HomeMy WebLinkAboutStaff Report 4006
City of Palo Alto (ID # 4006)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/19/2013
City of Palo Alto Page 1
Summary Title: Approval of Staples Office Supply Contract
Title: Approval of a Contract with Staples (NJPA 031210-SCC) in an Amount
Not to Exceed $250,000 Per Year (Total $500,000 for a Two-year Term) from
September 2, 2013 to September 2, 2015 for Office Supply Services
From: City Manager
Lead Department: Administrative Services
Recommendation
Staff recommends that Council approve, and authorize:
1) The City Manager or designees to execute the attached contract with Staples (NJPA
031210-SCC) in an amount not to exceed $250,000 per year (total $500,000 for a two-
year term) from September 2, 2013 to September 2, 2015 for office supplies and related
services;
2) The City Manager or designee to renew the contract for an additional three-year term,
for a total of five years, should the cooperative contract with Staples be renewed or
extended with the National Joint Powers Alliance.
Background
The City conducted a competitive solicitation process to establish a new contract for office
supply goods. Staples was the low bidder resulting in an estimated savings to the City of
$50,000 per year over the current contract and average spend levels. A summary of the
solicitation process is included later in the report. Staff is recommending a two-year contract
with Staples with the option to renew for an additional three years.
Discussion
In addition to providing office supplies at a lower cost, Staples will be offering a number of
attractive service features. Using the Staples online ordering system the City will be able to
encourage the purchase of sustainable office products. In key product categories, such as
printer and copier toner and copier paper, the City will be able to restrict purchases to only
City of Palo Alto Page 2
those products that are from sustainable sources. Staples offers next business day delivery,
which will enable the City to reduce and eventually eliminate the storage and delivery of office
supplies at the City warehouse and using City staff and vehicles. Another attractive feature that
is consistent with City efforts to eliminate paper-based manual processes is the Staples online
ordering system. The system will allow the City to phase out use of paper product catalogues
for ordering and will eliminate paper-based billing.
By entering into this agreement with Staples, the City will address many of the
recommendations from the Audit of Contract Oversight and Office Supplies issued by the City
Auditor in 2012. The main recommendations from the audit centered on whether the City was
receiving the required contract discounts under the former office supply contract. With the
Staples contract the City is taking advantage of a joint agreement (Attachment A) with the
National Joint Powers Alliance (NJPA) that offers the most competitive pricing for office
supplies purchased by the City. The City is a member of NJPA (Attachment B). The NJPA is a
Minnesota public agency that serves as a purchasing cooperative for over 50,000 member
agencies.
For the duration of the contact the City will monitor the discounts received on products to
ensure the City is realizing the contract pricing afforded in the joint powers agreement. Under
the previous agreement it was difficult to validate whether the City was receiving the best
pricing.
The solicitation asked for bids on the top 80 percent of office supply products and volume
ordered by the City. Staples was the low bidder as show in the summary below.Summary of
City of Palo Alto Page 3
Solicitation Process
Proposed Length of Project Two years
Number of Proposals emailed Three
Total Days to Respond to Proposal Three Weeks
Pre-Proposal Meeting Date Not Applicable
Number of Company Attendees at Pre-
Proposal Meeting
N/A
Number of Proposals Received: Three
Company Name Location (City, State) Amount
Staples Framingham, MA $150,779
Office Depot Albuquerque, NM $170,752
Office Max Boca Raton, FL. $187,888
Range of Proposal Amounts
Submitted*
$150,779-$187,888
*Pursuant to industry standards for evaluation purposes CPA evaluated 443 line items (out of a
total of 2,575) of Office Supplies that account for 80% of total spend per year for Office Supplies
from the current provider.
Resource Impact
The total estimated annual spending on office supplies across the City is $200,000. This funding
is available in existing departmental budgets.
Attachments:
Attachment A: NJPA Staples Advantage Contract (PDF)
Attachment B - NJPA Membership - City of Palo Alto (PDF)
Page 1 of 47
National Joint Powers Alliance® (herein NJPA)
REQUEST FOR PROPOSAL (herein RFP)
for the procurement of
OFFICE AND CLASSROOM RELATED SUPPLIES AND ACCESSORIES
RFP Opening
March 12, 2010
2:00 p.m. CST
At the offices of the
National Joint Powers Alliance®
200 First Street Northeast, Staples, MN 56479
RFP #031210
The National Joint Powers Alliance® (NJPA) issues this request for proposal (RFP) to provide OFFICE AND
CLASSROOM RELATED SUPPLIES AND ACCESSORIES, to NJPA, and current and potential NJPA Members from
government, education to include Colleges and Universities, and non-profit agencies in all 50 states, and with potential
international distribution. Specifications and details of this RFP are available beginning February 3, 2010 and continuing
until February 24, 2010. Details and Specifications may be obtained by letter of request to Gregg Meierhofer, NJPA, 200
First Street Northeast, Staples, MN 56479, or registering and requesting RFP documents at
www.noticetoproposedders.com, or e-mail at RFP@njpacoop.org. Sealed Proposals will be received until January 15,
2010 at 2:00 p.m. at the above address. NJPA reserves the right to reject any and all Proposals.
The text above is the Public Notice to Proposers to be used by NJPA.
RFP Timeline
February 3, 2010 and
February 10, 2010
February 24, 2010
February 26, 2010 10:00AM CST
March 12, 2010 2:00 p. m. CST
• Publication of RFP in the print and online Minneapolis Star Tribune, the
NJPA website, and on the website of Proposednoticetoproposedders.com
• Deadline for RFP requests
Pre-Proposal Conference (webcast – conference call)
• Deadline for Submission of Proposals, and Public Opening of Proposals
Direct questions regarding this RFP to:
Gregg Meierhofer at gregg.meierhofer@njpacoop.org or (218)894-1930
RFP Procedures offers the methods for submitting questions.
2 of 47
TABLE OF CONTENTS
1. INTRODUCTION
A. About NJPA
B. Joint Exercise of Powers Laws
C. Why Propose a National Cooperative
Procurement Contract
D. The Intent of this RFP
E. Scope of this RFP
F. Expectations for Products/Services
being Proposed
G. Certification – Firm offer to contract
2. DEFINITIONS
A. Proposer – Vendor
B. Contract
C. Time
D. Proposer’s Response
E. Currency
3. INSTRUCTIONS TO PREPARING YOUR
PROPOSAL
A. Pre-Proposal Conference
B. Identification of key personnel
C. Proposer’s exceptions to terms and
conditions
D. Formal instructions to Proposers
E. Contents and tabbing of Proposal
Submission
F. Questions and answers about this RFP
G. Modification or withdrawal of a
submitted Proposal
H. Value added attributes,
products/services
I. Bid Security
J. Certificate of Insurance
K. Order Process and/or Funds Flow
L. Administrative Fees
4. PRICING STRATEGIES
A. Line-Item Pricing
B. Percentage discount from catalog or
category
C. Core List Pricing
D. Hot List Pricing
E. Ceiling Price
F. Volume Price Discounts
G. Sourced Goods
H. Total Cost of Acquisition
I. Requesting Product and Service
additions/deletions
J. Requesting Pricing Changes
K. Pricing and Products Changes Format
L. Single Statement of Pricing – Historical
Record of Pricing
M. Payment Terms
N. Sales Tax
O. Shipping and Shipping Program
P. Normal Working Hours
5. MARKETING PLAN
6. PROPOSAL OPENING PROCEDURE
7. EVALUATION OF PROPOSALS
A. Proposal evaluation process
B. Proposer Responsiveness
C. Proposal evaluation criteria
D. Cost Scoring Evaluation
E. Product Testing
F. Past performance information
G. Waiver of formalities
8. POST AWARD OPERATING ISSUES
A. Subsequent Agreements
B. NJPA Member sign-up procedure
C. Reporting of sale activity
D. Audits
E. Hub Partner
F. Trade-Ins
G. Out of Stock Notification
H. Termination of a Contract resulting from
this RFP
9. GENERAL TERMS AND CONDITIONS
A. Advertisement of RFP
B. Advertising a Contract Resulting From
this RFP
C. Applicable law
D. Assignment of Contract
E. Proposers List
F. Captions, Headings, and Illustrations
G. Confidential Information
H. Data Privacy
I. Entire Agreement
J. Force Majeure
K. Gratuities
L. Hazardous Substances
M. Legal Remedies
N. Licenses
O. Material Suppliers and Sub-Contractors
P. Non-Wavier of Rights
Q. Protests of Awards Made
R. Provisions Required by Law
S. Public Record
T. Right to Assurance
U. Suspension or Disbarment Status
V. Human Rights Certificate
W. Severability
X. Relationship of Parties
3 of 47
1. INTRODUCTION
A. ABOUT NJPA
1.1 The National Joint Powers Alliance®- (NJPA)- is a public agency serving as a national municipal
contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute
§123A.21 with the authority to develop and offer, among other services, cooperative procurement
services to its membership. Eligible membership includes cities, counties, governmental agencies, both
public and non-public educational agencies, colleges, universities and non-profit organizations. This
Minnesota Statute also allows for service to NJPA Member agencies in Minnesota and all other states.
1.2 To this end, NJPA has established a series of procurement contracts with various Vendors of
products/services which NJPA Members desire to procure. These procurement contracts are created in
compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA
cooperative procurement contracts can be found at www.njpacoop.org.
1.3 NJPA’s publicly elected Board of Directors calls for all proposals, awards all Contracts, and hosts
those resulting Contracts and offers them for the benefit of its Membership.
1.4 NJPA currently serves over 30,000 member agencies. Both membership and utilization of NJPA
Contracts continues to expand at exponential rates. The value of our Contracts driven to our Members is
reflected in our growth.
B. JOINT EXERCISE OF POWERS LAWS
1.5 NJPA cooperatively shares those contracts with its Members nationwide through various “Joint
Exercise of Powers Laws” established in Minnesota and most other States. The Minnesota “Joint Exercise
of Powers Law” is Minnesota Statute §471.59 which states “Two or more governmental units…may
jointly or cooperatively exercise any power common to the contracting parties…” Similar Joint Exercise
of Powers Laws for each State of the United States can be found on our website at
http://www.njpacoop.org/LEARN/About/Legal.html and clicking on that state at the bottom of the web-
page.
C. WHY PROPOSE A NATIONAL COOPERATIVE PROCUREMENT CONTRACT
1.6 National Cooperative Procurement Contracts create value for both Municipal buyers and their
Vendors of products/services in two ways:
1.6.1 We save the time and effort of many municipal buyers bringing individual procurement
proposals AND the time and effort of the Vendors in responding individually to those
invitations. A single invitation for a cooperatively held contract can replace potentially
thousands of invitations for the same items from individual NJPA Members.
1.6.2 We earn volume purchasing discounts which are passed on to our Members. A single
awarded Proposal is likewise exposed to thousands of potential Municipal purchasing units
nationwide creating efficiency and savings to the business community as they sell products and
services to government and education agencies.
1.7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that lower
prices, better overall value and time savings will be the result.
1.8 The collective purchasing power of thousands of NJPA Members nationwide offers the opportunity
for volume pricing discounts. Although no volume is guaranteed by a Contract resulting from this RFP,
substantial volume is anticipated and volume pricing is requested and justified.
4 of 47
1.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive
price. Pre-competed procurement contracts offer NJPA and its Members the ability to more directly
compare non-price factors in their procurement analysis and it offers Vendors the opportunity to display
those attributes without the timing and interpretation constraints of a typical individual proposal process.
D. THE INTENT OF THIS RFP
1.10 The intent of this RFP is to award an Exclusive Single Award Contract to a qualifying manufacturer
or distributor Proposer demonstrating a solution which meets and/or exceeds the requirements of NJPA
and its Members within the scope of OFFICE AND CLASSROOM RELATED SUPPLIES AND
ACCESSORIES. Qualifying Proposers must be able to demonstrate the knowledge of any and all
applicable industry standards, laws and regulations; and the ability to both market to and service NJPA
Members in all 50 states, All proposals received will be evaluated based on (among several other factors)
their ability to provide the greatest utility to NJPA and NJPA Members and across the widest spectrum of
products and services.
1.11A response to this RFP can be in the form of a Line-Item Pricing and/or Percentage Discount from
Catalog or Category Pricing purchasing contract. NJPA desires a relationship with a vendor providing a
broad array of equipment, products, supplies, accessories and services anticipated and generally requested
and desired by NJPA members from the OFFICE AND CLASSROOM RELATED SUPPLIES AND
ACCESSORIES industry. Those products and services must include those most commonly used and
desired by NJPA and its Members. NJPA is seeking a Prime and Exclusive Vendor relationship to best
serve the overall needs of NJPA and NJPA Members nationally.
1.12 Non-Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to
a non-manufacturer such as a mass distributor if such action is in the best interests of NJPA and its
Members.
1.13 Multiple Awards: Although it is NJPA’s intent to award a contract to a single Vendor, NJPA
reserves the right to award a Contract to multiple Proposers where the responding Proposers are deemed
to lack the ability to appropriately service a national contract or such action is deemed to be in the best
interests of NJPA and its Members
1.14 Award by Board of Directors: An Award of Contract may be made by the NJPA Board of
Directors based on the recommendation of the NJPA Proposal Review Committee and on the best
interests of NJPA and its Members. NJPA is seeking a Prime, Exclusive Vendor relationship(s) to meet
this need. The goal and intent of this RFP is to follow through with a proposal award and contract to be
marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA to its
participating members.
1.15 Best Responsive – Responsible Proposer: It is the intent of NJPA to award a Contract to the best
responsible and responsive Proposer(s) offering the best overall quality and selection of products/services
and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided
the Proposer’s Response has been submitted in accordance with the requirements of this RFP.
1.16 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with
accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting
Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in
writing to be the most advantageous to NJPA and its current or qualifying future NJPA Members.
1.17 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the
understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members
reserve the right to obtain like goods and services solely from this Contract or from another contract
source of their choice.
5 of 47
1.18 NJPA’s Interest in a contract resulting from this RFP: Not withstanding its own use, to the
extent NJPA issues this RFP and any resulting contract for the use of its Members, NJPA’s interests and
liability for said use shall be limited to the competitive proposal process performed and terms and
conditions relating to said contract and shall not extend to the products, services, or warranties of the
Awarded Vendor or the intended or unintended effects of the goods and services procured there from.
1.19 Sole Source of responsibility- NJPA desires a “Sole Source of Responsibility” Vendor meaning the
Vendor will take sole responsibility for the performance of delivered products/services. NJPA also desires
sole responsibility with regard to:
1.19.1 Scope of Products/Services: NJPA desires a single provider for the broadest possible
scope of the goods and services being proposed over the largest possible geographic area and to
the largest possible cross-section of NJPA Members.
1.19.2 Vendor use of sub-contractors in sourcing or delivering goods and services: NJPA
desires a single source of responsibility for products/services proposed. Proposer’s are assumed to
have sub-contractor relationships with all organizations and individuals whom are external to the
Proposer and are involved in providing or delivering the goods and services being proposed.
Vendor assumes all responsibility for the products/services and actions of any such Sub-
Contractor.
E. SCOPE OF THIS RFP
1.20 Solutions Based Invitation:
1.20.1 All potential Proposers are assumed to be professionals in their respective fields. As
professionals you are deemed to be intimately familiar with the spectrum of NJPA and NJPA
Member’s needs and requirements with respect to the scope of this RFP.
1.20.2 With this intimate knowledge of NJPA and NJPA Member’s needs, Proposers are
instructed to provide their proposal response in a format describing their solutions to those current
and future needs and requirements. Proposers should take care to be economical in their response
to this RFP.
1.20.3 Multiple solutions to the needs of NJPA and NJPA Member’s are possible. Examples
could include:
1.20.3.1 Materials Only Solution: A Materials Only Solution may be appropriate for
situations where NJPA or NJPA Members possess the ability, either in-house or through
local third party contractors, to properly install and bring to operation those materials
being proposed.
1.20.3.2 Turn-Key Solutions: A Turn-Key Solution is combination of materials and
services which provides a single price for materials, delivery, and installation to a
properly operating status. Generally this is the most desirable solution as NJPA and
NJPA Members may not possess, or desire to engage, personnel with the necessary
expertise to complete these tasks internally or through other independent contractors
1.20.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers are
invited to offer the CHOICE of good – better – best multiple grade solutions to NJPA and
NJPA Member’s needs.
1.20.3.4 Proven – Accepted – Leading Edge Technology: Where appropriate and
properly identified, Proposers are invited to provide the CHOICE of an appropriately
6 of 47
identified spectrum of technology solutions to NJPA and NJPA Member’s needs both
now and into the future.
1.21 Geographic Area to be Proposed: This RFP invites proposals to provide OFFICE AND
CLASSROOM RELATED SUPPLIES AND ACCESSORIES to NJPA and NJPA Members
throughout the entire United States and possibly internationally. Proposers will be expected to express
willingness to explore service to NJPA Members located abroad; however the lack of ability to serve
Members outside of the United States will not be cause for non-award. The ability to serve Canada, for
instance, will be viewed as a value-added attribute.
1.22 Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the
response received will be evaluated on the basis of a response made in conjunction with that
Manufacturer’s Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor
Proposer is assumed to have a documented relationship with their Dealer Network where that Dealer
Network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from
this RFP on behalf of the Manufacturer or wholesale distributor Proposer. Any such dealer will be
considered a sub-contractor of the Proposer/Vendor. The relationship between the Manufacturer and
wholesale distributor Proposer and its Dealer Network may be proposed at the time of the proposed
submission if that fact is properly identified.
1.23 Dealer/Re-seller as a Proposer: If the Proposer is a dealer or re-seller of the products and/or
services being proposed, the response will be evaluated based on the Proposer’s authorization to provide
those products and services from their manufacturer. Where appropriate, Proposers must document their
authority to offer those products and/or services.
1.24 Contract Term: A contract resulting from this RFP will become effective the date of execution by
NJPA of the “Offering and Award” (Form D). NJPA is seeking a Contract base term of four years subject
to annual renewals as allowed by Minnesota Contracting Law. Full term is expected, however will only
occur through successful annual renewals. One additional one-year renewal-extension may be offered by
NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests
of NJPA and its Members.
1.25 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and
subsequent award; however no commitment of any kind is made concerning actual quantities to be
acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members
and the value of the awarded contract.
1.26 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage
by NJPA and NJPA Members.
1.27 Largest Possible Solution: If applicable, Contracts will be awarded to Proposer(s) able to deliver a
proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers
Proposers submit their complete product line of products and services described in the scope of this RFP.
NJPA reserves the right to reject individual, or groupings of specific products/services proposals as a part
of the award.
1.28 Contract Availability: This Contract must be available to all current and potential NJPA Members
who choose to utilize this NJPA Contract to include all governmental agencies, public and private
primary and secondary education agencies, and all non-profit organizations nationally.
1.29 Proposer’s Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal
thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days
after the date proposals were opened regarding this RFP.
7 of 47
F. EXPECTATIONS FOR PRODUCTS/SERVICES BEING PROPOSED
1.30 Industry Standards: Except as contained herein, the specifications or solutions for this RFP
shall be those accepted guidelines set forth by the OFFICE AND CLASSROOM RELATED
SUPPLIES AND ACCESSORIES industry, as they are generally understood and accepted within that
industry across the nation. Submitted products/services, related services, and their warranties and
assurances are required to meet and/or exceed all current, traditional and anticipated needs and
requirements of NJPA and its Members.
1.30.1 Deviations from industry standards must be identified by the Proposer and
explained how, in their opinion, the products/services they propose will render equivalent
functionality, coverage, performance, and/or service. Failure to detail all such deviations may
comprise sufficient grounds for rejection of the entire proposal.
1.31 Important note: NJPA does not typically offer specific product and service specifications; rather
NJPA is requesting an industry standard or accepted specification for the requested products and services.
Where specific line items are specified, those line items should be considered the minimum which can be
expanded by the Proposer to deliver the Proposer’s “Solution” to NJPA and NJPA Member’s needs.
1.32 Commonly used Goods and Services: It is important that the products/services submitted are the
products/services commonly used by public sector entities.
1.33 New Current Model Goods: Proposals submitted shall be for new, current model products
and services with the exception of certain close-out products allowed to be offered on the
Proposer’s “Hot List” described herein.
1.34 Compliance with laws and standards: All items supplied on this Contract shall comply with any
current applicable safety or regulatory standards or codes.
1.35 Delivered and operational; Products offered herein are to be proposed based upon being delivered
and operational at the NJPA Member’s site. Exceptions to “delivered and operational” must be explicitly
disclosed in your proposal response.
1.36 Warranty: The Proposer/Vendor warrants that all products, equipment, supplies, and services
delivered under this Contract shall be covered by the industry standard or better warranty. All products
and equipment should carry a minimum industry standard manufacturer’s warranty that includes materials
and labor. The Proposer has the primary responsibility to submit, as a part of Tab 9, product specific
warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser
in reaching a solution in a dispute over warranty’s terms with the manufacturer. Any manufacturer’s
warranty which is effective past the expiration of the warranty will be passed on to the NJPA member.
Failure to submit a minimum warranty may result in the non-award.
1.37 Proposer’s Warrants: The Proposer warrants all goods and services furnished hereunder will be
free from liens and encumbrances; and defects in design, materials, and workmanship; and will conform
in all respects to the terms of this RFP including any specifications or standards. In addition,
Proposer/Vendor warrants the goods and services are suitable for and will perform in accordance with the
purposes for which they were intended.
