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Home My WebLink About064469 - General - Contract - Lowe's Home Centers, LLCDocusign Envelope ID: 39976CF1-4082-4C8E-B5F3-3A9C9DD5B931 CSC No. 64469 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Lowe's Home Centers, LLC ("Vendor") and the City of Fort Worth ("City"), a Texas home -rule municipality, individually referred to as "Party" and collectively as the "Parties." The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A — Seller's Discount Matrix; 3. Exhibit B — Cooperative Agency Contract Omnia Partners R240805; and 4. Exhibit C — Conflict of Interest Questionnaire Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. If any provisions of the attached Exhibits conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Cooperative Purchase Agreement shall control. City shall pay Vendor in accordance with the payment terms in Exhibit A and in accordance with the provisions of this Agreement. Total annual payment made under this Agreement by City shall not exceed three hundred thousand dollars and zero cents ($300,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The Parties will engage in multiple transactions to purchase goods and/or services under this Agreement. For each purchase made pursuant to this Agreement, Vendor must supply a quote for the subject goods and/or services and the quote must conform with the then -current pricing under the underlying cooperative agreement. If the City accepts the quote and places an order for the goods and/or services, that quote shall be considered an addendum to this agreement but is not required to be filed in the City records. The Parties will maintain all quotes for the 3- year Audit period included herein. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager ("Effective Date") and expires on October 31, 2026, with the option for three (3) additional one-year terms for the same amount. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with at least 30 days' written notice of termination. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work OFFICIAL RECORD space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor CITY SECRETARY reasonable advance notice of intended audits. FT. WORTH, TX Docusign Envelope ID: 39976CF1-4082-4C8E-B5F3-3A9C9DD5B931 Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102 With copy to Fort Worth City Attorney's Office at the same address To VENDOR: Lowe's Home Centers, LLC. Attn: Steffani McClean 1000 Lowe's Blvd. Mooresville, NC 28117 Email: GovernmentSupport@Lowes.com City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of law provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. To the extent the Agreement, in any way, limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Docusign Envelope ID: 39976CF1-4082-4C8E-B5F3-3A9C9DD5B931 If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) (remainder of this page intentionally left blank) Do Mgn Envelope ID:399]BCF1-4082-4C8EB5F33A9C9DD5B931 The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective party. Y By: TreWashin&ton lcec 12, m2510:47:42r Name: Valerie Washington Title: Assistant City Manager Date: 12/12/2025 APPROVAL RECOMMENDED: By: Name: Marilyn Marvin Title: Director, Property Management o pORTIIIIII A° A M� --Name: Ja Title: City Secretary uIIat°p�sod4� VENDOR: SNRW tr. By: Sftjq�W &4AAw Name: Steffan McLean Title: VicePresident, ProSales Date: 11-10-25 By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requm meats. �crlte Gavua By: Name: Denise Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: 4m w� By: Name: Amarna Muhammad Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 25-0841 Date Approved: September 16, 2025 1295 Farm: N/A — publicly traded entity OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX loa.ua,ni LOWEr$ J ' Special Order Configured Products Restocking Fee Special Order configured products returned or canceled after 72 hours from purchase are subject to a 20% restocking fee. Must be returned to the store where the product was purchased. The restocking fee will be taxed in select states. This restocking fee applies to installed sales unless otherwise provided in your installation contract or right to cancel. Attribute 10 — Discounts or Rebates: Lowe's will offer the following to all agencies purchasing under the OMNIA Partners Purchasing Cooperative Agreement: • 5% off everyday when utilizing an Lowe's Commerical Account or Lowe's Pro Account Annual Rebate when qualifying purchases reach: Calendar Year 10,000.00— 25,000.00— $50,000.00 Qualifying $24,999.99 $49,999.99 plus Purchase Amount Tier Strategic Account 2%on Qualifying 4%on Qualifying 7% on Qualifying Rebate Purchases Purchases Purchases Illustration If Customer made $55,000.00 of Qualifying Purchases with Lowe's in a alendar year, Customer would qualify for a 7% Strategic Account Rebate hich is equal to $3,850 (i.e. 7% « $55,000.00 = $3,850). a. Qualifying Purchases are purchases made in a Lowe's store, or Lowes.com, or with LIPS, less any taxes, fees and returns. Qualifying Purchases exclude gift cards. As to Lowe's, Qualifying Purchases will only be tracked and eligible for Rebate if (1) Customer has completed the Lowes.com registration requirements, and (2) Customer utilizes an acceptable form of tender that Customer has registered under Customer's specific profile on the Lowes.com website It is the sole responsibility of the Customer to register and maintain ALL forms of tender (credit and debit cards). b. Products and services that are eligible to count towards Qualifying Purchases are subject to change from time to time at the discretion of Lowe's and LPS. c. Qualifying Purchases are for a calendar year starting January 1" and ending December 31". d. Annual Rebates will be paid by Lowe's on or before March I"for the preceding calendar year. Lowe's offers Paint Rewards to all PRO customers. • 10% reward for every eligible dollar above $1,000 up to $2,999 • 15% reward for every eligible dollar above $3,000 up to $4,999 • 20% reward for every eligible dollar above $5,000 o Please visit www.lowes.com/terms . Subject to change. • Government customer must opt in to be eligible for the rewards on Lowes.com Volume Savings Program through www.lowes.com on orders of $1,500 or more and can see the savings in the Order Summary Section. Please visit Online Order Quoting (lowes.com) for more information. Attribute 12 — Describe invoicing process. Include payment terms and acceptable methods of payment outlining any associated fees pertaining to credit card/p-cards. Lowe's Credit Plans: Lowe's is committed to offering OMNIA Partners Participating Agencies the easiest, most convenient business credit program anywhere. Our business credit offers easy -to read itemized billing, secure online account management, customized account setup, employee spending control and a dedicated account representative. Lowe's offers business credit programs for our Pro business customers: Lowe's Commerical Account (LCA), and Lowe's Pro Supply (LPS). The terms and conditions are pre -established and will be between the OMNIA Partners Particiapting Agencies who chooses to open an account with either Synchrony Bank or Lowe's Pro Supply. Please visit https://www.lowes.com/I/Credit to learn more about the credit programs. Lowe's does accept major credit cards as a form of tender on Lowes.com or in any Lowe's store. Lowe's does require a form of tender when presenting an purchase order at time of purchase. 3 USE YOUR ACCOUNT Start using your account irnmediotoy upon oppr al. EXHIBIT B Region 4 Education Service Center (ESC) Contract # R240805 for Maintenance, Repair, and Operations (MRO) Supplies, Equipment, and Related Products and Services with Lowes's Home Centers, LLC Effective: November 1, 2024 The following documents comprise the executed contract between the Region 4 Education Service Center and Lowe's Home Centers, LLC, effective November 1, 2024: I. Vendor Contract and Signature Form II. Supplier's Response to the RFP, incorporated by reference CONTRACT This Contract ('Contract") is made as of November 1, 2024 by and between Lowe's Home Centers, LLC ('Contractor') and Region 4 Education Service Center ("Region 4 ESC ) for the purchase of Maintenance, Repair, and Operations (MRO) Supplies, Equipment, and Related Products and Services Cthe products and services"). RECITALS WHEREAS, Region 4 ESC issued Request for Proposals Number 24-08 for Maintenance, Repair, and Operations (MRO) Supplies, Equipment, and Related Products and Services ("RFP"), to which Contractor provided a response ("Proposal'); and WHEREAS, Region 4 ESC selected Contractor's Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092. WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract. WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control. WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies') may purchase products and services at prices indicated in the Contract upon the Public Agency's registration with OMNIA Partners. 1) Term of agreement. The initial term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for an additional term of up to two (2) years or for a lesser period of time as determined by Region 4 ESC by providing written notice to the Contractor of Region 4 ESC's intent to renew thirty (30) days priorto the expiration of the original term. Contractor may elect not to renew by providing three hundred sixty-five days' (365) notice to Region 4 ESC. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Contract. Notwithstanding the forgoing paragraph, the term of the Contract, including any extension of the original term, shall be further extended until the expiration of any Purchase Order issued under the Contract for a period of up to one year beyond the Contract term. 2) Scope. Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein. 3) Form of Contract. The form of Contract shall be the RFP, the Offeror's proposal and Best and Final Offer(s). 4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail: i. This Contract ii. Offeror's Best and Final Offer iii. Offeror's proposal iv. RFP and any addenda 5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC 6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e., bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest may guarantee to perform all obligations under this Contract. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC. 10) Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC. Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor's pricing. 11) TERMINATION OF CONTRACT a) Cancellation for Non -Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12-month period. Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following: i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications; iv. Failing to complete required work or furnish required materials within a reasonable amount of time; v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order. Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents. c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred. d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Region 4 ESC or Contractor may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order. 12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor's license(s) expire, lapse, are suspended or terminated. 13) Survival Clause. All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract for a period of up to one year beyond the term of the Contract. 14) Delivery. If requested, Lowe's will deliver products under this Agreement in accordance with the Lowe's delivery policies in effect at time of purchase, including with limitation, any additional fees for delivery. Product purchased under this Contract are subject to Lowe's return policies in effect at the time of purchase. Lowe's current policies can be found at https://www.lowes.com/I/shipping-delivery and www. lowes.com/I/help/returns-policy. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC. The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. The entity using the Contract will make payments directly to the awarded vendor. 17) . Offer's Pricing. Contractor agrees that all prices offered through this Contract are comparable to or better than the equivalent prices offered through any other similar cooperative purchasing contract. Lowe's offers large inventory of products in numerous categories. Lowe's is unable to automatically adjust Participating Agency's pricing in the event of retail price fluctuations in various locations. 18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor's pricing at Region 4 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor's pricing at Contractor's sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third -party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC. 19) Product Assortment. Contractor's product assortment varies based on numerous factors, including for example location, season, and product availability. In addition, products may change over time and manufacturers discontinue products and product lines. Unless Contractor issues a written quote or offer, Contractor makes no guarantees with respect to product changes or availability and has no obligation to inform Region 4 ESC, OMNIA Partners, or any member of product changes or availability. 20) New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. 21) Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. 22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty. 23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24) Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to moving furniture, installing wiring for networks or power, and similar pre -installation requirements. 25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at Region 4 ESC's discretion. Contractor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. 26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. 27) Smoking. Persons working under the Contract shall adhere to local smoking policies. Smoking will only be permitted in posted areas or off premises. 28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC's current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract. 30) Indemnity. To the proportionate extent of its liability, Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all third -party claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract. Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas. 31) Marketing. Region 4 ESC acknowledges that Contractor's proprietary indicia, trademarks, service marks, or trade names (Collectively "Marks" are owned by LF, LLC, a Delaware limited liability company and an affiliate of Lowe's. In order to use such Marks, Region 4 ESC will enter into a separate Licensing Agreement with LF, LLC. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC. 32) Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10) days' notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. 33) Legal Obligations. It is Contractor's responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein. FURTHER INFORMAITON TO MASTER AGREEMENT TO FOLLOW IN APPEXDIX B WITH ADDENDUM A AND ADDENDUM Al OFFER AND CONTRACT SIGNATURE FORM The undersigned hereoy offers and; if awarded: agrees to furnish goods and/fir services in strict cornpiiance with the tefurs, specifications and conditions at the prices proposed within response W less noted in writing. Cornpany NurTre Lowe's Home Centers, LLC Address 1000 Lowe's CityiStateiZip Mooresville, NC 28117 Telephone No. 888-310=7791 Email Address GovernmentSupporteLowes.com Printed Nafro Steffani fMuLean /"Kra Accepted by Region 4 €SC; Contract No. R240801 Initial Contract Tenn ItIV2024 to 10/3112027 10129/2024 key dr 6'8G Auftlhmizxd Sea Mar A Ne nuer ate Linda Tinnerman riot Nam 10/29/2024 egion 4 ESCWtK6rized Board TAI& r Date Viler E. White Print Name AnDendix B TERMS & CONDITIONS ACCEPTANCE FORM Signature on the Offer and Contract Signature form certifies complete acceptance of the terms and conditions in this solicitation and draft Contract except as noted below with proposed substitute language (additional pages may be attached, if necessary). The provisions of the RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal is returned with modifications to the draft Contract provisions that are not expressly approved in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail. Check one of the following responses: ❑ Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract. (Note: If none are listed below, it is understood that no exceptions deviations are taken.) CX Offeror takes the following exceptions to the RFP and draft Contract. All exceptions must be clearly explained, reference the corresponding term to which Offeror is taking exception and clearly state any proposed modified language, proposed additional terms to the RFP and draft Contract must be included: (Note: Unacceptable exceptions may remove Offerors proposal from consideration for award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and modifications and the decision shall be final. If an offer is made with modifications to the contract provisions that are not expressly approved in writing, the contract provisions contained in the RFP shall prevail.) Section/Page Term, Condition, or Specification Exception/Proposed Modification Accepted (For Region 4 ESC's use All Accepted Addendum A to Appendix A Draft Contract, Exhibit F, Attributes (collectively called "Contract") Between Lowe's Home Centers, LLC (Lowe's) and Region 4 Education Service Center (ESC) (being made available by OMNIA Partners, Public Sector (OMNIA) for RFP 24-08 Maintenance, Repair and Operations (MRO) Supplies & Related Services By awarding the above referenced project to Lowe's Home Centers, LLC, Region 4 ESC agrees that this Addendum will become a part of the Contract. This Addendum and the Contract collectively form the agreement between ESC, OMNIA, and Lowe's. With respect to any inconsistencies between the Contract and this Addendum, this Addendum shall govern. Further Information - Draft Contract (1) Term of Agreement. Clause 1 does not provide Lowe's the right not to renew a Contract. Lowe's needs have at least the same terms as in its previous agreement; Lowe's will therefore provide the following under this Contract in lieu of clause 1. The initial term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right it 4s sole dice etioi: to renew the Contract for an additional term of up to two (2) years or for a lesser period of time as determined by Region 4 ESC by providing written notice to the Contractor of Region 4 ESC's intent to renew thirty (30) days prior to the expiration of the original term. Contractor may elect not to renew by providing three hundred sixt. days' (365) notice to Region 4 ESC. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Contract. Notwithstanding the forgoing paragraph, the term of the Contract, including any extension of the original term, shall be further extended until the expiration of any Purchase Order issued under the Contract for a period of up to one year beyond the Contract term_ Further Information —Draft Contract (3) Form of Contract. Lowe's Home Centers, LLC (LHC), the entity submitting a response to this RFP, is a fully -owned subsidiary of Lowe's Companies, Inc. (LCI), a publicly traded company. LCI's operating entities (together or individually "Lowe's Co."), including the LHC and Lowe's Pro Supply (LPS), a division of LHC , operate over 1,700 stores, perform installation services nationwide, maintain relationships with thousands of suppliers, employ over 200,000 people, and serve millions of customers. Lowe's Co. uses third party independent contractors to perform ancillary services for Lowe's Co during the normal course of business on a daily basis. These ancillary services may include, but are not limited to, appliance decommissioning, product delivery, and janitorial services for Lowe's stores, and are provided to Lowe's Co on an ongoing basis through pre-existing and established business relationships. Lowe's does not consider the use of these ancillary services to trigger any subcontractor -specific or subcontractor approval requirements for this Contract. Lowe's agrees to comply with all subcontracting requirements should Lowe's enter into a new contract to specifically fulfill Region 4 ESC's or Omnia's requirements thereof. Page 1 of 10 Further Information — Draft Contract (5) Commencement of Work. Use of Purchase Orders requires a Lowe's Commercial Account (LCA ) or P-Cards. Lowe's does not agree to any additional Purchase Order Terms & Conditions. Aside from product, delivery, or shipping information, any terms, conditions, representations or certifications included in any purchase order, receipt, or other written instruments (Additional Terms), including from entities or persons authorized to purchase under this Agreement, are void and superseded by the terms and conditions of this Agreement. Lowe's gives notice of objection to all Additional Terms and specifically rejects all Additional Terms as a material alteration to this Agreement. Lowe's may accept Additional Terms in its sole discretion after receiving advance written notice of the Additional Terms, provided that no Additional Terms are valid until the entity presenting the Additional Terms receives a signed acknowledgement from Lowe's agreeing to the Additional Terms. Further Information —Draft Contract (8) Novation. Clause 8 requires that any successor in interest must guarantee to perform all obligations under this Contract. Lowe's cannot guarantee this; Lowe's will therefore provide the following under this Contract in lieu of clause 8: 8) Novation. If Contractor sells or transfers all assts or the entire portion of the assets used to perform this Contract, the successor in interest mttst may guarantee to perform all obligations under this Contract. Region ^ Fe ees the r-gl# to aeeept oe eet affy newA change of name agreement will not change the contractual obligations of Contractor. Further Information —Draft Contract (10) Adding Authorized Distributors/Dealers. Clause 10 requires Lowe's to identify to Region 4 ESC of its intent to use an authorized distributor or dealer. Lowe's intends to fulfill a portion of this Contract through Lowe's Pro Supply, a division of Lowe's Home Centers, LLC. As a division of Lowe's, Lowe's does not consider Lowe's Pro Supply a subcontractor for the purposes of this Contract. Further Information — Draft Contract (11) Termination of Contract. 11) e) Standard Cancellation. The original Clause 11 subsection e) is removed and replaced with the following: 11) e) Standard cancellation. Region 4 ESC or Contractor may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30' business day all work will cease following completion of final purchase order. Further Information —Draft Contract (14) Delivery. 14. Delivery. Or -den if delivefy is not or- eannot be made within this tifne period, the Gen4faeter- must fee If requested, Lowe's will deliver products under this Page 2 of 10 Agreement in accordance with the Lowe's delivery policies in effect at time of purchase, including without limitation, any additional fees for delivery.) Products purchased under this Contract are subject to Lowe's return policies in effect at the time of purchase. Lowe's current policies can be found at htips://www.lowes.com/l/shipping-delivery and www. lowes.com/l/help/returns-policy Further Information —Draft Contract (16) Payments. Based on Lowe's standard payment and billing processes customers must tender payment for walk-in and online purchases at the time of purchase. Moreover, Lowe's cannot include certain text in its invoices. Lowe's will therefore provide the following invoicing under this Contract in lieu of clause 16: 16) Payments. The entity using the Contract will make payments directly to the awarded vendor. , Further Information — Draft Contract (17) Price Adiustments. Clause 17 provides mechanisms for review of price increases, price reductions and adjustments. Lowe's operates over 1,700 stores, performs installation services nationwide, maintains relationships with thousands of suppliers, employs over 200,000 people, and services millions of customers. Lowe's cannot guarantee that prices across the company will not be lower than those offered under this Contract. Moreover, due to this scale, Lowe's cannot obtain advance approvals of pricing or product changes. Lowe's will therefore provide the following pricing under this Contract in lieu of clause 17: 17) Offeror's Pricing. Contractor agrees that all prices offered through this Contract are comparable to or better than the equivalent prices offered through any other similar cooperative purchasing contract. Lowe's offers large inventory of products in numerous categories. Lowe's is unable to automatically adjust Participating Agency's pricing in the event of retail price fluctuations in various locations. Further Information — Draft Contract, Clauses 19 through 22 Clauses 19 through 22 seek to control Lowe's product offerings. Lowe's is a reseller of product and as such cannot guarantee that replacement models of any product will meet or exceed the specifications or the performance of a discontinued model. Similarly, Lowe's cannot guarantee that replacement models will be available at the same prices as the discontinued model. Lowe's is not offering any labor under this contract and accordingly will not warrant labor. Finally, Lowe's will therefore provide the following product representations under this Contract in lieu of clauses 19, 20, 21, and 22: 19) Product Assortment. Contractor's product assortment varies based on numerous factors, including for example location, season, and product availability. In addition, products may change over time and manufacturers discontinue products and product lines. Unless Contractor issues a written quote or offer, Contractor makes no guarantees with respect to product changes or availability and has no obligation to inform Region 4 ESC, Omnia, or any Member of product changes or availability. 