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HomeMy WebLinkAboutReso 110-20 Authorizing the Purchase of Computers, Related Equipment, and Services from Synnex Corporation/ConvergeOneReso No. 110-20, Item 4.7, Adopted 10/20/20 RESOLUTION NO. 110 - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE PURCHASE OF COMPUTERS, RELATED EQUIPMENT, AND SERVICES FROM SYNNEX CORPORATION/CONVERGEONE WHEREAS, the City requires the use of a Cisco phone system and related equipment for City operations and routinely replaces computer servers and related network equipment that has reached the end of its useful life; and WHEREAS, Staff desires to purchase computer equipment and services from Synnex Corporation/ConvergeOne that will likely exceed $45,000 in the current year; and WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency; and WHEREAS, Synnex Corporation/ConvergeOne has a valid pricing agreement (contract # 01-97, attached hereto as Exhibit A) publicly bid by NCPA Region XIV Education Service Center, which meets this Municipal Code provision for a publicly bid agreement, and the contract is valid through July 31,2022; and WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council approval of equipment and services with a cost greater than or equal to forty-five thousand dollars ($45,000). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to procure computers, related equipment, and services in excess of $45,000 from Synnex Corporation/ConvergeOne, subject to available budget appropriation, under a purchasing agreement publicly bid by NCPA Region XIV Education Service Center through the term of the contract. PASSED, APPROVED AND ADOPTED this 20th day of October 2020, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES: ABSENT: ABSTAIN: ______________________________________ Mayor ATTEST: _______________________________________ City Clerk Competitive Solicitation by Region 14 Education Service Center For Advanced Technology Solutions Aggregator On behalf of itself and other Government Agencies And made available through the National Cooperative Purchasing Alliance RFP # 18-19 Introduction / Scope ¨ Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non- profit organizations (herein “Public Agency” or collectively “Public Agencies”) is soliciting proposals from qualified vendors to enter into a Master Agreement for a complete line of Advanced Technology Solutions Aggregator. ¨ Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant contract available to all participating agencies in the United States. NCPA provides marketing and administrative support for the awarded vendor that promotes the successful vendor’s products and services to Public Agencies nationwide. The Vendor will execute the NCPA Administration Agreement (Tab 2) upon award. Vendor should thoroughly review all documents and note any exceptions to NCPA terms and conditions in their proposal. ¨ Awarded vendor(s) shall perform covered services under the terms of this agreement. Respondents shall provide pricing based on a discount from their standard pricing schedules for products and/or services offered. Electronic Catalog and/or price lists must accompany the proposal. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply. Additional pricing and/or discounts may be included. ¨ Each service proposed is to be priced separately with all ineligible items identified. Services may be awarded to multiple vendors. Respondents may elect to limit their proposals to a single service within any category, or multiple services within any and all categories. ¨ National Cooperative Purchasing Alliance (NCPA) Ø The National Cooperative Purchasing Alliance (herein “NCPA”) assists public agencies to increase their efficiency and reduce their costs when procuring goods and services. This is accomplished by awarding competitively solicited contracts that are leveraged nationally by combining the volumes and purchasing power of entities nationwide. Our contracts are available for use by any entity that must comply with procurement laws and regulations. ¨ It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP. Ø Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Public Agencies; Ø Achieve cost savings of Vendors and Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals; Ø Combine the purchasing power of Public Agencies to achieve cost effective pricing; Ø Reduce the administrative and overhead costs of Vendors and Public Agencies through state of the art purchasing procedures. Instructions to Respondents ¨ Submission of Response Ø Only sealed responses will be accepted. Faxed or electronically transmitted responses will not be accepted. Ø Sealed responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response. Ø Deviations to the terms, conditions and/or specifications shall be conspicuously noted in writing by the respondent and shall be included with the response. Ø Withdrawal of response will not be allowed for a period of 120 days following the opening. Pricing will remain firm for 120 days from submittal. ¨ Required Proposal Format Ø Responses shall be provided in a three-ring binder or report cover using 8.5 x 11 paper clearly identified with the name of Respondents company and solicitation responding to on the outside front cover and vertical spine. Two (2) bound and signed copies of the proposals and Two (2) electronic copies on flash drives (i.e. pin or jump drives) shall be provided. Tabs should be used to separate the proposal into sections, as identified below. Respondents failing to organize in the manner listed may be considered non-responsive and may not be evaluated. ¨ Binder Tabs Ø Tab 1 – Master Agreement / Signature Form Ø Tab 2 – NCPA Administration Agreement Ø Tab 3 – Vendor Questionnaire Ø Tab 4 – Vendor Profile Ø Tab 5 – Products and Services / Scope Ø Tab 6 - References Ø Tab 7 - Pricing Ø Tab 8 – Value Added Products and Services Ø Tab 9 – Required Documents ¨ Shipping Label Ø The package must be clearly identified as listed below with the solicitation number and name of the company responding. All packaged must be sealed and delivered to the Region 14 ESC offices no later than the submittal deadline assigned for this solicitation. From: ________________________________________________________________ Company: ________________________________________________________________ Address: ________________________________________________________________ City, State, Zip: ________________________________________________________________ Solicitation Name and Number: ________________________________________________________________ Due Date and Time: ________________________________________________________________ Tab 1 – Master Agreement General Terms and Conditions ¨ Customer Support Ø The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request. ¨ Disclosures Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract. ¨ Renewal of Contract Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to two (2) additional one-year terms or any combination of time equally not more than 2 years if agreed to by Region 14 ESC and the vendor. ¨ Funding Out Clause Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions: Ø Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract. ¨ Shipments (if applicable) Ø The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ¨ Tax Exempt Status Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor. ¨ Payments Ø The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor. ¨ Adding authorized distributors/dealers Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized. Ø Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA. Ø Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder. Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA. ¨ Pricing Ø All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA. Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing ¨ Warranty Ø Proposals should address each of the following: § Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period. § Availability of replacement parts § Life expectancy of equipment under normal use § Detailed information as to proposed return policy on all equipment ¨ Indemnity Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract. ¨ Franchise Tax Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes. ¨ Supplemental Agreements Ø The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. ¨ Certificates of Insurance Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ¨ Legal Obligations Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ¨ Protest Ø A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following: § Name, address and telephone number of protester § Original signature of protester or its representative § Identification of the solicitation by RFP number § Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested Ø Any protest review and action shall be considered final with no further formalities being considered. ¨ Force Majeure Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty ¨ Prevailing Wage Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly. ¨ Miscellaneous Ø Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order. ¨ Open Records Policy Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by- page and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Ø The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. Process Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document. ¨ Contract Administration Ø The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC. ¨ Contract Term Ø The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms or any combination of time equally not more than 2 years. Ø It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ¨ Contract Waiver Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ¨ Products and Services additions Ø Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are within the scope of this RFP. ¨ Competitive Range Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ¨ Deviations and Exceptions Ø Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible. ¨ Estimated Quantities Ø The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $50 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation ¨ Evaluation Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance. ¨ Formation of Contract Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. ¨ NCPA Administrative Agreement Ø The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort. ¨ Clarifications / Discussions Ø Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondents are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices. ¨ Multiple Awards Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies. ¨ Past Performance Ø Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer. Evaluation Criteria ¨ Pricing (40 points) Ø Electronic Price Lists § Products, Services, Warranties, etc. price list § Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item. ¨ Ability to Provide and Perform the Required Services for the Contract (25 points) Ø Product Delivery within participating entities specified parameters Ø Number of line items delivered complete within the normal delivery time as a percentage of line items ordered. Ø Vendor’s ability to perform towards above requirements and desired specifications. Ø Past Cooperative Program Performance Ø Quantity of line items available that are commonly purchased by the entity. Ø Quality of line items available compared to normal participating entity standards. ¨ References (15 points) Ø A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years ¨ Technology for Supporting the Program (10 points) Ø Electronic on-line catalog, order entry use by and suitability for the entity’s needs Ø Quality of vendor’s on-line resources for NCPA members. Ø Specifications and features offered by respondent’s products and/or services ¨ Value Added Services Description, Products and/or Services (10 points) Ø Marketing and Training Ø Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø Customer Service Signature Form The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal. Prices are guaranteed: 120 days Companyname SYNNEX Corporation Address 39 Pelham Ridge Drive City /State/Zip Greenville, SC 29615 Telephone No. 864-349-4801 ----------------------------------------------- Fax No. 510-360-6613 Email address danielbr@synnex.com Printed name Daniel T. Brennan Position with company Vice President & Senior Counsel Authorized signature : ~~ ~"J...lv'-../ _ ____, ·---.......- SYNNEX Corporation Tab 2-NCPA Administration Agreement This Administration Agreement is made as of __________ ---J by and between National Cooperative Purchasing Alliance ("NCPA") and ("Vendor"). Recitals WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______ _, referenced as Contract Number by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the "Master Agreement"), for the purchase of Advanced Technology Solutions Aggregator; WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as "public agency" or collectively, "public agencies") may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies; WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis; NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows: • General Terms and Conditions ~ The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. ~ NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor's obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC. ~ Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. ~ NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement. ~ With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region 01-97 August 1, 2019 August 1, 2019 14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement. ~ The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. + Term of Agreement ~ This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement. + Fees and Reporting ~ The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at reporting@ncpa.us. Reports are due on the fifteenth (15th) day after the close of the previous month or quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below: Entity Name Zip Code State PO or Job# Sale Amount Total ____ _ ~ Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor's annual sales shall be measured on a calendar year basis. Deadline for term of payment will be included in the invoice NCPA provides. Annyi!.l Si!.lC!i Thrgy.:h ~gntra~;t Admini!itral;ivc Fcc 0 -$30,000,000 2% $3~00~001-$5~00~000 1.5% $50,000,001 + 1% Vice President & Senior Counsel August 09, 2019 Daniel Brennan SYNNEX Corporation E-SIGNED by Daniel Brennan on 2019-08-09 08:32:24 EST August 1, 2019 Houston, TX 701273 PO Box 701273 Director, Business Development Matthew Mackel X Tab 3 -Vendor Questionnaire Please provide responses to the following questions that address your company's operations, organization, structure, and processes for providing products and services. + States Covered » Bidder must indicate any and all states where products and services can be offered. » Please indicate the price co-efficient for each state if it varies. D SO States & District of Columbia (Selecting this box is equal to checking all boxes below) 0Alabama D Maryland D South Carolina 0Alaska D Massachusetts D South Dakota 0Arizona D Michigan D Tennessee 0Arkansas D Minnesota Drexas D California D Mississippi 0Utah D Colorado D Missouri Dvermont D Connecticut D Montana 0Virginia D Delaware D Nebraska D Washington D District of Columbia D Nevada D West Virginia D Florida D New Hampshire Owisconsin D Georgia D New Jersey 0Wyoming D Hawaii D New Mexico D Idaho ONewYork D Illinois D North Carolina D Indiana D North Dakota 0Iowa Dohio D Kansas D Oklahoma D Kentucky D Oregon D Louisiana D Pennsylvania D Maine D Rhode Island X Contracts Management Supervisor X X Greenville SC Jennifer McEachern SYNNEX Corporation 39 Pelham Ridge Drive Greenville SC 29615 864-349-4079 jennifermce@synnex.com D All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below) D American Somoa D Federated States of Micronesia 0Guam D Midway Islands D Northern Marina Islands D Puerto Rico D U.S. Virgin Islands + Minority and Women Business Enterprise (MWBE) and (HUB) Participation ~ It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an MfWBE or HUB certified. • Minority f Women Business Enterprise • Respondent Certifies that this firm is a M/WBE D • Historically Underutilized Business • Respondent Certifies that this firm is a HUB D + Residency ~ Responding Company's principal place of business is in the city of _______ ~ State of __ _ + Felony Conviction Notice ~ Please Check Applicable Box; D A publically held corporation; therefore, this reporting requirement is not applicable. D Is not owned or operated by anyone who has been convicted of a felony. D Is owned or operated by the following individual(s) who hasjhave been convicted of a felony ~ If the 3rd box is checked, a detailed explanation of the names and convictions must be attached. + Distribution Channel ~ Which best describes your company's position in the distribution channel: D Manufacturer Direct D Certified education/government reseller D Authorized Distributor D Manufacturer marketing through reseller D Value-added reseller D Other: ----------- + Processing Information ~ Provide