G. CERTIFICATION – FIRM OFFER TO CONTRACT
1.38 By execution and delivery of a proposal, Proposer certifies:
1. The submission of the offer did not involve collusion or any other anti- competitive practices;
2. The Proposer/Vendor shall not discriminate against any employee or applicant for employment
in violation of Federal and State Laws (see Federal Executive Order 11246);
3. The Proposer has not given, offered to give, nor intends to give at any time hereafter any
8 of 47
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or
service to a public servant in connection with the submitted offer (see Gratuities); and,
4. The Proposer agrees to promote and offer to Members only those products/services and/or
services as previously stated, allowed, and deemed a resultant of the contract(s) as NJPA
contract items or services. This clause shall include any future product or service additions as
allowed through Contract additions.
1.39 A response to this RFP is a firm offer to Contract with the NJPA based upon the goals, intent, terms,
and conditions and scope of products/services contained in and referenced to in this invitation.
1.40 All stated terms and conditions, expectations to include the goals, intent and scope of this RFP as
described as a part of this RFP, are to be considered binding under the signatures of authorized parties and
are part of the Contract.
2. DEFINITIONS
A. PROPOSER - VENDOR
2.1 Exclusive Vendor- A sole Vendor awarded in a product category. NJPA reserves the right to award
to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members. Such a
Proposer must exhibit the ability to offer an outstanding overall program and demonstrate the ability and
willingness to serve NJPA Members in all 50 states, and comply with all other requirements of this RFP.
2.2 Potential Proposer- A person or entity requesting a copy of this RFP.
2.3 Proposer- A company, person, or entity delivering a timely response to this RFP.
2.4 Vendor- One of a number of Proposers whose proposal has been awarded a contract pursuant to this
RFP.
2.5 Request for Proposal- Herein referred to as RFP
B. CONTRACT
2.6 “Contract” as used herein shall mean cumulative documentation consisting of this RFP, an entire
Proposer’s response, and a fully executed “Acceptance and Award.”
C. TIME
2.7 Periods of time, stated as number of days, shall be in calendar days.
D. PROPOSER’S RESPONSE
2.8 A Proposer’s Response is the entire collection of documents as they are received by NJPA from a
Potential Proposer in response to this RFP.
E. CURRENCY
2.9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in
U.S. dollars.
9 of 47
3. INSTRUCTIONS TO PREPARING YOUR PROPOSAL
A. PRE-PROPOSAL CONFERENCE
3.1 A non-mandatory pre-proposal conference will be held at the date and time specified in the time line
on page one of this RFP. Conference call and web connection information will be sent to all Potential
Proposers through the same means employed in their inquiry. The purpose of this conference call is to
allow Potential Proposers to ask questions regarding this RFP. Only answers issued in writing by NJPA
to questions asked before or during the Pre-proposal Conference shall be considered binding.
B. IDENTIFICATION OF KEY PERSONNEL
3.2 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA.
This contact person will correspond with members for technical assistance, questions or problems that
may arise including instructions regarding different contacts for different geographical areas as needed.
3.3 Individuals should also be identified (if applicable) as the primary contacts for the contents of this
proposal, marketing, sales, and any other area deemed essential by the Proposer.
C. PROPOSER’S EXCEPTIONS TO TERMS AND CONDITIONS
3.4 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions
contained herein must be documented on Form C.
3.5 Exceptions, Deviations or contingencies stipulated in Proposer’s Response, while possibly necessary
in the view of the Proposer, may result in disqualification of a Proposal Response.
D. FORMAL INSTRUCTIONS TO PROPOSERS
3.6 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any
item or requirement that may not be clear and to check all responses for accuracy before submitting a
Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for
submission of proposals.
3.7 All proposals must be sent to “The National Joint Powers Alliance®, 200 1st ST NE Staples, MN
56479.”
3.8 All proposals must be submitted in both hard copy and electronic formats (on a compact disc (CD)).
Both hard copy and electronic proposals must be tabbed (in appropriately named files in the case of the
CD) as identified herein. Electronic proposal submissions should be submitted in a nested file structure
where the root file is entitled “Proposal Response”. Files contained in the root file should be entitled “Tab
1, Tab 2,” Documents within the nested files should be individual documents or folders appropriately
titled as to their content.
3.9 Two complete copies of each proposal must be submitted with the exception of a single original bid
security submitted in one response copy with a copy of the bid security in the second response copy. All
Proposal forms must be legible. All appropriate forms must be executed by an authorized signatory of the
Proposer. Blue ink is preferred for signatures.
3.10 Electronic proposal submissions should be submitted using the electronic forms provided. If a
Proposer chooses to use alternative documents for their response, the proposer will be responsible for
ensuring the content is effectively equal to the NJPA form and the document is in a format readable by
NJPA.
3.11 Product descriptions, fact sheets, and catalogs should be submitted in electronic format only in an
10 of 47
effort to limit the use of paper resources in the hard copy response. Price lists in excess of 20 pages
should be submitted in electronic format only.
3.12 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical
possession of NJPA on or prior to the deadline for submission of proposals. Proposals must be submitted
in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal
number, proposal category name, the message “Hold for Proposal Opening”, and the deadline for
proposal submission. NJPA cannot be responsible for late receipt of proposals. Proposals received by the
correct deadline for proposal submission will be opened and the name of each Proposer and other
appropriate information will be publicly read.
3.13 Corrections, erasures, and interlineations on a Proposer’s Response must be initialed by the
authorized signer in original ink on all copies to be considered.
3.14 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this
RFP.
3.14.1 Proposer’s are responsible for checking directly with NJPA, or checking the NJPA website
for addendums to this RFP.
3.14.2 Addendums to this RFP can change terms and conditions of the RFP including the
deadline for submission of proposals.
E. CONTENTS AND TABBING OF PROPOSAL SUBMISSION
3.15 In order to insure every proposal receives a fair evaluation and comparison, it is required each
Proposer tab and label their proposal as indicated on Form A “Proposer Questionnaire.”
F. QUESTIONS AND ANSWERS ABOUT THIS RFP
3.16 Upon examination of this RFP document, Proposer shall promptly notify the Manager of Bids and
Contracts of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections and
changes to this RFP must be made by addendum. Interpretations, corrections, or changes made in any
other manner will not be binding and Proposer shall not rely upon such.
3.17 Submit all questions about this RFP, in writing, referencing “OFFICE AND CLASSROOM
RELATED SUPPLIES AND ACCESSORIES to Gregg Meierhofer, NJPA, 200 First Street NE,
Staples, MN 56479 or RFP@njpacoop.org. Those not having access to the Internet may call Gregg
Meierhofer at (218) 894-1930 to determine if addenda have been issued or to request copies of the RFP.
Requests for additional information or interpretation of instructions to Proposers or technical
specifications shall also be addressed to Gregg Meierhofer. NJPA urges Potential Proposers to
communicate all concerns well in advance of the deadline to avoid misunderstandings. Questions
received less than seven (7) days ending at 4:00 p.m. Central Time of the seventh (7th) calendar day prior
to proposal due-date cannot be answered.
3.18 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers
or the RFP itself, the answer to the question will become an addendum to this RFP.
3.19 If the answer to a question is deemed by NJPA to be a clarification of existing terms and conditions
and does not have a material impact on other potential proposers or the RFP itself, no further
documentation of that question is required.
3.20 As used in this solicitation, clarification means communication with a Potential Proposer for the sole
purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the RFP.
3.21 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda
issued by NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers
11 of 47
using the same method of delivery of the original RFP material. NJPA accepts no liability in connection
with the delivery of said materials. Copies of addenda will also be made available on the NJPA website
at www.njpacoop.org by clicking on “Current Proposals” and from the NJPA offices. No addenda will be
issued later than five (5) days prior to the deadline for receipt of proposals, except an addendum
withdrawing the request for proposals or one that includes postponement of the date of receipt of
proposals. Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all
addenda issued, and the Proposer shall acknowledge their receipt in its Proposal Response.
3.22 An amendment to a submitted proposal must be in writing and delivered to NJPA no later than the
time specified for opening of all proposals.
G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL
3.23 A submitted proposal may not be modified, withdrawn from or cancelled by the Proposer for a
period of ninety (90) days following the date proposals were opened regarding this RFP. Prior to the
deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice
to the NJPA Manager of Bids and Contracts. Such notice shall be submitted in writing and include the
signature of the Proposer and shall be delivered to NJPA prior to the deadline for submission of
proposals and it shall be so worded as not to reveal the content of the original proposal. However, the
original proposal shall not be physically returned to the Potential Proposer until after the official
proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of
the proposals if they are then fully in conformance with the Instructions to Proposer.
H. VALUE ADDED ATTRIBUTES, PRODUCTS/SERVICES
3.24 Examples of Value Added Attributes: Value-Added attributes, products and services are items
offered in addition to the products and services being proposed which adds value to those items being
proposed. The availability of a contract for maintenance or service after the initial sale, installation, and
set-up may, for instance, be “Value Added Services” for products where a typical buyer may not have the
ability to perform these functions.
3.25 Where to document Value Added Attributes: The opportunity to indicate value added dimensions
and such advancements will be available in the Proposer’s Questionnaire and Proposer’s product and
service submittal and must be tabbed under Tab 9.
3.26 Value added products/services and expanded services, as they relate to this RFP, will be given
positive consideration in the award selection. Consideration will be given to an expanded selection of
OFFICE AND CLASSROOM RELATED SUPPLIES AND ACCESSORIES, and advances to provide
products/services, supplies meeting and/or exceeding today’s industry standards and expectations. A
value add would include a program or service that further serves the members needs above and possibly
beyond standard expectation and complements the products/services and training. Value added could
include areas of product and service, sales, ordering, delivery, performance, maintenance, technology, and
service that furthers the functionality and effectiveness of the procurement process while remaining
within the scope of this RFP.
3.27 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the
policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the
purchase of goods and services. Vendors should document WMBE status for their organization AND any
such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The
ability of a Proposer to provide “Credits” to NJPA and NJPA Members in these subject areas, either
individually or through related entities involved in the transaction, will be evaluated positively by NJPA.
NJPA is committed to facilitating the realization of such “Credits” through certain structuring techniques
for transactions resulting from this RFP.
3.28 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA
Members to consider the environmental impact of the products/services they purchase. Please identify
12 of 47
any “Green” characteristics of the goods and services in your proposal and identify the sanctioning body
determining that characteristic. Where appropriate, please indicate which products have been certified as
“green” and by which certifying agency.
3.29 On-Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed
as a value-added characteristic. Proposer shall include documentation about user interfaces that make on-
line ordering easy for NJPA Members as well as the ability to punch-out from mainstream eProcurement
or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize.
3.30 Financing: The ability of the Proposer to provide financing options for the products and services
being proposed will be viewed as a Value Added Attribute.
I. BID SECURITY
3.31 A bid security in the amount of $10,000, in the form of a bid security or a cashier’s check payable to
NJPA, will be required of all Proposers to insure the Proposer’s performance in completing the
“Contract” contemplated herein. The bid security (or cashier’s check) will be released to the Proposer
following the execution of all documents required to complete the proposed “Contract” or the end of the
required 90 day commitment period, whichever comes first. Bid securities must be issued by an Admitted
Surety rated A or better (an insurance organization authorized by the Insurance Commissioners in all 50
states to transact surety insurance during this calendar year).
ACCEPTABLE BID SECURITY MUST BE PROVIDED WITH THE PROPOSAL
SUBMITTAL.
INDUSTRY STANDARD DOCUMENTS ARE ACCEPTABLE.
THE BID SECURITY SHALL IDENTIFY NJPA AS THE OBLIGEE/PAYEE.
THE BID SECURITY SHALL HAVE THE PROPOSER IDENTIFIED AS THE
OBLIGOR/PAYOR.
3.32 THE PURPOSE OF THE NJPA SOLICITATION BID SECURITY IS TO ENSURE THAT
THE AWARDED PROPOSER FOLLOWS THROUGH IN THE DEVELOPMENT AND EXECUTION
OF THEIR MARKETING PLAN. NJPA RESERVES THE RIGHT TO ACTIVATE THE CASH
VALUE OF THE BID SECURITY OR CASHIERS CHECK IN THE EVENT THE AWARDED
PROPOSER FAILS TO INITIATE AND EMBRACE SAID MARKETING PLAN TO THE
SATISFACTION OF NJPA.
J. CERTIFICATE OF INSURANCE
3.33 Proposer shall procure and maintain insurance which shall protect the Proposer and NJPA (as an
additional insured) from any claims for bodily injury, property damage, or personal injury covered by the
indemnification obligations set forth herein. The Proposer shall procure and maintain the insurance
policies described below at the Proposer’s own expense and shall furnish to NJPA an insurance certificate
listing the NJPA as certificate holder and as an additional insured. The insurance certificate must
document that the Commercial General Liability insurance coverage purchased by the Proposer includes
contractual liability coverage applicable to this Contract. In addition, the insurance certificate must
provide the following information: the name and address of the insured; name, address, telephone number
and signature of the authorized agent; name of the insurance company (authorized to operate in all fifty
United States); a description of coverage in detailed standard terminology (including policy period, policy
number, limits of liability, exclusions and endorsements); and an acknowledgment of notice of
cancellation to the NJPA.
3.34 Proposer is required to maintain the following insurance coverage’s during the term of the NJPA
Contract:
(1) Workers Compensation Insurance (Occurrence) with the following minimum coverage’s: Bodily
injury by accident--per employee $100,000; Bodily injury by disease--per employee $100,000; Policy
13 of 47
limits $500,000. In addition, Proposer shall require all subcontractors occupying the premises or
performing work under the contract to obtain an insurance certificate showing proof of Workers
Compensation Coverage with the following minimum coverage’s: Bodily injury by accident--per
employee $100,000; Bodily injury by disease--per employee $100,000; Policy limits $500,000.
(2) Commercial General Liability Policy per occurrence $1,000,000.
(3) Business Auto Policy to include but not be limited to liability coverage on any owned, non-
owned and hired vehicle used by Proposer or Proposer’s personnel in the performance of this
Contract. The Business Automobile Policy shall have a per occurrence limit of $1,000,000.
3.35 The foregoing policies shall contain a provision that coverage afforded under the policies will not be
canceled, or not renewed or allowed to lapse for any reason until at least thirty (30) days prior written
notice has been given to NJPA. Certificates of Insurance showing such coverage to be in force shall be
filed with NJPA prior to commencement of any work under the contract. The foregoing policies shall be
obtained from insurance companies licensed to do business nationally and shall be with companies
acceptable to NJPA, which must have a minimum AM Best rating of A-. All such coverage shall remain
in full force and effect during the term and any renewal or extension thereof.
3.36 Within ten (10) days of contract award, the Proposer must provide NJPA with two (2) Certificates of
Insurance. Certificates must reference NJPA RFP 031210 by number.
K. ORDER PROCESS AND/OR FUNDS FLOW
3.37 Please propose an order process and funds flow in Tab 9 for your proposal. Please choose from one
of the following:
3.37.1 B-TO-G: The Business-to-Government order process and/or funds flow model involves
NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting
from this RFP.
3.37.3 Other: Please fully identify.
l. ADMINISTRATIVE FEES
3.38 Proposer agrees to authorize and/or allow for an administrative fee payable to NJPA by an Awarded
Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and
potential NJPA Members. This Administration Fee shall be:
3.38.1 Calculated as a percentage of the dollar volume of all products/services provided to and
purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the
contracted transaction, and
3.38.2 Included in, and not added to, the pricing included in Proposer’s Response to this RFP, and
3.38.3 Set based on the anticipated costs of NJPA’s involvement in facilitating the establishment,
Vendor training, and the order/product/funds flow of the Contract resulting from this RFP.
3.38.3.1 Typical administrative fees for a B-TO-G order process and funds flow is 2.0%.
3.39 The opportunity to propose these factors and an appropriate administrative fee is available in the
Proposer’s Questionnaire, and submitted in Tab 9 of your response.
4. PRICING STRATEGIES
4.1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of
products/services and at prices lower and better value than what they would ordinarily offer to single
government agency, larger school district, or regional cooperative.
4.2 RFP is an “Indefinite Quantity Product/Service Price Request” with potential national sales
14 of 47
distribution and service. Proposers are agreeing to fulfill Contract obligations regarding each
product/service to which you provide a description and a price. If Proposer’s solution requires additional
supporting documentation, describe where it can be found in your submission. If Proposer offers the
solution in an alternative fashion, describe your solution to be easily understood. All pricing must be
tabbed and organized under Tab 9, and copied on a CD along with other requested information as a part
of a Proposer’s Response.
4.3 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with
any purchase option of the products/services and being supplied must always be disclosed at the time of
purchase.
4.4 Primary Pricing/Secondary Pricing Strategies- All Proposers will be required to submit “Primary
Pricing” in the form of either “Line-Item Pricing,” “Percentage Discount from Catalog Pricing,” or a
combination of these two pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing
strategies including “Hot List,” “Sourced Goods,” and “Volume Discounts,” as well as financing options
such as leasing.
A. LINE-ITEM PRICING
4.5 Line-Item pricing- A pricing format where specific individual products and/or services are offered at
specific individual Contract prices. Products and/or services are individually priced and described by
characteristics such as manufacture name, stock or part number, size, or functionality. This method of
pricing offers the least amount of confusion as products and prices are individually identified, however
Proposers with a large number of products to propose may find this method cumbersome. In these
situations, a percentage discount from catalog or category pricing model may make more sense.
4.6 Unit Pricing: Unit Pricing is a line-item technique of pricing for services including the related
materials for those services on a unitized basis. The unitized basis may be per quantitative measure such
as per square foot, per lineal foot or per occurrence. As an example (not necessarily related to the scope
of this RFP) , sheetrock may be line item priced as a product only, delivered to the end users location,
AND unit priced delivered and installed at that end users location. The sheetrock, hung and taped, is a
logical combination of product and service and could be priced per square foot. Whether pricing services,
or logical combinations of products and services, pricing per unit of product and services must be quoted
(i.e. cost per square foot of sheetrock hung and taped).
4.7 All Line-Item Pricing items must be numbered, organized, sectioned, including SKU’s (when
applicable) and easily understood by the Proposal Review Committee and members.
4.8 Line-Item Pricing items are to be submitted in an Excel spreadsheet format and are to include all
appropriate identification information necessary to discern the line item from other line items in each
Proposer’s proposal.
4.9 The purpose for the excel spreadsheet format for Line-Item Pricing is to be able to use the “Find”
function to quickly find any particular item of interest. For that reason, Proposers are responsible for
providing the appropriate product and service identification information along with the pricing
information which is typically found on an invoice or price quote for such products and services.
4.10 All products and services typically appearing on an invoice or price quote must be individually
priced and identified on the line-item price sheet, including any and all ancillary costs.
4.11 Proposers are asked to provide both a “List” price as well as a “Proposed Contract Price” in their
pricing matrix. “List” price will be the standard “quantity of one” price currently available to government
and educational customers excluding cooperative and volume discounts
15 of 47
B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY
4.12 Percent Discount From Catalog, list or Category Pricing- A specific percentage discount from a
“Base or List Price” defined as a published manufacturers list, or catalog price for the products or services
being proposed. The “Base or List Price” is the price charged to an average government/education
buyer absent reductions for cooperative or volume purchasing agreements.
4.13 Individualized percentage discounts can be applied individually to any number of defined product
groupings. Product groupings can be defined by manufacturer, product type, or other factor as long as
the Proposer sufficiently defines those product groupings
4.14 A Percentage Discount from Catalog or Category Pricing offered by the Proposer is acceptable if
the products and equipment are far too numerous to name and price individually.
4.15 A Percentage Discount from Catalog or Category Pricing identifies a percentage discount to be
applied to a “Base Price” for products from one or more published catalogs. The “Base Price” will be the
price generally applicable to government and education customers absent the discounts contemplated
herein. The catalog may be published by the Proposer or by the Proposer’s supplier. “Published” means
generally available to a dealer network distributing those products and services being proposed in either
print or electronic formats where an “Auditor” may verify the “Base Price” of a product proposed during
the term of a Contract.
4.16 When a Proposer elects to use “Percentage Discount from Catalog or Category,” Proposer will be
responsible for providing and maintaining current “Base or List Pricing” with NJPA both in their proposal
and throughout the term of any Contract resulting from this RFP.
4.17 New “Base or List Price” Catalogs may be submitted for review throughout the term of the Contract.
NJPA reserves the right to review subsequent catalogs submitted to determine if the represented products
reflect the contracted products and equipment. Each new catalog received may have the effect of adding
new product offerings and deleting products no longer carried by the Vendor. New catalogs shall apply to
the Contract only upon approval of the NJPA. Non-approved use of catalogs will result in termination for
convenience. New price lists or catalogs found to be offering non-contract items during the Contract
would be grounds for terminating the Contract for convenience. New optional accessories for equipment
may be added to the Contract at the time they become available.
C. CORE LIST PRICING
4.18 Based on NJPA Members needs, a “CORE LIST” which contains a selection of most commonly
used products/services is requested. Proposer must submit their anticipated “CORE LIST’, including
SKU’s and pricing in a Line-Item format, in a separate spreadsheet labeled as “Core List.” Consideration
and valuation points will be given to the most advanced selection of commonly purchased Core list
products/services.
D. HOT LIST PRICING
4.19 Where applicable, NJPA also invites the Vendor, at their option, to offer a specific selection of
products/services, defined as a Hot List Pricing, at greater discounts than those listed in the standard
Contract pricing. All product/service pricing, including the Hot List Pricing, must be submitted in hard
copy as well as electronically provided in Excel format. Hot List pricing must be submitted in a Line-
Item format. Providing a “Hot List” of products/services is optional. Products/services may be added or
removed from the “Hot List” at any time provided that current “Hot List” prices are provided to NJPA at
all times.
