Schneider Contract (FULL)

Transcription

TCPN
The Cooperative Purchasing Network
Request for Proposal (RFP) for Energy Performance Contracting Services
Solicitation Number 12-54
December 18, 2012
Schneider Electric Buildings Americas, Inc.
12121 Wickchester Lane, Suite 400A
Houston, TX 77079
www.schneider-electric.com/buildings
™
The Cooperative Purchasing Network (TCPN)
Request for Proposal (RFP)
Energy Performance Contracting Services
December 18,2012
Region 4 Education Service Center
7145 West Tidwell Road
Houston, Texas 77092
Re: Energy Performance Contracting Services
To Whom It May Concern,
This proposal is offered to the Request for Proposal (RFP) for Energy Performance Contracting Services.
All answers in the following response are accurate, and Schneider Electric understands that any
incomplete or inaccurate information may result in disqualification. Schneider Electric is ready, willing and
able to provide the services outlined in this RFP and will comply with all applicable laws, guidelines and
requirements.
Schneider Electric and its subsidiary, Summit Energy, combined currently hold three
contracts with Region 4 ESCrrCPN, and we look forward to extending our relationship with you into
Energy Performance Contracting.
Schneider Electric is pleased to offer Region 4 ESCrrCPN this proposal containing information that
demonstrates Schneider Electric's commitment to provide Region 4 ESCrrCPN members with quality
products and services that best satisfy their needs. The contact below can assist Region 4 ESCrrCPN
with contractual negotiations, administration and arranging presentations:
Vince Zubicek
Schneider Electric Sales Team Leader
Phone: (214) 649-8323
Fax: (972) 323-5412
Schneider Electric has made a long term commitment to working with clients nationwide by housing
offices across the US and implementing nearly 500 performance contracts all over America. Schneider
Electric is an industry leader in the energy performance contracting market, and we have built a strong
base that can provide excellent references and testimonials. Please call our references and be candid in
your questioning.
Schneider Electric is confident that we will offer a comprehensive solution that is the best match for your
. members' needs.
Through our market leadership and awareness of project opportunities, we feel
strongly that we are the best company to provide your members with project scope and financing options
that bring the most value. We also feel that our knowledge and experience in the industry with handling
all aspects of an energy efficiency project will set us apart from the competition.
We at Schneider Electric are eager to work with Region 4 ESCrrCPN in an energy efficiency capacity,
and we hope to use your positive experience with us as the cornerstone for a long-term relationship
between our organizations.
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Vince
Zubi k
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Schneider Electric Sales Team Leader
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Electric
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7145 West Tidwell Road ~ Houston, Texas 77092
(713) 744-8108
www.esc4.net
Publication Date: November 16, 2012
NOTICE TO OFFEROR
SUBMITTAL DEADLINE: Tuesday, December 18, 2012, 2:00 PM CDT
Questions regarding this solicitation must be submitted in writing to Robert
Zingelmann at [email protected] or (713)-744-6835 no later than (December 11,
2012).
All questions and answers will be posted to both www.esc4.net and
www.tcpn.org under Solicitations. Offerors are responsible for viewing either website
to review all questions and answers prior to submitting proposals. Please note that oral
communications concerning this RFP shall not be binding and shall in no way excuse
the responsive Offeror of the obligations set forth in this proposal.
by
___Region 4 Education Service Center (“ESC”)____
for
On behalf of itself, other government agencies and non-profits, made
available through The Cooperative Purchasing Network “TCPN.”
Note: Envelopes must be sealed, prominently marked with the RFP solicitation number,
RFP title, RFP opening time/date and name of vendor. Facsimile submissions of the
RFP will not be accepted. Submissions must be received by the Region 4 ESC office at:
7145 West Tidwell Road, Houston, TX 77092 no later than 2:00 pm CDT, at which time
and place they will be opened publicly and recorded.
Page 1 of 73
ATTENTION OFFERORS:
Submission of a proposal confers NO RIGHT on a
Offeror to an award or to a subsequent contract. Region
4 ESC, in its sole discretion and for any reason or no
reason, reserves the rights to reject any or all
proposals, accept only a part of any proposal, accept
the proposal deemed most advantageous to Region 4
ESC, and waive any technicalities. The issuance of this
RFP does not obligate Region 4 ESC to make an award
or negotiate or execute a contract. Region 4 ESC
reserves the right to amend the terms and provisions of
the RFP, negotiate with a proposer, add, delete, or
modify the contract and/or the terms of any proposal
submitted, extend the deadline for submission of
proposals, ask for best and final offers, or withdraw the
RFP entirely for any reason solely at Region 4 ESC’s
discretion. An individual proposal may be rejected if it
fails to meet any requirement of this RFP. Region 4 ESC
may seek clarification from a proposer at any time, and
failure to respond within a reasonable time frame is
cause for rejection of a proposal
Page 2 of 73
Please be advised that all information and documents
submitted will be subject to the Public Information Act
requirements governed by the State of Texas.
Because contracts are awarded by a governmental entity, all
responses submitted are subject to release as public information
after contracts are executed. If an Offeror believes that its
response, or parts of its response, may be exempted from
disclosure, the Offeror must specify page-by-page and line-by-line
the parts of the response, which it believes, are exempt. In
addition, the Offeror must specify which exception(s) are
applicable and provide detailed reasons to substantiate the
exception(s). Offeror must provide this information on the
“Acknowledgement and Acceptance to Region 4 ESC’s Open
Record Policy” form found on the next page of this solicitation. Any
information that is unmarked will be considered public information
and released, if requested under the Public Information Act.
The determination of whether information is confidential and not
subject to disclosure is the duty of the Office of Attorney General
(OAG). Region 4 Education Service Center (“ESC”) must provide
the OAG sufficient information to render an opinion and therefore,
vague and general claims to confidentiality by the Offeror are not
acceptable. Region 4 ESC must comply with the opinions of the
OAG. Region 4 ESC assumes no responsibility for asserting legal
arguments on behalf of any Offeror. Offerors 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.
After completion of award, these documents will be available for
public inspection.
Page 3 of 73
ACKNOWLEDGMENT AND ACCEPTANCE
OF Region 4 ESC’s OPEN RECORDS POLICY
Signature below certifies complete acceptance of Region 4 ESC’s Open Records
Policy, except as noted below (additional pages may be attached, if necessary).
Check one of the following responses to the Acknowledgment and Acceptance
of Region 4 ESC’s Open Records Policy below:
 We acknowledge Region 4 ESC’s Open Records Policy and declare that no
information submitted with this proposal, or any part of our proposal, is exempt from
disclosure under the Public Information Act.
(Note: All information believed to be a trade secret or proprietary must be listed
below. It is further understood that failure to identify such information, in strict
accordance with the instructions below, will result in that information being
considered public information and released, if requested under the Public
Information Act.)
 We declare the following information to be a trade secret or proprietary and
exempt from disclosure under the Public Information Act.
(Note: Offeror must specify page-by-page and line-by-line the parts of the
response, which it believes, are exempt. In addition, Offeror must specify which
exception(s) are applicable and provide detailed reasons to substantiate the
exception(s).
Date
Authorized Signature & Title
Page 4 of 73
TABLE OF CONTENTS
A.
Introduction…………………………………………………………...p. 6
B.
Scope……………………………………………………………….…p. 7
C.
Definitions…………………………………………………................p. 7
D.
General Terms and Instructions to Offerors……………………… p. 8
• Evaluation Criteria…………………………………………………… p. 12
E.
Appendix A: Vendor Contract Form………………………. ……… p.15
• Signature Page……………………………………………………… p. 25
F.
Appendix B: Product/Services Specifications……………………. p. 26
•
•
Special Terms & Conditions
Specifications
G.
Appendix C: Pricing…………………………………………………. p. 37
H.
Appendix D: General Terms & Conditions Acceptance Form…...p. 38
I.
Appendix E: Vendor Questionnaire……………………………….. p. 42
J.
Appendix F: Company Profile……………………………………… p. 45
•
References
K.
Appendix G: Value Add…………………………………………….. p. 48
L.
Appendix H: Additional Required Documents…………………….p. 49
•
•
•
•
Clean Air and Water Act
Debarment Notice
Lobbying Certification
Vendor/Contractor Requirements
1. Contractor’s Employment Eligibility
2. Fingerprint & Background Checks
3. Business Operations in Sudan, Iran
•
•
Antitrust Certification Statement
Specific State Requirements
M.
Appendix I: Evaluation Questionnaire/Self-Checklist……….……..p. 67
N.
Appendix J: State Notice……………………………………….……..p. 69
Page 5 of 73
A. INTRODUCTION
I.
Background on Region 4 Education Service Center
Region 4 Education Service Center (“Region 4 ESC” herein “Lead Public Agency”) on behalf of
itself and all state, local governments, school districts, and higher education institutions in the
United States of America, and other government agencies and non-profit organizations (herein
“Participating Agencies”) solicits proposals from qualified offerors to enter into a Vendor Contract
(“contract”) for the goods or services solicited in this proposal.
Contracts are approved and awarded by a single governmental entity, Region 4 ESC, and are
only available for use and benefit of all entities complying with state procurement laws and
regulations (public and private schools, colleges and universities, cities, counties, non-profits,
and all governmental entities).
Region 4 ESC’s purchasing cooperative was established in 1997 as a means to increase their
economic and operational efficiency. The purchasing cooperative has since evolved into a
National Cooperative used to assist other government and public entities increase their
economical and operational efficiency when procuring goods and services.
II.
What is the role of The Cooperative Purchasing Network (“TCPN”)
The Cooperative Purchasing Network (“TCPN”) assists Region 4 ESC in helping other public
agencies and non-profits reap the benefits of national leveraged pricing, with no cost to the
member. TCPN leverages one of the largest pools of purchasing potential. This is accomplished
by competitively soliciting bids and awarding contracts for commonly purchased products and
services. Through the TCPN bid solicitation process, Region 4 ESC awards contracts covering
Facilities, Furniture, Office Supplies & Equipment, Security Systems, and Technology and other
goods and services industries.
III.
Purpose of TCPN
•
•
•
•
•
•
IV.
Provide governmental and public entities opportunities for greater efficiency and economy in
procuring goods and services.
Take advantage of state-of-the-art purchasing procedures to ensure the most competitive
contracts.
Provide competitive price and bulk purchasing for multiple government or public entities that
yields economic benefits unobtainable by the individual entity.
Provide quick and efficient delivery of goods and services.
Equalize purchasing power for smaller agencies that are unable to command the best
contracts for themselves.
Help in assisting with use of best business practices.
Customer Service
•
•
•
TCPN is dedicated to making our contracts successful for both our members and our
awarded vendors.
TCPN is committed to providing our members and awarded vendors with high quality
service.
TCPN has dedicated staff available to answer questions, offer guidance and help in any way
possible.
Page 6 of 73
B. SCOPE
It is the intention of Region 4 ESC to establish a contract with vendor(s) for Energy Performance
Contracting Services. Awarded vendor(s) shall perform covered services under the terms of this
agreement. Offerors shall provide pricing based on a discount from a manufacturer’s price list or
catalog, or fixed price, or a combination of both with indefinite quantities. Electronic Catalog
and/or price lists must accompany the proposal. Include an electronic copy of the catalog from
which discount, or fixed price, is calculated. Multiple percentage discount structure is also
acceptable. Please specify where different percentage discounts apply. Additional pricing and/or
discounts may be included. If Offeror has existing cooperative contracts in place, Offeror is
requested to submit pricing equal or better than those in place.
Each service proposed is to be priced separately with all ineligible items identified. Services may
be awarded to multiple vendors. Offerors may elect to limit their proposals to a single service
within any category, or multiple services within any or all categories.
Region 4 ESC is seeking a service provider that has the depth, breadth and quality of resources
necessary to complete all phases of this contract. In addition, TCPN also requests any value add
commodity or service that could be provided under this contract.
While this solicitation specifically covers Energy Performance Contracting Services, respondents
are encouraged to submit an offering on any and all products or services available that they
currently perform in their normal course of business.
C. KEY DEFINITIONS
Days: means calendar days
Lead agency: means the government entity advertising, soliciting, evaluating and awarding the
contract. This definition also includes a public agency that meets the definition of a political
subdivision, including a county, city, school district, state, public higher education or special district.
Procurement: means buying, purchasing, renting, leasing or otherwise acquiring any materials,
services or construction. Procurement also includes all functions that pertain to the obtaining of
any material, service, or construction, including description of requirements, selection and
solicitation of sources, preparation and award of contract and all phases of contract
administration.
Responsive Offeror: means a person, company, firm, corporation, partnership or other
organization who submits a proposal which conforms in all material respects to the invitation for
bids or request for proposals.
Solicitation: means an invitation for bids, a request for technical offers, a request for proposals,
a request for quotations or any other invitation or request by which we invite a person to
participate in a procurement.
Specifications: means any description of physical or functional characteristics, or of the nature
of a material, service or construction of item. Specifications may include a description or any
requirement for inspecting, testing or preparing a material, service or construction item for
delivery.
Vendor: means any provider or seller of goods and/or services that has a contractual
relationship with Region 4 or TCPN.
Page 7 of 73
D. General Terms and Instructions to Offerors
I.
Submission of Response: Unless otherwise specified in the solicitation, all submitted proposals
must contain one (1) bound and signed original copy of the solicitation, and two (2) electronic
copies on CD, DVD or flash drives (i.e. pin or jump drives) shall be provided. Please see format
requirements below. Vendor must also submit one (1) electronic proposal free of propriety
information to be posted on Vendor information page if awarded a contract.
Only sealed responses will be accepted. Faxed or electronically transmitted responses will not
be accepted. Sealed responses may be submitted on any or all items, unless stated otherwise.
Proposal may be rejected for failure to comply with the requirements set forth in this proposal.
Deviations from any terms, conditions and/or specifications must be conspicuously noted in
writing by the Offeror and shall be included with the response. (See Appendix D).
II.
Proposal Format: Responses must be provided in a three-ring binder or report cover using 8.5 x
11 paper clearly identified with the name of the Offeror’s company and the solicitation name and
number on both the outside front cover and vertical spine. All forms are to be completed
electronically.
Include a copy of all solicitation pages before section needing tabulation in response. Tabs
should be used to separate the proposal into sections, as identified below. Offerors failing to
organize in the manner listed may be considered non-responsive and may not be evaluated.
III.
Binder Tabs
Tab 1 - Vendor Contract and Signature Form
Tab 2 - Questionnaire
Tab 3 - Company Profile
Tab 4 - Evaluation Criteria Questionnaire
Tab 5 - Product / Services
Tab 6 - References
Tab 7 - Pricing
Tab 8 - Value Add
Tab 9 - Required Documents
IV.
Mailing of Proposals: All bids and proposals submitted in response to the solicitation must be
clearly identified as listed below with the solicitation number, title, name and address of the
company responding. All packages must be clearly identified as listed below, sealed and
delivered to the Region 4 ESC office no later than the submittal deadline assigned for this
solicitation.
From_____________________________________________________
Company__________________________________________________
Address___________________________________________________
City, State, Zip _____________________________________________
Solicitation Name and Number ___________Due Date and Time______
V.
Time for Receiving Proposals: Proposals received prior to the submittal deadline will be kept
secure and unopened. No proposals received after the submittal time and deadline will be
considered. Late proposals will be returned to sender unopened.
VI.
Inquiries and/or Discrepancies: Questions regarding this solicitation must be submitted in
writing to Robert Zingelmann at [email protected] or (713)-744-6835 no later than December
Page 8 of 73
11, 2012. All questions and answers will be posted to both www.esc4.net and www.tcpn.org
under Solicitations. Offerors are responsible for viewing either website to review all questions
and answers prior to submitting proposals. Please note that oral communications concerning this
RFP shall not be binding and shall in no way excuse the responsive Offeror of the obligations set
forth in this proposal.
VII. Restricted and Prohibited Communications with Region 4 ESC: During the period between the
date Region 4 ESC issues this RFP and the selection of the vendor who is awarded a contract by Region
4 ESC, if any, Offerors shall restrict all contact with Region 4 ESC and direct all questions regarding this
RFP, including questions regarding terms and conditions, only to the individual identified above in Section
“Inquiries and/or Discrepancies” in the specified manner. Do not contact members of the Board of
Directors, other employees of Region 4 ESC or any of Region 4 ESC’s agents or
administrators. Contact with any of these prohibited individuals after issuance of this
RFP and before selection is made, may result in disqualification of the offeror.
The communications prohibition shall terminate when the contract is recommended by the
administration, considered by the Board of Directors at a noticed public meeting, and a contract
has been awarded. In the event the Board of Directors refers the recommendation back to staff
for reconsideration, the communications prohibition shall be re-imposed. Additionally, during the
time period between the award by the Board of Directors and the execution of the contract,
Offerors shall not engage in any prohibited communications as described in this section.
Prohibited communications includes direct contact, discussion, or promotion of any offeror’s
response with any member of Region 4 ESC’s Board of Directors or employees except for
communications with Region 4 ESC’s designated representative as set forth in this RFP and only
in the course of inquiries, briefings, interviews, or presentations. This prohibition is intended to
create a level playing field for all potential Offerors, assure that decisions are made in public, and
to protect the integrity of the RFP process. Except as provided in the above stated exceptions,
the following communications regarding a particular invitation for bids, requests for proposal,
requests for qualifications, or other solicitation are prohibited:
•
Communications between a potential vendor, service provider, bidder, offeror, lobbyist or
consultant and any member of Region 4 ESC’s Board of Directors;
•
Communications between any director and any member of a selection or evaluation
committee; and
•
Communications between any director and administrator or employee.
The communications prohibition shall not apply to the following:
•
Communications with Region 4 ESC’s purchasing agent specifically named and
authorized to conduct and receive such communications under this RFP or upon the
request of Region 4 ESC, with Region 4 ESC’s legal counsel; and
•
Presentations made to the Board of Directors during any duly noticed public meeting.
Nothing contained herein shall prohibit any person or entity from publicly addressing Region 4
ESC’s Board of Directors during any duly noticed public meeting, in accordance with applicable
Board policies, on a matter other than this RFP or in connection with a presentation requested by
Region 4 ESC’s representatives.
Page 9 of 73
VIII.
Calendar of Events (subject to change):
Event
Issue RFP
Pre-proposal Conference
Deadline for receipt of questions via email
Issue Addendum/a (if required)
Proposal Due Date
Approval from Region 4 ESC
Contract Effective Date
Date:
November 16, 2012
None
December 11, 2012
To Be Determined
December 18, 2012
To Be Determined
To Be Determined
CONDITIONS OF SUBMITTING PROPOSALS
IX.
Amendment of Proposal: A proposal may be amended up to the time of opening by submitting
a sealed letter to the location indicated on the front page of this solicitation.
X.
Withdrawal of Proposals: Withdrawal of proposals prior to the opening date will be permitted.
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. However, consideration may be given in cases
where Offeror advises that it made a clerical error that is substantially lower than it intended. In
such case, Offeror must provide written notice of their desire to withdraw, along with supporting
documents, within 3 business days of receiving the acceptance letter or of being requested by
Region 4 ESC for clarification of the proposal, whichever is later. Any contracts entered into prior
to Region 4 ESC receiving notice must be honored.
No Offeror should assume that their withdrawal request has been accepted unless, and until,
they receive written acknowledgment and acceptance of their proposal withdrawal.
XI.
Clarifications: Offeror may receive a written request to clarify, in writing, its proposal in order to
determine whether a proposal should be considered for award. The process of clarification is not
an opportunity for an Offeror to revise or modify its proposal, and any response by an Offeror to
a written request for clarification that attempts to revise or modify its proposal shall be given no
effect. The purpose of the request for clarification will be solely made for the purpose of
eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal, which
may be corrected or waived in the leading agency’s sole discretion.
XII.
Non-Responsive Proposals: All proposals will be reviewed for responsiveness to the material
requirements of the solicitation. A proposal that is not materially responsive shall not be eligible
for further consideration for award of the contract, and the Offeror shall receive notice of the
rejection of its proposal.
XIII.
Negotiations: Region 4 ESC shall determine which responsive proposals are in the competitive
range and/or are reasonably susceptible of being selected for award. Proposals not in the
competitive range may not be further evaluated. Proposals in the competitive range shall be
evaluated on the basis of price and the other evaluation criteria set forth in the solicitation. In the
event that Region 4 ESC decides to conduct negotiations, notice shall be provided to each
Offeror whose proposal is being considered for award, which notice may identify, in general
terms, the elements or factors upon which Region 4 ESC intends to base its negotiations.
Offerors will not be assisted, in any way, to bring their proposal up to the level of other proposals
through discussions. During the course of negotiations, no Offeror’s technical proposal or pricing
shall be revealed to any other Offeror or to any other person who is not involved with the
evaluation process. Region 4 ESC will also not indicate to Offeror a cost or price that it must
Page 10 of 73
meet to either obtain further consideration nor will it provide any information about other Offerors’
proposals or prices.
XIV.
Best and Final Offer: Region 4 ESC, in its sole discretion, may request all Offerors in the
competitive range to submit a Best and Final Offer. Offerors must submit their Best and Final
Offers in writing. If an Offeror does not respond to the request for a Best and Final Offer, that
Offeror’s most recent prior offer will be considered to be its Best and Final Offer.
XV.
Specifications: When a solicitation contains a specification that states no substitutions, no
deviation from this requirement will be permitted. Offeror must comply with the true intent of the
specifications and drawings and not take advantage of any unintentional error or omission. In
cases where no type and kind of product is specified, specifications have been developed to
indicate minimal standards as to the usage, materials, and contents based on the needs of the
members.
References to manufacturer’s specifications (Design Guides), when used by Region 4 ESC, are
to be considered informative to give the Offeror information as to the general style, type and kind
requested. Responses proposing goods, materials or equipment regularly produced by a
reputable manufacturer shall be evaluated by Region 4 ESC which will, in its sole discretion,
determine whether such proposed goods, materials or equipment are substantially equivalent to
the Design Guides, considering quality, workmanship, economy of operation, and suitability for
the purpose intended. Offerors should include all documentation required to evaluate whether or
not their proposed goods, materials or equipment are substantially equivalent to the Design
Guides.
XVI.
Quality of Materials or Services: Offeror shall state the brand name and number of the
materials being provided. If none is indicated then it is understood that the offeror is quoting on
the exact brand name and number specified or mentioned in the solicitation.
However, unless specifically stated otherwise, comparable substitutions will be permitted in
cases where the material is equal to that specified, considering quality, workmanship, economy
of operation and suitability for the purpose intended.
XVII.
Samples: Upon request, samples shall be furnished, free of cost, within seven (7) days after
receiving notice of such request. By submitting the proposal Offeror certifies that all materials
conform to all applicable requirements of this solicitation and of those required by law. Offeror
agrees to bear the costs for laboratory testing, if results show that the sample does not comply
with solicitation requirements.
Submissions may be rejected for failing to submit samples as requested.
XVIII.
Deviations and Exceptions: Deviations or exceptions stipulated in response may result in
disqualification. It is the intent of Region 4 ESC to award a manufacturer’s complete line of
products, when possible.
XIX.
Formation of Contract: A response to this solicitation is an offer to contract with Region 4 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 awarded by Region 4 ESC. A contract is formed
when Region 4 ESC’s board signs the Vendor Contract Signature Form. The prospective vendor
must submit a signed Vendor Signature Form with the response thus, eliminating the need for a
formal signing process.
Page 11 of 73
XX.
Estimated Quantities: Region 4 ESC anticipates that a substantial number of participating
members will enter into contracts resulting from this solicitation based on multiple surveys and
usage of other contracts that may have included similar services, however, Region 4 ESC makes
no guarantee or commitment of any kind concerning quantities or usage of contracts resulting
from this solicitation. The volume for this contract is estimated to be from $2 million a year to $10
million a year. This information is provided solely as an aid to contract vendors in preparing bids
only. The successful Vendor(s) discount and pricing schedule shall apply regardless of the
volume of business under the contract.
XXI. Multiple Awards: membership includes a large number of potential entities which may utilize
this contract throughout the nation. In order to assure that any ensuing contract(s) will allow
Region 4 ESC to fulfill current and future needs, Region 4 ESC reserves the right to award
contract(s) to multiple vendors. The decision to award multiple contracts, award only one
contract, or to make no awards rests solely with Region 4 ESC.
XXII.
Non-Exclusive: Any contract resulting from this solicitation shall be awarded with the
understanding and agreement that it is for to sole convenience and benefit of participating
members. Region 4 ESC and participating entities reserve the right to obtain like goods and
services from other sources.
AWARD PROCESS
XXIII.
Award or Rejection of Proposals: In accordance with applicable laws, rules, and regulations
for public purchasing, award(s) will be made to the prospective vendor whose response is
determined to be the most advantageous to participating agencies, price and other factors
considered. Region 4 ESC reserves the right to use a “Market Basket Survey” method, based on
randomly selected criteria to determine the most advantageous response. To qualify for
evaluation, a proposal must have been submitted on time, and satisfy all mandatory
requirements identified in this solicitation. Proposals that are materially non-responsive will be
rejected and the Offeror will be provided notice of such rejection.
XXIV.
Evaluation Process: In evaluating the responses the following predetermined criteria is
considered:
1.
2.
3.
4.
5.
6.
Products/Pricing (40 Points)
All products and services available
Pricing for all available products and services
Pricing for warranties on all products and services
Ability of Customers to verify that they received contract pricing
Payment methods
Other factors relevant to this section as submitted by the proposer
1.
2.
3.
4.
5.
6.
7.
8.
Performance Capability (30 Points)
Ability to deliver products and services nationally
Response to emergency orders
Average Fill Rate
Average on time delivery rate
Shipping charges
Return and restocking policy and applicable fees
History of meeting the shipping and delivery timelines
Ability to meet service and warranty needs of members
Page 12 of 73
9.
10.
11.
12.
13.
14.
15.
16.
Customer service/problem resolution
Invoicing process
Contract implementation/Customer transition
Financial condition of vendor
Website ease of use, availability, and capabilities related to ordering, returns and reporting
Offeror’s safety record
Instructional materials
Other factors relevant to this section as submitted by the proposer
Qualification and Experience (20 Points)
Offeror’s reputation in the marketplace
Reputation of products and services in the marketplace
Past relationship with Region 4 ESC and/or TCPN members
Experience and qualification of key employees
Location and number of sales persons who will work on this contract
Past experience working with the government sector
Exhibited understanding of cooperative purchasing
Past litigation, bankruptcy, reorganization, state investigations of entity or current officers and
directors
9. Minimum of 5 customer references relating to the products and services within this RFP
10. Other factors relevant to this section as submitted by the proposer
1.
2.
3.
4.
5.
6.
7.
8.
Value Add (10 Points)
1. Marketing plan and capability
2. Sales force training
3. Other factors relevant to this section as submitted by the proposer
XXV. Competitive Range: It may be necessary to establish a competitive range. Factors from the
predetermined criteria will be used to make this determination. Responses not in the competitive
range are unacceptable and do not receive further award consideration.
XXVI.
Evaluation: A committee will review and evaluate all responses and make a recommendation for
award of contract(s). The recommendation for contract awards will be based on the
predetermined criteria factors outlined in this solicitation, where each factor is assigned a point
value based on its importance.
XXVII.
Past Performance: An Offeror’s performance and actions under previously awarded contracts
are relevant in determining whether or not the Offeror is likely to provide quality goods and
services to TCPN members; including the administrative aspects of performance; the Offeror’s
history of reasonable and cooperative behavior and commitment to customer satisfaction; and
generally, the Offeror’s businesslike concern for the interests of the customer.
OPEN RECORDS POLICY
XXVIII.
Proprietary Information: Because contracts are awarded by a governmental entity, all
responses submitted are subject to release as public information after contracts are executed. If
an Offeror believes that its response, or parts of its response, may be exempted from disclosure,
the Offeror must specify page-by-page and line-by-line the parts of the response, which it
believes, are exempt. In addition, the Offeror must specify which exception(s) are applicable and
provide detailed reasons to substantiate the exception(s). Offeror must provide this information
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on the “Acknowledge and Acceptance to Region 4 ESC’s Open Record Policy” form found at the
beginning of this solicitation. Any information that is unmarked will be considered public
information and released, if requested under the Public Information Act.
The determination of whether information is confidential and not subject to disclosure is the duty
of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient
information to render an opinion and therefore, vague and general claims to confidentiality by the
Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4
ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror. Offeror is
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.
After completion of award, these documents will be available for public inspection.
PROTEST OF NON-AWARD
XXIX.
Protest Procedure: Any 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
CDT. No protest shall lie for a claim that the selected Vendor is not a responsible Offeror.
Protests shall be filed with Robert Zingelmann and sent to the Region 4 ESC office at: 7145
West Tidwell Road, Houston, TX 77092. Protests shall include the following:
1.
2.
3.
4.
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.
5. Any protest review and action shall be considered final with no further formalities being
considered.
LIMITATION OF LIABILITY
XXX.
Waiver: BY SUBMITTING A PROPOSAL, OFFER EXPRESSLY AGREES TO WAIVE
ANY CLAIM IT HAS OR MAY HAVE AGAINST BOTH THE COOPERATIVE
PURCHASING NETWORK AND REGION 4 EDUCATION SERVICE CENTER, ITS
DIRECTORS, OFFICERS, ITS TRUSTEES, OR AGENTS ARISING OUT OF OR IN
CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION, RECOMMENDATION
OF ANY PROPOSAL; (2) ANY REQUIREMENTS UNDER THE SOLICITATION,
PROPOSAL PACKAGE, OR RELATED DOCUMENTS; (3) THE REJECTION OF ANY
PROPOSAL OR ANY PART OF ANY PROPOSAL; AND/OR (4) THE AWARD OF A
CONTRACT, IF ANY.
XXXI.
NEITHER REGION 4 ESC NOR TCPN SHALL BE RESPONSIBLE OR LIABLE FOR
ANY COSTS INCURRED BY PROPOSERS OR THE SELECTED VENDOR IN
CONNECTION WITH RESPONDING TO THE RFP, PREPARING FOR ORAL
PRESENTATIONS, PREPARING AND SUBMITTING A PROPOSAL, ENTERING OR
NEGOTIATING THE TERMS OF A CONTRACT, OR ANY OTHER EXPENSES
INCURRED BY A PROPOSER. THE PROPOSER OR SELECTED VENDOR IS
WHOLLY RESPONSIBLE FOR ANY SUCH COSTS AND EXPENSES AND SHALL NOT
BE REIMBURSED IN ANY MANNER BY REGION 4 ESC.
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APPENDIX A
VENDOR CONTRACT AND SIGNATURE FORM
This Vendor Contract and Signature Form (“Contract”) is made as of __________, by and
between
(“Vendor”) and Region 4
Education Service Center (“Region 4 ESC”) for the purchase of Energy Performance
Contracting Services (“the products and services”).
RECITALS
WHEREAS, both parties agree and understand that the following pages will constitute the
contract between the successful vendor(s) and Region 4 ESC, having its principal place of
business at 7145 West Tidwell Road, Houston, TX 77092.
WHEREAS, Vendor agrees to include, in writing, any required exceptions or deviations from
these terms, conditions, and specifications; and it is further understood that, if agreed to by
Region 4 ESC, said exceptions or deviations will be incorporated into the final contract “Vendor
Contract.”
WHEREAS, this contract consists of the provisions set forth below, including provisions of all
attachments referenced herein. In the event of a conflict between the provisions set forth below
and those contained in any attachment, the provisions set forth below shall control.
WHEREAS, the Vendor Contract will provide that any state, county, special district, local
government, school district, private K-12 school, technical or vocational school, higher education
institution (including community colleges, colleges and universities, both public and private),
other government agencies or non-profit organization may purchase products and services at
prices indicated in the Vendor Contract upon registering and becoming a member with TCPN;
and it being further understood that Region 4 ESC shall act as the Lead Public Agency with
respect to all such purchase agreements.
WHEREAS, TCPN has the administrative and legal capacity to administer purchases on behalf
of Region 4 ESC under the Vendor Contract with participating public agencies and entities, as
permitted by applicable law.
ARTICLE 1- GENERAL TERMS AND CONDITIONS
1.1 TCPN shall be afforded all of the rights, privileges and indemnifications afforded to Region 4
ESC under the Vendor Contract, and such rights, privileges and indemnifications shall accrue
and apply with equal effect to TCPN, including, without limitation, Vendors obligation to provide
insurance and other indemnifications to Lead Public Agency.
1.2 Awarded vendor shall perform all duties, responsibilities and obligations, set forth in this
agreement, and required under the Vendor Contract.
1.3 TCPN shall perform its duties, responsibilities and obligations as administrator of purchases, set
forth in this agreement, and required under the Vendor Contract.
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1.4 Purchasing procedure:
•
Purchase orders are issued by participating governmental agencies to the awarded vendor
indicating on the PO “Per TCPN Contract.”
•
Vendor delivers goods/services directly to the participating agency.
•
Awarded vendor invoices the participating agency directly.
•
Awarded vendor receives payment directly from the participating agency.
•
Awarded vendor reports sales monthly to TCPN.
1.5 Customer Support: The vendor shall provide timely and accurate technical advice and sales
support to Region 4 ESC staff, TCPN staff and participating agencies. The vendor shall respond
to such requests within one (1) working day after receipt of the request.
ARTICLE 2- ANTICIPATED TERM OF AGREEMENT
2.1 Unless otherwise stated, all contracts are for a period of one (1) year with an option to renew
annually for an additional four (4) years if agreed to by Region 4 ESC. Region 4 ESC will notify
the vendor in writing if the contract is extended. Awarded vendor shall honor all administrative
fees for any sales made based on the contact whether renewed or not.
2.2 Region 4 ESC shall review the contract prior to the renewal date and notify the current awarded
vendor, no less than ninety (90) days of Region 4 ESC’s intent renew the contract. Upon receipt
of notice, awarded vendor must notify Region 4 ESC if it elects not to renew. Awarded vendor
shall honor the administrative fee for any sales incurred throughout the life of the contract on any
sales made based on a Region 4 ESC contract whether awarded a renewal or not. Region 4
ESC reserves the right to exercise each two-year extension annually.
ARTICLE 3- REPRESENTATIONS AND COVENANTS
3.1. Scope: This contract is based on the need to provide the economic benefits of volume
purchasing and reduction in administrative costs through cooperative purchasing to schools and
other members. Although contractors may restrict sales to certain public units (for example, state
agencies or local government units), any contract that prohibits sales from being made to public
school districts may not be considered. Sales without restriction to any Members are preferred.
3.2. Compliance: Cooperative Purchasing Agreements between TCPN and its Members have been
established under state procurement law.
3.3. Offeror’s Promise: Offeror agrees all prices, terms, warranties, and benefits granted by Offeror
to Members through this contract are comparable to or better than the equivalent terms offered
by Offeror to any present customer meeting the same qualifications or requirements.
ARTICLE 4- FORMATION OF CONTRACT
4.1. Offeror Contract Documents: Region 4 ESC will review proposed offeror contract documents.
Vendor’s contract document shall not become part of Region 4 ESC’s contract with vendor
unless and until an authorized representative of Region 4 ESC reviews and approves it.
4.2. Form of Contract: The form of contract for this solicitation shall be the Request for Proposal, the
awarded proposal(s) and best and final offer(s), and properly issued and reviewed purchase
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orders referencing the requirements of the Request for Proposals. If a firm submitting an offer
requires Region 4 ESC and/or Member to sign an additional agreement, a copy of the proposed
agreement must be included with the proposal.
4.3. Entire Agreement (Parol evidence): The contract, as specified above, represents the final
written expression of agreement. All agreements are contained herein and no other agreements
or representations that materially alter it are acceptable.
4.4. Assignment of Contract: No assignment of contract may be made without the prior written
approval of Region 4 ESC. Purchase orders and payment can only be made to awarded vendor
unless otherwise approved by Region 4 ESC. Awarded vendor is required to notify Region 4
ESC when any material change in operations is made that may adversely affect members, (i.e.
bankruptcy, change of ownership, merger, etc.)
4.5. Novation: If contractor sells or transfers all assets or the entire portion of the assets used to
perform this contract, a successor in interest must guarantee to perform all obligations under this
contract. Region 4 ESC reserves the right to accept or reject any new party. A simple change of
name agreement will not change the contractual obligations of contractor.
4.6. Contract Alterations: No alterations to the terms of this contract shall be valid or binding unless
authorized and signed by a Region 4 ESC staff member.
4.7. Order of Precedence: In the event of a conflict in the provisions of the contract as accepted by
Region 4 ESC, the following order of precedence shall prevail:
•
•
•
•
•
Special terms and conditions
General terms and conditions
Specifications and scope of work
Attachments and exhibits
Documents referenced or included in the solicitation
4.8 Supplemental Agreements: The entity participating in the Region 4 ESC 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. Neither
Region 4 ESC, TCPN, its agents, members and employees shall be made party to any claim for
breach of such agreement.
ARTICLE 5- TERMINATION OF CONTRACT
5.1. Cancellation for Non-Performance or Contractor Deficiency: Region 4 ESC may terminate
any contract if Members have not used the contract, or if purchase volume is determined to be
low volume in any 12-month period. Region 4 ESC reserves the right to cancel the whole or any
part of this contract due to failure by contractor to carry out any obligation, term or condition of
the contract. Region 4 ESC may issue a written deficiency notice to contractor for acting or
failing to act in any of the following:
i.
ii.
iii.
Providing material that does not meet the specifications of the contract;
Providing work and/or material that was not awarded under the contract;
Failing to adequately perform the services set forth in the scope of work and
specifications;
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iv.
v.
vi.
Failing to complete required work or furnish required materials within a reasonable
amount of time;
Failing to make progress in performance of the contract and/or giving Region 4 ESC
reason to believe that contractor will not or cannot perform the requirements of the
contract; and/or
Performing work or providing services under the contract prior to receiving a Region 4
ESC reviewed purchase order for such work.
Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a
satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may
result in contract cancellation. Upon cancellation under this paragraph, all goods, materials,
work, documents, data and reports prepared by contractor under the contract shall become the
property of the Member on demand.
5.2
Termination for Cause: If, for any reason, the Vendor fails to fulfill its obligation in a timely
manner, or if the vendor violates any of the covenants, agreements, or stipulations of this
contract Region 4 ESC reserves the right to terminate the contract immediately and pursue all
other applicable remedies afforded by law. Such termination shall be effective by delivery of
notice, to the vendor, specifying the effective date of termination. In such event, all documents,
data, studies, surveys, drawings, maps, models and reports prepared by vendor for this
solicitation may become the property of the participating agency or entity. If such event does
occur then vendor will be entitled to receive just and equitable compensation for the satisfactory
work completed on such documents.
5.3
Delivery/Service Failures: Failure to deliver goods or services within the time specified, or
within a reasonable time period as interpreted by the purchasing agent or failure to make
replacements or corrections of rejected articles/services when so requested shall constitute
grounds for the contract to be terminated. In the event that the participating agency or entity must
purchase in an open market, contractor agrees to reimburse the participating agency or entity,
within a reasonable time period, for all expenses incurred.
5.4 Force Majeure: 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.
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 the State of Texas 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.
5.5 Standard Cancellation: 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
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final purchase order. Vendor may be requested to provide additional items not already on
contract at any time.
ARTICLE 6- LICENSES
6.1 Duty to keep current license: Vendor shall maintain in current status all federal, state and local
licenses, bonds and permits required for the operation of the business conducted by vendor.
Vendor shall remain fully informed of and in compliance with all ordinances and regulations
pertaining to the lawful provision of services under the contract. Region 4 ESC reserves the right
to stop work and/or cancel the contract of any vendor whose license(s) expire, lapse, are
suspended or terminated.
6.2 Survival Clause: All applicable software license agreements, warranties or service agreements
that were entered into between Vendor and Customer under the terms and conditions of the
Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued
and accepted by Order Fulfiller shall survive expiration or termination of the Contract.
ARTICLE 7- DELIVERY PROVISIONS
7.2 Delivery: Vendor shall deliver said materials purchased on this contract to the Member issuing a
Purchase Order. Conforming product shall be shipped within 7 days of receipt of Purchase
Order. If delivery is not or cannot be made within this time period the vendor must receive
authorization from the purchasing agency for the delayed delivery. At this point the participating
entity may cancel the order if estimated shipping time is not acceptable.
7.1 Inspection & Acceptance: If defective or incorrect material is delivered, purchasing agency may
make the determination to return the material to the vendor at no cost to the purchasing agency.
The vendor agrees to pay all shipping costs for the return shipment. Vendor shall be responsible
for arranging the return of the defective or incorrect material.
ARTICLE 8- BILLING AND REPORTING
8.1 Payments: The entity using the contract will make payments directly to the awarded vendor.
Payment shall be made after satisfactory performance, in accordance with all provisions thereof,
and upon receipt of a properly completed invoice.
8.2 Invoices: The awarded vendor shall submit invoices to the participating entity clearly stating “Per
TCPN Contract”. The shipment tracking number or pertinent information for verification shall be
made available upon request.
8.3 Tax Exempt Status: Since this is a national contract, knowing the tax laws in each state is the
sole responsibility of the vendor.
8.4 Reporting: The awarded vendor shall electronically provide TCPN with a detailed monthly report
showing the dollar volume of all sales under the contract for the previous month. Reports shall
be sent via e-mail to TCPN offices at [email protected]. Reports are due on the fifteenth
(15th) day after the close of the previous month. It is the responsibility of the awarded vendor to
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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:
Vendor Name
TCPN Report
Month of _____________
Entity Name
Zip Code
State
PO or Job#
Sale Amount
Total
ARTICLE 9- PRICING
9.1 Best price guarantee: The awarded vendor agrees to provide pricing to Region 4 ESC and its
participating entities that are the lowest pricing available and the pricing shall remain so
throughout the duration of the contract. The awarded vendor agrees to lower the cost of any
product purchased through TCPN following a reduction in the manufacturer or publisher's direct
cost.
9.2 Price increase: Should it become necessary or proper during the term of this contract to make
any change in design or any alterations that will increase expense Region 4 ESC must be
notified immediately. Price increases must be approved by Region 4 ESC and no payment for
additional materials or services, beyond the amount stipulated in the contract, shall be paid
without prior approval. All price increases must be supported by manufacture documentation, or
a formal cost justification letter.
Awarded vendor must honor previous prices for thirty (30) days after approval and written
notification from Region 4 ESC if requested.
It is the awarded vendor’s responsibility to keep all pricing up to date and on file with Region 4
ESC. All price changes must be provided to Region 4 ESC, using the same format as was
accepted in the original contract.
9.3 Additional Charges: All deliveries shall be freight prepaid, F.O.B. destination and shall be
included in all pricing offered unless otherwise clearly stated in writing.