20) New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pfieiog shall be equivalei4 te the pefeef4age diseeuiit fef othef pfeduets. Gon4r-aeter- may r-eplaee or- add pfedtiet lines if in the line is feplaeiag of s"plementing pfodw4s, Page 3 of 10 21) Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. 22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty Further Information — Draft Contract, Clauses 23 through 26 Lowe's and Region 4 ESC agree that "work to be performed at schools" and "services" do not include delivery. Delivery of appliances consists of moving of new appliance into desired location, moving of old appliances to another location if requested, haul -away and recycling of old appliance, uncrating and removal of packing materials, demonstration of operation of new appliance if requested, and door swing change, if necessary. Charges and restrictions may apply to gas appliances, dishwashers, drop -in ranges, air conditioners, water heaters, wall ovens, surface units, and cooktops. All appliances may not be available in all areas. Moreover, Lowe's conducts background checks of its employees at the time of hire for violent crimes, drug related crimes, sexual offenses (including, but not limited to, rape, molestation, sexual assault, indecent exposure, indecency with a child), murder and kidnapping. Delivery drivers are also subject to a Motor Vehicle Records check for driver license issues. Drug testing is done on all Contractor employees at the beginning of their employment only. By utilizing the Contract for purchases, Region 4 ESC, Omnia, and purchasing Members agree that this fulfills all Contract obligations related to sex offender restrictions. Further Information — Draft Contract (30) Indemnity. Lowe's will provide the following Indemnity under this Contract in lieu of clause 30: 30) Indemnity: To the proportionate extent of its liability, Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all third - party claims, damages, losses, and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract. Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas. Further Information — Draft Contract (31) Marketing. Lowe's proprietary indicia, trademarks, service marks, or trade names (collectively "Marks") are owned by LF, LLC, a Delaware limited liability company and an affiliate of Lowe's. In order to use such Marks, Omnia, and Region 4 ESC must enter into a separate Licensing Agreement with LF, LLC. As such the following paragraph will appear in lieu of clause 31: Page 4 of 10 31) Region ffiRflieting , te4-4-Als--And Region 4 ESC acknowledges that Lowe's proprietary indicia, trademarks, service marks, or trade names (collectively "Marks") are owned by LF, LLC, a Delaware limited liability company and an affiliate of Lowe's. In order to use such Marks Region 4 ESC will enter into a separate Licensing Agreement with LF, LLC. Any use of Region 4 ESC's name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC. Further Information — Draft Contract (32) Certificates of Insurance. Lowe's Home Centers, LLC ("Lowe's"), will maintain during the term of the project and for a two year period following completion of services, the following insurance: Commercial general liability insurance, under a blanket program providing coverage for multiple projects and locations, with minimum limits of $1,000,000 per occurrence; $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate, which shall include coverage for bodily injury, death, property damage, personal and advertising injury and contractual liability; commercial automobile liability insurance providing coverage for owned, hired, and non -owned autos in the minimum combined single limit of $1,000,000; and excess liability insurance in the minimum amount of $5,000,000. Such insurance will respond on a primary basis for claims arising out of Lowe's performance under the terms of the agreement. Lowe's will also maintain workers' compensation insurance as required by applicable statute and employer's liability insurance in the minimum amount of $500,000 per employee for disease, $500,000 bodily injury per accident and $500,000 policy limit for disease. All policies shall be written on an occurrence basis by insurers rated A/X or higher by A.M. Best and authorized to do business in the state where the services are performed. Lowe's will satisfy the commercial general liability insurance requirement through a program of self-insurance covering Lowe's Companies, Inc. and its U.S. subsidiaries, including Lowe's Home Centers, LLC. An evidence of coverage certificate of insurance providing information on Lowe's insurance program is attached. Lowe's shall provide Region 4 ESC with a renewal certificate, upon request, should this certificate expire during the awarded contract term. Lowe's will use commercially reasonable efforts to provide Region 4 ESC within thirty (30) days' prior written notice of cancellation of the insurance described herein; such notice will not be provided by the insurance company. Upon request Lowe's shall include Region 4 ESC as an additional insured, by blanket endorsement, under the commercial general liability and automobile liability insurance, and shall provide Region 4 ESC with a certificate of insurance naming Region 4 ESC as an additional insured. All certificates bear an electronic signature. Lowe's will provide a certificate of insurance only; Lowe's will not provide copies of its insurance policies. By awarding the above referenced project to Lowe's Home Centers, LLC, Omnia and Region 4 ESC accept Lowe's insurance program contained herein and agrees this program satisfies Omnia's and Region 4 ESC's insurance requirements for this solicitation. Page 5 of 10 Further Information — Exhibit F. Attributes Ouestion #17 Federal Funds Certifications Exhibit F (FEMA and additional Federal funding special conditions) states that Services issued under this contract may be in response to an emergency or disaster recovery situation and eligible for federal funding; Services issued in response to an emergency or disaster recovery situation are subject to and must comply with all federal requirements applicable to the funding. The remaining items below, located in this Special Conditions section, are activated and required when federal funding may be utilized. Lowe's and Region 4 ESC agree that "Services" do not include the sale of products or delivery thereof Delivery of appliances consists of moving of new appliance into desired location, moving of old appliances to another location if requested, haul -away and recycling of old appliance, uncrating and removal of packing materials, demonstration of operation of new appliance if requested, and door swing change, if necessary. Charges and restrictions may apply to gas appliances, dishwashers, drop -in ranges, air conditioners, water heaters, wall ovens, surface units, and cooktops. All appliances may not be available in all areas. Lowe's will comply with orders of the United States Secretary of Labor, including any applicable rules and regulators of those order, as required by law. However, Region 4 ESC agrees not to allow any federal or federal contract funds to be utilized at Lowe's or its affiliates through this Contract. Further Information — Exhibit F, Attributes Question #116 Recovered Materials and Ouestion #117 Telecommunication Surveillance Product Composition and Characteristics (environmental, recycled, country of origin and prohibition on certain telecommunication and surveillance services or equipment) Absent a specific inquiry, Lowe's cannot guarantee that any product available for purchase have any particular environmental or other characteristics, including, Buy America Act, energy, and/or environmental or other characteristics, including recycled or recovered content, efficiency, county of origin or manufacturer, or the that components parts have any particular characteristics such as the absence of Huawei, ZTE or other listed company components before purchase. Lowe's agrees to provide reasonable commercial assistance to identify products to meet a Participating Agency's federal, state, or local requirements on a per purchase basis. Further Information — Exhibit F, Attributes Question#118 Buy American Certification of Compliance with Buy America Provisions To the extent Federal Highway Administration funds, Federal Railroad Administration funds, Federal Transit Administration funds, or any funds that trigger Buy America Act requirements are to be utilized at Lowe's, Region 4 ESC, OMNIA, and Participating Agency shall email Lowe's at Governmentsupport&lowes.com in advance of purchase with purchase identifying requirements and receive a written confirmation of Buy America Act compliance. Absent such communication, the foregoing fund types shall not be utilized for purchasing. Lowe's may accept such funds to be utilized for purchases in its sole discretion after receiving this separate, advance email notice; however, no Buy America Act requirements are valid until the buyer receives a signed acknowledgement from Lowe's agreeing to comply with applicable Buy America provision(s). Lowe's agrees to provide reasonable commercial assistance to a Participating Agency's , following the above process in identifying products to meet the Participating Agency's Buy America provisions on a per purchase basis. Page 6 of 10 Further Information — Exhibit F Subcontracts, Flow down of Contract Provisions Exhibit F provides that the Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. Lowe's is furnishing only product and will not have subcontracts for any construction or other licensed activity (including repairs) under this Contact. Should Lowe's enter into a new contract to specifically fulfill the purchaser's requirements, Lowe's agrees to insert the required contract clauses under this Section. Further Information — Background Checks Attributes, Question #94. (Criminal History of Certain Contract Employees) In accordance with applicable law and regulations, Lowe's conducts background check of its employees for violent crimes, drug related crimes, sexual offenses (including, but not limited to, rape, molestation, sexual assault, indecent exposure, indecency with a child), murder and kidnapping. Delivery drivers are also subject to a Motor Vehicle Records check for driver license issues. Drug testing and background checks are conducted for all Lowe's employees at the beginning of their employment only. Under this Agreement, the above precautions are the only obligations Lowe's has with respect to employees, including delivery drivers, Lowe's will not provide proof of any drug or background screening. Lowe's will assume that it's delivery providers will not have direct contact with students. If direct contact with students is necessary, the member shall contact Lowe's to make arrangements for delivery or Lowe's may suggest an alternative method of delivering the products. Further Information — Publicly Traded Comuany Attributes, Question #96. (Exempt from submitting 1295 Form, with documentation as proof vendor is publicly -traded business entity) Lowe's Companies, Inc. ("Lowe's Co."), a publicly traded company, is the parent company of Lowe's Home Centers, LLC ("Lowe's") the entity submitting this RFP. The Lowe's Co. common stock is listed on the New York Stock Exchange with shares trading under the ticker symbol LOW. For more information, visit www.Lowes.com. or accessed information through the U.S. Securities and Exchange Commission's website at http://www.sec. og v/edgar.shtml. Further Information — Conflict of Interest Questionnaire Attributes, Question #97 (Conflict of Interest Questionnaire) The Conflict of Interest Questionnaire form attached to this Request for Proposal requires disclosure of employment or business relationships with OMNIA and its members and their family, as defined by Chapter 176 of the Texas Local Government Code, ("Qualifying Relationships"). Lowe's Home Centers, Inc., operate over 1,700 stores, perform installation services nationwide, maintain relationships withthousands of suppliers, employ over 200,000 people, and serve millions of customers. Because of its large number of employees, Lowe's cannot with absolute certainty ensure that all family, employment or business relationships with the officers or members of the OMNIA are known. Therefore, to the best of the signatory's knowledge and belief, Lowe's is unaware of any qualifying relationships. Page 7 of 10 Further Information — Small Minority and Women -Owned Firms for Subcontracting Opportunities Attributes, Question # 119. (Affirmative Step for small minority and Women -owned Firms paid for with Federal Funds for any subcontracting opportunities) Lowe's Home Centers, LLC (Lowe's) anticipates that its current workforce (i.e. regular, permanent employees) is sufficient to carry out its supply obligations under this Contract if awarded. Lowe's will therefore not need to hire any subcontractors or additional labor, so the Affirmative steps for small minority and Women -owned firms does not apply to Lowe's. If for any reason should Lowe's enter into a new contractor to specifically fulfill purchaser's requirement, that utilize subcontractors, Lowe's will comply with such affirmative steps. Further Information — Profit Negotiation Attributes Question # 121. (Information related to profitability) Lowe's will offers a large inventory of products in various categories, and it offers a discount off shelf pricing on these products if award this Contract. Lowe's may not be able to perform profitability analysis on each product, and will only provide to the extent feasible and required by law. Further Information — Subcontractors Attributes, Question # 124 (Applicability to Subcontractors). Lowe's uses third party independentcontractors to perform ancillary services for Lowe's during the normal course of business on a daily basis. These ancillary services may include, but are not limited to, appliance decommissioning, product delivery, andjanitorial services for Lowe's stores, and are provided to Lowe's on an ongoing basis through pre-existing andestablished business relationships. Lowe's does not consider the use of any of these ancillary services to trigger any subcontractor -specific or subcontractor approval requirements for this supply contract. Page 8 of 10 Addendum A-1 to Exhibit B, Administration Agreement ("Agreement") Between Lowe's Home Centers, LLC (Lowe's) and OMNIA Partners, Public Sector, Inc. (OMNIA) for RFP 24-08 Maintenance, Repair and Operations (MRO) Supplies & Related Services By awarding the above referenced project to Lowe's Home Centers, LLC, OMNIA Partners, Public Sector, Inc. (OMNIA) agrees that this Addendum will become a part of the Agreement. This Addendum and the Agreement collectively form the agreement between OMNIA, and Lowe's. With respect to any inconsistencies between the Agreement and this Addendum, this Addendum shall govern. The following changes are made to the Administration Agreement: Further Information— Administration Agreement, Clause 6 6. OMNIA Partners shall not be responsible for Supplier's performance under the Master Agreement, and Supplier shall hold OMNIA Partners, harmless from any third -party liability that may arise from the negligent acts of Supplier in connection with the Master Agreement. Further Information— Administration Agreement, Clause 11 11. Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and OMNIA Partners. Supplier shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to OMNIA Partners or posts on the OMNIA Partners website. Supplier shall indemnify, defend and hold harmless OMNIA Partners for use of all such content and images including copyright infringement claims. " pafty's.OMNIA Partners, acknowledges that Lowe's proprietary indicia, trademarks, service marks, or trade names (collectively "Marks") are owned by LF, LLC, a Delaware limited liability company and an affiliate of Lowe's. In order to use such Marks, OMNIA Partners must enter into a separate Licensing Agreement with LF, LLC. Both parties shall obtain approval from the other party prior to use of such party's Logo. Notwithstanding the foregoing, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party's Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party's Logo. Further Information— Administration Agreement, Clause 15 15. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. OMNIA Partners, or its designee, in OMNIA Partners, sole discretion, reserves the right to compare Participating Public Agency records with Contract Page 9 of 10 Sales Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners, receives such report. In addition, OMNIA Partners, may engage a third party to conduct an independent audit of Supplier's monthly reports. , designated by OMNIA -Paft*o.s. In the event an underreporting of Contract Sales and a resulting underpayment of Administrative Fees is revealed, OMNIA Partners will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners, reasonable satisfaction, including payment of any Administrative Fees due and owing, together with interest thereon in accordance with Section 13, and -eim ,ufser ent o Further Information— Administration Agreement, Clause 19 19. All written communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below. A. OMNIA Partners: OMNIA Partners 5001 Aspen Grove Franklin, TN 37067 Attention: Legal Department - Public Sector Contracting B. Supplier: Lowe's Home Centers, LLC 1000 Lowe's Blvd. Mooresville, NC 28117 Attention: VP PROServices, Pro & Services Mgmt. With copy to; same address above Attention: EVP Chief Legal Officer and Corporate Secretary Further Information— Administration Agreement, Clause 23 23. This Agreement will be construed under and governed by the laws of the State of Delaware, excluding its conflicts of law provisions. related to this Agr-eemet4 shall be eemmeneed solely a -ad &ielttsively in the sta4e or- federal eetti4s Page 10 of 10 EDUCATION SERVICE CENTER 24-08 Addendum 4 Lowe's Home Centers, LLC Lowe's Companies, Inc. Supplier Response Event Information Number: 24-08 Addendum 4 Title: Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Type: Request for Proposal Issue Date: 5/15/2024 Deadline: 6/27/2024 02:00 PM (CT) Notes: Oral communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal. Only online proposals will be accepted. Proposals must be submitted via Region 4 ESC's online procurement system: reg ion4esc. ionwave. net. No manual, emailed, or faxed proposals will be accepted. NON -MANDATORY PRE -PROPOSAL CONFERENCE Meeting to be held on Thursday, May 30, 2024 at 10:00 am CST via ZOOM. Click here to join. Offerors are strongly encouraged, but not required to participate in a pre -proposal conference with the Procurement and Operations Specialist. Page 1 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 Contact Information Address: Finance and Operations 7145 West Tidwell Road TX 77092 Email: questions@esc4.net Page 2 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 Lowe's Home Centers, LLC Information Contact: Lisa Lisa Minton Address: 1000 Lowe's Blvd Mail Code PR021 Mooresville, NC 28117 Phone: (980) 287-6417 Email: LISA.C.MINTON-1 @LOWES.COM Web Address: Lowes.com By submitting your response, you certify that you are authorized to represent and bind your company. Steffani McLean Signature Submitted at 6/27/2024 09:57:56 AM (CT) Requested Attachments OFFER AND CONTRACT SIGNATURE FORM Steffani.McLean@Lowes.com Email Offer and Contract Signature Form.pdf Please complete the Offer and Contract Signature Form, located on the Attachments tab, and upload the completed document here. Appendix B - Terms & Conditions Acceptance Form RFP 24-08 Appendix B - Terms and Conditions Acceptance Form and Addendum A and A-1.pdf Please complete the Terms & Conditions Acceptance Form, located on the Attachments tab, and upload the completed document here. Acknowledgment and Acceptance of Region 4 ESC's Open Records Acknowledgment and Acceptance Policy of Region 4ESCs Open Records Policy.pdf Please complete the Acknowledgment and Acceptance of Region 4 ESC's Open Records Policy, located on the Attachments tab, and upload the completed document here. Antitrust Certification Statements Antitrust Certification Statements.pdf Please complete the Antitrust Certification Statements, located on the Attachments tab, and upload the completed document here. Certificate of Interested Parties (Form 1295) Form 1295.pdf Must complete the form online at: hftps://www.ethics.state.tx.us/whatsnew/elf—info—forml295.htm Texas Government Code 2270 Verification Form Texas Government Code 2270 Verification Form.pdf Please complete the Texas Government Code 2270 Verification Form, located on the Attachments tab, and upload the completed document here. RFP 24-08 Market Basket 24-08 _MarketBasket 2024_06_10.xlsx Please complete the OMNIA Partners - Market Basket, located on the Attachments tab, and upload the completed documents here. Value Add Additional Information for Attributes.pdf Provide any additional information related to products and services Offeror proposes to enhance and add value to the Contract. Furniture can be included as a Value -Add, include any fees such as installation, delivery options, setup/cleaning, classroom design/layout, special orders, etc. Page 3 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 Submit FEIN and Dunn & Bradstreet report. Dunn & Bradstreet.pdf Upload FEIN and Dunn & Brandstreet report here. Diversity Program Certifications No response If there are any diversity programs, provide a copy of their certification. Minority Women Business Enterprise Certification No response Please upload Minority Women Business Enterprise Certification if applicable. Small Business Enterprise (SBE) or Disadvantaged Business No response Enterprise (DBE) Certification Please upload Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE) Certification if applicable. Historically Underutilized Business (HUB) Certification No response Please upload Historically Underutilized Business (HUB) Certification if applicable. Historically Underutilized Business Zone Enterprise (HUBZone) No response Please upload Historically Underutilized Business Zone Enterprise (HUBZone) if applicable. Other recognized diversity certificate holder No response Please upload other recognized diversity certificate holder if applicable. Additional Agreements Offeror will require Participating Agencies to No response sign. Upload any additional agreements offeror will require Participating Agencies here. OMNIA Partners - Exhibit F Federal Funds Certifications Exhibit F - Federal Funds Certifcations.pdf Please complete the OMNIA Partners - Exhibit F Response for National Cooperative Contract located on the Attachments tab and upload the completed documents here. OMNIA Partners - Exhibit G New Jersey Business Compliance Exhibit G New Jersey Business Compliance.pdf Please complete the OMNIA Partners - Exhibit G New Jersey Business Compliance fors, located on the Attachments tab, and upload the completed documents here. MRO Addendum Bid Attributes MRO Addendum 1 and 2.pdf 1 Oral Communication Oral communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal. 01 have read and agree. 2 Scope of Work Please download and thoroughly review the Scope of Work, located on the Attachments Tab. Indicate your review and acceptance below. 01 have read and agree. 3 Terms and Conditions Please download and thoroughly review the Terms and Conditions, located on the Attachments Tab. Indicate your review and acceptance below. 