4.20 Hot List pricing when applicable may also be used to discount and liquidate close-out and
discontinued products/services as long as those close-out and discontinued items are clearly labeled as
16 of 47
such. Current ordering process and administrative fees apply. This option must be published and made
available to all NJPA Members.
4.21 Hot List Pricing is allowed to change at the discretion of the Vendor within the definition of Hot List
Pricing. The Vendor is responsible to maintain current Hot List product/service descriptions and Pricing
with NJPA.
E. CEILING PRICE
4.22 Proposal pricing is to be established as a ceiling price. At no time may the proposed
products/services be offered pursuant to this Contract at prices above this ceiling price without approval
by NJPA. Prices may be reduced to allow for volume considerations and to meet the specific and unique
needs of an NJPA Member.
4.23 Allowable specific needs may include certain purchase volume considerations or the creation of
custom programs based on the individual needs of NJPA Members.
F. VOLUME PRICE DISCOUNTS
4.24 Proposers are free to offer volume discounts from the quantity-of-one pricing documented in a
Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and
individual NJPA Members on a case-by-case basis.
4.25 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA
Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced
price offered or delivered to another NJPA Member provided the same or similar volume commitment,
specific needs, terms, and conditions, a similar time frame, seasonal considerations and provided the same
manufacturer support is available to the Vendor.
4.26 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or
substantially similar characteristics such as purchase volume commitments, and timing including the
availability of special pricing from the Vendor’s suppliers.
G. SOURCED GOODS
4.27 NJPA and NJPA Members may, from time to time, request goods and/or products/services within
the scope of this RFP which are not included in an awarded Vendor’s line-item product /service listing or
“list or catalog” known as Sourced Goods.
4.28 An awarded Vendor resulting from this RFP may “Source” these products/services for NJPA or
NJPA Member to the extent they:
4.28.2 Provide as many quotes for the Member’s “Total Cost of Acquisition” for the goods and
services to be sourced as may reasonably be required by NJPA Member.
4.28.3 Provide “Sourced Goods” only to the extent that they are incidental to the total transaction
being contemplated.
H. TOTAL COST OF ACQUISITION
4.29 The Total Cost of Acquisition for the products/services being proposed, including those payable by
NJPA Members to either the Proposer or a third party, shall be disclosed in the Proposer’s Response
including but not limited to:
The capitalized cost of the listed products/services being proposed,
The cost of accessories, alterations, and customizations typically incurred in the acquisition of the
17 of 47
products/services being proposed.
The cost of delivery, setup and installation (where applicable) of the products/services and any
accessories being proposed.
Other costs, where applicable, typically associated with the purchase, delivery, set-up, and
installation of the products/services being proposed and making it operational at the purchaser’s
site.
4.30 The Total Cost of Acquisition is to be stated “As Proposed.” As an example, a materials only
proposal, or portions of proposals, must include the total cost of acquisition for those materials delivered.
In contrast, the Total Cost of Acquisition for a turn-key proposal must include the total costs to be
incurred in the process of delivering that combination of products/services.
I. REQUESTING PRODUCT AND SERVICE ADDITIONS/DELETIONS
4.31 Requests for product, service, and price additions, deletions, or changes must be made in written
form and shall be subject to approval by NJPA.
4.32 New products/services may be added to a Contract resulting from this RFP at any time during that
Contract to the extent those products/services are within the scope of this RFP. Those requests are subject
to review and approval of NJPA. Allowable new products/services generally include new updated
models of products/services and or enhanced services previously offered which could reflect new
technology and improved functionality.
4.33 Proposers representing multiple manufacturers, or carrying multiple related product lines may also
request the addition of new manufacturers or product lines to their Contract to the extent they remain
within the scope of this RFP.
4.34 NJPA’s due diligence in analyzing any request for change is to determine if approval of the request
is 1) within the scope of the original RFP, and 2) in the “Best Interests of NJPA and NJPA Members.”
We are looking for consistent pricing and delivery mechanisms and an understanding of what value the
proposal brings to NJPA and NJPA Members.
4.35 Documenting the “Best Interests of NJPA and NJPA Members” when out-dated equipment is being
deleted is fairly straight forward since the product is no longer available and not relevant to the
procurement Contract.
4.36 Requests must be in the form of 1) a cover letter to NJPA a) asking to add the product line, b)
making a general statement identifying how the products to be added are within the scope of the original
RFP, and c) making a general statement identifying that, if appropriate, the pricing is consistent with the
existing Contract pricing and 2) the detail as to what is being added at what price will then be an
attachment to that cover letter.
4.37 NJPA’s intent here is to encourage Proposers to provide and document NJPA’s due diligence in a
clear and concise one page format on which we can stamp and sign our acknowledgment and acceptance.
This information must ultimately come from Proposers, and NJPA is requiring it in this format.
J. REQUESTING PRICING CHANGES
4.38 Price Decreases: Requests for standard Contract price decrease adjustments (percentage discount
increases) are encouraged and will be allowed at any time based on market place efficiencies, market
place competitiveness, improved technologies and/or improved methods of delivery or if Vendor engages
in innovative procurement practices such as strategic sourcing, aggregate and volume purchasing. NJPA
expects Vendors to propose their very best prices and anticipates price reductions due to the advancement
of technologies and market place efficiencies. Documenting the “Best Interests of NJPA and NJPA
Members” is pretty easy when we are documenting price reductions.
18 of 47
4.39 Price increases: Requests for standard contract price increases (or the inclusion of new generation
products/services/services at higher prices) can be made at any time. These requests will again be
evaluated by NJPA based on the best interests of NJPA and NJPA Members. As an example, typically
acceptable requests for price increases for existing products/services may cite increases to the Vendor of
input costs such as petroleum or other applicable commodities. Typically acceptable requests for price
increases for new products/services enhance or improve on the current solutions currently offered as well
as cite increases in utility of the new compared to the old. Vendors are requested to reasonably document
the claims cited in their requests. Your written request for a price increase, therefore, is an exercise in
describing what you need, and a justification for why you need it in sufficient detail for NJPA to deem
such change to be in the best interests of our self and our Members.
4.40 Price Change Request Format: An awarded Proposer will use the format of a cover letter
requesting price increases in general terms (a 5% increase in product line X) and stating their justification
for that price increase (due to the recent increase in petroleum costs) by product category. Specific details
for the requested price change must be attached to the request letter identifying product/services where
appropriate, both current and proposed pricing. Attachments such as letters from suppliers announcing
price increases are appropriate for documenting your requests here.
K. PRICE AND PRODUCT CHANGES FORMAT
4.41 NJPA’s due diligence regarding product and price change requests is to consider the reasonableness
of the request and document consideration on behalf of our members. We would appreciate it if you
would send the following documentation to request a pricing change:
4.41.1 A cover letter:
a. Please address the following subjects in your cover letter:
i. What product/service prices are changing?
ii. How much are the prices changing?
iii. Why are the prices changing?
iv. Any additions or deletions from the previous product list and the reason for
the changes.
b. The specifics of the product/services and price changes will be listed in the excel
spreadsheets indentified below. Please take a more general “Disclosure” approach to
identifying changes in the cover letter.
i. If appropriate, for example, state, “All paper products/services increased 5 %
in price due to transportation costs.”
ii. If appropriate, for instance, state, “The 6400 series floor polisher added to the
product list is the new model replacing the 5400 series. The 6400’s 3% price
increase reflects the rate of inflation over the past year. The 5400 series is now
included in the “Hot List” at a 20% discount from previous pricing until
remaining inventory is liquidated.”
4.41.2 An excel spreadsheet identifying all products/services being offered and their pricing.
Each subsequent pricing update will be saved using the naming convention of “[Vendor Name]
pricing effective XX/XX/XXXX.”
a. Include all products/services regardless of whether their prices have changed. By
observing this convention we will:
i. Reduce confusion by providing a single, easy to find, current pricing sheet for
each Vendor.
ii. Create a historical record of pricing.
L. SINGLE STATEMENT OF PRICING/HISTORICAL RECORD OF PRICING
4.42 Initially; and with each request for product addition, deletion, and pricing change; all
19 of 47
products/services and services available, and the prices for those products/services and services will be
stated in an Excel workbook. The request for price changes described above will serve as the
documentation for those requested changes. Each complete pricing list will be identified by its “Effective
Date.” Each successive price listing identified by its “Effective Date” will create a “Product and Price
History” for the Contract.
4.43 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product
groupings or to separately list product and service pricing as they see fit.
4.44 All products/services together with their pricing, whether changed within the request or remaining
unchanged, will be stated on each “Pricing” sheet created as a result of each request for product, service,
or pricing change.
4.45 Each subsequent “Single Statement of Product and Pricing” will be archived by its effective date
therefore creating a product and price history for any Contract resulting from this RFP.
M. PAYMENT TERMS
4.46 Payment terms will be defined by the Proposer in the Proposer’s Response. Proposers are
encouraged to offer payment terms through P Card services.
4.47 Leasing- If available, identify any leasing programs available to NJPA and NJPA Members as part of
your proposed. Proposers must submit an example of the lease agreement to be used. Proposers must
identify:
General leasing terms such as:
o The percentage adjustment over/under an index rate used in calculating the internal rate
of return for the lease; and
o The index rate being adjusted; and
o The “Purchase Option” at lease maturity ($1, or fair market value); and
o The available term in months of lease(s) available.
Leasing company information such as:
o The name and address of the leasing company; and
o Any ownership, common ownership, or control between the Proposer and the Leasing
Company
N. SALES TAX
4.48 Sales and other taxes, where applicable, shall not be included in the prices quoted. Vendor will
charge state and local sales and other taxes on items for which a valid tax exemption certification has not
been provided. Each NJPA Member is responsible for providing verification of tax exempt status to
Vendor. When ordering, if applicable, NJPA Members must indicate that they are tax exempt entities.
Except as set forth herein, no party shall be responsible for taxes imposed on another party as a result of
or arising from the transactions contemplated by a Contract resulting from this RFP.
O. SHIPPING AND SHIPPING PROGRAM
4.49 Shipping program for material only proposals, or sections of proposals, must be defined and tabbed
under Tab 9 as a part of the cost of goods. If shipping is charged to NJPA or NJPA Member, only the
actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the
product price may not be used, unless such charges are lower than actual delivery charges. No COD
orders will be accepted. It is desired that delivery be made within ninety-days (90) of receipt of the
Purchase Order.
4.50 Any shipping cost charged to NJPA or NJPA Members will be considered to be part of “proposal
pricing.”
20 of 47
4.51 Additional costs for expedited deliveries will be at the additional shipping or handling expense to the
NJPA Member.
4.52 Selection of a carrier for shipment will be the option of the party paying for said shipping. Use of
another carrier will be at the expense of the requester.
4.53 Proposers must define their shipping programs for Alaska and Hawaii and any location not served by
conventional shipping services. Over-size and over-weight items and shipments may be subject to
custom freight programs.
4.54 Proposals containing restocking fees are less advantageous than those not containing re-stocking
fees. That being said, certain industries cannot avoid restocking fees. Certain industries providing made to
order goods may not allow returns. With regard to returns and restocking fees, Proposers will be
evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those
subjects. Where used, restocking fees in excess of 15% will not be considered excessive. Restocking fees
may be waived, at the option of the Proposer/Vendor. Indicate all shipping and re-stocking fees in price
program under Tab 9.
4.55 Proposer agrees shipping errors will be at the expense of the Vendor. For example, if a Vendor ships
a product that was not ordered by the member, it is the responsibility of the Vendor to pay for return mail
or shipment at the convenience of the member.
4.56 Unless specifically stated otherwise in the “Shipping Program” of a Proposer’s Response, all prices
quoted must be F.O.B. destination with the freight prepaid by the Vendor. Time is of the essence on this
Contract. If completed deliveries are not made at the time agreed, NJPA or NJPA Member reserves the
right to cancel and purchase elsewhere and hold Vendor accountable. If delivery dates cannot be met,
Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by
NJPA or NJPA Member.
4.57 Goods and materials must be properly packaged. Damaged goods and materials will not be
accepted, or if the damage is not readily apparent at the item of delivery, the goods shall be returned at no
cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the goods at a
reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of
the goods at the time of delivery.
4.58 Vendor shall deliver Contract conforming products in each shipment and may not substitute products
without approval from NJPA Member.
4.59 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers
substandard or inferior products which are not under Contract and described in its paper or electronic
price lists or sourced upon request to any member under this Contract. In the event of the delivery of a
non-conforming product, NJPA Member will immediately notify Vendor and Vendor will replace non-
conforming product with conforming product.
4.60 Throughout the term of the Contract, Proposer agrees to pay for return shipment on goods that arrive
in a defective or inoperable condition. Proposer must arrange for the return shipment of damaged goods.
4.61 Unless contrary to other parts of this solicitation, if the goods or the tender of delivery fail in any
respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept the whole
or 3) accept any commercial unit or units and reject the rest.
P. NORMAL WORKING HOURS
4.62 Prices quoted are for products/services delivered during normal business hours. Normal Business
21 of 47
hours will be as specifically defined herein, defined through industry standards OR defined through
statement contained in the purchase/work order issued pursuant to a Contract resulting from this RFP.
5. MARKETING PLAN
5.1 Internal Marketing Plan: An award of Contract resulting from this RFP is an opportunity for the
awarded contractor to pursue commerce with, and deliver value to NJPA and NJPA Members nationwide.
An award of Contract is not an opportunity to see how much business NJPA can drive to an awarded
Vendor’s door. Your internal marketing plan should serve to:
5.1.1 Identify the appropriate levels of sales management whom will need to understand the value
of, and the internal procedures necessary to deliver this Contract opportunity to NJPA and NJPA
Members through your sales force.
5.1.2 Identify, in general, your national foot print and dedicated feet-on-the-street sales force that
will be carrying this Contract message and opportunity in the field to NJPA Members. Outline the
sale force in terms of numbers and geographic distribution.
5.1.2.1 Identify whether your sales force are employees or independent contractors.
5.1.3 Identify your plan for delivering training to these individuals.
5.1.3.1 Will you have your sales force gathered at national or regional events in the near
future? Does you sales force have the ability to participate in webinar or webcast events?
5.1.3.2 NJPA is prepared to provide our personnel in your location for sales training
and/or on a webinar or webcast where sufficient efficiencies can be shown in reaching the
appropriate groups within your employee base, and sufficient numbers of personnel
trained.
5.1.4 Identify your personnel involved in training.
5.1.4.1 NJPA can provide personnel to deliver training regarding the Contract itself, the
authority of NJPA to offer the Contract vehicle to its Members, the value the Contract
vehicle delivers to NJPA and NJPA Members, the scope of NJPA Membership, and the
authority of NJPA Members to utilize our procurement contracts.
5.1.4.2 Your personnel will be needed to provide training regarding employee
compensation and internal procedures when delivering the Contract opportunity, and how
this Contract purchasing opportunity relates with other such opportunities available.
5.2 Success in marketing is dependent upon 1) the delivery of value as defined in section 1.4, 2) the
delivery of knowledge of the program and its proper use and utility, and 3) the delivery of opportunity
and reward which creates a personal commitment to the program. NJPA desires a marketing plan that:
5.2.1 identifies the value delivered in a competitively proposed national cooperative procurement
contract by relieving both the NJPA Member and the Vendor/Vendor’s sales staff of the
responsibility for bringing and answering many similar and individual RFP’s; and
5.2.2 identifies the appropriate Vendor personnel from both management and sales staff’s who
will be trained on the use and utility of such a contract and a general schedule of when and how
those individuals will be trained; and
5.2.3 identifies in general how the reward system for the marketing, delivery, and service chain of
the Vendor will be affected by the implementation of the proposed Contract and how that will be
22 of 47
proposed to those individuals in terms of the value created for them and their departments in 5.1.1
above.
5.3 External Marketing Plan: NJPA is seeking the ability to serve all our current and potential members
nationwide. The Proposer must demonstrate the ability to both market and service their
products/services/services nationwide. Please demonstrate your sales and service force contains sufficient
people in sufficient proximities, to receive the knowledge, opportunity, and reward in order to make a
personal commitment to serving NJPA and NJPA Members nationwide.
5.4 The Proposer must exhibit the willingness and ability to develop marketing materials and participate
in marketing venues such as:
5.4.1 Printed Marketing Materials. Proposer will initially produce and thereafter maintain full
color print advertisements in camera ready electronic format including company logos,
identifying the Vendor, the Vendor’s general utility for NJPA and NJPA Members, and contact
information to be used by NJPA and NJPA Members in a full page, half page, and quarter page
formats. These advertisements will be used in the NJPA Catalog and publications.
5.4.2 Press releases and advertisements. Proposer will identify a marketing plan identifying their
anticipated press releases, contract announcements, advertisements in industry periodicals, or
other direct or indirect marketing activities.
5.4.3 Proposer’s Website. Proposer will identify how an Awarded Contract will be displayed on
the Proposer’s website. An on-line shopping experience for NJPA and NJPA Members is desired
when applicable and will be viewed as a value-added attribute to a Proposer’s Response.
5.4.4 Trade Shows. Proposer will outline their proposed involvement in the promotion of a
Contract resulting from this RFP through trade shows. Vendors are encouraged to identify trade-
show, and other appropriate venues, for the promotion of any such Contract. Vendors are
strongly encouraged to participate in cooperation with NJPA at the following NJPA embraced
trade shows:
NAEP National Association of Education Procurement
I-ASBO International Association of School Business Officials
NIGP National Institute of Government Purchasing
5.5 Proposer must also work in cooperation with NJPA to develop a marketing strategy and provide
avenues to equally market and drive sales through the Contract and program to all NJPA Members
nationally. Awarded Vendor agrees to actively market in cooperation with NJPA all available
products/services to current and potential NJPA Members. NJPA reserves the right to deem a proposer
non-responsive or to waive an award based on an unacceptable marketing plan.
5.6 As a part of this response, submit a complete Marketing Plan on how you would help NJPA rollout
this program to current and potential NJPA Members. NJPA requires the Vendor actively promote the
Contract in cooperation with the NJPA. Vendors are advised to consider marketing efforts in the areas of
1) Website Link from Vendors website to NJPA’s website, 2) Attendance and participation with a display
booth at national trade shows as agreed upon/required by NJPA, and 3) Sales team and sales training
programs involving both Vendor sales management and NJPA staff. NJPA requires awarded Vendors to
offer the NJPA Contract opportunity to all current and qualified NJPA Members.
5.7 Facilitating NJPA Membership: Proposer should express their commitment to determine the
membership status of their customers whom are eligible for NJPA Membership, AND their commitment
to establishing that membership.
23 of 47
5.7.1 Membership information: Proposer should further express their commitment to capturing
sufficient member information as is deemed necessary by NJPA to appropriately facilitate
membership and certain marketing activities as agreed to by NJPA and an Awarded contractor.
6. PROPOSAL OPENING PROCEDURE
6.1 Sealed and properly identified Proposer’s Responses for this RFP entitled “OFFICE AND
CLASSROOM RELATED SUPPLIES AND ACCESSORIES” will be received by Gregg Meierhofer,
Manager of Bids and Contracts, at NJPA Offices, 200 First Street NE, Staples, MN 56479 until the
deadline for receipt of, and opening of proposals at 2:00 p.m. on January 15, 2010. The NJPA Director
of Contracts and Marketing, or Representative from the NJPA Proposal Review Committee, will then
read the Proposer’s names aloud. A summary of the responses to this RFP will be made available for
public inspection in the NJPA office in Staples, MN. Specifications are available for pick up or mail
delivery beginning December 16, 2009 and continuing until 4:00 p.m. on January 6, 2010. A letter or
e-mail request is required to receive a complete RFP package. Send or communicate all requests to the
attention of Gregg Meierhofer 200 1st Street Northeast Staples, MN 56479 or RFP@njpacoop.org to
receive a complete copy of this RFP. Method of delivery needs to be indicated in the request; an email
address is required for electronic transmission. Oral, facsimile, telephone or telegraphic Proposal
Submissions or requests for this RFP are invalid and will not receive consideration. All Proposal
Responses must be submitted in a sealed package. The outside of the package shall plainly specify
“OFFICE AND CLASSROOM RELATED SUPPLIES AND ACCESSORIES” To avoid premature
opening, it is the responsibility of the Proposer to label the Proposal Response properly.
7. EVALUATION OF PROPOSALS
A. PROPOSAL EVALUATION PROCESS
7.1 NJPA will use a 1,000 Point Evaluation System to help determine the best overall Proposer(s)
selection. Bonus points may be available for specific proposal characteristics identified such as “Green
Product Certifications.”
7.2 NJPA reserves the right to use a “Cost Scoring Evaluation” through a product comparison process of
like products/services. This process will establish points for submitted price levels. See Cost Scoring
Evaluation.
7.3 NJPA shall use a final overall scoring system to include consideration for best price and cost
evaluation. The total possible score is 1,000 points. NJPA reserves the right to assign any number of
point awards or penalties it considers warranted if a Proposer stipulates exceptions, exclusions, or
limitations of liabilities.
7.4 To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the
criteria set forth under “Proposer Responsiveness.”
7.5 Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of
Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal
Review Committee.
7.6 The procurement activities of the NJPA Proposal Review Committee are limited to document
preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon
request, conducting an evaluation and making recommendation for possible approval to NJPA Board of
Directors.
24 of 47
B. PROPOSER RESPONSIVENESS
7.7 Proposer’s Responses received after the deadline for submission will be invalid and returned to the
Potential Proposer unopened.
7.8 An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being
considered. All proposals must contain answers or responses to the information requested in the proposal
forms. Any Proposer failing to provide the required documentation may be considered non-responsive.