9.4 Price reduction and adjustment: Price reduction may be offered at any time during contract
and shall become effective upon notice of acceptance from Region 4 ESC. Special, time-limited
reductions are permissible under the following conditions: 1) reduction is available to all
Members equally; 2) reduction is for a specific time period, normally not less than thirty (30)
days; 3) original price is not exceeded after the time-limit; and 4) Region 4 ESC has approved
the new prices prior to any offer of the prices to a Member. Vendor shall offer Region 4 ESC any
published price reduction during the contract period.
9.5 Prevailing Wage: 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 (Region 4 ESC or its
Members). 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.
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9.6 Administrative Fees: All pricing submitted to Region 4 ESC shall include the administrative fee
to be remitted to TCPN by the awarded vendor.
The awarded vendor agrees to pay administrative fees to TCPN as calculated as follows: (Sales
will be calculated for fiscal year of January 1st through December 31st and reset each year)
Cumulative Annual Sales
Administrative Fee
$0 - $4,000,000
4%
$4,000,001 - $10,000,000
3%
$10,000,001 - $25,000,000
2%
Above $25,000,000
1.5%
ARTICLE 10- PRICING AUDIT
10.1 Audit rights: Vendor shall, at Vendor’s sole expense, maintain appropriate due diligence of all
purchases made by Region 4 ESC and any entity that utilizes this Agreement. TCPN and Region
4 ESC each reserve the right to audit the accounting for a period of three (3) years from the time
such purchases are made. This audit right shall survive termination of this Agreement for a
period of one (1) year from the effective date of termination. In the State of New Jersey, this audit
right shall survive termination of this Agreement for a period of five (5) years from the date of
final payment. Such records shall be made available to the New Jersey Office of the State
Comptroller upon request. Region 4 ESC shall have the authority to conduct random audits of
Vendor’s pricing that is offered to eligible entities at Region 4 ESC's sole cost and expense.
Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing
being offered to eligible agencies that is materially inconsistent with the pricing under this
agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Vendor’s pricing
at Vendor’s sole cost and expense. Region 4 ESC may conduct the audit internally or may
engage a third-party auditing firm. In the event of an audit, the requested materials shall be
provided in the format and at the location designated by Region 4 ESC or TCPN.
ARTICLE 11- OFFEROR PRODUCT LINE REQUIREMENTS
11.1 Current products: Proposals shall be for materials and equipment in current production and
marketed to the general public and education/government agencies at the time the proposal is
submitted.
11.2 Discontinued products: If a product or model is discontinued by the manufacturer, vendor may
substitute a new product or model if the replacement product meets or exceeds the
specifications and performance of the discontinued model and if the discount is the same or
greater than the discontinued model.
11.3 New products/Services: New products and/or services that meet the scope of work may be
added to the contract. Pricing shall be equivalent to the percentage discount for other products.
Vendor may replace or add product lines to an existing contract if the line is replacing or
supplementing products on contract, is equal or superior to the original products offered, is
discounted in a similar or to a greater degree, and if the products meet the requirements of the
solicitation. No products and/or services may be added to avoid competitive procurement
requirements. Region 4 ESC may require additions to be submitted with documentation from
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Members demonstrating an interest in, or a potential requirement for, the new product or service.
Region 4 ESC may reject any additions without cause.
11.4 Options: Optional equipment for products under contract may be added to the contract at the
time they become available under the following conditions: 1) the option is priced at a discount
similar to other options; 2) the option is an enhancement to the unit that improves performance or
reliability.
11.5 Product line: Offerors with a published catalog may submit the entire catalog. Region 4 ESC
reserves the right to select products within the catalog for award without having to award all
contents. Region 4 ESC may reject any addition of equipment options without cause.
11.6 Warranty conditions: All supplies, equipment and services shall include manufacturer's
minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in
writing.
ARTICLE 12- SITE REQUIREMENTS
12.1 Cleanup: Vendor shall clean up and remove all debris and rubbish resulting from their work as
required or directed by Member. Upon completion of the work, the premises shall be left in good
repair and an orderly, neat, clean and unobstructed condition.
12.2 Preparation: Vendor shall not begin a project for which Member has not prepared the site,
unless vendor does the preparation work at no cost, or until Member includes the cost of site
preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture,
installing wiring for networks or power, and similar pre-installation requirements.
12.3 Registered sex offender restrictions: For work to be performed at schools, vendor agrees that
no employee or employee of a subcontractor who has been adjudicated to be a registered sex
offender will perform work at any time when students are or are reasonably expected to be
present. Vendor agrees that a violation of this condition shall be considered a material breach
and may result in the cancellation of the purchase order at the Member’s discretion. Vendor
must identify any additional costs associated with compliance of this term. If no costs are
specified, compliance with this term will be provided at no additional charge.
12.4 Safety measures: Vendor shall take all reasonable precautions for the safety of employees on
the worksite, and shall erect and properly maintain all necessary safeguards for protection of
workers and the public. Vendor shall post warning signs against all hazards created by its
operation and work in progress. Proper precautions shall be taken pursuant to state law and
standard practices to protect workers, general public and existing structures from injury or
damage.
12.5 Smoking: Persons working under the contract shall adhere to local smoking policies. Smoking
will only be permitted in posted areas or off premises.
12.6 Stored materials: Upon prior written agreement between the vendor and Member, payment may
be made for materials not incorporated in the work but delivered and suitably stored at the site or
some other location, for installation at a later date. An inventory of the stored materials must be
provided to Member prior to payment. Such materials must be stored and protected in a secure
location, and be insured for their full value by the vendor against loss and damage. Vendor
agrees to provide proof of coverage and/or addition of Member as an additional insured upon
Member’s request. Additionally, if stored offsite, the materials must also be clearly identified as
property of buying Member and be separated from other materials. Member must be allowed
reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as
necessary.
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Until final acceptance by the Member, it shall be the Vendor's responsibility to protect all
materials and equipment. The Vendor warrants and guarantees that title for all work, materials
and equipment shall pass to the Member upon final acceptance
ARTICLE 13- MISCELLANEOUS
13.1 Funding Out Clause: 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:
“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.”
13.2 Disclosures: Offeror 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.
Include a complete description of any and all relationships that might be considered a conflict of
interest in doing business with participants in TCPN.
The Offeror 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.
13.3 Indemnity: The awarded vendor shall protect, indemnify, and hold harmless both Region 4 ESC
and TCPN 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, including any supplemental agreements with members. Any litigation involving
either Region 4 ESC or TCPN, its administrators and employees and agents will be in Harris
County, Texas. Any litigation involving TCPN members shall be in the jurisdiction of the
participating agency.
13.4 Franchise Tax: The Offeror hereby certifies that he/she is not currently delinquent in the
payment of any franchise taxes.
13.5 Marketing: Awarded vendor agrees to allow Region 4 ESC to use their name and logo within
website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or
any form of publicity, inclusive of press releases, regarding this contract by awarded vendor must
have prior approval from Region 4 ESC.
13.6 Certificates of Insurance: Certificates of insurance shall be delivered to the Region 4 ESC
participant 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.
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13.7 Legal Obligations: It is the Offeror’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.
13.8 Open Records Policy: Because Region 4 ESC contracts are awarded by 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 Offeror must specify which exception(s) are applicable and
provide detailed reasons to substantiate the exception(s). Any information that is unmarked will
be considered public information and released, if requested under the Public Information Act.
The determination of whether information is confidential and not subject to disclosure is the duty
of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient
information to render an opinion and therefore, vague and general claims to confidentiality by the
Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4
ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Offeror
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.
After completion of award, these documents will be available for public inspection.
[Remainder of Page Intentionally Left Blank- Signatures follow on Signature Form]
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VENDOR CONTRACT SIGNATURE FORM
The undersigned hereby proposes and agrees to furnish goods and/or services in strict
compliance with the terms, specifications and conditions at the prices proposed within response
unless noted in writing. The undersigned further certifies that he/she is an officer of the company
and has authority to negotiate and bind the company named below and has not prepared this bid
in collusion with any other Respondent and that the contents of this proposal as to prices, terms
or conditions of said bid have not been communicated by the undersigned nor by any employee
or agent to any person engaged in this type of business prior to the official opening of this
proposal.
Prices are guaranteed: 120 days
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Accepted by Region 4 ESC:
Term of contract
to
Unless otherwise stated, all contracts are for a period of one (1) year with an option to renew
annually for an additional four (4) years if agreed to by Region 4 ESC and the awarded vendor.
Awarded vendor shall honor all administrative fees for any sales made based on a contract
whether renewed or not.
Region 4 ESC Authorized Board Member
Date
Print Name
Region 4 ESC Authorized Board Member
Date
Print Name
TCPN Contract Number
Page 25 of 73
Appendix B:
PRODUCT / SERVICES SPECIFICATIONS
Scope of Services For
ENERGY PERFORMANCE CONTRACTING SERVICE
TCPN is seeking vendors for a national ENERGY PERFORMANCE CONTRACTING
SERVICE. The successful vendor(s) shall have the ability to design, manage, install and
guarantee the implementation of a comprehensive turn-key, ENERGY PERFORMANCE
CONTRACTING SERVICE in which the cost of the improvement shall be paid for by
documented energy savings in existing and future budgets, guaranteed by the vendor.
Any contract resulting from this RFP that applies to a TCPN member is a guaranteed “energy
cost savings contract”, which shall mean a contract for energy or water conservation measures
to reduce energy or water consumption or operating costs of TCPN member facilities in which
the estimated savings in utility costs resulting from the measures is guaranteed to offset the cost
of the measures over a specified period in accordance with Arizona Revised Statutes 15-213.01
and 34-456.
All awarded contractors shall be familiar with Arizona Revised Statutes 15-213.01 and 34-456
and shall adhere to these requirements under this contract and other state jurisdictions as
appropriate.
SPECIFICATIONS
Provide a comprehensive program which includes the installation of energy saving
improvements. The scope of work may include, but not be limited to, the following energy cost
savings measures:
Operation & Maintenance
•
•
•
•
•
•
•
•
Automatic controls calibration
Boiler combustion efficiency checks & calibration
Clean air cooled condenser coils, chiller tubes, coils, filters
Cooling tower maintenance
Correct water treatment
Room setpoints
Repair leaking pump and equipment seals
Turning lights off
Utility / Rate Conversions/Purchase Options
•
•
•
•
Converting to all electric rate
Converting to interruptible electric rate
Purchasing natural gas at the wellhead
Real time pricing
Page 26 of 73
Note: The negotiated change of electric rate per kw/h to a lower rate shall not
be included in calculating the cost saving as part of this energy performance
contract.
Architectural
•
•
•
•
•
•
•
Building & Roof Insulation
Door Replacement & Weather-stripping
New Roofs
Window Replacements
Window Solar film / shading
Window Storms / overglazing
Window Weather-stripping:
Electrical
•
•
•
•
•
Energy efficient motors
Energy efficient transformers & building power analysis
Power factor correction capacitors buildings & load
Two speed motors
Variable speed drives
Kitchen
•
•
•
Conversion of electric booster heaters to natural gas
Conversion of hoods & makeup air systems to efficient types
Coolers-Add strip curtains
Lighting
•
•
•
•
•
•
•
•
Conversion of fluorescent fixtures
Energy Efficient Electronic Ballasts
LED lighting
Conversion of incandescent fixtures
Conversion of mercury vapor fixtures
Delamping with reflector installation
Dimming controls
Occupancy sensor controls
Plumbing
•
•
•
Low flow faucet aerators, shower heads & fixtures
Preheat domestic hot water
Proximity sensor control on fixtures
HVAC-Controls
•
•
•
•
•
Boiler/hot water converter optimization
Chiller optimization (reset & sequencing)
Cooling tower optimization
Direct digital controls
Electrical demand limiting
Page 27 of 73
•
•
•
•
•
•
•
•
•
•
Lowering of static pressure control points to lowest allowable levels
Mixed air dampers-economizer control
Night purge
Night (unoccupied) setback
Occupancy sensor control
Optimal start/stop & ventilation delay
Outdoor air reduction
Occupied-unoccupied (time of day) control
Supply air reset
Variable speed drive control (VAV, variable pumping)
HVAC-Equipment
•
•
•
•
Replace with higher efficient equipment
Compressor conversions
Refrigerant conversions
Adding heat recovery
HVAC-Chiller Plant
•
•
•
•
•
•
•
•
•
•
Change cooling tower nozzles
Condenser heat recovery
Evaporative pre-cooling
Ozone tower water treatment
Tower free cooling
Replacement chiller with increased efficiency
Thermal storage
Variable speed pumping (secondary)-decoupled chiller
Variable speed primary pumping
Variable speed drive on cooling tower fan
HVAC-Heating Plant
•
•
•
•
•
•
•
•
•
•
•
•
Conversion to dual fuel burners
Install flue dampers
Install turbulators
Lower steam pressure
Radiator Valves
Repair vacuum pumps
Repair/replace steam traps
Replacement burners with increased efficiency
Trim control
Variable speed pumping (secondary)
High efficiency boilers
Flue heat recovery
HVAC-Systems
•
•
Ceiling fans
Conversion of inefficient terminal devices (bypass dump boxes and constant volume
reheat boxes)
Page 28 of 73
•
•
•
•
•
•
•
Conversions to allow isolation of building areas with varying occupancies
Duct and pipe insulation
Energy efficient belts
Exhaust air heat recovery
Indoor air quality analysis
Replace worn sheaves
Reseal or replace leaking control dampers
Process
•
•
Air compressor optimization
Repair compressed air leaks and lower delivery pressures
Miscellaneous
•
•
•
•
•
•
•
•
Cogeneration
Pool blankets
Pool chemical conversion
Variable speed domestic water pump control (eliminate discharge valve)
Variable speed pool water pumping (eliminate discharge valve)
Geothermal Heat Pumps
Solar Panels
Roofing Energy Efficient
PROCESS
Preliminary Energy Audit:
Upon request, the Vendor will conduct a preliminary energy audit, at no cost, of the Owners
facility for Energy Performance Contracting Service opportunities.
Investment Grade Audit:
After approval by the owner, conduct an Investment Grade Audit which will include a complete
proposal indicating a detailed scope of work, at least 30% design drawings, building modeling
with industry accepted modeling software, a detailed description of the measurement and
verification services and a Performa. Performa shall include, but not be limited by, the
following:
•
•
•
•
•
•
•
•
•
•
Total construction first cost.
Any Grants, incentives, rebates or other discounts.
Projected savings by energy conservation measures by year for the financing term.
Maintenance and/or operational cost savings per year for the financing term.
Maintenance support services cost per year for the financing term.
Measurement and verification support services per year for the financing term.
Financing assumptions such as estimated interest rates and inflation rates.
Any capital avoidance calculations with yearly savings per year for the financing term.
Financing term payments per year for the financing term.
Program cash flow comparisons per year for the financing term.
Page 29 of 73
•
Net present value analysis with estimated discount rate.
The information to develop the energy baseline shall be derived from actual energy
measurements or shall be calculated from energy measurements at the facility where energy
cost savings measures are to be installed or implemented. The measurements shall be taken
in the year preceding the installation or implementation of energy cost savings measures.
The guaranteed energy cost savings contract shall include a written guarantee that either the
energy or operational savings, or both, will meet or exceed the energy savings measured over
the expected life of the energy conservation measures implemented within the finance terms.
The Vendor shall reimburse the school district for any shortfall of guaranteed energy savings
on an annual basis.
The Investment Grade Audit will be signed and sealed by a professional technical engineer
registered in the State of Arizona or as jurisdiction requires for other member states who is
specialized in energy management.
The Facility Owner and the vendor shall agree on a specific Measurement and Verification
process to be used in monitoring the success of the program.
Assist the Owner in obtaining financing and or grants/rebates.
Implementation of the Energy Performance Contract
Upon receipt of the Owners Purchase Order provide a bond/insurance policy guaranteeing the
agreed upon yearly energy consumption savings and any required payment and performance
bond(s) for the work being done.
Provide for a documented guarantee clearly communicating the energy and operational
savings process which defines the responsibilities of both Vendor and Owner.
Provide for a documented payment by the vendor if energy savings and operational savings
are not met on an annual basis.
Complete the Energy Performance Contract.
Provide a list of all warranties included in each project, along with O&M manuals.
Annually conduct a joint inspection with the owner to verify that the equipment is properly
maintained and operated in a manner that the continued potential to generate the predicted
savings can be achieved.
Provide a yearly assessment of savings achieved by the program based upon the
documented measurement and verification program.
Page 30 of 73
MEASUREMENT AND VERIFICATION PLAN
A typical Measurement and Verification Plan (M&V) will include, as a minimum, information on
the overall project level and energy conservation measures specific items. The actual M&V
plan will be developed during discussions between the Vendor and the Customer: however,
the plan should contain these essential elements:
Project Level Components:
Project Description and M & V Overview
Who will conduct the M&V activity
Document all assumptions and source of data
Project Savings and Cost from the contract
• Details of baseline conditions and data collected
• Describe any O & M cost savings claimed
• What will be verified
• Details of engineer analysis
• How and why the baseline may be adjusted
Schedule
• Provide schedule for all M & V activities
Reports to be prepared
• How actual energy and cost savings will be calculated
• Assign O & M reporting responsibilities
Risk and Responsibility Matrix
• Include in this section the minimum and maximum maintenance required
to ensure the guarantee
• Assign preventative maintenance responsibilities between owner and
contractor
Specific Energy Conservation Measures:
Describe the Energy Conservation Measure in detail
Describe the objectives of the Energy Conservation Measure
Sampling Plan
Data Collection Plan
Pre-Installation Energy and Baseline
Post Installation Facility Conditions
Determination of Energy Savings
Plan for Future Measurement
Plan for Resolving Disputes
Page 31 of 73
DEFINITIONS AS DEFINED IN THIS PROPOSAL
The following is a list of definitions that are used throughout the request for proposal and in
the pricing process. All of the definitions will as a whole be included in the contract for this
program.
ASSIGNMENT, Any award made as a result of this solicitation, may not be transferred,
assigned, subcontracted, mortgaged, or pledged, or otherwise disposed of or encumbered in
any way by the contractor without the approval of TCPN.
ADDENDUMS, Additions to the contract as agreed to by TCPN, the client member, and the
contractor to meet specific or special contract requirements.
AUDIT CYCLE, Audits shall consist of a TCPN representative reviewing/comparing pricing on
invoices and the appropriate record of price. Any issues will be reported to TCPN, contractor
and the client member. Random audits will be performed on an annual basis.
BEST VALUE is determined with multiple parameters of past performance, previous
experience, references, and price. Each comprises part of “best value” price is only one
parameter as is past performance.
BUYER is the independent school district (ISD), institute of higher learning, government
entity, or non-profit agency that uses this contract. (See Client Member)
CITY COST INDEX, Defined pricing indices published by R.S. Means (see R.S. Means) as
local modifiers to the national cost data.
CLIENT MEMBER is any ISD, ESC, University, Municipality, County, Federal or State Agency
or non taxed entity empowered to enter into an agreement with TCPN via their governing
boards or trustees. In the State of Texas an Interlocal agreement must be signed by the client.
In other states, the client is responsible for meeting their state requirements.
COEFFICIENT is the contractors’ coefficient multiplier that is applied to the local city cost
index and the total sum of line item estimates when using RS Means as a pricing guide. It will
include all overhead items such as office, safety equipment, vehicles and fuel, computers,
communication devices, printers, programs, insurance maintenance, TCPN management fee,
final site cleanup and all contingencies. It will also include all costs to the contractor
associated with program and/or project management and administration, and sufficient jobsite
supervision. If contractor is awarded a contract, then the coefficient can be adjusted to the
lowest awarded coefficient to meet a competitive situation.
CONTRACT AND CONTRACT DOCUMENTS include the following items; the TCPN
solicitation, RFP, Qualification statements, Contractors proposal (all portions) including PGM
and other key staff members, corporate commitments, marketing and business plans,
negotiated oral commitments as noted and approved, and coefficients.
CONSTRUCTION means the process of building, altering, repairing, improving or demolishing
any school district structure or building, or other public improvements of any kind to any
school district real property. Construction does not include the routine operation, routine repair
or routine maintenance of existing structures, buildings or real property.
Page 32 of 73
EDUCATION SERVICE CENTER (ESC) is part of a Texas governmental agency (Texas
Education Agency) providing services within their defined regions to school districts and other
governmental entities.
ENERGY BASELINE means a calculation of the amount of energy used in an existing facility
before the installation or implementation of the energy cost savings measures.
ENERGY COST SAVINGS METHOD means a training program or facility alteration designed
to reduce energy consumption or operating costs .
KEY STAFF MEMBERS are considered to be critical to the quality, implementation and
successful support and execution of the program. The past performance and experience of
the key staff that has been committed to the program will be evaluated.
MULTI-AWARD NON-COMPETE while Self Funded Capital Improvement Program is a multiaward contracting program no client member may compete delivery with other TCPN
contractors.
MEASUREMENT AND VERIFICATION is an agreed upon means to measure and verify the
estimated cost savings from Self-Funded Capital Improvement programs.
NON PRE-PRICED ITEMS are those items that cannot be found or reasonably compared to
listed line items.
PERFORMANCE CONTRACTING: A means that enables the Facility Owner to make Capital
Improvements to facilities, finance all cost and have a guarantee that the energy and or
operational savings will pay for the improvement
PUBLIC INFORMATION ACT AND PROPRIETATRY MATERIALS, under the Public
Information Act certain materials may be requested by the public. Vendors should not submit
proprietary materials as part of their proposal. TCPN is subject to the Public Information Act,
as are all public entities.
PROJECT GENERAL MANAGER (PGM) is the senior member of the Vendor's team and will
be the ultimate interface between TCPN and the client members.
PURCHASE ORDER (PO) is the client member’s approval providing the authority to proceed
with the work under the contract and inter-local agreement. Special terms and conditions as
agreed to between the contractor and the client member will be added as addendums to the
PO. Items such as certificate of insurance, bonding requirements, small or disadvantaged
business goals are some of the addendums possible.
PREMIUM HOURS are defined as those hours not included in regular hours or recognized
holidays. Premium hours are to be approved by the client member for each delivery order and
noted in the delivery order proposal as a line item during negotiations.
REGULAR HOURS are defined as those hours between the hours of 7 AM and 6PM Monday
thru Friday unless noted by vendor on their response to RFP.
SCOPE OF WORK (SOW) is the specific work that has been agreed to be undertaken and
accomplished under the TCPN Facility Technology Integration contract .
Page 33 of 73
THE COOPERATIVE PURCHASING NETWORK (TCPN) is the named organization doing
cooperative contracting under the authority of the Region 4 Education Service Center.
UNIT PRICE BOOK (UPB) will be the current addition of RS Means Facilities Construction
Cost Data or other RS Means Cost publications listed above.
The published quarterly updates will be allowed.
INFORMATION TO OFFERORS
TCPN intends to enter into multiple Contracts to provide ESCO contracts for energy
performance contracting. These contracts will be available in Arizona and nationally for use by
all public entities such as ESC’s, ISD’s, universities, city and county governments, community
colleges and state agencies. It may also be used by certain private non-taxed entities. Each
entity must have signed an inter-local agreement approved by their board or designated agent
with TCPN.
OFFERORS ARE REMINDED THAT NO WORK IS OR HAS BEEN GUARANTEED UNDER
THIS CONTRACT.
It is the intention of TCPN to issue these contracts to give the client members a choice of
contractors under best value to them.
The contractor agrees to use as required Davis Bacon (See the UPB) or local wage rates that
apply with some of the TCPN client members. The client member must supply any Davis
Bacon or local wage rates requested.
The current annual edition of RS Means Facility Construction Cost Data and quarterly
adjustments will be the UPB used.
Contractors are recommended to use Cost Works or other recognized automated software in
preparing line item estimates. Contractor will make available to the member and member’s
engineer access to the program for third party validation by the member.
The proposal coefficient should provide for engineering and architectural (A&E) design to
meet the contracted requirements. The contractor should expect as part of its coefficient those
services that are required to obtain building permits and meet local and state standards for
design and oversight.
AIA master text specifications or client member approved equivalent and all applicable local,
state and national codes will apply to work done under this contract.
TCPN will receive up to 4% of the total revenue (see sliding scale, page 21 of 73) from
each PO executed under this contract. This fee will be included in the contractors priced
coefficient and will not be issued as a separate line item in any job order proposals issued to
client members. This contract management fee will be required to be paid within thirty days of
the completion of any job order. If the job order has progress payments on large projects the
contractor will be required to pay in proportion to these payments within thirty days of the
invoice date.
Page 34 of 73
Subcontractors must meet the same minimum standards and requirements as the prime
contractor. It will be the responsibility of the prime contractor to pre-qualify and oversee their
subcontractors.
TCPN will provide some oversight in assisting both the client members and the contractors in
the marketing to the client members, training (education), and provide at a minimum an
annual audit and review of each of the contractors programs. This service will be paid for out
of the 4% fee paid to the TCPN program by each contractor. TCPN will not market or sell
directly for contractors.
RS Means facility construction cost data book will be the unit price book for this contract using
the RS Means right hand column (“Total Inc. O & P”) and the most recent edition including any
quarterly RS Means 12-digit line number. Contractors at their expense will make copies of the
UPB available to the client member upon request via electronic or printed media for validation.
Cost Works automated software is the preferred software for preparing line item estimates.
As defined, the contractor’s bid coefficient shall include all overhead items such as office,
safety equipment, vehicles and fuel, communication equipment, computers, printers,
programs, insurance maintenance, four percent TCPN management fee and all contingencies.
All project management, administration, and sufficient jobsite supervision are to be included in
contractor’s bid coefficient as well as any other main office or project overhead and profit
items.
EXAMPLE; using sample figures from a proposal the total cost with all of the adjustments
would be as follows;
Total of divisional line items based on the quantities and unit prices from the UPB including
the OH&P column = $500,000.00
City cost index - .91 adjusted = $455,000.00
Bid Coefficient- .82 adjusted = $373,000.00
Premium Hours. n/a
Davis Bacon.
n/a
TOTAL COST as adjusted = $373,000.00
This contract will have an initial base contract period from the signing date for one year. TCPN
may at its sole discretion award up to 4 additional option periods of one year each. These
options would be renewed on an annual basis with TCPN notifying in writing each contractor
90 days in advance of contract expiration whether TCPN intends to exercise the next one year
option period. If the contractor does not wish to renew, TCPN must be notified within 14 days
after receiving the written notice.
Items that are not found in the UPB will be listed as “non-pre-priced”. The contractor will
provide three prices to establish the average bare cost for each item and add in the Overhead
and Profit (OH/P) based upon the contactors coefficient. This line item will then be negotiated
with the client member and as approved the item will then be added to the price book for
future projects and no longer be non-pre-priced. The need for this special treatment needs to
be addressed in the line item estimate.
Annual audit function will be in accordance with State of Arizona statutes or the jurisdictional
requirements of other states. Reporting and business forms will be established by TCPN.
This solicitation is a “best value” solicitation for TCPN making the award. The primary
selection criteria will be stated in the RFP document and assigned the appropriate weight.
Page 35 of 73
Awards will be made to those contractors who score highest in the stated categories by point
total. Coefficients will be evaluated within the context of the points presented in the evaluation
criteria as one of the key areas reviewed and evaluated by the selection committee. It should
be noted that the competitiveness of the proposers coefficient will be taken into account
during the bid evaluation process.
TCPN reserves the right to award based upon best value, reject any or all of the proposals in
whole or in part, and to waive any format or technical irregularities, and omissions, if in its sole
judgment any of these actions meet the best interests of TCPN and its client members. TCPN
intends to award this contract(s) without discussions, but reserves the right to conduct
oral interviews (discussions) or presentations as required to select the best value
contractor and/or obtain competitive pricing.
A letter from a surety company that is licensed to do business in the state of Arizona or the
state in which work is being done attesting to its willingness to bond your company and the
bonding limit per year should be included with the proposal. The actual cost of the bond will be
a pass through to the client member and added to the purchase order. It is up to the
contractor to know the bonding requirements of other jurisdictions.
The contractor at his expense and included as part of overhead will provide adequate
insurance coverage meeting at a minimum the requirements of the State of Arizona. The
contractor, if awarded a contract, will provide within 14 days but prior to the commencement of
any construction, a certificate of insurance showing that TCPN has been named as additional
insured. If the member has higher insurance than those requirements, they may be added as
an addendum to the purchase order.
The complete RFP, as well as the proposal of the successful offerors, along with agreed upon
and negotiated points will be incorporated by reference into the contract and the contractor will
be bound by the terms thereof.
Page 36 of 73
Appendix C:
PRICING
Electronic Price Lists
•
Respondents must submit products, services, warranties, etc. in price list.
•
Respondents should submit a coefficient (regular hours and overtime hours) for pricing a
job utilizing RS Means national cost book, where appropriate.
•
Prices listed will be used to establish the extent of a manufacturer’s product lines,
services, warranties, etc. that are available from a particular offeror and the pricing per
item.
•
Electronic price lists must contain the following: (if applicable)
•
Manufacturer part #
•
Vendor part # (if different from manufacturer part #)
•
Description
•
Manufacturers Suggested List Price and Net Price
•
Net price to Region 4 ESC (including freight)
•
Media submitted for price list must include the respondents’ company name, name of the
solicitation, and date on CD, DVD or Flash Drive (i.e. Pin or Jump Drives).
•
Please submit price lists and/or catalogs in electronic form only.
Not to Exceed Pricing
•
Region 4 ESC requests pricing be submitted as not to exceed for any participating entity.
•
Unlike fixed pricing the awarded vendor can adjust submitted pricing lower if needed but,
cannot exceed original pricing submitted for solicitation.
•
Vendor must allow for lower pricing to be available for similar product and service
purchases.
Page 37 of 73
Appendix D:
GENERAL TERMS & CONDITIONS ACCEPTANCE FORM
Signature on Vendor Contract Signature form certifies complete acceptance of the
General Terms and Conditions in this solicitation, except as noted below (additional
pages may be attached, if necessary).
Check one of the following responses to the General Terms and Conditions:
 We take no exceptions/deviations to the general terms and conditions
(Note: If none are listed below, it is understood that no exceptions/deviations are
taken.)
 We take the following exceptions/deviations to the general terms and conditions.
All exceptions/deviations must be clearly explained. Reference the corresponding
general terms and conditions that you are taking exceptions/deviations to. Clearly
state if you are adding additions terms and conditions to the general terms and
conditions. Provide details on your exceptions/deviations below:
(Note: Unacceptable exceptions shall remove your proposal from consideration
for award. Region 4 ESC shall be the sole judge on the acceptance of
exceptions/deviations and the decision shall be final. )
Page 38 of 73
FACILITY SOLUTIONS SPECIAL TERMS & CONDITIONS
TCPN Certified Proposal Number Process
•
Email all requests for Certified TCPN Proposal Numbers to [email protected]
•
All proposal numbers requests must be submitted and a proposal number received
before you present it to your potential customer.
•
You will have a response with a Certified TCPN Proposal Number within 24 hours.
•
If you have an emergency and need a proposal number sooner, please call any member
of the Facility Management team and we will help you.
•
Simply send an email that states the following:
o Contract # (only if you hold more than one contract)
o City/State
o Official Name of Entity
•
Include the proposal number and TCPN Official Contract Holder seal of approval on all
proposals. Feel free to use the attached form for your convenience.
Page 39 of 73
Proposal #
Dear Valued TCPN Member/User:
We appreciate your consideration in accessing and using a TCPN-awarded contract.
As you are aware, we take each and every awarded vendor through a very
transparent and competitive process. We continue to look for methods to better serve
our customer. We have recently implemented a program where all Facility Contract
holders must register and receive a Certified TCPN Proposal Number that must be
displayed prominently on the proposal(s) you are to receive. We feel this ensures
compliance and adherence to the terms and conditions under the contract awarded to
TCPN is tracking Facility transactions from the initial proposals to the completion of
projects. In receiving this proposal, we ask you to verify that the Certified TCPN
Proposal Number is included.
TCPN has assembled a specialized Facilities Management Team that stands ready
and willing to verify and support our vendors in performing and meeting all obligations
of services and duties promised to your organization. Please see our website at
www.tcpn.org to contact our team members in serving your needs.
Thank you for your potential business and remember to only accept proposals with a
Certified TCPN Proposal Number.
Sincerely,
The TCPN Facilities Management Team
Page 40 of 73
VENDOR ACCEPTANCE FORM
This document acknowledges that you have received and agree to the details,
directions and expectations of the Certified TCPN Proposal Number process.
Date:
RFP Number:
Company Name:
Printed Name:
Signature:
Page 41 of 73
Appendix E:
QUESTIONNAIRE
Please provide responses to the following questions that address your company’s operations,
organization, structure and processes for providing products and services.
1. States Covered
Offeror 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.
50 States & District of Columbia (Selecting this box is equal to checking all boxes below)
Alabama
Montana
Alaska
Nebraska
Arizona
Nevada
Arkansas
New Hampshire
California
New Jersey
U.S.
Colorado
New Mexico
Connecticut
New York
Delaware
North Carolina
District of Columbia
North Dakota
Florida
Ohio
Georgia
Oklahoma
Hawaii
Oregon
Idaho
Pennsylvania
Illinois
Rhode Island
Indiana
South Carolina
Iowa
South Dakota
Kansas
Tennessee
Kentucky
Texas
Louisiana
Utah
Maine
Vermont
Maryland
Virginia
Massachusetts
Washington
Michigan
West Virginia
Minnesota
Wisconsin
Mississippi
Wyoming
Missouri
Territories & Outlying Areas (Selecting this box is equal to checking all boxes below)
American Samoa
Federated States of Micronesia
Guam
Midway Islands
All
Northern Marina Islands
Puerto Rico
U.S. Virgin Islands
2. Minority and Women Business Enterprise (MWBE) and (HUB) Participation
It is the policy of some entities participating in TCPN to involve minority and women business
enterprises (MWBE) and historically utilized businesses (HUB) in the purchase of goods and
services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
Page 42 of 73
a. Minority/Women Business Enterprise
Respondent certifies that this firm is an M/WBE
Yes
No
b. Historically Underutilized Businesses
Respondent certifies that this firm is a HUB
Yes
No
3. Residency
Responding Company’s principal place of business is in the city of ___________State of ___.
4. Felony Conviction Notice
Please check applicable box:
A publicly held corporation; therefore, this reporting requirement is not applicable.
Is not owned or operated by anyone who has been convicted of a felony.
Is owned or operated by the following individual(s) who has/have been convicted
of a felony.
*If the 3rd box is checked a detailed explanation of the names and convictions must be attached.
5. Processing Information
Company contact for:
Contract Management
Contact Person: __________________________________________
Title: ___________________________________________________
Company: _______________________________________________
Address: ________________________________________________
City: ___________________ State: _____________ Zip:
Phone:
Fax:
Email:
Billing & Reporting/Accounts Payable
Contact Person: __________________________________________
Title: ___________________________________________________
Company: _______________________________________________
Address: ________________________________________________
City: ___________________ State: _____________ Zip:
Phone:
Fax:
Email:
Page 43 of 73
Marketing
Contact Person: __________________________________________
Title: ___________________________________________________
Company: _______________________________________________
Address: ________________________________________________
City: ___________________ State: _____________ Zip:
Phone:
Fax:
Email:
6. Distribution Channel: Which best describes your company’s position in the distribution
channel:
Manufacturer direct
Certified education/government reseller
Authorized distributor
Manufacturer marketing through reseller
Value-added reseller
Other __________________________
7. Pricing Information
•
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.
Yes
No
(If answer is no, attach a statement detailing how pricing for participants would be calculated.)
•
Pricing submitted includes the required administrative fee.
Yes
No
Yes
No
(Fee calculated based on invoice price to customer)
•
Additional discounts for purchase of a guaranteed quantity?
8. Cooperatives
List any other cooperative or state contracts currently held or in the process of securing
Cooperative/State Agency
Discount
Offered
Page 44 of 73
Expires
Annual Sales
Volume
Appendix F:
COMPANY PROFILE
Please provide the following:
1. Company’s official registered name.
2. Brief history of your company, including the year it was established.
3. Company’s Dun & Bradstreet (D&B) number.
4. Corporate office location.
5. List the total number of sales persons employed by your organization within the United States,
broken down by market
6. List the number and location of offices, or service centers for all states being bid in solicitation.
Additionally, list the names of key contacts at each location with title, address, phone and e-mail
address.
7. Please provide contact information for the person(s) who will be responsible for the following
areas, including resumes:
a. Sales
b. Sales Support
c. Marketing
d. Financial Reporting
e. Executive Support
8. Define your standard terms of payment.
9. Who is your competition in the marketplace?
10. Overall annual sales for last three (3) years; 2009, 2010, 2011
11. Overall public sector sales, excluding Federal Government, for last three (3) years; 2009, 2009,
2011.
12. What is your strategy to increase market share?
13. What differentiates your company from competitors?
14. Provide information regarding whether your firm, either presently or in the past, has been
involved in any litigation, bankruptcy, or reorganization.
Page 45 of 73
Marketing / Sales
17. Detail how your organization plans to market this contract within the first 90 days of the award
date. This should include, but not be limited to:
a.
b.
c.
d.
e.
f.
g.
A co-branded press release within first 30 days
Announcement of award through any applicable social media sites
Direct mail campaigns
Co-branded collateral pieces
Advertisement of contract in regional or national publications
Participation in trade shows
Dedicated TCPN and Region 4 ESC internet web-based homepage with:
i. TCPN and Region 4 ESC Logo
ii. Link to TCPN and Region 4 ESC website
iii. Summary of contract and services offered
iv. Due Diligence Documents including; copy of solicitation, copy of contract and any
amendments, marketing materials
18. Describe how your company will demonstrate the benefits of this contract to eligible entities if
awarded.
19. Explain how your company plans to market this agreement to existing government customers.
20. Provide a detailed 90-day plan describing how the contract will be implemented within your firm.
21. Describe how you intend on train your national sales force on the Region 4 ESC agreement.
22. Acknowledge that your organization agrees to provide its company logo(s) to Region 4 ESC and
agrees to provide permission for reproduction of such logo in marketing communications and
promotions.
23. Provide the revenue that your organization anticipates each year for the first three (3) years of
this agreement.
$_________ in year one
$_________ in year two
$_________ in year three
Administration
24. Describe your company’s implementation and success with existing cooperative purchasing
programs, if any, and provide the cooperative’s name(s), contact person(s) and contact
information as reference(s).
25. Describe the capacity of your company to report monthly sales through this agreement.
26. Describe the capacity of your company to provide management reports, i.e. consolidated billing
by location, time and attendance reports, etc. for each eligible agency
Page 46 of 73
27. Please provide any suggested improvements and alternatives for doing business with your
company that will make this arrangement more cost effective for your company and Participating
Public Agencies.
Green Initiatives
We're committed to helping to build a cleaner future! As our business grows, we want to make
sure we minimize our impact on the Earth's climate. So we’re taking every step we can to
implement innovative and responsible environmental practices throughout Region 4 ESC to
reduce our carbon footprint, reduce waste, promote energy conservation, and ensure efficient
computing and much more. We would like vendors to partner with us in enterprise. To that effort,
we ask respondents to provide their companies environmental policy and/or green initiative.
28. Please provide your company’s environmental policy and/or green initiative.
Vendor Certifications (if applicable)
29. Provide a copy of all current licenses, registrations and certifications issued by federal, state and
local agencies, and any other licenses, registrations or certifications from any other
governmental entity with jurisdiction, allowing respondent to perform the covered services
including, but not limited to licenses, registrations or certifications. Certifications can include
applicable M/WBE, HUB, and manufacturer certifications for sales and service.
References
Provide a minimum of five (5) customer references for product and/or services of similar scope
dating within the past 3 years. Please try to provide an equal number of references for K12,
Higher Education and City/County entities. Provide the following information for each reference:
Entity Name
Contact Name and Title
City and State
Phone Number
Years Serviced
Description of Services
Annual Volume
Page 47 of 73
Appendix G:
VALUE ADD
Please include any additional products and/or services not included in the scope of the solicitation
that you think will enhance and/or add value to this contract for participating agencies.
Page 48 of 73
Appendix H:
ADDITIONAL REQUIRED DOCUMENTS
DOC #1
DOC #2
Debarment Notice
DOC #3
DOC #4
Contractors Requirements
DOC #5
FOR NEW JERSEY VENDORS ONLY:
DOC #6
Pay to Play Notice and Political Contribution Form
DOC #7
List of All Agencies Required for Political Contribution Disclosure Form
DOC #8
Stockholder Disclosure Certification
DOC #9
Ownership Disclosure Form
DOC #10
Non-Collusion Affidavit
New Jersey vendors are also required to comply with the following New Jersey statutes
when applicable:
All anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A.
10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38.
Compliance with Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the
contemplation of the Act.
Compliance with Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26
Bid and Performance Security, as required by the applicable municipal or state statutes.
Page 49 of 73
DOC #1
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the
Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental
Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102,
Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the
United States Environment Protection Agency Assistant Administrator for the Enforcement.
Potential Vendor:___________________________________________________________
Title of Authorized Representative: _____________________________________________
Mailing Address: ___________________________________________________________
Signature: ________________________________________________________________
Page 50 of 73
DOC #2
Debarment Notice
I, the Vendor, certify that my company has not been debarred, suspended or otherwise ineligible
for participation in Federal Assistance programs under Executive Order 12549, “Debarment and
Suspension”, as described in the Federal Register and Rules and Regulations.
Potential Vendor:___________________________________________________________
Title of Authorized Representative: _____________________________________________
Mailing Address: ___________________________________________________________
Signature: ________________________________________________________________
Page 51 of 73
DOC #3
LOBBYING CERTIFICATION
Submission of this certification is a prerequisite for making or entering into this transaction and
is imposed by Section 1352, Title 31, U.S. Code. This certification is a material representation
of fact upon which reliance was placed when this transaction was made or entered into. Any
person who fails to file the required certification shall be subject to civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
The undersigned certifies, to the best of his/her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of a Federal contract, the making of a
Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of a Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract or cooperative agreement, the undersigned shall
complete and submit Standard Form LLL, “Disclosure of Lobbying Activities,” in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all covered sub-awards exceeding $100,000 in Federal funds at all
appropriate tiers and that all sub-recipients shall certify and disclose accordingly.
______________________________
Signature of Respondent
Date
Page 52 of 73
DOC #4
CONTRACTOR CERTIFICATION REQUIREMENTS
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and
Nationality Act (FINA), and all other federal and state immigration laws and regulations. The
Contractor further warrants that it is in compliance with the various state statues of the states it is
will operate this contract in.