company contact information for the following: • Sales Reports I Accounts Payable ContactPerson: ----------------------- Title: ------------------------- Company: -------------------------- Address: ------------------------- City: --------State: _______ Zip: ___ _ Phone: __________ Email: __________ _ Cory Fortune SLED Contracts Business Development Manager SLED Contracts Business Development Manager SYNNEX Corporation 39 Pelham Ridge Drive Greenville SC 29615 864-349-4560 coryf@synnex.com X X SYNNEX Corporation X 39 Pelham Ridge Drive Greenville SC 29615 864-349-4560 coryf@synnex.com Cory Fortune • Purchase Orders ContactPerson: --------------------------------------------- Title: -------------------------------------------------- Company: -------------------------------------------------- Address: ------------------------------------------------ City: ----------State: -------------Zip: ____ _ Phone: -------------------Email: --------------------- • Sales and Marketing • Pricing Information ContactPerson: --------------------------------------------- Title: ------------------------------------------------ Company: ----------------------------------------------- Address: ------------------------------------------------ City: ----------State: -------------Zip: ____ _ Phone: -------------------Email: --------------------- » In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. • If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions. DYes D No » Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer. DYes D No » Vendor will provide additional discounts for purchase of a guaranteed quantity. DYes D No Tab 4 – Vendor Profile Company’s Official Registered Name: SYNNEX Corporation Brief History of Company: SYNNEX Corporation was formed in 1980 and is now a Fortune 158 company that offers a comprehensive range of industry-leading IT products and business services to our reseller customers. We’ve built a solid reputation for delivering customized, fully-integrated solutions, services, and support, including distribution, contract assembly, business process outsourcing, and logistics. We’re aligned with the top manufacturers in the IT industry to distribute products to more than 25,000 resellers throughout North America. Key suppliers include: HP Inc., Hewlett-Packard Enterprise, Cisco Systems, Juniper, Palo Alto, Samsung, Panasonic, Intel, Seagate, Microsoft, and Lenovo. Our sales staff is grouped by product segment, allowing them to focus their expertise and experience to manage all lines and provide an engaged, consultative sales approach. With 16 US distribution facilities, SYNNEX gets the right products to market quickly and cost-effectively. Our model streamlines business processes to help resellers lower their costs and create greater efficiencies. We provide a variety of professional and marketing services, including: demand generation, education and training, pre- and post-sale technical support, end-user enablement, server assessment, design and integration, recycling and trade-in, and IT resource planning. SYNNEX provides contract assembly services, ranging from original design and printed circuit board assembly to fully-integrated supply chain management, build-to-order (BTO) and configure-to-order (CTO), final assembly, materials management, production value-add, and logistics. SYNNEX sponsors a wide variety of programs, communities, and events to build and grow our resellers’ business in specific vertical markets. For example, our Government, Education, and Healthcare programs help resellers compete in these high-growth markets, and SYNNEX with our comprehensive GSA schedule, is able to simplify the complex government bidding process. Our Services SYNNEX offers a variety of services to our customers. The three major categories of services include the following: Distribution Services. SYNNEX ‘s distribution services segment distributes a broad line of IT products, including IT systems, peripherals, system components, software and networking equipment for leading IT OEM suppliers, enabling us to offer comprehensive solutions to our reseller and retail customers. Our reseller customers include value-added resellers, or VARs, corporate resellers, government resellers, system integrators, direct marketers and retailers. We distribute more than 2,000,000 technology products from leading IT OEM partners to more than 25,000 resellers throughout the United States, Canada and Mexico. We combine our core strength in distribution with our service model to provide our customers greater efficiencies in time to market, cost minimization, real time linkages in the supply chain and aftermarket product support. Contract Assembly Services. SYNNEX offers contract assembly services to original equipment manufacturers (OEMs). Offerings range from original design and printed circuit board assembly capabilities to fully-integrated supply chain management, build-to-order (BTO) and configure-to-order (CTO), final assembly, materials management, production value-add and logistics services. Business Process Outsourcing. The BPO segment offers various services comprising customer management, software development, web hosting, hosted software, domain name registration, and back office processing. This segment delivers its services through voice, chat, Web, email, and digital print. It also sells products complementary to these service offerings in China. In addition, SYNNEX Corporation offers various financial services, including net terms, third party leasing and floor plan financing, letters of credit, and arrangements to collect payments directly from the end-user; online services; and marketing services, as well as technical support services consisting of pre and post-sales support. The company serves resellers, retailers, and OEMs located worldwide. The above major categories of services are complemented by the following: Logistics Services. SYNNEX provides logistics support such as outsourced fulfillment, virtual distribution, and direct ship to end-users to our reseller customers. Other logistics support activities we provide include generation of customized shipping documents, multi-level serial number tracking for customized, configured products, and online order and shipment tracking. Online Services. SYNNEX maintains electronic data interchange (EDI) and web-based communication links with many of our reseller customers. These links improve the speed and efficiency of our transactions with our resellers by enabling them to search for products, check inventory availability and prices, configure systems, place and track orders, receive invoices, review account status, and process returns. We also have web-based application software that allows our resellers or their end-user customers to order software and take delivery online. Financing Services. SYNNEX offers our resellers a wide range of financing options, including net terms, third party leasing, floor plan financing, letters of credit, backed financing, and arrangements where we collect payments directly from the end-user. Technical Solutions Services. The SYNNEX team is made up of highly trained and certified engineers who assist our customers and sales reps with pre sales consultation, post sales troubleshooting, and training inquiries. Joint Supply Chain Management and Distribution Services. SYNNEX provides our contract assembly customers with materials procurement and management activities including planning, purchasing, expediting, and warehousing system components and materials used in the assembly process. Because we distribute many of the system components used in our contract assembly our customers are able to minimize their inventory risk by taking advantage of the terms and conditions of our distribution relationships. In addition, we also offer increased inventory availability to our contract assembly customers because we stock items for both distribution and assembly. Our Operations SYNNEX operates distribution facilities in the United States, Japan, England, Canada, Latin America and Mexico. Our distribution processes are highly automated to reduce errors, ensure timely order fulfillment, and enhance the efficiency of our warehouse operations and back office administration. Our distribution facilities are geographically located near reseller customers and their end-users. This decentralized, regional strategy enables us to benefit from lower shipping costs and shorter delivery lead times to our customers. Furthermore, we track several performance measurements to continuously improve the efficiency and accuracy of our distribution