01 have read and agree. Page 4 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 4 Products/Pricing - Upload on Response Attachments Tab Offerors shall provide pricing based on a discount from a manufacturers price list, or fixed price, or a combination of both with indefinite quantities. Offeror may offer their complete product, and service offering as a balance of line. Prices listed will be used to establish the extent of a manufacturers product lines, services, warranties, etc. that are available from Offeror and the pricing per item. Multiple percentage discounts are acceptable if, where different percentage discounts apple, the different percentages are specified. Additional pricing and/or discounts may be included. Products and services proposed are to be priced separately with all ineligible items identified. Offerors may elect to limit their proposals to any category or categories. The discount proposed shall remain the same throughout the term of the contract and at all renewal options. Price lists must contain the following: (if applicable) • Manufacturer Part # • Offeror's Part # (if different from manufacturer part #) • Description • Manufacturers Suggested List Price and Net Price • Net price to Region 4 ESC (including freight) 5 Is pricing available for all products and services? ❑ Yes 0 No 6 Shipping Costs Describe any shipping and/or delivery charges including the methodology for when said charges will be calculated for (1) orders placed on the Offerors website; (2) orders picked up at the retail store/storefront location; (3) orders delivered by supplier employees. (1) Lowe's offers standard parcel shipping and free standard shipping for orders totaling $45 or more - (2) Lowe's does not charge for retail location pickup (3) Lowe's offer Lowe's truck delivery to our customers. Please review the Additional Information Document for Attributes. 7 Warranty Pricing Provide pricing for warranties on all products and services. Lowe's Protection Plans are available for purchase on Major Appliances, Grills & Smokers, Outdoor Power Equipment, Power Tools, Heating & Cooling, Small Appliances, Plumbing and Waters Heaters. Please review the Additional Information Document for Attributes. 8 Describe any return or restocking fees. Lowe's does not charge any fees for returns except special orders product canceled after 72 hours from purchase are subject to a 20 % restocking fee. Please review the Additional Information Document for Attributes. 9 Describe any installation charges and when they are applicable. Lowe's will do normal hookup of appliances, but no installation will be allowed by a licensed contractor. 1 Discounts or Rebates 0 Describe any additional discounts, special offers, promotions or rebates available. Additional discounts or rebates may be offered for large quantity orders, single ship to location, growth, annual spend, guaranteed quantity, etc. Lowe's offers Volume Savings Program for order over $1,500 instore or online. If utilizing a Lowe's Commercial Account or Lowe's Pro Account a 5% discount at point of sale. An annual rebate based on the agencies spend. Please review the Additional Information Document for Attributes. 1 1 Verification of Contract Pricing Describe how customers verify they are receiving Contract pricing. Lowe's will be offering an annual rebate per attribute 10. The customer will receive an 5% discount at point of sale when utilizing a Lowe's Commerical or Lowe's Pro Account. Page 5 of 30 pages Vendor. Love's Home Centers, LLC 24-08 Addendum 4 1 2 Describe invoicing process. Include payment terms and acceptable methods of payment outlining any associated fees pertaining to credit cardlp-cards. Lowe's does not charge any fees pertaining to accepting an credit card or P-Cards. Lowe's does offer several credit plans to help assist OMNIA Partners agencies in their purchasing needs. Please review the Additional Information Document for Attributes. 1 3 Frequency of Pricing Updates Propose the frequency of updates to the Offeror's pricing structure. Describe any proposed indices to guide price adjustments. If offering a catalog contract with discounts by category, while changes in individual pricing may change, the category discounts should not change over the term of the Contract. Lowe's will be offering 5% off retail price when utilzing an Lowe's Commercial Account or Lowe's Pro Supply Account. The Marketbasket pricing will be held for 12 months. 1 Describe how future product introductions will be priced and align with Contract pricing proposed. 4 Any future product introductions will be priced a retail price or promotional pricing and will not be added to contract pricing market basket. 1 5 Not to Exceed Pricing Region 4 ESC requests pricing be submitted as not to exceed pricing. Unlike fixed pricing, the Contractor can adjust submitted pricing lower if needed but, cannot exceed original pricing submitted. Contractor must allow for lower pricing to be available for similar product and service purchases. Cost plus pricing as a primary structure is not acceptable. 1 Proposed category discounts should remain the same for at least a minimum of the first 12 months after B the contract award. All pricing must be verifiable and auditable from the date of the contract award. 1 Federal Funding Pricing 7 Due to products and services potentially being used in response to an emergency or disaster recovery situation in which federal funding may use, provide alternative pricing that does not include cast plus a percentage of cast or pricing based on time and materials; if time and materials is necessary, a ceiling price that the contract exceeds at its awn risk will be needed. Products and services provided in a situation where an agency is eligible for federal funding, Offeror is subject to and must comply with all federal requirements applicable to the funding including, but not limited to the FEMA Special Conditions section located in the Federal Funds Certifications Exhibit. 0 Agree ❑ Disagree 1 Appendix D, Exhibit A, OMNIA Partners Response for National Contract B Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative Contract. Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales farce about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe haw volume will be tracked and reported to OMNIA Partners. 1 9 Appendix D, Exhibit B, OMNIA Partners Administration Agreement The successful Offeror will be required to sign Appendix D, Exhibit B, OMNIA Partners Administration Agreement prior to Contract award. Offerors should have any reviews required to sign the document prior to submitting a response. Offeror's response should include any proposed exceptions to OMNIA Partners Administration Agreement on Appendix B, Terms and Conditions Acceptance Form. 2 B Appendix D, Exhibits F and G Include completed Appendix D, Exhibits F. Federal Funds Certifications and G. New Jersey Business Compliance. Page 6 of 30 pages Vendor: Love's Home Centers, LLC 24-08 Addendum 4 2 1 Describe how Offeror responds to emergency orders. Lowe's opens the Command Center to serve our customers during their time of need. Please review the Additional Information Document for Attributes. 2 2 What is Offerors average Fill Rate? 95% YTD 2 3 What is Offeror's average on time delivery rate? Describe Offeror's history of meeting the shipping and delivery timelines. 95% YTD 2 4 Describe Offerors return and restocking policy. Yes, Lowe's has a return and restocking policy. Please visit https:// v .lowes.wm/I/help/returns-policy for more information and review the Additional Information Document for Attributes for Attribute 8. 2 5 Describe Offeror's ability to meet service and warranty needs. Exceptional Service and if we can't repair it, we'll help you replace it with a new product. Please visit https:/t ✓ .lowes.wm/I/help/lowes-protection-plan to review our plans and services in more detail. 2 6 Describe Offeror's ability to provide on -site and/or online training and education programsiseminars. Lowe's sales team can work with agencies interested in training on an as needed basis either on site or online. 2 7 Describe Offeror's customer service/problem resolution process. Include hours of operation, number of services, etc. Lowe's has an dedicated email and hotline to assist our government customers with any issues. Please review the Additional Information Document for Attributes. 2 9 Describe Offerors invoicing process. Include payment terms and acceptable methods of payments. Offerors shall describe any associated fees pertaining to credit cards/p-cards. Lowe's does not charge any fees pertaining to accepting an credit card or P-Cards. Lowe's does offer several credit plans to help assist OMNIA Partners agencies in their purchasing needs. Please review the Additional Information Document for Attributes. 2 9 Describe Offeror's contract implementation/customer transition plan. Lowe's will "grandfather' any agencies using the existing contract OMNIA Partners Region ESC 4 to the newly awarded contract with OMNIA Partners. Lowe's team will work with the Sales Teams to make sure they are trained on the newly awarded agreement. 3 D Describe the financial condition of Offeror. Please visit https://corporate.lowes.wm/investors to review our annual report and other investor documentation. Please review the Additional Information Document for Attributes. 3 1 Describe Offeror's ordering capabilities for Participating Public Agencies. Provide a website link in order to review website ease of use, availability, and capabilities related to ordering, returns and reporting. Describe the website's capabilities and functionality including the following features: product lookup, ability to set authorization limits, and ability to download order invoice history reports. Lowe's offer online and ePRO options for your ordering capabilities. The features are product search, ease of use, product inventory view, purchase authorization limits, purchase history, reporting capabilities, etc. Please review the Additional Information Document for Attributes. Page 7 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 3 2 Describe the Offeror's safety record. Lowe's take safety in our stores serious and have several programs in place. Please review the Additional Information Document for Attributes. 3 3 Describe Offeror's green or environmental initiatives or policies. Today, we're proud to share Lowe's 20th annual corporate responsibility report, outlining our approach to sustainability and highlighting our goals, performance and progress to date. Our sustainability strategy focuses on three pillars: Our People & Our Communities, Product Sustainability and Operational Excellence. Please review the Additional Information Document for Attributes. 3 4 Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications. Lowe's recognizes the importance of strengthening our bonds with the diverse communities we serve. Please review the Additional Information Document for Attributes. 3 5 Provide a brief history of the Offeror, including year it was established and corporate office location. Lowes was established in 1946 and is based in Mooresville NC. For nearly 100 years, we've served customers by remembering we do so much more than sell products. Please review the Additional Information Document for Attributes. 3 0 Describe Offeror's reputation in the marketplace. Lowe's has been around for 100 years serving the communities with product and helping during disasters. Please review the Additional Information Document for Attributes under Attribute 18 3 7 Describe Offeror's reputation of products and services in the marketplace. Lowe's offers a wide variety of product in our stores and online to service our customers needs. Lowe's offers delivery services and Lowe's Pro Protection Warranty Plans to help assistance our customers. 3 8 Describe if distributors/dealers/resellers/subsidiaries/partners ("affiliates") will be used to fulfill the contract. Submit a list of those affiliates authorized to sell under the proposed contract. Where and how does OOeror propose to maintain an authorized affiliate list so it may be accessed by Participating Agencies? How often does the supplier propose to update the affiliate list? Confirm the Offeror reviews the financial health, debarment status and overall general capacity of authorized affiliates. OOerors who use authorized affiliates are responsible for ensuring authorized affiliates are preforming in accordance with the contract. Lowe's Pro Supply services our multi -family customers with a full line of product to serve their needs. 3 9 Describe the experience and qualifications of key employees. Lowe's Strategic Account Managers, Sr. Strategic Account Managers and Director of Strategic Accounts have been working with agencies for over 20 years with Lowe's or other agencies. They will help the agency setup an Purchase Account, Lowes.com account and help with quotes when needed. 4 0 Describe Offeror's experience working with the government sector. Lowe's has held several cooperative contracts and have experienced Strategic Account Managers to assist government agencies with their purchasing needs. Page 8 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 4 1 Describe past litigation, bankruptcy, reorganization, state investigations of entity/supplier or current officers and directors. Claims, suits and judgements occur in the normal course of business. Lowe's discloses material legal proceedings in its annual 1OK report, the most recent of which may be accessed through the U.S. Securities and Exchange Commission's website at: https:/Avww.sec.gov/edgar.shtmi 4 2 References Provide a minimum of 10 customer references relating to the products and services within this RFP. Include entity name, contact name and title, contact phone and email, city, state, years serviced, description of services and annual volume. Lowe's has listed our references in Additional Information Document for Attributes. 4 3 Value Add Provide any additional information related to products and services Offeror proposes to enhance and add value to the Contract. Lowe's offer Tool Rental in some of our stores. Please visit https://www.lowes.com/l/shop/rental for more information. 4 4 Competitive Range It may be necessary to establish a competitive range. Factors from the predetermined criteria will be used to make this determination. Responses not in the competitive range will not receive further award consideration. Region 4 ESC may determine establishing a competitive range is not necessary. 4 5 Past Performance An Offeror's past performance and actions are relevant in determining whether or not the Offeror is likely to provide quality goods and services; the administrative aspects of performance; the Offerors history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Offerors businesslike concern for the interests of the customer may be taken into consideration when evaluating proposals, although not specifically mentioned in the RFP. 4 S Additional Investigations Region 4 ESC reserves the right to make such additional investigations as it deems necessary to establish the capability of any Offeror. 4 7 Supplier Response Supplier must supply the following information for the Principal Procurement Agency to determine Supplier's qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners. 4 8 Brief history and description of Supplier to include experience providing similar products and services. Lowe's has been in business for nearly 100 years working with PRO and Government Agencies to help provide items needed for maintenance, repair and operational needs. 4 9 Total number and location of salespersons employed by Supplier. Lowe's employs over 300,000 associates across our organization to make sure we have the right product and price for your agencies. 5 0 Number and location of support centers (if applicable) and location of corporate office. 3 Call Support Centers (Wilkesboro, NC - Albuquerque, NM - Indianapolis, IN and the corporate office in Mooresville, NC Page 9 of 30 Pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 5 Annual sales for the three previous fiscal years. 1 $86377000 5 2 Annual sales for the three previous fiscal years. $97059000 5 3 Annual sales for the three previous fiscal years. $96250000 5 4 Indicate if supplier holds any certifications and include proof of such certification. Minority Women Business Enterprise ❑ Yes [0 No 5 5 If yes, list certifying agency: No response 5 6 Indicate if supplier holds any certifications and include proof of such certification. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise ❑ Yes 1Z No 5 7 If yes, list certifying agency: No response 5 6 Indicate if supplier holds any certifications and include proof of such certification. Historically Underutilized Business (HUB) ❑ Yes [0 No 55 If yes, list certifying agency: No response 6 0 Indicate if supplier holds any certifications and include proof of such certification. Historically Underutilized Business Zone Enterprise (HUBZone) ❑ Yes 1Z No 6 1 If yes, list certifying agency: No response 6 2 Indicate if supplier holds any certifications and include proof of such certification. Other recognized diversity certificate holder ❑ Yes [Z No Page 10 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 6 3 If yes, list certifying agency: No response 6 4 Contractor Relationships List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority -owned standards. If any, list which certifications subcontractors hold and certifying agency. Lowe's will not be offering any contractor services under this contract. 6 5 Describe how supplier differentiates itself from its competitors. Our Strategy, Our Business, Executive Leadership, Our People, Our History and Our Communities. Please review the Additional Information Document for Attributes. 6 Felony Conviction Notice 6 Indicate if the supplier: • is a publicly held corporation and this reporting requirement is not applicable; • is not owned or operated by anyone who has been convicted of a felony; or • is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions. Ea publicly held corp. & reporting is not applicable ❑ not owned/operated by who has felony conviction ❑ is owned or operated by an individual(s) who has 6 Debarment or suspension actions 7 Describe any debarment or suspension actions taken against supplier. Lowe's has not had any debarment or suspension actions 6 Distribution, Logistics 6 Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier. Lowe's stores stock tens of thousands of unique products and have thousands more available by Special Order — offering everything customers need to build, beautify and enjoy their homes including appliances, tools, hardware, paint and building materials. Lowe's will meet your supply needs. Please review the Additional Information Document for Attributes. 6 Distribution 9 Describe how supplier proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas. Lowe's offers a walk-in solution, On -Line and elarocurement Solutions to help customers with their purchases. Please review the Additional Information Document for Attributes. 7 Indicate if Offeror is licensed to do business in all 50 states. 0 ❑✓ Yes ❑ No Page 11 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 7 Distribution 1 Describe how Participating Agencies are ensured they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement. A price file will be loaded under their account so they will receive the market basket pricing. When utilizing a Lowe's Commercial Account or Lowe's Pro Supply account the agency will receive an 5% discount at point of sale. 7 Logistics 2 Identifyall other companies that will be involved in processing, handling or shipping p p g, g Aping the products/services to the end user. Lowe's could parcel ship by UPS, USPS or FEDEX. Lowe's Delivery Team and 3rd Party Delivery Teams. 7 Logistics 3 Provide the number, size and location of Supplier's distribution facilities, warehouses and retail networks as applicable. Lowe's has over 1,700 stores location in the United States to serve our customer needs. Agencies are able to view Lowe's retail stores/storefront locations by visiting the following website: www.lowes.com/store/ Please review the Additional Information Document for Attributes. 7 Marketing and Sales 4 Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier's primary go to market strategy for Public Agencies to supplier's teams nationwide, to include, but not limited to: • Executive leadership endorsement and sponsorship of the award as the public sector go -to -market strategy within first 10 days. • Training and education of Suppliers national sales force with participation from the Supplier's executive leadership, along with the OMNIA Partners team within first 90 days. Please review the Additional Information Document for Attributes. Page 12 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 7 90-day Plan 5 Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participafing Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nafionwide immediately upon award, to include, but not limited to: • Creation and distribution of a co -branded press release to trade publications • Announcement, Master Agreement details and contact information published on the Supplier's website within first 90 days. • Design, publication and distribution of co -branded marketing materials within first 90 days • Commitment to attendance and participation with OMNIA Partners at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier -specific trade shows, conferences and meetings throughout the term of the Master Agreement • Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners for partner suppliers. Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to provide reasonable assistance to the overall promoton and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners. • Design and publication of national and regional advertising in trade publications throughout the tens of the Master Agreement • Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) • Dedicated OMNIA Partners internet web -based homepage on Suppliers website with: ,OMNIA Partners standard logo; ,Copy of original Request for Proposal; ,Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier; ,Summary of Products and pricing; •Marketing Materials ,Electronic link to OMNIA Partners' website including the online registration page; •A dedicated toll -free number and email address for OMNIA Partners Please review the Additional Information Document for Attributes. 7 Transition 6 Describe how Supplier will transition any existing Public Agency customers' accounts to the Master Agreement available nationally through OMNIA Partners. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements. Lowe's will "grandfather" any agencies using the existing contract OMNIA Partners Region ESC 4 to the newly award contract with OMNIA Partners. Lowe's hold an NASPO ValuePoint and E&I Cooperative Services Cooperative Contracts. 7 Logo 7 Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to provide permission for reproduction of such logo in marketing communications and promotons. Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well. ❑✓ Yes ❑ No Page 13 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 7 Sales 8 Confirm Supplier will be proactive indirect sales of Supplier's goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the Supplier's sales initiatives should communicate: • Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency • Best government pricing • No cost to participate • Non-exclusive ❑✓ Yes ❑ No 7 Training 9 Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include: • Key features of Master Agreement • Working knowledge of the solicitation process • Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners • Knowledge of benefits of the use of cooperative contracts ❑✓ Yes ❑ No 8 Responsibility D Provide the name, title, email and phone number for the person(s), who will be responsible for: • Executive Support • Marketing • Sales • Sales Support • Financial Reporting • Accounts Payable • Contracts The key personnel are outlined in the Additional Information Document for Attributes. 8 Sales Force 1 Describe in detail how Supplier's national sales force is structured, including contact information for the highest - level executive in charge of the sales team. Please review Additional Information for Attributes on page 33 section H 8 Implementation 2 Explain in detail how the sales teams will work with the OMNIA Partners team to implement, grow and service the national program. Please review Additional Information for Attributes on page 34 section J 8 Program Management 3 Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participafing Public Agency account set-up, timely contract administration, etc. Please review Additional Information for Attributes on page 34 section J Page 14 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 8 Supplier's Customer List 4 State the amount of Supplier's Public Agency sales for the previous fiscal year. Provide a list of Supplier's top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. Please review Additional Information for Attributes on page 34 section L 8 System Capabilities and Limitations 5 Describe Supplier's information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. Lowe's on-line Lowes.com and eProcurement platforms will accept any payment tender such as: P-Cards. Lowe's Commerical Accounts and Lowe's Pro Supply Account. 