7.9 Deviations or exceptions stipulated in Proposer’s Response may result in the proposal being classified
as non responsive.
7.10 To qualify for evaluation, a proposal must have been submitted on time and materially satisfy all
mandatory requirements identified in this document. A proposal must reasonably and substantially
conform to all the terms and conditions in the solicitation to be considered responsive.
7.11 The Proposal Review Committee shall utilize the following criteria to evaluate all proposals
received. Items 1-4 constitute the test for “Level One Responsiveness” and are determined on the
proposal opening date. “Level 2” responsiveness is determined through the evaluation of the
remaining items listed below. These items are not arranged in order of importance and each item
may encompass multiple areas of information requested.
1. The proposal response is received prior to the deadline for submission.
2. The proposal package was properly addressed and identified.
3. The proposal response contains the required proposed security.
4. The proposal response contains original signatures on all documents requiring such.
5. Certificate of Insurance as required herein.
6. Response’s conformance to terms and conditions as described in the solicitation, including
documentation.
7. Possesses qualifications as a responding Proposer that meets or exceeds those set within the
solicitation.
8. Information from references and past performance information including past member
approval.
9. Demonstrates that they offer the most current industry standard products/services and/or
services.
10. Demonstrates financial stability and a favorable banking line of credit.
11. Demonstrates their products/services and/or services proposed meet and/or exceed industry
standards accepted by educational or governmental institutions.
12. Has demonstrated market place success and their past performance exhibit an acceptable
reputation.
13. Demonstrates the company possesses the background, knowledge, capacity, and ability to sell,
deliver, and support products/services offered to Members.
14. Has provided documentation defining, outlining, and describing their concept of a national
marketing program they will be implementing to facilitate and coordinate the cooperative
activities required by an awarded Contract.
15. Has provided all of the required and applicable documentation required i.e. proposed security,
insurance certificates, licenses, and/or registration certificates required to do business
nationally.
16. Line-Item Pricing, in approved excel format, listing of all of the proposed products/services and
warranty provisions with their associated units of costs.
17. Core List selection of products/services in Line-Item Pricing format
18. Hot List Pricing products/services in a Line-Item Pricing format (where applicable).
19. Contract Pricing submitted as requested to include core list or products/services, Line-Item
Pricing and/or Percentage Discount from published gov/ed price list or Catalog.
25 of 47
C. PROPOSAL EVALUATION CRITERIA
7.12 If a manufacturer or supplier chooses not to produce or supply goods and services to meet the scope
of this RFP, such action will be considered sufficient cause to reduce evaluation points.
7.13 Consideration will be given in the award based on the completion and degree of information
provided regarding available products, equipment, and accessories, as well as, applicable parts of the
Proposer Information and Questionnaire.
7.14 The fact a manufacturer or supplier chooses not to produce or provide equipment products or
services to meet the intent and scope of this RFP will not be considered sufficient cause to adjudge this
RFP as restrictive.
7.15 The Proposer is required to have extensive knowledge and at least three (3) years experience with the
related activities surrounding the selling of the equipment, service or related products offered.
7.16 NJPA reserves the right to accept or reject newly formed companies solely based on information
provided in the proposal and/or its own investigation of the company.
7.17 Consideration will be given in the proposal evaluation based upon the selection, variety,
technological advances, and demonstrated quality of products submitted, technological advances, and
pricing. The ability of the Proposer to communicate the value of these factors and to demonstrate how the
depth and breadth of their product and service offerings provide NJPA and NJPA Members with a sole
source of responsibility within the scope of this RFP will be positively reviewed.
7.18 Consideration will also be given to proposals demonstrating technological advances, provide
increased efficiencies, expanded service and other related improvements beyond today’s NJPA member’s
needs and applicable standards.
7.19 Strong consideration will be given to a Proposer’s past performance, distribution model, and the
demonstration their ability to effectively market and service NJPA Membership nationally.
7.20 Strong consideration will be given to the best price as it relates to the quality of the product and
service. However, price is ultimately one of the factors taken into consideration in evaluation and award.
7.21 Evaluation of a Proposer’s Responses will take into consideration as a minimum response but not
necessarily limited to the following:
1. Adherence to all requirements of this RFP as defined by industry standards.
2. Prior knowledge of and experience with a Proposer in terms of past performance and market
place success.
3. Capability of meeting or exceeding current and future needs or requirements of NJPA and
NJPA Members.
4. Evaluation of Proposer’s ability to market to and provide service to all NJPA Members
nationally.
5. Financial condition of the Proposer.
6. Nature and extent of company data furnished in Proposer’s Response.
7. Quality of products, equipment, and services offered including value added related services.
8. History of member service to NJPA type customers.
9. Overall ability to perform sales, solutions and contract support as submitted.
10. Ability to meet service and warranty needs.
11. History of meeting shipping and delivery expectations of contracted products/ services.
12. Technology advancements and related provisions.
13. Ability to market and promote the Contract within current business practices.
14. Willingness to develop and enter into NJPA Contract and business relations.
26 of 47
15. Favorable bond rating and applicable industry standard licensing ability.
16. Past market place successes and brand recognition.
17. Demonstrated warranty and product/service responsibility.
7.22 The Proposer’s ability to follow the proposal preparation instructions set forth in this solicitation
will also be considered to be an indicator of the Proposer’s ability to follow other future instructions
should they receive an award as a result of this solicitation. Any Contract between NJPA and a Proposer
requires the delivery of information and data. The quality of organization and writing reflected in the
proposal will be considered an indication of the quality of organization and writing which would be
prevalent if a Contract was awarded. As a result, the proposal will be evaluated as a sample of data
submission.
7.23 A proposal must have been submitted on time and materially satisfy all mandatory requirements
identified in this document.
7.24 NJPA reserves the right to reject the Proposer’s Response of the apparent successful Proposer where
the available evidence or information does not exhibit the ability or intent to satisfy NJPA that the
potential Vendor is unable to properly carry out the terms of this RFP and potential Contract.
7.25 NJPA shall reserve the right to reject any or all proposals. NJPA also reserves the right to reject a
proposal not accompanied by required bid security, other data required by this RFP, or if a Proposer’s
Response is incomplete or irregular. The NJPA shall reject all proposals where there has been collusion
among the Proposers.
7.26 Overall Evaluation (FORM G) - The NJPA Proposal Review Committee will evaluate proposal
received based on a 1,000 point evaluation system. The Committee will establish both the evaluation
criteria and designate the relative importance of those criteria by assigning possible scores for each
category.
7.27 Bonus Evaluation Points- Bonus evaluation points may be awarded by the NJPA Proposal Review
Committee based on criteria identified as being both “optional” and “having additional value”
D. COST SCORING EVALUATION
7.28 Cost evaluation may be used to make a best value determination. NJPA reserves the right to use this
process in the event the evaluation committee feels it is necessary to make a final determination.
7.29 This process will be based on a point system with points being awarded for being low to high Proposer
for each cost evaluation item selected. A “Market Basket” of identical (or substantially similar)
products/services shall be selected by the NJPA proposal Review Committee and the unit cost will be
used as a basis for determining the point value. The “Market Basket:” will be selected by NJPA from all
product categories as determined appropriate by NJPA. The low priced Proposer will receive the full
point value and all other Proposers will receive points as follows: Lowest price Proposal = 5 (where there
are five proposers), and inferior proposals = 4, 3, 2, 1 points each. The Total Score for each proposer will
be the sum of all points earned. The result of this process shall not be the sole determination for award.
E. PRODUCT TESTING
7.30 NJPA reserves the right to request and test products/services and/or services from the apparent
successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by
NJPA, shall furnish current information and data regarding the Proposer’s resources, personnel, and
organization within three (3) days.
27 of 47
F. PAST PERFORMANCE INFORMATION
7.31 Past performance information is relevant information regarding a Proposer’s actions under
previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies.
It includes the Proposer’s record of conforming to specifications and standards of good workmanship.
The Proposer’s history for reasonable and cooperative behavior and commitment to member satisfaction
shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer’s
businesslike concern for the interests of the NJPA Member.
G. WAIVER OF FORMALITIES
7.32 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept
proposals, which, in its discretion and according to the law, may be in the best interest of its members.
8. POST AWARD OPERATING ISSUES
A. SUBSEQUENT AGREEMENTS
8.1 Purchase Order- Purchase Orders for goods and services may be executed between NJPA or NJPA
Members (Purchaser) and awarded Vendor(s) or Vendor’s sub-contractors pursuant to this invitation and
any resulting Contract. NJPA Members are instructed to identify on the face of such Purchase orders that
“This purchase order is issued pursuant to NJPA procurement contract #XXXXXX.” A Purchase Order is
an offer to purchase goods and services at specified prices by NJPA or NJPA Members pursuant to a
Contract resulting from this RFP. Purchase Order flow and procedure will be developed jointly between
NJPA and an Awarded Vendor after an award is made.
8.2 Governing Law- Purchase Orders, as identified above, shall be construed in accordance with, and
governed by, the laws of a competent jurisdiction with respect to the purchaser. Each and every provision
of law and clause required by law to be included in the Purchase Order shall be read and enforced as
though it were included. If through mistake or otherwise any such provision is not included, or is not
currently included, then upon application of either part the Contract shall be physically amended to make
such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase
Order(s) shall be a court of competent jurisdiction to the Purchaser.
8.3 Additional Terms and Conditions- Additional terms and conditions to a Purchase Order may be
proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is
OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is
to, among other things; formerly introduce job or industry specific requirements of law such as prevailing
wage legislation. Additional terms and conditions can include specific local policy requirements and
standard business practices of the issuing Member. Said additional terms and conditions shall not interfere
with the general purpose and intent of this RFP.
8.4 Asset Management Contracts: Asset Management type contracts can be initiated pursuant to a
Contract resulting from this RFP at any time during the term of said Contract. The establishment of such
Asset Management Contracts cannot exceed the authorized term of a Contract resulting from this RFP;
however the Asset Management Contract term may extend beyond the maturity date of a Contract
resulting from this RFP.
8.5 Specialized Service Requirements- In the event service requirements or specialized performance
requirements such as e-commerce specifications, specialized delivery requirements, or other
specifications and requirements not addressed in the Contract resulting from this RFP, NJPA Member and
Vendor may enter into a separate, stand alone agreement, apart from a Contract resulting from this RFP.
Any proposed service requirements or specialized performance requirements require pre-approval by
Vendor. Any separate agreement developed to address these specialized service or performance
requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and
28 of 47
employees shall not be made party to any claim for breach of such agreement. Product sourcing is not
considered a service. NJPA Members will need to conduct procurements for any specialized services not
identified in this Contract.
8.6 Performance Bond- At the request of the member, a Vendor will provide all performance bonds
typically and customarily required in their industry. These bonds will be issued pursuant to the
requirements of Purchase Orders for goods and services. If a purchase order is cancelled for lack of a
required performance bond, it shall be the recommendation of NJPA that pending Purchase Orders with
all NJPA Members be considered for cancellation. Each member has the final decision on Purchase
Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR
CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND
SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER.
B. NJPA MEMBER SIGN-UP PROCEDURE
8.7 A Potential NJPA Member is generally stated as any unit of government, education, or non-profit
organization nationwide (and with possible international distribution). A properly executed Membership
creates the necessary “Paper Trail” connection between the Member and NJPA. Membership in NJPA is
required to participate in any NJPA contract. Any Member of NJPA who is in compliance with the terms
and conditions of membership shall have the option and freedom to access any of the procurement
contracts of NJPA.
8.8 Awarded Vendors must agree to facilitate in the NJPA Membership process as part of connecting
NJPA members to NJPA contracts. Potential NJPA Members may request membership with NJPA
through the following methods:
Potential members can complete their membership through on-line submission, or through a
printable form available on-line at njpacoop.org.
Potential Members may also submit proposed membership documentation which complies with
their State and local Laws, rules and regulations for NJPA review.
8.9 As part of the Contract award, it is the responsibility of the Vendor to facilitate the membership
process.
8.10 It is agreed the completion of a Member Sign-up form expressing the Qualifying Member’s decision
to participate under a Contract resulting from this RFP, signifies the NJPA Member’s acceptance of a
Contract resulting from this RFP, and all its specifications, terms and conditions therein.
C. REPORTING OF SALE ACTIVITY
8.11 A report of the total gross dollar volume of all products/services purchased by NJPA Members as it
applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this
reporting will be developed by NJPA in cooperation with the Vendor to include, but not limited to, name
and address of purchasing agency, amount of purchase, and a description of the items purchased.
D. AUDITS
8.12 During the Term, Vendor will, upon not less than fourteen (14) business days’ prior written request,
make available to NJPA no more than once per calendar year, at Vendor’s corporate offices, during
normal business hours, the invoice reports and/or invoice documents from Vendor pertaining to all
invoices sent by Vendor and payments made by NJPA members for all products/services purchased under
this Contract. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on
its own behalf. Vendor shall have the right to approve the independent auditor, which approval shall not
be unreasonably withheld. Upon approval and after the auditor has executed an appropriate
confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents.
NJPA shall be responsible for paying the auditor’s fees. The parties will make every reasonable effort to
fairly and equitably resolve discrepancies to the satisfaction of both parties. Vendor agrees that the NJPA
29 of 47
may audit their records with a reasonable notice to establish total compliance and to verify prices charged
hereunder of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking
in a timely manner.
E. HUB PARTNER
8.13 Hub Partner: When Applicable, NJPA Members may, from time to time, request a Vendor
resulting from this RFP to serve them through a “Hub Partner” for the purposes of complying with a Law,
Regulation, or Rule to which the individual NJPA Member deems to be applicable in their jurisdiction.
An Awarded Vendor resulting from this RFP may reject such a request provided they provide written
notice of that rejection.
8.14 Hub Partner Fees: Fees, costs, or expenses levied upon the NJPA Member OR the Vendor for the
services provided by the Hub Partner in the transaction provide that:
8.14.1 The NJPA Member be notified by the Vendor that additional charges may apply; and
8.14.2 The Vendor document the transaction to be “Executed for the Benefit of [NJPA Member
Name]” on the face of all transactional and warranty documentation.
F. TRADE-INS
8.15 Where Appropriate, the value in US Dollars, of Trade-ins will be negotiated between NJPA or an
NJPA Member, and an Awarded Vendor. That identified “Trade-In” value shall be credited in full against
the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA
procurement contract. The full value of the trade-in will be consideration to that purchase order.
G. OUT OF STOCK NOTIFICATION
8.16 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out-of -stock
occurs. Vendor shall inform the NJPA member regarding the anticipated date of availability for the out-
of- stock item(s), and may suggest equivalent substitute(s).
• The ordering organization shall have the option of accepting the suggested equivalent
substitute, or canceling the item from the order.
• Under no circumstance is Proposer permitted to make unauthorized substitutions.
• Unfilled or substituted item(s) shall be indicated on the packing list.
H. TERMINATION OF CONTRACT RESULTING FROM THIS RFP
8.17 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the
Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any
termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and
opportunity to cure according to the steps in the procedure in this Cancellation Section. Some examples
of material breach are the following:
The Vendor provides material that does not meet reasonable quality standards and is not
remedied under the warranty;
The Vendor fails to ship the products or provide the services within a reasonable amount of
time;
NJPA has reason to believe the Vendor will not or cannot perform to the requirements of the
Contract and issues a request for assurance as described herein and Vendor fails to respond;
The Vendor fails to observe any of the material terms and conditions of the Contract; and/or,
The Vendor fails to follow the established procedure for purchase orders, invoices and/or receipt
of funds as established by the NJPA and the Vendor in the Contract.
The Vendor fails to report quarterly sales volume;
30 of 47
The Vendor fails to actively market this Contract within the guidelines provided in this RFP and
the expectations of NJPA.
8.18 Each party shall follow the below procedure if the Contract is to be terminated for violations or
non-performance issues:
Step 1: Issue a warning letter outlining the violations and/or non-performance and state the length of
time (10 days) to provide a response and correct the problem(s) if reasonably possible in such time
frame.
Step 2: Issue a letter of intent to cancel Contract, if the problem(s) is not resolved within fifty (50)
days.
Step 3: Issue letter to cancel Contract for cause.
8.19 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to
provide a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all
issues of concern may result in Contract cancellation pursuant to this Section.
8.20 Any termination shall have no effect on purchases that are in progress at the time the cancellation is
received by the NJPA. The NJPA reserves the right to cancel the Contract immediately for convenience,
without penalty or recourse, in the event the Vendor is not responsive concerning the remedy, the
performance, or the violation issue within the time frame, completely or in part.
8.21 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the
Vendor files for bankruptcy protection or is acquired by an independent third party. Prior to commencing
services under this Contract, the Proposer/Vendor must furnish NJPA certification from insurer(s)
proving level of coverage usual and customary to the specific industry. The coverage is to be maintained
in full effect during the Contract period. Vendor must be willing to provide, upon request, certification of
insurance to any NJPA member or member using this Contract.
8.22 Either party may execute Contract termination without cause with a required 60-day written notice of
termination. Termination of Contract shall not relieve either party of financial, product or service
obligations incurred or accrued prior to termination.
8.23 NJPA may cancel any Contract resulting from this solicitation without any further obligation if any
NJPA employee significantly involved in initiating, negotiating, securing, drafting or creating the
Contract on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their
personal gain. Such cancellation shall be effective upon written notice from the NJPA or a later date if so
designated in the notice given. A terminated Contract shall not relieve either party of financial, product
or service obligations due to participating member or NJPA.
8.24 Events of Automatic termination to include:
Vendor’s or NJPA’s voluntary or involuntary bankruptcy or insolvency;
Vendor’s failure to remedy a material breach of a Contract resulting from this RFP within
sixty (60) days of receipt of notice from NJPA specifying in reasonable detail the nature of
such breach; and/or,
Receipt of written information from any authorized agency finding activities of Vendors
engaged in pursuant to a Contract resulting from this RFP to be in violation of the law.
9. GENERAL TERMS AND CONDITIONS
A. ADVERTISEMENT OF RFP
9.1 As a policy, NJPA shall advertise this solicitation 1) for two consecutive weeks in both the print and
on-line editions of the MINNEAPOLIS STAR TRIBUNE, 2) it shall be placed on a national wire service
31 of 47
by the MINNEAPOLIS STAR TRIBUNE, 3) it shall be posted on NJPA’s website, 4) it shall be posted to
the NJPA website and “Noticetobidders.com,” and 5) it shall be posted to other third-party websites
deemed appropriate by NJPA. Other third party advertisers may include Onvia and Bidsync.
B. ADVERTISING OF A CONTRACT RESULTING FROM THIS RFP
9.2 Proposer/Vendor shall not advertise or publish information concerning this Contract prior to the
award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the
awarded Contract to both current and potential NJPA Members.
C. APPLICABLE LAW
9.3 NJPA Compliance with Minnesota Procurement Law: Contracts awarded through NJPA are
intended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with as
many state laws as possible. It is the responsibility of each participating NJPA member to insure to their
satisfaction that these laws are satisfied. An individual NJPA member using these contracts is deemed by
their own accord to be in compliance with proposal regulations. NJPA encourages the awarded Vendor to
assist NJPA and the NJPA member in this research to the benefit of all involved.
9.4 Governing Law: All applicable portions of the Minnesota Uniform Commercial Code and all other
applicable Minnesota laws shall govern contracts with the National Joint Powers Alliance®. Any claims
pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be
brought forth only in courts in Todd County in the State of Minnesota.
9.5 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local
laws applicable to or pertaining to the sale of the products/services resulting from this RFP. All such
laws, whether or not herein contained, shall be included by this reference. It shall be Proposer’s/Vendor’s
responsibility to determine the applicability and requirements of any such laws and to abide by them.
9.6 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent
authorized by law and shall not be responsible for the acts of the other party and the results thereof.
NJPA’s liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
Statutes, Section §3.736, and other applicable law.
9.7 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with
prevailing wage legislation in effect in the jurisdiction of the purchaser (NJPA or NJPA Member). It shall
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.
9.8 Patent and Copyright infringement: If an article sold and delivered to NJPA or NJPA Members
hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and
save harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted
or recovered against it by any person whosoever on account of the use or sale of such articles by NJPA or
NJPA Members in violation or right under such patent or copyright.
D. ASSIGNMENT OF CONTRACT
9.9 No right or interest in this Contract shall be assigned or transferred by the Proposer/Vendor without
prior written permission by the NJPA. No delegation of any duty of the Proposer/Vendor shall be made
without prior written permission of the NJPA. The NJPA shall notify the members within fifteen (15)
days of receipt of written notice by the Vender. After issuance the awarded Contract may be reassigned
to a comparable Vendor at the discretion of NJPA.
32 of 47
9.10 If the original Vendor 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. NJPA
reserves the right to reject the acquiring person or entity as a Vendor. A simple change of name
agreement will not change the contractual obligations of the Vendor.
E. PROPOSERS LIST
9.11 NJPA will not maintain or communicate to a proposers list. All interested proposers must respond to
the solicitation as a result of one of the methods of proposal advertisements listed above. Because of the
scope of the potential Members and national Vendors, NJPA has determined this to be the best method of
fairly soliciting proposals.
F. CAPTIONS, HEADINGS, AND ILLUSTRATIONS
9.12 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and
ease of understanding and in no way define or limit the scope or intent of this request.
G. CONFIDENTIAL INFORMATION
9.13 If a Proposer wishes to withhold any part of its proposal from public inspection, then a statement
advising the NJPA of this fact shall accompany the submission. NJPA shall review the statement to
determine whether the information shall be withheld. If NJPA determines to disclose the information, the
Executive Director of NJPA shall inform the Proposer, in writing, of such determination prior to award of
Contract to Proposer.