operations. Our regional locations also enable us to make local deliveries and provide will-call fulfillment to more customers than if our distribution operations were more centralized, resulting in better service to our customers. Our workforce is comprised of permanent and temporary employees, enabling us to respond to short-term changes in order activity. SYNNEX’s proprietary IT systems and processes enable us to automate many of our distribution operations. For example: • SYNNEX uses radio frequency and bar code scanning technologies in all of our warehouse operations to maintain real-time inventory records • We facilitate frequent cycle counts and improve the accuracy of order fulfillment • SYNNEX uses palm readers to capture real-time labor cost data, enabling efficient management of our daily labor costs. To increase the accuracy of our order fulfillment and protect our inventory from shrinkage, our systems also incorporate numerous controls. These controls include order weight checks, bar code scanning, and serial number profile verification to verify that the product shipped matches the customer order. We also use digital video imaging to record our small package shipping activities by order. These images and other warehouse and shipping data are available online to our customer service representatives, enabling us to quickly respond to order inquiries by our customers. SYNNEX operates its principal contract assembly facilities in the United States and the United Kingdom. We assemble IT systems that include workstations, servers and high end storage array solutions by incorporating system components from our distribution inventory and other sources. Additionally, we perform production value-added services, including kitting, asset tagging, hard drive imaging and reconfiguration. Our contract assembly facilities are ISO 9001:2000 and ISO 14001 certified. Sales Teams SYNNEX Sales Team is available Mon. through Fri. 8 AM to 7 PM EST. Additional coverage time needs can be discussed on an individual basis. Support day-to-day activity, including but not limited to: o Pricing and availability o Configuration and technical support o HP White board and Watson support o Order entry and expediting shipments SYNNEX sales are segmented and have a focus on top product lines with niches and/or unique products. Our sales staff members are experts in chosen customer segments. Our sales staff members are consultants as well as sales persons. We provide our customers with product offering that are unique and margin-making opportunities. SYNNEX Technical Support Hotline: 1-800-756-2888 or Techsup@SYNNEX.com SYNNEX Software Support Hotline: 1-800-456-4822 ext. 6939 Customer Service: 1-800-756-1888 or cshelp@SYNNEX.com Technical Support SYNNEX does many things outside of pick, pack and ship. We are a business outsourcing company and as such we provide technical support around the world. We utilize that same expertise in our Distribution business and offer free Pre and Post Tech Support for general technical questions all the way up to complex configurations. We offer 2 hour turnaround times on basic configurations. On more complex configurations we offer a 4 our turnaround. Global Presence Over 90% of 2018 revenue generated in North America Focused IT distribution strategy for the United States and Canada 16 distribution facilities in North America (US/Canada/Mexico) Regional strategy designed to lower shipping costs and to reduce delivery times to customers Utilize sizeable offshore workforce to reduce costs New expansion of distribution business into Japan Acquisition of InfoTech, the third largest distributor in the third largest economy Leveraging SYNNEX cost efficiencies and scale Global BPO centers allow for 24/7 operations (North America, Central America, Asia, and Europe) SYNNEX outsources our Tech Support for Direct TV in the Pacific Rim SYNNEX outsources our Tech Support for Linksys, a division of Cisco Acquired Westcon Comstor in 2017 International Shipments: SYNNEX is able to ship internationally. However, there are strict requirements of our Manufactures contracts and Government guidelines. Before committing, you should always work with SYNNEX sales team for freight quote and lead time. Your SYNNEX sales team will work with SYNNEX Customs department to insure all necessary information including but not limited to Vendor approval. With 16 distribution facilities nationwide, SYNNEX gets the right products to market, right-on- time. In addition to reducing shipping times, our regional warehouse placement slashes freight costs to customers, helping them win deals and boosting their margins. Corporate Headquarters: Fremont, California Sales Headquarters: Greenville, South Carolina Warehouse Locations: Atlanta, Georgia Chantilly, Virginia Chicago, Illinois Richardson, Texas Keasbey, New Jersey Grove City, Ohio Miami, Florida Olive Branch, Mississippi Portland, Oregon Ontario, California Las Vegas, Nevada Years in Business/Reputation/References Quick Facts Established: 1980 Chief Executive Officer: Dennis Polk Corporate Headquarters: Fremont, CA Traded: NYSE (SNX) Duns #: 112375758 Reputation Fortune 158 Corporation Rated #1 in Relationship, Price & Availability by CRN Rated Best Channel Strategy Gartner Honored at HP’s 2012 Americas Partner Conference with the prestigious “Partner in Excellence Award” for HP Distributor Growth 3 years running http://ir.SYNNEX.com/releasedetail.cfm?ReleaseID=568439 Intel’s #1 volume Distributor Excellent Public Sector Past Performance and Program Management As a leading worldwide IT distributor, SYNNEX partners with more than 5,000 Federal, State, and Local Government and Education customers (SLED). We have excellent past performance in the Public Sector space, owning and managing three GSA Schedules for over 20 years. As a contractor, SYNNEX has worked closely with the U.S. DOE in the construction of their Superdome advanced computer servers at Lawrence Livermore National Laboratories. Our experience in this market has helped us to develop similar processes in the SLED marketplace. SYNNEX manages over 35 SLED contract vehicles for our manufacturing partners in Texas, Florida, South Carolina, and nationally through NASPO ValuePoint, USETPA, and NCPA Contracts. Our NCPA contract sales to date total more than $35 million from September 2016 – March 2019. References SYNNEX helped design and build what was then the world’s largest Super Computer, housed at Lawrence-Livermore Labs Helped design and build the Facebook Data Center Past performance includes builds for Blue Coat and Sun Microsystems Delivered 15,000 desktop units to USDA (8,550 total orders were consolidated to 60 invoices) Delivered 25,000 CTO desktops on a rollout basis in 30 days Involved with Raytheon/CSC desktop refresh project (over 15,000 desktop units) 132 consecutive quarters of profitability Datacenter OCP builds for Amazon and Facebook Dedicated Sales Teams/Quoting Process/Hours of Operation/Global Presence Reseller and Business Enablement Services SYNNEX provides numerous reseller and business enablement services, including: Document Solutions specializes in the conversion of paper documents to digital, from distributed scanning systems, document management applications, and image capturing software, to storage and retrieval, disaster recovery, and versioning Financial Services credit and financing options help reseller’s compete for large deals while conserving capital, with little to no up-front cash commitment Healthcare Program helps resellers build and grow a healthcare sales practice and gain insight into an estimated $110 B business Hosted Solutions robust outsourced SaaS applications at a huge cost savings that develops solid margins and revenue streams with few barriers to entry HP Enterprise Server and Storage Solutions specialized sales and support teams focused on HP offerings in the enterprise space Integrated Communications Group (ICG) combines voice, data, video, security, and messaging to deliver best-in-class, unified communication strategies Jack Of All Games is a leading video game provider in North America combining industry knowledge with proven distribution expertise servicing the retail channel New Age Electronics is the nation’s leading sales and distribution partner delivering an unsurpassed channel management model to consumer technology retailers and manufacturers Office Supply Solutions has collateral equipment such as printer cartridges and office materials, enabling resellers to become specialized product providers and increase total sales scope On Demand Services server