Participating Government Entities including School Districts may request verification of
compliance from any Contractor or subcontractor performing work under this Contract. These
Entities reserve the right to confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors
are not in compliance, they may pursue any and all remedies allowed by law, including, but not
limited to: suspension of work, termination of the Contract for default, and suspension and/or
debarment of the Contractor. All costs necessary to verify compliance are the responsibility of
the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires
compliance with federal immigration laws by State employers, State contractors and State
subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the Region 4 ESC Participating entities in
which work is being performed.
__________________________________________________________________________
Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month,
contractor shall submit a full set of fingerprints to the school district if requested of each person
or employee who may provide such service. Alternately, the school district may fingerprint those
persons or employees. An exception to this requirement may be made as authorized in
Governing Board policy. The district shall conduct a fingerprint check in accordance with the
appropriate state and federal laws of all contractors, subcontractors or vendors and their
employees for which fingerprints are submitted to the district. Contractor, subcontractors,
vendors and their employees shall not provide services on school district properties until
authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes
in the state in which the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity in
which work is being performed.
__________________________________________________________________________
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the
contractor does not have scrutinized business operations in Sudan and/or Iran.
_________________________________________
Signature of Respondent
_________________________________________
Date
Page 53 of 73
ANTITRUST CERTIFICATION STATEMENTS
(Tex. Government Code § 2155.005)
DOC #5
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company,
corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any
provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this bid, neither I nor any representative of the Company has violated any
federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any
of the contents of this bid to a competitor of the Company or any other company, corporation,
firm, partnership or individual engaged in the same line of business as the Company.
Vendor ________________________________
Offeror
Signature
________________________________
_____________________________
Printed Name
_________________________________
_____________________________
Position with Company
Address
_______________________________
Authorizing Official
________________________________
Signature
Phone
Fax
Printed Name
Position with Company
Page 54 of 73
DOC #6
OWNERSHIP DISCLOSURE FORM
(N.J.S. 52:25-24.2)
Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public
Contracts Law), the offeror shall complete the form attached to these specifications listing the
persons owning 10 percent (10%) or more of the firm presenting the bid.
Company Name: ____________________________
Street:
City, State, Zip Code: ________________________
Complete as appropriate:
I _______________________________________ , certify that I am the sole owner of
____________________________________ , that there are no partners and the business is not
incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply.
OR:
I
_______________________________________
,
a
partner
in
______________________________ , do hereby certify that the following is a list of all individual partners
who own a 10% or greater interest therein. I further certify that if one (1) or more of the partners is itself a
corporation or partnership, there is also set forth the names and addresses of the stockholders holding
10% or more of that corporation’s stock or the individual partners owning 10% or greater interest in that
partnership.
OR:
I _______________________________________ , an authorized representative of
______________________________ , a corporation, do hereby certify that the following is a list of the
names and addresses of all stockholders in the corporation who own 10% or more of its stock of any class.
I further certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there
is also set forth the names and addresses of the stockholders holding 10% or more of the corporation’s
stock or the individual partners owning a 10% or greater interest in that partnership.
(Note: If there are no partners or stockholders owning 10% or more interest, indicate none.)
Name
Address
Interest
I further certify that the statements and information contained herein, are complete and correct to
the best of my knowledge and belief.
________________________
Date
________________________________________
Authorized Signature and Title
Page 55 of 73
DOC #7
NON-COLLUSION AFFIDAVIT
Company Name:
Street:
City, State, Zip Code:
State of New Jersey
County of _____________________
I, ____________________________ of the ___________________________
Name
City
in
the
County
of
____________________________,
State
of
___________________________________ of full age, being duly sworn according to
law on my oath depose and say that:
I am the _____________________________ of the firm of _______________
Title
Company Name
the offeror making the Proposal for the goods, services or public work specified under
the Harrison Township Board of Education attached bid, and that I executed the said
bid proposal with full authority to do so; that said offeror has not directly or indirectly
entered into any agreement, participated in any collusion, or otherwise taken any
action in restraint of free, competitive bidding in connection with the above bid, and
that all statements contained in said bid proposal and in this affidavit are true and
correct, and made with full knowledge that the Harrison Township Board of Education
relies upon the truth of the statements contained in said bid proposal and in the
statements contained in this affidavit in awarding the contract for the said goods,
services or public work.
I further warrant that no person or selling agency has been employed or retained to
solicit or secure such contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, except bona fide employees or bona fide
established commercial or selling agencies maintained by
Company Name
Authorized Signature & Title
Subscribed and sworn before me
this ______ day of ______________, 20____
__________________________________________
Notary Public of New Jersey
My commission expires __________________
, 20____
SEAL
Page 56 of 73
DOC #8
AFFIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
Company Name: _______________________
Street: _________________________
City, State, Zip Code: ________________________
Bid Proposal Certification:
Indicate below your compliance with New Jersey Affirmative Action regulations. Your bid will be accepted
even if you are not in compliance at this time. No contract and/or purchase order may be issued, however,
until all Affirmative Action requirements are met.
Required Affirmative Action Evidence:
Procurement, Professional & Service Contracts (Exhibit A)
Vendors must submit with bid:
1.
A photo copy of their Federal Letter of Affirmative Action Plan Approval
______________
2.
OR
A photo copy of their Certificate of Employee Information Report
______________
3.
OR
A complete Affirmative Action Employee Information Report (AA302)
______________
Public Work – Over $50,000 Total Project Cost:
A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form
AA201-A upon receipt from the Harrison Township Board of Education
______________
B. Approved Federal or New Jersey Plan – certificate enclosed
______________
I further certify that the statements and information contained herein, are complete and correct to
the best of my knowledge and belief.
________________________
Date
________________________________________
Authorized Signature and Title
Page 57 of 73
P.L. 1995, c. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE
CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any
employee or applicant for employment because of age, race, creed, color, national
origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will
take affirmative action to ensure that such applicants are recruited and employed, and
that employees are treated during employment, without regard to their age, race, creed,
color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
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. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the Public Agency
Compliance Officer setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or
advertisement for employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without regard to age,
race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual
orientation.
The contractor or subcontractor, where applicable, will send to each labor union or
representative of workers with which it has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency contracting officer
advising the labor union or workers' representative of the contractor's commitments
under this act and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations
promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and
supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and
female workers trade consistent with the applicable county employment goal prescribed
by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as
amended and supplemented from time to time or in accordance with a binding
determination of the applicable county employment goals determined by the Affirmative
Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to
P.L. 1975, C.127, as amended and supplemented from time to time.
Page 58 of 73
The contractor or subcontractor agrees to inform in writing appropriate recruitment
agencies in the area, including employment agencies, placement bureaus, colleges,
universities, labor unions, that it does not discriminate on the basis of age, creed, color,
national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it
will discontinue the use of any recruitment agency which engages in direct or indirect
discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if
necessary, to assure that all personnel testing conforms with the principles of job-related
testing, as established by the statutes and court decisions of the state of New Jersey and
as established by applicable Federal law and applicable Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer,
upgrading, downgrading and lay-off to ensure that all such actions are taken without
regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or
sexual orientation, and conform with the applicable employment goals, consistent with
the statutes and court decisions of the State of New Jersey, and applicable Federal law
and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to
the Affirmative Action Office as may be requested by the office from time to time in order
to carry out the purposes of these regulations, and public agencies shall furnish such
information as may be requested by the Affirmative Action Office for conducting a
compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC
17:27).
________________________________________________
Signature of Procurement Agent
DOC #9
Page 59 of 73
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that
are required to file Political Contribution Disclosure forms with the agency. It is not intended to
be provided to contractors. What follows are instructions on the use of form local units can
provide to contractors that are required to disclose political contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local
Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair
and open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing
data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the
contract documents or in an appropriate computer file and be available for public access. The form is
worded to accept this alternate submission. The text should be amended if electronic submission will
not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the
contract. Resolutions of award should reflect that the disclosure has been received and is on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range
of public agencies, including all public agencies that have elected officials in the county of the public
agency, state legislative positions, and various state entities. The Division of Local Government Services
recommends that contractors be provided a list of the affected agencies. This will assist contractors in
determining the campaign and political committees of the officials and candidates affected by the
disclosure.
a. The Division has prepared model disclosure forms for each county. They can be downloaded from
the “County PCD Forms” link on the Pay-to-Play web site at www.nj.gov/dca/lgs/p2p. They will
be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative
district(s). As the forms are county-based, they list all legislative districts in each county.
Districts that do not represent the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of
the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the
Instructions are printed on the back of the form; where that is not the case, the text should be edited
accordingly.
f. The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will
assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to
the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract.
(See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification
form is part of this package and the instruction to complete it is included in the Contractor Instructions.
NOTE: This section is not applicable to Boards of Education.
Page 60 of 73
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT
awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are
subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law
provides that 10 days prior to the award of such a contract, the contractor shall disclose
contributions to:
• any State, county, or municipal committee of a political party
• any legislative leadership committee*
• any continuing political committee (a.k.a., political action committee)
• any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located
o of another public entity within that county
o or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part of
the county. The disclosure must list reportable contributions to any of the
committees that exceed $300 per election cycle that were made during the 12
months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16
for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed
when a business entity is not a natural person. This includes the following:
• individuals with an “interest” ownership or control of more than 10% of the profits or
assets of a business entity or 10% of the stock in the case of a business entity that
is a corporation for profit
• all principals, partners, officers, or directors of the business entity or their spouses
• any subsidiaries directly or indirectly controlled by the business entity
• IRS Code Section 527 New Jersey based organizations, directly or indirectly
controlled by the business entity and filing as continuing political committees,
(PACs). When the business entity is a natural person, “a contribution by that
person’s spouse or child, residing therewith, shall be deemed to be a contribution
by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed
on the disclosure. Any business entity that fails to comply with the disclosure
provisions shall be subject to a fine imposed by ELEC in an amount to be
determined by the Commission which may be based upon the amount that the
business entity failed to report. The enclosed list of agencies is provided to assist
the contractor in identifying those public agencies whose elected official and/or
candidate campaign committees are affected by the disclosure requirement. It is
the contractor’s responsibility to identify the specific committees to which
contributions may have been made and need to be disclosed. The disclosed
information may exceed the minimum requirement. The enclosed form, a contentconsistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is
disclosable to the public under the Open Public Records Act. The contractor must
Page 61 of 73
also complete the attached Stockholder Disclosure Certification. This will assist the
agency in meeting its obligations under the law.
*
NOTE: This section does not apply to Board of Education contracts.
N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established,
authorized to be established, or designated by the President of the Senate, the Minority Leader of the
Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to
section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making
expenditures.”
Page 62 of 73
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor
Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein
represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the
Instructions accompanying this form.
_________________________
____________________ ____________________
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all
reportable political contributions (more than $300 per election cycle) over the 12 months
prior to submission to the committees of the government entities listed on the form provided
by the local unit.
 Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar
Amount
$
 Check here if the information is continued on subsequent page(s)
Page 63 of 73
Continuation Page
Required Pursuant To N.J.S.A. 19:44A-20.26
Page ___ of ______
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar
Amount
$
 Check here if the information is continued on subsequent page(s)
Page 64 of 73
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
{County Executive}
County Clerk
Surrogate
Sheriff
Municipalities (Mayor and members of governing body, regardless of title):
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED,
CUSTOMIZABLE FORM.
Page 65 of 73
DOC #10
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:


I certify that the list below contains the names and home addresses of all
stockholders holding 10% or more of the issued and outstanding stock of the
undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding
stock of the undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole
Proprietorship
Limited Partnership Limited Liability Corporation Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder
list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this ___ day of
___________, 2 __.
_________________________________
(Affiant)
(Notary Public)
________________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
Page 66 of 73
Appendix I:
EVALUATION QUESTIONNAIRE/SELF CHECKLIST
Products/Pricing (40 Points)
1. Are all products and services being proposed listed under APPENDIX E on a corresponding
electronic device?
Yes
No
2. Is there a price list for all available products/services on a corresponding electronic device?
Yes
No
3.
Did you provide the warranty information that is offered by your company?
Yes
No
4. Will customers be able to verify they received the contract price?
Yes
No
Please explain how they would verify the contract price.
5. What payment methods do you accept?
A. _______________
B. _______________
1. Did you indicate which states you can deliver to under APPENDIX E, Question 1?
Yes
No
2. What is the capability of your company to respond to emergency orders?
Please explain what actions you would take.
3. Does your company agree to the following statement on shipping charges “All deliveries shall
be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless
otherwise clearly stated in writing.” ?
Yes
No
If not please explain.
4. What is your company’s history of meeting shipping and delivery timelines?
5. Will your company be able to meet the one year warranty guarantee as stated on page 16
under pricing?
Yes
No
If not, please explain.
6. What is your company’s current invoicing process?
7. Did you indicate how your company will implement the contract as per APPENDIX E,
Question 20, and is it appropriate?
Yes
No
8. Did you provide your Dun & Bradstreet number?
Yes
Page 67 of 73
No
9. Did you provide information on your website and on-line ordering capacities as per
APPENDIX E, Question 14?
Yes
No
Qualification and Experience (20 points)
1. What is your company’s reputation in the marketplace?
2. What is the reputation of your products and/or services in the marketplace?
3. Does your company have past experience with Region 4 ESC and/or TCPN members?
If so, please list them and their contact information (Up to five).
4. Did you list your key employees and their qualifications as per APPENDIX E, Question 6?
Yes
No
5. Did you provide the locations and sales persons who will work on the contract as per
APPENDIX E, Question 6 & 7?
Yes
No
6. What past experience does your company have working in the government sector?
7. Did you provide information on working with cooperative purchasing programs as per
Yes
No
8. Did you provide information on any litigation, bankruptcy, reorganization, etc. as per
Yes
No
9. Did you submit at least 10 customer references relating to the products and services within
this RFP, with an equal representation coming from K12, Higher Education and
City/County/non-profits entities as per APPENDIX E?
Yes
No
1. Did you submit a marketing plan as per APPENDIX E, Question 17?
Yes
No
2. Did you provide a national sales training plan as per APPENDIX E, Question 21?
Yes
No
Page 68 of 73
Appendix J:
STATE NOTICE
Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes
Chapter 279A.220, the following public agencies and political subdivisions of the referenced public
agencies are eligible to register with TCPN and access the Vendor Contract award made pursuant to
this solicitation, and hereby given notice of the foregoing request for proposals for purposes of
complying with the procedural requirements of said statutes:
Nationwide:
State of Alabama
State of Hawaii
State of Massachusetts
State of Alaska
State of Idaho
State of Michigan
State of Arizona
State of Illinois
State of Minnesota
State of Arkansas
State of Indiana
State of Mississippi
State of California
State of Colorado
State of Iowa
State of Kansas
State of Missouri
State of Montana
State of
Connecticut
State of Delaware
State of
Kentucky
State of
Louisiana
State of Maine
State of Nebraska
State of Florida
State of Georgia
District of
Columbia
State of
Maryland
State of Nevada
State of New
Hampshire
State of New Jersey
State of New
Mexico
State of New
York
State of North
Carolina
State of North
Dakota
State of Ohio
State of
Oklahoma
State of Oregon
State of
Pennsylvania
State of Rhode
Island
State of South
Carolina
State of South
Dakota
State of
Tennessee
State of Texas
State of Utah
State of Vermont
State of Virginia
State of
Washington
State of West
Virginia
State of Wisconsin
State of Wyoming
Lists of political subdivisions and local governments in the above referenced states/districts may
be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and
http://www.usa.gov/Agencies/Local.shtml
Certain Public Agencies and Political Subdivisions:
Cities, Towns, Villages, and Boroughs including but not limited to:
CITY OF ADAIR VILLAGE
CITY OF ASHLAND
CITY OF AUMSVILLE
CITY OF AURORA
CITY OF BEAVERTON
CITY OF BOARDMAN
CITY OF BURNS
CITY OF CANBY
CITY OF CANYONVILLE
Page 69 of 73
CITY OF CLATSKANIE
CITY OF COBURG
CITY OF CONDON
CITY OF LA GRANDE
CITY OF LEBANON
CITY OF MILL CITY
CITY OF MILWAUKIE
CITY OF MOSIER
CITY OF NORTH PLAINS
CITY OF OREGON CITY
CITY OF PILOT ROCK
CITY OF PORTLAND
CITY OF POWERS
CITY OF RIDDLE
CITY OF SANDY
CITY OF SCAPPOOSE
CITY OF SHADY COVE
CITY OF SHERWOOD
CITY OF ST. PAUL
CITY OF TIGARD, OREGON
CITY OF TUALATIN, OREGON
CITY OF WARRENTON
CITY OF WILSONVILLE
CITY OF WINSTON
LEAGUE OF OREGON CITIES
PORTLAND DEVELOPMENT COMMISSION
CITY OF BATON ROUGE
CITY OF BOSSIER CITY
CITY OF KENNER
CITY OF LAFAYETTE
CITY OF LAKE CHARLES
CITY OF METAIRIE
CITY OF MONROE
CITY OF NEW ORLEANS
CITY OF SHREVEPORT
Counties including but not limited to:
BOARD OF WATER SUPPLY
COUNTY OF HAWAII
MAUI COUNTY COUNCIL
CADDO PARISH
CALCASIEU PARISH
EAST BATON ROUGE PARISH
JEFFERSON PARISH
LAFAYETTE PARISH
LIVINGSTON PARISH
ORLEANS PARISH
PLAQUEMINES PARISH
RAPIDES PARISH
SAINT TAMMANY PARISH
TERREBONNE PARISH
Page 70 of 73
WEST BATON ROUGE PARISH
K-12 including but not limited to:
BEAVERTON SCHOOL DISTRICT
BEND-LA PINE SCHOOL DISTRICT
BROOKING HARBOR SCHOOL DISTRICT NO. 17-C
CANYONVILLE CHRISTIAN ACADEMY
CASCADES ACADEMY OF CENTRAL OREGON
CENTENNIAL SCHOOL DISTRICT
CENTRAL CATHOLIC HIGH SCHOOL
CENTRAL POINT SCHOOL DISTRICT NO.6
CENTRAL SCHOOL DISTRICT 13J
COOS BAY SCHOOL DISTRICT NO.9
COUNTY OF YAMHILL SCHOOLD DISTRICT 29
CULVER SCHOOL DISTRICT
DALLAS SCHOOL DISTRICT NO.2
DAVID DOUGLAS SCHOOL DISTRICT
DAYTON SCHOOL DISTRICT NO.8
DE LA SALLE N CATHOLIC HS
DESCHUTES COUNTY SCHOOL DISTRICT NO.6
DUFUR SCHOOL DISTRICT NO. 29
ESTACADA SCHOOL DISTRICT NO.10B
FOREST GROVE SCHOOL DISTRICT
GLADSTONE SCHOOL DISTRICT
GRANTS PASS SCHOOL DISTRICT 7
GREATER ALBANY PUBLIC SCHOOL DISTRICT
HEAD START OF LANE COUNTY
HIGH DESERT EDUCATION SERVICE DISTRICT
HOOD RIVER COUNTY SCHOOL DISTRICT
JACKSON COUNTY SCHOOL DISTRICT NO.9
JEFFERSON COUNTY SCHOOL DISTRICT 509-J
JEFFERSON SCHOOL DISTRICT
KLAMATH FALLS CITY SCHOOLS
LAKE OSWEGO SCHOOL DISTRICT 7J
LANE COUNTY SCHOOL DISTRICT 4J
LINCOLN COUNTY SCHOOL DISTRICT
LINN COUNTY SCHOOL DISTRICT 95C
LOST RIVER JR/SR HIGH SCHOOL
LOWELL SCHOOL DISTRICT NO.71
MARION COUNTY SCHOOL DISTRICT
MARION COUNTY SCHOOL DISTRICT 103
MCMINNVILLE SCHOOL DISTRICT NOAO
MEDFORD SCHOOL DISTRICT 549C
MITCH CHARTER SCHOOL
MONROE SCHOOL DISTRICT NO.1J
MULTISENSORY LEARNING ACADEMY
MUL TNOMAH EDUCATION SERVICE DISTRICT
NEAH-KAH-NIE DISTRICT NO.56
NESTUCCA VALLEY SCHOOL DISTRICT NO.101
NOBEL LEARNING COMMUNITIES
NORTH BEND SCHOOL DISTRICT 13
Page 71 of 73
NORTH CLACKAMAS SCHOOL DISTRICT
NORTH WASCO CITY SCHOOL DISTRICT 21
NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT
ONTARIO MIDDLE SCHOOL
OREGON TRAIL SCHOOL DISTRICT NOA6
PHOENIX TALENT SCHOOL DISTRICT NOA
PORTLAND JEWISH ACADEMY
PORTLAND PUBLIC SCHOOLS
REDMOND SCHOOL DISTRICT
REYNOLDS SCHOOL DISTRICT
ROGUE RIVER SCHOOL DISTRICT NO.35
ROSEBURG PUBLIC SCHOOLS
SCAPPOOSE SCHOOL DISTRICT 1J
SEASIDE SCHOOL DISTRICT 10
SHERWOOD SCHOOL DISTRICT 88J
SOUTH LANE SCHOOL DISTRICT 45J3
SOUTHERN OREGON EDUCATION SERVICE DISTRICT
SPRINGFIELD SCHOOL DISTRICT NO.19
SWEET HOME SCHOOL DISTRICT NO.55
THE CATLIN GABEL SCHOOL
TIGARD-TUALATIN SCHOOL DISTRICT
WEST LINN WILSONVILLE SCHOOL DISTRICT
YONCALLA SCHOOL DISTRICT NO.32
CADDO PARISH SCHOOL DISTRICT
CALCASIEU PARISH SCHOOL DISTRICT
EAST BATON ROUGE PARISH SCHOOL DISTRICT
JEFFERSON PARISH SCHOOL DISTRICT
LAFAYETTE PARISH SCHOOL DISTRICT
LIVINGSTON PARISH SCHOOL DISTRICT
ORLEANS PARISH SCHOOL DISTRICT
RAPIDES PARISH SCHOOL DITRICT
TERREBONNE PARISH SCHOOL DISTRICT
Higher Education
BIRTHINGWAY COLLEGE OF MIDWIFERY
BLUE MOUNTAIN COMMUNITY COLLEGE
CENTRAL OREGON COMMUNITY COLLEGE
CHEMEKETA COMMUNITY COLLEGE
CLACKAMAS COMMUNTIY COLLEGE
COLUMBIA GORGE COMMUNITY COLLEGE
GEORGE FOX UNIVERSITY
KLAMATH COMMUNITY COLLEGE DISTRICT
LANE COMMUNITY COLLEGE
LEWIS AND CLARK COLLEGE
LINFIELD COLLEGE
LINN-BENTON COMMUNITY COLLEGE
MARYLHURST UNIVERSITY
MT. HOOD COMMUNITY COLLEGE
MULTNOMAH BIBLE COLLEGE
NATIONAL COLLEGE OF NATURAL MEDICINE
NORTHWEST CHRISTIAN COLLGE
Page 72 of 73
OREGON HEALTH AND SCIENCE UNIVERSITY
OREGON UNIVERSITY SYSTEM
PACIFIC UNIVERSITY
PORTLAND COMMUNITY COLLEGE
PORTLAND STATE UNIVERSITY
REED COLLEGE
ROGUE COMMUNITY COLLEGE
SOUTHWESTERN OREGON COMMUNITY COLLEGE
TILLAMOOK BAY COMMUNITY COLLEGE
UMPQUA COMMUNTIY COLLEGE
WESTERN STATES CHIROPRACTIC COLLEGE
WILLAMETTE UNIVERSITY
ARGOSY UNIVERSITY
BRIGHAM YOUNG UNIVERSITY-HAWAII
COLLEGE OF THE MARSHALL ISLANDS
RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII
UNIVERSITY OF HAWAII AT MANOA
State Agencies
BOARD OF MEDICAL EXAMINERS
OFFICE OF MEDICAL ASSISTANCE PROGRAMS
OFFICE OF THE STATE TREASURER
OREGON BOARD OF ARCHITECTS
OREGON CHILD DEVELOPMENT COALITION
OREGON DEPARTMENT OF EDUCATION
OREGON DEPARTMENT OF FORESTRY
OREGON DEPARTMENT OF TRANSPORTATION
OREGON DEPARTMENT OF EDUCATION
OREGON LOTTERY
OREGON OFFICE OF ENERGY
OREGON STATE BOARD OF NURSING
OREGON STATE DEPARTMENT OF CORRECTIONS
OREGON STATE POLICE
OREGON TOURISM COMMISSION
OREGON TRAVEL INFORMATION COUNCIL
SANTIAM CANYON COMMUNICATON CENTER
SEIU LOCAL 503, OPEU
ADMIN. SERVICES OFFICE
HAWAII CHILD SUPPORT ENFORCEMENT AGENCY
HAWAII HEALTH SYSTEMS CORPORATION
SOH-JUDICIARY CONTRACTS AND PURCH
STATE DEPARTMENT OF DEFENSE
STATE OF HAWAII
STATE OF HAWAII
STATE OF HAWAII, DEPARTMENT OF EDUCATION
STATE OF LOUISIANA
STATE OF LOUISIANA DEPARTMENT OF EDUCATION
Page 73 of 73
Table of Contents
Tab 1 - Vendor Contract and Signature Form ....................................................................... 1
Vendor Contract and Signature Form ........................................................................... 1
General Terms and Conditions Acceptance Form ...................................................... 12
Facility Solutions Special Terms & Conditions ........................................................... 19
Acknowledgement and Acceptance of Open Records Policy .................................... 20
Tab 2 - Questionnaire ............................................................................................................. 21
Tab 3 - Company Profile......................................................................................................... 25
Tab 4 - Evaluation Criteria Questionnaire ............................................................................ 46
Tab 5 - Product / Services ...................................................................................................... 52
Product / Services ...................................................................................................... 52
Surety Letter ............................................................................................................... 84
Tab 6 - References .................................................................................................................. 86
Tab 7 - Pricing ....................................................................................................................... 111
Tab 8 - Value Add.................................................................................................................. 112
Tab 9 - Required Documents ............................................................................................... 132
Appendix
Affirmative Action Plan
“This proposal, and any exhibits and attachments hereto, (collectively, this “Proposal”) and any information contained
herein, is the property of Schneider Electric and shall constitute proprietary and confidential information. The party to
whom this Proposal is addressed (the “Receiving Party”) acknowledges the confidential nature of this Proposal and
agrees to take all necessary precautions to ensure the confidential treatment of this Proposal and all information
contained herein. This Proposal is intended solely for the employees, representatives, and agents of the Receiving
Party (the “Receiving Party Representatives”); provided, however, that this Proposal is only to be disclosed to those
Receiving Party Representatives on a “need-to-know” basis. Except for the Receiving Party Representatives, the
Proposal will not be used, copied, reproduced, disclosed or otherwise made available, directly or indirectly, to any
other person, firm, corporation, governmental unit, association or entity, for any purpose whatsoever, without the prior
written consent of Schneider Electric.”
Page 1
Use or disclosure of data contained on this sheet is
subject to the restriction on the table of contents of this proposal
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Appendix D:
GENERAL TERMS & CONDITIONS ACCEPTANCE FORM
Signature on Vendor Contract Signature form certifies complete acceptance of the
General Terms and Conditions in this solicitation, except as noted below (additional
pages may be attached, if necessary).
Check one of the following responses to the General Terms and Conditions:
 We take no exceptions/deviations to the general terms and conditions
(Note: If none are listed below, it is understood that no exceptions/deviations are
taken.)
We take the following exceptions/deviations to the general terms and conditions.
All exceptions/deviations must be clearly explained. Reference the corresponding
general terms and conditions that you are taking exceptions/deviations to. Clearly
state if you are adding additions terms and conditions to the general terms and
conditions. Provide details on your exceptions/deviations below:
(Note: Unacceptable exceptions shall remove your proposal from consideration
for award. Region 4 ESC shall be the sole judge on the acceptance of
exceptions/deviations and the decision shall be final. )
Schneider Electric appreciates the opportunity to work with ESC Region 4/TCPN, as we feel
strongly that a partnership with you can be very beneficial for both of our organizations. After
reviewing a first pass of the General Terms and Conditions, there are some sections that our
corporate legal department identified as needing modification as well as some sections with
requested changes. Schneider Electric prides itself on being able to reach acceptable terms and
would appreciate the opportunity to negotiate any terms that ESC Region 4/TCPN initially
indentifies as an issue.
This proposal/response is submitted subject to and conditioned upon the terms and conditions
being subsequently agreed to between the parties. The mutually agreeable terms should be,
similarly in accordance with the modifications contained in the attached Amendment/Response.
Sections Schneider Electric identified as needing modifications:
11.6 Warranty Conditions:
ESC Region 4 original language: Warranty conditions: All supplies, equipment and services shall
include manufacturer's minimum standard warranty and one (1) year labor warranty unless
otherwise agreed to in writing.
Schneider Electric requests to add to the end: “THE WARRANTIES SET FORTH ABOVE ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES (EXCEPT
WARRANTIES OF TITLE) INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This warranty shall not
Page 38 of 73
Page 12
apply to (a) equipment not manufactured by Contractor, (b) equipment that has been repaired or
altered by other than Contractor so as, in its judgment, to affect the same adversely, or (c)
equipment that has been subject to negligence, accident or damage by circumstances beyond
Contractor's control, or improper operation, maintenance or storage, or other than normal use and
service. With respect to equipment not manufactured by Contractor, the warranty obligations of
Contractor shall in all respects conform to and be limited to the warranty actually extended to
Contractor by its supplier.”
13.3 Indemnity
ESC Region 4 original language: The awarded vendor shall protect, indemnify, and hold harmless
both Region 4 ESC and TCPN 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, including any supplemental agreements with members. Any litigation
involving either Region 4 ESC or TCPN, its administrators and employees and agents will be in
Harris County, Texas. Any litigation involving TCPN members shall be in the jurisdiction of the
participating agency.
On Line 3, Schneider Electric requests to add “brought by third parties” after “expenses”. On Line 5,
we propose to add “to the extent caused by the negligent acts or omissions of Contractor, its
subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may
be liable” after “members”.
Additionally, we would like to add to the end: “Notwithstanding anything to the contrary contained
herein, CONTRACTOR, ITS SUBCONTRACTORS AND SUPPLIERS OF ANY TIER SHALL NOT
BE LIABLE IN CONTRACT, IN TORT, (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR
OTHERWISE FOR LOST TIME, LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER. The remedies of
Region 4 ESC and/or TCPN set forth herein are exclusive where so stated and the total cumulative
liability of Contractor with respect to this Contract or anything done in connection therewith, whether
in contract, in tort (including negligence or strict liability) or otherwise, shall not exceed the contract
price, excluding third party claims for personal injury, death or property damage or as may be
required by law.”
13.6 Certificates of Insurance
ESC Region 4 original language: Certificates of insurance shall be delivered to the Region 4 ESC
participant 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.
Schneider Electric requests to delete the third sentence and substitute with: “In accordance with
ISO ACORD Form 25 (2010/05), should any of the above described policies be cancelled before
the expiration date thereof, notice will be delivered in accordance with the policy provisions.
Furthermore, Contractor shall provide Region 4 ESC at least thirty (30) days’ prior written notice of
the cancellation, non-renewal (without replacement) or material reduction of coverage or limits of
any policy of insurance referred to herein.”
We would also like to provide a link to Schneider’s memorandum of insurance on Marsh’s website,
which should answer any questions Region 4/TCPN may have: www.marsh.com/moi?client=D922
Page 30- Appendix B
Page 13
On Page 30 of the RFP, ESC Region 4 has language that states: Upon receipt of the Owners
Purchase Order provide a bond/insurance policy guaranteeing the agreed upon yearly energy
consumption savings and any required payment and performance bond(s) for the work being done.
Schneider Electric does not typically provide bonds or insurance policies that guarantee yearly
consumption savings. We would appreciate the opportunity to discuss this requirement with you in
hopes that it will be removed from the agreement.
Additionally, Schneider Electric has further language regarding bonds that is a required part of our
contracts and respectfully submitted for your approval: “Notwithstanding any provision to the
contrary herein, any payment and performance bonds associated with this Contract guarantee only
the performance of the installation portion of the Contract, and shall not be construed to guarantee
the performance of: (1) Any efficiency or energy savings guarantees, (2) Any support or
maintenance service agreement, or (3) Any other guarantees or warranties with terms beyond one
(1) year in duration from the completion of the installation portion of the Contract.”
Page 36- Appendix B
On Page 36 of the RFP, ESC Region 4 has language that states: The contractor at his expense
and included as part of overhead will provide adequate insurance coverage meeting at a minimum
the requirements of the State of Arizona. The contractor, if awarded a contract, will provide within
14 days but prior to the commencement of any construction, a certificate of insurance showing that
TCPN has been named as additional insured. If the member has higher insurance than those
requirements, they may be added as an addendum to the purchase order.
On Line 5, Schneider Electric requests to add “but only with respect to liability arising out of
operations of Contractor on behalf of ESC Region 4/TCPN, where required by written contract” after
“insured”.
Additionally, Schneider Electric would welcome the opportunity to discuss modifications to the
following:
5.1 Cancellation for Non-Performance or Contractor Deficiency
ESC Region 4 original language: Region 4 ESC may terminate any contract if Members have not
used the contract, or if purchase volume is determined to be low volume in any 12-month period.
Region 4 ESC reserves the right to cancel the whole or any part of this contract due to failure by
contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a
written deficiency notice to contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the contract;
ii. Providing work and/or material that was not awarded under the contract;
iii. Failing to adequately perform the services set forth in the scope of work and specifications;
iv. Failing to complete required work or furnish required materials within a reasonable amount of
time;
v. Failing to make progress in performance of the contract and/or giving Region 4 ESC reason to
believe that contractor will not or cannot perform the requirements of the contract; and/or
vi. Performing work or providing services under the contract prior to receiving a Region 4 ESC
reviewed purchase order for such work.
Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a
satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may
result in contract cancellation. Upon cancellation under this paragraph, all goods, materials, work,
documents, data and reports prepared by contractor under the contract shall become the property
of the Member on demand.
Schneider Electric requests to add to the end: “provided, however, that nothing herein shall impair
or affect the rights of Contractor with respect to its pre-existing intellectual property rights.”
Page 14
5.2 Termination for Cause
ESC Region 4 original language: If, for any reason, the Vendor fails to fulfill its obligation in a timely
manner, or if the vendor violates any of the covenants, agreements, or stipulations of this contract
Region 4 ESC reserves the right to terminate the contract immediately and pursue all other
applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the
vendor, specifying the effective date of termination. In such event, all documents, data, studies,
surveys, drawings, maps, models and reports prepared by vendor for this solicitation may become
the property of the participating agency or entity. If such event does occur then vendor will be
entitled to receive just and equitable compensation for the satisfactory work completed on such
documents.
Schneider Electric requests that language be added to provide for 5 business days written notice
and an opportunity to cure. Also, Schneider requests to add to the end: “provided, however, that
nothing herein shall impair or affect the rights of Contractor with respect to its pre-existing
intellectual property rights.”
5.3 Delivery/Service Failures
ESC Region 4 original language: Failure to deliver goods or services within the time specified, or
within a reasonable time period as interpreted by the purchasing agent or failure to make
replacements or corrections of rejected articles/services when so requested shall constitute grounds
for the contract to be terminated. In the event that the participating agency or entity must purchase
in an open market, contractor agrees to reimburse the participating agency or entity, within a
reasonable time period, for all expenses incurred.
Schneider Electric requests that language be added to provide for 5 business days written notice
and an opportunity to cure.
5.5 Standard Cancellation
ESC Region 4 original language: 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. Vendor may be requested to provide additional items not
already on contract at any time.
Schneider Electric requests that the following be added: “Contractor shall be paid for all work
performed prior to the date of such termination and any such additional items.”
9.6 Administrative Fees
ESC Region 4 original language: All pricing submitted to Region 4 ESC shall include the
administrative fee to be remitted to TCPN by the awarded vendor.
The awarded vendor agrees to pay administrative fees to TCPN as calculated as follows: (Sales will
be calculated for fiscal year of January 1 through December 31 and reset each year)
st
Page 15
st
Cumulative Annual Sales
Administrative Fee
$0 - $4,000,000
4%
$4,000,001 - $10,000,000
3%
$10,000,001 - $25,000,000
2%
Above $25,000,000
1.5%
If Schneider is selected for a contract with ESC Region 4/TCPN, we would like the opportunity to
negotiate these sliding-scale fees.
13.5 Marketing
ESC Region 4 original language: Awarded vendor agrees to allow Region 4 ESC to use their name
and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name
and logo or any form of publicity, inclusive of press releases, regarding this contract by awarded
vendor must have prior approval from Region 4 ESC.
Schneider Electric requests to add to the end of the first sentence: “once approval from awarded
vendor has been provided.”
Page 16
TCPN Certified Proposal Number Process
•
Email all requests for Certified TCPN Proposal Numbers to [email protected]
•
All proposal numbers requests must be submitted and a proposal number received
before you present it to your potential customer.
•
You will have a response with a Certified TCPN Proposal Number within 24 hours.
•
If you have an emergency and need a proposal number sooner, please call any member
of the Facility Management team and we will help you.
•
Simply send an email that states the following:
o Contract # (only if you hold more than one contract)
o City/State
o Official Name of Entity
•
Include the proposal number and TCPN Official Contract Holder seal of approval on all
proposals. Feel free to use the attached form for your convenience.
Page 39 of 73
Page 17
Proposal #
Dear
Valued
Member/User:
TCPN
We appreciate your consideration in accessing and using a TCPN-awarded
contract. As you are aware, we take each and every awarded vendor
through a very transparent and competitive process. We continue to look for
methods to better serve our customer. We have recently implemented a program
where all Facility Contract holders must register and receive a Certified TCPN
Proposal Number that must be displayed prominently on the proposal(s) you are
to receive. We feel this ensures compliance and adherence to the terms and
conditions under the contract awarded to
TCPN is tracking Facility transactions from the initial proposals to the completion
of projects. In receiving this proposal, we ask you to verify that the Certified
TCPN Proposal Number is included.
TCPN has assembled a specialized Facilities Management Team that stands
ready and willing to verify and support our vendors in performing and meeting all
obligations of services and duties promised to your organization. Please see
our website at www.tcpn.org to contact our team members in serving your needs.
Thank you for your potential business and remember to only accept proposals
with a
Certified TCPN Proposal
Number. Sincerely,
The TCPN Facilities Management
Team
Page 40 of 73
Page 18
Page 19
Page 20
Questionnaire
Please provide responses to the following questions that address your company’s operations,
organization, structure and processes for providing products and services.
1. States Covered
Bidder must indicate any and all states where products and services can be offered.
50 States & District of Columbia (Selecting this box is equal to checking all boxes below)
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
All U.S. Territories & Outlying Areas (Selecting this box is equal to checking all boxes below)
Northern Marina Islands
American Samoa
Puerto Rico
Federated States of Micronesia
U.S. Virgin Islands
Guam
Midway Islands
2. Minority and Women Business Enterprise (MWBE) and (HUB) Participation
It is the policy of some entities participating in TCPN to involve minority and women business
enterprises and historically utilized businesses (HUB) in the purchase of goods and services.
Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
Page 21
a. Minority/Women Business Enterprise
Respondent certifies that this firm is an M/WBE
Yes
No
b. Historically Underutilized Businesses
Respondent certifies that this firm is a HUB
Yes
No
3. Residency
Responding Company’s principal place of business is in the city of
Carrollton
State of
Texas
4. Felony Conviction Notice
Please check applicable box:
A publicly held corporation; therefore, this reporting requirement is not applicable.
Is not owned or operated by anyone who has been convicted of a felony.
Is owned or operated by the following individual(s) who has/have been convicted of a felony.
•
If the 3rd box is checked, a detailed explanation of the names and convictions must be
attached.
5. Processing Information
Company contact for:
Contract Management
Contact Person:
Title:
Vince Zubicek
Sales Team Leader
Company:
Address:
City:
Houston
State:
Phone:
(214) 649-8323
Email:
[email protected]
Fax:
Texas
Zip:
77079
Zip:
75006
(713) 975-9966
Billing & Reporting/Accounts Payable
Contact Person:
Title:
Page 22
Silvia Yeager
Business Unit Accountant
Company:
Address:
1650 West Crosby Road
City:
Carrollton
Phone:
(972) 323-4712
State:
Email:
[email protected]
Fax:
Texas
(972) 323-5498
Marketing
Contact Person:
Title:
Heather Brown
Senior Marketing Specialist
Company:
Address:
1650 West Crosby Road
City:
Carrollton
State:
Phone:
(972) 323-5332
Email:
[email protected]
Fax:
Texas
Zip:
75006
(972) 323-3070
6. Distribution Channel: Which best describes your company’s position in the distribution channel:
Manufacturer direct
Authorized distributor
Value-added reseller
Certified education/government reseller
Manufacturer marketing through reseller
Other __________________________
Schneider Electric is a direct provider of Energy Performance Contracting Services and energy
savings guarantees. When the need exists on specific projects, Schneider provides equipment from
other manufacturers and subcontracts specific services for our projects.
7. Pricing Information

In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future
Yes
No
product introductions at prices that are proportionate to Contract Pricing.
(If answer is no, attach a statement detailing how pricing for TCPN participants would be
calculated.)

Pricing submitted includes the required TCPN administrative fee.
(Fee calculated based on invoice price to customer)

Additional discounts for purchase of a guaranteed quantity?
Page 23
Yes
Yes
No
No
8.
Cooperatives
List any other cooperative or state contracts currently held or in the process of securing
Cooperative/State Agency
Discount
Offered
Expires
TIPS
Varies
Annually
Annual
Sales
Volume
$1.2M
ESC Region 7
Varies
Annually
$1.67M
ESC Region 1
Varies
Annually
$397K
TCPN (Serves other functions of Schneider’s
business) R5169, R5191, and R5185 (Summit
Energy Services)
Varies
~$700,000
GSA (Serves other functions of Schneider’s business)
Varies
R5169
4-30-2015
R5191
6-30-2015
R5185
6-30-2015
9-15-2015
Page 24
~$2,000,000
Company Profile
Please provide the following:
1. Company’s official registered name.
2. Brief history of your company, including the year it was established.
Schneider Electric is a public corporation that was established in 1836 by two brothers, Eugène and
Adophe Schneider. Starting with our roots in the iron and steel industry, heavy machinery, and ship
building, we moved into electricity and automation management. Over the past 176 years, Schneider
Electric has grown to be a global specialist in energy management with operations in 111
countries, more than 137,000 employees, and sales of over $29.7 billion in 2011.
Over the past 25 years, Schneider Electric has obtained employees with decades of energy
management knowledge and experience through the worldwide acquisitions of a multitude of
companies including: Summit Energy, TAC, Andover Controls, Invensys, Square D, Juno Lighting
Group, Pelco, APC, and Abacus Engineered Systems.