H. DATA PRIVACY
9.14 Proposer agrees to abide by all applicable STATE and FEDERAL laws and regulations including
HIPPA concerning the handling and disclosure of private and confidential information regarding
individuals. Proposer agrees to hold NJPA harmless from its unlawful disclosure and/or use of
private/confidential information.
I. ENTIRE AGREEMENT
9.15 The Contract, as defined herein, shall constitute the entire understanding between the parties to that
Contract.
9.16 A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs
the applicable Acceptance and Award Form document (see Form D).
J. FORCE MAJEURE
9.17 Except for payments of sums due, neither party shall be liable to the other nor deemed in default
under this Contract if and to the extent that such party’s performance of this Contract is prevented due to
force majeure. The term “force majeure” means an occurrence that is beyond the control of the party
affected and occurs without its fault or negligence including, but not limited to, the following: acts of
God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood,
snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail
storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions-
intervention-acts, terrorist events or failures or refusals to act by government authority and/or other
similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force
majeure shall be deemed to commence when the party declaring force majeure notifies the other party of
the existence of the force majeure and shall be deemed to continue as long as the results or effects of the
force majeure prevent the party from resuming performance in accordance with a Contract resulting from
this RFP. Force majeure shall not include late deliveries of products/services caused by congestion at a
33 of 47
manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar
occurrences. If either party is delayed at any time by force majeure, then the delayed party shall notify
the other party of such delay within forty-eight (48) hours.
K. GRATUITIES
9.18 NJPA may cancel this Contract by written notice if it is found that gratuities, in the form of
entertainment, gifts or otherwise, were offered or given by the Proposer/Vendor or any agent or
representative of the Proposer/Vendor, to any employee of the NJPA are deemed to be excessive with a
view toward securing a contract or with respect to the performance of this Contract.
L. HAZARDOUS SUBSTANCES
9.19 Proper Material Safety Data Sheets (MSDS), in compliance with OSHA’s Hazard Communication
Standard, must be provided by the Vendor to NJPA or NJPA Member at the time of purchase.
M. LEGAL REMEDIES
9.20 All claims and controversies between NJPA and Vendor shall be subject to the laws of the State of
Minnesota and are to be resolved in Todd County, Minnesota, the county in which NJPA is domiciled.
N. LICENSES
9.21 Proposer/Vendor shall maintain a current status on all required federal, state, and local licenses,
bonds and permits required for the operation of the business conducted by the Proposer/Vendor.
9.22 All responding Proposers must be licensed (where required) and have the authority to sell and
distribute offered products/services to NJPA and NJPA Members in all states. Documentation of said
licenses and authorities, if applicable, is requested.
O. MATERIAL SUPPLIERS AND SUB-CONTRACTORS
9.23 The apparent successful Vendor shall be required to supply the names and addresses of sourcing
suppliers and sub-contractors when requested.
9.24 Awarded Vendors under this RFP will be the sole source of responsibility for transactions
originating that award. The Awarded Vendor is solely responsible for products/services and services
provided by third party sourcing or service providers.
P. NON-WAIVER OF RIGHTS
9.25 No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict
compliance by the other party with its obligations hereunder, and no custom or practice of the parties at
variance with the terms hereof, nor any payment under a Contract resulting from this RFP shall constitute
a waiver of either party’s right to demand exact compliance with the terms hereof. Failure by NJPA to
take action or assert any right hereunder shall not be deemed as waiver of such right.
Q. PROTESTS OF AWARDS MADE
9.26 Protests shall be filed with the NJPA’s Executive Director and shall be resolved in accordance with
appropriate state statutes of Minnesota. A protest must be in writing and filed with NJPA. A protest of
an award or proposed award must be filed within ten (10) days after the public notice or announcement of
the award. No protest shall lie for a claim that the selected Proposer is not a responsible Proposer. A
protest must include:
34 of 47
1. The name, address and telephone number of the protester;
2. The original signature of the protester or its representative;
3. Identification of the solicitation by RFP number;
4. A detailed statement of the legal and factual grounds of protest including copies of any
relevant documents; and, the proposal form of relief sought.
R. PROVISIONS REQUIRED BY LAW
9.27 Proposer/Vendor agrees in the performance of a Contract resulting from this RFP, it has complied
with or will comply with all applicable statutes, laws, regulations, and orders of the United States and any
State thereof.
S. PUBLIC RECORD
9.28 All proposals submitted to this invitation shall become the property of the NJPA and will become a
matter of public record and available for review subsequent to the award notification. Proposals may be
viewed by appointment at the NJPA offices Monday through Friday from 8:30 a.m. to 3:30 p.m.
T. RIGHT TO ASSURANCE
9.29 Whenever one party to this Contract has reason to question the other party’s intent to perform, he/she
may demand a written assurance of this intent. In the event a demand is made and no written assurance is
given, the demanding party may treat this failure as an anticipatory repudiation of the Contract provided,
however, in order to be effective, any such demand shall be addressed to the authorized signer for the
party from whom the assurance is being sought, and sent via U.S. Postal Service, certified mail, return
receipt requested or national overnight delivery service with proof of delivery.
U. SUSPENSION OR DISBARMENT STATUS
9.30 If within the past five (5) years, any firm, business, person or Proposer submitting a proposal has
been lawfully precluded from participating in any public procurement activity with a federal, state or local
government, the Proposer must include a letter with its response setting forth the name and address of the
public procurement unit, the effective date of the suspension or debarment, the duration of the suspension
or debarment and the relevant circumstances relating to the suspension or debarment. Any failure to
supply such a letter or to disclose pertinent information may result in the cancellation of any Contract. By
signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists.
V. HUMAN RIGHTS CERTIFICATE
9.31 If Proposer is not domiciled in Minnesota and has NOT on any single working day in the past year,
employed more than 40 employees in the State of Minnesota, Proposer must provide a statement to that
effect.
9.32 If Proposer is not domiciled in Minnesota and has on any single working day in the past year,
employed more than 40 employees in the State of Minnesota, Proposer must document their application
for a Human Rights Certificate issued by the Minnesota Commissioner of Human Rights. Proposer must
also document receipt by the Minnesota Commissioner of Human Rights of that application and the
Proposer’s affirmative action plan for the employment of minority persons, women, and qualified
disabled individuals.
9.33 If Proposer is domiciled in Minnesota and has on any single working day in the past year, employed
more than 40 employees in the State of Minnesota, Proposer must provide a copy of their “Certificate of
Compliance” from the Commissioner of the Minnesota Department of Human Rights.
W. SEVERABILITY
35 of 47
9.34 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule,
law, statutory provision or are otherwise unenforceable under the laws or regulations of any government
or subdivision thereof, such terms shall be deemed stricken from a Contract resulting from this RFP, but
such invalidity or unenforceability shall not invalidate any of the other terms of a Contract resulting from
this RFP.
X. RELATIONSHIP OF PARTIES
9.35 No Contract resulting from this RFP shall be considered a contract of employment. The relationship
between NJPA and an Awarded Contractor is one of independent contractors each free to exercise
judgment and discretion with regard to the conduct of their respective businesses. The parties do not
intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture,
master-servant, principal–agent, or any other relationship. Except as provided elsewhere in this RFP,
neither party may be held liable for acts of omission or commission of the other party and neither party is
authorized or has the power to obligate the other party by contract, agreement, warranty, representation or
otherwise in any manner whatsoever except as may be expressly provided herein.
PROPOSER QUESTIONNAIRE
Form A
Proposer Name: ___Staples Contract & Commercial, Inc., operating as Staples Advantage_ ____
Questionnaire completed by: ____Jeremy Landis, Senior Manager Strategic Alliances _______
Please provide an answer to all questions below and address all requests made in this RFP. Please
use the Microsoft Word document version of this questionnaire to respond to the questions
contained herein. Please provide your answer to each question indented below the question.
Please supply any applicable supporting information and documentation you feel appropriate in
addition to answers entered to the Word document. Please place your proposal response in a
three-ringed binder tabbed as indicated below. Two complete copies are required. All information
must be typed, organized, and easily understood by evaluators. Please limit your answer and
documentation as they directly relate to this RFP.
INSIDE FRONT COVER (pocket or 3-ringed binder sleeve)
• Original executed forms D, E, H & I.
• Electronic submission of proposal (CD).
• Bid Security (or Cashier’s Check)
• Certificate of Insurance
Please insert a table of contents
Tab 1: Company Information
1) Provide the full legal name, address, and telephone number for your business.
Staples Contract & Commercial, Inc., operating as Staples Advantage
500 Staples Drive
Framingham, MA 01702
2) Provide contact information for the primary contact person from your business relating to this
RFP. (Form B)
Jeremy Landis
Staples Advantage
1945 Old Gallows Rd
Suite 210
Vienna, VA 22182
jeremy.landis@staples.com
Phone: 703-734-8710 x241
3) Provide a brief history of your company that includes its goals and philosophy.
For more than 20 years, Staples has been the industry pioneer, making it easy for
businesses of all sizes to get the products and services they need. Originally founded by
entrepreneur Tom Stemberg as a retail store concept, we’ve grown to become the leader
in all business channels – retail, online and business-to-business delivery.
Company Milestones
• 2008 – Acquired Corporate Express in July and became a truly global business, serving contract customers in
North and South America, Canada, Europe, Asia and Australia
• 2007 – Opened 2000th Staples store in India
• 2006 – Begins operations in Taiwan as UB Staples® through a joint venture with UB Office Systems’ subsidiary,
UB Express
• 2005 – Unveiled our new corporate responsibility initiative "Staples Soul" and published our first
Corporate Responsibility report; Premiered the Easy Button™ and a new American icon was born
• 2004 – Invests in Shanghai–based office delivery business, OA 365, to enter the Chinese marketplace; enters the
Latin American market with the acquisition of Officenet, a Brazilian and Argentinean office products delivery
business
• 2003 – "Staples. We make buying office products easy." is introduced as the new corporate brand promise,
supported by the new tagline, "Staples. that was easy.®"
• 2002 – Becomes the world's largest seller of office supplies, with revenues topping $11 billion; issues industry–
first environmental paper procurement policy formalizing Staples' commitment to the environment
• 1999 – Launches StaplesLink.com® for contract customers
• 1997 – Announced naming rights deal for the STAPLES Center in Los Angeles
• 1996 – In 10 short years became a Fortune 500 company; only the sixth company in history to achieve $3 billion
in sales within 10 years of start–up
• 1993 – Launched Contract and Commercial division to serve multi-site organizations and Fortune 1000
businesses
• 1992 - Entered the European market
• 1991 – Help found Canada’s first office superstore, The Business Depot LTD.
• 1989 – Raised $36 million through an IPO
• 1986 – Invented the office products superstore concept with the opening of its first store in Brighton,
Massachusetts
Staples is the world’s largest office products company with $23 billion in sales revenue and 91,000 talented
associates. Our vision is to be the best company in the world at providing products and services for the office, and
our commitment to providing exceptional customer service is embodied by our brand promise “We make buying
office products easy.”
Staples’ strategy is to maintain our leadership in the office products industry through:
• Differentiated Brand - Become the office products company of choice
• Best Execution - Deliver industry-leading service at the lowest cost
• Market Leadership - Develop into a global company with a leadership position all markets
While our brand, execution and market leadership have already contributed to our leading position in the industry,
our growth will continue to be fueled by:
• Continued development of our innovative Staples® brand products
• Expansion in our retail and delivery channels as well as emerging markets
• Focus on Staples Soul, our commitment to corporate responsibility
Our strong corporate values move us to embrace diversity, sustain the environment, give back to our
communities and practice sound ethics. Combining these values with our global business strategy and operations
contributes to our financial success and helps us become a great employer, corporate citizen and neighbor. We
strive to provide superior value to our customers through a combination of everyday low prices, a broad selection
of products, easy to use Web sites and reliability and speed of order delivery.
4) Provide profiles and an organizational chart for key sales and marketing executives of your company that will oversee
the implementation and operation of a Contract resulting from this RFP.
5) How long has your company been in the OFFICE AND CLASSROOM RELATED SUPPLIES AND
ACCESSORIES, industry?
Staples has been in business since May 1986 when we opened our first retail store in Brighton, Mass. We
launched our contract and commercial division – now “Staples Advantage” – in 1993.
6) Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the
products and services being proposed?
Staples would best be described as a distributor/dealer/re-seller.
a) If the Proposer is best described as a re-seller, manufacturer aggregate, or distributor, please provide evidence of
your authorization as a dealer/re-seller/manufacturer aggregate for the manufacturer of the products you are
proposing.
Staples is authorized to resell all products offered under this proposal by the terms of Vendor Program
Agreements (VPA) established with each of our suppliers.
b) If the Proposer is best described as a manufacturer, please describe your relationship with your sales/service force
in delivering the products and services proposed. Are these people your employees, or the employees of a third
party?
N/A
7) For public companies, provide your most recent annual report to shareholders.
Staples’ annual reports are available electronically at: http://investor.staples.com/phoenix.zhtml?c=96244&p=irol-
reportsannual. Please also see Tab 11 for hard copies of Staples annual report.
8) For private companies, provide your most recent year-end financial statements, your bond rating, and/or a credit
reference from your bank.
N/A
Tab 2: Industry-Marketplace Successes
1) List and document recent industry awards and recognition.
Company Rankings
• #1 on Institutional Investor magazine’s America’s Top Shareholder-Friendly Companies (Retailing/Hard
Lines Category) (2008 and 2009)
• #109 on Fortune 500 (2009) – up from #128 last year
• #397 Fortune Global 500 (2009) – up from #439 in 2008
• #5 on Fortune Most Admired Specialty Retailers (2009)
• #83 on Barron's 500 (2009) – up from #304 last year
• #499 on Forbes World’s 2000 Largest Public Companies (2009)
• #319 on Forbes 400 Best Big Companies (ranked nine consecutive years)
• #111 on Brand Week’s America’s Top 2000 Brands (2008)
• #79 on CRO Magazine (formerly Business Ethics) Best Corporate Citizens list (2009)
• #4 among 35 retail sector companies and #40 among 541 global companies evaluated in the 2008
Covalence Ethical Ranking
• #31 of 78 in Boston Business Journal’s “Boston's Largest Corporate Charitable Contributors” – first time
ranked (2008)
• # 14 on Boston Globe 100 Top Companies (2009)
• Named to Boston Globe 100 Best Places to Work (2008 and 2009)
• #47 on STORES Magazine’s “Hot 100 Retailers” (2009)
• #29 on STORES Magazine’s “Top 100 Retailers” (2009)
• #4 on MultiChannel Merchant Top 100 (2009) – up from #5 in 2008
Company Awards
• Ron Sargent named “Best CEO” by Institutional Investor Magazine (Retailing/Hard Lines Category)
(2009)
• Officenet Staples (Argentina) was named a finalist for the U.S. State Department’s 2009 Award for
Corporate Excellence, which recognizes businesses that demonstrate good corporate citizenship (2009)
• Received Modern Materials Handling magazine’s 2008 Innovation Productivity Award for innovative
use of a robotic fulfillment system, called KIVA, now operating in two of Staples Advantage’s 37
fulfillment centers in the U.S. (2008)
• Staples Advantage Call Centers have been recognized by J.D. Power and Associates for providing “An
Outstanding Customer Service Experience” for six years in a row*
• Jay Baitler, Executive Vice President of Staples Advantage, named to Supply & Demand Chain Executive
magazine’s Provider Pros to Know (2004 – 2008)
• Staples Advantage named to Supply & Demand Chain Executive magazine’s Executive 100 (2003–2008)
• City Business Journals Network’s “American Brand Excellence Award” (2007-2008)
Environmental Awards and Recognitions
• Ranked #20 in Newsweek’s Top 500 Green Companies – ranked #2 within the retail industry
• Recognized as one of the “World’s Top 20 Sustainable Stocks” by SustainableBusiness.com (2008)
• In September 2009, for the sixth consecutive year, Staples was selected as a component of the Dow Jones
Sustainability Indexes (DJSI). Staples scored 64 compared to average industry score of 47, The DJSI
track the performance of sustainability leaders on a global scale
• Staples Advantage Canada was awarded ISO 14001 Environmental Certification in March 2009, joining
Staples’ other certified business sites in France, Denmark, Germany, the Netherlands, Sweden and the
U.K.
• Corporate Express, a Staples company, was named the 2008 “Sustainable Company of the Year” in the
eighth annual Australian Sustainability Awards
• Recipient of the National Recycling Coalition’s 11th annual Recycling Works Award for its broad-
reaching efforts to promote recycling and waste reduction among its customers and throughout its
operations (May 2009)
• EPA Green Power Partnership Award (2008) and Green Power Leadership Award (2007) recognizing
leading national purchasers of green power
• EPA 2007 Climate Protection Award. This award places Staples among some of the world’s most
accomplished businesses and organizations working to protect the climate
• EPA Merit Award presented to Staples fleet director Mike Payette for Staples’ initiatives to reduce fuel
use by delivery trucks (April 2009)
• As of the beginning of 2009, Staples ranked #5 among all retailers, #15 among Fortune 500 companies
and #28 among all companies nationwide for use of green power by EPA Green Power Partnership
program
• Named Corporate Citizen of the Year by New England Clean Energy Council – recognizing Staples’ for
its outstanding efforts in clean energy and innovative recycling programs (2008)
• Received “Honorable Mention” in 2008 Green Dot Awards for Staples® brand environmentally
preferable paper made from recycled sugarcane waste – the Green Dot Awards celebrate excellence in
green products and services
• Safer Detergents Stewardship Initiative (SDSI) Champion Recognition (2008) – Awarded to Corporate
Express, a Staples company, by EPA 's Design for the Environment Program, for commitment to reducing
toxic chemicals in its Sustainable Earth® brand cleaning supplies
• Named South Florida Hispanic Chamber of Commerce’s 2009 “Green Company of the Year” (September
2009)
• Ranked #2 on Area’s Greenest Publicly Traded Companies list compiled by Boston Business Journal
(2008)
• Staples’ Sustainable Earth® brand cleaning products received 2007 Most Innovative Green Products
award from the ISSA Worldwide Cleaning Industry Association
• 2007 Climate Champion Award by Clean Air - Cool Planet (CA-CP), the leading nonprofit working to
find and promote solutions to global warming in the Northeast (October 2007)
• 2007 AltWheels “Green Pioneer” Award honoring Staples for its position as the largest private user of
solar power in New England (September 2007)
Diversity Awards and Recognitions
• Ranked #29 on Diversity MBA Magazine’s 50 Best Places for Diverse Managers to Work (2009)
• Tara Spann, Director of Diversity Initiatives for Staples, named to Diversity MBA Magazine’s Top 100
Diverse Emerging Leaders (2009)
• Readers’ Choice Award: A Best Diversity Company by DiversityCareers.com (2007)
• Named to America’s Top 50 Corporations for Multicultural Business Opportunities by
DiversityBusiness.com (2007–2009)
• Selected as #56 on “Top 60 companies for Hispanics” in 2008 by Hispanic Business magazine
• Achieved a score of 93 on the Human Rights Campaign Corporate Equality Index, which rates 590
businesses on a scale from 0 to 100 based on lesbian, gay and transgender workplace policies and benefits
(2010)
• PNC MWDBE Strategic Partnership Award (2006)
• Awarded the New York Life Silver Star Prime Award for Supplier Diversity (2005, 2006)
E-Commerce Awards and Recognitions
• Staples ranked #2 on Internet Retailer Magazine’s Top 500 largest e-tailers list (2007–2009); ranked #1 in
total Web sales in the Office Supply Industry
• Web Marketing Association presented its WebAward to StaplesLink.com® for B2B Standard of
Excellence, two consecutive years (2006–2007)
• EWay.com™ has received both the AIIM Best Practices Award and ADT Innovator Award for
excellence in technology leadership
2) Supply three references/testimonials from customers similar to NJPA Members. Please include the customer’s name,
contact, and phone number.
Health Science Center
Texas Tech University
3601 4th Street STOP 9021
Lubbock, TX 79430
Donald Sarchet
Sr. Director - Purchasing
Ph: 806-743-7841
Texas Tech University
Drane Hall
Lubbock, TX 79409
Jennifer Adling
Dir. of Contracting & Purchasing
806-742-3844
Oakland Schools
2111 PONTIAC LAKE RD
WATERFORD, MI 48328
Katrina Brunette, CPPO, CPPB
Procurement & Contracting Mgr
248-209-2032
3) Provide names and addresses of the top five (5) governmental or education customers and dollar volumes from the
past year.
NYC Board OF Education Schools Commonwealth of Pennsylvania New York State
65 Court Street 555 Walnut Street, 6th Floor Corning Tower – Room 3845
Brooklyn, NY 11201 Harrisburg, PA 17101 Albany, NY 12242
Sales: $36,010,896 Sales: $15,758,525 Sales: $7,519,272
New York University UNC Chapel Hill
726 Broadway 2nd Floor 104 Airport Drive, Suite 2700
New York, NY 10003 Chapel Hill, NC 27599
Sales: $5,661,892 Sales: $4,578,162
4) Provide documentation indicating the total dollar volume for each of your sales to government, education, and non-
profit agencies for the last three (3) fiscal years.
CUSTOMER TYPE 07 Sales 08 Sales 09 Sales
GOVERNMENT $90,599,643 $121,713,893 $134,267,660
EDUCATION $237,157,590 $249,639,198 $254,268,091
NON-PROFIT $53,071,359 $61,083,274 $65,245,228
Tab 3: Proposer’s ability to sell and service nationwide.
1) Please describe your sales force in terms of numbers, geographic dispersion, and the proportion of their attention
focused on the sale of the products/services contemplated in this RFP? a) Are these individuals your employees, or
are they employees of a third party?