assessment and virtualization, security, data backup and recovery, field and help desk services, equipment recycling and trade-in, and more supplements resellers’ capabilities Open Source Channel Alliance (OSCA) is a consortium of Independent Software Vendors (ISVs) delivering open source technologies to our customer base PC Wholesale is a reliable, one-stop shop for new, refurbished, end-of life, and overstock computer and consumer electronics products PRINTSolv is an on-ramp, managed print solution to handle consumer demand billing, supplies replenishment, and total fleet management, with the reliability of a lease Public Sector Program is the only broadline IT distributor with its own GSA Schedule to help resellers build and grow their government business, plus custom, comprehensive solutions that expand their play in the education market. Reseller Marketing Services leverages the power of SYNNEX Marketing on behalf of our reseller customers to increase their reach and improve their return on their enduser marketing spend value-added services. Software Solutions industry-leading products and a full complement of services and support to help resellers capture, hold, and grow their software accounts Strategic Procurement recruits and manages specialty vendors required to complete a reseller’s solution, while simultaneously allowing the vendor access to SYNNEX’s broader customer base Supply Chain Solutions is a TOTAL supply chain solution that reduces logistics costs and inventory cycles and improves service levels Systems Integration Division (SID) has custom server, storage and appliance solutions to customers spanning verticals like network security, application acceleration, health IT, streaming media and other applications tied to specific software and services Technology Solutions Division (TSD) designs integrated solutions for new and emerging technology markets, such as: network security, telephony and unified communications, printer and document management, physical and network security, and AutoID/POS systems Varnex and Varnex Public Sector is a vendor-sponsored reseller community focused on the SMB market, with specialized tracks for members engaged in the public sector markets Visual Solutions is a multi-vendor communication, training, and support for Digital Signage, Projector, and Pro-AV sales Wide-Format Solutions specializes in large-format printers, supplies, and media Westcon-Comstor Purchased in May of 2017, Westcon focuses on UCC, Software Security and Networking manufacturing lines including Cisco, Juniper, Palo Alto and Check Point Software. Dun & Bradstreet Number: 11-237-5758 Company’s Organizational Chart of our Team: Contract Administration: Ed Somers, eds@synnex.com, 864-349-4374 Pricing/Reporting: Jennifer McEachern, jennifermce@synnex.com, 864-349-4079 Sales: Cory Fortune, coryf@synnex.com, 864-349-4560 Jaime Grimm, jaimeg@synnex.com, 864-349-7589 Business Development: Randy Finley, randyfi@synnex.com, 864-349-4390 E-Rate/Grants: Tim Evatt, time@synnex.com, 864-349-4405 Education Team Leader: Brent Odom, brento@synnex.com, 864-349-4039 Public Safety Team Leader: Mike Gambrell, mikega@synnex.com, 864-349-4881 Corporate Office Locations Corporate Office: Fremont, CA East Coast Sales Office: Greenville, SC Midwest Sales Office: Dallas, TX Distribution Centers: Fremont, CA; Las Vegas, NV; Atlanta, GA; Dallas, TX; Chicago, IL; Olive Branch (Memphis), MS; Chantilly, VA; Los Angeles, CA; Carson, CA, Miami, FL; Keasby, NJ Integration Facility: Olive Branch, MS Key Contacts: Contract Administration: Ed Somers, eds@synnex.com, 864-349-4374 Pricing/Reporting: Jennifer McEachern, jennifermce@synnex.com, 864-349-4079 Sales: Cory Fortune, coryf@synnex.com, 864-349-4560 Jaime Grimm, jaimeg@synnex.com, 864-349-7589 Business Development: Randy Finley, randyfi@synnex.com, 864-349-4390 E-Rate/Grants: Tim Evatt, time@synnex.com, 864-349-4405 Education Team Leader: Brent Odom, brento@synnex.com, 864-349-4039 Public Safety Team Leader: Mike Gambrell, mikega@synnex.com, 864-349-4881 Standard Terms of Payment: Net 30 terms are standard. However, we off an entire portfolio of alternative finance options from leasing to escrow. Who is our Competition in the Marketplace? Ingram Micro; Tech Data; Arrow; Avnet What differentiates our Company from Competitors? We empower our resellers with valuable tools and solutions that they can easily integrate into their operations and support them with world-class professionals. We execute our business with speed and efficiency and are willing to invest into infrastructure to best support our manufacturers and reseller partners. Describe How your Company will Market this Contract if Awarded. SYNNEX has a significant amount of experience owning/managing Public Sector contracts. These vehicles do not sell themselves and require a significant amount of investment in sales and demand generation to make them successful. Our plan will include a number of facets addressing both resellers and endusers. Although we don't sell direct to endusers, we do have a team that provides enduser demand generation through call out campaigns; print/mailers; e-mail; website contract landing page and an electronic storefront offering. For our resellers, we will pull our historical procurement data per awarded vendor line to identify the most responsive/responsible resellers selling into State and Local Government, K-12 and higher education nationwide. To date, we have identified 50 resellers and will use this list to identify those resellers we want to authorize on the contract. Likewise we will do this nationwide and include higher education institutions and state/local government sales as well. In this way we can ensure we have the correct "feet on the street" in all areas covered by NCPA. With this select group of resellers, we will implement regular trainings to ensure they understand the NCPA contract and the target audience. Ongoing efforts will be to establish a regular sales meeting cadence in which we review sales efforts, pending opportunities and any issues. Manufacturers and their local sales teams will likewise be engaged to assist in the identification of opportunities and special pricing. We will provide support for table top shows, collateral and web landing pages for our participating resellers. Ultimately, we see our role as an IT distributor to provide all of the tools a reseller will need to increase their sales on this contract and to help develop the partnership with the vendor and their field sales teams. SYNNEX will also make available our extensive technical support team and 24/7 customer service call center to ensure exceptional customer support. Marketing this contract will include a number of simultaneous activities: -Press release -Identifying the resellers we want to authorized to promote this contract -Reseller recruitment and training -Multiple training webinars for both internal sales teams and external customers -Dedicated NCPA web page development -Development of marketing materials -Attending industry events and table, top shows -Ongoing reseller recruitment efforts and internal sales trainings -Enduser demand generation team will drive awareness with endusers on behalf of our resellers Describe How you Intend to Introduce NCPA to your Company Contract Management Summary Award Create T's & Cs's summary; develop pricing calculator Communicate win internally and with each vendor line Determine rules of engagement; assign responsibility roles Recruitment Identify Resellers: Vendor lists; SYNNEX POS; Sales Manager's; OSRs prior to award Training: onsite; online; webinars Establish eligibility requirements Sign participation agreement Contract Management Monthly contract review by SYNNEX contracts team - the good, the bad and the ugly Monthly status calls with each participating reseller Quarterly cadence calls with the contractor community Ongoing calls with participating vendors to update/revise strategy. Initial Kick off phase- Upon award, communicate to vendor and internal vendor PM/BDM teams Put together contract terms and conditions; pricing calculator; price file Review administrative requirements Set e-mail aliases Webpage development-contract details, calculator, location for vendor ads, forum, Q&A Determine vendor's strategy and reseller engagement; special pricing Establish reseller qualifiers, sales minimums, agreement Identify reseller candidates via POS, ISRs, OSRs and vendor input Contact reseller Require business plan/marketing plan Conduct trainings via webinars of resellers, sales reps, BDMs, PMs and vendor Possibly conduct joint road shows