Schneider Electric offers integrated solutions across multiple market segments, including leadership
positions in energy and infrastructure, industrial processes, building automation, and data
centers/networks, as well as a broad presence in residential applications. Schneider Electric
maintains an active commitment to help individuals and organizations “Make the most of their
energy.”
3. Company’s Dun & Bradstreet (D&B) number.
15-469-5530
4. Corporate office location.
Schneider Electric SA
World Headquarters
43-45, boulevard Franklin-Roosevelt
F-92500 Rueil-Malmaison Cedex (France)
Schneider Electric
Buildings Business Americas Headquarters
1650 W. Crosby Rd.
Carrollton, Texas 75006
5. List the total number of sales persons employed by your organization within Arizona, broken
down by public market (Higher Education, K-12, City, County and State).
Schneider Electric has 125 sales personnel and sales management employed within the different
entities nationwide. They are broken out below and include the following markets: K-12, Higher Ed,
Municipalities, State Agencies, and Private Sector.
•
•
•
Page 25
Summit Energy Services Sales: 67
PMO (Power) Sales: 12
Energy Solutions Sales: 46
6. List the number and location of offices. Additionally, list the names of key contacts at each
location with title, address, phone and e-mail address.
Schneider Electric has offices at the following locations. At this stage, Vince Zubicek will continue to
be the main contact for TCPN members. Please refer to the next question (7) for his contact
information.
Location
Address
Suite
City
Abilene, TX
4400 Buffalo Gap Rd
3850
Abilene
TX
Austin, TX
2433 Rutland Dr
150
Austin
TX
Birmingham, AL
10 Inverness Center
125
Birmingham
AL
Boston, MA
300 Brickstone Square
Andover
MA
Charlotte, NC
7575 Westwind Blvd
Concord
NC
Homewood, IL (Chicago)
17475 Palmer Blvd
Homewood
IL
Columbus, OH
777 Brooksedge Plaza Dr
Westerville
OH
Dallas, TX
1650 W. Crosby Rd
Carrollton
TX
East Longmeadow, MA (home)
42 Stonehill Rd
East Longmeadow
MA
Harrisburg, PA
4431 North Front St
100
Harrisburg
PA
Houston, TX
10669 Richmond, Bldg 6
160
Houston
TX
Houston, TX
12121 Wickchester Blvd
400
Houston
TX
Jackson, MS
3003 Lakeland Cove
D
Flowood
MS
Kansas City, KS
15200 Santa Fe Trail Drive
204
Lenexa
KS
LaVergne, TN
295 Tech Park Dr
100
LaVergne
TN
Little Rock, AR
900 S Shackleford
300
Little Rock
AR
Costa Mesa, CA (LA)
1660 Scenic Avenue
Costa Mesa
CA
Nashville, TN
1010 Airpark Center Dr
Nashville
TN
Oklahoma City, OK
5100 N. Brookline
Oklahoma City
OK
Philadelphia, PA (home)
3827 Terrace St
Philadelphia
PA
Pittsburgh, PA (home)
2501A Sidney St
Pittsburgh
PA
Portland, OR
10121 SE Sunnyside Rd
120
Clackamas
OR
Raleigh, NC
2600 Perimeter Park Dr
150
Morrisville
NC
Richmond, VA
1100 Boulders Parkway
702
Richmond
VA
Rockville, MD
2275 Research Blvd
500
Rockville
MD
Sacramento, CA
3336 Bradshaw Rd
280
Sacramento
CA
Salt Lake City, UT
1751 S. 4800 West
Salt Lake City
UT
San Antonio, TX
1077 Central Pkwy South
200
San Antonio
TX
San Diego, CA
10805 Thornmint Rd
140
San Diego
CA
Seattle, WA
95 S. Jackson
300
Seattle
WA
Page 26
C
440
State
Secaucus, NJ
210 Meadowlands
Secaucus
NJ
St Louis, MO
801 Corporate Center Dr
St Louis
MO
Stoney Point, NY (home)
2 Nasuti Dr
Stoney Point
NY
Tulsa, OK
3840 S. 103 East Ave
208
Tulsa
OK
Walker, LA
27999 Old S. Walker Rd
G
Walker
LA
7. Please provide contact information for the person(s) who will be responsible for the following
areas, including resumes:
a. Sales
b. Sales Support
c. Marketing
d. Financial Reporting
e. Executive Support
At this point in the process, Vince Zubicek will be the contract for all areas listed above. As Vince
designates any responsibility, he will communicate the contact information for that respective person.
Please see the following page for Vince’s resume.
Vince Zubicek, Sales Team Leader
Houston, TX 77079
Phone: (214) 649-8323
Email: [email protected]
Page 27
Request for Qualifications (RFQ)
Vince Zubicek, CEM
Sales Team Leader
Responsibilities and
Expertise
Primary duties include developing customer relations for
energy conservation projects, serving as the main
contact within Schneider Electric to insure the proper
implementation of the energy conservation measures,
assisting in the financing of projects, and conducting
preliminary energy audits of facilities for project
feasibility.
Schneider Electric
Austin, Texas
2000 - present
Team Leader for Schneider Electric’s efforts with K-12
school districts in the State of Texas.
Responsible for the development and execution of
business plans for Schneider Electric’s key markets in
the states of Texas and Alabama.
Responsible for the growth and development of
Schneider Electric account executives in the state of
Texas and Alabama.
Representative
Project Highlights
Professional
Certifications
Education
and Training
Page 28
•
•
•
•
•
•
•
•
•
•
•
•
•
Wynnewood Public Schools, OK
Madill Public Schools, OK
City of Abilene, Texas
City of Elgin, Texas
City of Seguin, Texas
Coastal Bend College, Texas
Denton County, Texas
Bandera ISD
Bay City ISD
Bowie ISD
El Campo ISD
Elgin ISD
Health and Human Services
Commission, Texas
• Huffman ISD
• Yoakum ISD
• Alabama Department of Mental
Health – Greil Hospital
• Searcy Hospital
• Taylor-Hardin Secure Medical
Facility
• North Alabama Regional Hospital
• Bryce Hospital
• Partlow Development Center
• Montgomery County, Alabama
• Liberty Hill ISD
• Luling ISD, Phases I and II
• Navarro ISD
• Tarkington ISD
• Thrall ISD
• Uvalde CISD
• Texas Department of Public Safety
• Certified Energy Manager
• Association of Energy Engineers
• Energy Services Coalition
•
•
•
•
•
•
B.B.A. Management, Texas Christian University, 2000- Cum Laude
TAC Vista Open Systems Training
Passed Certified Energy Managers Exam, 2002
Americas Management Development Program I and II
Schneider Electric Team Leader- Alabama
Schneider Electric Team Leader- Texas
8. Define your standard terms of payment.
Schneider Electric’s standard payment terms are Net 30.
9. Who is your competition in the marketplace?
Traditionally, Schneider Electric competes against companies like Siemens, Honeywell, Johnson
Controls, Chevron, PEPCO, and Entegral Solutions.
Schneider Electric is an energy management specialist operating in over 110 countries worldwide.
The Energy Solutions Division has been providing performance contracting services since 1992 and
has implemented approximately 460 projects nationwide within multiple vertical markets.
Schneider Electric is a premier provider of performance contracting solutions for public entities in
many states across the US, and we have had great success in providing these solutions nationwide.
Schneider Electric has built its market position through approximately 170 projects in the State of
Texas alone, so we share Texas roots with TCPN. Please see TAB 4 and TAB 6 for additional
information on our market presence and our references.
10. Overall annual sales for last three (3) years; 2009, 2010, 2011
For Schneider Electric Buildings Americas:
•
•
•
2009 – $481,299,000
2010 – $538,884,000
2011 – $575,993,000
Schneider Electric Revenue
2011 - $29.7B
2010 - $27B
2009 - $21.6B
Contract values for Performance Contracting Sales
2011 - $131 Million
2010 - $188.9 Million
2009 - $100 Million
11. Overall public sector sales, excluding Federal Government, for last three (3) years; 2009, 2010,
2011
•
•
•
2009 – 60%
2010 – 60%
2011 – 65%
12. What is your strategy to increase market share?
Schneider Electric deploys several methods to increase our market share in key markets.
summary those methods include:
•
Page 29
In
Organic Growth – Utilizing our existing sales channels that support the sales territories we
actively pursue competitive bid, negotiated, and sole source opportunities where business is
captured on a transactional basis.
•
Alliances – Aligning our offerings with other companies that have complementary offerings
like IBM, Cisco, and HP, as well as alliances with local and uniquely qualified subcontractors.
•
Acquisitions – Acquiring companies that have similar offerings and offerings that
complement our current portfolio. This method enables Schneider Electric to increase our
product offering to clients while still maintaining a competitive position in the market.
•
Cross Business Collaboration – Working with sister organizations allows us to provide our
collective clients additional services. Through our integration business this empowers our
customers with greater control, improve operations, and reduced expenditures.
13. What differentiates your company from competitors?
We believe our greatest asset is our commitment to our employees and clients. This single trait helps
us to stand alone in the competitive market. Specifically as it relates to this opportunity our ability to
provide competitive solutions that will enable the TCPN Members to realize comprehensive energy
efficiency solutions while they are allowed to focus on their day-to-day business
We also feel very strongly that our reference base, particularly our local (Texas) reference base,
differentiates us from our competition. Please see TAB 6 for more information on our references.
14. Provide information regarding if your firm, either presently or in the past, has been involved in
any litigation, bankruptcy, or reorganization.
Schneider Electric has not been involved in any litigation regarding its ESCO business. More
specifically, Schneider Electric has a crystal clear litigation track record on over 460 ESPC projects
nationwide and had not been named as a defendant by any customer with respect to an ESPC
project. Schneider Electric is not involved in any bankruptcy or reorganization.
Marketing / Sales
17. Detail how your organization plans to market this contract within the first 90 days of the award
date. This should include, but not be limited to:
a.
b.
c.
d.
e.
f.
g.
A co-branded press release within first 30 days
Announcement of award through any applicable social media sites
Direct mail campaigns
Co-branded collateral pieces
Advertisement of contract in regional or national publications
Participation in trade shows
Dedicated TCPN and Region 4 ESC internet web-based homepage with:
i. TCPN and Region 4 ESC Logo
ii. Link to TCPN and Region 4 ESC website
iii. Summary of contract and services offered
iv. Due Diligence Documents including; copy of solicitation, copy of contract and any
amendments, marketing materials
Upon the award of a contract, we will assemble a team who will work with TCPN, led by Vince
Zubicek, to identify an approach to address the above details. Please see the following example of
Schneider Electric’s marketing plan with the University of North Texas.
Page 30
UNT Smart Campuswide Energy Savings Project
The University of North Texas and Schneider Electric are
implementing a three-year campuswide energy savings project, which
will: increase energy efficiency on campus with no financial impact to
students or programs; reduce energy costs by 17% and water usage
by 15%; educate students and the community about environmental
conservation.
Schneider Electric’s Marketing and PR teams worked with UNT
Facilities and UNT Branding to create an identity for the 3-year project
and communicate the positive impacts of this project to the campus
community and to the city of Denton, TX.
Behind the Scenes
• Created UNT SMART identity and logo. (SMART stands for Save, Measure, Achieve, Reduce,
Track)
•
Created www.smartenergy.unt.edu with project information including highlights, schedule, phase
map and FAQs
•
Created a Project Definitions document to explain the types of materials, equipment and
processes to be expected to complete the UNT SMART project
•
Wrote press release and managed the news coverage for the story
•
UNT client testimonial video discussing the first performance contract which saved UNT over
$14M and the upcoming Project Two.
•
Wrote a segment of the university’s President’s speech announcing the project to the campus
community
•
Created a UNT project profile explaining UNT’s and Schneider Electric’s 16-year relationship
On Campus
• Project storyboard mounted at Schneider Electric construction site
•
Hosted a booth during UNT’s Earth Week to answer any questions the campus community had
about the project
•
UNT SMART/Schneider Electric branded golf carts to transport the construction team
•
UNT SMART/Schneider Electric branded construction signage
•
Coming soon – on-site energy consumption kiosks showing a real time energy use dashboard
•
Coming soon – Net-Zero energy lab built on campus with Schneider Electric donated controls
See examples of more deliverables on the next page…
UNT Project Logo
Page 31
UNT Project Storyboard
UNT Project Website
Page 32
UNT Project Profile
UNT Golf Cars and Construction
Si
18. Describe how your company will demonstrate the benefits of this contract to eligible entities if
awarded.
Schneider Electric will demonstrate the benefits of this contract in a variety of ways including
communication in customer meetings, at trade shows, through marketing and communication efforts,
as well as anything developed and agreed upon as a result of communications with the TCPN
member after award of a contract.
19. Explain how your company plans to market this agreement to existing government customers.
Schneider Electric maintains an active database of clients within our CRM system which is broken
down by vertical market as well as geographical location. This database can provide a list of end user
clients to whom Schneider Electric can provide tailored information.
20. Provide a detailed 90-day plan describing how the contract will be implemented within your
firm.
An example of 90-day Kick-off Plan is listed below. Again, this will be discussed between Schneider
Electric and the client so that it can be created specifically to the customer needs.
•
Week 1: Internal communications to the primary stake holders. This would be done via email
give the amount of contacts. This communication would include:
9 Announcement of award
9 Ownership action items
9 Scheduling of webex session
• Weeks 2-4: Internal roll out to the sales channels. For this endeavor, Schneider Electric would
host various webex sessions for internal messaging and would ask that a TCPN representative
participate to support any specific questions.
• Weeks 5-6: The focus would be on developing contact lists for current end user clients who
would benefit from the contract and the development of a webex session to support end user
communications.
• Week 7: The focus would be on contacting those end user clients with invitations to the webex
session(s).
• Weeks 8-10: Deliver the webex session(s) with end user clients. For this event, we would ask
that a TCPN representative be present to support any end user questions.
• Weeks 11-12: Follow-up with opportunities.
21. Describe how you intend on training your national sales force on the TCPN agreement.
Schneider Electric will use a train-the-trainer approach. The sales team member who has the
relationship with TCPN and knowledge of the contract would communicate the message to the other
sales channels. In the case of this contract, Vince Zubicek will lead the effort, and will draw from
Steve Turney’s experience in working with TCPN in order to effectively communicate our mission and
partnership with TCPN.
22. Acknowledge that your organization agrees to provide its company logo(s) to Region 4 ESC
and agrees to provide permission for reproduction of such logo in marketing communications
and promotions.
Yes. Schneider Electric will provide Region 4 ESC with the appropriate logo(s) and permission to
reproduce in marketing and communication promotions.
Page 33
23. Provide the revenue that your organization anticipates each year for the first three (3) years of
this agreement.
$ 6 million
$ 20 million
$ 30 million
In year one
In year two
In year three
Administration
24. Describe your company’s implementation and success with existing cooperative purchasing
programs, if any, and provide the cooperative’s name(s), contact person(s) and contact
information as reference(s).
The following information is for successful implementation of cooperative purchasing programs with
the Schneider Electric Energy Solutions Division. The programs have been successful due to our
products and services listed, geographical coverage, and the knowledge of the solutions and
experience needed to support these clients. Please also note that Schneider Electric also holds
multiple contracts with TCPN as well.
TIPS:
Kim Thompson, Administrator
Phone: (866) 839-8477
2230 North Edwards Avenue
Mount Pleasant, TX 75455
Region One:
Marc D. Garcia, Purchasing Specialist,
Phone: (956) 984-6178
1900 W. Schunior
Edinburg, TX 78541
Region 2:
Olga Paull, Purchasing Agent
Phone: (800) 891-6403
209 North Water Street
Corpus Christi, TX 78401
Region 7:
Amanda Peery, Secretary
Phone: (903) 988-6786
1909 N. Longview Street
Kilgore, TX 75662
25. Describe the capacity of your company to report monthly sales through this agreement.
Schneider Electric has the capacity to track and report sales in various ways. Upon award of contract,
Schneider Electric can discuss with the TCPN member what information is needed and the details of
who it needs to be communicated.
26. Describe the capacity of your company to provide management reports, i.e. consolidated
billing by location, time and attendance reports, etc. for each eligible agency.
Page 34
Our construction and PASS departments adhere to strict reporting guidelines on our projects. As
such, Schneider Electric is capable of providing any type of reporting that is requested by TCPN and
mutually agreed to by TCPN and Schneider Electric.
27. Please provide any suggested improvements and alternatives for doing business with your
company that will make this arrangement more cost effective for your company and
Participating Public Agencies.
Schneider Electric appreciates the opportunity to work with TCPN, as we feel strongly that a
partnership with you can be very beneficial for both of our organizations. If we are selected for a
contract with TCPN, we would like the opportunity to discuss a sliding scale-type plan for assessing
TCPN’s administrative fees on Schneider performance contracts.
Green Initiatives
We’re committed to build sound contracting solutions to aid the environment. As our
business grows, we want to make sure we minimize our impact on the Earth's climate. So
we’re taking every step we can to implement innovative and responsible environmental
practices throughout Region 4 ESC to reduce our carbon footprint, reduce waste, promote
energy conservation, and ensure efficient computing and much more. To that effort, we ask
respondents to provide their companies environmental policy and/or green initiative.
28. Please provide your company’s environmental policy and/or green initiative.
Schneider Electric is extremely committed to building a cleaner and greener future for today’s
generation as well as future generations. We pride ourselves on our Green Initiatives and our Green
policies can be seen throughout our global organization. Our desire is to be a more gentle and kind
organization to our common planet. This is evidenced in our corporate values and statements.
Below is a direct link to our website that details our Sustainable Governance and on the next page is
the Environmental Policy for Schneider Electric.
http://www2.schneider-electric.com/sites/corporate/en/group/sustainable-development-andfoundation/sustainable-governance/sustainable-governance.page
Other initiatives within our organization that support our commitment to Green include:
•
•
•
•
•
Page 35
Going paperless wherever possible.
Tracking carbon footprint for employees who travel.
LEED AP certifications for any interested employee.
Virtualized solutions resulting in less equipment needing to be installed.
Cloud based video storage resulting in less equipment needing to be installed or manufactured.
2
Page 36
Vendor Certifications (if appolicable)
29. Provide a copy of all current licenses, registrations and certifications issued by federal, state
and local agencies, and any other licenses, registrations or certifications from any other
governmental entity with jurisdiction, allowing respondent to perform the covered services
including, but not limited to licenses, registrations or certifications. Certifications can include
applicable M/WBE, HUB, and manufacturer certifications for sales and service.
Not only does Schneider Electric build our business through our knowledge, expertise and
experience, we are also successful due to our ethical leadership, our dedication to customers, and
our passion for energy conservation.
NAESCO
While our technical qualifications allow us to continuously provide
successful solutions, our true definitive quality is our passion for
our work. Schneider Electric is certified by the U.S. Department of
Energy as an Energy Services Company (ESCO) and is an active,
certified member by the National Association of Energy Services
Companies (NAESCO). We are driven by performance and project
challenge and are eager to focus our passion on your facilities.
Clinton Climate Initiative
Schneider Electric was chosen as one of the energy service companies
(ESCOs) to participate in a landmark program designed to reduce
energy consumption and improve efficiency in existing buildings in the
world's largest, most energy demanding cities. Schneider Electric has
been tasked with conducting energy audits, performing building retrofits,
and guaranteeing the energy savings of the retrofit projects. Schneider
Electric is currently participating in the Energy Efficiency Building Retrofit Program, the first project of
CCI’s C40 Large Cities Climate Summit. The project brings together five of the world’s largest
banks, and sixteen of the world’s largest cities, in a landmark program designed to reduce energy
consumption in existing buildings. In addition, Schneider Electric is a silver level sponsor of the
American College and University Presidents Climate Commitment.
Energy Star Information
Developed as a joint program between the U.S. Environmental Protection
Agency (EPA), and the U.S. Department of Energy (DOE), Energy Star is a
national symbol for protecting the environment through energy efficiency. The
program provides an innovative energy performance rating system that
compares the energy usage and intensity of buildings. A Schneider Electric
employee worked for the consulting firm that administered the Energy Star
Label program for the Department of Energy.
Schneider Electric Energy Solutions is a registered partner with Energy Star. For Schneider Electric,
Energy Star provides a benchmarking tool where the existing conditions of a building can be
compared against a large database of buildings. From this, Schneider Electric can illustrate the
impact of the building’s current operations, how this compares to similar facilities, and to what degree
the proposed energy conservation measure can affect the overall energy usage.
Page 37
Schneider Electric is also an approved performance contractor for the Department
of Energy and the Department of Defense. Schneider Electric was the first
performance contracting firm contracted by the Federal Government’s General
Services Administration (GSA) to list its products and services on the GSA buying
schedule. Clients are able to purchase performance-based projects from the
services that Schneider Electric lists in the GSA contract.
Active Memberships
Schneider Electric is an active member of the
following organizations:

Energy Star (registered partner)
United States Green Building Council
(USGBC)
American College and University Presidents Climate Commitment (gold level sponsor)
Clinton Climate Initiative (approved performance contractor)
Department of Energy (approved performance contractor)
Department of Defense (approved performance contractor)
National Association of Energy Services Companies (NAESCO)
Government’s General Services Administration (first performance contractor)
Green Building Certification Institute (GBCI)
Awards and Recognitions
Schneider Electric has been recognized consecutively in 2011 and 2012 as
a World’s Most Ethical Company Honoree. The World’s Most Ethical
Company designation is awarded to companies that have leading ethics
and compliance programs as well as that demonstrate real and sustained
ethical leadership within their industries. The honorees truly go beyond
making statements about doing business “ethically” and translate those
words into action. To read more: http://ethisphere.com/wme
Schneider Electric is a company of the highest ethical standards, and we
repeatedly exceed customers’ expectations. Kaiser Permanente can be assured that Schneider
Electric will deliver on its promises.
Also in 2012, Schneider Electric was the large corporation winner of the Zayed
Future Energy Prize which is awarded to companies who have made a significant
positive impact on the world’s environment with their multitude of solutions such as
finding innovative solutions to conserve energy, cut greenhouse gas emissions,
and increase the production of clean, renewable energy. As Schneider Electric
continues to make advances in energy over the coming years and decades, the
Zayed Future Energy Prize is there to recognize and honor us.
The National Safety Council awarded the 2011 Green Cross for Safety Medal to
Schneider Electric North America recognizing our company’s outstanding achievements in workplace
and off-the-job safety and health, community service, environmental stewardship, and responsible
citizenship. Schneider Electric is the first organization to receive both the NSC Green Cross for Safety
Medal and the Robert W. Campbell Award. The Robert W. Campbell Award was presented in 2009
for extending our safety systems and culture beyond the walls of the organization into the
communities in which we operate.
Page 38
Schneider Electric Buildings Business Americas, Inc. was awarded the ISO 9001:2008 Management
System Certificate on November 13, 2009 by Det Norske Veritas Certification Inc. for the
“development, design, execution and project management of performance contracting construction
projects to improve the performance of the building envelope, mechanical systems, electrical
systems, plumbing systems, and/or automation systems.”
Schneider Electric, has been named European Building Technologies Company of the Year for 2007
by Frost & Sullivan. The Frost & Sullivan Award for Company of the Year is presented to the
company that has demonstrated unparalleled excellence - including business development,
competitive strategy, customer satisfaction, and leadership - within its industry.
Schneider Electric was chosen for this award due to a number of positive attributes:
We exhibit outstanding management and consistent growth.
We offer high quality products and services.
We have a positive social and economic impact on local and national communities.
We provide high caliber customer service offerings and performance.
We have proven expertise in taking advantage of market changes by capturing and
solidifying market presence, and execute innovative strategies within the existing competitive
landscape are the other hallmarks of the award recipient.
Please see the following applicable certifications for Schneider Electric’s performance contracting
division.
The Buildings Business of Schneider Electric is registered to do business in the vast majority of the
states included in this solicitation. Should we pursue a project in a state where we are not currently
registered, we would follow the appropriate processes to obtain registration. The registration
numbers for each state are as follows:
State
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Illinois
Indiana
Iowa
Kansas
Louisiana
Maine
Maryland
Massachusetts
Michigan
Mississippi
Page 39
Registration Number
922-712
73183-F
F09529060
7039041
708952
20121353610
0676202
2007221830
F07000003044
J822291
30509F1
61684727
Corp Name
A02251431
2986149
34566639 F
20090665 F
0000935239
000907403
649 956
00698505
Missouri
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Page 40
F00493699
10022806
NV20071402383
609503
0095267
2145555
1308881
0398914
30877500
1110845
2300541152
614092-81
3328154
M104177
FB035702
0281934
1752066352100
5886713-0143
No Number Given
2705072744A
SCHNEEB919QT
99FN7
1149816
222930
Page 41
Page 42
Page 43
DET NORSKE VERITAS
MANAGEMENT SYSTEM CERTIFICATE
Certificate No. 65738-2009-AQ-USA-ANAB
This is to certify that
at
1650 W. Crosby Road, Carrollton, TX 75006 USA
Additional Location:
Site Address
Site City
Site State
Site Main Activities
1100 Boulders Parkway
Richmond
VA 23225
Mgmt., Internal Audits, HR, Sales, Design, Purchasing,
Material Handling, Operations, PASS (Service)
has been found to conform to the Management System Standard:
ISO 9001:2008
This Certificate is valid for the following product or service ranges:
THE DEVELOPMENT, DESIGN, EXECUTION, AND PROJECT
MANAGEMENT OF PERFORMANCE CONTRACTING CONSTRUCTION
PROJECTS TO IMPROVE THE PERFORMANCE OF THE BUILDING
ENVELOPE, MECHANICAL SYSTEMS, ELECTRICAL SYSTEMS,
PLUMBING SYSTEMS, AND/OR AUTOMATION SYSTEMS
Initial Certification date:
Place and date:
November 13, 2009
Houston, Texas, November 13, 2009
This Certificate is valid until:
for the Accredited Unit:
DET NORSKE VERITAS
November 13, 2012
CERTIFICATION INC., HOUSTON TEXAS
The audit has been performed under the
supervision of
Bob Bliobenes
Rudy Frueboes
Lead Auditor
Management Representative
Lack of fullfillment of conditions as set out in the Certification Agreement may render this Certificate invalid.
to the Inc.
restriction
on the Drive,
table of
contents
this proposal
HEAD OFFICE: Det Norske Veritassubject
Certification,
1400 Ravello
Katy,
Texas of
77449.
TEL: (281) 396-1000. FAX: (281) 396-1903
Page 44
Page 45
Evaluation Criteria Questionnaire
Products (40 Points)
1. Are all products and services being proposed listed under Appendix E on a corresponding electronic
device? Yes
No
2. Is there a price list for all available products/services on a corresponding electronic device?
Yes
No
3. Did you provide the warranty information that is offered by your company?
Yes
No
4. Will customers be able to verify they received the contract price?
Yes
No
Please explain how they would verify the contract price.
Schneider Electric has and will continue to make the contract pricing available to any and all clients
who request it. This will be provided in an electronic format.
5. What payment methods do you accept?
N30
1. Did you indicate which states you can deliver to under Appendix, E, Question1?
Yes
No
2. What is the capability of your company to respond to emergency orders?
Please explain what actions you would take.
As a manufacturer and a systems integrator of multiple products, Schneider Electric is able to
respond to emergency orders for our projects. Within our service department, we maintain localized
materials and products to support our clients.
Additionally, implementing a performance contract often presents unique challenges that require
precise planning and execution. See the following chart for some examples of how Schneider
Electric handles these challenges.
Page 46
Design/Construction
Administration Challenge
Solution
HHSC has multiple phases at different
stages with repayment requirements to
TPFA for the financing. Design and
construction have to be closely
coordinated so that sufficient savings
are generated to meet the annual
TPFA payment due on August 1. The
merger of TDMHMR into HHSC on
9/1/04 complicated the project.
Schneider Electric has taken a very proactive
approach to communication and scheduling at
all levels of the HHSC organization. Three
processes that have contributed are:
 Facilitated Partnering Workshops
At each stage of the project, Schneider
Electric organizes a partnering workshop,
facilitated by a consultant, with all
stakeholders.
 Multi-level Communication Plan
Schneider Electric communicates with
HHSC from senior management in Austin to
managers at each of the state schools and
hospitals. Some of the topics include
statutory requirements, benefits to HHSC
both in Austin and the sites, and updates on
changes in the energy industry.
 Authorities and Responsibilities Guideline
Schneider Electric and HHSC have jointly
developed a set of guidelines for managing
the day-to-day construction activities that
expedite the construction process.
Converting a university campus from
central steam generated chilled water
to electric chillers. Designing a chilled
water loop and installing it over 18
months.
Communicated effectively with the university to
coordinate location and sequencing of
excavation in order to minimize disruption to the
campus traffic, as well as the landscape.
University of
North Texas
Implementing the Energy Management
System over the university’s existing LAN
Schneider Electric worked with UNT and
Schneider Electric’s software engineering to
develop and implement a beta test and utilized
UNT as the beta site for the new generation of
Schneider Electric control systems.
University of
North Texas
Health Science
Center – Fort
Worth
Changing the chillers out in occupied
medical research facility with no ability
to shut down due to long running
experiments
Schneider Electric worked with the university to
interconnect two existing central plants in order
to schedule and effectively run the entire
campus off one plant while the other plant was
being renovated.
City of Dallas
Renovating the existing chilled water,
steam, and hot water plant as well as
cooling towers without shutting down
the city’s main 911 center for
communications.
Worked with IDA to design the retrofits in a
manner that allowed Schneider Electric to do all
needed modifications over a weekend.
Schneider Electric provided temporary cooling
and services to critical areas.
Texas A&MCommerce
Changing out chillers in a central plant
that was already severely short on
capacity. Coordinating the work during
scheduled semester.
Schneider Electric interconnected two plants to
allow sufficient capacity to cool the facilities
during the renovation
Project Name
Texas Health and
Human Services
Commission
(HHSC)
Texas Woman’s
University
Page 47
3. Does your company agree to the following statement on shipping charges “All deliveries shall be
freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly
stated in writing.”?
Yes
No
If not please explain.
4. What is your company’s history of meeting shipping and delivery timelines?
Please see Question #2 above. Because Schneider Electric acts as the general contractor on Energy
Performance Contracting projects, and because our contracts with our customers contain projections
for achieving substantial completion of the work, we have the appropriate processes and people in
place to ensure that materials are delivered on time. As such, Schneider Electric’s Performance
Contracting Division has a successful history of meeting shipping and delivery timelines in order to
meet the overall project schedule, of which Schneider is ultimately responsible.
5. Will your company be able to meet the one year warranty guarantee as stated on page 16 under
pricing?
Yes
No
If not, please explain.
6. What is your company’s current invoicing process?
Schneider Electric does progress invoicing with clients. Clients are only billed for work completed
based upon a pre-determined and accepted schedule. For any project with retainage, the agreed
upon amount is withheld from each invoice. Depending upon the size and duration of the project,
Schneider Electric traditionally requests a 10% mobilization payment.
7. Did you indicate how your company will implement the contract as per Appendix E, Question 20 and
is it appropriate?
Yes
No
8.
Did you provide your Dun & Bradstreet number?
Yes
No
9. Did you provide information on your website and on-line ordering capabilities as per Appendix E,
Question 14?
Yes
No
Qualification and Experience (20 points)
1. What is your company’s reputation in the marketplace?
Schneider Electric has a well-established and trusted name in the market nationwide and
internationally. We are well known as a consultative organization with a goal to provide information to
our clients that will enable them to make informed decisions. We are also well known as an innovative
company that provides solutions – not just systems. In addition, we are well known as an energy
conservation specialist with a proven track record of helping our clients reduce their energy
consumption resulting in lower utility bills.
Furthermore, Schneider Electric’s tremendous reputation for Performance Contracting is among the
best and would be a very valuable asset for TCPN. As we also mention in TAB 6, through consistent
growth and thought leadership, Schneider Electric has established its leadership in the industry. The
history of Schneider Electric Energy Solutions is one of exceeding the expectations of our clients.
Schneider Electric’s Energy Solutions group has implemented over 460 guaranteed energy savings
projects across the nation, implementing well over $1 billion of projects that achieve real energy
savings. In Texas alone, we have over 170 performance contract references. Schneider Electric
Page 48
is dominant in the Texas market and has the resources to meet and exceed our client’s expectations.
Building off of this success, Schneider has expanded our reputation nationwide, and we have worked
with high profile customers like Chicago Public Schools, Los Angeles Community College, the
Virginia Community College System, North Carolina State University, Montgomery County, Alabama,
and the Federal Government. Schneider Electric’s success with all types of customers makes
us the best candidate to partner with TCPN on performance contracting projects for many
years to come.
2. What is the reputation of your products and/or services in the marketplace?
Schneider Electric is well known for manufacturing superior products that address the needs of our
clients at a competitive price. We are also well known as a systems integrator with the capacity to
support a variety of products. In addition, we are known for providing proper and timely service
responses to our clients. Schneider Electric monitors our support and responsiveness to our clients
closely through our NPS scoring system. Our quality control group randomly contacts clients to
survey them and those responses, good and bad, are tabulated on a quarterly basis.
3. Does your company have past experience with Region 4 ESC and/or TCPN members?
If so, please list them and their contact information (Up to five).
Because of our extensive reference base throughout the State of Texas and beyond, we have
conducted a large amount of business with clients who are TCPN members. A small sample of these
TCPN members includes:





City of Abilene
Coastal Bend College
Bay City Independent School District
Dallas County
Lamar State College
The contact information for all of these Schneider Electric customers is located in TAB 6.
In addition, Schneider Electric is proud of our current contracts with TCPN for Facilities Integration
Technology and Security Systems, as well as our Energy Procurement contract with TCPN through
Summit Energy.
4. Did you list your key employees and their qualifications as per Appendix E, Question 6?
Yes
No
5. Did you provide the locations and sales persons who will work on the contract as per Appendix E,
Question 6 & 7?
Yes
No
6. What past experience does your company have working in the government sector?
Schneider Electric has designed, implemented and assured the performance for hundreds of millions
of dollars worth of projects with State and Federal governments. One example of this work is
Schneider Electric receiving a Task Order in 2010 to execute a $16.3 million ESPC for the General
Services Administration in Region 7. Schneider Electric designed, implemented and will maintain
energy improvements through this 5 year performance contract in fourteen (14) federal facilities
located throughout Texas, totaling over 7.3 million square feet of building area.
Energy
Conservation Measures (ECMs) implemented included integration of multiple buildings’ control
systems, design and construction of solar photovoltaic systems, central plant modifications, lighting
upgrades, water conservation measures, and air handler replacement.
Page 49
State Agency Excellence- No other ESCO can claim experience like Schneider Electric has with state
agencies around the United States. From Alabama to Oregon, from Texas to Pennsylvania,
Schneider Electric has consistently competed, won, and delivered projects over and over again in this
sector. With our headquarters located in Carrollton, TX we have secured seven phases of work with
the Texas Health and Human Services Commission ($70 million), and the Texas Parks and Wildlife
Department. In Oregon, we competed and were awarded work with the Oregon Department of
Corrections and in Pennsylvania we have done projects with both the Department of Corrections as
well as the Pennsylvania State Police.
Schneider Electric is the only Energy Services Company to have been selected and execute
performance contracts with two state agencies in Alabama. The first state performance contract ever
done in Alabama was done by the Alabama Department of Mental Health. This project encompassed
the Greil Memorial Hospital site in Montgomery, Alabama. Seven other ESCOs competed for this job
in an extensive RFP process. We were shortlisted and selected to complete a 20 year project at this
site. Schneider Electric has effectively lowered energy usage by over 45% at this facility and a
complete central plant renovation was executed. While we were installing this project, a second RFP
was released by the department for the remaining 5 hospitals around the state and we were again
selected over five other companies to complete this work.
Municipal and County Excellence- We have continually excelled at this market for the last decade.
Our highlight projects include the major cities like Chicago, Dallas, Houston, Carrollton, Arlington,
Denison, and Abilene, TX as well as major counties like Ft. Bend County in the Houston Metro area,
Oklahoma County, and Dallas County. Each one of these projects not only selected us over multiple
major competitors but elected to do second phases with Schneider Electric as well. To date, we have
done in excess of $100M in the Municipal and County markets across the U.S. in various states like
Alabama, Texas, Virginia, Washington, North Carolina, Arkansas, Kansas, Missouri, and Oklahoma.
Community College Excellence- One of our largest clients is within this sector with the Virginia
Community College System. We competed against many different ESCOs to be selected as the sole
source solution for the entire state of Virginia’s Community Colleges. This includes almost 30
different sites and over $70 million dollars in work installed within these facilities. We are still
designing and implementing work today for this client and will continue to turn short budgets into large
capital projects that maximize operational dollars every year.
Military Excellence- National Guards have long been a sustaining client for Schneider Electric. To
date we have designed and implemented over $50 million worth of work for the Louisiana
National Guard over the last decade and continue to do millions of dollars worth of work for both the
Oklahoma and Virginia National Guards. Schneider Electric knows how to work in regimented
environments and be held to rigorous quality standards that our nation’s military guard units demand.
Additionally, please see TAB 6 for information on other projects that Schneider Electric has
completed.
7. Did you provide information on working with cooperative purchasing programs as per Appendix E,
Question 24?
Yes
No
8. Did you provide information on any litigation, bankruptcy, reorganization, etc.as per Appendix E,
Question 16?
Yes
No
9. Did you submit at least 10 customer references relating to the products and services within this RFP,
with an equal representation coming from K12, Higher Education and City/County/non-profits entities
as per Appendix E?
Yes
No
Page 50
1. Did you submit a marketing plan as per Appendix E, Question 17?
Yes
No
2. Did you provide a national sales training plan as per Appendix E, Question 21?
Yes
No
Page 51
Product / Services
Scope of Services For
ENERGY PERFORMANCE CONTRACTING SERVICE
TCPN is seeking vendors for a national ENERGY PERFORMANCE CONTRACTING SERVICE. The
successful vendor(s) shall have the ability to design, manage, install and guarantee the
implementation of a comprehensive turn-key, ENERGY PERFORMANCE CONTRACTING SERVICE
in which the cost of the improvement shall be paid for by documented energy savings in existing
and future budgets, guaranteed by the vendor.
Any contract resulting from this RFP that applies to a TCPN member is an guaranteed “energy
cost savings contract”, which shall mean a contract for energy or water conservation measures to
reduce energy or water consumption or operating costs of TCPN member facilities in which the
estimated savings in utility costs resulting from the measures is guaranteed to offset the cost of
the measures over a specified period in accordance with Arizona Revised Statutes 15-213.01, and
34-456.
All awarded contractors shall be familiar with Arizona Revised Statutes 15-213.01 and 34-456 and
shall adhere to these requirements under this contract and other state jurisdictions as
appropriate.
SPECIFICATIONS
Provide a comprehensive program which includes the installation of energy saving
improvements. The scope of work may include; but, not limited to, the following energy cost
savings measures:
Operation & Maintenance
•
•
•
•
•
•
•
•
Automatic controls calibration
Boiler combustion efficiency checks & calibration
Clean air cooled condenser coils, chiller tubes, coils, filters
Cooling tower maintenance
Correct water treatment
Room setpoints
Repair leaking pump and equipment seals
Turning lights off
Utility / Rate Conversions/Purchase Options
•
•
•
•
Converting to all electric rate
Converting to interruptible electric rate
Purchasing natural gas at the wellhead
Real time pricing
•
Note: The negotiated change of electric rate per kw/h to a lower rate shall not be included
in calculating the cost saving as part of this energy performance contract.
Page 52
Architectural
•
•
•
•
•
•
•
Building & Roof Insulation
Door Replacement & Weather-stripping
New Roofs
Window Replacements
Window Solar film / shading
Window Storms / overglazing
Window Weather-stripping:
Electrical
•
•
•
•
•
Energy efficient motors
Energy efficient transformers & building power analysis
Power factor correction capacitors buildings & load
Two speed motors
Variable speed drives
Kitchen
•
•
•
Conversion of electric booster heaters to natural gas
Conversion of hoods & makeup air systems to efficient types
Coolers-Add strip curtains
Lighting
•
•
•
•
•
•
•
•
Conversion of fluorescent fixtures
Energy Efficient Electronic Ballasts
LED lighting
Conversion of incandescent fixtures
Conversion of mercury vapor fixtures
Delamping with reflector installation
Dimming controls
Occupancy sensor controls
Plumbing
•
•
•
Low flow faucet aerators, shower heads & fixtures
Preheat domestic hot water
Proximity sensor control on fixtures
HVAC-Controls
•
•
•
•
Boiler/hot water converter optimization
Chiller optimization (reset & sequencing)
Cooling tower optimization
Direct digital controls
Page 53
•
•
•
•
•
•
•
•
•
•
•
Electrical demand limiting
Lowering of static pressure control points to lowest allowable levels
Mixed air dampers-economizer control
Night purge
Night (unoccupied) setback
Occupancy sensor control
Optimal start/stop & ventilation delay
Outdoor air reduction
Occupied-unoccupied (time of day) control
Supply air reset
Variable speed drive control (VAV, variable pumping)
HVAC-Equipment
•
•
•
•
Replace with higher efficient equipment
Compressor conversions
Refrigerant conversions
Adding heat recovery
HVAC-Chiller Plant
•
•
•
•
•
•
•
•
•
•
Change cooling tower nozzles
Condenser heat recovery
Evaporative pre-cooling
Ozone tower water treatment
Tower free cooling
Replacement chiller with increased efficiency
Thermal storage
Variable speed pumping (secondary)-decoupled chiller
Variable speed primary pumping
Variable speed drive on cooling tower fan
HVAC-Heating Plant
•
•
•
•
•
•
•
•
•
•
•
•
Conversion to dual fuel burners
Install flue dampers
Install turbulators
Lower steam pressure
Radiator Valves
Repair vacuum pumps
Repair/replace steam traps
Replacement burners with increased efficiency
Trim control
Variable speed pumping (secondary)
High efficiency boilers
Flue heat recovery
HVAC-Systems
Page 54
•
•
•
•
•
•
•
•
•
Ceiling fans
Conversion of inefficient terminal devices (bypass dump boxes and constant volume reheat boxes)
Conversions to allow isolation of building areas with varying occupancies
Duct and pipe insulation
Energy efficient belts
Exhaust air heat recovery
Indoor air quality analysis
Replace worn sheaves
Reseal or replace leaking control dampers
Process
•
•
Air compressor optimization
Repair compressed air leaks and lower delivery pressures
Miscellaneous
•
•
•
•
•
•
•
•
Cogeneration
Pool blankets
Pool chemical conversion
Variable speed domestic water pump control (eliminate discharge valve)
Variable speed pool water pumping (eliminate discharge valve)
Geothermal Heat Pumps
Solar Panels
Roofing Energy Efficient
PROCESS
Preliminary Energy Audit:
Upon request, the Vendor will conduct a preliminary energy audit, at no cost, of the Owners facility for
Energy Performance Contracting Service opportunities.