8 Projected Sales Year One S Provide the Contract Sales (as defined in Section 12 of the OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement ("Guaranteed Contract Sales"). To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. $120000000 8 Projected Sales Year Two 7 Provide the Contract Sales (as defined in Section 12 of the OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement ("Guaranteed Contract Sales"). To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. $125000000 8 Projected Sales Year Three 8 Provide the Contract Sales (as defined in Section 12 of the OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement ("Guaranteed Contract Sales"). To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. $130000000 8 Any portion of the response that should not be available on the website should be included on 9 Appendix B Terms & Conditions Acceptance Form. 9 Provide Offeror's expertise in working with public sector and understanding of the unique technical 0 regulatory requirements. Our Sales Team will always review any requirements needs with our corporate team to make sure we are always serving our agencies in the best possible way. 9 General Terms and Conditions 1 Respondent agrees to comply with the General Terms and Conditions provided as an attachment to this online bid event. Any deviations to the General Terms and Conditions may be provided using the procedures set forth in the attribute pertaining to deviations. 0 1 certify compliance with this attribute. Page 15 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 9 Felony Conviction Notification 2 State of Texas Legislative Senate Bill No. 1 Section 44.034, Notification of Criminal History, Subsection (a), stales "a person or business entity that enters into an agreement with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony". Subsection (b) states "a school district may terminate the agreement with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a), or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract". Subsection (c) states "this section does not apply to a publicly held corporation". Use the checkbox associated with this item to identify your status as it relates to this legal requirement. ❑ Non -Felon - person/owner IS NOT a convicted felon 0 Not Applicable -firm is a publicly held corporation ❑ Felon - person/owner IS a convicted felon 9 Name of Felon and Nature of Felony, if applicable 3 If response to previous attribute was "Felon - person/owner IS a convicted felon', vendor shall give the name of the felon and details of conviction. If you did not answer "Felon - person/owner IS a convicted felon' in the previous question, type "N/A" in the respective field. N/A 9 Criminal History Records Review of Certain Contract Employees 4 Texas Education Code Chapter §22.0834 requires that criminal history records be obtained regarding covered employees of entities that contract with a school entity in Texas to provide services for that school entity ("Contractors') and entities that contract with school entity contractors ("Subcontractors"). Covered employees with disqualifying criminal histories are prohibited from serving at a school entity. Contractors/Subcontractors contracting with a school entity shall (1) maintain compliance with the requirements of Texas Education Code Chapter 22 to the school entity; and (2) require that each of their subcontractors complies with the requirements of Texas Education Code Chapter 22. Contractors performing work at a school entity in Texas must comply with these statutes. Covered employees: Employees of a Contractor/Subcontractor who have or will have continuing duties related to the service to be performed at a school entity and have or will have direct contact with students. The school entity will be the final arbiter of what constitutes continuing duties and direct contact with students at their school. 01 certify compliance with this attribute. 9 Historically Underutilized Business (HUB) Certification 5 Businesses that have been certified by the Texas Building and Procurement Commission (TBPC) or other qualified agency as Historically Underutilized Business (HUB) entities are encouraged to indicate their HUB status when responding to this proposal invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Select one of the available options: OPTION A: My business has NOT been certified as HUB. OPTION B: I certify that my business has been certified as a Historically Underutilized Business (HUB), and I have/will upload the certification information into the "Response Attachments" Tab located in this online bidding event. 0 OPTION A 0 OPTION B Page 16 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 Disclosure of Interested Parties Texas state law requires the Disclosure of Interested Parties be filed with a public entity, including regional service centers and school districts, for any contract which: (1) requires an action or vote by the governing body; or (2) has a value of $1 million or more; or (3) for any services provided that would require an individual to register as a lobbyist under TX Gov't Code Chapter 305. NOTE: This form is not required if the vendor is a publicly -traded business entity, including a wholly -owned subsidiary of the business entity (a company in which ownership is dispersed among the general public via shares of stock which are traded via at least one stock exchange or over-the-counter market). If you are required by law to submit this form, it must be completed online at the Texas Ethics Commission website. Obtain a numbered certificate and click the link below to access the instructions and to complete this required form. Upon completion, vendors required to submit the form must attach it to the proposal via the "Response Attachments" Tab. Please note: The District must verify receipt of all required 1295 fortes received within 30 days on the Texas Ethics Commission website. This verification does not indicate a contract award. Contract awards will be issued via direct communication from the AISD Purchasing Department. A contract requiring a Disclosure of Interested Parties form is voidable at any time if: (1) the governmental entity or state agency submits to the business entity written notice of the business entity's failure to provide the required disclosure; and (2) the business entity fails to submit to the governmental entity or state agency the required disclosure on or before the 10th business day after the date the business entity receives the written notice. IF UNDER LAW YOU ARE EXEMPT FROM SUBMITTING THIS 1295 FORM, PROPOSERS MUST SUBMIT A DOCUMENT THAT SHOWS PROOF OF THIS EXEMPTION. ENTITY TYPES THAT ARE EXEMPT AND SHOULD ATTACH THIS PROOF ARE LISTED IN STATUE AS: • a sponsored research contract of an institution of higher education; • an interagency contract of a state agency or an institution of higher education; • a contract related to health and human services if: • the value of the contract cannot be determined at the time the contract is executed; and • any qualified vendor is eligible for the contract; • a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity; • a contract with an electric utility, as that term is defined by Section 31.002, Utilities Code; or • a contract with a gas utility, as that term is defined by Section 121.001, Utilities Code. ❑✓ 1 certify compliance with this attribute. Page 17 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 Conflict of Interest Questionnaire Region 4 Education Service Center (Region 4) is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers. House Bill 23 significantly changed Chapter 176 as well as the required disclosures and the corresponding forms. As of September 1, 2015, any vendor who does business with Region 4 or who seeks to do business with Region 4 must fill out the new Conflict of Interest Questionnaire (CIQ) if a conflict of interest exists. A conflict of interest exists in the following situations: 1) If the vendor has an employment or other business relationship with a local government officer of Region 4 or a family member of the officer, as described by section 176.003(a)(2)(A) of the Texas Local Government Code; or 2) If the vendor has given a local government officer of Region 4, or a family member of the officer, one or more gifts with the aggregate value of $100, excluding any gift accepted by the officer or a family member of the officer if the gift is: (a) a political contribution as defined by Title 15 of the Election Code; or (b) a gift of food accepted as a guest; or 3) If the vendor has a family relationship with a local government officer of Region 4. 'Vendor means a person who enters or seer to enter into a contact with a local governmental only The term includes an agent of a vendor. The term includes an officer or employee of a state agency when that indvidual is acting in a private capacity to enter into a contract The term does not include a state agency except for Texas Conecfional Industries. Texas Local Government Code 176001(7). "Business n)fetionabip-means a connection between two or more padres based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to ate or fee regulation by a federal, slate, or local governmental only or an agency of a federal, state, or local governmental entity, gm a transaction conducted at a pnce and subject to terms available to the public, or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and That is subject to regular examination by, and reporting to, that agency_ Texas Local Government Code 176 001(3). 'Family relationship' means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Government Code_ Texas Loral Government Code 176 00H2-a). 'Loral government olficat` means: (A) a member of the governing body of a local govemmental entity: (B) a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or (C) an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor Texas Local Government Code 176 Orlin. Individuals serving as a Member of the Board of Directors, the Executive Director, Cabinet Members, and other local government officers may be found at: httos://www.esc4.net/about/about-reuion-4. For additional information on Conflict of Interest Questionnaire, and the statutes that mandate it, please visit the following links: Texas Local Government Code, Section 176 Texas House Bill 23 A blank Conflict of Interest Questionnaire is available by clicking If your firm is required to return a completed Conflict of Interest Questionnaire with your proposal submission, use the "Response Attachments" Tab to upload the completed document. ❑d I certify compliance with this attribute. Page 18 of 30 pages Vendor: Lowe's Home Centers, LTC 24-08 Addendum 4 9 Entities that Boycott Israel 9 Pursuant to Chapter 2271 of the Texas Government Code, the Respondent hereby certifies and verifies that neither the Respondent , nor any affiliate, subsidiary, or parent company of the Respondent , if any (the "Respondent Companies"), boycotts Israel, and the Respondent agrees that the Respondent and Respondent Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. EXCEPTIONS Clause only applies to contracts and contractors that meet the hollowing criteria: (I) Respondent is not a side proprietorship; (li) with 10 or re full-time employees, and (iii) with a contract to be paid a value of $100,000 or more wholly or partially man public hinds of Me governmental entity © I certify compliance with this attribute. 9 Foreign Terrorist Organizations 9 Section 2252.152 of the Texas Government Code prohibits Region 4 ESC from awarding a contract to any person who does business with Iran, Sudan, or a foreign terrorist organization as defined in Section 2252.151 of the Texas Government Code. Respondent certifies that it not ineligible to receive the contract. ❑✓ 1 certify compliance with this attribute. 1 Firearm Entities and Trade Associations Discrimination 0 0 Respondent verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Region 4 ESC. APPLICAaIIITY This clause applies only to a counted Mat (1) is between a governmental entity and a company with at least 10 bill hme employees: and (2) has a value of at least $100,Onto that is paid wholly or partly from public hinds of the governmental entity EXCEPTIONS: This clause is not required when a state Agency (1) contracts with a solesourre provider, or (2) does not receive any bids Dom a company that is able to provide Me written verification requiretl by Section 2274 002(b) of the Texas Government Code. ❑✓ I certify compliance with this attribute. 1 Energy Company Boycott Prohibited 0 1 Respondent represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Cade does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Region 4 ESC. EXCEPTIONS: Clause only applies to contracts and contractors that meet the following caught: did a'company' within Me definitions of Section 2274.001(2) of the Tex. Gott Code, (li) with 10 or mom Poll -time employees, and (iii) with a compact to be paid a value of $10%000 or more wholly or partially fiom public funds of the governmental entity ❑✓ 1 certify compliance with this attribute. 1 Critical Infrastructure Affirmation 0 2 Pursuant to Government Code Section 2274.0102, Respondent certifies that neither it nor its parent company, nor any affiliate of Respondent or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274.0103, or (2) headquartered in any of those countries. EXCEPTION.- Clause only applies to solicitations and contacts in which the contractor would be grantetl direct or remote access to or control of critical inhasbucture, as defined by Section 2274 0101 of the Texas Government Code, in Mls state, other han access specdically allowed for protluct warranty andsupportpurposes. The Governor of Me State of Texas may designate counbles as a threat to critical Infrastructure under Section 2274.0103 of the Texas Govermnent Code_ Agencies should pamp0y add any country Mat is designated by the Governor to Mis clause ° ❑d 1 certify compliance with this attribute. Page 19 of 30 pages Vendor: Lowe's Home Centers, LLC 24-0a Addendum 4 1 Open Records Policy B 3 All proposals, information and documents submitted are subject to the Public Information Act requirements governed by the State of Texas once a Con[rac[(s) is executed. If an Offeror believes its response, or parts of its response, may be exempted from disclosure, the Offeror must specify page -by -page and line -by-line the parts of the response, which it believes, are exempt and include detailed reasons to substantiate the exemption. Price is not confidential and will not be withheld. Any unmarked information will be considered public information and released, if requested under the Public Information Act. The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror. Offeror is advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. Check one of the following responses to the Acknowledgment and Acceptance of Region 4 ESC's Open Records Policy below: OPTION A: We acknowledge Region 4 ESC's Open Records Policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act. OPTION B: We declare the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act and these requested exemptions are uploaded into the "Response Attachments" Tab located in this online bidding event. (Note: Ofiemr must specify page-byyage and hne-by-line Me parts of Me response, wbich d believes, are exempt In number, Ofiemr must include detailed reasons m substantiate the exemption(s) Price is not confidential and will not be withheld All information believed to be a trade secret or proprietary must be listed H is further understood Mat failure to identify such information, in shirt accordance wHh the instructions, will result in that information being considered public information and released, if requested under Me Public Information Ad ) 0 OPTION A- No proprietary information ❑ OPTION B - Proprietary information marked 1 Consent to Release Proposal Tabulation B 4 Notwithstanding anything explicitly and properly declared as Confidential or Proprietary Information to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the District may publicly release, including posting on the public Region 4 ESC and/or OMNIA Partners website(s), a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist names); proposed percentage discount(s), unit price(s), hourly labor rate(s), or other specified pricing; and Vendor award notice information. ❑✓ 1 certify compliance with this attribute. Page 20 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 1 Contracting Information 5 5 If Vendor is not a governmental body and (a) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by REGION 4 ESC; or (b) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by REGION 4 ESC in a fiscal year of REGION 4 ESC, the following certification shall apply; otherwise, this certification is not required. As required by Tex. Gov't Code § 552.374(b), the following statement is included in the RFP and the Agreement (unless the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral on a loan; or (3) proceeds from which are used to pay debt service of a public security of loan): "The requirements of Subchapter J, Chapter 552, Government Code, may apply to this RFP and Agreement and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter" Pursuant to Subchapter J, Chapter 552, Texas Government Code, the Vendor hereby certifies and agrees to (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to REGION 4 ESC for the duration of the Agreement; (2) promptly provide to REGION 4 ESC any contracting information related to the Agreement that is in the custody or possession of the Vendor on request of REGION 4 ESC; and (3) on completion of the Agreement, either (a) provide at no cost to AISD all contracting information related to the Agreement that is in the custody or possession of Vendor, or (b) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to REGION 4 ESC. © I certify compliance with this attribute. 1 Anti -Trust Certification Statement 0 6 Vendor affirms under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firth, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company have violated any federal antitrust law; and (4) Neither I nor any representative of the Company have directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. © I certify compliance with this attribute. 1 Federal Rule (A) - Contract Term Violations 7 (A) Contracts for more than the simplified acquisition threshold currently set at $250,000 (2 CFR §200.320), which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Pursuant to Federal Rule (A) above, when federal funds are expended by Region 4 ESC, Region 4 ESC reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. ❑✓ I certify compliance with this attribute. Page 21 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 1 Federal Rule (B) - Termination Conditions B B (B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when federal funds are expended by REGION 4 ESC, REGION 4 ESC reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor, in the event vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order, (2) make any payments owed, or (3) otherwise perform in accordance with the contract and/or the procurement solicitation; (4) to the greatest extent authorized by law, if an award no longer effectuates the program goals or priorities of the Federal awarding agency or REGION 4 ESC. REGION 4 ESC also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if REGION 4 ESC believes, in its sole discretion that it is in the best interest of REGION 4 ESC to do so. The vendor will be compensated for work performed and accepted and goods accepted by REGION 4 ESC as of the termination date if the contract is terminated for convenience of REGION 4 ESC. Any award under this procurement process is not exclusive and REGION 4 ESC reserves the right to purchase goods and services from other vendors when it is in the best interest of REGION 4 ESC. 01 certify compliance with this attribute. 1 Federal Rule (C) - Equal Employment Opportunity B 9 (C) Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract' in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60. 1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FIR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." It is the policy of REGION 4 ESC not to discriminate on the basis of race, color, national origin, gender, limited English proficiency or disabling conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every subcontract entered into for the performance of this Contract shall contain a provision requiring non-discrimination in employment herein specified binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract. Pursuant to Federal Rule (C) and the requirements stated above, when federal funds are expended by REGION 4 ESC on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. ❑� I certify compliance with this attribute. Page 22 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 1 Federal Rule (D) - Davis Bacon Act/Copeland Act 1 D D Davis -Bacon Act, as amended 40 U.S.C. 3141-3148 . When required b Federal program legislation, all rime I) q Y P 9 9 P construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United Slates"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to Federal Rule (D) above, when federal funds are expended by REGION4 ESC, during the term of an award for all contracts and subgrants for construction or repair, the vendor will be in compliance with all applicable Davis -Bacon Act provisions. 01 certify compliance with this attribute. 1 Federal Rule (E) - Contract Work Hours and Safety Standards Act 1 1 (E) (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Pursuant to Federal Rule (E) above, when federal funds are expended by REGION 4 ESC, the vendor certifies that during the term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act. ❑� I certify compliance with this attribute. 1 Federal Rule (F) - Rights to Inventions Made Under a Contract or Agreement 1 2 (F)If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Finns Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Pursuant to Federal Rule (F) above, when federal funds are expended by REGION 4 ESC, the vendor certifies that during the term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. ❑✓ I certify compliance with this attribute. Page 23 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 1 Federal Rule (G) - Clean Air Act/Federal Water Pollution Control Act 3 (G) The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When federal funds are expended by REGION 4 ESC for any contract resulting from this procurement process, the vendor certifies that the vendor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). When federal funds are expended by REGION 4 ESC for any contract resulting from this procurement process in excess of $100,000, the vendor certifies that the vendor is in compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15. Pursuant to Federal Rule (G) above, when federal funds are expended by REGION 4 ESC, the vendor certifies that during the term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. © I certify compliance with this attribute. 1 Federal Rule (H) - Debarment and Suspension 4 (H) (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Pursuant to Federal Rule (if above, when federal funds are expended by REGION 4 ESC, the vendor certifies that during the term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas. Vendor shall immediately provide written notice to REGION 4 ESC if at any time the vendor learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. REGION 4 ESC may rely upon a certification of a vendor that the vendor is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless REGION 4 ESC knows the certification is erroneous. ❑✓ 1 certify compliance with this attribute. Page 24 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 1 Federal Rule (1) - Byrd Anti -Lobbying Amendment 5 (1) (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. Pursuant to Federal Rule (n above, when federal funds are expended by REGION 4 ESC, the vendor certifies that during the term and after the awarded term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti - Lobbying Amendment (31 U. S.C. 1352). The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, `Disclosure Form to Report Lobbying', in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ❑✓ I certify compliance with this attribute. 