Staples has a national service footprint that provides sales and distribution coverage for the entire U.S., with more
than 2,000 sales and support positions employed directly by Staples whose sole responsibility is for the sales of
the products/services contemplated in this RFP and are nationally dispersed throughout sales offices in the
following locations:
Central Region
Albuquerque, NM
Austin, TX
Baton Rouge, LA
Colorado Springs, CO
Corpus Christi, TX
Arlington, TX
Coppell, TX
Aurora, CO
Greenwood Village, CO
El Paso, TX
New Orleans, LA
Houston, TX
San Antonio, TX
Central North Region
Arden Hills, MN
Beloit, WI
Chicago, IL
Urbandale, IA
Eau Claire, WI
Franklin Park, IL
Green Bay, WI
Joliet, IL
Lincolnshire, IL
Madison, WI
Mankato, MN
Maquoketa, IA
Brookfield, WI
Minneapolis, MN
New Brighton, MN
Oak Creek, WI
Omaha, NE
Onalaska, WI
East Peoria, IL
Stevens Point, WI
Woodridge, IL
MidSouth Region
Bessemer, AL
Birmingham, AL
Brentwood, TN
Chattanooga, TN
Huntsville, AL
Kansas City, MO
Knoxville, TN
Little Rock, AR
Lowell, AR
Memphis, TN
Mobile, AL
Brentwood, TN
Oklahoma City, OK
Overland Park, KS
St. Louis, MO
Tulsa, OK
Mid-Atlantic Region
Charlotte, NC
Chesapeake, VA
Sterling, VA
Greensboro, NC
Hanover, MD
Henderson, NC
Raleigh, NC
Richmond, VA
Salisbury, MD
Vienna, VA
Midwest Region
Cincinnati, OH
Cleveland, OH
Worthington, OH
Novi, MI
Indianapolis, IN
Louisville, KY
Richfield, OH
South Bend, IN
Southfield, MI
Traverse City, MI
Wyoming, MI
Northeast Region
Albany, NY
Bedford, NH
Vestal, NY
Amherst, NY
Cromwell, Ct
Erie, PA
Foxboro, MA
Lawrence, MA
Pittsburgh, PA
Poughkeepsie, NY
Rochester, NY
Sharon, MA
Stratford, CT
East Syracuse, NY
Trumbull, CT
Westboro, MA
Northwest Region
Alameda, CA
Anchorage, AK
Auburn, WA
Fresno, CA
Idaho Falls, ID
Portland, OR
Sacramento, CA
Federal Way, WA
Wilsonville, OR
Southeast Region
Atlanta, GA
Columbia, SC
Forest Park, GA
Fort Myers, FL
Ft. Lauderdale, FL
Greenville,SC
Jacksonville, Fl
LaGrange, GA
Macon, GA
Maitland, FL
Marietta, GA
North Charleston, SC
Ocala, FL Orlando, FL
Pembroke Park, FL
Savannah, GA
St. Petersburg, FL
Tampa, FL
Southwest Region
Los Angeles, CA
La Mirada, CA
Las Vegas, NV
Monrovia, CA
Ontario, CA
Phoenix, AZ
Poway, CA
Salt Lake City, UT
Simi Valley, CA
San Diego, CA
Tri-State Region
Aston, PA
Valley Stream, NY
New Cumberland, PA
Englewood, NJ
Parsippany, NJ
New York, NY
Bristol, PA
2) Please describe your service force in terms of numbers, geographic dispersion, and the proportion of their attention
focused on the sale of the products/services contemplated in this RFP? a) Are these individuals your employees, or are
they employees of a third party?
Staples doesn’t believe in outsourcing our customer service. Instead, we operate our own network of customer
service call centers staffed with Staples associates whose sole responsibility is to handle all customer service
inquiries and provide a consistent customer service experience related to the products/services contemplated in
this RFP. Within our call centers, we’ve built a “One and Done” culture where every customer service associate is
empowered to resolve a customer’s question on the very first contact, without the need to transfer the call or have
the customer call back. This helps keep NJPA and its members’ end users productive and focused on the tasks
most essential to their respective organization.
• Staples has four (4) call centers in Englewood, NJ; Rochester, NY; Baton Rouge, LA; Halifax, Nova
Scotia
• Call centers employ approximately 500 customer service associates and handle approximately 4 million
telephone, e-mail and fax inquiries from customers per year
• Call center associates are required to attend an extensive 3-week training program that includes customer
service skills, procedures, product information and problem resolution
• Associates’ performance is measured monthly based on their ability to provide extraordinary customer
service and first contact resolution
3) Describe in detail your customer service program regarding process and procedure. Please include, where
appropriate, response time commitments.
Staples is committed to providing our customers with the best service in the industry. To ensure the highest levels
of customer satisfaction at all times, we offer NJPA and its members a team of knowledgeable and highly-trained
Customer Service Representatives who provide first-contact service resolution and support for your end users.
Differentiator: Staples Advantage Call Centers have been recognized by J.D. Power and Associates for providing
“An Outstanding Customer Service Experience” for six years in a row. To achieve certification, a call center must
perform within the top 20% of customer service based on cross-industry customer satisfaction research.
Staples’ Customer Service will provide NJPA and its member end users with
daily, ongoing support for the following needs:
• Placing orders
• Verifying pricing
• Checking order status
• Confirming inventory levels
• Cross-referencing stock numbers
• Expediting rush and will-call orders
• Handling customer returns and credits
• Handling special service requirements
• And more
Customer service is available Mon – Fri. from 8 am to 8 pm EST anywhere in
the 48 contiguous United States, Alaska, Hawaii and Puerto Rico.
Call Center Team Structure
Staples’ Customer Service teams consist of the following individuals:
Customer Service
Representative
(CSR)
Responsible for order entry, problem resolution and
providing order status and product information. This
individual has ongoing direct contact with your end users
and works to develop a strong knowledge of the specifics
of your account.
Order Resolution Associate
This specialist focuses only on order entry, which results
in greater efficiencies in time and accuracy.
Team Manager
The Team Manager is responsible for coordinating the
activities of the Customer Service Representatives in each
group, ensuring that each account is supported with
sufficient resources and that appropriate procedures are in
place and enforced. The Team Manager reports to the
Assistant Contact Center Manager and handles escalated
issues, involving cross-functional teams, such as Supply
Chain, IS, Credit, etc., as needed.
Customer Operations Team
Staples has a dedicated Customer Outreach Team to
proactively communicate with our customers about
exceptions to next-business-day-shipment. Customers are
notified in that rare instance that product cancellations
occur. Where applicable, we suggest substitute items if we
are unable to fill the original request.
Quality Assurance/Continuous Improvement
Staples has Process Excellence programs in place to improve customer satisfaction and the customer service
experience within our call centers.
These initiatives are led by two teams:
• The Quality Assurance (QA) Team is committed to providing exceptional customer service by
monitoring the contact between our customer service associates and our customers. They report on key
customer service trends and results that are important to the business and provide coaching to associates
and managers to improve the quality of their customer interactions. Quality Analysts are located within
most of our customer call centers.
• The Continuous Improvement (CI) Team is committed to developing systematic and breakthrough
improvements that will significantly enhance and simplify customer experiences. Examples of current
projects include: (a) improving pro-active customer contact procedures to make the interaction more
productive; (b) analyzing our customer service associates’ activities and behaviors during the flow of a
call to better understand ways we can increase response times; and (c) improving our proactive delivery
delay notification rates for UPS orders. Issues identified by QA and/or the business are shared with the
CI team. The CI team then takes those issues and uses a Lean Six Sigma approach to solve problems and
achieve process improvement.
Quality Assurance Monitoring
Staples’ managers and QA Team staff use an automated monitoring solution to track and record every call that
comes through any of our North American customer service centers. Both the phone conversation, and the CSR’s
computer display, are featured for the manager’s review, providing a complete picture of the agents’ level of
service. E-mail and data entry are also monitored. The QA Analyst/manager evaluates the call and provides
feedback to the management team and the associate.
There are several standards by which quality is measured through monitoring. These standards are used as a
guideline to train our CSRs.
• Easy Service Model: Measures associates by their willingness to help the customer, professionalism and
listening
• One and Done: Measures associates by their ability to resolve customer questions on first contact. Our
goal is to provide first contact resolution at least 95% of the time
Customer Service Call Center Facts / Statistics
Average problem resolution response time Within 4 hours
Average speed of answer
Our goal is to answer 70% of
calls within 20 seconds
Average hold time 15 seconds
Average abandoned call rate 3.5%
Average length of call 6 minutes
Average time to return a phone call Within 1 hour
First call resolution rate (% of inquiries
resolved on first contact) 86%
Time to enter an order – by phone Order entry is immediate with
the customer on the phone. Our
goal is to answer 70% of calls
within 20 seconds
Time to enter an order – by fax/e-mail For fax orders placed before 5
PM (local market time for the
warehouse where the order is
shipping from), entry is
processed the same day.
Typical e-mail response is
within 4 hrs
Call center hours of operation
8 a.m. through 8 p.m. EST,
Monday through Friday
Hours of technical support
8 a.m. through 8 p.m. EST,
Monday through Friday
Number of associates employed within call
centers
Approx. 500
Average number of emails, phone calls and fax
inquiries handled by call centers per year Approx. 4 million
Average tenure of customer service reps 3.6 years
4) Identify any geographic areas or NJPA market segments of the United States you will NOT be serving through the
proposed contract.
Staples will not exclude service in geographic areas or NJPA market segments in the United States.
5) Identify any of NJPA Member segments you will NOT be serving? (Government, Education, Non-profit)
Staples will serve all member segments.
Tab 4: Marketing Plan
The vendor has requested
Tab 4 (Marketing Plan)
remain confidential and has been redacted.
Tab 5: Value Added Attributes
1) Describe any training programs available as options for members.
In our experience, we’ve found that training is essential to the success of program acceptance and ongoing
program compliance. Staples can conduct a comprehensive end user training campaign for NJPA members, timed
with their respective launch and customizable to each member’s unique needs.
On-Site/Live Training
We have the ability to conduct training classes at member locations to educate users on the ease and functionality
of our e-commerce site, StaplesLink.com®. This will be highly beneficial to member end users, with accessible
times and dates for them to come in and learn all of the site’s features and enhancements so they can experience
the easiest buying experience. We have the ability to announce these trainings via customized e-mails and poster
announcements weeks in advance.
Training Materials
Prior to training, end users may elect to receive a Staples welcome kit that includes program information, ordering
Web site login credentials, a Staples catalog and a number of essential training materials. We offer both hard-copy
and electronic versions of these kits.
Sample training materials in welcome kit
Online Training
We offer an online training tour accessible anytime through the Customer Service support page on StaplesLink.
The tour provides an interactive overview of the site and its key shopping and administrative control features.
Ordering Handbook StaplesLink Quick Tips User Guide
Seminars
Staples also has the ability to facilitate seminars on topics such as ergonomics, workplace organization and
security solutions. We can also provide seminars on new StaplesLink functionalities and enhancements. We will
work with interested members to determine the appropriate schedule of seminars to get the most participation.
2) Describe technological advances your proposal products/services offer.
Online/virtual catalogs
Our online/virtual catalogs offer the easy browsing experience of a paper catalog with additional conveniences,
such as:
• Keyword and item number search functionality
• Page bookmarks
• The ability to create, print and e-mail office supply “wish lists” to the person responsible for ordering
office products through your Staples e-commerce site
• New “click to buy” feature that enables you to add products to your shopping lists on your Staples e-
commerce ordering site directly from the online catalog.
Since these catalogs are online, end users can access them any time. We have online versions for most of our
catalogs, providing end users with a faster, more flexible and more environmentally-responsible way to find what
they need.
World-class Ordering Web site
To achieve a lowest total cost office supplies program, it’s essential that NJPA and its members maximize the
efficiencies of online ordering. As the nation’s second largest internet retailer, Staples has the expertise and
technology to customize a flexible e-commerce solution that’s right for you.
NJPA and its members will benefit from a robust e-commerce solution that:
• Reduces the time your end users spend ordering
• Lowers your internal ordering costs
• Provides greater spend control and management
• Works with your existing e-commerce or e-procurement systems
• Is scaleable to grow with your organization
With immediate access to your products and next-business-day shipping, our Web site, StaplesLink.com®, makes
ordering office supplies easy. As a true testament to StaplesLink’s functionality and ease of use, more than 93%
of our customer orders are processed electronically, helping to support an efficient, low total delivered cost
procurement program.
Key site benefits include:
• Access to a secure, customized Web-based catalog displaying NJPA contract pricing
• Simple navigation, full color graphics and detailed product descriptions
• Ability to view the status of your order, including delivery date and detailed information for out of stock
or backordered products
• An online Returns feature that allows users to process a return request for items regardless of their order
method (online, phone, fax)
• Ability to order custom print items, custom stamps, nameplates, name badges and embossing seals all
with online proofing and with products included with users' normal orders
• Ability to order digital copy & print services (black & white and color copies, brochures, bound
presentations, wide-format prints, etc.) with online proofing and storage of documents for future revision,
customization and printing
• Comprehensive Administration features which make it easy to manage users, review and approve orders,
access online reports and customize StaplesLink for your end user community
• Your StaplesLink site can be customized for your specific payment options, such as Cost Center or P-
Card requirements.
Supply Chain Technology Investment
Our supply chain is the link that connects NJPA and its members with the products to keep your respective
organizations running smoothly. To maintain Staples’ leadership as the most efficient supplier in our industry, it’s
essential that we continue to invest in and enhance our delivery and distribution network, improving processes
and technology to deliver products faster – and at lower total cost – for NJPA. Because of Staples’ industry-
leading revenues and market capitalization, we are able to continually invest and re-invest in our supply chain to
drive further improvements. Please find an overview of our strategic supply chain investment plan.
Staples is continuously investing in technology that will improve order accuracy and the efficiency by which our
associates process and ship NJPA orders. In recent years, we’ve made a variety of systemic improvements,
including implementing pick-to-light, radio frequency and robotic picking technology in our fulfillment centers
and upgrading our delivery route optimization, least cost routing systems and package tracking solutions. These
investments ensure that every order is fulfilled and delivered to the highest quality standards. We allocate
substantial capital funds every year to pursue similar technology investments, all in an effort to leverage our asset
base, improve our response time and maintain our “Perfect Order” quality standard.
3) Describe your “Green” program as it relates to your company, your products, and your recycling program, including a
list of all green products accompanied by the certifying agency for each.
Our Commitment to Sustainability
From the development of the industry’s first environmental paper procurement policy to the launch of the first
nationwide retail computer recycling program, Staples has been a sustainable business leader. Our environmental
programs are part of our broader commitment to corporate responsibility – what we call Staples Soul. In addition
to operating our business sustainably, Staples Soul includes supporting the communities where we live and work,
promoting a culture of integrity and ethical business practices and fostering a diverse workforce and supplier base.
In 2007, we expanded our commitment to sustainability with the introduction of Staples EcoEasy, which is
focused on three key areas:
1. Operating our business in a manner that sustains the environment for our customers, associates, suppliers
and the global community
2. Providing office products that make a difference for the environment
3. Offering services that make it easy to do the right thing
Internal Sustainability Practices
Staples manages and monitors the environmental impacts of our operations, from our energy use to our
purchasing. We report on progress toward reducing our environmental footprint regularly in our corporate
responsibility reporting and on our public Web site.
Some of our major goals include:
• Reducing our absolute greenhouse gas emissions by 7% from 2001 to 2010
• Achieving at least 20% “Green Power” utilization through direct renewable energy projects and the
purchase of renewable energy certificates (RECs)
• Sourcing more than 50% of our paper products by volume from FSC certified sources by 2010 as market
demand and supply allows
To meet these goals, we’re taking a multi-faceted approach that includes:
Energy Efficiency
Through investment in energy-efficient technology and other energy conservation efforts, we’ve reduced energy
use per square foot by approximately 10% from 2001 to 2008.
Renewable Power Investment
Staples is currently ranked 15th on the EPA’s Fortune 500 Challenge list of
leading renewable energy purchasing companies. We host rooftop solar power
systems on 29 facilities nationwide, which in 2009 will produce approximately
4.9 million kWh of clean energy and prevent nearly 5.5 million pounds of greenhouse gas emissions. In early
2009 we commissioned the company’s first natural gas fuel cell, which along with a solar power system, now
contributes more than 90% of the energy for our 400,000 sq foot Ontario, Calif. fulfillment center.
A rooftop solar power system on our Killingly, CT warehouse
Green Building Design
We take a sustainable design approach to all our buildings and currently have nine facilities that are LEED
certified or pursuing LEED certification. Additionally, the company now operates six facilities that have achieved
the ISO 14001 designation.
Reducing the Carbon Impact of Our Delivery Fleet
Since 2006, we’ve saved more than 1.6 million gallons of diesel, nearly $2.8M in fuel costs and 18,000 tons of
CO2 emissions through initiatives that include limiting the top speed of our trucks to 60 mph and installing idle
limiting equipment to vehicles. We continue to optimize delivery routes and test alternative fuel vehicles to
reduce mileage, fuel use and emissions. We’re currently piloting two diesel-electric hybrid delivery trucks and
recently introduced the industry’s first all-electric, emissions-free delivery truck that can travel 100 miles on a
single battery charge.
Staples’ “zero emission” all-electric truck is the first of
its kind in the industry and an example of what we’re
doing to reduce the impact of our delivery fleet.
Recycling
In May 2009, Staples received the National Recycling Coalition’s 2009 Recycling Works Award for our recycling
practices. Across our business in 2008, we reported the recovery of:
• 34,000 tons of corrugated cardboard
• 732 tons of mixed paper
• 333 tons of shrink wrap
In 2008, we also recovered more than 5 million pounds of technology waste and this year, we’re on target to
recycle more than 50 million used ink and toner cartridges from customers.
Responsible Purchasing
Through our Supplier Code of Conduct and Environmental Paper Procurement Policy, we require suppliers to
follow environmentally-responsible sourcing standards to ensure the conservation of our natural resources.
Our Sustainability Programs for NJPA and its members
With Staples, you not only have a supplier who shares your corporate responsibility values, you have a consultant
to help you achieve your sustainability goals. We can help minimize NJPA and its member’s environmental
footprint through eco-preferable products and services that reduce the CO2, energy and waste impact of your
organization’s purchasing.
Staples’ differentiators that benefit NJPA and its members include:
• Strategic support from your Staples Account Manager who will recommend high-performing alternative
products to meet your environmental goals and provide regular benchmarking and reporting of your
environmental spend
• Outside consultation and strategic support from our Director of Environmental Initiatives who will help
shape a sustainability program that advances your goals
• Exclusive environmentally-preferable products offering the highest environmental attributes as well as
third-party environmental certification
• Value-add support from Staples’ Field Marketing team who can develop education campaigns to increase
end user compliance to your sustainable purchasing programs
Working collaboratively with you, Staples can customize a sustainability program for NJPA and its members that
leverage all or some of the following elements:
Environmental Product Assortment
From remanufactured ink and toner to recycled-content paper and furniture, Staples is your “One Source” for all
your sustainable purchasing needs. We offer more than 3,000 environmentally-preferable products, including
many that have achieved third-party certifications, such as GreenSeal™, GREENGUARD, ENERGY STAR,
ACMI, FSC, EPEAT and EPA’s Design for the Environment. These items are clearly marked and easily
searchable online and through our Green Guide catalog. We’re committed to offering high quality and cost
competitive environmental product alternatives.
Our eco-preferable product selection includes:
• More than 2,000 paper items (notebooks, writing pads, Post-it® notes, printing paper) with post-
consumer recycled content, including Staples® brand 50% and 100% recycled printing papers that are
also FSC certified
• Innovative and exclusive alternative fiber paper products, such as Staples® brand notebooks and paper
made from sugar cane fiber residue – the by-product of sugar manufacturing
• Pens, scissors, binders, organizers and other plastic products containing post-consumer recycled plastics
• Reduced-impact alternative products such as biodegradable packing peanuts and nontoxic, Green Seal™
certified cleaners
• Furniture and office panel systems made with high content post-consumer recycled materials (steel,
wood, etc.) that are also GREENGUARD or Indoor Advantage certified for promoting indoor air quality
excellence
• Wide selection of ENERGY STAR qualified and EPEAT registered technology from leading brands
• Sustainable Earth by Staples™ remanufactured toner, which is manufactured using an 1S0 14001-
certified process
To help drive end user behavior, your Staples Account Manager can customize your online ordering system to
automatically suggest or substitute eco-preferable options to your end users.
We recently introduced a new line of Staples® brand notebooks, legal paper and
composition paper made from 80% recycled sugarcane waste fiber. Exclusive to
Staples, this paper offers superior quality at prices competitive with traditional
virgin wood paper. It’s also better for the planet, helping to reduce the negative
environmental effects of deforestation.
We offer an exclusive brand of eco-preferable office furniture
systems (e3) made up of more than 60% recycled content.
Environmental Reporting
We make it easy for you to measures the impact of your sustainable initiatives through clear, detailed reporting
and quarterly Business Reviews.
Some of the environmental benefits/savings our reporting can calculate include:
• Recycled paper spend
• Usage of online catalogs in place of hard copy paper catalogs
• Order consolidation (increasing your average order size to reduce frequent deliveries)
Ink and Toner Recycling
By working together, we can ensure that cartridges don’t end up in landfills where they take 1,000 years to
decompose. Staples is committed to the highest level of environmental responsibility by recycling or reusing
100% of a cartridge’s components.