Investment Grade Audit:
After approval by the owner, conduct an Investment Grade Audit which will include a complete proposal
indicating a detailed scope of work, at least 30% design drawings, building modeling with industry
accepted modeling software, a detailed description of the measurement and verification services and a
Performa. Performa shall include, but not limited by, the following:
•
•
•
•
•
•
•
•
•
•
Total construction first cost
Any Grants, incentives, rebates or other discounts
Projected savings by energy conservation measures by year for the financing term
Maintenance and/or operational cost savings per year for the financing term.
Maintenance support services cost per year for the financing term.
Measurement and verification support services per year for the financing term.
Financing assumptions such as estimated interest rates and inflation rates.
Any capital avoidance calculations with yearly savings per year for the financing term.
Financing term payments per year for the financing term.
Program cash flow comparisons per year for the financing term.
Page 55
•
Net present value analysis with estimated discount rate.
The information to develop the energy baseline shall be derived from actual energy measurements or shall
be calculated from energy measurements at the facility where energy cost savings measures are to be
installed or implemented. The measurements shall be taken in the year preceding the installation or
implementation of energy cost savings measures.
The guaranteed energy cost savings contract shall include a written guarantee that either the energy or
operational savings, or both, will meet or exceed the energy savings measured over the expected life of
the energy conservation measures implemented within the finance terms. The Vendor shall reimburse the
school district for any shortfall of guaranteed energy savings on an annual basis.
The Investment Grade Audit will be signed and sealed by a professional technical engineer registered in
the State of Arizona or as jurisdiction requires for other member states who is specialized in energy
management.
The Facility Owner and the vendor shall agree on a specific Measurement and Verification process to be
used in monitoring the success of the program.
Assist the Owner in obtaining financing and or grants/rebates.
Implementation of the Energy Performance Contract
Upon receipt of the Owners Purchase Order provide a bond/insurance policy guaranteeing the agreed
upon yearly energy consumption savings and any required payment and performance bond(s) for the work
being done.
Provide for a documented guarantee clearly communicating the energy and operational savings process
which defines the responsibilities of both Vendor and Owner.
Provide for a documented payment by the vendor if energy savings and operational savings are not met
on an annual basis.
Complete the Energy Performance Contract.
Provide a list of all warranties included in each project, along with O&M manuals.
Annually conduct a joint inspection with the owner to verify that the equipment is properly maintained and
operated in a manner that the continued potential to generate the predicted savings can be achieved.
Provide a yearly assessment of savings achieved by the program based upon the documented
measurement and verification program.
MEASUREMENT AND VERIFICATION PLAN
A typical Measurement and Verification Plan (M&V) will include, as a minimum, information on the overall
project level and energy conservation measures specific items. The actual M&V plan will be developed
during discussions between the Vendor and the Customer: however, the plan should contain these
essential elements:
Project Level Components:
Project Description and M & V Overview
Who will conduct the M&V activity
Document all assumptions and source of data
Page 56
Project Savings and Cost from the contract
Details of baseline conditions and data collected
Describe any O & M cost savings claimed
What will be verified
Details of engineer analysis
How and why the baseline may be adjusted
Schedule
Provide schedule for all M & V activities
Reports to be prepared
How actual energy and cost savings will be calculated
Assign O & M reporting responsibilities
Risk and Responsibility Matrix
Include in this section the minimum and maximum maintenance required to ensure the
guarantee
Assign preventative maintenance responsibilities between owner and contractor
Specific Energy Conservation Measures:
Describe the Energy Conservation Measure in detail
Describe the objectives of the Energy Conservation Measure
Sampling Plan
Data Collection Plan
Pre-Installation Energy and Baseline
Post Installation Facility Conditions
Determination of Energy Savings
Plan for Future Measurement
Plan for Resolving Disputes
DEFINITIONS AS DEFINED IN THIS PROPOSAL
The following is a list of definitions that are used throughout the request for proposal and in the pricing
process. All of the definitions will as a whole be included in the contract for this program.
ASSIGNMENT, Any award made as a result of this solicitation, may not be transferred, assigned,
subcontracted, mortgaged, or pledged, or otherwise disposed of or encumbered in any way by the
contractor without the approval of TCPN.
ADDENDUMS, Additions to the contract as agreed to by TCPN, the client member, and the contractor to
meet specific or special contract requirements.
AUDIT CYCLE, Audits shall consist of a TCPN representative reviewing/comparing pricing on invoices and
the appropriate record of price. Any issues will be reported to TCPN, contractor and the client member.
Random audits will be performed on an annual basis.
BEST VALUE is determined with multiple parameters of past performance, previous experience,
references, and price. Each comprises part of “best value” price is only one parameter as is past
performance.
BUYER is the independent school district (ISD), institute of higher learning, government entity, or nonprofit agency that uses this contract. (See Client Member)
CITY COST INDEX, Defined pricing indices published by R.S. Means (see R.S. Means) as local modifiers to
the national cost data.
Page 57
CLIENT MEMBER is any ISD, ESC, University, Municipality, County, Federal or State Agency or non taxed
entity empowered to enter into an agreement with TCPN via their governing boards or trustees. In the
State of Texas an Interlocal agreement must be signed by the client. In other states, the client is
responsible for meeting their state requirements.
COEFFICIENT is the contractors’ coefficient multiplier that is applied to the local city cost index and the
total sum of line item estimates when using RS Means as a pricing guide. It will include all overhead items
such
as
office,
safety
equipment,
vehicles
and
fuel,
computers,
communication
devices, printers, programs, insurance maintenance, TCPN management fee, final site cleanup and all
contingencies. It will also include all costs to the contractor associated with program and/or project
management and administration, and sufficient jobsite supervision. If contractor is awarded a contract,
then the coefficient can be adjusted to the lowest awarded coefficient to meet a competitive situation.
CONTRACT AND CONTRACT DOCUMENTS include the following items; the TCPN solicitation, RFP,
Qualification statements, Contractors proposal (all portions) including PGM and other key staff members,
corporate commitments, marketing and business plans, negotiated oral commitments as noted and
approved, and coefficients.
CONSTRUCTION means the process of building, altering, repairing, improving or demolishing any school
district structure or building, or other public improvements of any kind to any school district real property.
Construction does not include the routine operation, routine repair or routine maintenance of existing
structures, buildings or real property.
EDUCATION SERVICE CENTER (ESC) is part of a Texas governmental agency (Texas Education Agency)
providing services within their defined regions to school districts and other governmental entities.
ENERGY BASELINE means a calculation of the amount of energy used in an existing facility before the
installation or implementation of the energy cost savings measures.
ENERGY COST SAVINGS METHOD means a training program or facility alteration designed to reduce
energy consumption or operating costs .
KEY STAFF MEMBERS are considered to be critical to the quality, implementation and successful support
and execution of the program. The past performance and experience of the key staff that has been
committed to the program will be evaluated.
MULTI-AWARD NON-COMPETE while Self Funded Capital Improvement Program is a multi-award
contracting program no client member may compete delivery with other TCPN contractors.
MEASUREMENT AND VERIFICATION an agreed upon means to measure and verify the estimated cost
savings from Self-Funded Capital Improvement programs.
NON PRE-PRICED ITEMS are those items that cannot be found or reasonably compared to listed line
items.
PERFORMANCE CONTRACTING: A means that enables the Facility Owner to make Capital Improvements
to facilities, finance all cost and have a guarantee that the energy and or operational savings will pay for
the improvement
PUBLIC INFORMATION ACT AND PROPRIETATRY MATERIALS, under the Public Information Act certain
materials may be requested by the public. Vendors should not submit proprietary materials as part of their
proposal. TCPN is subject to the Public Information Act, as are all public entities.
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PROJECT GENERAL MANAGER (PGM) is the senior member of the Vendor's team and will be the ultimate
interface between TCPN and the client members.
PURCHASE ORDER (PO) is the client member’s approval providing the authority to proceed with the work
under the contract and inter-local agreement. Special terms and conditions as agreed to between the
contractor and the client member will be added as addendums to the PO. Items such as certificate of
insurance, bonding requirements, small or disadvantaged business goals are some of the addendums
possible.
PREMIUM HOURS are defined as those hours not included in regular hours or recognized holidays.
Premium hours are to be approved by the client member for each delivery order and noted in the delivery
order proposal as a line item during negotiations.
REGULAR HOURS are defined as those hours between the hours of 7 AM and 6PM Monday thru Friday
unless noted by vendor on their response to RFP.
SCOPE OF WORK (SOW) is the specific work that has been agreed to be undertaken and accomplished
under the TCPN Facility Technology Integration contract .
THE COOPERATIVE PURCHASING NETWORK (TCPN) is the named organization doing cooperative
contracting under the authority of the Region 4 Education Service Center.
UNIT PRICE BOOK (UPB) will be the current addition of RS Means Facilities Construction Cost Data or
other RS Means Cost publications listed above.
The published quarterly updates will be allowed.
INFORMATION TO OFFERORS
TCPN intends to enter into multiple Contracts to provide ESCO contracts for energy performance
contracting. These contracts will be available in Arizona and nationally for use by all public entities such
as ESC’s, ISD’s, universities, city and county governments, community colleges, state agencies. It may
also be used by certain private non-taxed entities. Each entity must have signed an inter-local agreement
approved by their board or designated agent with TCPN.
OFFERORS ARE REMINDED THAT NO WORK IS OR HAS BEEN GUARANTEED UNDER THIS CONTRACT.
It is the intention of TCPN to issue these contracts to give the client members a choice of contractors
under best value to them.
The contractor agrees to use as required Davis Bacon (See the UPB) or local wage rates that apply with
some of the TCPN client members. The client member must supply any Davis Bacon or local wage rates
requested.
The current annual edition of RS Means Facility Construction Cost Data and quarterly adjustments will be
the UPB used.
Contractors are recommended to use Cost Works or other recognized automated software in preparing
line item estimates. Contractor will make available to the member and member’s engineer access to the
program for third party validation by the member.
The proposal coefficient should provide for engineering and architectural (A&E) design to meet the
contracted requirements. The contractor should expect as part of its coefficient those services that are
required to obtain building permits and meet local and state standards for design and oversight.
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AIA master text specifications or client member approved equivalent and all applicable local, state and
national codes will apply to work done under this contract.
TCPN will receive 4% of the total revenue (see sliding scale, page 21 of 73) from each PO executed under
this contract. This fee will be included in the contractors priced coefficient and will not be issued as a
line
item
separate
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in any job order proposals issued to client members. This contract management fee will be
required to be paid within thirty days of the completion of any job order. If the job order has
progress payments on large projects the contractor will be required to pay in proportion to these
payments within thirty days of the invoice date.
Subcontractors must meet the same minimum standards and requirements as the prime
contractor. It will be the responsibility of the prime contractor to pre-qualify and over see their
subcontractors.
TCPN will provide some oversight in assisting both the client members and the contractors in the
marketing to the client members, training (education), and provide at a minimum an annual audit
and review of each of the contractors programs. This service will be paid for out of the 4% fee
paid to the TCPN program by each contractor. TCPN will not market or sell directly for
contractors.
RS Means facility construction cost data book will be the unit price book for this contract using
the RS Means right hand column (“Total Inc. O & P”) and the most recent edition including any
quarterly. RS Means 12-digit line number. Contractors at their expense will make copies of the
UPB available to the client member upon request via electronic or printed media for validation.
Cost Works automated software is the preferred software for preparing line item estimates.
As defined, the contractor’s bid coefficient shall include all overhead items such as office, safety
equipment, vehicles and fuel, communication equipment, computers, printers, programs,
insurance maintenance, four percent TCPN management fee and all contingencies. All project
management, administration, and sufficient jobsite supervision are to be included in contractor’s
bid coefficient as well as any other main office or project overhead and profit items.
EXAMPLE; using sample figures from a proposal the total cost with all of the adjustments would
be as follows;
Total of divisional line items based on the quantities and unit prices from the UPB including the
OH&P column = $500,000.00
City cost index - .91 adjusted = $455,000.00
Bid Coefficient- .82 adjusted = $373,000.00
Premium Hours. n/a
Davis Bacon. n/a
TOTAL COST as adjusted = $373,000.00
This contract will have an initial base contract period from the signing date for one year. TCPN
may at its sole discretion award up to 4 additional option periods of one year each. These options
would be renewed on an annual basis with TCPN notifying in writing each contractor 90 days in
advance of contract expiration whether TCPN intends to exercise the next one year option period.
If the contractor does not wish to renew, TCPN must be notified within 14 days after receiving the
written notice.
Items that are not found in the UPB will be listed as “non-pre-priced”. The contractor will provide
three prices to establish the average bare cost for each item and add in the Overhead and Profit
(OH/P) based upon the contactors coefficient. This line item will then be negotiated with the client
member and as approved the item will then be added to the price book for future projects and no
longer is non-pre-priced. The need for this special treatment needs to be addressed in the line
item estimate.
Annual audit function will be in accordance with State of Arizona statutes or the jurisdictional
requirements of other states. Reporting and business forms will be established by TCPN. This
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solicitation is a “best value” solicitation for TCPN making the award. The primary selection criteria
will be stated in the RFP document and assigned the appropriate weight.
Awards will be made to those contractors who score highest in the stated categories by point
total. Coefficients will be evaluated within the context of the points presented in the evaluation
criteria as one of the key areas reviewed and evaluated by the selection committee. It should be
noted that the contractors proposed coefficient must be less than 1.0 and rounded to a whole
percentage (two places) or it will deemed to be non-responsive. Due to local markets conditions,
TCPN will consider offers beyond a coefficient of 1.0 in justified markets.
TCPN reserves the right to award based upon best value, reject any or all of the proposals in
whole or in part, and to wave any format or technical irregularities, and omissions, if in its sole
judgment meets the best interests of TCPN and its client members. TCPN intends to award these
contract(s) without discussions, but reserves the right to conduct oral interviews (discussions) or
presentations as required to select the best value contractor and/or obtain competitive pricing.
A letter from a surety company that is licensed to do business in the state of Arizona attesting to
its willingness to bond your company and the bonding limit per year should be included with the
proposal. The actual cost of the bond will be a pass through to the client member and added to
the purchase order. It is up to the contractor to know the bonding requirements of other
jurisdictions.
The contractor at his expense and included as part of overhead will provide adequate insurance
coverage meeting at a minimum the requirements of the State of Arizona. The contractor, if
awarded a contract, will provide within 14 days but prior to the commencement of any
construction, a certificate of insurance showing that TCPN has been named as additional insured.
If the member has higher insurance than those requirements, they may be added as an addendum
to the purchase order.
The complete RFP, as well as the proposal of the successful offerors, along with agreed upon and
negotiated points will be incorporated by reference into the contract and the contractor will be
bound by the terms thereof.
For over 20 years, Schneider Electric has worked in collaboration with a diverse base of clients to deliver
Energy Savings Performance Contracts. As one of the most successful and trusted ESCOs in the
industry, we are highly qualified and eager to help our members meet their energy goals in the same way.
By choosing Schneider Electric, you can count on a partner with a shared vision of project success, a
proven track record in energy efficiency, experience across diverse markets and in all climates, and a
strong local presence throughout Texas and many other states.
A Shared Vision of Project Success
At Schneider Electric, we are dedicated to utilizing what we do best – energy
efficiency, sustainability, and conservation – to improve our clients’ ability to
accomplish their core missions. Every day, we strive to help our members make
the most of their energy through a partnership approach that guarantees a
vested interest in all aspects of the project. In many ways, our vision as an
organization is in alignment with that of our members’:
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“Your vision and guidance was very important in achieving such great success.”
‐ Schneider Electric customer The Cooperative Purchasing Network (TCPN)
9
Promotion of energy conservation and efficiency At Schneider Electric, we provide solutions to make energy safe, reliable,
efficient, and green.
9
Adoption of renewable and alternative fuels Our portfolio of renewable and alternative energy solutions include solar
photovoltaics, wind power, solar thermal energy, biomass, combined heat
& power, and geothermal technologies.
9
Local job creation Schneider Electric makes it a priority to utilize local labor on all of our
projects, spurring economic growth and making an investment in the
region.
9
Minimal risk to the client At Schneider Electric we pride ourselves on delivering ESPC projects with
a high level of accountability. We have an engineering focus with a solid
guarantee that has proven reliable for 20 years, thereby minimizing the
risk to our clients.
9
Ability to deliver projects quickly Schneider Electric understands that when it comes to energy savings
projects, time IS money. Therefore, we have proven, ISO 9001:2008
certified processes in place, ensuring we deliver our projects as quickly as
possible, without sacrificing quality.
With our vision aligned with our members’, you can count on Schneider Electric to deliver an energy
project supporting our members’ energy and capital improvement energy goals and tailored to your own
specific needs.
Proven Track Record in Energy Efficiency
Schneider Electric has a proven track record around energy efficiency, project execution, and
performance assurance. Our members not only receive world-class engineering, project management,
and construction management services, but they receive an ESPC project that fits their needs and is
delivered with excellence. What’s more, we provide on-going support to ensure sustainable results and
measured performance.
Since 1992, Schneider
Electric has implemented
over 460 ESPCs across
the United States.
Our 60+ member Performance
Assurance Support Services team,
or PASS, is dedicated solely to the
task of post-installation
measurement and verification
(M&V).
Our team has proven the
ability to deliver projects
within budget, on-time,
and in alignment with our
clients’ expectations.
That’s almost 2.4 billion
kWh saved.
A team of M&V specialists this
large and this focused is
unmatched in the industry.
Ask our customers;
they are our biggest
champions.
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Schneider Electric’s success is largely attributed to our approach to project delivery, which is structured
by ISO certified processes. This ensures quality, while expediting delivery to our clients. Schneider
Electric’s general approach to energy savings performance contracting (ESPC) is summarized by the
following points:
•
•
•
•
Develop a needs-based solution resulting from close interaction with the member.
Develop a financed project that meets or exceeds the relevant ESPC statute.
Develop a project that minimizes both the need for capital as well the risk associated with
financing a project with the expectations of utilizing the annual savings to pay for the project.
Train the owner to operate and maintain the Energy Conservation Measures (ECMs)
implemented.
Schneider Electric’s Investment Grade Audit process is summarized below.
Investment Grade Audit Process
Change Management
Final Estimating
Final Project
Programming & Detailed
Site Data Collection /
Analysis Change
Management
Final Engineering
Final M&V Development
IGA Report Development
To Stakeholder Review,
Negotiations, and Issue
Project Award
Final Financial Analysis
Schneider Electric approaches projects by first determining the client’s needs and desires, and then
developing a prioritized list of solutions to address these issues. Throughout the process, Schneider
Electric will manage projects as a team. A single point of contact will provide the client with one source of
responsibility for the entire project—the Schneider Electric Program Manager. Further, we believe open
involvement on the part of department’s staff members guarantees the success of a performance
contract. Candid, open communication between the department and Schneider Electric should be a part
of every step of the endeavor.
Schneider Electric’s team members will be coordinating their efforts through the assigned Program
Manager.
Schneider Electric proposes to provide a comprehensive list of services to each client. We look forward to
the challenge of understanding our member’s situation and helping the staff come up with beneficial
solutions. Schneider Electric does not perform “cookie cutter” type projects. We take each individual
client’s partnership seriously and have the internal staff to solve difficult problems. Our goal is to provide
our clients with a project that is cost effective and provide the staff the training necessary to ensure its
performance.
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The following chart outlines the Menu of Services provided by Schneider Electric.
Menu Of Services
Design Services
Mechanical Engineering
Electrical Engineering
Lighting Design
Security/Fire Detection System
Telecommunications
Control Systems
Emergency Power Generation
Sustainable Design Approach
Design/Build Consulting
Performance Contracting
Facility Analysis
Mechanical Systems Options
Electrical Systems Options
Lighting Systems Options
Communication Systems Options
Construction Impact Planning
Financial Services
Guaranteed Savings
Financing Options Review
Utility Incentive Program Review
Energy and Water Use Surveys
Utility Billing Review
Turnkey Project Implementation
Energy and Resource Use Studies and Audits
Construction Management Services
Construction Partnering
General Contracting for Facility Renovations
Full Operations & Maintenance Manuals submitted
at Project Installation Completion
Performance Assurance
Facility Evaluation
Mechanical, Electrical and Communication Systems Master
Planning
Indoor Air Quality Surveys
Tenant Comfort Surveys
Code Compliance Review
Lighting Systems Review
Power Conditioning Surveys
Maintenance Effectiveness Review
Control System Review
Benchmarking
Commissioning Services
System Start-up and Performance Verification
Design Review
Testing and Balancing Services
HVAC Testing and Balancing
Duct Pressure/Leakage Testing
Fume Hood Certification
Sound and Vibration Testing
Fan Performance Testing
Training Services
Controls System Training
HVAC Maintenance Training
Utility Cost Management Training
Ongoing Services
Energy Cost Monitoring and Verification
Efficiency Review Program
Warranty Review
Maintenance Acquisition Specifications
Remote Diagnostics
Facility Documentation
Utility Programs
Our basic approach for a project and more specifically the design team organization is founded on our
principles of strong project management, open communication, technical design excellence, and proven
technologies. Project team collaboration has proven to be key in the greater understanding of the unique
project parameters of each client; an understanding which, over time, ensures the completion of a
successful project.
The proposed team would include administrative, technical and financial representatives of the client.
Schneider Electric team members include project management, technical design, and construction
management personnel. In addition, local utilities will be included, according to project needs and the
availability of utility incentives. The Schneider Electric Program Manager remains dedicated through all
phases of the contract.
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Schneider Electric’s construction managers and project field engineers have both the experience and the
strict quality control programs in place to ensure that construction at our member’s facilities is coordinated
to avoid conflicts with the member’s operation and use.
See the following chart for a description of Schneider Electric’s energy services in relationship to our
capabilities.
Energy Services Offered
by Schneider Electric
Services Performed with
Schneider Electric Staff
Services Performed with
Subcontractors
Engineering
None
Auditing
None
Design
Schneider Electric occasionally uses MEP
firms like EEA Consulting Engineers to
provide specific technical design analysis.
Energy & Water Systems
None
Equipment Selection
None
Installation
Operations and Maintenance
Commissioning
Schneider Electric occasionally utilizes
service firms to provide specific technical
services.
outside firms for commissioning support.
M&V
None
Training
vendors for specific equipment training.
The Energy Solutions Division of Schneider Electric employs in excess of 288 full-time men and women
providing comprehensive member solutions through the mechanism of performance contracting. Energy
Solutions designs turnkey projects which include energy auditing; engineering design; project installation,
management, and maintenance; measurement and verification of performance (M&V) as well as
guaranteed savings, capital and financing means, and economic analysis.
A performance contract is only as good as the Energy Services Company (ESCO) providing it. Schneider
Electric has never cancelled a contract. In the rare instances where a project has not met the savings
guarantee, we’ve written a check to the member. We install quality equipment using qualified people, and
through our Performance Assurance Support Service department, we’re there to help you continue saving
even after installation. Schneider Electric is a company of the highest ethical standards, and we
repeatedly exceed our members’ expectations. Our clients can be assured that Schneider Electric will
deliver on its promises.
Due to the specialized nature of a performance contract, Schneider Electric assigns complete branches
solely dedicated to this service. Other companies may be larger, but they primarily provide other services
and implement performance contracts only on a part-time basis with a few of their employees. The
Energy Solutions Division operates 32 performance contracting branches in the United States.
Energy Solutions has a staff of 75 full-time energy engineers whose sole purpose is to identify and
evaluate building energy performance in our members’ facilities and design comprehensive energy retrofit
projects custom to each individual member. These energy engineers consist of licensed Professional
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Engineers and Certified Energy Managers highly qualified to perform the challenging task of designing a
project that will generate enough savings to support a guaranteed energy savings project.
Schneider Electric’s project management method is unique compared to that of the rest of the
construction industry. Our construction managers install projects with the performance of the project
governing their decisions, rather than the cost or installation schedule. Most construction managers are
concerned about the cost of the job or whether the installation is completed on time or not. While we are
conscientious of the project’s budget and schedule, Schneider Electric’s construction managers do not
cut corners to save money or hurry an installation to meet a deadline. Schneider Electric’s construction
managers are focused on making sure that when they leave a jobsite, they are leaving our member with
fully functional systems that will operate more efficiently to generate the energy savings that will fund the
improvements.
Schneider Electric is one of the few companies to maintain a department whose sole responsibility is the
measurement and verification of savings and has a website for the reporting of savings. Our
measurement and verification department is called Performance Assurance Support Services (PASS),
and that is exactly what it does: Assure Enduring Performance and offer Support Services. When
measuring and verifying savings after our projects are implemented, PASS adheres to the International
Performance Measurement and Verification Protocol (IPMVP). The IPMVP is an industry standard with
guidelines for baseline energy usage determination and post-project energy savings verification. Our
commitment to the IPMVP standard ensures the member that savings calculation and verification will be
repeatable and verifiable.
When providing performance contracting services, Schneider Electric operates as a general contractor.
Much of a performance contract’s success hinges on the construction management of the project. In the
implementation phase of its contracts, Schneider Electric acts as a “design-build” contractor. Schneider
Electric bears sole responsibility for the design, plans and specifications, construction drawings, record
drawings, project scheduling, equipment procurement, construction management, start-up, acceptance
inspections, punch-list development, and final acceptance inspection. Construction will begin after the
acceptance of the construction documentation.
During the detailed energy analysis the Schneider Electric Project Implementation team reviews the
project requirements and determines if the previously developed schedule is appropriate. Next, the team
visits the sites to collect all additional information needed to complete the design of the retrofits. If
necessary, modifications to the design are made at this stage, with the agreement of our member. This
teamwork between the engineering/design team and the installation team makes the project
implementation a much smoother process. This type of teamwork between Schneider Electric
departments is a trademark of our group. The implementation phase will begin as soon as the member
approves the final project and the necessary financing is in place. As soon as possible, Schneider
Electric’s construction manager will provide our member with an estimated schedule for the project and
develop a schedule with the member personnel for regular progress meetings.
Schneider Electric’s construction project manager will be the main point of contact during the construction
phase of each project. The project manager, with help from the member’s employees, will determine how
each aspect of the project will be scheduled and logistically organized. Interim inspections will be made to
ensure that work conforms to the specifications, acceptability of work quality, percent of total project
completion, and what payment amount is justified.
Schneider Electric takes pride in completing projects on time or ahead of schedule. In many projects, we
guarantee construction period savings. If we finished the project late, in these instances, or if the
associated energy savings did not accrue, Schneider Electric would have to write a check to the owner.
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Since we get our installation team involved during the detailed energy analysis there are rarely surprises,
change orders, or errors in scheduling when projects are tracked and managed with our level of detail.
Member Referrals
Our clients are our greatest advocates. Following are some quotes from our references:
“We appreciated Schneider Electric’s values; we knew they would make it right. Schneider
Electric’s clients indicated trustworthy, open working relationships and this resonated with the
city.” -Odis Dolton, Assistant City Manager for Finance, City of Abilene
“After meeting with Schneider Electric and learning about their success with other area school
districts, we felt confident about choosing them for this project. The new EMS will lower the
energy costs and improve our facilities without requiring us to raise taxes or pass a bond.”
-Richard Hazlewood, Superintendent Kirbyville CISD, TX
“Our district was experiencing numerous comfort complaints due to temperature
inconsistency and at the same time, very high energy bills. We also knew that much of our
mechanical equipment was at the end of its useful life. Unfortunately, we also had major
budget constraints. The performance contract, which funds improvements with energy
savings, was the best way to control our high utility charges and start upgrading our
infrastructure without having to find new financial resources.” -Lucio Mendoza, Business
Manager Santa Rosa ISD, TX
“The turnkey solution promised by Schneider Electric was truly turnkey in that Schneider
Electric took charge of the process and led LACCD through it. This enabled the District to
place the responsibilities of managing the details in the hands of Schneider Electric, freeing
up our internal resources for other tasks. Because of this ability, Schneider Electric was the
first ESCO to complete development and begin installation of a demand-side management
project.” -Larry Eisenberg, (former) Executive Director of Facilities Planning and
Development, Los Angeles Community College District
Experience across Diverse Markets in all Climates
Schneider Electric knows how to execute Energy Savings Performance Contracts in almost any market
sector and in almost any environment. For 20 years, we have been working with hospitals, school
districts, higher education institutions, municipalities, the federal government, and state and local
governments across the United States to deliver energy and infrastructure solutions. We know energy
efficiency, especially in the State of Texas.
To date, Schneider Electric has implemented over $490 Million worth of energy efficiency
projects in the State of Texas alone, improving facilities for over 100 Texas school
districts, several Texas universities, many Texas cities, and state agencies like the
Texas Health and Human Services Commission.
An ESCO You Can Count On
Perhaps most importantly, you can rely on Schneider Electric as a trusted partner and energy solutions
provider. Our personnel are qualified and trusted to work in your facilities. We are financially equipped to
support an ESPC of any scope and size, rated in the top 1% by Dun & Bradstreet of our industry sector.
Strong ethics, uncompromising values, and impeccable integrity are at the core of our business
philosophy, so much so that we were selected as one of the World’s Most Ethical Companies in 2011 and
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in 2012. In our 20 years of PC experience, Schneider Electric has never been involved in litigation
regarding a performance contracting project.
Simply put, we keep our promises. Our true commitment is to helping you make the most of your
energy. Our focus throughout this proposal will be on our overall capabilities as an ESCO and our
successful history in the performance contracting market. As a part of Schneider Electric, we are
able to bring our members a unique bundle of solutions, all under our company umbrella. Some
of these unique solutions are described later in this proposal.
Member Training
When implementation is complete, Schneider Electric will verify that all energy conservation measures
are functioning properly. This includes:
•
•
•
•
•
Verifying light levels are adequate and consistent with specifications
Verification that all software is performing correctly for any energy management system installed
Verifying point by point the function of all new and existing hardware points
Verifying the proper functioning of all HVAC equipment, and appropriate comfort levels
Identifying any additional improvement programs the facility could fund during this project
Schneider Electric offers initial training designed to enable your staff to operate and understand your new
or existing building control systems. During the Detailed Audit phase of the project Schneider
Electric will assess your staff capabilities and identify potential areas of additional training
needed. These primary types of training include:
•
•
•
•
•
Energy management control systems
HVAC optimization and maintenance
Preventative maintenance
Building system trouble shooting
Building system commissioning
The type and amount of training provided is unique to each member. During the detailed audit phase of
the project, our engineers and project implementation team will develop an assessment of the skill level of
your facilities staff and their familiarity with the types of Energy/Water Conservation Measures being
implemented by interacting with key members of that staff during the audit. This assessment, combined
with input from facilities management and other appropriate parties involved in the detailed audit scope
development meetings, will give us an accurate picture of what your training needs are and how we can
best address those needs.
Schneider Electric provides most of its training on-site when implementing projects. This not only
allows us to train as many personnel as the department wishes to train, but it also allows the
department’s personnel to be trained on the actual equipment that they will be maintaining.
Training for our members can also occur on-site, at our Schneider Electric Headquarters Corporate
Learning Center in Carrollton, Texas (1650 West Crosby Rd; Carrollton, TX 75006), and on occasion at
other equipment manufacturer’s facilities.
When training occurs at Schneider Electric’s Learning Center or at another equipment manufacturer’s
facilities, two or three of the department’s personnel will likely be assigned to attend the specified training.
However, Schneider Electric will ensure that training manuals from off-site training will be provided to
keep at the member’s site.
As Schneider Electric develops the project and determines the mix of retrofits, we will determine with our
member how much training is needed and how often department personnel will need to attend.
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On all Schneider Electric related projects, training will begin during the implementation phase of your
project and continue through the measurement & verification phase of your project. The frequency of
training will be continuous and ongoing throughout our member’s relationship with Schneider Electric.
Monitoring and Verification of Guaranteed Savings
Once the implementation and commissioning of the project are complete, the tracking period begins. The
PASS (Performance Assurance Support Services) contract provides the monitoring, measurement,
verification, and ongoing support necessary to ensure that the savings are being met. The annually
renewable nature of the service allows the client to end the service at any time with no “buy-out” or early
termination penalty.
Schneider Electric’s Performance Assurance Support Services (PASS) department generates:
•
•
•
•
•
•
•
Monthly performance comparisons
Quarterly savings reports
Annual reconciliation reports
On-line access to savings reports anytime
On-line access to savings calculations methodology
Calculation relating energy savings to environmental impact
Conversion of energy units saved into tons of greenhouse gasses abated
When measuring and verifying post-installation energy savings, Schneider Electric adheres to the
International Performance Measurement and Verification Protocol (IPMVP). The IPMVP is an industry
standard with guidelines for baseline energy usage determination and post-project energy savings
verification. Our commitment to this standard ensures repeatable and verifiable savings calculations and
verification.
On the following page, we have included a typical savings chart that indicates to our client how their
project is performing. This particular chart is from Lamar University in Beaumont, Texas.
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The IPMVP allows for four options for savings verification and Schneider Electric considers the value,
accuracy, and risk associated with each option:
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PASS employees have backgrounds in building operations, utility management, utility budgeting, lighting,
energy management systems, mechanical systems, and general operation of facilities.
Warranty work responsibility will pass from the project manager to Schneider Electric’s Performance
Assurance Support Services (PASS) personnel at the completion of construction and will be coordinated
with this group for the duration of the warranty period.
Your PASS representative is always available to present and explain savings to make sure you
understand them. PASS is one of the many assurances Schneider Electric provides to ensure your
project savings. Due to the nature of our contracts—which differ dramatically from new construction or
installation—Schneider Electric has to make sure that our projects run properly to achieve their goals of
real energy savings.
PASS employees have backgrounds in building operations, utility management, utility budgeting, lighting,
energy management systems, mechanical systems and general operation of facilities. The group
provides troubleshooting over the phone and has first-line responsibility for warranty issues on the
Schneider Electric energy management system.
Your PASS representative is available to present and explain savings to make sure you understand them.
PASS is one of the many assurances Schneider Electric provides to guarantee your project savings.
Due to the nature of our contracts—which differ dramatically based on different market—Schneider
Electric has to make sure that our projects run properly to achieve their goals of real energy savings.
Schneider Electric strives to make your project run properly by providing any and all training that is
necessary for the department’s maintenance personnel to properly operate and maintain the installed
equipment. Schneider Electric has the capability to provide a full-service maintenance contract.
However, Schneider Electric does not require our members to execute these expensive
maintenance contracts as a prerequisite for guaranteeing performance and savings.
Please see the following excerpt from Schneider Electric’s implementation contract further outlining the
services that our PASS department will provide for our members:
ESCO'S Performance Assurance Support Services (PASS) group will assist Member and its
facility personnel in achieving efficient operation of Member’s facilities. This effort has two
primary objectives: achieving the guaranteed savings and assisting Member in maintaining
functionality of the buildings and their systems. Achieving these objectives will require a
partnership and communication as described below between Member’s staff and their
designated representative of the PASS group. These objectives will be achieved via several
means:
A Designated PASS Consultant
To provide support and achieve the best possible savings results, ESCO will assign an
individual PASS consultant to Member. The PASS consultant provides Member with a point of
contact for support and guarantee management that is involved in their project before
construction is completed. The designated PASS consultant will be familiar with the project
scope and M&V plans along with any unique performance goals or benchmarking efforts
included in the project. A partnership between the PASS consultant and Member’s staff is vital
to helping the project be successful over the long term.
Page 73
Performance Assurance Functions:
•
Monitoring
The PASS group will monitor Member’s facilities, their systems, and their vital signs through a
combination of remote and on-site efforts. These efforts will be combined with training Member’s staff
during and at the conclusion of project implementation on efficient facility operation and how to use
building systems to gather data on building performance characteristics and benchmarking parameters.
These parameters can then be used to help identify potential problems with the mechanical, electrical,
air-distribution, and other systems critical to achieving the desired building performance and guaranteed
savings as well as work with the facility staff to enhance and implement energy conservation programs.
• Utility Accounting
By tracking the measurements and data defined in Schedule D, PASS will measure the performance of
the project’s conservation measures in accordance with the M&V approach defined in Schedule D.
• Reporting
Member will receive performance-tracking reports via ESCO’S eSavings online energy management
dashboard. This report will detail current monthly savings, year to date savings, and guaranteed savings
in both dollars and utility units. The reporting will also encompass environmental benefits associated with
the project’s performance.
Support Services Functions:
• Real-Time Technical Support
The PASS group will provide Member with technical support, troubleshooting assistance, and operational
consultation to help ensure proper performance of the project scope as defined in Schedule A and ensure
that savings are achieved. ESCO and Member agree that achieving the goals and guarantees set forth
for this project will require clear, consistent communication by both parties. Member can maintain
communication and access support from their PASS consultant or other members of the PASS group in
multiple ways.
¾
ESCO’S PASS Line (800-274-5551 + 4 or 972-323-5300) offers support for urgent issues that
arise. Live PASS representatives answer this line during business hours (central time). In
the event all representatives are busy, Member may leave a message and expect a response
within 1 hour during business hours (central time). After-hours calls will be responded to
within 4 hours by an on-call PASS consultant.
¾
[email protected] is a centralized email communication portal to which
all PASS consultants have access. This tool is a vehicle to obtain answers to general
questions or non-urgent items.
¾
ESCO’S eSavings energy management dashboard also provides email communication with
Member’s designated PASS consultant.
In a further effort to provide responsiveness and accountability to Member’s needs, ESCO’S PASS group
has developed a Member Assistance Tracking System to log Member calls and track the development of
solutions to issues with building performance or savings achievement. CATS or another system will be
used for these purposes.
Page 74
• ECM consulting
Should Member experience further facility improvements, additions, new construction, or other building
modification at some point in the term of this contract, ESCO’S PASS group will be available to provide
guidance and recommendations on a wide variety of building attributes from system types to operational
strategies and building construction types for an additional fee. Design oversight and consultation are
available as well as utility master planning and capital improvement master planning. Any necessary fees
for consulting beyond standard PASS agreement levels will be negotiated between Member and ESCO
prior to commencement of any work.
• Site Visits
As part of ensuring that Member’s staff is trained to operate the systems in a manner consistent to
achieve the savings guarantee and functionality of buildings and systems, the PASS Consultant will visit
the facilities as they deem appropriate. Site visits to assist in troubleshooting issues pertinent to warranty
or other service will also be conducted as deemed appropriate.
• Ongoing training
Savings guarantees are not achievable unless Member maintains, repairs, and operates the buildings
and systems in an efficient and effective manner. Training for Member’s staff by ESCO’S project
installation and PASS personnel will occur during project installation and during the guarantee period as
deemed appropriate by ESCO. Training requirements beyond the scope of ESCO’S standard
construction and PASS training is available with additional fees to be negotiated between Member and
ESCO.
Project Financing
Schneider Electric’s Program Managers are experts in the field of finding alternative methods of
financing and organizing the procurement of financing of projects for their members. For example,
Schneider Electric has pioneered the financing of performance contracting projects in Texas by being the
first ESCO to implement projects with financing provided by the Texas Public Finance Authority and the
State Energy Conservation Office LoanSTAR program. In addition, our Program Managers also have
experience in securing ARRA funding for their members, so they are aware of all of the reporting
mandates related to ARRA requirements like the Davis-Bacon Act and the National Environmental Policy
Act. Schneider Electric will bring this expertise when working with our members.
Schneider Electric has additionally taken a lead role in financing projects using Federal Qualified Tax
Credit Bonds. Through programs like Qualified School Construction Bonds, Qualified Energy
Conservation Bonds, and Qualified Zone Academy Bonds, our members can take advantage of
extremely low effective interest rates. Schneider Electric is very familiar with these financing methods
and can lead the process for you to obtain this financing. In fact, Schneider Electric worked with the
Governor’s office to release the QECB program for Texas public entities.
Schneider Electric also has an extensive history in helping our members take advantage of utility rebate
opportunities through performance contracts. Schneider Electric tries to help its members take
advantage of a standard offer program, if it is available. To this date, Schneider Electric has helped
procure more than $7,100,000 in rebate dollars for its performance contracting members. If selected for
this project, Schneider Electric will work diligently to analyze any rebate opportunities for the department.
Unlike many other Energy Services Companies, Schneider Electric does not charge our members or
profit from the financing of performance contracts. All financing for Schneider Electric projects
comes from a 3rd party. It is in Schneider Electric’s best interest to make sure that our member secures
the best financing available, and we will provide all of the support that is needed to make it happen.
Schneider Electric does charge a fee in securing rebate dollars associated with projects. This fee is to
Page 75
cover the cost of the application and measurement and verification that normally takes place when
applying for the money.
Schneider Electric has gone the extra mile with members in Texas to arrange financing that best
meets the needs of the organization. We have extensive knowledge of the financing markets and
would gladly assist our members in securing the most attractive financial solution and applying
for all potential rebate dollars.
The table listed on the following page gives an overview of some of the financing programs available to
our members for this project:
PROGRAM STRUCTURE
•
•
Qualified Tax Credit
Bond Programs
(QSCB, QECB,
QZAB)
•
•
•
•
State Energy
Conservation Office
LoanSTAR
Program
•
•
•
•
•
Tax Free Municipal
Lease Purchase
•
•
•
•
Utility Standard
Offer Incentives
•
•
•
Page 76
Loan amount determined by
amount allocated to entity
QSCBs already allocated;
QECBs subject to $1,000
application fee to the State
Bond Review Board on a first
come, first served basis;
QZABs apply through TEA
Interest rates typically below
2%
The term of the loan is varies
per month; has typically been
15-20 years
Davis-Bacon ARRA wage
regulations apply
Savings are now applied as a
direct subsidy to the entity
instead of a tax credit
3% Interest rate
10 year simple payback
maximum
No interest charged during
construction
Revolving Loan program
administered by SECO
Most common financing
vehicle used by ESCOs
5+% interest rate
20 year maximum term
beginning after construction
Flexible structures available
IOU Standard Offer Programs
(SOPs) rebate $/kWh and
demand.
Many rules governed by PUC
Similar Application processes
between different IOU’s
Different $ available by IOU
and by program year
PROJECTS UTILIZED
Schneider Electric has worked extensively with
tax credit bonds over the past couple of years on
many projects, so we have tremendous
experience in preparing the appropriate
information for our member to apply.