to promote/train Press release Marketing materials for resellers Ongoing management- Trainings/webinars - initially and ongoing Product refresh - marketing and communication Business development-slip/gain report for both reseller and vendor Business development-monthly sales report to vendor with email updates QBR for reseller (or as needed) QBR for vendor Vendor seasonal pricing for this community QBR webinar for reseller community Marketing events Updating Reseller database with contact information SYNNEX has identified our training processes in the preceding sections for both inside/outside sales teams; our business development team and authorized resellers and solution providers. Essentially, it will entail training, collateral, PPT presentations and onsite visits to conduct Q&A. Training is an ongoing process that should be scheduled throughout the year on webinars, onsite trainings and industry events. Communicate access to the website; collateral that is available; processes on obtaining quote/orders and contract pricing. All aspects of the contract, from marketing it to the enduser to customer service to tech support, needs to be explained. Describe your Firm’s Capabilities and Functionality of Your On-Line Catalog/Ordering Website See attached pdf document Describe your Company’s Customer Service Department SYNNEX Customer Service and Return Policy PRODUCT RETURNS Return requests may be submitted through the following channels: CUSTOMER SERVICE Hotline: 800-756-1888 Monday through Friday 8AM-8PM EST EMAIL: CSHELP@SYNNEX.com WEBCHAT: http://apps2.link2support.com/WEBCHAT%20SYNNEX/Main.php?do=_WEBCHAT&submit= _Login REQUIRMENTS Defective or damaged Products or those subject to customer remorse may be returned to SYNNEX by adhering to the Requirements below. 1. Reseller must obtain a valid RMA number for all returns. 2. As the distributor of manufacturer branded products, SYNNEX must adhere to the manufacturer’s return policies. These policies include adhering to final dates of return or re-stocking fees for returns. At a minimum, SYNNEX agrees to a 30 day return policy for unopened product. 3. Not all product lines are eligible for this return policy. Check with your SYNNEX salesperson to verify specific eligibility. PROCDEURES The procedures provided below for replacement or credits are the exclusive remedies to Reseller for any claim related to any defective or damaged Products or customer remorse. 1. RMAs will be issued for items eligible for return. If any item is ineligible for return, Reseller will be informed and the RMA will be denied. 2. SYNNEX will not be obligated to replace or provide credit for Products returned as defective and damaged from abuse, misuse (including improper storage) or other product warranty exclusion, from attempted repair, or during repossession or shipment to SYNNEX. 3. Ineligible returns and returns not on approved RMAs will be disposed of at SYNNEX’s discretion with no credit, and a charge back will be issued for any ineligible deductions taken. 4. RMAs expire within twenty (30) days of issuance. SYNNEX has the right to refuse returns after such date. 5. SYNNEX will respond to RMA requests within forty-eight (48) hours of receiving from the customer. Requests must include the following information: 6. Sales Order Number 7. Description of merchandise 8. Manufacturer part number 9. Quantity 10. Specific reason for return and condition of product: Factory Sealed or Open 11. Serial Number 12. Notification of approved RMA requests will be made via fax or e-mail. Authorized returns must be shipped freight prepaid. 13. Returns must be received at the return location designated by SYNNEX on or before the last date of return to be eligible for credit. Credit for returns will be issued within one (1) week of receipt of merchandise at the Net Reseller Price in effect on the date SYNNEX receives the eligible product 14. All returns must be in the original manufacturer box. A packing slip must be included in each box or pallet identifying the product numbers, quantities, number of boxes. A copy of the RMA must be attached to all boxes for UPS shipments and at least two cartons for common carrier shipments. Boxes should be marked 1 of XX, 2 of XX, etc. Green Initiative Environmental Services Recycle, Disposal, and Asset Buy-Back Overview SERVICESolv specializes in the environmental recycling of retired IT equipment and print consumables. With expertise in risk mitigation, logistics, asset management, re-marketing, recycling, and data destruction, our recycle and disposal services help you responsibly handle your customers’ outdated hardware. SERVICESolv has experience processing the obsolete assets of companies in the financial services, healthcare, insurance, and legal industries, as well as for government and education. Our processing plants are equipped with state-of-the-art data-erasure and destruction technology to provide your customers with the peace of mind that all data and drive destruction is performed to the most-stringent international data-security standards. To ensure that hardware is safe for reuse, SERVICESolv’s standard data overwrite process includes a three-pass data wipe compliant with the U.S. Department of Defense 5220.22-M. Additionally, a certification of data erasure and destruction is furnished for each onsite service performed or shipment received. What is the value of the SERVICESolv Recycle, Disposal, and Asset Buy-Back Services for you? Safe and compliant removal of assets and destruction of data Competitive offers for all hardware recycling, often including buy-back estimates Single point of contact for the entire project, from initiation through completion Tailored services to meet each client’s individual needs Options for on-site data destruction Get started with recycling IT equipment by downloading and completing the recycling worksheet from http://www.SYNNEX.com/servicesolv/whatis/recycle.html. Once completed, return the recycling worksheet to SERVICESolv@SYNNEX.com. Green Solutions IT equipment can be up to 25% of total enterprise energy use, and datacenter energy use doubles every 5 to 8 years. As energy costs continue to rise, pressure builds on the bottom line. SYNNEX Green Solutions provides a set of tools and services focused on helping you tap into the sales potential and customer value for Green IT, delivering IT solutions that reduce energy and save your customers energy and money. One of our most successful services is the SYNNEX Utility Incentive Program for resellers. This nationwide program is a list of identified electric utilities offering incentives to companies for IT Assets Commonly Recycled •Notebooks •Desktops •Displays •Printers •Print consumables •Servers •Storage systems •Handhelds •Networking equipment •Many other electronics projects that save money. SYNNEX handles the calculations, applications, and other elements for utilities to approve a project for incentives. What is the value of Green IT? Ability to identify IT projects that are eligible for electric utility rebates and to manage the paperwork process seamlessly. Allows you to offer a Green IT solution in your services portfolio, showcasing your business as socially-conscious. Manage customers’ EOL assets through our E-waste recovery and recycling service that pays you for supporting a greener planet. What are some of the features of SYNNEX Green solutions? Seamless management of the application process to obtain eligible rebates from participating electronic utilities All products meeting ENERGY STAR or EPEAT ratings are identified in ECExpress and on our specific Green IT linecard PO level and custom energy-saving calculators help you define cost savings to support ROI conversations Development of custom Green IT Roadmap for complex or larger opportunities Repository for third-party research and white papers you can leverage to develop a foundation for customer discussions eStorefront Item Developed and hosted by SYNNEX (no servers. bandwidth to worry about) Based on SYNNEX's ECExpress online ordering system , a full -integrated , integrated eCommerce platform that continues to evolve Create your own niche catalog , or offer all SYNNEX skus (approx. 