Not only do we have the ability to recycle NJPA and its member’s ink and toner cartridges, regardless of brand,
our drivers have the ability to collect them from your sites whenever deliveries are made. It’s that easy.
The process is simple:
• Arrange a pickup location with your delivery driver
• Securely package your empty cartridges in the original box, a copy paper box or any other appropriately
sized box
• Leave the box for your delivery driver to pick up at the designated location
Additionally, prepaid mailing labels are available online so member’s associates can simply mail back their empty
cartridges. We also offer full-pallet pickup for large quantities of empty cartridges to recycle.
Paper Catalog Reduction Programs
To help reduce paper waste, we offer convenient, easy-to-use online alternative versions of our Full Line,
Environmental Product and Technology catalogs. We can work with you to develop a campaign to transition your
end users from paper to online catalogs and provide reporting on the number of trees, CO2 emissions and water
saved as a result.
Environmental Education Campaigns
Staples offers NJPA and its members our Field Marketing team as a dedicated resource to develop customized e-
mails, brochures and other communication materials that promote end user compliance to your sustainability
initiatives and programs.
Sample end user campaigns include:
• Order consolidation campaigns that help minimize Staples’
truck deliveries to your locations, resulting in CO2 savings and
reduced packaging waste at your facilities
• Paper reduction and conservation campaigns
• Demand management campaigns to promote the usage of
environmentally-preferable product alternatives
Environmental Resources
Recognizing the growing importance of sustainability to our customers, we appointed a Director of
Environmental Initiatives whose sole responsibility is to work with our business customers and help them to
achieve their environmental goals. This Director has extensive knowledge of sustainability trends and issues and
provides insight into the best practices of our other customers to help NJPA and its members enhance their
programs.
The green product list exceeds 20 pages and has been submitted in electronic format only as directed in Section
3.11.
4) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations of your
organization directly involved in a Contract resulting from this RFP.
Staples has the ability to offer a Diversity One and Diversity Two program to assist in achieving diverse and small
business supplier spending goals.
Diversity One Program
Upon mutual agreement between Staples and an interested NJPA member, a Staples Diversity One program could
be made available that enables members to connect with an independently-owned and certified diverse office
products supplier. The supplier will collaborate with Staples to provide a fully-managed office supply program for
your national locations. We’ve formed strategic alliances with a number of highly-respected diverse and small
business office suppliers who have extensive experience serving Fortune 1000 and large institutional customers.
NJPA could benefit from:
• A diverse office supply program that meets the service, scope and reach a member may require
• Access to Staples’ strategic network of certified MBE, WBE, small business and veteran-owned office
suppliers
• Ability to significantly impact the growth and development of an independently-owned and small diverse
business
• Staples’ rigorous diverse supplier qualification process, which ensures that a member’s quality standards
will be met
• Staples’ proprietary eDiversity Network procurement site, which enables easy online purchasing from
your diverse office supplier
Bottom line: We don’t create diverse companies to meet the needs of our customers. Instead, we find successful,
independently-owned and credible diverse companies and help them to grow their businesses, create jobs and
expand their offerings. Staples provides all of our Diversity One suppliers with extensive coaching and mentoring
to build capacity within their organizations.
Diversity Two Program
Our Diversity Two program offers NJPA and its members access to a wide selection of high-quality products that
are manufactured by diverse and small business suppliers and available online and through our catalogs.
NJPA will benefit from:
• Our exclusive Diversity Products Solutions by Staples™ line, which makes it easier for you to meet your
diversity purchasing objectives by offering a broad assortment of products with the Staples® brand
quality guarantee
• Extensive selection of high-quality products that are easily identified by MBE and WBE symbols in our
catalogs and online
• Products across every office category – from office supplies to furniture, facility supplies and technology
products
• Access to more than 80 MWBE and small business vendors, representing $85 million in customer
purchases in 2008
• Detailed reporting and tracking of your diverse product spend
• Expert, consultative support from your Staples Account Manager, who will identify opportunities to drive
purchasing toward these product groups and report to a member on its progress
We will make every effort to recommend excellent cost-competitive alternatives from our large selection of
products from diverse and small business manufacturers.
5) Identify any other unique or custom value added attributes.
Promotional Items:
As the largest distributor of corporate branded merchandise in the U.S., Staples Promotional Products®
offers more than 700,000 high-quality promotional products at value prices and with fast turnaround.
NJPA and its members can count on us for your one-time special orders for trade shows or to develop a
fully managed branding program.
Printing
Staples Print Solutions is an industry leader in providing customers with a total print management
solution. From design to print, to fulfillment and distribution, we can manage your complete print supply
chain to help you better consolidate production, coordinate distribution and centralize inventory reporting
and accounting. NJPA and its members will gain full control of everything you print, while also reducing
costs.
Technology
Staples Technology Solutions (STS) is your “One Source” provider for IT-essential programs and
services. Our experts will analyze current technology purchasing and find ways to lower costs.
Everyday Technology Products
Whether you’re looking for one flash drive or 50, we can recommend the best products, negotiate the best
prices with our vendors and help with the implementation. Turn to STS for a host of core technology
products including:
• Keyboards and mice
• Headsets
• Flash drives
• External hard drives
• Shredders
• Privacy screens and laptop locks
• Digital cameras
• Printers and multi-function machines
• Monitors
• Conference room solutions – projectors, Webcams
• GPS
Facilities
Staples Facility Solutions is your one reliable source for all your janitorial, break room and other facility
supply needs. We leverage our extensive national distribution network and direct relationships to get
NJPA and its members competitive prices on all the best brands – Acme, Amrep, Dixie, Georgia-Pacific,
GOJO, Kimberly-Clark, JohnsonDiversey, Rubbermaid, 3M, Unger, and United Receptacle, to name a
few.
Our product offering includes, but is not limited to:
• Paper products and dispensers
• Receptacles and liners
• Environmentally-preferable cleaning chemicals
• Soap and skincare
• Mops, brooms and brushes
• Floor pads, sponges and abrasives
• Matting and floor maintenance equipment
• Facility maintenance supplies
• Coffee and break room supplies
• First Aid and safety supplies
Sustainable Earth by Staples™ Cleaning Solutions
Staples offers a wide selection of eco-conscious break room and janitorial supplies – from compostable
paper plates, towels and cups to Green Seal-certified towels and tissues, recycled can liners and more.
Additionally, we manufacture our own line of innovative, Green Seal-certified and EPA-registered
cleaning solutions under the brand name Sustainable Earth by Staples™. These products are not only
less harmful to the planet – they offer greater cost-in-use savings than traditional cleaners.
We offer Sustainable Earth by Staples™ cleaning products for everything from the floor to the ceiling,
including special cleaners for glass, washroom, graffiti and general purposes, as well as ready-to-use
cleaners.
Retail Stores:
As a division of the largest office supply retailer in the world, we offer the ability to make emergency,
same-day purchases at any of our 1,500 U.S. stores. Our Retail Purchasing Program is a powerful tool for
ensuring program compliance and allows your members’ end users to get what they need, when they need
it, without going outside their established office supply program.
Registration is easy. Members can either register for a Staples Convenience Card or register their
Procurement Cards (P-Cards) online to take advantage of the program.
Benefits of Staples Procurement Cards
• Gives you your company’s contract price, or the retail price, whichever is lower at the time of
purchase
• Available when you link your Discover, American Express, MasterCard or Visa credit cards to
your program
• Registration is quick and easy – once submitted, users will receive confirmation within minutes
Benefits of the Staples Convenience Card
• Receive the same benefits as the Staples Procurement Card when you sign up for a Staples
Convenience Card
• Bills directly to your company’s Staples account
• Spending is monitored via your monthly usage reports
In addition to office supplies, end users can receive a minimum 10% discount on most services offered in
our in-store Copy & Print Centers.
Reporting
We have the ability to provide up to Level III reporting depending on how a retail purchase is made.
• Convenience Card – If a member makes a retail purchase with a Staples Convenience Card,
his/her purchase will appear in their organization’s regular Staples invoice with Level III
reporting information. This gives the member’s procurement organization the ability to more
closely monitor purchases made by associates at Staples retail stores for office supplies, copy
services and furniture.
• Procurement/Credit Card – If a member makes a purchase using their registered Procurement
Card, Staples sends the purchase information to the bank issuing the credit card. The information
will appear on the member’s monthly statement with Level I, II or III information depending on
what level of information the bank accepts, as well as what is transmitted to the credit card
company. Level III is currently available for Visa and MasterCard P-Cards; Amex and Discover
Card reporting would be Level I.
Usage reporting levels:
Staples Copy & Print Centers
Since many of our customers also turn to Staples for their print needs, we have created a program where
contract customers can make in-store copy and print purchases. This program offers the additional
benefits of a billing system utilizing the Convenience Card or registered company Procurement Card and
usage reporting. For members using Staples Convenience Cards, copy purchases will appear on your
organization’s regular Staples invoice.
Every Staples store is equipped to provide the following:
Copy Services
• Digital Color
• Digital Black & White
• Large Format
• Self-Serve (available only for registered credit cards, not Convenience Cards)
Finishing Services
• Binding
• Folding
• Cutting
• Laminating
Print Services
• Business Cards, Forms and Stationery
• Signs and Banners
• Custom Engraving
• Promotional Items
Level I
• Date
• Amount
• Commodity Type
• Establishment
Level II
• Level I Information
• Sales Tax Amount
• Ship-to Zip Code
• Card Member Reference Number (Budget
Center, PO, or Order Number)
Level III
• Level I and II Information
• Item #
• Item Description
• Item Quantity
• Unit of Measure (UOM)
And More
• Faxing
• Disk Acceptance
• Custom Stamps
6) Identify any service contract options included in the proposed price, or offered as a proposed option, for the products
or services being offered.
N/A
7) Identify your ability and willingness to service Canada specifically and internationally in general.
Staples is willing to explore providing goods and services to NJPA members located outside the United States.
Sales to such locations will be made in accordance with the operational requirements of our non-US businesses,
as well as the requirements of applicable local law. Please note that expanding the use of this contract into other
countries will require addenda to the contract, as Staples uses separate legal entities in its non-US operations.
8) Describe any unique distribution method employed in your proposal.
Staples has developed a distribution model that not only assures accurate and on-time delivery, but continually
works to reduce cost, waste and environmental impact from your supply chain and internal shipping and receiving
processes.
Our distribution model for NJPA and its members is based on three principles:
• Ensuring that all deliveries arrive on-time and intact, exactly as ordered by your users (what we
call “The Perfect Order”).
o Our extensive fulfillment center network helps maintain a nationwide fill rate for next-business-
day shipment of close to 98%.
o Our Lean Six Sigma quality approach and automated warehouse systems drive continuous service
improvement to your locations.
• Collaborating with NJPA and its members to optimize delivery schedules and processes to achieve
soft cost and environmental savings.
o Each Staples Account Team will work with members to minimize frequent Staples truck
deliveries by helping you to consolidate and group your small orders. These efforts have saved
thousands of tons of CO2 emissions and have enabled some customers to reduce packaging waste
by up to 20%, resulting in reduced waste removal costs. Members will also gain soft cost savings
through the reduction of POs, invoices and deliveries resulting from order and delivery
consolidation.
o Members can reduce the delivery and processing costs incurred from working with many
different vendors through Staples’ ability to support your proprietary products and consolidate
your multiple product needs with one vendor.
• Providing effective cost containment that helps insulate NJPA and its members against rising
transportation and fuel costs.
o Our fulfillment centers are strategically located close to our delivery partners, vendors and
customers to ensure that we always keep our network costs low. Through our acquisition of
Corporate Express, we’ve captured even more synergies and our network is becoming even more
streamlined.
o Through our ability to limit delivery trips as described above, we are better able to avoid the fuel
surcharges that some suppliers pass on to customers as their transportation costs increase.
o Our truck fleet is ultra fuel- and cost-efficient due to innovations regulating speed and idling time.
On an annual basis, we save close to 540,000 gallons of fuel and offset about 6,000 tons of CO2
that would otherwise have entered the atmosphere. We are one of the only companies in the
nation to be piloting all-electric and hybrid-delivery trucks that can reduce fuel use by up to
100%.
At all times, our goal will be to execute the most effective and efficient delivery plan to meet NJPA’s and its
members’ needs - one that addresses the unique requirements of member locations yet can flex to grow with
changing needs. During a member implementation, Staples’ Account and Transportation Teams will assess
delivery requirements in more detail and design a plan that drives continual efficiencies to each respective
program.
Tab 6: Payment Terms and Financing Options
1) Identify your payment terms. (Net 30, etc.)
Staples’ standard payment terms are Net 30 days. (see additional payment language in Form C)
Procurement Cards (P-Cards) represented by one of the major credit cards (Visa, MasterCard, American Express,
and Discover) may also be used at the time of purchase.
For US retail purchases, NJPA members may participate in Staples’ convenience card and/or registered
procurement card programs by completing and signing Staples’ Convenience Card Application and/or Registered
Procurement Card Registration Form, which will be provided upon request. If an NJPA member elects to
participate in either of Staples’ programs, that member must comply with all of the terms and conditions set forth
in the applicable application and/or registration form.
2) Identify any applicable leasing or other financing options as defined herein.
N/A
3) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be
modified or refined during an NJPA member’s final Contract phase process).
Our key business goals center on helping our customers simplify the ordering process, eliminating hidden costs in
the procurement process and enhancing delivery accuracy through our B-TO-G order process. We offer a variety
of ordering and tracking methods to achieve these goals.
• Internet ordering through our proprietary e-commerce site
• Electronic Data Interchange (EDI)
• Third-party interface
• Procurement cards
• Fax (single toll-free number)
• Telephone (single toll-free number)
Staples has extensive expertise in e-procurement implementations. Currently, we have more than four million
users who are serviced by our e-commerce web site StaplesLink.com® either directly or through an e-
procurement application. With 93% of all orders placed online, we lead the industry in online ordering
compliance.
Stapleslink.com
Staples has the unique expertise to customize an e-procurement solution to help better control your costs,
streamline your ordering process, increase program compliance and minimize your time spent on procurement.
We’re constantly enhancing and investing in our technology to give you access to the very best solutions
available.
Our key differentiators include:
• Award-winning proprietary ordering Web site (StaplesLink.com®) with easy ordering features,
robust procurement controls and reporting
• The ability to integrate seamlessly with nearly every third-party procurement platform or e-
marketplace site within 30 days
• Dedicated e-procurement teams who provide consultative support to design a solution that works for
your unique needs
• Industry-leading 93% of customer orders placed electronically, enabling a lowest-total-delivered-cost
procurement program
Easy Ordering Tools
StaplesLink offers NJPA and its members an easy ordering experience and provides instant access to the NJPA
product assortment. Key features include:
• Easy Search and Navigation – Quickly find products by entering a keyword or item number. Narrow your
results by category, brand, previously ordered, recycled or MWBE
• Ink & Toner Finder – Quickly find toner and ink replacement products for your business machines simply
by clicking on model type
• Order Tracking and Status – Track orders, including the quantity of items ordered, delivery status and
proof of delivery
• Customizable Print Products – Customize business cards, greeting cards, rubber stamps, nameplates and
other personalized products using your own design or standard company templates
• Digital Copy & Print Ordering – From black & white and color copies, to presentations, brochures and
wide-format posters, you can order your digital copy & print projects, anytime, anywhere, using our
“Print Services” tab. Upload and configure your documents, view online proofs and store your projects
for quick re-ordering. We can ship materials to one destination or distribute them anywhere across the
country
• Online Returns – Returns are time consuming and add another level of cost. We make it easy by allowing
you to process returns online
• Shopping Lists – Create and save lists of frequently ordered items for faster re-ordering. Create global
shopping lists of preferred/contract items to help departments stay in compliance
• Line Item Budget Centers – Assign a budget center to each line item of an order, eliminating the need to
place a different order for each budget
Online Procurement Controls
We can customize our platform to give NJPA and its members greater financial and administrative control over
purchasing, whether integrated with existing e-procurement systems or on its own. We offer:
• User/Location Management – Easily add new users, supervisors and account administrators and remove
or add shipping locations
• Approval Requirements – Establish spending limits and approval routing to keep track of account
expenditures by user/departments
• Small Order Controls – As part of our ongoing efforts to help you maximize order efficiencies, we’ll help
you implement “hard stop” order controls that prevent users from placing orders under a minimum
amount
• Customization Features – We can customize your platform with special instructions and messages to help
keep users in program compliance and make sure each order contains key business identifiers like
purchase order number, cost center information and GL codes
Normal Business Hours
Monday through Friday, 8:00 a.m. to 6:00 p.m. in each of the forty-eight contiguous United States time zones,
excluding days on which Supplier is not open for business in the United States of America.
Minimum Purchase Orders
Order size and order frequency contribute significant costs to customers’ office supply programs. Industry
statistics show that every order transaction processed can incur costs of $20 to upwards of $100 dollars,
depending on an organization’s labor costs and method of placing orders. These costs increase when you consider
environmental factors, such as the additional packaging materials included in multiple deliveries and the increase
in carbon emissions expelled by delivery trucks.
To minimize these costs, Staples has developed a best practice of implementing order size standards with our
customers. These standards reduce the frequency of small, inefficient orders (e.g., orders for one box of pens).
This decreases delivery trips and order processing costs and leads to mutual cost savings for both NJPA and
Staples. It also helps the environment by significantly reducing carbon emissions from delivery trucks and paper
waste from boxes and other packaging materials.
Unless otherwise mutually agreed to by Staples and an NJPA member, NJPA and its members shall have a
minimum order size of $35.00 per order (“Minimum Order Size”). In the event a member places an order below
its Minimum Order Size, the member will be notified that the order cannot be processed.
Tab 7: Warranty
1) Describe, in detail, your Warranty Program including conditions to qualify, claims procedure, and overall structure.
As a distributor for hundreds of manufacturers, Staples will provide participating NJPA members with a “pass-
through” of manufacturer warranties.
Manufacturer Warranties
After the applicable Staples return period expires, you may contact the manufacturer directly for other return
options, including manufacturer warranties. Because Staples is not a manufacturer, we expressly disclaim any
warranties associated with the products, but a warranty may be available from the manufacturer as indicated in the
instructions included with the product. Staples assigns to our customers any applicable manufacturer warranties to
the fullest extent that such warranties maybe assignable, and will reasonably assist in coordinating the repair and
replacement of the product by the manufacturer. If needed, you can call Staples customer service for assistance in
contacting the manufacturer.
2) Do all warranties cover all material and labor?
See question #35 above
3) Do warranties impose usage limit restrictions?
See question #35 above
4) Do warranties cover the technicians travel time to perform warranty repairs?
See question #35 above
5) Please list any other limitations or circumstances that would not be covered under your warranty.
See question #35 above
6) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform
warranty repairs. How do NJPA Members in these regions receive warranty work?
See question #35 above
Tab 8: Other Cooperative Procurement Contracts Held
1) Identify all cooperative governmental procurement contracts which are marketed in more than one state held or
utilized by the Proposer.
NJPA, AEPA, National IPA, NPP and WSCA.
2) Identify all government or state procurement contracts held or utilized by the Proposer with any State of the United
States.
Staples holds single or multiple award with the following States: AL, AK, AZ, CO, CT, GA, IN, KS, LA, MD,
MT, NV, NJ, NM, NY, OK, PA, SC, UT, VT, WI.
3) Identify any GSA Contracts held or utilized by the Proposer.
A separate division of Staples Contract & Commercial, Inc. maintains Staples’ sales agreements with the GSA.
Additional information about Staples’ agreement(s) with the GSA will be provided upon request.
4) If you are awarded the NJPA contract, are there any market segments (e.g., higher education, county governments,
etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so,
please identify those markets and which cooperative purchasing agreement will be your primary vehicle.
Staples presently has a contract in place with the National Intergovernmental Purchasing Alliance (“NIPA”).
Staples proposes that its agreement with NIPA will be used as Staples’ primary offering to county governments
for the remainder of the term of said contract. This will not, however, preclude the use of Staples’ contract with
NJPA with any county government that requests to utilize the NJPA/Staples contract.
Tab 9: Products/Services and Pricing
5) Provide a general narrative description of the products/services and services you are offering in your proposal.
Staples can help NJPA and its members manage all of their needs, resulting in reduced procurement and invoicing
costs, superior program management and reporting, as well as service improvements – all with one point of
contact. Our “One Source” solution includes comprehensive programs and services for office supplies, classroom
supplies, technology, printing, promotional products, furniture and facility supplies.
For the avoidance of doubt, Staples will service NJPA and its members using Staples' legacy systems, and will not
provide its products and services via the legacy systems of Corporate Express.
6) Provide a general narrative description of your pricing model identifying how the model works (line item and/or
percentage discount).
To provide NJPA and its members with a stable and auditable pricing structure, Staples proposes a line item
offering consisting of fixed prices and set terms for price adjustments. The proposed line item method avoids the
potential pricing and audit shortfalls inherent in a formulary discount method which could include cost plus or
discounts from list price with margin floors.
Core List Pricing: Those items listed on the “Core List” file that represents net priced items which are inclusive of
those products predicted to be the most commonly used products by NJPA and its members.
To add pricing stability to the contract, prices for Core List Pricing items shall be fixed during each
calendar year period, January 1st to December 31st, and such prices shall be updated effective January 1st
each year. Staples may request a price change adjustment for Core List items by submitting to NJPA
thirty (30) days prior to January 1st a price change addendum.
Hot List Pricing: Those items listed on the “Hot List” file that represents aggressively priced products whose cost
of acquisition may be sensitive to changing market conditions. These items may include, but are limited to,
paper, paper related items, and petroleum based products.
Staples may request a price change adjustment for Hot List Pricing items by submitting to NJPA, no more
than once a calendar quarter, a request for price adjustment(s).