Schneider Electric has implemented the following
projects utilizing Qualified Tax Credit Bonds:
•
Liberty Hill ISD
•
Bandera ISD
•
Valley View ISD
•
Brazosport ISD
•
Montgomery County, Alabama
•
•
•
•
•
•
Schneider Electric was the first ESCO
to use this program
Graham ISD-first project
Other Texas K-12 projects
Texas Health and Human Services
Commission
Texas Woman’s University
Corpus Christi ISD
Majority of K-12 and other city/county
projects
Schneider Electric has obtained over $2
million in SOP rebate dollars for Texas clients
•
Schneider Electric applies for SOP rebate
dollars on every project where it is available.
•
Schneider Electric utilizes all rebate dollars
to buy down project costs.
•
Schneider Electric has open book policy
regarding SOP rebates
•
UNTHSC, Austin State Hospital & State
School, TWU and others
Schneider Electric will assist our members with the application process for any of the above financing
options. Typically, the application process will occur while Schneider is developing the project in order to
save time and keep the development moving. Schneider will also assist in providing all relevant
construction documentation for State and Federal approval of funding.
ARRA Specific Experience
Schneider Electric is currently under contract with multiple clients that are utilizing various programs
within the American Recovery and Reinvestment Act (ARRA) funding for performance-based contracts;
these funding programs most commonly include: Energy Efficiency & Conservation Block Grants
(EECBG), State Education Program (SEP), and/or Qualified School Construction Bonds (QSCB). This
client list includes, but is not limited to:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Bandera Independent School District (ISD), Texas
Biloxi Public Schools, Mississippi
Brazosport ISD, Texas
Buena Vista City Public Schools, Virginia
City of Abilene, Texas (Phase 2)
City of Houston – Hobby Center, Texas
City of Houston, Texas (Phase 2)
Cranberry Area School District, Pennsylvania
Hiram G. Andrews Center, Pennsylvania (Phase 4)
Liberty Hill ISD, Texas
Mahanoy Area School District, Pennsylvania
Marceline R-V School District, Missouri
North Little Rock School District, Arkansas
Panther Valley School District, Pennsylvania
Piedmont City Schools, Alabama
Prince William County Government, Virginia
Roanoke City Schools, Alabama
Shelby County Government, Alabama
U.S. General Services Administration – Region 7 (Federal)
U.S. Navy – Southeast Region (Federal)
U.S. Navy – Northwest Region (Federal)
Valley View ISD, Texas
Schneider Electric has developed multiple processes necessary to remain compliant when working with
ARRA-funded projects. First and foremost, the Davis-Bacon Act and the Buy American Provisions are
two items that can have a significant impact on the procurement of a project and can cost the client
and/or contractor if not adhered to correctly. Schneider Electric has had significant experience in
following these provisions during the development, installation, and post-construction phases of a project.
There are also ongoing federal reporting requirements that require weekly, monthly, and quarterly
reporting; some of these requirements include weekly wage reporting for the Davis-Bacon Act and
quarterly Federal reporting on Form 1512. In addition, Schneider Electric has already developed the
necessary reporting tools and brings a tremendous amount of experience to our members; this will
equate to a more seamless installation period and a reduction in the hours spent on ARRA paperwork.
Page 77
The Savings Guarantee
Schneider Electric will adhere to International Performance Measurement and Verification Protocol
(IPMVP). This approach eliminates uncertainty in energy savings, because we simply look at energy use
before vs. energy after a project. The IPMVP Manual can be downloaded from the Department of Energy
website in PDF format. Upon request, we will email the file to you. Metrix™ Utility Accounting System
will be used for tracking and generating savings reports. Furthermore, Schneider Electric has subscribed
to Accu-Data®, the real-time, interactive total weather database from Accu-Weather, Inc., the world’s
leading commercial weather service. This will provide weather information from the closest North
American Hourly/Special Surface Observation Site.
Schneider Electric accounts for two
types of savings during a performance
contract: energy units and dollar
savings. The energy savings realized
by our members during a given month
are calculated by subtracting the
current month’s amount of energy
consumption from the corresponding
baseline
month’s
energy
consumption. The dollar savings are
calculated by first applying the current
utility rate to the current month’s
energy.
The same rate is then
applied to the base month’s energy.
Finally, savings figures are obtained
by subtracting current dollars from
base dollars. It is extremely important
to note that calculations are based on real rates that you pay to your electric and gas company. Savings
calculations are performed separately for natural gas and electricity, and are added together to give the
total energy cost savings during that month.
Financial Guarantees
There are two steps to determining the effects of a performance contracting project. The first is to
establish a “baseline” energy usage for each utility meter. Measuring the savings that occur is done by
tracking the difference between the baseline energy usage and the energy usage that occurs after the
project is implemented. The process of tracking this difference is commonly referred to as measurement
and verification (M&V).
Different methods of initial savings potential calculation and savings verification are used by different
ESCO’s. In general:
Savings = Baseline Energy Use - Post-Installation Energy Use
Since energy use at a facility is rarely if ever constant, another way to look at the definition of M&V is
comparing post-installation energy use with what the facility would have used if the ECMs had not been
installed.
The equitable and accurate way to calculate initial energy savings potential is to develop a spreadsheet,
which duplicates your utility’s rate structure and billing calculations on a meter-by-meter basis. This is the
approach Schneider Electric uses during the detailed audit phase of every project we implement.
Duplicating your utility’s actual billing calculations is critical because, depending upon the rate structure, a
kilowatt-hour of electricity saved may be worth different amounts of money depending upon when and
Page 78
where it is saved. Then, once Schneider Electric’s engineers have determined what the energy
consumption will be for each meter after we implement each ECM, the resulting energy consumption can
be entered into your appropriate utility rate sheet to calculate what the utility bill will be after the ECM is
implemented. The difference between the before or “baseline” bill and the after bill is the dollar value of
the calculated energy savings for that meter.
Using an “assumed” constant value for each kWh of energy saved, as many ESCOs do, overstates the
true value of the energy saved. This creates a disparity between the amount of savings the ESCO claims
to have achieved and the amount of savings our members’ facilities would actually realize.
Following project implementation, Schneider Electric’s performance assurance support services (PASS)
department takes over the project throughout the guarantee period. Schneider Electric is one of the few
companies to maintain a department whose sole responsibility is the measurement and verification of
savings.
When measuring and verifying energy savings, Schneider Electric adheres to the International
Performance Measurement and Verification Protocol (IPMVP), the IPMVP is an industry standard with
guidelines for baseline energy usage determination and post-project energy savings verification. Our
commitment to this standard ensures our members that savings calculation and verification will be
repeatable and verifiable.
The IPMVP allows for four (4) options for savings verification. They are:
M&V Option
Savings Calculation Method
Option A: Focuses on physical assessment of equipment changes to ensure the installation is to
specification. Key performance factors (e.g. lighting wattage or chiller efficiency) are determined with spot
or short-term measurements and operational factors (e.g., lighting operating hours or cooling ton-hours)
are stipulated based on analysis of historical data or spot/short-term measurements. Performance factors
and proper operation are measured or checked annually. Engineering calculations using spot or shortterm measurements, computer simulations, and/or historical data may be used.
Option B: Savings are determined after project completion by short-term or continuous measurements
taken throughout the term of the contract at the device or system level. Both performance and operations
factors are monitored. Engineering calculations using metered data.
Option C: After project completion, savings are determined at the “whole-building” or facility meter level
using current year and historical utility meter or sub-meter data. Analysis of utility meter (or sub-meter)
data using techniques from simple comparison to multivariate (hourly or monthly) regression analysis.
Option D: Savings are determined through simulation of facility components and/or the whole facility.
Calibrated energy simulation/modeling; calibrated with hourly or monthly utility billing data and/or end-use
metering.
Most building applications call for the use of Option C, the “whole-building” or meter-by-meter approach.
We believe in guaranteeing savings in this manner because that is how you pay your utility bill, meter by
meter. When characteristics of a particular building or system warrant, we may use one of the other
options.
Page 79
The Schneider Electric contract contains specific information about financial guarantees. Following is an
excerpt from the contract:
In the event the Actual Savings are less than the amount stated above, ESCO may, at its sole option,
either pay Member the net present value of the series of annual savings reconciliations at 5 % interest
rate, each calculated as the difference between the Annual Savings Guarantee and the Actual Savings
amount for the corresponding twelve (12) months, calculated as shown herein, or ESCO may elect to pay
only for the savings shortfall to date and extend the measurement period for twelve (12) months at no
cost to Member. ESCO will make payments for any savings shortfall to Member within thirty (30) days of
that year's Savings Reconciliation. At the end of this extended measurement period, ESCO will again
determine the savings for the remaining guarantee periods using the methodology as set forth in
Schedule D and will again choose to reconcile any shortfalls with the same options presented at the
conclusion of the initial measurement period. ESCO will make payments for any savings shortfalls to
Member within thirty (30) days of the Savings Reconciliation.
-ORIn the event the Actual Savings are less than the Guaranteed Savings for the corresponding twelve (12)
months, ESCO will pay Member the difference between the Annual Savings Guarantee and the Actual
Savings for the corresponding twelve (12) months. ESCO will make payments for any savings shortfall to
Member within thirty (30) days of that year's Savings Reconciliation. In the event that there are any
Excess Savings, such Excess Savings shall be used to offset any payments made by ESCO with respect
to any shortfall.
Schneider Electric Energy Solutions honors a lump sum, fixed price for the defined scope of work,
following a Detailed Energy Audit report performed by Schneider Electric. Additionally, we offer a bid
bond and a performance and payment bond.
Page 80
Risk Mitigating Strategies
Schneider Electric guarantees energy savings based on actual unit costs. Many companies use an
average or blended cost derived from dividing total kWh by total dollars. This approach ignores the effect
of demand charges and tends to overstate savings. Schneider Electric believes in calculating savings the
same way you are charged for usage.
Schneider Electric includes baselines in our contracts, as well as any calculations needed to adjust the
baseline. All calculations are based on ASHRAE formulas and national weather service data. We also
include a measurement and verification plan developed during the detailed audit. This M&V plan follows
the IPMVP standard for measuring and documenting post retrofit energy savings.
Schneider Electric assumes the risk associated with performance contracting and achieving guaranteed
savings, assuming the system is operated as designed and no modifications are made without approval
and agreement by both parties.
If Schneider Electric should fail to meet the guaranteed energy savings, we will write a check in the
amount of the savings shortfall to the member.
Schneider Electric also offers over a decade of experience with projects both large and small where our
members have received exactly what we promised them. This spotless history, in and of itself, is the best
way to reduce risk for our members. Past performance is the best indicator of future expectations.
• Frequency of Reconciliation
Schneider Electric will reconcile energy savings once per year. The section of the Schneider Electric
contract that pertains to reconciliation is located in Schedule C of the Schneider Electric Energy Services
Contract
•
Repayment of Missed Savings
In the event of missed savings, Schneider Electric will begin the process of repayment. Schneider
Electric will first try to understand why the shortfall has occurred. Because Schneider Electric is
continuously monitoring the member’s usage, a lot of this research is done before the end of the
anniversary of the Savings Guarantee Commencement Date. If it is determined that the shortfall has
occurred because of a deviation from the original contract, i.e. – not using the schedules outlined in the
contract, adding square footage to a meter being monitored without notifying Schneider Electric, not using
the set-points set forth in the contract, etc. – then adjustments to the savings figure are made. If a
shortfall still remains after adjustment, Schneider Electric will write a check for the adjusted amount. If it
is determined that the shortfall is through no deviation of the original contract then a check will be cut for
the full difference. Payments for any savings shortfall will be made by Schneider Electric to our member
within 30 days of that year's annual Guaranteed Savings Reconciliation.
•
Treatment of “Operational” (non-utility) savings as they pertain to the guarantee
One of the aspects of Schneider Electric’s approach to performance contracting that differentiates us from
most companies is our attitude toward using “operational” savings as guaranteed savings. One of the
results of entering a guaranteed energy savings partnership with Schneider Electric is the installation of
various pieces of new mechanical, lighting, and control system equipment. The effect of replacing old
equipment with new or using new equipment to automate processes previously performed manually is an
improvement in the efficiency of the member’s facility maintenance department. While this efficiency
improvement results in some sort of savings to the member, this “operational” savings is in many
cases not quantifiable or verifiable and therefore, should not be used as guaranteed savings.
Schneider Electric believes in using only savings which are real and verifiable to document
Page 81
projects. Any non-energy savings included in a savings guarantee add risk to the member and
increase the potential for financial shortfalls in future years. In most instances, “operational”
savings add more risk than value to the project. In some instances it may be appropriate to
guarantee some type of operational savings. If this is done, those “savings” must be thoroughly
understood and quantitatively agreed upon by the member and Schneider Electric to avoid financial
shortfalls in future years of the guarantee.
•
Any situations that would void the guarantee
In order to monitor and verify the guarantee, the Performance Assurance Support Services (PASS)
Contract must be renewed on a yearly basis. If the member chooses not to renew PASS, then it is
impossible for Schneider Electric to monitor and verify savings, thus voiding the guarantee.
•
If measured specific guarantees are or are not used, explain how and to what extent
Measured Specific Guarantee - Option B (IPMVP): Engineering calculations using metered data. Savings are determined after project completion by short-term or continuous measurements taken
throughout the term of the contract at the device or system level. Both performance and operations
factors are monitored.
Again, Schneider Electric typically uses Option C, the “whole-building” or meter-by-meter approach
because most energy savings applications will require this option in order to best verify the savings for the
member. We believe in guaranteeing savings in this manner because that is how you pay your utility bill,
meter by meter. When characteristics of a particular building or system warrant, we may use a measured
specific guarantee.
Schneider Electric typically will only use a measured specific guarantee if there is only one energy
conservation measure being installed. For example: If the member performed a classroom lighting
retrofit at its schools, it would be advantageous to use a measured specific guarantee. The cost of doing
whole meter measurement on this type of retrofit would be difficult and costly. When looking at a facility
with multiple energy conservation measures, using a measured specific guarantee could put the member
at risk. Measuring each ECM (Energy Conservation Measure) without taking into consideration the
interaction between multiple ECMs might inflate the savings. For example: During this project, a lighting
retrofit and HVAC improvements are implemented at the member’s facilities. If a measured specific
guarantee is used, the numbers will reflect the savings attributed from each ECM independently. The
problem that exists is that the measured specific guarantee does not take into account the interaction
between the two ECMs. For instance, if a lighting retrofit is performed, it removes heat load from the
building. What effect will that have on the cooling capacity needed to cool the building? What effect will
the retrofit have on the ability of the current heating system to heat the building during winter months
considering the loss in heat load due to the lighting retrofit? Studying how ECMs interact and affect each
other is crucial to avoiding comfort and equipment problems after the project is implemented. It also will
protect the member against inflated savings, which might put the member at risk.
•
If stipulated savings are to be used, explain how and to what extent
When an ESCO and a performance contracting member agree to use stipulated savings, this means that
both parties agree that such savings will be assumed to occur in the contract and will not be tracked by
the ESCO during the guarantee period of the project. When savings are stipulated, the risk for achieving
the savings moves from the ESCO to the member. As stated above, when operational or maintenance
savings are used in a performance contract, those O&M savings are agreed upon by the member and
stipulated in the contract, so these savings must be thoroughly understood and quantitatively agreed
Page 82
upon by the ESCO and the member. Beware of ESCOs that attempt to build a large percentage of their
projects around O&M savings, as these savings are typically stipulated.
Part of Schneider Electric’s unparalleled success in Texas comes as a result of our efforts to build
projects around savings that are real and verifiable to our members. This means having a savings
guarantee that is NOT built around stipulated savings, using stipulated savings as a small percentage of
overall savings and on a limited basis, and using them when it makes sense from an M&V or financial
perspective. Schneider Electric’s most common examples of stipulated savings include stipulating energy
or water savings when it is not cost effective to the member to track the savings from the electric or water
meter and stipulating small amounts of material savings associated with equipment upgrades.
U
Page 83
U
CNA Surety
333 South Wabash Avenue, Chicago, IL. 60604
December 7, 2012
Region 4 Education Service Center
7145 West Tidwell Road
Houston, TX 77092
Re:
Prequalification
Western Surety Company, a corporation under the laws of the State of South Dakota, with an office and
place of business at 333 5. Wabash Aye, Chicago, IL 60604, represents Schneider Electric Buildings
Americas, Inc. for surety bonding needs.
At the present time, Schneider Electric Buildings Americas, Inc. is in a position to consider single projects
up to $25,000,000 within an aggregate limit of $300,000,000. The statement of these values is neither a
commitment nor a limitation of the bonding capacity of Schneider Electric Buildings Americas, Inc. At
the request of Schneider Electric Buildings Americas, Inc., Western Surety Company will give favorable
consideration to providing the required performance and payment bonds.
Please note that the decision to issue performance and payment bonds is a matter between Schneider
Electric Buildings Americas, Inc. and Western Surety Company, and will be subject to our standard
underwriting at the time of the final bond request, which includes but not limited to the acceptability of
the contract documents, bond forms and financing. We assume no liability to Schneider Electric
Buildings Americas, Inc., third parties or to you if for any reason we do not execute said bonds.
Sincerely,
Victoria P. Parkerson
AttorneyinFact
Western Surety Company
Rated A by AM. Best, Financial Size Categoty XI
Page 84
Western Surety Company
POWER OF ATTORNEY APPOINTING INDI\ IDUAL ATTORNEY-IN-FACT
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References
Provide a minimum of five (5) customer references for product and/or services of similar scope
dating within the past 3 years. Please try to provide an equal number of references for K12, Higher
Education and City/County entities. Provide the following information for each reference:
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Entity Name
City and State
Phone Number
Years Serviced
•
Annual Volume
Page 86
Entity Name
Brazosport Independent School District
Daniel Schaefer, Executive Director for Business Services
City and State
Freeport, Texas
Phone Number
(979) 730-7000 ext. 10183
Years Serviced
1.5 years
Energy Savings Performance Contract
Annual Volume
2010: $7,534,689
Entity Name
Bay City Independent School District
Keith Brown, Superintendent
City and State
Bay City, Texas
Phone Number
(979) 245-5766
Years Serviced
9 years
Energy Savings Performance Contract, Two Phases
Annual Volume
2003: $3,044,678
2009: $3,396,710
Entity Name
Liberty Hill Independent School District
Dr. Rob Hart, Superintendent
City and State
Liberty Hill, Texas
Phone Number
(512) 260-5580
Years Serviced
2 years
Annual Volume
2010: $1,139,803; Future phase to come in 2012-2013
Page 87
Entity Name
Kirbyville Consolidated Independent School District
Richard Hazlewood, Superintendent
City and State
Kirbyville, Texas
Phone Number
(409) 423-2284
Years Serviced
3 years
Annual Volume
2009: $575,670
Entity Name
Little Cypress-Mauriceville Consolidated Independent School District
Phillip Matthews, Maintenance Director
City and State
Orange, Texas
Phone Number
(409) 883-2232
Years Serviced
3 years
Annual Volume
2009: $4,826,959
Entity Name
University of North Texas
Charles Jackson, Associate VP of Facilities
City and State
Denton, Texas
Phone Number
(940) 565-3990
Years Serviced
15 years
Energy Savings Performance Contract, Two Phases
Annual Volume
1997: $9,045,454
2010: $42,386,339
Page 88
Entity Name
Texas State Technical College - Harlingen
Chuck Smith, Assistant VP of Administrative Services
City and State
Harlingen, Texas
Phone Number
(800) 852-8784
Years Serviced
12 years
Energy Savings Performance Contract and Design/Build Energy
Conservation Project
Annual Volume
2000: $990,755
2011: $2,335,235
Entity Name
Lamar State College
Steve Arnold, Physical Plant Director
City and State
Port Arthur, Texas
Phone Number
(409) 984-6249
Years Serviced
1 year
Design/Build Mechanical Project
Annual Volume
2011: $1,995,000
Entity Name
Coastal Bend College
Ruth Cude, Dean of Administrative Services
City and State
Beeville, Texas
Phone Number
(866) 722-2838
Years Serviced
1 year
Annual Volume
2011: $2,548,261; additional phases developed
Page 89
Entity Name
Southwest Texas Junior College
Hector Gonzales, Dean of Instruction and Chief Financial Officer
City and State
Uvalde, Texas
Phone Number
(830) 591-7286
Years Serviced
1 year
Annual Volume
2012: Project currently in Development
Entity Name
Lamar University
Corbet Landry, Director of Maintenance and Operations
City and State
Beaumont, Texas
Phone Number
(409) 880-1754
Years Serviced
8 years
Annual Volume
2004: $13,747,451
Entity Name
Southern Methodist University
Michael Paul, Facilities Management and Sustainability
City and State
Dallas, Texas
Phone Number
(214) 768-2122
Years Serviced
5 years
Annual Volume
2007:
2008:
2008:
2010:
Page 90
$3,097,694
$1,432,383
$5,184,655
$4,488,530
Entity Name
City of Houston
Steve Girardi, Facilities Manager
City and State
Houston, Texas
Phone Number
(832) 393-8085
Years Serviced
3 years
Energy Savings Performance Contracts, Multiple Phases
Annual Volume
2009: $37,066,098
Entity Name
City of Dallas
Jesse Dillard, Project Engineer
City and State
Dallas, Texas
Phone Number
(214) 670-3427
Years Serviced
9 years
Energy Savings Performance Contract and
Design/Build EECBG Project
Annual Volume
2003: $9,468,570
2010: $10,000,000
Entity Name
City of Harlingen
Dan Serna, Public Works Director
City and State
Harlingen, Texas
Phone Number
(956) 216-5304
Years Serviced
8 years
Energy Savings Performance Contract and Solar Photovoltaic Project
Annual Volume
2004: $1,279,890
2010: $636,504
Page 91
Entity Name
City of Abilene
Odis Dolton, Assistant Director of Finance
City and State
Abilene, Texas
Phone Number
(325) 676-6496
Years Serviced
4 years
Energy Savings Performance Contract and EECBG Grant Projects
Annual Volume
2008: $9,064,417
2009: $1,022,440
2012: $210,000
Entity Name
City of Denison
Robert Hanna, City Manager
City and State
Denison, Texas
Phone Number
(903) 465-2720
Years Serviced
1 year
Energy Savings Performance Contracts, Multiple Phases
Annual Volume
2012: $7,943,747
Entity Name
City of Marshall
Frank Johnson, City Manager
City and State
Marshall, Texas
Phone Number
(903) 935-4418
Years Serviced
3 years
Annual Volume
2009: $1,081,287
Page 92
Entity Name
City of Frisco
Gerry Burns, Director of Facilities
City and State
Frisco, Texas
Phone Number
(972) 292-5112
Years Serviced
1 year
Annual Volume
2011: $326,620
Entity Name
Dallas County
John Clark, Lead Project Manager
City and State
Dallas, Texas
Phone Number
(972) 523-4668
Years Serviced
1 year
Conservation Upgrades
Annual Volume
2012: $14,700,000
Entity Name
Alabama Emergency Management Agency
Terry DeVaughn, Director of Facilities and General Services
City and State
Clanton, Alabama
Phone Number
(205) 280-2245
Years Serviced
3 years
Annual Volume
2009: $1,367,367
Page 93
Entity Name
Alabama Department of Mental Health
Ashley Nichols, Advisory Attorney and Land Manager
City and State
Montgomery, Alabama
Phone Number
(334) 353-7215
Years Serviced
5 years
Annual Volume
2007: $1,476,355
Entity Name
Santiam Correctional Institution-Oregon Department of Corrections
Jim Poore, Senior Project Manager
City and State
Salem, Oregon
Phone Number
(503) 932-2119
Years Serviced
3 years
Annual Volume
2009- $1,850,000
Entity Name
Graterford Prison-Pennsylvania Department of Corrections
George Hiltner, Facility Maintenance Manager III
City and State
Graterford, Pennsylvania
Phone Number
(610) 489-4151 x2956
Years Serviced
5 years
Annual Volume
2007: $12,996,312
Page 94
Entity Name
Virginia Community College System
Dan Jewett, Capital Outlay Manager
City and State
Richmond, Virginia
Phone Number
(804) 819-4914
Years Serviced
7 years
Annual Volume
Over 7 years: $80,959,671
Entity Name
Chicago Public Schools
Brian Martin, Energy Manager
City and State
Chicago, Illinois
Phone Number
(773) 553-3748
Years Serviced
5 years
Annual Volume
2007: 17,589,884
Entity Name
Eudora Unified School District
Don Grosdidier, Superintendent
City and State
Eudora, Kansas
Phone Number
(785) 542-4910
Years Serviced
8 years
Annual Volume
Over 8 years: $7,196,427
Page 95
Entity Name
Los Angeles Community College District
Tom Hall, Executive Director, Facilities Planning and Development
City and State
Los Angeles, California
Phone Number
(213) 891-2119
Years Serviced
3 years
Annual Volume
2009: $7,060,028
Schneider Electric References
The references exhibited on the previous pages demonstrate Schneider Electric’s ability to design and
install conservation measures in a variety of facility types. Through consistent growth and thought
leadership, Schneider Electric has established its leadership in the industry. The history of Schneider
Electric Energy Solutions is one of exceeding the expectations of our clients. Schneider Electric’s Energy
Solutions group has implemented nearly 500 guaranteed energy savings projects across the nation,
implementing well over $1 billion of projects that achieve real energy savings. In Texas alone, we have
over 170 performance contract references. Schneider Electric is dominant in the Texas market and
has the resources to meet and exceed our client’s expectations.
An important aspect of a project is “Program Planning”. Once we have been selected as our client’s
partner and engage in the project developing a plan for moving forward is generally the first step. This is
particularly important for some of TCPN’s clients that have exceptional size. Evaluations are conducted
to determine whether to execute projects in phases or as a single large project. Two great examples of
how this process can lead to different approaches based on client needs are the University of North
Texas (UNT) and Southern Methodist University (SMU).
At UNT the primary need on campus was to upgrade the central plant loop and replace the main campus
central plant. To make the correct assumptions regarding plant size, sequence of operation, building tiein piping designs, etc., the campus needed to be evaluated as a whole. In addition, in order for the
savings from the shorter payback items to help offset the cost of the longer payback central plant the
project really needed to be done as one contract. For these reasons the decision was made to audit the
entire campus at one time and move a single contract through the state process for approval. By doing
this UNT has been able to realize their goal of replacing their existing central plant and loop that served
17 buildings, with two new central plants piped together serving 39 buildings through about 6 miles of new
underground piping.
At SMU there was not the same desire for a single large scale retrofit that required all facilities to be
evaluated at one time. SMU had many needs throughout campus but in order to start the process of
installing retrofits sooner the projects were broken into smaller phases that could be moved through the
approval process faster than a single large project. Also, since SMU is a private university, the approval
process is not as cumbersome to go through multiple times as it would be for a public institution.
Many of our projects are relative to the needs of TCPN’s customers and similar in the geographical area,
and expected scope of work. While the actual solutions for each client come together differently, there
are similarities in the process followed to get there.
Page 96
Below is a list of the education market performance contracting clients, in the State of Texas, that
Schneider Electric has served over the years. Schneider Electric Energy Solutions has built its
business locally in the State of Texas by committing to work with K-12 school districts and we
hope that this proven long-term commitment will continue with TCPN customers.
Schneider Electric Texas K-12 Performance Contracting References
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Allen ISD
Alvarado ISD
Alvin ISD
Aransas County ISD
Aubrey ISD
Bandera ISD
Bay City ISD
Phases I & II
Beeville ISD
Blanco ISD
Bowie ISD
Breckenridge ISD
Brock ISD
Brooks Co. ISD
Canton ISD
Castleberry ISD
Center ISD
Chisum ISD
Clyde CISD
Colorado ISD
Comanche ISD
Phases I & II
Community ISD
Connally ISD
Corpus Christi ISD- 4
Phases
Page 97
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Crockett ISD
Detroit ISD
Eagle MountainSaginaw ISD
Edcouch-Elsa ISD
Edgewood ISD
El Campo ISD
Elgin ISD
Episcopal School of Dallas
Everman ISD
Fort Sam Houston ISD
Friendswood ISD
Gilmer ISD
Gladewater ISD
Graham ISD
Grand Prairie
Phases I & II
Grand Saline ISD
Grape Creek ISD
Gregory-Portland ISD
Hardin-Jefferson ISD
Harmony ISD
Hitchcock ISD
Houston ISD Phase I
Hudson ISD
Huffman ISD
Hughes Springs ISD
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Hull-Daisetta ISD
Jacksonville ISD
Jasper ISD
Jefferson ISD
Kerens ISD
Kilgore ISD
Phases I & II
Kingsville ISD
Kirbyville CISD
Kountze ISD
Krum ISD
La Feria ISD
La Marque ISD
La Pryor ISD
Liberty Hill ISD
Lindale ISD
Linden-Kildare ISD
Little Cypress
Mauriceville CISD
Little Elm ISD
Longview ISD
Luling ISD
Phases I & II
Magnolia ISD
McAllen ISD
Melissa ISD
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Mercedes ISD
Mineola ISD
Mt Pleasant ISD
Navarro ISD
Needville ISD
Newton ISD
Nueces Canyon CISD
Olton ISD Phases I & II
Palacios ISD
Pearsall ISD
Pharr\SJ\Alamo ISD
Plainview ISD
Prairiland ISD
Premont ISD
Randolph ISD
Red Oak ISD
Redwater ISD
Region One Education
Service Center
Rio Hondo ISD
Rivercrest ISD
Riviera ISD
Robinson ISD
Roxton ISD
Royse City ISD
Santa Rosa ISD
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Schertz-CiboloUniversal City ISD
Shallowater ISD
Sharyland ISD
Sheldon ISD
Skidmore-Tynan ISD
Splendora ISD
Sweeny ISD
Sweetwater ISD
Taft ISD
Tarkington ISD
Thrall ISD
Timpson ISD
Tom Bean ISD
Tuloso-Midway ISD
Valley View ISD
Van ISD
Waller ISD
Brazos ISD
Weslaco ISD
West ISD
Phase I & II
West Orange Cove CISD
White Oak ISD
Wills Point ISD
Yoakum ISD
Our references are what allow Schneider Electric to be known as the most qualified and ethical
company in this industry. Schneider Electric has a vested interest in the long-term success of all
facets of our clients’ business. This allows Schneider Electric to compliment your existing goals
and maximize the gains in quality and efficiency in as many areas as possible through your
project. Indicative of our dedication to lasting partnerships is our history of recurring business
with existing clients through second and third-phase contract agreements. Schneider Electric has
unprecedented success with customers nationwide, both large and small, that demonstrate our
long-term commitment to this industry. And, given that we already have multiple contracts with
TCPN, Schneider Electric feels that this added link between our firms will be mutually beneficial
and successful.
Please review the detailed references that are included later in this section. These are just a few
examples of work that Schneider Electric has recently completed. If you have any other questions that
need to be answered or would like some more examples of references then please feel free to contact us
at anytime.
In addition, Schneider Electric was selected as a prime contractor for energy efficiency services at
Houston Independent School District in 2011. Conforming to an accelerated time schedule
required by HISD, we have already finished development on our first phase of improvements at
HISD’s facilities. The phase one project constitutes approximately $22 Million in improvements.
In addition to our work with the Texas HHSC, Schneider has had the pleasure of working with State
Universities like Lamar University, Angelo State University, the University of North Texas, and Texas
Woman’s University. Schneider Electric has experience in State of Texas projects and other State
Agency projects across the nation and realizes the importance that these agencies, like school districts,
play in the day to day functions of citizens in the US. Schneider Electric would be honored to meet and
exceed TCPN’s expectations and partner with you for years to come on facility performance and energy
conservation.
Schneider Electric’s ESPC success is particularly exemplified by our unsurpassed success as an ESCO
in the state of Texas, the home of TCPN. Since our inception in 1993, we have successfully executed
over 170 ESPC projects in the state of Texas alone. This includes ESPC projects with over 100 K-12
school districts, several projects with city and county governments, numerous private universities, several
state universities, and comprehensive projects with both the Texas Health and Human Services
Commission and the Texas Parks and Wildlife Department.
Please see the chart below for some other Schneider Electric Texas projects that demonstrate our
relevant experience and capabilities.
Page 98
PROJECT
TOTAL
PROJECT COST
ANNUAL
GUARANTEED
SAVINGS
Texas Health and Human Services Commission,
(HHSC) Phase 1
$13,894,980
$1,293,815
Texas HHSC, Phase 2
$11,545,023
$1,075,001
Texas HHSC, Phase 3
$13,127,700
$1,222,556
Texas HHSC, Phase 4
$11,445,213
$1,050,355
Texas HHSC, Phase 5
$12,140,016
$1,157,790
Texas HHSC, Phase 6
$5,153,072
$479,822
Texas HHSC, Phase 7
$7,563,395
$703,133
Texas Parks and Wildlife Department
$2,542,733
$109,077
Texas Woman’s University
$19,356,000
$2,158,166
University of North Texas Health Science Center
$3,200,000
$286,654
Texas A&M Commerce
$2,963,000
$293,293
Texas State Technical College—Harlingen
$975,000
$72,252
Lamar University
$13,747,451
$1,319,637
Angelo State University
$13,198,066
$799,014
$51,431,793
$4,253,725
Additionally, Schneider Electric has extensive experience with similar types of facilities and equipment to
TCPN customers’. Because we have implemented such a wide array of comprehensive projects for our
customers, you can be confident that Schneider’s project team can audit, design, and implement your
project at a very high level.
Page 99
Denton, Texas
State of Texas Higher Education
University of North Texas Reference
Mr. Charles Jackson, PE
Associate Vice President of Facilities
2204 W. Prairie St.
Denton, Texas 76203-1040
(940) 565-3990
Nature of Responsibility: Prime Contractor with total project responsibility that included program
development planning, energy auditing; engineering design; project installation, management, and
maintenance; measurement and verification of performance (M&V) as well as guaranteed savings, and
economic analysis. This overview depicts the Phase 2 project at UNT, which is currently under
construction by Schneider Electric.
Number of Buildings and Square Footage
93 buildings totaling 5,400,000 square feet
Scope of Work
Renovation of central utility plant, design and installation of a 6 mile long campus-wide underground
piping loop connecting 39 buildings to the central plant, campus-wide lighting control retrofit, air handler
replacements and modifications, water conservation, power factor correction, campus-wide direct digital
controls upgrade, re-commissioning, fume hood replacements, campus-wide real time power monitoring
system and dashboard, pc power monitoring software.
Project Costs
$42,386,339 - 15 year term contract, project is currently within budget and on schedule
Construction Start & End Dates - 15 year term contract
Construction Start Date:
8/1/2010
Construction End Date:
12/1/2012
Projected, Guaranteed and Annual Savings
Savings is measured in accordance with IPMVP Options A & C.
Projected
Dollars
Page 100
$3,207,690
Guaranteed
$3,018,248
30 Months of
Installation
$3,199,179
Below is a chart that shows the savings actually achieved against the savings guaranteed for
during the term of the first project completed for UNT.
Page 101
Southern Methodist University
Dallas, Texas
Private Texas Higher Education Institution
SMU Reference
Michael Paul,
Executive Director, Facilities Management and Sustainability
214-768-2122
PO Box 750273
Dallas, TX 75275
[email protected]
planning, energy auditing; engineering design; project installation, management, and maintenance;
measurement and verification of performance (M&V) as well as guaranteed savings, capital and financing
means, and economic analysis.
47 buildings totaling 3,494,722 square feet.
Scope of Work
Lighting retrofit, High-efficiency 2,400 ton centrifugal chiller, New motors, Variable frequency drives,
Water conservation, Decoupler installation, Chiller plant automation, Boiler replacements, control,
Condensing economizer, Steam distribution pressure automation, Pipe low pressure steam to de-aerator
tank, and a Pool heating system.
Project Cost
SMU Phase 1:
SMU Phase 2:
SMU Phase 3:
SMU Phase 4:
SMU Total:
$3,097,694
$1,432,383
$5,184,655
$4,488,530
$14,203,262
SMU Phase 1: Start Date: 6/15/07
End Date: 12/1/07
End Date: 8/1/09
End Date: 12/30/09
End Date: TBD
Combined Program Projected, Guaranteed and Annual Savings
Savings is measured in accordance with IPMVP Option C for all but water. Water is Option A.
Phase 1
Projected
Guaranteed
Dollars
$1,370,376
$1,168,904
Page 102
Below is a chart that shows the savings actually achieved against the savings guaranteed.
Page 103
Alvin ISD
Alvin, Texas
Texas K-12
Alvin ISD Reference
Mr. Tommy King
Interim Superintendant of Schools
301 East House Street
Alvin, Texas 77511
(281) 331-1393
Nature of Responsibility: Prime Contractor with total project responsibility that included energy
auditing; engineering design; project installation, management, and maintenance; measurement and
verification of performance (M&V) as well as guaranteed savings, capital and financing means, and
economic analysis.
Scope of Work
New central plant, chilled water distribution modifications, cooling tower installation, carbon dioxide
outdoor air control strategy implemented, campus-wide domestic water conservation-toilets, faucets,
showerheads, etc., campus-wide lighting retrofit, rooftop HVAC system replacements, Direct Digital
Controls installation, retro-commissioning of mechanical and control systems.
Project Cost
$6,364,893 - 15 year term contract
9/10/2002
12/31/2004
Dollars
Page 104
Projected
Guaranteed
$704,819
$599,096
Below is a chart that shows the savings actually achieved against the savings guaranteed.
Page 105
Brazosport ISD
Freeport, Texas
Texas K-12
Brazosport ISD Reference
Mr. Daniel Schaefer
Executive Director for Business Services
P.O. Drawer Z
Freeport, Texas 77542
(979) 730-7000 ext. 10183
Nature of Responsibility: Prime Contractor with total project responsibility that included energy
auditing; engineering design; project installation, management, and maintenance; measurement and
verification of performance (M&V) as well as guaranteed savings, capital and financing means, and
economic analysis.
Scope of Work
Mechanical system upgrades and replacements, district-wide domestic water conservation-toilets,
faucets, showerheads, etc., district-wide lighting retrofit, Direct Digital Controls installation, retrocommissioning of district mechanical systems and revamping abandoned water towers, building envelope
upgrades.
Project Cost
$7,534,689 - 15 year term contract
This projected was funded with QSCB allocations
11/1/2010
Projected Construction End Date:
5/1/2112
Dollars
Projected
Guaranteed
$724,667
$613,984
This project is currently in the installation phase so performance tracking of the savings has not
begun.
Page 106
City of Houston
Houston, Texas
Texas Municipality
City of Houston Reference
Steve Girardi
Facilities Manager
General Services Division
Phone: (832) 393-8085
planning energy auditing; engineering design; project installation, management, and maintenance;
measurement and verification of performance (M&V) as well as guaranteed savings, and economic
analysis
Schneider Electric worked with the City’s staff to make architectural upgrades of the lighting in the City
Hall lobby, the City Hall clock tower and special event lighting on the exterior of the City Hall. By applying
the correct lighting technology the important historical look of certain areas of the City Hall have been
restored.
37 buildings totaling 2,030,960 square feet under contract to date
Scope of Work
Central plant chiller replacements, chilled water distribution modifications, domestic water conservationtoilets, faucets, showerheads, etc., lighting retrofit, lighting control installations, constant volume Air
Handler to Variable Air Volume conversions, air handler replacements, Direct Digital Controls installation,
emergency power generation installation, hurricane hardening of one of the primary IT server areas,
electrical switchgear evaluation and replacement, daylight harvesting.
Project Costs
$37,066,098 – 15 year term contract
5/1/2009
Phase 1 and Hobby Center are complete, Phase 2 is ongoing
Overall Projected, Guaranteed and Annual Savings
Savings is measured in accordance with IPMVP Option A or C depending on building size.
Dollars
Page 107
Projected
Guaranteed
$2,292,214
$1,951,084
Below is a chart that shows the savings actually achieved against the savings guaranteed for the
Phase 1 project. While the installation was just completed in January, review of the installation
savings from this chart demonstrates that the savings performance is beginning to accrue at a
monthly rate that will allow the City of Houston to realize the savings promised.
Page 108
Texas Health and Human Services Commission
Austin, TX
Texas Health and Human Services Commission
Terek Bou-Saada
Energy Manager
2100 Preston
Richmond, TX 77469
(281) 344-4435
planning, energy auditing; engineering design; project installation, management, and maintenance;
measurement and verification of performance (M&V) as well as guaranteed savings, capital and financing
means, and economic analysis.
Scope of Work
The Texas Health and Human Services Commission (HHSC) has awarded seven performance
contracting work orders for this project totaling more than $76 million to Schneider Electric. Utility
conservation measures covered in the performance contracts will include mechanical enhancements
such as new chillers, boilers and air handlers; lighting replacements; and water conservation retrofits. A
new energy management system will be installed statewide to improve occupant comfort, reduce energy
costs, and standardize the monitoring of mechanical systems and energy consumption. Consolidating 13
onsite laundries into five regional laundries will provide HHSC with significant utility, operations and
maintenance savings. Renewable energy measures will include solar hot water heating equipment for the
swimming pools used for physical therapy.
Total Project Size
$76,637,550 to date:
Square Footage
22,467,334 in 25 locations across Texas
Phase I - $13,990,402
Phase II - $11,608,773
Phase III - $14,566,803
Phase IV - $11,456,069
Phase V - $12,299,036
Phase VI - $ 5,153,072
Phase VII - $ 7,563,395
2,427,200
1,913,021
2,089,965
1,382,127
13,670,278
149,244
835,499
15 Years for each Phase
Projected Start Date:
10/01/2004
Actual Start Date:
10/19/2004
Projected End Date:
11/2008
Actual End Date:
11/01/2008
Projected
Dollars
Page 109
$8,052,379
Guaranteed
$6,982,472
Below is a chart that shows the savings actually achieved against the savings guaranteed for all
phases of HHSC combined.
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Pricing
Appendix C:
PRICING
Electronic Price Lists
• Respondents must submit products, services, warranties, etc. in price list.
• Respondents should submit a coefficient (regular hours and overtime hours) for pricing
a job utilizing RS Means national cost book, where appropriate.
• Prices listed will be used to establish the extent of a manufacturer’s product lines,
services, warranties, etc. that are available from a particular offeror and the pricing per
item.
• Electronic price lists must contain the following: (if applicable)
• Manufacturer part #
• Vendor part # (if different from manufacturer part #)
• Description
• Manufacturers Suggested List Price and Net Price
• Net price to Region 4 ESC (including freight)
• Media submitted for price list must include the respondents’ company name, name of the
solicitation, and date on CD, DVD or Flash Drive (i.e. Pin or Jump Drives).
• Please submit price lists and/or catalogs in electronic form only.
Not to Exceed Pricing
• Region 4 ESC requests pricing be submitted as not to exceed for any participating
entity.
• Unlike fixed pricing the awarded vendor can adjust submitted pricing lower if needed
but, cannot exceed original pricing submitted for solicitation.