1 00 ,000) Includes Search and Add to Shopping Cart functionality Secure checkout (Verisign and PCI compliance) Ability to accept coupon codes and special bid numbers Select product assortment based on manufacturer, manufacturer category, product category or individual skus Set your pricing , down to the sku level Rich product information , including product images , technical specifications and accessorries/add-{)ns , updated daily 'Green' product search included Default shipping method and optional shipping methods (as upgrades) Add your company's sales, technical support and customer service contact information Realtime Inventory display from all SYNNEX warehouses? Option to require customer to login , or leave open to anyone SYNNEX Helpdesk assistance by phone/email Order Processing and Billing Item Order is routed to SYNNEX for processing and shipment End user-billed version Yes Reseller-billed version Yes Customer enters their Credit Card , Shipping Address etc. Order is routed to reseller for review/approval before routing to SYNNEX Yes Yes , with additional purchase order field Yes Order ships from SYNNEX warehouse with reseller address/contact info on packing lisVreceipt Pricing Initial setup fee= $99 Monthly maintenance fee= $199 Here are the benefits you get with eStorefrontmall.com : 1) A Proven eCommerce Platform TBD TBD eStorefrontmall .com is built on top of ECExpress , SYNNEX's mission-critical reseller ecommerce platform . You get reliability and comfort knowing we have integrated our code platform , web server knowledge and ERP processes into eStorefrontmall.com . 2) Security for your customers and for you . eStorefrontmall.com offers the following security features : • Payment Card Industry (fQ) Security for enhanced payment card data security . • VeriS iqn -our sites are VeriSign secured • Sensitive information is transmitted by Hypertext Transfer Protocol Secure ~). providing encryption and secure identification . 3) Up-to-Date Product information, Technical Specifications, descriptions and Product Images Ma intaining a catalog of product in an online store can be difficult, as new products are introduced and older products expire . Top 4) Evolving platform When you look at partnerships , you need to feel comfortable knowing your partner grows with you . Your Storefront is maintained in-house by experienced SYNNEX staff. eStorefrontmall .com evolves based on requests from other customers. You gain the added benefit of better tools and upgrades . With eStorefrontmall.com , you don 't have to worry about building your own eCommerce store or maintaining complex software . The same platform you use to order from SYNNEX is what you can offer your customers . You can concentrate your efforts on giving your customers the attention they need , and they can place orders whenever they want, at any day/time they want. http://www. synnex. corn/eS torefront/index. html Page 3 of 4 6/21/2016 eStorefront Page 4 of 4 Request More Info 1> Followus ~ Legal Information 1 Privacy Policy 1 Terms & Conditions 1 Copyright Policy Copynght 20t6 SYNNEX Corporation All nghts reserved SYNNEX. the SYNNEX Logo COMPUTERLAND CONCENTRIX . DATAGO. ENEX FLEXSOURCE LICENSE ONLINE , NEW AGE ELECTRONICS the NEW AGE ELECTRONICS Logo , JACK OF ALL GAMES. the JACK OF ALL GAMES Logo , the NEXCE Logo NEXCONCEPTS , the NEXCONCEPTS Logo PRINTSOLV. SUPPORTRIX . the TSD Logo , VARNEX and aU other SYNNEX company product and serv1ces names and slogans are trademarks or reg1stered trademar1<s of SYNNEX Corporation. SYNNEX . the SYNNEX Logo COMPUTER LAND . CONCENTRIX OAT AGO , ENEX . LICENSE ONLINE. PRINTSOLV and VARNEX Reg US Pat & Tm Off Other names and marks are the property of the1r respective owners Top http://www.synnex.com/eStorefront/index.html 6/21/2016 TAB 5 – PRODUCTS AND SERVICES SYNNEX is a broad-line computer products distributor with over 1,000 OEMs on our corporate line card. We have 11 distribution centers nationwide with the ability to deliver product within 1-2 days. We also have a full service integration facility located outside of Memphis, TN that can provide a full range of integration services. Our authorized OEM list is attached. Products will include mobility, networking, security, storage, software, IoT and cloud. We are also including our full range of services. We sell to over 25,000 Value-Added Resellers (VARs) and solution providers nationwide with over 7,000 active resellers on a monthly basis in the Public Sector market. We intend to offer an ecosystem of resellers to help support this contract and providing onsite sales and technical support and customer service. We will be able to offer complete coverage nationwide in support of the NCPA contract. SYNNEX CORPORATE 2019 LINE CARD Contact Us: 1.800.456.4822 www.synnex.com 279520-19 | 032719 7 6 3 2 5 4 89 1 Map your destination to increased productivity, cost savings and overall business success. Our distribution centers are strategically located across the United States to provide you with product where you need it when you need it. Each of our distribution centers provides our customers with warehouse ratings of nearly 100% in accuracy and PPS (pick, pack and ship) performance. Couple that with unsurpassed service from our infrastructure support, giving you one more reason why you should be doing business with SYNNEX. That’s service and infrastructure support you can rely on! Sounds simple, but at SYNNEX we understand that true business growth requires access to meaningful, tangible business infrastructure, tools, and resources. That’s why over the last year we’ve invested heavily in providing our partners with high-impact business services, designed from the ground up to provide real value, and delivering on our commitment to provide unprecedented support to our most valuable asset, our partners. • GSA Schedule • ECExpress Online Ordering • Software Licensing • Reseller Marketing Services • Leasing • Integration Services • Trade Up • A Menu of Financial Services • SYNNEX Service Network • ASCii Program • PRINTSolv Components East 800.444.7279 Components West 888.756.4888 Government Sales 800.456.4822 Ex. 4007 Security Sales 800.444.7389 Leasing 800.451.5744 POS Solutions 800.753.6927 Customer Service 800.756.1888 OEM West 800.756.7888 CTI Products (Sales) 800.444.7359 Regional Office 800.756.5974 SMB Sales Group 855.899.0050 Supplies & Accessories 888.223.1164 Software 866.226.7532 License Online West 800.414.6596 License Online Central/ East 800.432.6980 Auto ID / POS Sales 800.950.5974 ICG Security & Wireless LAN 800.688.0751 Corporate Headquarters Fremont, California Sales Headquarters Greenville, South Carolina Warehouse Locations 1 Tracy, California 2 Chantilly, Virginia 3 Romeoville, Illinois 4 Richardson, Texas 5 Monroe, New Jersey 6 Grove City, Ohio 7 Miami, Florida 8 Southaven, Mississippi 9 Chino, California *ISO-9001-2000 Manufacturing Facillities ADVANCING IT INNOVATIONS INFRASTRUCTURE SERVICES SYNNEX The Strategic Procurement division helps new vendors enter distribution by identifying, developing, and managing the vendors needed to complete our customers’ solutions. These vendors represent many different verticals and business models and help us drive incremental value for our partners. Why Choose SYNNEX as Your Distribution Partner? Suppliers More than 500 incremental vendors Product Categories •Commercial •Professional AV •Networking •Manufacturing/industrial •Consumer electronics •Public Sector •Government •Education •Regulated Industries •Healthcare Full Distribution Services •Logistics Management •Product Fulfillment •24x7 Order Processing and Billing •Technical and Sales Support •Dedicated PM Team •Virtual Inventory/EDI CONTACT Strategic Procurement Email us directly at: strategicprocurement@synnex.com Call your SYNNEX Rep: 864-349-4117 Strategic Procurement A DIVISION OF SYNNEX CORPORATION Primary Name :SYNNEX CORPORATION Alternate Name :SYNNEX CORPORATION D-U-N-S® :11-237-5758 Address :39 Pelham Ridge Dr Greenville,SC 29615 Telephone Number :+1 (864) 349-4861 Past Performance Evaluation Report Date :03-04-2019 Order Number 4287712 Company Information Year Started: Year of Current Control: Annual Sales: Total Employees:1700 SIC/Line of Business:7389/Business services, nec The supplier's overall performance rating is an assessment of predicted performance.Ratings are on a scale from 0 to 100, where 100 represents the highest level of customer satisfaction. The SIC-level benchmark indicates how the supplier's overall performance rating ranks in comparison against peers. SIC/Quintile Overall Performance Rating 93 Bottom Top Overall, how satisfied do you feel about the performance of this company during this transaction? SIC: 7389/Business services, nec Detailed Performance Ratings RELIABILITY: How reliably do you think this company follows through on its commitments? 93 COST: How closely did your final total costs correspond to your expectations at the beginning of the transaction? 