New/Discontinued Items: Each calendar quarter, Staples will provide NJPA with an updated report, which shall
identify the SKU numbers and prices for the new items that Staples added to the Core List or Hot List after the
date of the prior quarter’s report received by NJPA, as well as remove those items that were discontinued after the
date of the prior quarter’s report.
Copy & Print items: Since many of our customers also turn to Staples for their print needs, we have the following
options for NJPA and its members to make such purchases:
Custom Print
From business cards and stationery to greeting cards, stamps and nameplates, we offer a wide selection of
high-quality print products that can be ordered on the same award-winning Web site as your office
supplies. NJPA and members can upload its pre-approved organization templates to ensure brand
consistency while giving users the ability to personalize their print products and proof them online before
submitting their orders. We’ll deliver exactly the way you approved it.
Digital Copy & Print
We operate a national network of closed door, non-retail digital-print-on-demand production facilities to
produce your sales and marketing collateral, signage, presentations and other mission-critical documents.
These facilities are managed by industry experts who use a rigorous control process and leading-edge
technology to ensure the highest quality. Our Web-to-print ordering system enables you to upload, save
and reconfigure documents and place orders for nationwide delivery.
Our capabilities include, but are not limited to:
• Digital color and high-speed black & white copying
• Wide-format, color printing and finishing
• Complete binding and finishing services
• CD/DVD duplication
The prices for Custom Print and Digital Copy & Print shall be those prices that appear on
www.stapleslink.com when ordered or as otherwise established between Staples and each member at the
time the order is placed.
Staples Retail Copy & Print Centers:
We have created a program where contract customers can make in-store copy and print purchases at a
minimum of a 10% discount. This program offers the additional benefits of a billing system utilizing a
Convenience Card or registered company Procurement Card and usage reporting. For members using
Staples Convenience Cards, copy purchases will appear on your organization’s regular Staples invoice.
7) Propose a strategy, process, and specific method of facilitating “Sourced Goods” solution as defined herein.
Staples’ contract customers frequently request we source goods and services on their behalf that could be non-
stock or custom in nature and are within the scope of our sourcing and distribution capabilities. Staples will also
facilitate access to these Sourced Goods and services to NJPA and its members.
Sourced Goods: Products which are not Core List items, Hot List items, but which are products or services that
relate to, or complete the need of, products included in the scope of the RFP that shall include, but are not limited
to, technology products, promotional products, custom print and digital copy products, custom stamps, beverage
services, wholesaler items and specials. If NJPA or a member wishes Staples to maintain a customer specific
inventory of Sourced Goods, that customer will be need to sign a proprietary products agreement with Staples.
The prices for Sourced Goods shall be those prices that appear on www.stapleslink.com when ordered or as
otherwise established between Staples and the applicable member at the time the order is placed. Sourced Goods
may include additional delivery or handling charges that would be the responsibility of the ordering member.
8) Provide an overall statement of method of pricing for individual line items, catalogs and category pricing with regard
to all products/services and being proposed. Provide a Manufacturer SKU number for each item being proposed.
For an overall statement of method of pricing, please see questions #46 and #47. Manufacturer SKU numbers for
the Core List are provided on the Core List file requested in question #49, as well as the Hot List.
PLEASE SEE END OF THIS TAB 9 FOR HOT LIST.
9) Provide a “CORE LIST” of products/services (as anticipated and defined by Proposer to meet or exceed the NJPA
members needs) as a separate and named spreadsheet. Include special pricing, if any, on these items.
As it exceeds 20 pages, the Core List has been submitted in electronic format only as directed in Section 3.11.
10) Provide, if any, your volume rebate programs.
Staples will pay each member a volume rebate of such member’s Net Sales annually, to be paid within thirty (30)
Calendar Days of each annual anniversary of the member’s first order date, calculated as follows or as otherwise
agreed to in writing by Staples and the member (“Volume Rebate”):
Net Sales Volume Rebate
$ 0.00 - $ 75,000 0%
$ 75,000.01 - $150,000 1%
$150,000.01 - $300,000 2%
$300,000.01 - $500,000 3%
$500,000.01 - $750,000 4%
$750,000.01 or more 5%
Payment of all Volume Rebates paid hereunder is (i) contingent upon the member paying all invoices within the
payment terms specified in the contract; and (ii) based on the individual member’s aggregate annual Net Sales and
is payable back to dollar one.
“Net Sales” - The gross sales price of the Core Items, Hot List Items, and Sourced Goods (collectively, the
“Products”) less shipping costs (including freight charges and insurance), taxes, duties, any rebates actually paid,
discounts and allowances actually taken, rejections and returns to the extent credit is given or paid, excluding
Product purchases made at Staples’ retail store locations.
11) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included “Pricing” submitted with
your proposal response. Identify to whom these items are payable and their relationship to Proposer.
There may be additional services available which are associated with certain products, which at the option of the
member may be purchased at the time of order. The costs for such services shall be paid to Staples by the
member. Please also see response to Sourced Goods in Question #47.
12) As an important part of the evaluation of your offer, you must indicate the level of pricing you are offering.
Prices offered in this proposal are:
________ a. The same as typically offered to an individual municipality or school district.
________ b. The same as typically offered to cooperative procurement organizations or state purchasing
departments.
___X____ c. Better than typically offered to cooperative procurement organizations or state purchasing
departments.
(Your proposal will be considered “Non-Responsive” if this question is not answered.)
13) Do you offer quantity or volume discounts? __X__ YES _____ NO Outline guidelines and program.
Staples will offer quantity or volume discounts to members as permissible in sections 4.22 & 4.23 “Ceiling
Prices”.
14) Describe your shipping, exchange and return program(s) and policy(s). Also specifically identify those programs as
they relate to Alaska and Hawaii.
Staples offers NJPA and its members fast, accurate and efficient delivery by operating one of the most extensive
and technologically-advanced distribution networks in the industry. Through our strategically-located fulfillment
centers and delivery operations, we’re able to maintain a nationwide fill rate for next-business-day shipments of
close to 98%. Every component of our delivery and distribution operations is tightly linked, enabling us to
quickly and accurately fill, deliver and track orders for NJPA and its members.
Key differentiators include:
• Automated warehouse processes ensure highest levels of order accuracy and on-time delivery
• Continuous service level and cost improvement driven by our Lean Six Sigma Process Excellence
approach
• Low cost, efficient network helps to better insulate NJPA from industry-wide increases in the cost of fuel
and transportation
• Focus on helping NJPA and its members consolidate deliveries and improve shipping and receiving
processes to reduce trash and waste removal costs
• Environmentally-responsible delivery approach helps ensure minimal carbon emissions and pollution in
NJPA and its members’ communities
• Ability to meet 5 day-a-week delivery needs
• Desktop and special delivery requirements are available upon mutual agreement between Staples and
member
• Enable NJPA and its members to track the progress of all deliveries from the time an order is placed to
delivery
5
U.S. Warehousing and Fulfillment
Staples offers NJPA and its members a network of 16 fulfillment centers (FCs) dedicated to achieving your next-
business-day office supply shipping needs. These FCs are highly automated, using radio frequency (RF), pick-to-
light and robotic technologies to increase speed, accuracy and efficiency and to continually improve our delivery
service. FCs are supported by a network of Service Delivery Operations (SDOs) that deliver product to our
customers through a mix of company-owned fleet vehicles and third-party courier operations. This “hybrid”
strategy enables us to use the best delivery method to meet NJPA’s specific requirements, regardless of
geographic location, and still deliver on our commitment to provide the lowest total delivered cost. Our FCs and
SDOs are both strategically located close to our delivery partners, vendors and customers to ensure that we
always keep our network costs low.
Fleet
Staples operates a fleet of more than 1,900 company-owned or leased delivery trucks. Our uniformed drivers are
held to high standards of delivery excellence and will work with NJPA and its members to understand and deliver
your specific requirements. They receive special customer-focused training and are equipped with 2-way
communications so we can resolve many problems on the spot, such as missing or damaged products.
Additionally, we maintain deep relationships with a core group of carefully selected third-party courier providers
for territories more effectively reached by their delivery networks. We hold these drivers to the same performance
metrics as our drivers to ensure consistent quality of delivery service. We use one package tracking system for all
carriers, including third party and UPS.
To further drive operational efficiencies to our business, we are constantly looking for new and innovative ways
to lower delivery costs.
• All of Staples’ fleet trucks have been equipped with governors that limit their top speed to 60mph. This
saves more than 540,000 gallons of diesel fuel per year and reduces the carbon footprint of our delivery
fleet
• Staples is piloting the industry’s first U.S. Isuzu Class 6 hybrid diesel-electric delivery trucks, were are
expected to achieve a 15% fuel efficiency improvement
• We recently introduced the industry’s first all-electric powered delivery truck that uses no fuel and emits
no CO2 and have plans to add as many as 100 more of these trucks to our fleet by 2011
Network Consolidation
As part our acquisition of Corporate Express (CE) in July 2008, Staples gained additional fulfillment centers that
were originally part of the CE network. Some of these fulfillment centers are in markets where we didn’t
previously have a fulfillment center location, further enhancing our delivery and distribution capabilities in these
markets. Some of these FCs are in markets where we already have a fulfillment center location. Staples is in the
process of executing a new network strategy that will leverage the geographical breadth of our combined
fulfillment operations while eliminating redundant capacity. The resulting network will increase our next-
business-day shipment capability and maximize operational synergies so we can continue to provide superior
service at the lowest possible cost. During network integration, which we expect to complete within two years,
the locations through which your orders are routed may change, but this will in no way impact your service or our
next-business-day shipping commitments.
Returns
At Staples, we strive to limit product returns by offering only the highest quality products. In the rare case that
you are unsatisfied with your purchase, we offer an easy online returns process that is available on the same site
as you order your products. You can return all orders online, regardless of how those orders were placed, with no
telephone calls required.
6
Once your return request has been processed, we’ll arrange to have the returned item picked up by your Staples
delivery driver or original delivery method (UPS, FedEx, etc.), at no cost to you. You can also call Customer
Service anytime with return questions or to process a return. Returned items can be exchanged or credited to your
account upon verification of condition.
Staples’ Return Policy
Please find below an overview of Staples’ return policy. Our complete return policy, with full applicable return
periods, product category definitions, terms and conditions, can be provided by your Staples sales representative.
Staples will accept the return of products in saleable condition within the following applicable return periods
(calendar days):
• 30 days for office supplies
• 14 days for technology and business machines
• 14 days for unassembled furniture
• Assembled and custom ordered furniture is not returnable unless received damaged/defective and returned
within 14 days
• Custom items and special order products are not returnable unless damaged/defective
You may return any Staples® brand office supply product at any time if it doesn’t meet your satisfaction.
Credits
Credits for returned items are issued once the returned item is received back at the Staples fulfillment center.
Typically returns are picked up within 1-5 business days and the credit is released within 24-48 hrs after the
fulfillment center receives and processes them.
Alaska and Hawaii
Shipments to Alaska and Hawaii are handled as follows:
• Shipments up to 159 lbs are shipped UPS 2nd Day Air
• Shipment over 159 lbs or of non UPS-able items are shipped ocean freight, this also includes any items
which are classified as hazmat including ORM-D
• Staples policy prohibits us from shipping any fully regulated hazmat items; they must be shipped directly
from the vendor
• Ocean shipments will take on average fourteen days from the date of shipment for delivery
• All orders will be surcharged 25% to help offset the cost of freight
15) Identify the Proposer’s proposal for an administrative fee payable to NJPA for facilitation and promotion of the
Contract opportunity invited here. This fee should be calculated as a percentage of Contract sales.
Unless otherwise mutually agreed to in writing by the parties, Staples will pay NJPA an administrative fee of two
percent (2%) of the members’ aggregate Net Sales (see response to question #50) during each Staples Fiscal
Quarter (based on a February 1st Fiscal Year), which have been timely paid, to be paid within forty five (45) days
after the end of each Staples Fiscal Quarter.
SIGNATURE PAGE FOLLOWS
7
Authorized Signature (Same signature as on Proposal Affidavit Signature and Acceptance Form)
8
Form B
PROPOSER INFORMATION
Company Name: _____ Staples Contract & Commercial, Inc., operating as Staples Advantage ___________
Address: _____________500 Staples Drive _____________________________
City/State/Zip: _________Framingham, MA 01702 _________________________________
Phone: ___703-734-8710 x241__________________ Fax: __508-305-8113 __________________
Toll Free Number: ___________________________ E-mail: _jeremy.landis@staples.com___________
Web site: ______www.staplesadvantage.com___________________________________________________
Voids sometimes exist between management (those who respond to RFPs) and sales staff (those who contact NJPA
Members) that result in communication problems. Due to this fact, provide the names of your key sales people, phone
numbers, and geographic territories for which they are responsible
COMPANY PERSONNEL CONTACTS
Contract Manager: ___Jeremy Landis___________________________________________________________
Email: _jeremy.landis@staples.com______________ Phone: __703-734-8710 x241__________________
Name: _Henry Astroff__________________________ Title: _VP of Sales Vertical Market_______________
Email: __henry.astroff@staples.com _______________ Phone: __941-379-8299________________________
Name: __Neil Ringel_____________________________ Title: __SVP of Sales_________________________
Email: __neil.ringel@staples.com__________________ Phone: __ 800-950-1257 x4603_________________
Name: __Kevin Moss____________________________ Title: _VP Sales Business Development (Nationally)_
Email: __kevin.moss@staples.com_________________ Phone: _ 800-693-9900_x550___________________
Name: ___Steve Facer _____________________ Title: __VP Sales Account Management (West)_____
Email: __ stephen.Facer@staples.com_______________ Phone: __ 714-562-6745 x232__________________
Name: __Wayne Wilkinson________________________ Title: __VP Sales Account Management (East)______
Email: __wayne.wilkinson@Staples.com_____________ Phone: __ 877-826-7754 x3045__________________
Name: _________________________________________Title:___________________________________________
Email: ________________________________________ Phone: ____________________________________
THIRD AMENDMENT TO
CONTRACT #031210-SCC
For the procurement of
OFFICE AND CLASSROOM RELATED SUPPLIES AND ACCESSORIES
made between
Staples Contract & Commercial, Inc. (Staples)
500 Staples Drive
Framingham. MA 01702
And
The National Joint Powers Alliance ® (NJPA)
200 1st ST NE
Staples, MN 56479
WHEREAS, NJPA issued a Request for Proposal #031210 ("RFP") for the provision of OFFICE
AND CLASSROOM RELATED SUPPLIES AND ACCESSORIES to NJPA and NJPA Members
(NJPA and NJPA Members may also be referred to herein as "Buyer" or "Buyers"); and
WHEREAS, Staples responded to said RFP committing to the provision of OFFICE AND
CLASSROOM RELATED SUPPLIES AND ACCESSORIES to NJPA and NJPA Members, and
WHEREAS, NJPA awarded the contract proposed in the RFP, which is identified as contract #
031210-SCC, as amended by that certain First Amendment, dated August 5, 2010, that certain
Second Amendment, dated November 1, 2010. and various Product and Pricing amendments
(collectively, the "Contract") to Staples; and
WHEREAS, NJPA and Staples wish to amend certain terms and conditions of the Contract; and
WHEREAS, NJPA and Staples, for the purpose of adding additional terms and conditions related
to the purchase of promotional, print, facility, and technology products and/or services offered by
Staples in its response to the RFP that are not addressed in the Contract, consent to and approve
the amendment of the Contract as set forth herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereby agree as follows:
1. The effective date of this amendment shall be September 17, 2010 (Effective Date).
2. The following additional terms and conditions shall be added to the Contract as follows:
I. Promotional and/or Print Products. In the event Buyer desires to purchase Promotional
Products and/or Print Products and/or related services, the following additional terms and conditions
shall apply:
1. Promotional Products Defined. As used herein, "Promotional Products" includes but is
not limited to the products that Buyer purchases from Staples to promote or enhance
Buyer's brand, product or company.
2. Print Products Defined. As used herein, "Print Products" includes but is not limited to
the customized documents, business forms, labels, direct mail products, electronic
forms, digital print products, business cards and stationery, and "Proprietary Items"
(defined as items which contain a corporate or personal logo, name or other
marking), that Buyer purchases from Staples.
3. Buyer Property. As used herein, "Buyer Property" shall refer to the trade names,
logos, artwork, forms, trademarks, copyrights, trade devices, trade dress, service
marks, symbols, abbreviations, registered marks, indicia of ownership, information
representations, descriptions, classifications, characterizations, statements, or
language contained in or on any print or electronic content or materials provided to
Staples by Buyer in connection with Staples' performance under the Contract.
4. Warranty.
4.1. Buyer Warranty. Buyer represents and warrants that it owns or has the right
and license to use, adapt and reproduce Buyer Property. Buyer represents and warrants
that Buyer Property shall not infringe or misappropriate any patent, trademark, trade secret,
mask work, copyright, design or any other proprietary right of any third party, and complies
with all applicable federal, state and local laws, regulations, and rules.
4.2. Staples Warranty. Staples warrants that Print Products and/or Promotional
Products provided to Buyer in connection with the Contract, in their unaltered, unmodified
form, are free from defects in deSign, workmanship and materials and are in compliance
with the specifications agreed to by the parties. In the event any defects in design,
workmanship or materials, or material deviation from the speCifications or claims made by
Staples, are discovered by Buyer, the sole and exclusive remedy shall be, at Staples' sole
election, for Staples to replace the defective product at Staples' expense or to credit
Buyer's account for the net amount actually paid by Buyer to Staples for the applicable
product, provided that Staples is reasonably certain that the warranty claim is valid and was
not caused by Buyer.
5. Buyer grants to Staples a non-exclusive, worldwide, royalty-free and fully paid up
right and license to use, reproduce and incorporate Buyer Property solely in
connection with Staples' obligations pursuant to the Contract. Staples acknowledges
that, as between Staples and Buyer, Buyer owns, controls and shall retain all
ownership rights in and to Buyer Property. All proprietary rights and goodwill in the
Buyer Property shall inure to the benefit of Buyer and not Staples. Staples shall
acquire no intellectual property rights in the Buyer Property by reason of its use
thereof, and if, by operation of law, or otherwise, Staples is deemed to, or appears to,
own any intellectual property in the Buyer Property, Staples shall, at Buyer's request,
execute any and all documents necessary to confirm or otherwise establish Buyer's
rights therein.
6. Buyer shall indemnify, defend and hold harmless Staples for any third party claims,
suits, judgments, and costs instituted or recovered against Staples for any alleged or
actual infringement of any patent, copyright, trademark, trade secret or other
intellectual property or other rights of a third party resulting from (i) Buyer's breach of
Buyer's warranty related to Buyer Property; or (ii) Staples' use of Buyer Property in
accordance with the specifications provided by Buyer.
7. Inventory Services. If requested by Buyer, Staples agrees to store certain products
and other inventory pursuant to the terms of an Inventory and Storage Agreement, to
be provided upon request.
8. Returns for Promotional Products. Staples has a gO-day 100% satisfaction guarantee
policy for all Promotional Products and will immediately credit Buyer's account or ship
replacement merchandise in these instances.
II. Facility Products. In the event Buyer desires to purchase Facility Products and/or services,
the following additional terms and conditions shall apply:
1. Facility Products Defined. As used herein, "Facility Products" includes but is not limited
to the break-room supplies, janitorial and sanitation products, ice melt, light bulbs,
safety and shipping supplies, dispensers, Sustainable Earth products and other
supplies related to building maintenance that Buyer purchases from Staples.
2. Buyer Warranty. Buyer represents and warrants that Buyer will (i) follow all instructions
provided by Staples relating to use, dilution, or installation of Facility Products and (ii)
use and dispose of the Facility Products in accordance with all applicable state,
county, local and federal laws and regulations, including environmental rules and
regulations. A breach of this Section shall void any and all warranties set forth in the
Contract as they relate to Facility Products.
3. Exceptions to Return Policy. The following exceptions apply to Staples' return policy
described in the Contract for Facility Products: (1) Buyer may not return partial
cartons or opened containers of Facility Products that contain hazardous materials
and (2) Buyer may not return janitorial and sanitation Facility Products (such as
cleaning chemicals) unless such Facility Products are returned in unopened and
unaltered original case quantities and packaging. In addition, returns of Facility
Products are subject to approval by Staples.
III. Technology Products. In the event Buyer desires to purchase Technology Products, the
following additional terms and conditions shall apply:
1. Technology Products Defined. As used herein, "Technology Products" includes
the business machines, computers, consumer electronics, networking,
peripherals, storage and technology related supplies that Buyer purchases from
Staples.
2. Exceptions to Return Policy. The following exceptions apply to Staples' return
policy described in the Contract for Technology Products: Subject to
manufacturers' or wholesalers' returns policies and restrictions, Staples will
accept returns of (a) stocked Technology Products (excluding hardware items) in
salable condition up to thirty (30) days after receipt by Buyer; and (b) hardware
items up to fourteen (14) days after receipt by Buyer. The Technology Product
must be returned to Staples with its complete and original manufacturer's
packaging intact and undamaged, including Universal Product Code (UPC),
manuals and parts, and a copy of the packing slip."
Unless otherwise modified by this amendment, all terms and conditions contained in the Contract
shall continue in full force and effect.
[Remainder of page intentionally left blank; signature page to follow]
IN WITNESS WHEREOF, the parties have executed this third amendment as of the Effective
Date.
Staples Contract & Commercial, Inc.
Printed Name
Date ___ __ _
The National Joint Powers Alliance ®
By .. >
Printed Name
Date , 7, / z, k It <2
«Member_Password»«Member_Password»
City of Palo Alto
Member #43,092