• Vendor must allow for lower pricing to be available for similar product and service
purchases.
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Value Add
Please include any additional products and/or services not included in the scope of the solicitation that
you think will enhance and/or add value to this contract for participating agencies.
.
Please also see Schneider Electric’s contracts with TCPN for Facility Integration
Technology and Security Systems for much more information on the added
value that Schneider Electric can bring to TCPN customers. Summit Energy,
which is a part of Schneider Electric, also has a TCPN contract for Energy
Procurement and Consulting, further broadening the tremendous value that
Schneider Electric brings. Schneider Electric has valued its contract with TCPN
over the years, and we hope to further demonstrate our ability to bring value to
you through Energy Performance Contracting.
Design/Build Energy Efficiency Contracting
Schneider Electric is able to provide TCPN members with energy efficiency or capital improvement
projects on a Design/Build basis. Some entities prefer this method due to a variety of different factors,
and Schneider Electric can deliver a successful project with the same speed and consistency as our
Performance Contracting projects.
Ability to Work with Different Makes of Equipment
Schneider Electric offers a variety of products, services and training to its customers. We firmly believe
that Schneider Electric energy management systems and products are the best available in today's
marketplace. Even so, our employees have a wealth of experience with all types of equipment and
systems. We do not work with one specific equipment manufacturer; instead we’re educated about
all available equipment in the marketplace. We’ll recommend the equipment that best meets your
needs, regardless of manufacturer, and we can work with your current equipment if you so
choose.
Example: Liberty Hill ISD had an Alerton control system at one of their schools. Schneider
Electric discovered that a tremendous amount of energy savings could be achieved by making
some minor upgrades to the existing system instead of replacing the control system that was in
place.
At El Campo ISD, Schneider Electric effectively designed an entire Trane controls solution for the
district because this was their preference and Schneider Electric never wants to force any client
into one manufacturer’s systems vs. another. We work with what you have and find the best and
most economical solution to make things run efficiently.
Additionally, Schneider Electric offers a number of products for different system and communications
needs. If you have a specific interest in another LON technology not addressed here, we will be happy to
provide product literature. Schneider Electric is at the forefront of open systems technology. Schneider
Electric is also a leader in the industry in supplementing control systems capabilities to properly
view, investigate, and improve energy usage in your buildings. In particular, Schneider Electric
can provide assistance in implementing LON-based solutions, including the effective integration
of your LON products in order to optimize energy monitoring and energy usage.
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Schneider Electric also has an entire line of security products including video monitoring, access control,
and other facility safety measures. If clients are interested integrating security, energy, and control
together, then Schneider Electric is the clear leader of the market.
Web-Based Energy Management Systems
An important requirement of an ESCO is the ESCO’s ability to provide a web-based energy management
system. One of the business units within Schneider Electric is our Square D power monitoring/metering
group. Square D is a world renowned provider of electrical components. As such Schneider Electric has
a world class energy monitoring/metering capability that is unmatched by any other company world-wide.
Below are some examples of both large and small installations of metering technology for our clients.
Texas A&M University
Over the last 10 years Texas A&M have installed an Advanced Metering Infrastructure System. Primary
components include: 400+ advanced meters for electricity, 1,800+ steam, domestic & heating/cooling
water meters, Data Acquisition System (DAS), Meter Data Management System and Software. Primary
purpose of this system is for utility billing of organizations throughout campus. Accuracy and reliability
are critical for this service.
Rice University
Over the last 5 years Rice University has installed an Advanced Metering Infrastructure System. Primary
components include: 45+ advanced meters for electricity, Data Acquisition System (DAS), Meter Data
Management System and Software. Primary purposes for this system are internal utility billing, load
management, and Power Quality Monitoring.
Goose Creek ISD
Over the last 8 years Goose Creek ISD has installed Advanced Metering Infrastructure Systems at their
campus facilities. Primary components include: 26+ advanced meters for electricity, Data Acquisition
System (DAS), Meter Data Management System and Software. Primary purpose for utility verification,
load management, energy reduction verification and power quality monitoring.
NAVFAC, Navy Region SE
The United States Navy is in the process of installing $37.1M, worth of Advanced Metering Infrastructure
at its facilities spanning 16 regional Navy Bases from Texas to Florida and Guantanamo Bay Cuba.
Primary components of this installation include: advanced meters for electricity, gas, water and steam, the
Data Acquisition System (DAS), Meter Data Management System and Software and the network systems
required to provide the necessary data and logistical communications. Information Assurance (IA) and
DIACAP accreditation are both important requirements of this project.
Web-Based Operator Interfaces
An integral addition to advanced metering applications is the ability to view metered information.
Schneider Electric has developed web-based operator interfaces for many clients. These interfaces run
the gamut from full on operator interfaces to track energy and sub-bill internal organizations to less
involved kiosk touch screens to provide the public a window into a building’s operations. Schneider
Electric is currently involved in developing a web-based operator interface to provide public interaction for
the University of North Texas (UNT) in Denton Texas. The vision for this system is to allow students,
faculty, parents, board members and the general public the ability to see the energy conservation efforts
and results at UNT.
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Commitment to Sustainability
Schneider Electric clients benefit from environmentally conscientious projects, designed to reduce utility
costs, reduce green house gas emissions, and promote long-term sustainability.
Schneider Electric’s staff of LEED Accredited Professionals has the background and experience to
develop recycling plans for different facility types. The team’s experience with previous LEED projects
has given us insight into the process, and Schneider Electric has adopted the use of forms that assist in
developing the LEED plan and executing the plan. GreenSpec and the ASHRAE Green Guide are major
references. Architectural firms with experience in sustainable design are engaged for large projects.
Each project is modeled using a building modeling tool such as DOE-2 or Energy Plus depending on the
complexity of the project. The base model is tuned to match the actual operating information. Alternatives
are then evaluated. Indoor air quality is an important issue in the renovation or replacement of any air
distribution system. Minimum IAQ requirements, controllability, and thermal comfort are addressed where
possible.
Renewable solutions, such as passive solar, solar thermal, solar electric, wind, biomass, geothermal and
other distributed generation technologies (fuel cells, co-generation, combined heat and power) are
evaluated on many projects and implemented where possible. In some cases, the performance contracts
will not support the payback period for renewable energy. Schneider Electric continues to develop
creative and cost effective designs for the use of renewable energy. Following is a partial list of projects
where some of these technologies have been implemented.
Co-generation
The Hiram G. Andrews Center in Pennsylvania provides a comprehensive program of services
featuring the integration of education, counseling, evaluation, medical maintenance, and therapy
in a barrier-free environment as a state owned facility. Schneider Electric installed a plant that
generates electricity using a single-stage steam turbine coupled to a 500kW synchronous
generator. The cogeneration plant is operated in parallel with the Penelec system and
interconnected with the campus' existing distribution circuit allowing the whole facility to draw
power from the generator.
Solar Hot Water
Schneider Electric was selected over more than ten Energy Services Companies to implement a
Performance Contract at the City of Dallas. As part of this project Schneider Electric developed
a solar domestic water heating project for the Oak Cliff Municipal Center (OCMC). Due to
additional funds from the Texas State Energy Conservation Office (SECO) for the demonstration
project, the scope was expanded to include solar domestic water heating systems at City Hall and
the central library. The collectors installed are flat-plat collectors installed on the roofs of all three
buildings mentioned above. This combined with other efficiency upgrades is allowing the City of
Dallas save more than $1,200,000 annually in utility costs.
For the Texas Health and Human Services Commission Schneider Electric installed solar pool
heating systems at the following state schools: Abilene, Lubbock, Mexia, Richmond and Corpus
Christi. The therapeutic pools must remain at 88 degrees year round. By using the solar heating
systems, each school realized between 40 and 50 percent reduction in the pool heating costs.
Schneider Electric designed and constructed utility conservation-related improvements at five
HHSC sites located in Austin, San Antonio and Kerrville. The improvements were installed in 6
phases.
"It is good for the state of Texas, and it's good for us. It allows us to be more energy-efficient.” Sharon Hunter, Facilities Support Director, Texas Health and Human Services Commission
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Solar Photovoltaic
The City of Abilene had already completed a $9 million performance contract with Schneider
Electric and chose to move forward with a second phase that included a 10 kW photovoltaic
system funded through stimulus funds.
To date the City has saved $320,659 above the
guarantee for the first phase of work with an additional phase saving money as well.
At the Olympia School District in Washington Schneider Electric’s consulting engineering
division provided mechanical engineering for the 98,000 SF, $11.8 million project and electrical
engineering support for development of a photovoltaic array. Schneider Electric provided
significant contributions towards the sustainable design concepts for the project. These efforts
assisted in the project’s selection as on of the five pilot projects in Washington State to test and
document various sustainable design strategies as part of the Sustainable Schools Program. In
addition, Schneider Electric was a key participant in obtaining $500,000 in grant funding for the
project, including grant money for a 10kW photovoltaic array.
Wind Turbines
The Pennsylvania State Police is committed to moving forward with green technology through
their recent performance contract with Schneider Electric. This contract includes a 2 kW Wind
Turbine at the Dunmore facility. According to the director of the facilities management division
“the Dunmore facility is one of the highest points in the region, so the wind turbine in front of the
building will be visible across a large area and an obvious sign that the state is interested in
pursuing alternative energy.” The wind turbine to take advantage of the area’s average wind
speed of 13.4 mph and will be connected to the main power system in order to offset power
purchased from the electric utility. Overall the performance contract including other ECMs is
guaranteed to save the State over $40,000 annually.
Solar Photovoltaic Overview
Solar photovoltaic generation is an alternative answer to the increasing demand for energy. Moreover, it
is a clean renewable energy without emission impact on the environment. Schneider Electric provides the
complete solution from selecting the panel to connecting to the grid including engineering and monitoring
services.
Our expertise is present throughout the project, from design to startup. Schneider Electric is committed to
being your trusted and privileged partner to bring you turnkey solutions and help you make the most of
your energy.
Schneider Electric offers a Comprehensive Turnkey Solution including:
•
•
•
•
•
•
•
•
•
•
•
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Complete photovoltaic studies
One source engineering, permitting & installation
Grid tie-in, codes & standards compliance
Facility electrical distribution design
Project management, installation & commissioning
Integration with other energy efficiency projects
Monitoring and reporting
Public display kiosks
Service agreements
Maintenance services
Extended warranties
Going solar helps protect your budget from volatile energy prices. Schneider Electric will maximize
federal, state, and local programs to help make solar affordable.
•
•
•
•
•
•
•
•
•
•
Rebates
Tax credits
Production incentives
Net metering
Renewable energy credits/carbon credits
Grants
Loans
Lease/purchase
Power purchase agreement (PPA)
ROI analysis
Our state of the art solar projects and technology includes the PowerLogic® SCADA green monitoring
system dashboard for visual depiction of environmental impact.
Data is displayed in common equivalent units to clearly communicate the positive benefits of renewable
energy. Public display kiosks are available so that you can stand out as a community leader in
renewables while showing exactly the impact your choices are making on the environment.
PV System Monitoring
•
•
•
•
•
•
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Real time reporting of PV generation, grid consumption and total energy usage
Daily, weekly, monthly and yearly reporting
Revenue grade metering
On-site weather station data integration
Inverter and string level monitoring capability for system alarming and troubleshooting
Emissions reduction: CO2, NO2 and SO2
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Emissions/Reductions
Schneider Electric is committed to energy efficiency and sustainable building design and operation. Our
clients benefit from environmentally conscientious projects, which are designed to reduce utility costs and
promote long-term sustainability. The movement toward sustainability has allowed us to develop
innovative and environmentally conscious, integrated solutions for clients and facilities that help preserve
natural resources. Thus with each Schneider Electric project implemented, our clients make a positive
impact on the environment. Following is energy conservation conversion information:
Reduction of 1 kWh =1.5 lbs of CO2 removed
Reduction of 1 kWh =5.8 g SO2 removed
Reduction of 1 kWh =2.5 g NOx removed
Reduction of 10,000 lbs CO2 = removing 1 car from the road for a year
Reduction of 10,000 lbs CO2 = planting 1.36 acres of trees for a year
Energy Monitoring Capabilities
Schneider Electric provides a variety of management services to Municipal, State & Local Government,
Institution and Education clients. Schneider Electric’s sustainability analysts support our clients’ ongoing
work with sustainability program needs; including public reporting requirements. Typical in most
implementations, Schneider Electric provides our clients with the use of dashboarDView™ which is
customized to meet specific reporting programs like those associated with the Chicago Climate Action
Plan. Organizations that use dashboarDView™ with Schneider Electric’s managed service receive the
following benefits:
•
“Smart Data” management that increases data
accuracy and transparency
•
Expertise in emission calculations and data
extrapolation
•
Guidance and insight on responding to external
reporting requests
•
24/7 access to complete sustainability data accessible by multiple users
•
Centralized online repository for energy and sustainability data
•
Customized Reporting that provides the flexibility to create reports for specific internal and
external audiences by site or customized group
•
External Reporting Support that provides guidance and insight from Schneider Electric’s team of
subject matter experts
•
Benchmarking, trending and forecasting set to manage to energy reduction targets
•
Client Manager as a dedicated resource to provide sustainability and energy management
support and leadership
Schneider Electric is an accredited
CDP Consultancy Partner
Schneider Electric’s dedicated team of energy management experts is comprised of environmental,
sustainability and energy professionals experienced in helping companies implement and manage global
sustainability programs based on best practices.
Activity Data Collection and Management
Sustainability reporting is dependent on data that is consistent, complete and accurate. Schneider
Electric’s dashboarDView™ (DV) platform provides a variety of options for integrating enterprise activity
data into the business intelligence platform. Schneider Electric manages over 60 different sources of
information ranging from Scope 1, 2 and 3 emissions to broader environmental impacts to establish a
management and accounting system for sustainability information. We leverage, where possible, fully
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automated collection methods for data. However, as a managed solution, Schneider Electric’s process
provides for systematic data collection by dedicated Data Operations analysts to ensure comprehensive
data collection. In the fourth quarter of 2011 Schneider Electric will launch additional user interface
functionality. This will allow users to enter and modify metric data, add historical data and model
forecasted future data. All data inputs will receive real-time data validation and variance testing. Audit
trail reports and details will be available with the history of user activity. Additionally, all data undergoes a
stringent QA/QC process. This process provides assurance that all data is complete and accurate before
going live on DV.
Data Quality
Schneider Electric's managed solution, utilizing the dashboarDView™ platform, verifies the receipt of
data. All invoice level data is validated through a stringent set of variance tests and identified errors are
routed for resolution to the analyst team. We monitor "data participation" very closely to ensure that all
data is analyzed and aggregated to ensure a complete view of the data and comprehensive coverage of
the client inventory.
At data entry, or upon integration with ERP systems, the data passes through a series of logical and
statistical tests, to ensure proper data entry. Current data is tested against prior period data for the same
data point or account, ensuring the current month data is consistent with previously captured data.
Exceptions are managed by a dedicated Quality Assurance team. Schneider Electric’s proposed solution
incorporates Software as a Service (SaaS) for managing information in DV and provides a layer of “data
scrubbing” to ensure that activity data is accurate.
Web Based Sustainability Reporting
Schneider Electric will provide comprehensive reporting services for the identified sustainability metrics.
Our experts ensure that effective, appropriate calculation methodologies and engineering guidance are
applied to your inventory calculation methodologies. Additionally, data is processed through variance
tests in Schneider Electric’s system to ensure consistency and improve data quality. Benchmark, baseline
and ongoing reports include:
•
Sort, filter, and grouping functionality by source, scope and pollutant
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Site, division and corporate summary reports
•
Graphical emissions and profile reports
•
Ability to index to production metrics – emissions per facility square footage, by building, etc.
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Site ranking reports to identify intensity of site by site impacts
•
Schneider Electric’s DV allows for user defined building information. The user defined building
information criteria is developed on a client-by-client basis. This will allow the solution to be used
by the PBC, its user agencies, and extended to buildings outside the program.
Reporting is available on DV 24/7 for routine, consistent reporting both internally and externally as
appropriate. Our software as a service (SaaS) solution provides the following benefits for your customers:
•
TCPN customers can leverage DV for a one stop solution for energy and sustainability
reporting
•
Schneider Electric’s hosted solution avoids the costs and hassles of hosting an additional
sustainability software solution on client’s PCs and server network
•
Structured reports provide activity data (i.e., usage) with capability to manage cost
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•
Variance reports to
identify progress
against baseline
months and years by
site, division or group;
users can choose to
compare period vs.
period for like vs. like
data streams
•
DV’s “Projects”
reporting provides a
warehouse for citing
sustainability program
reduction activities –
supporting
documentation for site
based sustainability
initiatives
•
DV’s “Documents”
warehouse provides
seamless access to
documentation to
support internal and
external reporting
•
“Smart Groups” allow
users to customize
and create their own
groups for userspecific reporting by
region, organization,
building use, building
type, etc.
•
DV’s Custom reports
feature allows users to
slice and dice data
contained in the
system to meet
specific user needs
In this proposal, we have provided one solution that we have implemented with success in thousands of
buildings across the globe. Schneider Electric is willing and able to work with TCPN customers to help
coordinate whatever solution best meets the goals of your energy efficiency program..
Below are details highlighting the success of the dashboarDView™ platform as an option to manage an
energy conservation program. We have not included specific references in this section due to its nonconfidential nature. We are happy to provide TCPN specific references upon request.
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dashboarDView™(DV) Awards & Recognition
In a recent report from Groom Energy, Schneider Electric was named an Emerging Leader in the
Enterprise Energy and Carbon Accounting (EECA) software market. The research report analyzes the
energy and carbon management software market and identifies “emerging leaders” in the industry by
evaluating five criteria: customer deployments, technology features, energy management capabilities,
market vision and financial stability.
“Schneider Electric’s (Summit Energy’s) impressive customer portfolio, emphasis on data accuracy, and
capabilities in both carbon and energy has elevated it to the top of the EECA market,” said Paul Baier,
vice president of sustainability consulting for Groom Energy. “Companies looking for a way to ensure the
quality of the environmental and energy data they manage should seriously consider Schneider Electric
(Summit Energy).” Schneider Electric’s emphasis on accuracy addresses a key issue identified in the
Groom Energy report: “collection of energy usage data is often the most labor-intensive part of any
carbon emission project.”
Schneider Electric’s dashboarDView™ reporting tool was named a 2010 WebAward Standard of
Excellence winner in the energy industry category. dashboarDView™ was among more than 2,000 sites
from 45 countries in 96 industry categories that entered the 2010 WebAward competition that is currently
in its 14th year. Entries were judged on design, copywriting, ease of use, innovation, content and
interactivity.
Companies that use Schneider Electric Energy’s dashboarDView™ echo the recent recognition by
WebAwards, finding it to be an easy-to-use, valuable business tool.
“Schneider Electric’s (Summit Energy’s) dashboarDView™ contains all our data - energy,
water, carbon, recycling - in a very useable format. It’s where we go to find carbon footprint
data to help in improving our sustainability efforts and information about where we can cut
our energy usage.”
--VP, GoldToeMoretz
“Prior to dashboarDView™, I would monitor our monthly costs by manually collecting invoices
we receive and entering that data into a spreadsheet. With Schneider Electric’s
dashboarDView™, all the data I need is already at my fingertips.”
--Manager, Global Technology Company
The following pages contain some screen shots to further detail the flexible and robust nature of the
dashboarDView™ solution.
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Energy Management Services (EMS)
The Energy Management Services Division of Schneider Electric is dedicated to optimizing energy and
ensuring reliability through the lifecycle of the data center. The EMS team will identify and quantify
opportunities to maximize the performance of all mission critical areas within each facility. This often
results in a turnkey solution that is fulfilled by our team consultants, engineers, construction managers,
and partners. This comprehensive approach evaluates IT, mechanical and electrical infrastructure, so
that each site achieves a complete evaluation. As our clients move to medical records, voiceover IP,
virtualization and other strategies to enhance their operation, we want to make sure the necessary
infrastructure is effective and flexible for the changing landscape.
As part of a larger performance contract, the EMS team is going to compliment the “grey space”
improvements with a “white space” or “IT space” upgrades. This will start with a data center efficiency
audit to fully evaluate the existing power and cooling infrastructure to identify areas of waste and
compromised availability. A comprehensive report will then be generated which will include the following
sections:
•
The assessment and analysis of the existing electrical usage in the data center
•
The breakdown of losses into power, cooling, and lighting
•
The breakdown of the cooling system losses into Computer Room Air Conditioners / Computer
Room Air Handlers (CRAC/CRAH), humidification and outdoor heat rejection
•
The effectiveness of the current air distribution design
•
The breakdown of the power system losses into Uninterruptible Power Supply (UPS) and power
distribution units
•
The effectiveness of the current back up generation capabilities and demand response potential
•
The effectiveness of the static switches and automatic transfer switches
•
An evaluation of any network closets or phone rooms
•
Detailed recommendations to improve the efficiency and availability
•
Evaluation of potential utility rebates and incentives
•
Projected efficiency gains for each recommended improvement
This solutions approach has proven vital for lowering costs and carbon usage through:
1) Reducing energy consumption and utility expenses;
2) Improving reliability and performance; and
3) Increasing capacity, equipment life, and accountability.
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The following diagram shows how the EMS team helps our clients manage energy through a
comprehensive EnergySTEP process:
Monitor, Maintain,
& Improve
Measure &
Analyze
Realize savings –
Recover investment
Passive Energy Efficiency
Fix the basics
Active Energy Efficiency
Optimize design,
operation, & equipment
Sample Energy Management Services Projects:
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Conserve My Planet
Schneider Electric’s Conserve My Planet Behavioral Program is composed of a three-prong team
approach involving a dedicated Schneider Electric Energy Manager, Teacher Sponsors and Students to
change perception and achieve the realities of energy efficient and green buildings. Each of the three
groups plays a vital role in the overall program success.
Students
Students are the most important aspect of the program. This program is not only designed
to save energy but will also shape student views on how to make the best use of the
energy and resources throughout their lives. In order to have lasting impact, we put
students in charge of the program. They police the schools looking for energy waste. They run the
recycling programs. They even teach the teachers how to be energy efficient. By empowering students,
the program can achieve the energy reduction intended but has far reaching impacts by developing
leadership skills and a true understanding of energy that will not be forgotten over the next holiday.
Program Sponsor
Each facility will have at least one sponsor that will be responsible for supporting the
students and championing the Conserve My PlanetTM Program. This special individual will
work closely with the Energy Manager to help organize daily activities and regular competitions to keep
energy on the forefront of minds throughout the year.
Energy & Sustainability Manager
Your facility will have a dedicated Schneider Electric Energy & Sustainability Manager
(ESM), trained in the latest energy conservation methods and technologies that will work
closely with administrators, faculty, staff and students to implement a holistic energy plan in
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all of your facilities. The Sustainability Master Plan will address everything from how your buildings are
operated to selecting cleaning products creating a completely customized approach for the needs of your
organization. The ESM is also a key proponent for energy education and involving faculty, staff and
students in activities that will lead to efficient, green schools and facilities.
The Sustainability Master Plan will include the following:
Building Optimization Plan
This plan will address the operation of the equipment in your building that uses energy from lighting to
HVAC equipment. This plan will also outline the schedule and frequency of many of the other activities in
the Energy Master Plan.
Occupancy Planning
Occupancy Planning will ensure that buildings are utilized most efficiently from an occupancy perspective.
It will provide a plan for scheduling classes, activities, cleaning and maintenance to minimize the need to
use electricity.
Set Point and Environmental Standards
The Set Point and Environmental Standards will be established to promote comfort and healthy buildings
while minimizing the energy used to maintain those standards. These standards will ensure that the
people that are in your facilities each day are provided with conditions that are proven to keep them most
productive.
Vending Machine Audit
Most vending machines are essentially large
refrigerators where the lights never turn off. A
regular vending machine audit will provide a plan
for minimizing their energy use while maintaining
the contents.
Green Cleaning Program
As more is understood about the effects of
chemicals on the environment and air quality
around us, it is becoming obvious that using green
cleaning products will keep us safe while providing
the same level of cleaning efficacy as less-green
products. This program will audit current cleaning
products used and provide suggestions for green
products that fit within the budget.
Green Office Program
Buying green office products is a very tangible way to show your commitment to the environment. Green
office products range from recycled paper to the ink cartridges you select. This program will be
customized to select products that align with your organization’s priorities for environmental issues and
budget constraints.
Recycling Program
Recycling programs are an easy, effective way to show your support for environmental protection.
Recycling programs can range from simple programs that provide recycling bins near trash receptacles
to extensive programs that offer composting and community collection days.
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Electronic Equipment Energy Strategy
Equipment like computers, mini-refrigerators and microwaves, to name a few, use significant amounts of
power due in part to the large number of individual pieces of each found in the typical building. Often
times, simple strategies can be employed to ensure the equipment is running as efficiently as possible or
a reduction in the total number can be achieved resulting in tremendous energy savings. A strategy will
be developed and employed to address these components.
Annual Energy Use Assessment and Commissioning
An annual energy use assessment will take place for all equipment in your facilities. This assessment will
uncover any opportunities for improving building operation and energy savings. A commissioning plan will
be created and executed to make the changes necessary to realize the energy savings opportunities
uncovered.
Communication Strategy
Regular communication is key to creating awareness and understanding about any issue. More
importantly, effective communication is essential in changing behaviors. Your communication strategy will
have scripts, schedules and checklists to ensure that your energy program is properly promoted which will
tie all of the other activities together and make the effort pay-off. The strategy will include plans for
internal communications including regular progress updates, newsletters, competition standings and
results, awards and recognition as well as external communications including press releases and
community updates.
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Beaumont Hospital
Customer Profile
Beaumont Hospital is one of the largest healthcare facilities in the US with outpatient locations throughout
metro Detroit. It is the largest inpatient hospital in the country for inpatient volume and second for
surgeries performed, and its medical staff includes more than 2,400 physicians representing more than
91 medical and surgical specialties.
As a regular industry award winner, Beaumont has been repeatedly named on best hospital lists, such as
the annual U.S. News & World Report "Best Hospitals" list.
Its Emergency Power Supply System (EPSS) contains 107 automatic transfer switches (ATS) and 11
diesel-powered generators distributed over the facility's 3,000,000 square feet (280,000 square meters).
This EPS system supplies the critical back-up power needed during a power issue or outage.
The hospital uses a specialist consulting company, Optim, to manage the EPSS. Optim's integrated in-
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house staff at Beaumont Hospital includes an architect, an energy engineer, a mechanical engineer,
electrical engineers and skilled tradesmen in related fields.
Customer objectives
During the widespread North American blackout in August 2003, Beaumont's EPSS system functioned
well, but staff realized it was difficult to manage and track functions across the entire system. They
wanted more access to system status information through the installation of a reliable and easy-to-use
power monitoring system.
They also wanted a monitoring system that could automate mandatory monthly EPSS testing reporting,
making it easier and more efficient for staff to provide appropriate information to regulatory authorities,
like the Joint Commissions on Health Care (JCAHO) and the National Fire Protection Association (NFPA).
Customer benefits
•
Easy EPSS test reporting to meet code requirements
•
Improvement in overall power reliability and response time
•
Easy access to system status - faster identification and assessment of power issues
•
Trending information for evaluation of loading and preventive maintenance
Customer testimonies (Verbatim)
"The power monitoring system we specified from [Schneider Electric] gives the detailed information
necessary to monitor the operation of the EPSS and quickly locate and respond to power loss. It also
helps us examine EPSS loading, determine reserve capacity, and use that capacity appropriately; saving
cost and providing a more reliable EPSS."
--Steve Fox, Electrical Engineer, Optim
Implementation Methodology
The implementation included an upgrade of electrical metering equipment and improvement of
communications links.
Everything had to be seamlessly integrated with the existing system and communicate with the existing
Modbus ASCO 7000 monitoring equipment. Implementation was designed to allow for quick installation
by eliminating the need for numerous ATS shutdowns.
The PowerLogic system was then installed to control and monitor all aspects of the emergency power
system supply for all 11 gensets and the 107 ATSs, including genset vitals, fuel levels, battery units
(UPS), ATS loading/trending and much more.
Schneider Electric differentiating values VS competitors
•
•
•
Page 131
Great relationship with customer -- Schneider Electric was very open to working with the
customer to meet their needs exactly.
A customized and cost-effective solution that is flexible enough to grow over time as needed.
Great support option, including both up-front training and ongoing maintenance.
Appendix H:
ADDITIONAL REQUIRED DOCUMENTS
DOC #1
DOC #2
Debarment Notice
DOC #3
DOC #4
Contractors Requirements
DOC #5
FOR NEW JERSEY VENDORS ONLY:
DOC #6
Pay to Play Notice and Political Contribution Form
DOC #7
List of All Agencies Required for Political Contribution Disclosure Form
DOC #8
Stockholder Disclosure Certification
DOC #9
Ownership Disclosure Form
DOC #10
Non-Collusion Affidavit
New Jersey vendors are also required to comply with the following New Jersey statutes
when applicable:
All anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A.
10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38.
Compliance with Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the
contemplation of the Act.
Compliance with Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26
Bid and Performance Security, as required by the applicable municipal or state statutes.
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TAC Americas, Inc
Secaucus, NJ
for
Minorities and Women
January 1, 2012 through December 31, 2012
Plan Year
CONFIDENTIAL, TRADE SECRET, and PRIVATE MATERIAL
For the purposes of this report, the term TAC includes any of its divisions or subsidiaries. This Affirmative
Action Plan contains confidential, trade secret, commercial, and private information of TAC which is protected
from disclosure by the Office of Federal Contract Compliance Programs pursuant to the Trade Secrets Act, 18
U.S.C. § 1905. The release of this information could cause substantial harm to TAC or its employees within the
meaning of the Freedom of Information Act ("FOIA"), 5 U.S.C. §§ 552 (b)(3), (4), and (7) and the Trade
Secrets Act. FOIA protects information in this document from mandatory disclosure to FOIA requestors. See,
e.g., Chrysler v. Brown, 441 U.S. 281 (1979). Furthermore, release of any trade secret, confidential statistical
or commercial information would be arbitrary and capricious in violation of the Administrative Procedure Act.
See, e.g., CNA Financial Corp. v. Donovan, 830 F.2d 1132, 1144 (D.C. Cir.), cert. denied, 485 U.S. 977 (1988).
TAC Americas, Inc
Secaucus, NJ
AFFIRMATIVE ACTION PLAN
FOR
MINORITIES AND WOMEN
Plan Year
TABLE OF CONTENTS
INTRODUCTION
1
REAFFIRMING COMMITMENT TO EQUAL EMPLOYMENT OPPORTUNITY
1
INTERNAL DISSEMINATION OF EEO POLICY
2
EXTERNAL DISSEMINATION OF EEO POLICY
2
ESTABLISHMENT OF RESPONSIBILITY FOR IMPLEMENTATION OF THE PLAN
4
IDENTIFICATION OF AREAS FOR DISCUSSION
6
NARRATIVE DISCUSSION OF GOALS
7
DEVELOPMENT & EXECUTION OF ACTION-ORIENTED PROGRAMS
8
INTERNAL AUDIT AND REPORTING SYSTEM
10
GUIDELINES FOR PREVENTION OF SEX DISCRIMINATION
11
Introduction
TAC Americas, Inc (TAC) has prepared this Affirmative Action Plan (AAP) for the period of January 1, 2012
through December 31, 2012, reaffirming its commitment to the spirit and letter of affirmative action law,
including those administered by the U. S. Department of Labor’s Office of Contract Compliance Programs
(OFCCP). Through the implementation of this plan TAC continues its efforts to comply with appropriate
government regulations and to make the best possible use of personnel while contributing to the betterment of
society and the community.
In developing this plan TAC recognizes its duty to ensure equal employment opportunity. The following
statement of policy reinforces that belief.
Reaffirming Commitment to Equal Employment Opportunity
In setting forth this plan TAC reaffirms its belief in equal employment opportunity for all employees and
applicants for employment in all terms and conditions of employment.
James Sandelin, SVP Buildings Business Americas of TAC, designated Lili Gonzalez as the Equal Employment
Opportunity Administrator (EEO Administrator). Lili Gonzalez oversees the plan development, modification,
implementation, and reporting requirements and conducts management updates. The EEO Administrator also
analyzes TAC's selection process in order to further the principles of equal employment opportunity.
As part of TAC's commitment to this overall process, it will seek to ensure affirmative action to provide
equality of opportunity in all aspects of employment, and that all personnel activities, such as the recruitment,
selection, training, compensation, benefits, discipline, promotion, transfer, layoff and termination processes
remain free of illegal discrimination and harassment based upon race, color, religion, sex and national origin.
Regular review by TAC, as described in this AAP, helps to ensure compliance with this policy.
1
Internal Dissemination of EEO Policy
41 C.F.R. § 60-1.42
TAC posts copies of the equal employment opportunity notices that comply with 41 C.F.R. § 60-1.42(a) in
conspicuous places (including, where applicable, electronic websites) available to employees, applicants for
employment, and (if applicable) representatives of each labor union or other organization representing its
employees with which TAC has a collective-bargaining agreement or other contract or understanding. The
following exemplify the methods and locations TAC may use in its ongoing efforts to ensure continuing
dissemination of its policy and plan, although TAC may not always use each or any of the below methods, and
it may use other methods not listed below:
1.
Internal employee manuals contain the policy statement.
2.
The policy statement is posted on bulletin boards accessible to employees and applicants.
3.
TAC references the policy and progress in its annual report, newspaper, magazine and other
publications.
4.
Orientation meetings for new employees and in-house employment-related training include
references to TAC's policy.
5.
TAC publications, if any, including those with photographs, generally feature individuals of
diverse gender, race, color, and national origin, where feasible.
6.
Pertinent portions of TAC’s Affirmative Action Plan are available during regular business hours
for inspection by employees and applicants for employment.
External Dissemination of EEO Policy
41 C.F.R. § 60-1.41; 41 C.F.R. § 60-1.5
1.
In solicitations or advertisements for employees placed by or on its behalf, TAC complies with at
least one of the following methods regarding the dissemination of its equal employment
opportunity clause:
a.
TAC states expressly in the solicitations or advertising that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex, or
national origin. 41 C.F.R.§ 1.41(a).
b.
TAC uses display or other advertising that includes an appropriate insignia prescribed by
the Deputy Assistant Secretary, subject to the provisions of 18 U.S.C. § 701. 41 C.F.R.§
1.41(b).
2
2.
3.
c.
TAC uses a single advertisement, and the advertisement is grouped with other
advertisements under a caption which clearly states that all employers in the group assure
all qualified applicants equal consideration for employment without regard to race, color,
religion, sex, or national origin. 41 C.F.R.§ 1.41(c).
d.
TAC uses a single advertisement in which appears in clearly-distinguishable type the
phrase “an equal employment opportunity employer.” 41 C.F.R.§ 1.41(d). When pictures
are included in these media, where feasible, efforts will be made to include pictures of
individuals of diverse gender, race, and national origin.
The following exemplify the methods and locations TAC may use in its ongoing efforts to ensure
continuing dissemination of its policy and plan, although TAC may not always use all of the
below methods, and it may use other methods not listed below:
a.
TAC notifies subcontractors, suppliers and vendors of the policy about both its
obligations to equal employment opportunity and about TAC’s plan.
b.
TAC advises recruitment sources, minority and female organizations, community
agencies, leaders, secondary schools and colleges annually in writing of its commitment
to this policy and plan. TAC informs these sources that job applicants will be treated
fairly without regard to their race, color, religion, sex, and national origin.
c.
TAC communicates with the state employment security office in writing regarding the
policy.
d.
TAC advises prospective employees of the existence of the AAP and makes pertinent
portions of it available upon request, during regular business hours.
In addition, TAC incorporates by reference the equal employment opportunity and affirmative
action clauses into each of its covered Government contracts and subcontracts, including
Government bills of lading, transportation requests, contracts for deposit of Government funds,
and contracts for issuing and paying U.S. savings bonds and notes and such other contracts and
subcontracts as required by law, purchase orders, lease agreements, Government contracts, and
other covered contracts (and modifications thereof if not included in the original contract) in
accordance with 41. C.F.R. § 60-1.4 (a) – (c) (unless exempted under 41 C.F.R. § 60-1.5).
3
Establishment of Responsibility for Implementation of the Plan
41 C.F.R. § 60-2.17(a)
A.
Identification and Responsibilities of EEO/AA Administrator
Overall responsibility for TAC's plan rests with the EEO Administrator, Lili Gonzalez. Lili Gonzalez
ensures that the plan complies with all applicable laws, orders and regulations, including but not limited
to, Executive Orders 11246, 13496, and their progeny. Specifically, Lili Gonzalez or the designated
representative's duties include:
1.
Developing, maintaining and, where appropriate, modifying TAC's plan to ensure compliance
with the EEO/AA law.
2.
Developing, and where appropriate, modifying procedures for effectively communicating the
plan and its elements both internally and externally.
3.
Advising management on EEO/AA progress, reporting potential EEO/AA problem areas, and
assisting management in finding equitable solutions, where feasible, to any identifiable EEO/AA
problem areas.
4.
Evaluating the effectiveness of TAC's plan on a regular basis, and reporting to management.
5.
Designing, implementing, and overseeing audit and reporting systems that periodically measures
the effectiveness of the total affirmative action program. 41 C.F.R. § 2.17 (d)(1)-(4), identifying
need for remedial action, and determining the degree to which objectives have been achieved.
6.
Acting as Company representative and liaison with any government agencies regarding this plan.
7.
Monitoring Company policies and procedures with regard to terms and conditions of
employment to attempt to ensure compliance with affirmative action obligations.
8.
Auditing the content of TAC’s bulletin board, and electronic policies, as appropriate, to ensure
compliance information is posted and up to date.
9.
Keeping management up to date on the latest developments in the areas of EEO and affirmative
action.
10.
Serving as a liaison between TAC and organizations, such as minority organizations and
women's organizations.
11.
When necessary, developing sales and management training programs to increase protectedgroup participation.
12.
Assisting in the investigation, handling and disposition of employee harassment and
discrimination complaints.
4
B.
13.
Discussing EEO/AA policies with all personnel, including management, to ensure that TAC's
policies and the need for their support are understood at all levels.
14.
Reviewing TAC's AAP for qualified women and minorities with all managers and supervisors to
ensure the policy is understood and followed in all personnel actions.
15.
Conducting periodic reviews of offices to ensure compliance in the areas of proper display of
posters and notices, comparable facilities for both sexes, and opportunity for participation in
Company-sponsored recreational, educational and social activities.
16.
Auditing training programs, hiring, and promotion patterns.
Management Responsibilities
Line and upper management share responsibility for the plan, including but not limited to the following:
1.
Assisting in auditing plan progress, including identifying problem areas, formulating solutions,
establishing appropriate goals, and developing necessary training programs.
2.
Reviewing the qualifications of applicants and employees to ensure qualified individuals are
treated in a nondiscriminatory manner in hiring, promotion, transfers, and termination actions.
3.
Making available career counseling, when appropriate.
4.
Reviewing the job performance of each employee to assess whether personnel actions are
justified based on the employee and his or her duties.
5.
Reviewing position descriptions of the jobs in the manager’s area or department to see that they
adequately reflect the job to be performed.
6.
Assisting subordinates and upper management in the prevention of harassment.
5
Identification of Areas for Discussion
41 C.F.R. § 60-2.17(b)
TAC's commitment to fully implement this policy and plan include periodic reviews of mission critical
workforce factors in a number of ways, including performing an in-depth analysis of its total employment
process to determine whether and where impediments to equal employment opportunity exist. These analyses
include:
1.
The workforce by organizational unit and job group of minority or female utilization and
distribution;
2.
Personnel activity to determine whether there are selection disparities;
3.
Compensation systems to determine if there are gender-, race-, or ethnicity-based disparities;
4.
Selection, recruitment, referral, and other personnel procedures to determine whether they result
in employment or placement disparities of minorities or women; and,
5.
Any other areas that might impact the success of the affirmative action program. 41 C.F.R. §
2.17 (b)(1)-(5), including, for example, TAC’s review of:
a.
The workforce composition by race and sex to compare it to the availability of these
groups;
b.
TAC's applicant flow compared to the availability for the protected groups;
c.
A comparison of hires to applicants pertaining to minorities and women;
d.
Compensation system(s) to determine whether there are gender-, race-, or ethnicity-based
disparities;
e.
Selection forms, such as applications for employment, to ensure they comply with federal
and state employment laws;
f.
Processes to ensure there are no artificially-created barriers or restrictive seniority
provisions; and,
g.
Training opportunities to ensure they are available to minorities and women without
restrictions based on race, color, sex, religion or national origin.
Identification of problem areas are discussed in next section titled Narrative Discussion of Goals.
6
Narrative Discussion of Goals
The Secaucus, NJ plan has 105 employees, including 42 minorities and 14 females. The following goals exist
for minorities and/or women:
• Executives/Senior Level Officials and Managers - This group consists of 3 employees, of whom none are
minorities and 1 is a female. There is no underutilization present at this time for minorities or females.
• First/Mid-Level Officials and Managers - This group consists of 7 employees, of whom 1 is a minority and 2
are females. There is no underutilization present at this time for minorities or females.
• Professionals - This group consists of 39 employees, of whom 16 are minorities and 1 is a female. There is no
underutilization present at this time for minorities, but there is a goal of 20.6% for females.
• Technicians - This group consists of 31 employees, of whom 17 are minorities and 1 is a female. There is no
underutilization present at this time for minorities, but there is a goal of 14.6% for females.
• Sales Workers - This group consists of 17 employees, of whom 3 are minorities and 3 are females. There is a
goal of 32.5% for minorities and a goal of 34.3% for females.
• Administrative Support Workers - This group consists of 8 employees, of whom 5 are minorities and 6 are
females. There is no underutilization present at this time for minorities or females.
TAC will use alternate recruitment sources when necessary to attract more qualified external applicants. In
those instances where statistical adverse impact is indicated, TAC will take action as outlined in the ActionOriented Programs Section to monitor and eliminate any problem areas, as well as other similar actions.
7
Development & Execution of Action-Oriented Programs
41 C.F.R. § 60-2.17(c)
TAC has instituted action-oriented programs designed to eliminate any problem areas, should they exist, in
accordance with § 60-2.17(b), and to help achieve specific affirmative action goals. TAC also makes a goodfaith effort to remove identified barriers, expand employment opportunities, and produce measurable results.
These programs may include items such as:
1.
Conducting periodic reviews of job descriptions attempting to ensure they accurately reflect jobrelated duties and responsibilities.
2.
Annually reviewing job qualifications by department and job title for job-relatedness, and using
job performance criteria.
3.
