vendor, provided, however, that the amendment is in writing and signed by the NPP Executive Director and by
Vendor' authorized representative. Both parties reserve the right to cancel this Agreement in whole or in part if
the other party breaches this Agreement and does not correct such failure within thirty -days (30-days) of
receiving written notice from the other party specifying such failure or if the other party in any respect
repudiates or otherwise breaches the terms hereof.
49. AUTHORIZED USE OF NPP MEMBERSHIP LIST ("THE LIST"). NPP may, from time to time,
provide Vendor with the List. The authorized use shall consist solely and exclusively of the provisions of this
paragraph, unless otherwise approved upon in writing by NPP.
a) Vendor may use the entire NPP Membership List, with the exception of the FireRescue GPO
Membership List, for the following purposes:
i) sales calls, telemarketing, faxing, email, and mailing promotional materials; and
ii) generating in-house reports.
b) The Vendor specifically may not:
i) copy, modify, alter adapt or transfer the List, in whole or in part, except to engage in the
authorized use set forth in this paragraph; or
ii) disclose, distribute, rent, sub -license or lease the List to any third party or use the List to
provide service for other parties without prior written consent of NPP.
54
c) NPP WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, ARISING OUT OF THE VENDOR'S USE OF OR
INABILITY TO USE THE LIST. NPP IS NOT RESPONSIBLE OR LIABLE FOR ANY
COSTS INCURRED BY THE VENDOR, INCLUDING BUT NOT LIMITED TO, THOSE
INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, CLAIMS BY THIRD
PARTIES, OR FOR OTHER SIMILAR COSTS.
d) Vendor is solely responsible for any and all damages arising from use of the List by Vendor
agents, employees, contractors or anyone else given access to the List by the Vendor. The
Licensee shall indemnify NPP and be held unconditionally responsible for any and all damages
sustained by NPP for such use including, but not limited to, all costs and reasonable attorney's
fees related to litigation. Vendor also consents to the entry of an order enjoining any use of the
List in violation of the Agreement to prevent further and continuing damage.
50. COUNTERPARTS. This Agreement may be executed in counterparts all of which together shall constitute
one and the same Agreement.
(The remainder of this page intentionally left blank)
55
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE
ENFORCED BY THE PARTIES.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date signed
by National Purchasing Partner's authorized representative (the "Effective Date").
VENDOR NAME:
ADDRESS:
AUTHORIZED REPRESENTATIVE:
BY:
PRINTED NAME:
TITLE:
DATE:
NAME: National Purchasing Partners
ADDRESS: 1100 Olive Way, Suite 625
Seattle, WA 98101
AUTHORIZED REPRESENTATIVE:
BY CONTRACT MANAGER:
PRINTED NAME:
TITLE:
DATE:
Note: The NPP mailing address for
Contract Activity Report and payment
can be found in Section 23 of this
document.
56
VENDOR ADMINISTRATION AGREEMENT
ADDENDUM A
Quarterly Reporting: What You Need
National Purchasing Partners vendors are required to submit a quarterly Contract Activity Report according to your
organization's Vendor Administration Agreement. Please scroll down to find reporting and administrative fee
payment instructions and use the reporting template on www.mvnpp.com.
Quarterly Volume Sales Report Instructions
Step One: Filling Out the Forms
Even if you have had no sales, please submit a report indicating zero sales for the quarter. Please call our office with
any questions you may have regarding the content or format of the Contract Activity Registration form, ask for:
Emerald Piedad, Contract Administrator
1.800.810.3909
Emerald.Piedad(ibmvnpp.com
Step Two: Submitting the Forms and Payment
In accordance with your Vendor agreement the Contract Activity Report and Payment is due in the National
Purchasing Partners office within 30 days following the end of each quarter.
MAIL ADMINISTRATION FEE PAYMENT TO:
National Purchasing Partners
P.O. Box 46930
St. Louis, MO 63146
EMAIL THE COMPLETED CONTRACT ACTIVITY REPORT TO:
reports@rnynpp.com
Contact
If you have any questions, please call our office for assistance. We look forward to speaking with you! Our number
is 1.800.810.3909 or email:
Emerald Piedad, Contract Administrator, Emerald.PiedadO/mynpp.com
57
Vendor
Name
customer
Name
Customer
Address :
City State
Vendor Item
Description
Manufacturer
Item #
Item
Price
Item
Qty.
Total .
Amount
Admin Fee
Percent
Column Data Name
Required
Data Descrjption
Maximum Length/Type
Vendor NPP Number
Required
Vendor ID number assigned to vendor by NPP
Number (7)
Vendor Name
Required
Text (50)
Customer NPP Number
Required
ID number assigned to customer by NPP. (Found in
Member List.)
Number (7)
Customer GLN
Global Location Number
Text (13)
Customer Name
Required
Text (50)
Customer Address 1
Required
Text (30)
Customer Address 2
Text (30)
Customer City
Required
Text (30)
Customer State
Required
Post Office State Code i.e. OR for Oregon
Text (2)
Customer Zip Code
Required
Text (10)
Contract Number
Required
Contract Number assigned by NPP
Text (10)
Invoice Number
Required
Text (20)
Invoice Date
Required
Date MM-DD-YYYY
format
Vendor Item Number
Required
Text (20)
Vendor Item Description
Required
Text (50)
Manufacturer Item
Number
Required
Text (20)
Manufacturer Item Name
Required
•Text (50)
Item UOM (Unit of
Measure)
Required
Selling Unit i.e. CASE, BOX, EACH
Text (20)
Item UOM Conversion
Required
Number of items per UOM i.e. 12 items in a CASE,
36 items in a CASE. (EACH is always equal to 1)
Number
Item Price
Required .
Price per UOM i.e. $120.00 per case
Number (up to 2 decimal
places)
Item Quantity
Required
Number of UOM i.e. 10 cases, 10 Each, 6 Boxes
Number
Total Amount
Required
Amount received from customer
Number (up to 2 decimal
places)
Admin. Fee Percent
Required
Percent of Total Amount per Contract agreement for
NPP
Number
Admin. Fee
Required
Contract agreement amount for NPP
Number (up to 2 decimal
places)
Begin Date
Required
Reporting Period Begin Date
Date in MM-DD-YYYY
format
End Date
Required
Reporting End Date
Date in MM-DD-YYYY
format
58
Admin
Fee