90 ORDER ACCURACY: How well do you think the product/service delivered matched your order specifications and quantity? 94 DELIVERY/TIMELINESS: How satisfied do you feel about the timeliness of the product/service delivery? 92 QUALITY: How satisfied do you feel about the quality of the product/service provided by this company? 94 BUSINESS RELATIONS: How easy do you think this company is to do business with?94 PERSONNEL: How satisfied do you feel about the attitude, courtesy, and professionalism of this company's staff? 92 CUSTOMER SUPPORT: How satisfied do you feel about the customer support you received from this company? 93 RESPONSIVENESS: How responsive do you think this company was to information requests, issues, or problems that arose in the course of the transaction? 91 Past Performance Evaluation © Dun & Bradstreet, Inc.Page: 1 of 2 This supplier's ratings were based in part on survey feedback from past customers. This chart provides a breakdown of the survey responses received from customers in the last 12 months. For each of the survey questions, the responses, which were provided on a 0 to 10 scale, are categorized as "positive" (9 to 10), "neutral" (5 to 8), or "negative" (0 to 4). All Customer feedback is provided confidentially; individual reference responses are not disclosed. The percentages of responses falling into each category are shown below. Business Name :SYNNEX CORPORATION D-U-N-S® :11-237-5758 Report Date :03-04-2019 0 25 50 75 100 OVERALL PERFORMANCE RELIABILITY COST ORDER ACCURACY DELIVERY/TIMELINESS QUALITY BUSINESS RELATIONS PERSONNEL CUSTOMER SUPPORT RESPONSIVENESS Positive Feedback Neutral Feedback Negative Feedback The most recent feedback obtained on this supplier came from companies in the following industries. SIC/Line of Business: 7379/Computer related maintenance services 8748/Business consulting, nec 5064/Electrical appliances, television and radio 3577/Readers, sorters, or inscribers, magnetic ink 5045/Computers, peripherals, and software 7372/Business oriented computer software 3651/Household audio and video equipment 5044/Photocopy machines 7373/Systems integration services 5961/Computer software, mail order 3577/Optical scanning devices 5734/Computer and software stores 5044/Office equipment 5045/Computer peripheral equipment 3577/Printers, computer 5734/Computer software and accessories 5045/Computer software 5961/Computers and peripheral equipment, mail order 7373/Computer integrated systems design Total number of surveys completed : 34. Note: The supplier ratings set forth above incorporate the responses and performance opinions of the surveyed customer references and not those of Dun & Bradstreet. Some references may not have provided ratings for all performance aspects. The report may not be reproduced in whole or part in any manner whatsoever. Past Performance Evaluation © Dun & Bradstreet, Inc.Page: 2 of 2 TAB 8 – VALUE ADDED PRODUCTS AND SERVICES See attached SYNNEX Services pdf. Tab 9 -Required Documents + Clean Air and Water Act I Debarment Notice + Contractors Requirements + Antitrust Certification Statements + FEMA Standard Terms and Conditions Addendum for Contracts and Grants + Required Clauses for Federal Assistance by FTA + State Notice Addendum Antitrust Certification Statements (Tex. Government Code§ 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that: (1) 1 am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex . Bus . & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and (4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents ofthis bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company . Company name SYNNEX Corporation Address 39 Pelham Ridge Drive City /State/Zip Greenville, SC 29615 Telephone No. 864-349-4801 Fax No. 51 0-360-6613 Email address danielbr@synnex.com Printed name Daniel T. Brennan Position with company Vice President & Senior Counsel Authorized signature ~ <i:.J~ \ ~"-.SJy..c:= <---""-- FEMA Standard Terms and Conditions Addendum for Contracts and Grants If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency ("FEMA") grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 ("44 CFR 13"). In addition, Contractor agrees to the following specific provisions: 1) Pursuant to 44 CFR 13.36(i)(1), University is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor's compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43. 2) Pursuant to 44 CFR 13.36(i)(2), University may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44. 3) Pursuant to 44 CFR 13.36{i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws: a. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor ("DOL") regulations (41 CFR Ch. 60); b. Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations {29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-30) as supplemented by DOL regulations (29 CFR Part 5); e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act {33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation play issued in compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89 Stat. 871). 4) Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41. 5) Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions 72 regarding patents: a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the participating agency and be disposed of in accordance with the participating agencies policy. The participating agency, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries. 6) Pursuant to 44 CFR 13.36{i)(9), Contractor agrees to the following provisions, regarding copyrights: a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes: 1) The copyright in any work developed under a grant or contract; and 2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. 7) Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions. 8) Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42. Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS Contractor agrees to: a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three {3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11). CIVIL RIGHTS/ TITLE VI REQUIREMENTS 1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2) Equal Employment Opportunitv. The following Equal Employment Opportunity requirements apply to this Contract: a. Race. Color. Creed. National Origin. Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq .. and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. b. ~-In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, "Age Discrimination in Employment Act:', 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor's control where segregated facilities are maintained. As used in this certification the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts. Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part. Contractor agrees ta include the requirements af this clause in each subcontract financed in whale or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. DISADVANTAGED BUSINESS PARTICIPATION This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs", therefore, it is the policy of the Department ofTransportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)). 2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor's receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor's work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance ofthe Contract. ENERGY CONSERVATION REQUIREMENTS Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach ofthis Contract. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES Agency and Contractor acknowledge and agree that, absent the Federal Government's express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. Contractor agrees to include the above clause in each subcontract financed in whole or in port with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate. Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate. Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. State Notice Addendum The National Cooperative Purchasing Alliance {NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal {RFP) to result in a national contract. For your reference, the links below include some, but not all, of the entities included in this proposal: http:Uwww.usa.gov/Agencies/Local Government/Cities.shtml http:Unces. ed .gov /globa I locator I https:ljharvester.census.gov/imls/search/index.asp http:ljnccsweb.urban.org/PubApps/search.php http:ljwww.usa.gov/GovernmentOribai-Sites/index.shtml http:ljwww. usa .gov /Agencies/State-and-Territories.shtm I http:ljwww.nreca.coop/about-electric-cooperatives/member-directory/ https:ljsos.oregon .gov /bl u e-book/Pages/state.aspx https:ljportal.ehawaii.gov /government/ https://access. wa.gov /governmentagencies.html