Making job descriptions and qualifications available to recruiting sources and to all members of
management involved in the recruiting, screening, selection, and promotion processes.
4.
Makes good-faith efforts to select the most qualified candidates regardless of race, color,
national origin, religion or sex. TAC recognizes the duty, should the need arise, to make good
faith efforts to remedy any statistically significant underutilization of minorities and women.
Accordingly, TAC commits to evaluating the total selection process to ensure freedom from bias
based on race, color, religion, sex, and national origin through:
5.
a.
Reviewing the job applications and other pre-employment forms to ensure information
requested is job-related;
b.
Evaluating selection methods that may have a disparate impact to ensure that they are
job-related and consistent with business necessity;
c.
Providing assistance, such as training and guidance on proper interviewing techniques
and EEO training, to employees, management, and supervisory staff, including, but not
limited to, those who are involved in the recruitment, selection, discipline and other
related processes, so that personnel actions remain neutral to race, color, religion, sex and
national origin; and
d.
Reviewing selection techniques and employment standards.
TAC employs appropriate methods to attempt to improve recruitment and increase the flow of
qualified minorities and women applicants in its recruiting process, including a number of the
following actions:
a.
Including the phrase, “Equal Opportunity/Affirmative Action Employer” in printed
employment advertisements;
b.
Placing help-wanted advertisements, when appropriate, in local minority news media and
women’s interest media;
8
6.
c.
Disseminating information on job opportunities to organizations representing minorities,
women, and employment development agencies when job opportunities occur;
d.
Encouraging all employees to refer qualified applicants;
e.
Actively recruiting in secondary schools, junior colleges, colleges and universities with
predominantly minority or female enrollments where underutilization exists in such
areas, and
f.
Requesting employment agencies to refer qualified minorities and women.
g.
TAC considers using special employment programs designed to deal with
underutilization. Business conditions and other feasibility matters remain the key factor
in any decision to develop/implement such programs.
h.
Whenever feasible and appropriate, TAC participates in job fairs, career days, youthmotivation programs and other programs that foster exposure for qualified minorities and
women.
i.
TAC encourages minorities and women to participate in Company-sponsored activities
and programs.
j.
TAC utilizes various community organizations and schools as referral sources.
TAC reviews promotion criteria and procedures so that job qualifications form the basis for the
promotional decisions without regard to race, color, sex, religion, or national origin. TAC
monitors promotion rates for minorities and women and, when necessary, may employ one or
more of the following procedures:
a.
Maintaining an inventory of current minority and women employees to determine special
job-related talents, skills and experience.
b.
Providing job training, job-related courses or certificate programs.
c.
Reviewing work specifications and job qualifications to ensure job-relatedness.
d.
Reviewing promotion decisions for possible impact on women or minorities.
e.
Conducting career counseling, where appropriate, during performance evaluations.
f.
Informing employees about educational programs and other opportunities available to
improve their employment prospects.
g.
Reviewing seniority practices for possible impact on women and minorities.
h.
Reviewing Company-sponsored social and recreational activities to ensure nondiscriminatory participation and availability.
9
i.
Ensuring that all employees are given equal employment for promotion. This is achieved
by:
1.
Generally posting or otherwise announcing most promotional opportunities.
2.
Offering counseling to assist employees in identifying promotional opportunities,
training and educational programs to enhance promotions and opportunities for
job rotation on or transfer; and
3.
Evaluating job requirements for promotion.
Internal Audit and Reporting System
41 C.F.R. § 60-2.17(d)
1.
Lili Gonzalez, TAC's EEO/AA Administrator, maintains an internal audit system to attempt to
oversee TAC's Affirmative Action Plan and assess progress. The EEO Administrator is
responsible for ensuring that the formal AAP documents are developed and prepared and for the
effective AAP implementation; however, responsibility is likewise vested with each department
manager and supervisor, depending upon the specific responsibility. The audit system is
designed and implemented to measure the effectiveness of the total affirmative action program
[41 C.F.R. § 2.17 (d)(1)-(4)], including:
a.
Monitoring records of all personnel activity, including: referrals, placements, transfers,
promotions, terminations, and compensation, at all levels, to ensure the
nondiscriminatory policy is carried out,
b.
Requiring internal reporting on a scheduled basis as to the degree to which equal
employment opportunity and organizational objectives are attained,
c.
Reviewing reports at all levels of management; and
d.
Advising top management of the program’s effectiveness and submitting
recommendations to improve unsatisfactory performance. 41 C.F.R. § 2.17 (d)(1)-(4).
2.
TAC reviews various employment decisions, such as job referrals, hiring decisions, transfers,
promotions, and terminations. TAC maintains summary data where necessary and feasible, and
conducts regular reviews at least annually.
3.
There is no "de facto" (in practice without being officially established) segregation. Further,
TAC ensures that facilities, as broadly defined in 41 C.F.R. § 60-1.8, provided for employees are
provided in such a manner that segregation on the basis of race, color, religion, sex, or national
origin cannot result, provided that separate or single-user restrooms and necessary dressing or
sleeping areas shall be provided to ensure privacy between the sexes.
10
4.
TAC complies with required records retention provisions set forth in 41 C.F.R.§60-1.12 and
elsewhere in the applicable OFCCP regulations, and maintains a) employment applications
(generally for two years); b) summary data of applicant flow by identifying, at least, total
applicants, total minority applicants, and total female applicants, where necessary and feasible,
and conducts regular reviews at least annually; c) applicant flow showing the name, race, sex,
date of application, job title, interview status, and the action taken for all individuals applying for
job opportunities, and the relevant applicant/hire decisions; d) summary data of external job
offers and hires, promotions, resignations, terminations, and layoffs by job group and by sex and
minority group identification; e) and records pertaining to its compensation system.
5.
Provide needed reports to managers and supervisors regarding the results of the audit as well as
TAC's overall progress in the area of EEO/AA. Any recommended actions should be made as
well. Reports shall be made to senior management on at least an annual basis.
Guidelines for Prevention of Sex Discrimination
41 C.F.R. § 60-20.1 et seq.
TAC supports the promotion and ensuring of equal employment opportunity of its employees and applicants
without regard to sex, and endorses and complies with the following policy statements.
1.
TAC employment advertisements do not express a sex preference nor does TAC place
advertisements in columns designated "males" or "females", unless sex is a bona fide occupation
obligation. 41 C.F.R. §60-20.2(a).
2.
Employees of both sexes at TAC shall have an equal opportunity to any available job that he or
she is qualified to perform, unless sex is a bona fide occupation obligation. 41 C.F.R. §60-20.2.
3.
TAC maintains gender-neutral personnel policies that expressly indicate that there shall be no
gender discrimination against employees. The terms and conditions of any written collective
bargaining agreements shall not be inconsistent with these guidelines. 41 C.F.R. §60-20.3(a).
4.
TAC makes no distinction based upon sex in employment opportunities, wages, hours, or other
conditions of employment. 41 C.F.R §60-20.3(c).
5.
TAC will not make any distinction between married and unmarried persons of one sex that is
not made between married and unmarried persons of the opposite sex, or deny employment to
women with young children unless it has the same exclusionary policies for men, or terminate
the employment of an employee of one sex in a job classification upon reaching a certain age
unless the same rule is applicable to members of the opposite sex. 41 C.F.R. § 60.20.3(d).
6.
TAC has policies and practices to ensure appropriate physical facilities to both sexes. 41 C.F.R.
§ 60-20.3(e).
7.
TAC will not deny a female employee the right to any job she is qualified to perform in reliance
on a State “protective” law regarding, for example, prohibiting women from performing work
11
such as a bartender, or for working at jobs requiring more than a certain number of hours or
lifting above a certain weight. 41 C.F.R. § 60-20.3(f).
8.
TAC endorses and complies with the 1978 Pregnancy Discrimination Act, as it amended Title
VII of the Civil Rights Act of 1964. TAC applies any leave of absence policy uniformly,
regardless of sex. 41 C.F.R. § 60-20.3(g).
9.
TAC must not specify any differences for male and female employees on the basis of sex in
either mandatory or optional retirement age. 41 C.F.R. § 60-20.3(h).
10.
TAC's seniority lines and lists must not be based on sex. 41 C.F.R. § 60-20.4.
11.
TAC's wage schedules are not related to or based on the sex of an employee. 41 C.F.R. § 6020.5(a). Further, TAC does not discriminatorily restrict one sex to certain job classifications, and
instead must take steps to make jobs available to all qualified employees in all classifications
without regard to sex. 41 C.F.R. § 60-20.5(b).
12.
When appropriate, TAC makes affirmative efforts to increase the number and percentage of
women in the workforce, including, but not limited to the following:
a.
TAC recruits women and encourages existing women employees to apply for positions
historically labeled by society as "traditionally male".
b.
TAC guarantees equal, gender-neutral access to training and tuition reimbursement
programs, including management training, and other types of workplace training
programs.
c.
TAC informs management of its affirmative action responsibilities. 41 C.F.R § 60-20.6.
12
Workforce Analysis
Contractors and subcontractors are required to include in their AAPs an organizational
profile of their workforce using either a “workforce analysis” or “organizational display”
that provides detailed data reflecting staffing patterns within the establishment. 41 C.F.R.
§ 60-2.11. An organizational profile shows the staffing pattern within a contractor’s
establishment. This profile assists an employer in identifying where, in the workforce of
its site which is the subject of this AAP, women or minorities are underrepresented or
concentrated. A workforce analysis is used in this AAP, which lists each job title from
the lowest paid to the highest paid within each department or similar organizational unit.
Job Group Analysis
Contractors and subcontractors are required to include in their AAPs a “job group
analysis” by combining jobs at the establishment with similar content, wage rates, and
opportunities to form job groups. 41 C.F.R. § 60-2.12. The job group analysis is a
contractor’s first comparison of the representation of minorities and women in its
workforce with the estimated availability of minorities and women to be employed. The
job group is created by first sorting the various jobs at the establishment into job groups,
which is a collection of jobs in an organization with similar job content (field of work
and/or skill level), similar promotional opportunities, and similar compensation. The job
groups then are developed to fit the unique characteristics of each organizational unit,
taking into account the size, type, and complexity of the work performed. Contractors,
after combining the job titles for the job group analysis, must then separately provide the
percentage of minorities and the percentage of women they employ in each job group.
Availability Analysis
After a contractor has formulated job groups and determined the minority and female
availability percentages for each job group, it must then compare the actual utilization of
minorities and women in each job group with their estimated availability, and identify
those job groups where the percentage of women and/or minorities employed is less than
would reasonably be expected given their availability. 41 C.F.R. § 60-2.15.
Availability Statistics
Contractors and subcontractors, after aggregating individual jobs into job groups, are then
required to determine the availability of women and minorities for those job groups. 41
C.F.R. § 60-2.14. “Availability” is a percentage estimate of the women and minorities
who have the skills required to perform the jobs within the job groups. To determine the
availability percentages, contractors are required to consider two factors: 1) factors
reflecting the availability outside the contractor’s workforce (such as people in the
immediate labor area or reasonable recruitment area); and, 2) factors affecting the
availability inside the contractor’s own workforce (such as people who are qualified and
available by transfer, promotion, or training). Contractors typically rely on the most
current U.S. Census data to develop their external availability factors, and on their own
workforce numbers to develop their internal availability factors. Both external and
internal factors must be considered, but contractors may “weight” each of the two factors
according to each factor’s relevance to the job group in question. Such weighting is
included in the following availability statistics for each job group.
Utilization Analysis
Contractors and subcontractors are required to perform a utilization analysis that includes
the placement of the contractor’s employees into the job groups, the determination of the
availability for employment of minorities and women, and a comparison of their
incumbency in the job groups to their availability. 41 C.F.R. § 60-2.13 to 60.2.15.
Contractors must create the utilization analysis so that they can identify whether or not
there is underutilization of minorities or women in any of the job groups. When the
percentage of minorities or women in a job group is less than would be reasonably
expected given their availability, contractors are required to establish placement goals,
which also serve as reasonably attainable objectives to measure progress toward
achieving equal employment opportunity. 41 C.F.R. § 60-2.16.
The term “underutilization” is used to refer to the presence of fewer minorities or women
in a particular job group than would reasonably be expected given their availability.
Contractors may use a number of methods to determine whether their actual
representation rates are lower than would reasonably be expected, including: 1) declaring
underutilization when there is any difference between the availability percentage and the
utilization percentage; 2) concluding that underutilization exists when the number of
minority or female incumbents is at least one whole person lower than the number
predicted by the availability percentages; 3) using an “80 percent rule” by declaring
underutilization only when the actual representation is less than 80 percent of availability
(which is the expected representation); or, 4) using a “two standard deviation” rule and
test whether the difference between the actual and expected representation is statistically
significant. Any reasonable method, as long as it is uniformly applied, is acceptable to
the OFCCP.
Placement goals are established as a percentage of the annual placement rate, (e.g., a
goal of hiring women for 25 percent of the vacancies in a job group), and are used to
measure progress toward achieving equal employment opportunity. 41 C.F.R. § 60-2.16.
The placement goal must be at least equal to the availability percentage for women and/or
minorities, as applicable, for the underutilized job group. Contractors may establish
higher goals if they desire. Although a contractor is required to make good faith
efforts to meet its goals, the goals are not allowed under law to be quotas (with the
exception of a few circumstances, such as when there is a consent decree, and
therefore no sanctions are imposed solely for failure to meet them.)
TAC Americas, Inc
Secaucus, NJ
for
Individuals with Disabilities and Covered Veterans
Plan Year
CONFIDENTIAL, TRADE SECRET, AND PRIVATE MATERIAL
For the purposes of this report, the term TAC includes any of its divisions or subsidiaries. This Affirmative
Action Plan contains confidential, trade secret, commercial, and private information of TAC which is protected
from disclosure by the Office of Federal Contract Compliance Programs pursuant to the Trade Secrets Act, 18
U.S.C. § 1905. The release of this information could cause substantial harm to TAC or its employees within the
meaning of the Freedom of Information Act ("FOIA"), 5 U.S.C. §§ 552 (b)(3), (4), and (7) and the Trade
Secrets Act. FOIA protects information in this document from mandatory disclosure to FOIA requestors. See,
e.g., Chrysler v. Brown, 441 U.S. 281 (1979). Furthermore, release of any trade secret, confidential statistical
or commercial information would be arbitrary and capricious in violation of the Administrative Procedure Act.
See, e.g., CNA Financial Corp. v. Donovan, 830 F.2d 1132, 1144 (D.C. Cir.), cert. denied, 485 U.S. 977 (1988).
TAC Americas, Inc
Secaucus, NJ
AFFIRMATIVE ACTION PLAN
FOR
INDIVIDUALS WITH DISABILITIES AND COVERED VETERANS
Plan Year
TABLE OF CONTENTS
INTRODUCTION
1
EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT
1
REVIEW OF PERSONNEL PROCESSES
3
PHYSICAL AND MENTAL JOB QUALIFICATIONS
5
REASONABLE ACCOMMODATION
6
HARASSMENT PREVENTION
6
EXTERNAL DISSEMINATION OF POLICY, OUTREACH, AND POSITIVE RECRUITMENT
6
INTERNAL DISSEMINATION OF POLICY
9
AUDIT AND REPORTING SYSTEM
11
RESPONSIBILITY FOR IMPLEMENTATION OF THE PLAN
11
TRAINING TO ENSURE AAP IMPLEMENTATION
13
Introduction
TAC Americas, Inc (TAC) sets forth this affirmative action plan for the year from January 1, 2012 through
December 31, 2012, reaffirming its commitment to the spirit and letter of affirmative action law. Through the
implementation of this plan TAC continues its efforts to comply with appropriate government regulations and to
make the best possible use of personnel while contributing to the betterment of society and the community.
In developing this plan TAC recognizes its duty to ensure equal employment opportunity. The following
statement of policy reinforces that belief.
Equal Employment Opportunity Policy Statement
41 C.F.R. § 60-300.44(a); § 60-250.44(a); § 60-741.44(a)
In setting forth this plan TAC reaffirms its belief and commitment in equal employment opportunity for all
employees and applicants for employment in all terms and conditions of employment. Lili Gonzalez as the
EEO Administrator oversees the plan development, modification, implementation, and reporting requirements
and conducts management updates.
As part of TAC's commitment to this overall process, it will seek to ensure that all aspects of employment,
including recruitment, selection, job assignment, training, compensation, benefits, discipline, promotion,
transfer, layoff and termination processes remain free of illegal discrimination based upon disability (as defined
under Section 503 of the Rehabilitation Act of 1973) or Covered Veteran status (as defined below or by
applicable VEVRAA regulations). Regular review helps to ensure compliance with this policy.
TAC maintains an audit and reporting system to determine overall compliance with its equal employment
opportunity mandates and to respond to any specific complaints applicants or employees file with its EEO
office. Overall responsibility for TAC’s EEO/AA programs is assigned to Lili Gonzalez. The Company invites
any employee to review the Company’s written Affirmative Action Plans. These plans are available for
inspection upon request during normal business hours at the Human Resources office.
TAC will ensure that employees and applicants shall not be subjected to harassment due to their status
described above, or any harassment, intimidation, threats, coercion or discrimination because they have engaged
in or may engage in any of the following activities: (1) filing a complaint with the Company or with federal,
state, or local agencies regarding status covered under this AAP; (2) assisting or participating in any
investigation, compliance review, hearing, or any other activity related to the administration of any federal,
state, or local equal employment opportunity or affirmative action statute pertaining to the status covered under
this AAP; (3) opposing any act or practice made unlawful by section 503 and/or VEVRAA; and (4) exercising
any other right protected by section 503 and/or VEVRAA or its implementing regulations in this part.
1
Definitions. For the purposes of this plan the term “Covered Veteran” shall include, for contracts prior to
December 1, 2003, those veterans covered by the Vietnam Era Veterans’ Readjustment Assistance Act of 1974
and its progeny including disabled veterans, veterans of the Vietnam Era. For contracts on or after December 1,
2003, the following definitions shall apply in this Affirmative Action Plan (“AAP”) under 41 C.F.R. § 60250.1(a); 60-300.1(a):
Disabled Veteran means:
1.
A veteran of the U. S. military, ground, naval, or air service who is entitled to compensation (or
who but for the receipt of military retired pay would be entitled to compensation) under laws
administered by the secretary of Veterans Affairs, or
2.
A person who was discharged or released from active duty because of a service-connected
disability.
Other Protected Veteran means a veteran who served on active duty in the U. S. military, ground, naval,
or air service during a war or in a campaign or expedition for which a campaign badge has been
authorized, under the laws administered by the U. S. Department of Defense.
Recently-Separated Veteran means any veteran during the three-year period beginning on the date of
such veteran’s discharge or release from active duty in the U.S. military, ground, naval, or air service.
Armed Forces Service Medal Veteran means any veteran who, while serving on active duty in the U.S.
military, ground, naval, or air service, participated in a United States military operation to which an
Armed Forces service medal was awarded pursuant to Executive Order 12985.
2
Review of Personnel Processes
41 C.F.R. § 60-250.5, 250.44(b); 60-300.5, 300.44(b); 60-741.5, 741.44(b)
1.
TAC ensures its personnel processes provide for careful, thorough, and systematic consideration
of the job qualifications of applicants and employees with known disabilities and for covered
Veterans for job vacancies filled either by hiring or promotion, and for all training opportunities
offered or available.
2.
TAC also ensures its personnel processes do not stereotype individuals with disabilities or
Covered Veterans in a manner which limits their access to jobs for which they are qualified, or
otherwise discriminate against such individuals in violation of either Section 503 or VEVRAA,
in any aspect of employment. TAC takes affirmative action to employ, advance in employment,
and otherwise treat qualified individuals without discrimination based on their status as
individuals with disabilities and/or Covered Veterans in all employment practices, including the
following:
3.
a.
Recruitment, advertising, and job application procedures;
b.
Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination,
right of return from layoff and rehiring;
c.
Rates of pay or any other form of compensation and changes in compensation;
d.
Job assignments, job classifications, organizational structures, position descriptions, lines
of progression, and seniority lists;
e.
Leaves of absence, sick leave, or any other leave;
f.
Fringe benefits available by virtue of employment, whether or not administered by TAC;
g.
Selection and financial support for training, including apprenticeship, and on-the-job
training under 38 U.S.C. 3687, professional meetings, conferences, and other related
activities, and selection for leaves of absence to pursue training;
h.
Activities sponsored by TAC, including social and recreational programs; and
i.
Any other term, condition, or privilege of employment.
TAC also periodically reviews its processes and makes any necessary modifications to ensure
these obligations are carried out. The following procedures facilitate a review of the
implementation of these requirements and are drawn from, among other things, Appendix C of
the OFCCP’s Regulations implementing Section 503 of the Rehabilitation Act of 1973.
a.
TAC invites those offered jobs and incumbent employees to self-identify as disabled or
as a Covered Veteran. These self-identification forms are expeditiously-retrievable for
3
review by both the Department of Labor and by TAC officials for use in investigations,
compliance reviews, and internal compliance activities.
4.
b.
The personnel and/or application records of each individual with a known disability or
Covered Veteran include: a) identification of each promotion for which the employee
with a disability or Covered Veteran was considered; and, b) the identification of each
training program for which the individual with a disability or Covered Veteran was
considered.
c.
In each case in which an employee or applicant with a known disability and/or Covered
Veteran is rejected for employment, promotion, or training, TAC appends a statement
with the reason for rejection to the personnel file or application form (as applicable), as
well as a description of any accommodations considered if disability was the reason for
rejection. TAC makes this statement available to the applicant or employee concerned
upon request by that individual.
d.
The application form or other record (outside of the personnel file) contains a description
of any accommodations which made it possible for TAC to place an individual with a
disability or a Covered Veteran in a job.
TAC also takes the following steps to ensure compliance:
a.
Its selection forms, such as applications for employment, comply with federal and state
employment laws regarding individuals with disabilities and Covered Veterans.
b.
Periodically, TAC reviews its job descriptions to ensure that they properly reflect the
actual functions and duties of the position.
c.
TAC encourages persons with a disability and Covered Veterans to participate in
Company-sponsored activities and programs.
d.
TAC advises vendors, suppliers and subcontractors about TAC's plan and of its EEO/AA
responsibilities as described in the OFCCP regulations.
e.
TAC prominently displays Equal Employment Opportunity posters in all appropriate
places in the workplace.
4
Physical and Mental Job Qualifications
41 C.F.R. § 60-741.44(c); 41 C.F.R. §60-250.44(c); 41 C.F.R. § 300.23 and 44(c)
1.
TAC reviews all physical and mental job qualifications requirements with line management and
supervisors involved in the job selection process to ensure that, to the extent qualifications screen
out or tend to screen out qualified individuals with disabilities or Covered Veterans, they are job
related and consistent with business necessity and the safe performance of the job.
2.
TAC reviews its job descriptions and qualifications to ensure they accurately reflect job duties
and responsibilities. This review is conducted, but not limited to:
a.
Annually;
b.
As new job qualifications are established; and/or,
c.
When new equipment is installed.
3.
To the extent that physical or mental job qualification requirements screen out or tend to screen
out qualified individuals with disabilities or Covered Veterans in the selection of employees or
applicants for employment or other changes in employment status such as promotion or training,
TAC ensures such requirements are related to the specific job for which the individual is being
considered, and are job related and consistent with business necessity.
4.
No pre-employment physical examinations or questionnaires are used by TAC prior to a job
offer contingent on such examinations and other requirements.
5.
When TAC conducts a medical examination or inquiry of a Covered Veteran or a person with a
disability, it will do so according to the terms and conditions of the Federal Regulations
implementing Section 503 and VEVRAA, and the results of such an examination or inquiry are
kept confidential according to federal regulations, which includes the following exceptions:
6.
a.
Supervisors and managers may be informed regarding restrictions on the work or duties
of the applicant or employee and necessary accommodations;
b.
First aid and safety personnel may be informed, when appropriate, if the disability might
require emergency treatment; and,
c.
Government officials engaged in enforcing the laws administered by the OFCCP
regarding individuals with disabilities or Covered Veterans, or enforcing The Americans
with Disabilities Act and The Americans with Disabilities Act Amendment Act of 2008,
shall be provided relevant information on request.
TAC only considers relevant that portion of a Covered Veteran’s military record related to the
precise job qualifications for the job for which the Covered Veteran is being considered, and
5
shall otherwise comply with its OFCCP obligations regarding any medical examination or
inquiry for a Covered Veteran.
Reasonable Accommodation
41 C.F.R. § 60-741.44(d); 41 C.F.R. §60-250.44(d); 41 C.F.R. §60-300.44(d)
1.
It is TAC's policy to make reasonable accommodation to the known physical and mental
limitations of all otherwise qualified employees with a disability, qualified applicants, or
Covered Veterans, unless it can demonstrate that the accommodation would impose an undue
hardship on TAC's business, in accordance with the terms and conditions of Section 503 of the
Rehabilitation Act of 1973 regulations. Undue hardship will be determined by assessing whether
the requested regulations would cause significant difficulty or expense as set forth in the Section
503 regulations.
2.
If an employee, including a Covered Veteran with a known disability is having significant
difficulty performing his or her job and it is reasonable to conclude that the performance problem
may be related to the known disability, TAC notifies the employee of the performance problem
and inquires whether the problem is related to the employee’s disability.
3.
If the employee responds affirmatively, TAC confidentially inquires whether the employee is in
need of a reasonable accommodation. In determining the extent of TAC's accommodation
obligations, TAC will consider whether the accommodation would cause an undue hardship on
the operation of its business, as well as whether the employee poses a direct threat to the health
and safety of the individual or others in the workplace.
Harassment Prevention
41 C.F.R. § 60-741.44(e); 41 C.F.R. §60--250.44(e); 41 C.F.R. § 60-300.44(e)
TAC has developed and implemented procedures to ensure its employees with disabilities and Covered
Veterans are not harassed based on their disability or Covered Veteran status.
1.
When TAC offers employment or promotion to qualified individuals with a disability or covered
veterans, TAC does not reduce the amount of compensation offered because of disability
income, pension, or other benefit the person with a disability or the qualified covered veteran
receives from another source.
2.
TAC prohibits harassment based on an employee’s status as a protected class member.
6
External Dissemination of Policy, Outreach, and Positive Recruitment
41 C.F.R. § 60-741.5, 741.44(f); 41 C.F.R. §60-250.5, 250.44(f); 41 C.F.R. §60-300.5,
300.44(f)
1.
2.
TAC undertakes appropriate outreach and positive recruitment activities such as some of those
listed below that are reasonably designed to effectively recruit qualified individuals with
disabilities and Covered Veterans. The policies to which this and other AAP sections refers can
be found at 41 C.F.R. § 60-741.5; 41 C.F.R. §60-250.5; 41 C.F.R. §60-300.5.
a.
Includes the phrase "Equal Employment Opportunity Employer/Affirmative Action" on
employment applications, in newspaper advertisements and other external
advertisements. The scope of TAC’s efforts shall depend upon all of the circumstances.
b.
Incorporates the equal employment opportunity and affirmative action clauses into
covered purchase orders, lease agreements and other covered contracts.
c.
Communicates with the state employment security office in writing regarding the policy.
d.
Listing all external job openings with the state employment service office, with the
exception of: a) executive and top management; b) those positions that will be filled
from within TAC’s organization; and, c) positions lasting three days or less.
e.
Advising prospective employees of the existence of the plan and makes pertinent portions
of it available upon request, during regular business hours, so they may avail themselves
of its benefits.
In addition, TAC conducts other methods in its good faith effort regarding the recruitment and
promotion of individuals with disabilities and Covered Veterans. It is not contemplated that TAC
will necessarily undertake all of the activities listed below. The scope of TAC’s efforts shall
depend on its size and resources and the extent to which its existing employment practices are
adequate. Some of the methods TAC may use are as follows:
a.
Enlisting the assistance and support of recruiting sources such as the local Veterans’
Employment Representative in the local employment service office, the Department of
Veterans Affairs Regional Office nearest to TAC’s establishment, veterans’ counselors
on college campuses, and other veterans’ groups in recruiting and developing on-the-job
training opportunities for Covered Veterans.
b.
Conducting formal briefing sessions with representatives from the above-mentioned
sources, preferably on TAC’s premises, including site tours and literature, to explain
current and future job openings, position descriptions, and the job selection process, with
formal arrangements made for applicant referral, follow up with sources, and feedback on
the disposition of applicants.
c.
Advising recruitment sources, organizations supporting individuals with disabilities and
Covered Veterans, community agencies, business leaders, secondary schools and colleges
7
annually in writing of its commitment to its policy and plan, and informing these sources
that job applicants will be treated without regard to disability or veteran status.
d.
Incorporating special recruiting efforts to reach students who are disabled and/or Covered
Veterans at educational institutions, as well as participating in work-study programs with
the Department of Veterans Affairs rehabilitation facilities which specialize in training or
educating disabled veterans.
e.
Establishing meaningful contacts with organizations serving individuals with disabilities
and/or Covered Veterans.
f.
Should pictures be used in advertisements and other publications, they should include
persons with disabilities and Covered Veterans in consumer, promotional, or help-wanted
advertising.
g.
Including, where feasible, the participation of individuals with disabilities in career days,
youth motivation programs, and related community activities.
h.
Attempting to notify subcontractors, suppliers and vendors of its policy and requesting
appropriate action on their parts.
i.
Establishing meaningful contacts with appropriate social service agencies, organizations
of and for individuals with known disabilities and Covered Veterans, and vocational
rehabilitation agencies or facilities, for such purpose as advice, technical assistance, and
referral of potential employees. Technical assistance from the resources described in this
paragraph consists of advice on proper placement, recruitment, training and
accommodations, but no resource providing technical assistance has the authority to
approve or disapprove the acceptability of TAC’s affirmative action programs.
j.
Taking positive actions to attract qualified individuals with known disabilities and
Covered Veterans not currently in the workforce who have the requisite skills and can be
recruited through affirmative action measures. TAC locates these individuals through
local chapters of organizations of and for individuals with disabilities and Covered
Veterans.
k.
Considering, when making hiring decisions, individuals with known disabilities and
Covered veterans for available positions when the position for which they have applied is
unavailable.
8
Internal Dissemination of Policy
41 C.F.R. § 60-741.44(g); 41 C.F.R. § 60--250.44(g); 41 C.F.R. § 60--300.44(g)
1.
TAC recognizes that even a strong outreach program for individuals with disabilities and
Covered Veterans may be ineffective without adequate internal support from its supervisors and
employees. Therefore, to ensure greater employee cooperation and participation in TAC’s
efforts regarding individuals with disabilities and Covered Veterans, it has developed the
following internal procedures to communicate its obligations to engage in affirmation action
efforts in this regard.
2.
These procedures are designed to foster understanding, acceptance, and support among TAC’s
executives, management, supervisory, and other employees and to encourage such individuals
take the necessary actions to aid TAC in meeting its obligations. TAC undertakes appropriate
outreach and positive recruitment activities such as some of those listed below that are
reasonably designed to effectively recruit qualified individuals with disabilities and Covered
Veterans. It is not contemplated that TAC will necessarily undertake all of the activities listed
below. The scope of TAC’s efforts shall depend on its size and resources and the extent to
which its existing employment practices are adequate. Some of the methods TAC may use are as
follows:
a.
Including the policy statement on equal employment opportunity, affirmative action, antidiscrimination, and anti-harassment in its employee policy manuals and websites.
b.
Informing employees and prospective employees of TAC’s commitment to engage in
affirmative action to increase employment opportunities for individuals with disabilities
and Covered Veterans.
c.
Periodically scheduling special meetings with employees to discuss the policy and
explain individual employee responsibilities.
d.
Publicizing policy in TAC’s newspaper, magazine, annual report, and other media.
e.
Conducting special meetings with executive, management, and supervisory personnel to
explain the intent of the policy as well as the AAP and individual responsibility for
effective implementation, making clear the chief executive officer’s positive attitude.
f.
Discussing the policy thoroughly in both employee orientation and management training
meetings, as well as during in-house employment-related training.
g.
Meeting with union officials and/or employee representatives to inform them of TAC’s
policy, and requesting their cooperation.
h.
Including articles on accomplishments of individuals with disabilities and Covered
Veterans in TAC’s publications, and when employees are featured in employee
handbooks and similar publications, including individuals with disabilities and Covered
Veterans.
9
i.
The policy statement is posted on bulletin boards accessible to employees and applicants.
Special efforts will be made to ensure that those with known visual or other sight limiting
disabilities are informed of the contents of the notice.
j.
TAC references the policy and progress in its annual report, newspaper, magazine and
other publications.
k.
TAC publications, if any, including those with photographs, feature persons with
disabilities and covered veterans where feasible, and will include articles on the
accomplishments of individuals with disabilities or Covered Veterans.
l.
Pertinent portions of the AAP are available during regular business hours for inspection
by employees and applicants for employment so that they may avail themselves of the
plan's benefits.
m.
TAC generally invites individuals with disabilities, after an offer of employment but
before work has begun, to identify themselves to management and request any reasonable
accommodation. This opportunity remains available. Any person who avails him/herself
will be free from retaliation based upon the self-identification. Further, efforts will be
made to keep confidential that identification except for those who are authorized due to
their job responsibilities to have that information.
10
Audit and Reporting System
41 C.F.R. § 60-741.44(h); 41 C.F.R. § 60--250.44(h); 41 C.F.R. § 60--300.44(h)
Lili Gonzalez, TAC's EEO/AA Administrator, maintains an audit system that:
1.
Measures the effectiveness of the TAC’s affirmative action program.
2.
Indicates any need for remedial action.
3.
Determines the degree to which TAC’s AA objectives have been attained.
4.
Determines whether persons with known disabilities or Covered Veterans have had the
opportunity to participate in all company sponsored-educational, training, recreational and social
activities.
5.
Measures TAC’s compliance with the affirmative action programs specific obligations.
6.
Where TAC, upon its review, finds its affirmative action program to need further progress in
certain areas it will take necessary action to do so.
Responsibility for Implementation of the Plan
A.
Identification and Responsibilities Of EEO/AA Administrator
41 C.F.R. § 60-741.44(i); 41 C.F.R. § 60--250.44(i); 41 C.F.R. § 60--300.44(i)
In furtherance of TAC’s commitment to Affirmative Action and Equal Employment Opportunity,
overall responsibility for implementing TAC's AAP rests with its EEO/AA Administrator, whose
identity should appear on all internal and external communications regarding TAC’s AAP. The EEO/AA
Administrator shall be given top management support and staff to manage the implementation of this
program as it pertains to all applicable laws, orders and regulations. Including but not limited to the
Rehabilitation Act of 1973, the Vietnam Era Veterans Assistance Act of 1974 and their progeny.
Specifically, Lili Gonzalez or the designated representative's duties include:
1.
Developing, maintaining and, where appropriate, modifying TAC's AAP for individuals with
disabilities and Covered Veterans, policy statements, personnel policies, internal and external
communication techniques including discussions with managers, supervisors and employees to
ensure TAC’s policies are followed, and monitoring the effectiveness of these actions.
2.
Advising supervisors that they are responsible to prevent employees harassment due to their
status as an individual with a disability or a Covered Veteran.
3.
Identifying problem areas with line management in the implementation of the program, and
helping management develop solutions to any identifiable problem area.
11
B.
4.
Designing, implementing and overseeing an audit and reporting system to monitor the progress
of the Company and the AAP’s effectiveness, including auditing the contents of TAC’s
electronic and hard copy bulletin boards on a regular basis to ensure that compliance information
that is posted is up to date.
5.
Serving as liaison between TAC and governmental enforcement agencies, community groups,
vocational rehabilitation organizations, and organizations for individuals with disabilities and
Covered Veterans.
6.
Evaluating the effectiveness of TAC's plan on a regular basis, and reporting to management.
7.
Monitoring policies and procedures including the selection, evaluation, promotion and training
process with regard to the various terms and conditions of employment to attempt to ensure
compliance with affirmative action obligations.
8.
Assisting in ensuring that TAC has processes and procedures: a) to ensure that career counseling
for employees with known disabilities and Covered Veterans, when requested and appropriate;
and, b) to review personnel actions, policies, procedures, and employee and applicants’
qualifications to ensure individuals with disabilities and Covered Veterans are treated in
accordance with anti-discrimination laws when hiring, promotion, transfer, and termination
actions occur.
9.
Keeping management up to date on the latest developments in the areas of EEO and affirmative
action.
10.
Assisting in the investigation, handling and disposition of employee discrimination and
harassment complaint.
11.
Conducting periodic reviews of offices to ensure compliance in the areas of proper display of
posters and notices, and opportunity for participation in Company-sponsored recreational,
educational and social activities.
Management Responsibilities
41 C.F.R. § 60-741.44(i); 41 C.F.R. § 60--250.44(i); 41 C.F.R. §60--300.44(i)
Line and upper management are advised of their responsibilities for TAC’s AAP regarding individuals
with disabilities and Covered Veterans within his or her area of responsibility, including but not limited
to their obligations to:
1.
Review TAC’s AAP for individuals with disabilities and Covered Veterans with subordinate
managers and supervisors to ensure they are aware of the policy, understand their obligation to
comply with it in all personnel actions and the need for support are understood at all levels.
2.
Assist in the auditing of plan progress, identification of problem areas, formulation of solutions,
establishment of departmental goals and objectives, and development of training programs, when
appropriate.
12
3.
Review the qualifications of applicants and employees in their area of responsibility to ensure
qualified individuals with disabilities and Covered Veterans are treated in a nondiscriminatory
manner when hire, promotion, transfer, and termination actions occur; and
4.
Review employees’ performance to ensure that illegal discrimination regarding individuals with
disabilities and Covered Veterans does not occur.
5.
Making available career counseling to employees with known disabilities and Covered Veterans,
when so requested, and as appropriate.
6.
Reviewing position descriptions to see that they adequately reflect the job to be performed.
7.
Auditing training programs, hiring, and promotion patterns.
8.
Assisting subordinates and upper management in the prevention of harassment.
Training to Ensure AAP Implementation
41 C.F.R. § 60-741.44(j); 41 C.F.R. § 60--250.44(j); 41 C.F.R. §60--300.44(j)
TAC provides training and guidance to employees who are involved in the recruitment, screening, selection,
promotion, disciplinary and other related processes to ensure that its Affirmative Action Program commitments
are implemented.
13
Policy with Respect to Religion/National Origin
41 C.F.R. § 60-50.1 et seq.
Pursuant to the guidelines prohibiting discrimination on the basis of religion or national origin, 41 C.F.R. § 6050.1, et seq., TAC hereby reaffirms that it does not discriminate against employees, or applicants for
employment, because of religion or national origin. TAC takes affirmative action to seek to ensure that
employees or applicants for employment are treated without regard to their religion or national origin in all
aspects of the terms and conditions of employment, such as upgrading, demotion, transfer, recruitment,
recruitment advertising, layoff, termination, rates of pay (or other forms of compensation), and selection for
training.
TAC has reviewed its employment practices and determined that its employees, including those who belong to
religious or ethnic groups, have received fair consideration for job opportunities. Based upon its review, and
depending upon the circumstances, TAC will undertake appropriate actions, which may include one or more of
the following activities:
1.
Issuing a policy directive to employees reaffirming the TAC’s obligation to provide equal
employment opportunity without regard to religion or national origin. This policy will be
communicated in such a manner as to foster understanding, acceptance, and support among
executives, managers, supervisors, and other employees, and to encourage such persons to take
the necessary action to aid TAC in meeting its obligations.
2.
Developing internal procedures to seek to ensure that TAC’s obligation to provide equal
employment opportunity, without regard to religion or national origin, is being fully
implemented. Specifically, employment activities are reviewed by the EEO Administrator.
3.
Informing management annually of its commitment to equal employment opportunity, without
regard to religion or national origin.
4.
Enlisting the assistance and support of recruitment sources for this commitment.
TAC acknowledges its responsibility to make reasonable accommodations for the religious observances and
practices of its existing or prospective employees under the terms of Title VII of the Civil Rights Act of 1964.
An accommodation for religious purposes will be denied should TAC determine that it would have to suffer
undue hardship. During this accommodation evaluation, the following factors will continue to be considered by
TAC:
1.
Business necessity;
2.
Financial costs and expenses; and
3.
Resulting personnel problems.
Progress Toward Goals Report
Contractors and subcontractors must maintain its current affirmative action plan (AAP)
and documentation of good faith efforts, and must preserve its AAP and documentation
of good faith efforts for the immediately preceding AAP year. 41 C.F.R. § 60-1.12 (b).
One of the key components to the effective implementation of an AAP is the
acknowledgement of progress toward the goals established in the utilization analysis of
the preceding year. As such, this is one of the items requested by OFCCP during a routine
compliance evaluation.
To compare progress toward goals, the contractor must measure the employment activity
that has occurred during the plan year. The variable here is opportunities which are
defined by OFCCP as total placements (hires plus promotions) into the job group.
Adverse Impact Analysis
Contractors and subcontractors are required to include personnel activity (applicant flow,
hires, terminations, promotions, and any other personnel actions) to determine whether
there are selection disparities. 41 C.F.R. § 60-2.17 (b) (2).
The Adverse Impact Analysis is a tool to measure the statistical relationship between two
selected groups. The following report identifies whether the rates of those hired,
promoted, or terminated are similar without regard to race or gender.
A world
where we all
can achieve more
while using less
of our common planet.
™
From:
To:
Cc:
Subject:
Date:
Importance:
[email protected]
Deborah Bushnell
[email protected]; [email protected]
RE: TCPN RFP# 12-54 for ESCO
Monday, February 11, 2013 8:16:59 AM
High
Deborah,
Schneider Electric accepts the terms as negotiated in your response and would like to be considered for further evaluation. Please contact
me if you have any questions, and please let us know our approval status as you are able.
Vince Zubicek
Schneider Electric
_______________________________________________________________________________________________________________________
Vince Zubicek | Schneider Electric | Buildings Business | Energy Solutions | Sales Team Leader
Mobile: +1 214 649 8323 | Email: [email protected]
Site: www.schneider-electric.com/buildings | Address: 12121 Wickchester Lane, Suite 400A, Houston, TX 77079, USA
*** Please consider the environment before printing this email.
From: Deborah Bushnell [mailto:[email protected]]
Sent: Thursday, February 07, 2013 2:48 PM
To: Vincent Zubicek
Subject: TCPN RFP# 12-54 for ESCO
Importance: High
Good Afternoon Mr. Zubicek,
In reference to your proposal for the above mentioned Request for Proposal, please see TCPN’s response to Schneider’s proposed
exceptions & deviations in the attached document. Thank you
Deborah Bushnell
Contract Compliance Manager
11280 West Road
Houston, TX 77065
713-554-0460 (Direct)
832-814-9985 (BB)
[email protected]
www.tcpn.org
______________________________________________________________________
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