1 Federal Rule (J) - Procurement of Recovered Materials 1 6 (J) When federal funds are expended by REGION 4 ESC, REGION 4 ESC and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to Federal Rule (J) above, when federal funds are expended REGION 4 ESC, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the vendor certifes, by signing this document, that the percentage of recovered materials content for EPA -designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements. ❑✓ I certify compliance with this attribute. Page 25 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 1 Federal Rule (K) - Prohibition on certain Telecom and Surveillance Service and Equipment 1 7 (K) ALIEF ISO, as a non-federal entity, is prohibited from obligating or expending Federal financial assistance, to include loan or grant funds, to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain, or (3) enter into a contract (or extend or renew a contract) to procure or obtain, equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as a critical technology as part of any system. Covered telecommunications equipment is telecommunications equipment produced Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and physical security surveillance of critical infrastructure and other national security purposes, and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes detailed in 2 CFR § 200.216. The Respondent certifies that it will not purchase equipment, services, or systems that use covered telecommunications, as defined herein, as a substantial or essential component of any system, or as critical technology as part of any system. 01 certify compliance with this attribute. 1 Federal Rule (L) - Buy American Provisions 1 8 (L) As appropriate and to the extent consistent with law, REGION 4 ESC has a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, including but not limited to iron, aluminum, steel, cement, and other manufactured products, when spending federal funds. Vendor agrees that the requirements of this section will be included in all subawards including all contracts and purchase orders for work or products under this award, to the greatest extent practicable under a Federal award. Purchases that are made with non-federal funds or grants are excluded from the Buy American Act. Vendor certifies that it is in compliance with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must still follow the applicable procurement rules calling for free and open competition. 'Produced in the United States' means, for iron and sleel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in Me United States. -Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and potymeobaced products such as pohnanyl chloride pipe, aggregates such as concrete, glass, washing optical fiber, and lumber ❑✓ 1 certify compliance with this attribute. 1 Federal Rule - Required Affirmative Steps for Small, Minority, And Women -Owned Firms for Contracts 1 Paid for with Federal Funds 9 When federal funds are expended by REGION 4 ESC, Vendor is required to take all affirmative steps set forth in 2 CFR 200.321 to solicit and reach out to small, minority and women owned firms for any subcontracting opportunities on the project, including: 1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. © I certify compliance with this attribute. Page 26 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 1 Federal Rule - Federal Record Retention 2o When federal funds are expended by REGION 4 ESC for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR §200.334. The vendor further certifies that vendor will retain all records as required by 2 CFR §200.334 for a period of five (5) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Vendor agrees that REGION 4 ESC, Inspector General, Department of Homeland Security, FEMA, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor, and its successors, transferees, assignees, and subcontractors that are directly pertinent to the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. Vendor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Vendor agrees to provide the FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Contract. 01 certify compliance with this attribute. 1 Federal Rule - Profit Negotiation 2 1 For purchases using Federal funds in excess of $250,000, REGION 4 ESC may be required to negotiate profit as a separate element of the price. (See 2 CFR 200.324(b)). When required by REGION 4 ESC, Vendor agrees to provide information relating to profitability of the given transaction and itemize the profit margin as a separate element of the price. 01 certify compliance with this attribute. 1 Federal Rule - Solid Waste Disposal Act 2 2 A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Sold Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceed $10,000; procuring sold waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (78 FIR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014.) Pursuant to this federal rule, when federal funds are expended by REGION 4 ESC, the vendor certifies that during the term of all contracts resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in this paragraph. 01 certify compliance with this attribute. Page 27 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 1 Federal Rule - Never Contract with the Enemy — 2 C.F.R. § 200.215 2 S When federal funds are expended by REGION 4 ESC for grant and cooperative agreements, or any contract resulting from this procurement process, that are expected to exceed $50,000 within the period of performance, and are performed outside of the United States, including U.S. territories, to a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, REGION 4 ESC will terminate any grant or cooperative agreement or contract resulting from this procurement process as a violation of Never Contract with the Enemy detailed in 2 CFR Part 183. The vendor certifies that it is neither an excluded entity under the System for Award Management (SAM) nor Federal Awardee Performance and Integrity Information System (FAPIIS) for any grant or cooperative agreement terminated due to Never Contract with the Enemy as a Termination for Material Failure to Comply. AISD has a responsibility to ensure no Federal award funds are provided directly or indirectly to the enemy, to terminate subawards in violation of Never Contract with the Enemy, and to allow the Federal Government access to records to ensure that no Federal award funds are provided to the enemy. 01 certify compliance with this attribute. 1 Applicability to Subcontractors 2 4 Vendor agrees that all contracts it awards pursuantto this procurement action shall be bound by the terms and conditions of this procurement action. 01 certify compliance with this attribute. 1 Compliance with the Energy Policy and Conservation Act 2 5 When REGION 4 ESC expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatary standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 at seq.; 49 C.F.R. Part 18). 01 certify compliance with this attribute. Page 28 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 1 Indemnification 2 6 Acts or Omissions Vendor shall indemnify and hold harmless Region 4, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or resulting from any acts or omissions of the Vendor or its agents, employees, subcontractors, Order Fulfillers, or suppliers of subcontractors in the execution or performance of the Contract and any Purchase Orders issued under the Contract. Infringements a) Vendor shall indemnify and hold harmless Region 4 and Customers, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third party claims involving infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with the PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS CONTRACT. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES. b) Vendor shall have no liability under this section if the alleged infringement is caused in whole or in part by: (i) use of the product or service for a purpose or in a manner for which the product or service was not designed, (ii) any modification made to the product without Vendor's written approval, (iii) any modifications made to the product by the Vendor pursuant to Customer's specific instructions, (iv) any intellectual property right owned by or licensed to Customer, or (v) any use of the product or service by Customer that is not in conformity with the terms of any applicable license agreement. c) If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor's sole option and expense; (i) procure for the Customer the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that Customer's use is non -infringing. Taxesf Workers' Compensation/Unemployment Insurance — Includina Indemnity a) VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT, VENDOR SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF VENDOR'S AND VENDOR'S EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS CONTRACT. VENDOR AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE CUSTOMER AND/OR REGION 4 SHALL NOT BE LIABLE TO THE VENDOR, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER. b) VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS CUSTOMERS, REGION 4 AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEYS' FEES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION IN ITS PERFORMANCE UNDER THIS CONTRACT, VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES. © I certify compliance with this attribute. 1 Excess Obligations Prohibited 2 7 Proposer understands that all obligations of Region 4 ESC under the contract are subject to the availability of state funds. If such funds are not appropriated or became unavailable, the contract may be terminated by Region 4 ESC. 01 certify compliance with this attribute. 1 Suspension and Debarment 8 8 Respondent certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the contract by any state or federal agency. 01 certify compliance with this attribute. Page 29 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 Change in Law and Compliance with Laws Proposer shall comply with all laws, regulations, requirements and guidelines applicable to a vendor providing services and products required by the contract to the Region 4 ESC, as these laws, regulations, requirements and guidelines currently exist and as amended throughout the term of the contract. Region 4 ESC reserves the right, in its sole discretion, to unilaterally amend the contract prior to award and throughout the term of the contract to incorporate any modifications necessary for compliance with all applicable state and federal laws, regulations, requirements and guidelines. 01 certify compliance with this attribute. Page 30 of 30 pages Vendor: Lowe's Home Centers, LLC 24-08 Addendum 4 Additonal Information for Attributes Attribute 6 — Shipping Costs Please visit https://www.lowes.com/I/help/shipping-delivery for more information: (1) Orders placed on the Offerors Website: Standard Parcel Shipping Standard: Delivery in one to seven business days. Large & Bulky Item Shipping Please allow seven to ten business days for delivery. Packages with one side longer than 105 inches, weight more than 150 pounds, or length, width, and height more than a total of 162 inches must be shipped using this method. If your item(s) are too large or heavy to ship via standard parcel shipping, we'll deliver them to the nearest main entrance of your home (or as close as possible for gated homes). Processing Times Processing times vary, based on the location of the distribution center where the item originates. Get the most accurate delivery estimate after putting the item in your cart. FREE Standard Shipping Applies To: • Orders totaling $45 or more before taxes, fees or shipping charges. • Orders with items weighing less than 150 pounds (or 70 pounds for PO boxes and APO/FPO addresses) that meet standard weight or cube requirements. • Orders shipping to a single address. (2) Orders picked up at the retail store/storefront location: Lowe's does not charge for orders picked up at our store locations. Please view the different ways to pickup merchandise at our over 1,700 Lowe's locations. Take advantage of faster and easier pickup. Our simple check -in process notifies our associates so that you get your order as fast as possible. Curbside In Store How It Works Order IS Head to the Store 3uy online and choose Free Pickup and your Before you head to the stare, select Check in on your xeferred method of communication. You'll receive on notification, then select I'm on my way. We'II have tpdate as soon as your order is ready. your order ready and waiting for you. Locker Pick Up • In Store: Follow the store signs to your pickup zone and select I'm here to check in. • Curbside: Park in the desianated curbside area and select I'm here on your mobile device, and you'll get your order shortly. • Locker: Follow the store signs to the locker and use your email or phone to scan your locker barcode. (3) Orders delivered by supplier employees: E. L©WE 0 0 Scheduling & Delivery 1 In your shopping cart, choose a truck delivery option- 2. Use a saved address or enter a new delivery address. Also provide any delivery instructions (access codes, dock instructions, etc)- 3. Under Delivery Details at checkout, schedule your delivery date and time. Your delivery details will be included in your confirmation email. Sheetrock Delivery Labor Used when Sheetrock is hand -carried to specific locations within the jobsite. The recommended charge is $2 per sheet. In select stores, the Drywall Boom and Scatter program is offered to allow a vendor to deliver drywall to rooftops and other locations on the jobsite. Shingle Delivery Labor Used when shingles are hand -carried to specific locations (garage, second floor of a dwelling, etc.). The recommended charge is $1 per bundle. There aren't any additional charges if the load is placed at the jobsite. We have the appliance selection, delivery options and services you need to make getting your new appliances easy. Haul away is an additional purchase. For Pros, haul away is included with product purchase only. Just add haul away at checkout. Attribute 7 — Warranty Pricing Please visit https://www.lowes.com/I/help/lowes-protection-plan and click ont he product icon to review the pricing. The cost is based on the price of the product and the number of years plan you purchase. Lowe's Protection Plans We Stand by Our Plans Our plans stand up to the unexpected — the unforeseen. And when you break it down, it's a small price to pay for total peace of mind, especially when our plans pay you back. ICJ < ) CU) D Replacement Promise Parts and Labor Power Surge Protection Fix It or Replace It Have a problem with your product Covers the cost of parts and labor due Covers the cost of parts and labor in Lemon or no lemon — if it needs four that cant be fixed? We'll help replace to normal wear and tear after the the event of a power surge. repairs, even for different defects, we'll it. manufacturer's warranty ends. help replace it. Eligible for Protection PL Major Grills & Smokers Outdoor Power Power Tools Heating & Small Appliances Plumbing Water Heaters Appliances Equipment Coaling Attribute 8 — Return and Restocking Fees: Please visit https://www.lowes.com/I/help/returns-policy for more information. Return It in Store or Ship It Back for online orders. 1. Check the order details for your item's return eligibility. 2. Start a return online to get an in-store return barcode or, for eligible items, a FedEx return label. 3. With your product and return barcode or receipt, make your way to the customer service desk at your local Lowe's store or, if you're shipping your return, to a FedEx drop-off location. Return Policy Lowe's is committed to partnering with you to achieve your home improvement goals. If you're not completely satisfied with your Lowe's purchase, simply return the merchandise to any Lowe's store in the US. Most new, unused merchandise can be refunded or exchanged with receipt within 90 days of the original purchase date, unless noted in our Return Policy Exceptions. If your purchase was made with a Lowe's Commercial Account (LCA), Lowe's Business Advantage (LBA), MyLowe's Rewards Credit Card, Lowe's Business Rewards (LBR), or Lowe's Preload Plus Mastercard® you have 365 days from the date of purchase to return the product, unless noted in our Return Policy Exceptions. All returns are subject to system approvals. Returns with a valid proof of purchase will be exchanged or refunded to the original method of payment, except as set forth by the following: Purchases made with: • Lowe's Gift Card, refund card, merchandise card or in-store credit, or through a Lowe's branded storefront on a third -party marketplace will be refunded as in-store credit. • Check will be refunded as in-store credit if within 3 days of purchase; if after 3 days, purchases may be refunded in cash or in-store credit as determined by refund verification systems. No refund will be provided if you have an outstanding bad check with Lowe's as determined by check verification systems. • Lowe's Pay are credited back to the financing institution, which will handle the refund process with you directly. Purchases made with Lowe's Pay cannot be refunded to cash and/or in-store credit and do not qualify for Lowe's credit card Return Policy extensions. 0 MyLowe's MoneyT"' will be refunded to the digital wallet. LOWEV J ' Special Order Configured Products Restocking Fee Special Order configured products returned or canceled after 72 hours from purchase are subject to a 20% restocking fee. Must be returned to the store where the product was purchased. The restocking fee will be taxed in select states. This restocking fee applies to installed sales unless otherwise provided in your installation contract or right to cancel. Attribute 10 — Discounts or Rebates: Lowe's will offer the following to all agencies purchasing under the OMNIA Partners Purchasing Cooperative Agreement: • 5% off everyday when utilizing an Lowe's Commerical Account or Lowe's Pro Account Annual Rebate when qualifying purchases reach: Calendar Year 10,000.00— 25,000.00— $50,000.00 Qualifying $24,999.99 $49,999.99 plus Purchase Amount Tier Strategic Account 2%on Qualifying 4%on Qualifying 7% on Qualifying Rebate Purchases Purchases Purchases Illustration If Customer made $55,000.00 of Qualifying Purchases with Lowe's in a alendar year, Customer would qualify for a 7% Strategic Account Rebate hich is equal to $3,850 (i.e. 7% « $55,000.00 = $3,850). a. Qualifying Purchases are purchases made in a Lowe's store, or Lowes.com, or with LIPS, less any taxes, fees and returns. Qualifying Purchases exclude gift cards. As to Lowe's, Qualifying Purchases will only be tracked and eligible for Rebate if (1) Customer has completed the Lowes.com registration requirements, and (2) Customer utilizes an acceptable form of tender that Customer has registered under Customer's specific profile on the Lowes.com website It is the sole responsibility of the Customer to register and maintain ALL forms of tender (credit and debit cards). b. Products and services that are eligible to count towards Qualifying Purchases are subject to change from time to time at the discretion of Lowe's and LPS. c. Qualifying Purchases are for a calendar year starting January 1" and ending December 31". d. Annual Rebates will be paid by Lowe's on or before March I"for the preceding calendar year. Lowe's offers Paint Rewards to all PRO customers. • 10% reward for every eligible dollar above $1,000 up to $2,999 • 15% reward for every eligible dollar above $3,000 up to $4,999 • 20% reward for every eligible dollar above $5,000 o Please visit www.lowes.com/terms . Subject to change. • Government customer must opt in to be eligible for the rewards on Lowes.com Volume Savings Program through www.lowes.com on orders of $1,500 or more and can see the savings in the Order Summary Section. Please visit Online Order Quoting (lowes.com) for more information. Attribute 12 — Describe invoicing process. Include payment terms and acceptable methods of payment outlining any associated fees pertaining to credit card/p-cards. Lowe's Credit Plans: Lowe's is committed to offering OMNIA Partners Participating Agencies the easiest, most convenient business credit program anywhere. Our business credit offers easy -to read itemized billing, secure online account management, customized account setup, employee spending control and a dedicated account representative. Lowe's offers business credit programs for our Pro business customers: Lowe's Commerical Account (LCA), and Lowe's Pro Supply (LPS). The terms and conditions are pre -established and will be between the OMNIA Partners Particiapting Agencies who chooses to open an account with either Synchrony Bank or Lowe's Pro Supply. Please visit https://www.lowes.com/I/Credit to learn more about the credit programs. Lowe's does accept major credit cards as a form of tender on Lowes.com or in any Lowe's store. Lowe's does require a form of tender when presenting an purchase order at time of purchase. 3 USE YOUR ACCOUNT Start using your account irnmediotoy upon oppr al. Lowe's Business Rewards Card • Use at Lowe's and everywhere American Express cards are accepted • Earn cash back for every eligible .p purchase made on the card. • Earn 5% cash back on purchases at Lowe's for the first 6 months. 2% cash 5 back after. New accourts only. • Approved card accounts are automatically saved to your Lowe's Pro Business Account Wallet to make it b even easier to earn. *Cash back is received in the form of Lowe's Business Rewards points that can be redeemed for statement credits or select gift cards. $0 Annual Fee Lowe's Commercial Account • Save 5% instantly in store and on Lowes.com with eligible purchases. • Includes itemized transactions, SKU level details, PO/fob name and authorized buyer information. • Includes billing upon delivery. • Opt in for invoice PQFs delivered by email plus Net Payment Terms. • Approved accounts are automatically saved to your MVPs Pro Wallet for even 7 more ways to earn. Plus Extended Terms''`' Receive two billing cycles to pay for new purchases. PreLoad Plus Mastercard a • No credit check and no monthly fee:. • Shop at Lowe's and anywhere a Mastercard is accepted. • Automatic rebates on fuel, dining and tmvel through Mastercard a Easy TV Savings . Immediate funding available from your business checking account. Get started now and click the 'ink below to access the Online Application. There are two applications available: • Government • Non -government Click To Apply Request Account Increase Account Self -Service Tips —00091, 19000OL�lti Iff For additional questions, contact Account Services at 866-630-6747 At time of purchase, the agency making the purchase will receive an receipt with retail, promotional or volume savings program pricing depending on, if they walk in store or make the purchase on Lowes.com. C7 +iy Fast and Easy Ordering Order in person with your dedicated representative, on the phone, on your desktop, or on mobile. No matter where you are or what you're doing, ordering with Lowe's Pro Supply is lightning -fast and ultra -easy. Extensive Assortment With fully stocked MRO warehouses in 29 national markets and more supplies available from over 1,700 Lowe's stores, we have more of what you need. We have job -lot quontities of hard to find items, and a 98.6%fill rate, meaning you don't have to wait for "the shipment to get in- to cP', vc.r- ;,Db done. At Your Service Our dedicated account representatives visit your location in person, getting to understand your unique renovation and maintenance needs. Free renovation planning service, in -unit delivery, and complimentory takeoff service, are just a few ways we go the extra mile for our clients. At time of purchase, the agency making the purchase will receive an receipt with retail, promotional or volume savings program pricing depending on, if they walk in store or make the purchase on Lowes.com. Attribute 18 — Appendix D, Exhibit A, OMNIA Partners Response for National Contract. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative Contract. Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales force about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners. 3.1 Company A. Brief History and Description of Supplier: Founded in 1946 and based in Mooresville, NC., Lowe's supports the communities it serves through programs focused on creating safe, affordable housing and helping to develop the next generation of skilled trade experts. For nearly 100 years, we've served customers by remembering we do so much more than sell products. Lowe's stock tens of thousands of unique products and have thousands more available by Special Order. We help people achieve the dreams they have for their homes and communities. From our humble small-town hardware beginnings to a FORTUNE° 100 company, that commitment to the bigger picture has never wavered. As a purpose -driven company, The Lowe's mission is "together, deliver the right home improvement products, with the best service and value, across every channel and community we serve," and for us to achieve our mission. Lowe's 20th annual corporate responsibility report, outlining our approach to sustainability and highlighting our goals, performance and progress to date. Our sustainability strategy focuses on three pillars: Our People & Our Communities, Product Sustainability and Operational Excellence. Lowe's is an active member of the Retail Industry Leaders Association (RILA), Business Roundtable and the National Retail Federation (NRF). We also collaborate with the (GC3), World Wildlife Fund (WWF) and the United States EPA's SmartWay, ENERGY STAR° and WaterSense° programs. Members of Lowe's executive leadership team and the board of the Lowe's Foundation, an independent 501(c)(3), review and approve community grants for the Lowe's Hometowns and Lowe's Foundation programs, respectively. Nonprofit partnerships are also reviewed and approved by members of Lowe's executive leadership team. Lowe's supports communities in a variety of ways, including financial grants, product donations, associate volunteerism and partnerships with nonprofits. Our approach includes engaging locally and listening and responding to communities in the ways that are needed most, such as preparing them for natural disasters and helping them recover. We have a special focus on our nation's veterans and active military community, first responders and under-resourced communities. The Lowe's Foundation, an independent 501(c)(3), is focused on closing the skilled trades labor gap through the delivery of the Gable Grants program. Education is at the heart of Lowe's call to improve the communities we serve. By helping schools and students in need, we're investing in the long-term success of our communities. We believe education is the cornerstone to building stronger and more sustainable communities and Lowe's is committed to providing the resources our schools and children need to succeed. Please take time to review 2022 Corporate Responsibility Report at 2022 Corporate Responsibility Report (lowes.com) Lowe's offers a similar agreement to educational agencies with an annual rebate and Lowes.com Volume Saving Program. B. Total number and location of sales persons employed by Supplier: Whether it's in one of our stores, through our contact and distribution centers or directly in a customer's home or at a job site, together our 300,000 employees help to provide the competitive advantage that sets Lowe's apart. Their belief in always giving their best and responding to the needs of customers, business partners and each other allows them to touch people's lives in a positive way. The power of all of our employees united in a single purpose is a driving force for our company's success — success not measured in numbers alone but also by our collective ability to help people love where they live. Lowe's success is driven by the power of 300,000 employees united in a single purpose. Agencies are able to view Lowe's retail stores/storefront locations by visiting the following website: https://www.Iowes.com/store/ Lowe's Strategic Account Managers for Government: Lindsey Omohundro, Director Strategic Accounts Michelle Halversson, Sr. Strategic Accounts Manager Ron Manning, Strategic Account Manager, North Jason Finch, Strategic Account Manager, South Gary Turnage, Strategic Account Manager, West Lisa Minton, Pro Compliance Manager Lowe's has around 300 Pro Sales Managers in the field along with 80 Outside Sales Representatives to help support the OMNIA Partners Contract. c. Number and location of support centers and location of corporate office: Lowe's has over 1,700 locations across the United States to serve our customers needs. Agencies are able to view Lowe's retail stores/storefront locations by visiting the following website: https://www.Iowes.com/store/ Lowe's corporate office is located at: 1000 Lowe's Blvd, Mooresville, NC 28117 D. Annual Sales for the three previous fiscal years: 2023 — $86,377M 2022 — $97,059M 2021— $96,250M To review our Annual Reports, please visit Corporate Responsibility Reports & Policies I Lowe's Corporate (lowes.com) FEIN: 56-0748358 D&B: 018810275 E. Describe any green or environmental initiatives or policies: Our mission —together, deliver the righ home improvement products, with the best service and value, across every channel and community we serve — guides us and is carried out by our sustainability strategy and vision statements. Today, we're proud to share Lowe's 201" annual corporate responsibility report, outlining our approach to sustainability and highlighting our goals, performance and progress to date. Our sustainability strategy focuses on three pillars: Our People & Our Communities, Product Sustainability and Operational Excellence. 4 Member f Dow,lones Susteinability Indices Pv ad by Ne S&PGlo6IC5 Awards & Recognition BARIZON'S FTSE4Good Barron's names Lowe's as one of the Lowe's was recently included in the Lowe's recognized as a top company top 100 most sustainable companies Dow Jones Sustainability Indices in the U.S. in sustainability practices by FTSE4Good warkplacesote[y Sveng safely p—dees pnaaetd people whLIe redr rag delms ena lee[ predaoflYRy. Q Q Q OrgerYresleaes curve f—,g a sneng setae of h Jo ging mthn— eperenem Kvw, ergegensnst end helps essenaies Q O i AUaagemeht better serge— —fanners bed [rmmuN[ks. aGrerxSlpcluawc Worhplpce I N—.ya.—eerier ideas peslnpe huriness realm end a greeter eenne[voa wnh [amnaunKls we serer_ t0 Asapcime H—Ith 3 Well-being Eng�ge and heeldry essa[:oius are more predu[we, gas less wesrk, p 1. M hone A Q tersarc wrVi longer [ampany. Y Tolenx AcwlsrrroMD—pmens derelopmernprpgroms help —a.— v v 8 Rexenlion end reialn Ne east tderx In the IMusey. 5—g, wemnt[amrnu— r vpe almxa new.,—.e4 —our eusnees ana prwldegreot pla-rA CammenkYEi.gngemeneasrmsbn lei our —inks and Melr remllles is IIYe v Q ClN chwge,EneiyyiEwYs I—Urg in energy ei fkkre ncy and renewable energy la—perating cashes a pvate.sr.,g the O O O v v 0 mn—ror.fuere generaaens. westefrw.wpement keduergoperevenel—Ste tee eases [esesoM re, __. Ore enwm»enral lmpa[t efauraperenms- O O Q O 0 O oeremnnee PH-M,e g—,- adeF better datines reeler and imp,—puhlk reprrtarix O O O O 9&ws Operas] etlsi a Me MuMO of benga r ponNNe da end a go[d d pe MChien. Caasplk— Pranwingcampllan[ethn gk—tthebusines i-IksbroMtustand [as[emerloyalty O O O O el ny IL—Prlwcy Secng dates Ity and pM—y preen —prevent fnn W.M rel.m Iles for custam O O O asso[loks eM epr [empeey. �ufLfen Redli.— Preps 11a for On, unkxwn reeu[es rya and Inueeses slekehdner eadrden[e. 4 a a G SuplEer sieelnlBEm"venrrrevi[al Prpetiees Protectingw !—e and ee,—nifsn whored praauenare—d drsd manute[mred uphcl2L5 our O O O O O O respe ime saving[anvsetmente. .._. Raerrcm Pr wretrrg wppry arms eanununy —le, Impraulrg me erwlrmmmt far fuwre generemrna p— m O O O O O O our Greness praci— P-d.. MbIfty Arewding safe and enYlrenmer[N1v friendly produ " helps- ddre rnere ne ebie eutaames In our customer' homes. OUR PATH TO NET ZERO Lowe's has committed to reaching net•xero em i ssions by 2050. The new target will Include interim and long-term GHG emissions reduction goats for Lowe's full value chain, including stapes 1, 2 and S. You can find more detailed information about our footprint cn page 47. We will work With our 1hv95iing in energy efficiency and suppliers to help thorn drive electrification projects will help us effi6ency,electr&utionand lower operating colts while re newable energy in their reducing our amiss ions. monrrfacturmg processes. prop as /II ■fit .■■■■■.� POP II.I tt III 110 If1 l WWI We will partner with our irartspartotion provider3 to move our products in cleaner n t A I' and more efficient Ways. � �— � Investments in renewable energy will help to eliminate emissions from our 11 operational energy ule. Using recycled and renewable materials In Our products w it I reduce their env iron mental Impact while promoting circularity. By expanding our assortment Of eca-friendly products, such as We wrl I continue to drive for rooftop color antl battery storage, greeter efficiency in the we will help our m5tomerS Fedrlae products we sell by their em isllons at Iram2. using certifications s uch ifs ENERGY STAR' ON � ffA AI AF and WaterSense . WER ■IL We will continue the transition from gas -powered to electric products across our portfolio. United Nations Sustainable ,----,Us,,,lNAB11 11111L.11MENT GOALS AND TARGETS HOW WE PLAN TO CO KTR I BUT E DevelopmentGoals Ea,me..s=.e�°�°hl°.�I�e,, ,<��„ende��n��.�Wel, Ttltge[].Y By 2030, inrreose suhs�cntuil �--.�sM1me Wree<Nobk rergy in iGoal to aaM1kye Sa%rarenmle vVvgyfm Lwcl Tsilihes by Zff36 yre globd energy nus >Cmrcntlr•91t o1 our energy portfolio mntl fmmrelen�le erwrgr e®. -. Pmmeee eueWred.AdwWe cad sselalneb4ebene[[tic9'a+n+.lueand twed.edye.esmblrner[eene decenerwkler ell 1 s CwrE�ue W mon-cr antl updak a�r4'enticr Cox of Co',iuct ndna� SUSTAINABLE 7mrlrtr Proler[ labor ri tl wfe antl secure wwkin 4M.an promote 9 �m ae.a�e nmodem eKn, ,h ao, 1r�,4and1 aba, pEyELppKIBff f'` TtrgeRBs enr;rar.meds mrall mduairg mi��ntwe., in podtulnr.mmmmian+��,dn,�inan�r.�eempwme�>cw,un.,eeperronnRewil�dn �isa.ng(Resndd>upp�r 1 ] GOALS Ibctodes (1,Edi PESAs pe�iomied I2�R2) c.i® ltldoe[Wee oealwwrn uttl�ai Judwra�q mYlx�torr0- -- �-' - Y I I � ' 1 1• V Tmgetnl > Senc our communities thmu jr o Locus rn nkhN M1m�erep�s, sAiletl trade evxgso, e�aeeoae,e fardlmadequote,ede o,a afbtlmle edaredkn.di.a,m rclkf efrort: v.d imaa'angcammwriry:Dare Iwusing and ba5icarniceaend uogrode slant In 2022 Lwvrs invested more ihon$91 milFan n the vrrvnuniuesxc srne FesresasMtstmkcereumptien unrFpedusite..peMems The U-N. Sus unable Uet'elopment C ls[SDCG) represent a global call to action to create o su nable, equitable and I istvicnift The 2030 Aaenda far Susmslube D-9opmemprov m a shamal bluepriMfor peace and pnOSPefity for people and d-m plane( raw and irtm the Mum. Although directed a[ grnemrrents, the private sector and crvit society have important mies W play m occorttplishing these gook" Lcw .i s identified five SOGs and sb es-k-d targets where we believe we can mole the most Impact. a Goal W savc oace.eamers $au mEennand! WmFa.e.rater ss n Heume snrgs h7]DY5 �M1mu�r tlG mkd ENFR6V STdM rerefkd o� 7eryet VY.S 9y 203a,a1>eve rM1e sussd�nhle monogemeneaM elfiQnt use d mmnl reacsrces yym<r5ersu•feheled produrb >We M1elped w�euaermers cove $Ad Mloanesseyyroses Dad $Ya.S� n oavm�oughd.e.de�a err knr preaur[..:, 2L3S2 Tmget 12.4 ec�.i,een.:a,menrdly,ound merwg�.�eard rl,yncds ontl oe rvaset SM1msgM1ous lM1eir Fb crele,n eeoMonre ssitM1 agreed ir[ermsis�d framemsks, ardi �ifiorrtlr rcdum tlici aeaoenae[o eva.a�w•mkmme dhemral: deanrera n�m products offeed rcleaxtaelr,•waRrond satin IXtlerbrnnmlrelhelr otiverse a>Jdw'r"e Son iccc—, d'am_roiu uae of imports on human health wd shee-rvirome�l lh— d1bintentional mm�iex-ads in [heir oneiatnns, unksa-�uiretl by tow Prale[1.reatmeorM Promoteaua[a rwble�xvf[crrea[rta[ecmn[csna.aro[aYfoblT mmra(k fuesta.cambor de: 1!fkotion. ond> and yen[ Im1tl defiVadeeon 4'ttl MR bio i9er'�iry W S Promo[eti-c vnp enhAr otaa[ainabk monogernmla o• >C•.oalmmpwl5ibiy soutu 100E oFwood P�ad�cn try 2RlS TmgeL 15.Y iynes drmeets hole defweamlim. rcsmre tlegrexdfeseac mid subslu.tisllyinveo.uolluesl ciao mdrefar�tratlonglobdly >fnSdturwaod RoducnrtlhetlrtiRdSMes were respo Nrmurud n2W] 2022 Corporate Responsibility Highlights BOARD & EXECUTIVE OFFICE R DIVERSITY 58% 50% of cur bee[A rndnlben meAlHrie, ofev eae[unye oF( ne SnVru. win142A J kTft yw m peed. of win! sn i W"&,hq- aea9le d cobF and 3Midortlyig ca wantwt color and 257. idw4ilYirg as rRelyn, OPERATIONAL EXCELLENCE $10+ Billion Net -Zero Target cusmrcw Iaeime se..ngs hem I.e_'s Ykn-sarwe'woducts 16. d,mern[ee getl m rgrii nex•tere emr>e.enr egress tM a.npanrs woad 1. 2 ad 3G11G—ioea by 2050. In pyrdtaeed in 2022, —.9 dyer cadence with gurdefnes ham the Science 10—d Targees 906b15n galWns or water. WatGrSeflSe imc _ (SHTl). a $100 Millionnounc::' ; ; + Billion 49� Announced. a ust� lifetime S_,Kls redsctiorsn ohsohsd and 2 OW, 1rr¢Ytor, $1a0 m.Awn �omrrrtmrn[ from Lasvc"s ENER[3T STAR' Iv in p nq hamerowns -c the P-duch Par t—d in 2022. eerissian �� united Slow, $400+ Million $580+ IM it.8b% b— b% „mom Wera Mr Ted yer$400ftlban Million Award f- n rlpcal comrrsvnitys sou 2018. c mrnil.s+ent to ewtQnq a suppNrs tivn Nxen Artwke fen Mfg WWVV pprrapf�ry e wrpeasingew �mn t Ow LF. mbgda wstyrgbfe fulurr el.rou ' suamewe> 140w% carrlecubye Tea• n2022 tmm 2021" 53W mdhon by 202S. x0 Dw 1f. ni hgndw meteriel nnerb[ae in pace. esseeietes n 2072. Please vist Product Sustainability & Value Chain I Lowe's Corporate (lowes.com) to review more information. F. Describe any diversity programs or partners supplier does business with and how Particpating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications: At Lowe's, we recognize the importance of strengthening our bonds with the diverse communities we serve. To advance these efforts, Lowe's gives back to our communities and partners with community leaders to deliver value to our customers. We dedicated more than $150 million to support our communities in fiscal year 2020, including more than $100 million in pandemic -related relief. The COVID-19 support includes $55 million in grants to deliver much -needed financial assistance to rural, minority -owned and women -owned small businesses. Lowe's also donated essential protective products to help small and minority businesses reopen and keep medical professionals on the frontlines safe and healthy. Lowe's has established meaningful and thoughtful partnerships with local communities. We continually strive to better understand the needs and concerns of our team members and the communities where we live, work and play. Our Supplier Diversity program is uniquely positioned to provide positive economic impact to small and diverse -owned businesses. We are committed to delivering economic benefits by ensuring the inclusion of diverse suppliers. We know small and diverse businesses play an integral role in stimulating their local economies. These relationships are symbiotic because both the suppliers and Lowe's will reap the benefits of diversity. As a result of the COVID-19 pandemic, many small businesses faced unprecedented hardship. Through Making It... With Lowe's, an initiative focused on new product development from minority, women, veteran, service -disabled veteran, disability, and LGBTQowned businesses, and our small business grants, we have been able to provide much -needed support to our communities during these challenging times. Small and diverse businesses are vital to the survival of local economies, and local economies are important to the economic empowerment of people of all backgrounds. Lowe's partners with accredited organizations and agencies to forge mutually beneficial relationships across industries and within communities. Our partnership framework is tied to our core pillars of building talent, fostering an inclusive culture, and driving business results. We continue to remain proactive in identifying and driving new partnerships with organizations that align with the overall Lowe's culture and mission. These partnerships allow us to better support our associates in creating learning opportunities and furthering our mission of inclusion. OUR APPROACH .yii■••i Y ` •iii ■ r•i k � • a • • .i Talent Build a workforce that can provide the best for ALL of Our customers and understand haw to best meet their needs Culture Foster an inclusive culture that unleashes the unique abilities and talents of our full workforce to serve and support our customers and community WE ARE HONORED business Ensure we provide Better and more diverse services and solutions resulting in strong business outcomes and investments into our communities 1 u u�- j1"r u � 1 � 1 — L� �. � 1 " ,lit.�� V �t�- �� 11. t t Ii- �t � j I � I I ! .IL,� 11Y,-LUS10N SPAC L RTE wa Ln MOST ® I BEST ADMIRED`°"` comp IES 2020 FnIO ,Vbkfe l.W! A*.hod Qaepr 2020 FAYnn PJ�H Amp■71 0a R—be Y4A Fo L[sTOEm*h �J Sot E—yn L-d Pity M cl�tliN Bad Fl—W yft < ra Wabliy -d— h 1110 202O RF 57 DFCAI-1 2020 Ba[ a 11. 0K." suPPYe<0. a+lrby V9—i En[■ Parse iF4 mid Arv, O—N w u6A i.MW DISABILITY- DE INDITY e x BCVBE 2020 L1kabYryl! rJakmd BeY Plies le Nbkld OaaahlY Yttlue�bn .. - V! B NETWORK® 20M Brlb 8. , 2M riw y Fn■nh' E^+p". C^P�r a,.,e •+d 9+PWa lbletanf in &rupees {i�11LfNaxA OV■ily R[gam j r Black:Jourr:al HISPANIC QIVERSEaWl" zwo am d P•Bat TW 2020 Bmi d the Beef Top 20208sidihe B- -0-EmPlvgw 20208m9 d Cx eToo E—k" 2020 Bm1 d the 8ml lkQ fl-WOr Ws—F-41y Q-Peeuee —I TOO RKV- Drvsuty Rd7— arm1p-.-D—my R.W— and irp 9.Pdia O—ty Pr W— Rr Iyal .y 4 OUR PARTNERSHIPS Women in Leadership A LINKACPE INSTITUTE ri L pq 1 1 { R"D )LARSHALL Ci , ; t.E tt N1) Ad THE A1:x Fcu-rivLr I-VAUERSHIP COUNCIL U N C F 11%f I network ,/ A mind is a tf.ible executive women thing to waste' HHISPANIC SCHOLARSHIP HACP FUND A Mrtom^ is iORiYEI[- E!"Me + [disability : � r th.. bk^-F 6*%% (— ! " . \ J A. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority -owned standards. If any listed which certifications subcontractors hold and certifying agency. Lowe's will not offering any services/installs under this agreement. a WES' � � a, B. Describe how supplier differentiates itself from its competitors: OUR STRATEGY The Lowe's strategy is rooted in serving our customers. We're guided by our mission: Together, deliver the right home improvement products, with the hest service and value, across every channel and community we serve. OUR BUSINESS Our team proudly serves approximately 16 million customer transactions per week in the United States. Lowe's operates over 1,700 home improvement stores and employs approximately 300,000 associates. EXECUTIVE LEADERSHIP Every organization needs a strong foundation. That's why we're proud of our exceptional executive and senior leadership team. Led by Chairman of the Board, President and CEO Marvin Ellison, this team works for our associates, customers and communities. OUR PEOPLE As we work to become the employer of choice in retail, we are committed to hiring, developing and retaining the best people by creating valuable career opportunities. Our goal is for our associates to view Lowe's as Home to Possibility, delivering good jobs, a sense of belonging and a promising future. a WES' a0 us OUR HISTORY Lowe's has grown from a small-town hardware store in North Carolina to one of the largest home improvement retailers in the world. We have a rich heritage of putting the people we serve at the heart of everything we do. This is our story. OUR COMMUNITIES Since 1921, Lowe's has put the communities we serve at the heart of what we do. Through our own set of community engagement initiatives and our continued partnerships with nonprofits across the country, we are mending neighborhoods, revitalizing community spaces, supporting communities when disaster strikes and developing a network of skilled tradespeople to continue those efforts for years to came. And we do this to make homes — and hometowns — better for all. Please review Our Communities I Lowe's Corporate (lowes.com) to learn more about our Community Engagement with Lowe's Hometowns, Critical Home Repairs, Disaster Response, Military & Veteran Support and Skilled Trades Workforce Development efforts. C. Describe any present or past litigation, bankruptcy or reorganization involving supplier: Claims, suits and judgements occur in the normal course of business. Lowe's discloses material legal proceedings in its annual 10K report, the most recent of which may be accessed through the U.S. Securities and Exchange Commission's website at: https://www.sec.gov/edgar.shtml D. Felony Conviciton Notice: Indicate if the supplier: a. is a publicly held corporation and this reporting requirement is not applicable: b. is not owned or operated by anyone who has been convicted of a felony; or c. is owned or operated by and invidual(s) who have been convicted of a felony and provide the names and convictions Lowe's has been a publicly held company since October 10, 1961. The Company's stock is listed on the New York stock exchange with shares trading under the symbol LOW. a WES' � � a, E. Describe any debarment or suspension actions taken against supplier: As of today, Lowe's has not been debared or suspension against the company. 3.2 Distribution, Logistics A. Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier. Lowe's will be providing a price file for the collective list of high spend/volume products purchased by Omnia Partners, Public Sector members. The price file will be offered on www.Lowes.com and each Omnia Partner member will need to setup an account for the price file to be uploaded for their purchasing needs. Lowe's will review the catalog pricing every year to assure it is compliant. However, if market conditions or tariff increases, etc. are imposed on Lowe's then Lowe's will review catalog pricing earlier to see if any increases are necessary to the catalog price file. Omnia Partners and Region 4 will be notified of any changes before they will take affect. Lowe's will also offer a walk-in solution for all other products not listed on the price file to accommodate every item you can purchase at our local Lowe's store. When utilizing their Lowe's Commerical Account or Lowe's Pro Supply Account they will receive 5% discount at point of sale. Lowe's stores stock tens of thousands of unique products and have thousands more available by Special Order — offering everything customers need to build, beautify and enjoy their homes including appliances, tools, hardware, paint and building materials. Lowe's will meet your supply needs. OMNIN 1P PA AT REAS �. Ift Proservices �4_ `0 Get What you Need, When You Need It At Lowe's we've learned a lot about business customers since we began in 1946. Our services are designed to help you save time and money and make your agency run smoother. • Typical Store hours are as follows: • Monday —Thursday:7am-9pm a WES' � � a, • Friday & Saturday: 7am —10pm • Sunday: 9am — 6pm • Lowe's will offer a dedicated email support mailbox for Omnia Partners customers at GovernmentSupport@lowes.com. • A dedicated Omnia Partners Hotline is put in place - Hours Sam — 5pm EST, 1-888-310-7791 • Customer Care Line for Customer Support, closest store location and hours: 1-800-445-6537 • Order on-line and pick up in store, have Lowe's deliver or select parcel shipped to your location For emergency orders, Lowe's will do everything possible to accommodate the urgency and product needed to take care of the agency needs. Lowe's has over 1,700 local store locations and 16 distribution centers to assist your purchasing needs. Please see the attached list of Lowe's stores and distribution centers. Our Strategic Account Managers and Outside Sales Representatives provide comprehensive training for our Pro Sales Managers and local stores on the value of the Omnia Partners contract and how to assist Omnia Partner members with their procurement needs. Lowe's will contact any agency within 24 hours to handle any customer service, invoicing or delivery issues or concerns. Training and Support: The Omnia Partners contract will be managed by the Strategic Account Managers and Outside Sales Representives by Lowe's Home Centers, LLC. All contract compliance, negotiations; order processing, reporting and administrative payments will be handled by corporate personnel at our Mooresville, NC location. Our Corporate Team, responsible for Pro Sales and Government Sales as well as comprehensive customer and store support, is closely linked to our team in the field and stores to manage the same process. Upon award, a corporate communication through multiple channels would be distributed to all Regional Sales Directors, Market Directors, Field Directors, Pro Sales Managers of Pro Sales and in-store Pro Sales Specialist that would include: ✓ Contract terms and conditions ✓ Procedure to process incoming orders and execute pre -negotiated pricing for Omnia Partner members ✓ A list of all current Omnia Partner members to support proactive marketing of the contract throughout all local markets across the country. ✓ Lowe's distribution centers and local stores to ship orders in a timely matter In addition, Lowe's personnel will be trained to offer the Omnia Partner contract to eligible agencies that are not currently members of Omnia Partners, that may benefit from this type of acquisition vehicle. It is understood that Omnia Partner personnel will be available to Lowe's representatives to help explain the membership process to prosepective members. Lowe's eProcurement CONNECT WITH LOWE'S TODAY Whether you have an eProcurement or an Enterprise Resource Planning (ERP) system, our team will partner with you to help achieve your cost reduction and order efficiency goals. We can connect your system to one or more of our integrated solutions, while managing an on -boarding process to help meet your go -live date as well as drive user adoption. Lowe's completes all integrations utilizing the latest technology: Catalog cXML, PunchOut Expanded online Catalog Get access to over 500.000 SKUs online Purchase Orders Invoices Cq-Tri micati;�n hlethc . cXML EDI 850, Flat File Email MIL, 810, CSv, TXT BalgAdded Network zvA^fl Ate: FTP. HTTPS WHY LOWE'S? Purchase History Custom Catalog View order status including past orders Assign specmc products based on unique factors 10 indnndual users on PuncnOut. Orders & Fulfillment Government & State Contracts Support Choose from truck delivery, free standard parcel Specific contract delads and pricing are always A dedicated eProcurement sales learn member will shipping or buy online and pick up In store displayed assist you every step of the way SUPPORTED PLATFORMS These are just some of Lowe's supported plattomis. Contact the eProcurement team to Lind out if your platform is supported A R I n A i roditiO�, unimarket � To learn more about Lowe's eProcurement solutions, please contact us at eProSupportCcD_lowes.com B. Describe how supplier proposes to distribute the product/service nationwide. Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas. Lowe's has over 1,700 stores nationwide to pickup materials, have Lowe's deliver or have parcel shipped. Each agency will need to register with Omnia Partners at: https://www.omniapartners.com/publicsector to become a member and utilize the contract at any Lowe's store in the U.S. Any agency utilizing the catalog price file online, needs to set up an account on www.Lowes.com and select the OMNIA Partners Contract to purchase under or if they have an existing account, they will need to email GovernmentSupport@Lowes.com to have the file linked for their purchasing needs. Lowe's eProcurment —The agency will need to email eProSupport@lowes.com to set up their account and link the catalog price file and discount structure. Lowe's and Omnia Partners, Public Sector will partner together to actively market the awarded contract so all eligible agency will be aware and can take advantage of the contract. C. Describe how Participating Agencies are ensured they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement. Audit/Compliance: Lowe's will review catalog pricing every year to assure it is compliant. However, if market conditions or tariff increases, etc., are imposed on Lowe's then Lowe's will review catalog pricing earlier to see if any increases are necessary to the catalog price file. Omnia Partners and Region 4 will be notified of any changes before they will take affect. To receive the annual rebate the agency will need to store their tender in their wallet under their profile, so we can track the sales and issue the rebate in March of the following year. Each month, Lowe's will submit reporting to Omnia Partners, Public Sector to review the agencies making purchases on the contract. a WES' � � a, Walk -In Benefits: • Receive a 5% discount at time of purchase on 40,000+ stock products plus special order items at any one of our 1,700+ store locations nationwide when presenting your Lowe's Commercial Account or Lowe's Pro Supply Account. How To Purchase — Walk-in: • Lowe's walk-in procurement solution was created as a fast, convenient way for customers to use our Omnia Partners contract. Customers can check out through any cashier attending register in the store. • All sales will be tracked for the annual rebate by storing your tender in your wallet under your profile in www.lowes.com. On -Line Benefits: Lowe's will offer the price catalog on www.lowes.com under the OMNIA Partners Contract o Set price file • How To Purchase — On-line: o Customers will place their order by logging into their www.lowes.com account o Customer will need to email GovernmentSupport@Lowes.com to have the price file and category discount linked for their purchasing needs. o Orders will be fulfilled by the local stores or fulfillment distribution centers o Customer will choose their delivery options: Pickup in store, Parcel Ship or Lowe's Delivery Truck eProcurement Benefits: • eProcurement customers can purchase from Lowe's utilizing our Lowes.com catalog. o Set price file How To Purchase — eProcurement: o Customers will place their order by logging into their www.lowes.com eProcurement account o Customer will need to email eProSupport@lowes.com to have the price file for their purchasing needs. o Orders will be fulfilled by the local stores or fulfillment distribution centers o Customer will choose their delivery options: Pickup in store, Parcel Ship or Lowe's Delivery Truck ILOWES' � � I D. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. • Lowe's will use their Lowe's delivery teams to deliver the product. • UPS or FEDEX will be used for parcel shipped items. • Lowe's logistics partners will use their delivery teams to deliver the product. E. Provide the number, size and location of Supplier's distribution facilities, warehouses and retail network as applicable. Lowe's has over 1,700 stores location in the United States to serve our customer needs. Agencies are able to view Lowe's retail stores/storefront locations by visiting the following website: www.lowes.com/store/ Lowe's Regional Distribution Facilities are located at: Name Address City State Postal Code 955 LOWE'S TEXAS RDC 955 LOWE'S LANE MOUNT VERNON TX 75457 960 LOWE'S NORTH CAROLINA RDC 711 TOMLIN MILL RD. STATESVILLE NC 28625 961 LOWE'S PENNSYLVANIA RDC 1201 KEYSTONE BLVD MINERSVILLE PA 17954 962 LOWE'S VALDOSTA, GA. RDC 1550 COMMERCE DRIVE VALDOSTA GA 31601 965 LOWE'S WYOMING RDC 2723 CHRISTENSEN ROAD CHEYENNE WY 82007 966 LOWE'S CALIF. RDC 3984 INDIAN AVENUE PERRIS CA 92571 990 LOWE'S OHIO RDC 12700 COUNTY ROAD 212 FINDLAY OH 45840 992 LOWE'S INDIANA RDC 1301 WEST JFK DRIVE NORTH VERNON IN 47265 1419 LOWE'S POINCIANA, FL RDC 2651 HAM BROWN ROAD KISSIMMEE FL 34746- 3425 1420 LOWE'S MID -ATLANTIC RDC 620 LOWE'S BLVD GARYSBURG NC 27831 1421 LOWE'S PLAINFIELD, CT RDC 1421 LOWE'S WAY PLAINFIELD CT 6374 1436 LOWE'S LEBANON, OR RDC 1001 REEVES PARKWAY LEBANON OR 97355 1440 LOWE'S ROCKFORD, IL RDC 2801 SOUTH SPRINGFIELD AVENUE ROCKFORD IL 61102 1449 LOWE'S PITTSTON, PA RDC 200 CENTER POINT BLVD PITTSTON PA 18640 1457 LOWE'S NORTHERN GA RDC 255 PROSPERITY WAY, NE ADAIRSVILLE GA 30103 3119 LOWE'S PLANT CITY FL BDC 7715 COUNTY LINE RD PLANT CITY FL 33566 3289 LOWE'S EDWARDSVILLE IL BDC 12 GATEWAY COMMERCE CENTER DR E EDWARDSVILLE IL 62025 3290 LOWE'S GREENSBORO NC BDC 300 PENRY ROAD GREENSBORO NC 27405 3302 LOWE'S CHARLOTTE, NC XDT 5600 DAVID COX ROAD CHARLOTTE NC 28269 3307 LOWE'S GREENSBORO, NC XDT 720 PEGG RD GREENSBORO NC 27409 3308 LOWE'S RALEIGH, NC XDT 2301-2337 US HWY 70 GARNER NC 27529 3311 LOWE'S OF NASHVILLE, TN DFC 2782 YORK ROAD PLEASANT VIEW TN 37146 3336 LOWE'S GROVEPORT OH BDC 3760 SHARPS LANDING DRIVE GROVEPORT OH 43125 3338 LOWE'S DUNCAN, SC XDT 27 INLAND PARKWAY GREER Sc 29651 3340 LOWE'S AUSTIN, TX XDT 1980 KOHLER CROSSING, BLDG 1 KYLE TX 78640 3341 LOWE'S MIAMI, FL XDT 1901 NW 25TH AVENUE POMPANO BEACH FL 33069 3342 LOWE'S BESSEMER, AL XDT 3501 LOGISTICS DRIVE BESSEMER AL 35020 3343 LOWE'S PITTSBURGH, PA XDT 520 CROWN COURT OAKDALE PA 15071 3345 LOWE'S PHOENIX, AZ XDT 4465 E. NUNNELEY RD SUITE 101 GILBERT AZ 85296 3346 LOWE'S ROANOKE, VA XDT 6410 TECHNOLOGY DR SALEM VA 24153 3348 LOWE'S CHARLESTON, SC XDT 1701 CHARLESTON REGIONAL PKW B CHARLESTON SC 29492 3362 LOWE'S HOUSTON NORTH, TX XDT 1256 GREENS PARKWAY HOUSTON TX 77067 3363 LOWE'S LOS ANGELES EAST, CA XDT 24385 NANDINA AVE SUITE 3363 MORENO VALLEY CA 92551 3364 LOWE'S FORT WORTH, TX XDT 421 S WESTERN BLVD SUITE 100 DENTON TX 76207 3367 LOWE'S SMYRNA TN BDC 951 AVIATION PARKWAY, BLDG 1 SMYRNA TN 37167 3368 LOWE'S COMMERCE CITY CO BDC 17501 EAST 84TH AVENUE COMMERCE CITY CO 80022 3374 LOWE'S AUBURNDALE FL BDC 110 MOSS ROAD EAST AUBURNDALE FL 33823 3375 LOWE'S NEWNAN GA BDC 590 COWETA INDUSTRIAL PARKWAY NEWNAN GA 30265 3376 LOWE'S TOBYHANNA PA BDC 2077 CORP CTR DR. W TOBYHANNA PA 18466 3385 LOWE'S ATLANTA SOUTH, GA XDT 3000 SOUTHPARK BLVD ELLENWOOD GA 30294 3430 LOWE'S MANTECA CA BDC 2226 E. ROTH ROAD MANTECA CA 95336 3432 LOWE'S HOUSTON SOUTH, TX XDT 12101 MCLAIN BLVD. SUITE 100 HOUSTON TX 77071 3434 LOWE'S ORLANDO, FL XDT 200 W. SAND LAKE RD ST100 ORLANDO FL 32809 3435 LOWE'S TAMPA SOUTH, FL XDT 2206 51TH AVE E ELLENTON FL 34222 3436 LOWE'S TAMPA NORTH, FL XDT 2622 LAKEPOINTE PARKWAY ODESSA FL 33556 3449 LOWE'S COLUMBUS, OH XDT 3450 URBANCREST INDUSTRIAL DR GROVE CITY OH 43123 3457 LOWE'S WINLOCK WA BDC 340 MICKELSEN PARKWAY WINLOCK WA 98596 3459 LOWE'S MORENO VALLEY CA BDC 24385 NANDINA AVENUE MORENO VALLEY CA 92551 3461 LOWE'S DUNCAN SC BDC 21 INLAND PKY. GREER SC 29651 3462 LOWE'S SHIPPENSBURG PA BDC 4532 UNITED DR SHIPPENSBURG PA 17257 3463 LOWE'S MANTENO IL BDC 1600 N BOUDREAU BLVD MANTENO IL 60950 3465 LOWE'S NEW CANEYTX BDC 18777 EAST INDUSTRIAL PKWY NEW CANEY TX 77357 3468 LOWE'S BESSEMER AL BDC 3501 LOGISTICS DR BESSEMER AL 35020 3469 LOWE'S RICHMOND VA BDC 2703 COMMERCE RD RICHMOND VA 23234 3473 LOWE'S OF DENTON,TX FC 3473 3101 WEST OAK STREET DENTON TX 76201 3474 LOWE'S OF SHIPPENSBURG, PA FC 3474 201 CRAMER ROAD SHIPPENSBURG PA 17257 3508 LOWE'S SYRACUSE, NY XDT 738 ERIE BLVD WEST SYRACUSE NY 13204 3510 LOWE'SALEXANDRIA, LA XDT 7225 HWY 1, NORTH Boyce LA 71409 3511 LOWE'S MESA AZ BDC 7111 S CRISMON RD SUITE117 MESA AZ 85212 3512 LOWE'S E HARTFORD CT BDC 501 E HARTFORD BLVD N, STE B HARTFORD CT 6118 3513 LOWE'S RINCON GA BDC 2020 TRADE CENTER BLVD,STE 100 RINCON GA 31326 3514 LOWE'S N LITTLE ROCK AR BDC 13101 US-70 N LITTLE ROCK AR 72117 3531 LOWE'S NEW ORLEANS, LA XDT 149 NEW CAMELLIA BLVD COVINGTON LA 70443 3885 LOWE'S CHICAGO, IL XDT 10701 FRANKLIN AVE FRANKLIN PARK IL 60131 3887 LOWE'S ST. LOUIS, MO XDT 4690 TRADEPORT IND COURT S100 HAZELWOOD MO 63042 3888 LOWE'S DALLAS, TX XDT 2601 E MEADOWS BLVD,SUITE 100 MESQUITE TX 75150 3889 LOWE'S OKLAHOMA CITY, OK XDT 8501 N 1-35 SERVICE RD OKLAHOMA CITY OK 73131 3898 LOWE'S BOSTON, MA XDT 613 MAIN ST WILMINGTON MA 01887- 3215 3939 LOWE'S GRAND RAPIDS, MI XDT 3174 4 MILE ROAD,SUITE 300 GRAND RAPIDS MI 49544 3956 LOWE'S LOS ANGELES NORTH, CA XDT 29040 VALLEY VIEW VALENCIA CA 91355 3957 LOWE'S COLUMBIA, SC XDT 842 BISTLINE DR WEST COLUMBIA SC 29172 3958 LOWE'S ARLINGTON, VA XDT 10245 GOLF ACADEMY DR BRISTOW VA 20136 3960 LOWE'S KNOXVILLE, TN XDT 1700 ELIZABETH LEE PARKWAY LOUDON TN 37774 3961 LOWE'S PASSAIC, NJ XDT 26 JEFFERSON ST PASSAIC NJ 7055 3963 LOWE'S DETROIT, MI XDT 37350 ECORSE RD, SUITE 100 ROMULUS MI 48174 3964 LOWE'S CLEVELAND, OH XDT 8601 INDEPENDENCE PARKWAY S190 TWINSBURG OH 44087 3965 LOWE'S ATLANTA NORTH, GA XDT 783 BROGDON ROAD Suwanee GA 30024 3966 LOWE'S TRACY, CA XDT 2650 NORTH MACARTHUR DRIVE TRACY CA 95376 3968 LOWE'S BALTIMORE, MD XDT 1600 E PATAPSCO AVE BALTIMORE MD 21226 3970 LOWE'S HARRISBURG,PA XDT 250 FULLING MILL RD MIDDLETOWN PA 17057 3971 LOWE'S SALEM, OR XDT 4668 TRUAX DRIVE SALEM OR 97317 3973 LOWE'S ASH EVILLE, NC XDT 342 BANNER FARM RD MILLS RIVER NC 28759 3974 LOWE'S OAKLEY, CA XDT 4300 WILBUR AVENUE SUITE300 OAKLEY CA 94561 3975 LOWE'S LAS VEGAS, NV XDT 2025 W. CHEYENNE AVENUE BLDG 4 NORTH LAS VEGAS NV 89032 3978 LOWE'S NASHVILLE, TN XDT 2832 WHITES CREEK PIKE BLDG A Nashville TN 37207 3979 LOWE'S LOUISVILLE, KY XDT 6008 NEW CUT ROAD FAIRDALE KY 40118 3980 LOWE'S MEMPHIS, TN XDT 6332 COMMERCIAL DR OLIVE BRANCH MS 38654 3981 LOWE'S CINCINNATI, KY XDT 1135 AVIATION BLVD HEBRON KY 41048 3982 LOWE'S LONG ISLAND, NY XDT 198 GRUMMAN ROAD WEST BETHPAGE NY 11714 3983 LOWE'S TRENTON, NJ XDT 33 THOMAS J RHODES INDUSTRIAL DR HAMILTON TOWNSHIP NJ 8619 3984 LOWE'S CEDAR RAPIDS, IA XDT 3350 10TH STREET SW CEDAR RAPIDS IA 52404 3985 LOWE'S RICHMOND, VAXDT 2601 COMMERCE ROAD RICHMOND VA 23234 3986 LOWE'SJACKSONVILLE, FL XDT 13225 VANTAGE WAY, BLDG 100 JACKSONVILLE FL 32218 3987 LOWE'S DENVER, CO XDT 7450 CLAYTON STREET BLDG A S135 DENVER CO 80229 3989 LOWE'S SEATTLE, WA XDT 4150 152ND STREET NE SUITE 103 MARYSVILLE WA 98271 3990 LOWE'S WILMINGTON, NC XDT 3811 INTERNATIONAL BLVD, NE U200 LELAND NC 28451 3992 LOWE'S INDIANAPOLIS, IN XDT 1784 E MAIN ST GREENWOOD IN 46143 3994 LOWE'S KANSAS CITY, MO XDT 14300 NE 41ST STREET, SUITE 600 KANSAS CITY MO 64161 3995 LOWE'S JOPLIN,MID XDT 3015 SOUTH PROSPERITY AVENUE JOPLIN Mo 64804 4065 LOWE'S OF RENO,NV DFC 1500 WALTHAM WAY SPARKS NV 89434 4500 LOWE'S LPS-HOUSTON, TX 6910 BRASADA DR. HOUSTON TX 77085 4501 LOWE'S LPS-DALLAS, TX 2525 ESTERS BLVD. DALLAS TX 75261 4508 LOWE'S LPS-TAMPA, FL 6445 S. FALKENBURG RD TAMPA FL 33578 4517 LOWE'S LPS-LAU REL/BALTI MORE, MD 13451 KONTERRA DR. LAUREL MD 20707 4523 LOWE'S LPS-INLAND EMPIRE, CA 15910 JURUPA AVE FONTANA CA 92337 4524 LOWE'S LPS-CHICAGO, IL 1035 S FRONTAGE RD DARIEN IL 60561 4526 LOWE'S LPS-ATLANTA, GA 680 HARTMAN RD AUSTELL GA 30168 3.3 Marketing and Sales A. Given the public nature of the solicitation and contract, OMNIA Partners makes solicitation and contract documentation, including pricing documents, available on its website so Partcipating Public Agencies may easily condut their due diligence. Describe any portions of the response that should not be available on the website and why those portions should not be available. Lowe's does not have a problem with our information being placed on the website for agency to review for their purchasing needs. r LOWVS ■ ■ ' B. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier's primary go to market strategy for Public Agencies to Supplier's teams nationwide, to include, but not limited to: i. Executive Leadership endorsement and sponsorship of the award as the public sector go -to - market strategy within first 10 days. Lowe's will notify all store leaders, stores associates, field sales teams, executive leadership, and National Account Managers, Pro Sales Managers and Outside Sales Representatives of the awarded contract. Lowe's and Omnia Partners, Public Sector marketing teams to send out an email blast announcing the awarded contract. GO TO MARKET STRATEGY Print: Web: Networking: • Co -Branded Direct Mail • Dedicated OMNIA • Customer Onsite • Customer Handouts Partners, Public Sector Meetings • Advertisements in Print Lowe's web portal • Dedicated Customer Publications • Summary of Contract Support Lines Benefits • Onboarding Support • Links to OMNIA Partners • Tradeshows—NIGP, Public Sector website NAEP and regional • Lowes.com by E-PRO tradeshows LOWUS SALES STRATEGY Lowe's OSRs and PSMs Government Sales Team Lowe's Stores • Training classes, • All sales support will • In collaboration with manage some OMNIA OSRs and PSMs and playbook and videos will Partners accounts marketing will support be developed to train OMNIA Partners, Public our stores to facilitate Sector customers. OMNIA Partners, Public • Lowe's will use Sector transactions marketing to OMNIA whether online or in Partners, Public Sector store. members to utilize the Lowe's contract. I 0170, ii. Training and education of Supplier's national sales force with participation from the Supplier's executive leadership, along with the OMNIA Partners team within first 90 days • Lowe's will manage the contract by utilizing the Pro Sales Managers, Outside Sales Representatives and Strategic Account Managers. • All contract compliance, negotiation; order processing, reporting and administrative payments will be handled by corporate personnel out of the Mooresville, NC location. • Upon award, a corporate communication through multiple channels would be distributed to all field team associates that would include: o Contract terms and conditions o Procedure to process incoming orders and execute pre -negotiated pricing for OMNIA Partners, Public Sector members pricing files. o A list of all current OMNIA Partners, Public Sector members to support proactive marketing of the contract throughout all local markets across the country. • Lowe's associates will be advised to offer OMNIA Partners, Public Sector contract to eligible state and local government agencies that are not currently members. • OMNIA Partners, Public Sector representatives will be available for Lowe's associates to help explain the membership process to prospective members. C. Provide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier's primary go to market strategy for Public Agencies to Supplier's teams nationwide, to include, but not limited to: i. Creation and distribution of a co -branded press release to trade publications. • Yes ii. Announcement, Master Agreement details and contact information published on the Supplier's website within first 90 days. • Yes, Lowe's should have this done within the first 30 days iii. Design, publication and distribution of co -branded marketing materials within first 90 days. • Yes, Lowe's will update our marketing flyer and collateral iv. Commitment to attendance and participation with OMNIA Partners at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier -specific trade shows, conferences and meetings throughout the term of the Master Agreement. • Yes, Lowe's will be attending NIGP, NAEP and regional shows • Lowe's will be meeting the OMNIA Marketing and Partner Development Director monthly. V. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an rea reserved by OMNIA Partners for partner suppliers. Booth Space will be purchased and staffed by Supplier. In addition, Supplier commits to provide reasonable assistance to the aLoWEffS' W N overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners. • Lowe's will be attending NIGP Annual Forum vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement. • Lowe's Marketing Team will work with OMNIA Marketing Team on publications vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) • Lowe's will discuss on our monthly marketing calls to make sure we capture every marketing opportunity throughout the contract term. viii. Dedicated OMNIA Partners internet web -based homepage on Supplier's website with: • OMNIA Partners standard logo; • Copy of original Request for Proposal; • Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier; • Summary of Products and Pricing; • Marketing Materials • Electronic link to OMNIA Partners' website including the online registration page; • A dedicated toll -free number and email address for OMNIA Partners. o The Omnia Partners standard logo o Marketing Materials Flyer o Summary of Product and Pricing o Dedicated toll -free number and email address ■ Hotline: 1-888-310-7791 ■ Email: Govern mentSupport@Lowes.com D. Describe how Supplier will transition any existing Public Agency customers' accounts to the Master Agreement available nationally through OMNIA Partners. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements. • Lowe's will "grandfather' any agencies using the existing contract OMNIA Partners Region ESC 4 to the newly award contract with OMNIA Partners. • Lowe's holds two other cooperative contracts: NASPO Valuepoint and E&I Cooperative Services o Lowe's will offer the OMNIA Partners, Public Sector as our lead cooperative contract to state and local agencies. E. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that us of OMNIA Partners logo will require permission for reproduction as well. • Lowe's proprietary, indicia, trademarks, service marks, or trade names (collectively "Marks") are owned by LF, LLC, a Delaware limited liability company and an affiliate of Lowe's. In order to use such Marks, Resource Centers will enter into a separate Licensing Agreement with LF, LLC. • Lowe's will complete any such agreement to use the OMNIA Partners, Public Sector logo and will only be used after their marketing team has reviewed. F. Confirm Supplier will be proactive indirect sales of Supplier's goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the Supplier's sales initiatives should communicate: i. Master Agreement was competively solicited and publicly awarded by a Principal Procument Agency ii. Best government pricing iii. No cost to participate iv. Non -Exclusive • Lowe's will follow up within 24 hours of any leads from OMNIA Partners Representatives, hotline or emails. • OMNIA Partners, Public Sector logo will be used on all marketing materials • Lowe's will incorporate the above into our marketing materials. G. Confirm Supplier will train its national sales forace on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working Knowledge of the solicitation process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners. iv. Knowledge of benefits of the use of cooperative contracts. • Lowe's will train all Strategic Account Managers on the awarded contract as outlined above • The Strategic Account Managers will provide comprehensive and ongoing training to the Pro Sales Managers and Outside Sales Representatives in the field • The Pro Sales Managers and Outside Sales Representatives will assist the Strategic Account Managers in ongoing training of our Lowe's store associates H. Provide the name, title, email and phone number for the person(s), who will be responsible for: i. Executive Support Steffani McLean —Vice President of Pro Sales Steffani.McLean@Lowes.com Lindsey Omohundro, Director, Strategic Accounts 480-645-4053 Lindsey.D.Omohundro@Lowes.com ii. Marketing Leigh Wildman — Sr, Director Pro & Segment Brand Marketing Leigh.Wildman@Lowes.com iii. Sales Michelle Halverson, Sr. Strategic Account Manager 843-735-8603 Michelle.M.Halverson-2@Lowes.com Ron Manning — Strategic Account Manager, North (CT, DE, IL, IN, ME, MID, MA, MI, NH, NJ, NY, OH, PA, RI, VT, VA, WV, WI) 774-613-1973 Ronald. Manning@Lowes.com Jason Finch, Strategic Account Manager, South (NC, SC, GA, FL, AL, MS, LA, TN, TX, KY) 727-247-8645 Jason.A.Finch@Lowes.com Gary Turnage, Strategic Account Manager, West (AK, AZ, AR, CA, CO, HI, ID, IA, KS, MN, MO, MT, NE, NV, NM, ND, OK, SD, TX, UT, WA, WY) 346-436-9185 Gary.Turnage@Lowes.com iv. Sales Report V. Financial Reporting vi. Accounts Payable GovernmentSupport@Lowes.com vii. Contracts Lisa Minton, Pro Compliance Manager (Sections iv, v, and vii) 980-287-6417 Lisa.C.Minton@Lowes.com a ayWal I. Describe in detail how Supplier's national sales force is structured, including contact information for the highest -level executive in charge of the sales team. Lindsey Omohundro and Michelle Halverson will manage the sales team. Please see section H for their information. (1) Sr Director of Commerical Property Management, (4) Directors, (3) Strategic Account Managers, (9) Territory Sales Managers, (85) Outside Sales Representatives, (300) Pro Sales Managers and (3,500) Pro Specialists. J. Explain in detail how the sale teams will work with the OMNIA Partners team to implement, grow and service the national program. The Strategic Account Director, Sr. Strategic Account Manager and Strategic Account Managers will work closely with the OMNIA Partner, Public Sector Regional Managers to partner in promoting the awarded contract. • Schedule joint sales calls with key prospects when possible. • Joint meetings, calls, email campaigns to target top 50+ target list by division. K. Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, timely contract administration, etc. • Lowe's Strategic Account Director and the Sr. Strategic Account Manager will work closely with the Partner Development Director and Marketing team to market the awarded contract. • Participating Public Agency account set-up will be managed as we receive the request within 3 days • The Pro Compliance Manager will mange all contract administration requirements per the Master Agreement. L. State the amount of Supplier's Public Agency sales for the previous fiscal year. Provide a list of Supplier's top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. • Lowe's submits a monthly report for each agency purchasing under the OMNIA Partners agreement along with their sales. Agency Sales SLEEP IN HEAVENLY PEACE 3,053,252.42 CHICAGO HOUSING AUTHORITY 2,465,498.44 SAMARITAN'S PURSE 2,221,743.83 GILA RIVER INDIAN COMMUNITY 1,649,202.75 BrightSpring Health Services 1,552,852.46 HFH OF CHARLOTTE REGION 1,522,395.89 Community Housing Partners 1,452,281.75 Pokagon Band of Potawatomi 1,430,625.09 Cincinnati Metro Housing 1,175,119.02 St. Bernard Project 1,065,120.03 M. Describe Supplier's information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. • Lowe's on-line Lowes.com and eProcurement platforms will accept any payment tender such as: P-Cards. Lowe's Commerical Accounts and Lowe's Pro Supply Account. N. Provide the Contract Sales (as defined in Section 12 of the OMNIA Partners Administration Agreement) that Supplier will guarantee each year under th Master Agreement for the initial three years of the Master Agreement. ("Guaranteed Contract Sales"). $ 120,000,000.00 in year one $ 125,000,000.00 in year two $ 130,000,000.00 in year three ■ Lowe's is only listing projected sales but will not guarantee contract sales under the Master Agreement. To the exent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. O. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstanaces where Public Agencies will issue their own solicitaitons. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners). ii. If competitive conditions require pricing lower than the standard Master Agreement not -to - exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. • Lowe's will always respond with Master Agreement pricing and annual rebate; however, if any other pricing is used, all sales will be reported as contract sales to OMNIA Partners, Public Sector each month. Attribute 21— Describe how Offeror responds to emergency orders. For emergency orders, Lowe's will do everything possible to accommodate the urgency and product needed to take care of the agency needs. Lowe's Strategic Account Managers, local Pro Sales Managers, Outside Sales Representatives and store Pro Specialist are always here to assist any agency with their needs. Lowe's opens the Command Center to serve the communities when weather threatens or disaster occurs and in the recovery that follows: Lowe's Command Center and network of distribution centers allow Lowe's to respond to our customers' needs and quickly replenish store shelves with emergency products. Lowe's has dedicated support team for your state emergency departments. Our Command Center will handle direct fulfillment request needs. Please review our Lowe's Emergency Command Center @ Emergency Prep & Recovery at Lowe's (lowes.com) Severe Weather Preparation, Cleanup & Recovery J� �► Shop All HLlrr cane W:nter Weal: her Flao d Disaster Preparedness & Recovery Essentials Wildfire Tornado Shop All Emergency Prep Generotors Flashlights & Lanterns Aottled Wcter Weather Radros Fist Aid Kit; Batteries Attribute 27 — Describe Offeror's customer service/problem resolution process. Include hours of operation, number of services, etc. Lowe's has a dedicated Hotline @ 888-310-7791 and email GovernmentSupport@Lowes.com that is manged from Sam to 5pm (Monday through Friday) The Anaylsts will review the issue/conerns the agency is having and work with other internal teams to resolve the question. Service/Problem Resolution may include: 1. Need to be linked to an OMNIA Contract. 2. Need help with setting up tax exempt 3. Need copies of invoices 4. Need help tracking down an Purchase Order 5. Understanding how the OMNIA contracts works 6. Product Quotes ILOWES' � � I Attribute 28 — Describe invoicing process. Include payment terms and acceptable methods of payment outlining any associated fees pertaining to credit card/p-cards. Lowe's Credit Plans: Lowe's is committed to offering OMNIA Partners Participating Agencies the easiest, most convenient business credit program anywhere. Our business credit offers easy -to read itemized billing, secure online account management, customized account setup, employee spending control and a dedicated account representative. Lowe's offers business credit programs for our Pro business customers: Lowe's Commerical Account (LCA), and Lowe's Pro Supply (LPS). The terms and conditions are pre -established and will be between the OMNIA Partners Particiapting Agencies who chooses to open an account with either Synchrony Bank or Lowe's Pro Supply. Please visit https://www.Iowes.com/I/Credit to learn more about the credit programs. Lowe's does accept major credit cards as a form of tender on Lowes.com or in any Lowe's store. Lowe's does require a form of tender when presenting an purchase order at time of purchase. Want the Flexibility to Pay Want to Pay in Fuld With and Earn Rewards? Extended Bimonthly Terms? Lowels Business Rewards Card . Use of Lowe'S and everywhere Amencan Express cards are accepted • Earn cash bock for every eligible purchase made on the cord. • Earn 5% cash back on purchases at Lowes for the first b months. 2% cash 5 back After, New accounts onty. . Approved cord accounts are automatically soved to your Lowe's Pro Business Account Wallet to make it c even easier to earn. 'Cash back is received in the form of Lowe's Business Rewards points that can be redeemed for statement credits or select gift cords. SO AnnuoI Fee Lowe's GOmmercsol Account Save 5% instantly in store and on Lowes.com wnh eligible purchases. Includes itemized transactions. SKU- level details, PO/lob name and authorized buyer information. • Includes billing upon delivery. • opt in for invoice PDFs delivered by email plus Net Payment Terms. Approved accounts are outomaticalIV saved to your MVPs Pro Wallet for even more ways to eam.7 Phis Extended Tams• •• Rrce+ve two balling cycles to pay for now ouechosei. 3 USE YOUR ACCOUNT sons g » occ«rs a m —## upon CWP CRc+. PreLoad Plus Mastercard No Credit Checks and no monthly fee:.. • Shop at Lowe's and anywhere Mastercard is accepted, • Automatic rebates on fuel, dining and travel through Mastercard Easy Savings . • Immediate funding available from your business checking account. Get started now and click the ;ink below to access the Online Application. There are two opplicotions available: • Government ■ Non-governmem Click To Apply Requrst Account Increow Account Self -Service Tips For additional question:, contact Account Services at 866-630-6747 At time of purchase, the agency making the purchase will receive an receipt with retail, promotional or volume savings program pricing depending on, if they walk in store or make the purchase on Lowes.com. Fast and Easy Ordering Oro— p r-a,, w-.n ded,C atea representative. on the phone_ on your desktop or on mobrle. No matter where you are or what you'fe dgRq_ 0Fc*(1r.q wffh Lower rYb SOPPly N tghtnng-fast and uttro-easy. Extensive Assortment %viva to ty :tc kk ,i VRO wareh=.ts in 29 national markets and more 5umines avolk]We from over 1, 700 Lowe 5 stores, we hove More of whm you need. Nye have pwcx quomnnei of hard to find arms. and a 9&6% ILI fate, rneonwV you don't have t0 wait for the 5hnprnent to pet in- to qat your job done. 1 At Your Service Wr wi, c a ted ;�: o4�t repwwritatrvtK nsrS vow tocot�on in person 9e•Ka^9 to understarnd Vow unique re novatw and maintenance neet}: Flee renovanpn pk7nnno ServrcQ n-W1rt drlm*ry. and compkmefntory takeoff service. ore lust p few wars we 4a the extra rrrle for our clw-4,. At time of purchase, the agency making the purchase will receive an receipt with retail, promotional or volume savings program pricing depending on, if they walk in store or make the purchase on Lowes.com. Attribute 30 - Describe the financial condition of Offeror. Please visit Investors I Lowe's Corporate (lowes.com) to review more details. 10-YEAR FINANCIAL INFORMATION Fehruoty2, February 3, larruary 2$ k-uory 29, kn-y 3l, Feb-y 1, Febf-yZ Fehn,ory3, R-cry 29, lonutn-y 30, FBcd Yews Ended On 2324 2023' 2022 2021 2020 2019 2019 2617' 2016 2015 Numbx of stores' 1,746 1.738 2197 Z205 2.214 2246 Z394 2365 1.857 U40 Sel4ry square feet rnbpm) 195 193 208 208 208 209 215 2u' 262 201 Number of-ploy-Qn N-ioL-M 2E4 W7 335 340 318 298 3N 291 272 265 Tatof-turner t-rsonidrs (m mllf:ens} am 937 1.002 1.046 921 941 953 945 878 857 Average ticket 5103.51 M64 V&N S8S67 $78.36 575.79 57200 567.26 1 C *-.Uw ircorrre atatmrwrte Net Soles (h ne14.-} 58(k377 $97.059 $96,250 $89,W7 $7 M $71,309 $M.619 $65,017 $W.074 m223 Cxossrr rl--.s 33-W% Sit % 33.M% 3301% 3iBM 32.2% 3269% 33.34X 34A2% 34.79% Selling,g-nerd&a7trrkt'stwtive{kt6sdesp•st 18.02% 20L%% 19bt% 20.66% 21.76% 24.41% 21.04% 222% 23.8n 23.60% Npreci rd- dar-l=dic.09toad.Q- 1.9916 I= tm 1.56% L75% 207% 205% 223% 2,M 266% Cp--bng m *"" 13-VM 1047% tL%% 10.77% 8.75% 5.64% 9.60n am 3.41;5 &53% Interest -r t{°%tn sole,) 1.60% 116% 0.92'% 6.95% 0_M% OS8% 0.9211, 0.M OLM 0.92% Net e--gd (%[o sales)- 895% 6.63% &77% 651% 5.93'% 3.241 Vr2% 4.76% 4.31°% 4E0% Waghted-age shoes, os Yilgdlubae o Abrisj 584 631 699 750 776 912 840 881 929 990 Dfl1 t.d -r.g5 per-4-el $1320 510.17 512N $7.75 S&49 $284 $4.09 S&47 M73 52.71 Adtuted di wd-¢Wings per mrnrtron ShQ $13.09 $13.61 WA $286 $5.74 Ssim $4- $3.99 $324 WA Coshdi+hdenzb prslnre $4.30 $3.70 $2.80 $2.30 5213 S115 $1.58 $1M $1.07 .50.87 sh..h Cm mam-4 Cash and 4t-term investments 51=S 51,732 51.404 56,196 5876 $729 Wo 5658 S72 5591 FAerchmtdseirnmtory-nee 16.8% 18.532 17,605 16,143 13,179 12561 11,393 10.459 9.458 4911 Tata1--t o,Gets 19.071 21.442 20.060 22.326 15.318 14.229 12.772 2,000 10.561 9.851 Property. lassacnerLkoAd depecic6 17AM 17567 19.071 19,155 18.669 18.432 W21 19,949 19,577 MOM T&,Ac-tie 41.795 43,708 44,640 46,735 39.471 34,508 35191 34,406 311266 31.721 Accormtspoyoble 8.704 10,ra24 11 1% 10.884 7.659 8199 6.590 6451 5.di3 5.1124 Total nare�H tloh@i[eSa 15,568 19.511 19,66E 18.730 10.182 14,497 12096 11.974 10,492 9,34E 7dtatdebt+ 35,421 33,960 24,70 21.780 19306 16,W 149% 15,699 12649 A n8 7,Adii.Ubt 56,845 67,962 49,456 451,98 37,499 30,8h4 29,418 27,974 23,612 21,753 ShorehdkL-rs' [defrdtlleqLdty S [E.o} S 04,2S4) S(4.816) 51.437 STIP72 S3,644 Sun $6,434 57,654 59,968 Shoes outstandln -d 574 601 670 731 763 801 830 866 910 9W Net -h provnded by operating activities Wm 58,599 $10.T13 $11.049 54296 $6,193 SUCL $5.617 Vk784 $4929 Cspxtdexp-c§tu- 1.964 M9 1A53 1.791 1,484 1,174 1,23 1.167 1,197 S80 C-hdi,.* dpa,,-ts 2,531 2370 1,984 1,704 1,618 1,455 1,286 1,121 957 822 R urch ofr-orrrnonst«k $61138 $N,124 $13,012 $4,971 $4,313 $3= S3,192 $3,595 $3,92S $3,9m F nnlirrS Comparoh[e sdes (dedine)Jgrzwth* VIM (0.9%) 6.4% 2&1% 26% 22% 4.0% 42° 4-8% 4.3% Soles per -ge selrtrg squire foot^ $444 5482 6 $01 S346 $336 $320 $313 $293 $280 1-rftorywao»ti 3x 3..39 3.72 410 3.61 &94 190 4.05 3.92 3.85 Attribute 31- Describe Offeror's ordering capabilities for Participating Public Agencies. Please vist LowesForPros - eProcurement to read more about ePro. Level Up Your Business With Lowe's E-Procurement Integration See how Lowe'; helps Pros use spend -management platforms by integrating with select e-procurement platforms and providing dedicated support, custom catalogs and more. Connect With Lowe's Today Whether you have an eProcurement or on Enterprise Resource Planning (ERP) system, our team will partner with you to help achieve your cost reduction and order efficiency goals. 0 s rrrr — Catalog Purchase Orders Invoices Communication Methods cXML, PunchOut cXML, EDI 850, Flat File, Email cXML, 810, CSV, TXT Value Added Network (VAN), A52. FTP, HTTPS ILOWES' � � I Why Lowe's? r Jill�N Q: Expanded Online Catalog Access over 500 a005KUs online. Da Multiple Fulfillment Options Choose from truck delivery, free standard parcel shipping or buy online and pick up in store. How to Get Started Discovery Well gather the requirements and specifications of your eProcurement project and let you know how we can help. Supported Platforms 1::d4 Purchase History View order status including post orders. 0 Government and State Contracts Access specific contract details and pricing. 161ich are always d isp toyed. R Integration Once approved, we II provide credentials to complete end -to -end testing and ensure all elements are correctly mapped. 01% Custom Catalog Assign specific products based on unique factors to individual users on PunchOut. Specialized Support Get help from a dedicated eProcurement sales team member wholl ossist you every step of the way. Training We'll assist with internal communication and provide user training to help raise awareness for the new connection. These are just some of Loaves supported platforms. Contact the eProcurement team to find out if your platform is supported. Go Live Our store, sales and eProcurement teams will provide post -production support and help you drive adoption once the connection is live. ,48�1 QCvupa ProdiP unimarket A R I B A' SOLuT1ONS L Get Started Today For more information, contact epro_integrationslowes.com, Attribute 32 — Describe the Offeror's Safety Record Lowe's Safe Review Program Establishing a safety -first mindset and reinforcing safe behaviors are central to our incident reduction strategy, which directly helps reduce the number of injuries at our stores. We employ the Lowe's Safe Review (LSR) program, a daily electronic safety inspection that is completed using handheld mobile devices. In addition to identifying hazards and tracking their correction, the LSR platform enables us to review analytics and data regarding the daily condition of stores and the steps taken to address issues. As part of our LSR program, Lowe's uses a root -cause analysis to help leaders take charge of safety at their stores. Our store managers create their own store -specific action plan with support from leadership, including simple, coachable steps to make their operations as safe as possible. In addition, the LSR is available to district managers and senior asset protection officers so they can provide documented feedback and support relating to safety. The program is part of a larger management system that delivers daily questions to keep associates updated on safety practices. The system captures participation and behavioral data to assess the effectiveness of our safety program. Safety Management Programs Our LTIR decreased from 2.21 in 2021 to 1.78 in 2022, and our OSHA Recordable Rate decreased from 5.15 to 4.3 over the same period. Although both metrics are lower than the retail average, we recognize that there is still room to improve. This continued downward trend illustrates the success of our safety management programs and helps us expand our focus to prevent much rarer but more serious accidents. Safety Training, Emergency Response In 2022, we trained nearly 7,000 associates in first aid and CPR, a two-year certification provided to five associates per location. In addition, we recognized 130 associates with Angel Awards for responses ranging from administering CPR to using Automated External Defibrillators (AEDs) while wearing their Lowe's red vests. Angel Award Our Angel Award is given whenever a Lowe's associate saves a life while wearing their red vest In 2022, we recognized those efforts with 130 Angel Awards across the company. Attribute 33 — Describe Offeror's green or environmental initiatives or policies. Please review our 2022 Corporate Responsibility Report (lowes.com) for more information. Our mission —together, deliver the righ home improvement products, with the best service and value, across every channel and community we serve — guides us and is carried out by our sustainability strategy and vision statements. Today, we're proud to share Lowe's 20th annual corporate responsibility report, outlining our approach to sustainability and highlighting our goals, performance and progress to date. Our sustainability strategy focuses on three pillars: Our People & Our Communities, Product Sustainability and Operational Excellence. MANAGEMENT APPROACH We aim to ensure that workers who manufacture the products we purchase are operating under safe conditions, are being treated fairly and are paid in accordance with local laws, at minimum. Supplier Compliance We audit factories for Lowe's private brand suppliers and products where we are the importer of record to verify compliance with our Vendor Code of Conduct. Our audits focus on areas such as forced labor, labor contracts, working hours, compensation and benefits, employment practices, environmental compliance and worker health and safety. Lowe's Vendor Code of Conduct and our Human Rights Policy are the foundation of the audit and our Responsible Sourcing program. This program is carried out by conducting a Retail Ethical Sourcing Assessment (RESA) at each applicable factory by third -party audit firms to support impartial reviews. Diverting and Recycling Waste We partner with suppliers to improve recycling and waste diversion, develop regional management processes, measure waste streams and conduct waste audits. Store waste streams, including cardboard and scrap wood, as well as plastic in our DCs, are recycled through regional and national partnerships where possible. We also operate in-store recycling centers for customers to recycle items, including compact fluorescent lamps, rechargeable batteries, plastic planter pots and cell phones. Board Oversight Our board of directors and its five standing committees, each of which is composed of solely independent directors, are responsible for overseeing corporate strategy and risk management processes. In addition to oversight by the full board of directors, the board has also delegated primary responsibility for more frequent and in-depth oversight of the company's environmental and social strategy to its sustainability committee. The board also coordinates with its other committees to provide active board- and committee -level oversight of the company's management of environmental- and social related risks across the relevant committees. The following is a nonexclusive list of topics regularly reviewed by the board or its committees: --> Responsible sourcing and supply chain management Sustainable consumer products Environmental performance 4 GHG emissions and climate -change risks 4 Human capital strategy 4 Diversity and inclusion 4 Associate safety 4 Cybersecurity and data privacy 4 Political contributions and government affairs activities 4 Ethics and compliance Attribute 34 — Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement. At Lowe's, we recognize the importance of strengthening our bonds with the diverse communities we serve. To advance these efforts, Lowe's gives back to our communities and partners with community leaders to deliver value to our customers. We dedicated more than $150 million to support our communities in fiscal year 2020, including more than $100 million in pandemic -related relief. The COVID-19 support includes $55 million in grants to deliver much -needed financial assistance to rural, minority -owned and women -owned small businesses. Lowe's also donated essential protective products to help small and minority businesses reopen and keep medical professionals on the frontlines safe and healthy. Lowe's has established meaningful and thoughtful partnerships with local communities. We continually strive to better understand the needs and concerns of our team members and the communities where we live, work and play. Our Supplier Diversity program is uniquely positioned to provide positive economic impact to small and diverse -owned businesses. We are committed to delivering economic benefits by ensuring the inclusion of diverse suppliers. We know small and diverse businesses play an integral role in stimulating their local economies. These relationships are symbiotic because both the suppliers and Lowe's will reap the benefits of diversity. As a result of the COVID-19 pandemic, many small businesses faced unprecedented hardship. Through Making It... With Lowe's, an initiative focused on new product development from minority, women, veteran, service -disabled veteran, disability, and LGBTQowned businesses, and our small business grants, we have been able to provide much -needed support to our communities during these challenging times. Small and diverse businesses are vital to the survival of local economies, and local economies are important to the economic empowerment of people of all backgrounds. Lowe's partners with accredited organizations and agencies to forge mutually beneficial relationships across industries and within communities. Our partnership framework is tied to our core pillars of building talent, fostering an inclusive culture, and driving business results. We continue to remain proactive in identifying and driving new partnerships with organizations that align with the overall Lowe's culture and mission. These partnerships allow us to better support our associates in creating learning opportunities and furthering our mission of inclusion. Attribute 35 — Provide a brief history of the Offeror, including year it was established and corporate office location. Founded in 1946 and based in Mooresville, NC., Lowe's supports the communities it serves through programs focused on creating safe, affordable housing and helping to develop the next generation of skilled trade experts. For nearly 100 years, we've served customers by remembering we do so much more than sell products. Lowe's stock tens of thousands of unique products and have thousands more available by Special Order. We help people achieve the dreams they have for their homes and communities. From our humble small-town hardware beginnings to a FORTUNE' 100 company, that commitment to the bigger picture has never wavered. As a purpose -driven company, The Lowe's mission is "together, deliver the right home improvement products, with the best service and value, across every channel and community we serve," and for us to achieve our mission. Lowe's 20th annual corporate responsibility report, outlining our approach to sustainability and highlighting our goals, performance and progress to date. Our sustainability strategy focuses on three pillars: Our People & Our Communities, Product Sustainability and Operational Excellence. Lowe's is an active member of the Retail Industry Leaders Association (RILA), Business Roundtable and the National Retail Federation (NRF). We also collaborate with the (GC3), World Wildlife Fund (WWF) and the United States EPA's SmartWay, ENERGY STAR° and WaterSense° programs. Members of Lowe's executive leadership team and the board of the Lowe's Foundation, an independent 501(c)(3), review and approve community grants for the Lowe's Hometowns and Lowe's Foundation programs, respectively. Nonprofit partnerships are also reviewed and approved by members of Lowe's executive leadership team. Lowe's supports communities in a variety of ways, including financial grants, product donations, associate volunteerism and partnerships with nonprofits. Our approach includes engaging locally and listening and responding to communities in the ways that are needed most, such as preparing them for natural disasters and helping them recover. We have a special focus on our nation's veterans and active military community, first responders and under-resourced communities. The Lowe's Foundation, an independent 501(c)(3), is focused on closing the skilled trades labor gap through the delivery of the Gable Grants program. Education is at the heart of Lowe's call to improve the communities we serve. By helping schools and students in need, we're investing in the long-term success of our communities. We believe education is the cornerstone to building stronger and more sustainable communities and Lowe's is committed to providing the resources our schools and children need to succeed. Please take time to review 2022 Corporate Responsibility Report at 2022 Corporate Responsibility Report (lowes.com) Attribute 42 — References Agency Sales Name Title Phone Email City State Years SLEEP IN HEAVENLY PEA 3,053,252.42 JP Wilson Sr. Director of Chapter Operatic 310-291-4353 jp.wilson@shpbeds.org Pocatello ID 5+ CHICAGO HOUSING AUTF 2,465,498.44 Chris Stinson Asst Procurement Director cstinson@thecha.org Chicago IL 5+ SAMARITAN'S PURSE 2,221,743.83 Michael Lyons Internal Auditor 828-279-1252 mlyons@samaritan.org Boone NC 5+ GILA RIVER INDIAN COMI 1,649,202.75 Gary Mix Treasurer 520-562-9627 gary.mix@gric.nsn.us Sacaton AZ 5+ BrightSpring Health Sery 1,552,852.46 Zachary Keller Sr. Procurement Analyst 502-630-7257 zacha .keller bri hts rin heal Louisville KY 5+ HFH OF CHARLOTTE REGI 1,522,395.89 Cher Buchler Construction Procurement Mgr 704-714-1509 Cbuchler@habitatcltregion.org Charlotte NC 5+ Community Housing Parl 1,452,281.75 Kris Anderson 540-382-2002 kris.anderson.chp@gmail.com Christiansbur VA 5+ Pokagon Band of Potawa 1,430,625.09 Michelle Barco Primary Admin 800-517-0777 Michelle.Barco@ oka onband-n Dowagiac MI 5+ Cincinnati Metro Housinj 1,175,119.02 William McCabe Purchasing Mgr 513-977-5685 william.mccabe@cintimha.com Cincinnati OH 5+ St. Bernard Project 1,065,120.03 Veronica Llorelk Staff Accountant 504-914-4892 vllorella@sbpusa.org New Orleans LA 5+ REGIOFt� 7145 West Tidwell Road - Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR ADDENDUM NO. 1 Solicitation Number 24-08 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services This Addendum No. 1 amends the Request for Proposals (RFP) for Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC") requests proposals from qualified suppliers with the intent to enter into a Contract for Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services. Addendum No. 1 is hereby issued as follows: CHANGES TO THE RFP TO UPDATE THE SUBMITTAL DEADLINE 1. REMOVE APPENDIX E AND REPLACE WITH THE ATTACHED PRICING DOCUMENT. OFFER'S SHOULD USE THIS REVISED APPENDIX E, PROVIDED IN THIS ADDENDUM, AS PART OF THEIR RESPONSE. ALL OTHER ITEMS IN THE RFP SHALL REMAIN. ATTACHMENTS INCLUDED IN THIS ADDENDUM 1: APPENDIX E Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 Addendum No. 1 Page 1 of 7 Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 Addendum No. 1 Page 2 of 7 REGION 4 ESC Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services RFP#24.08 INDICATE WHAT THE DISCOUNT IS OFF (MANUFACTURER'S LIST PRICE, MANUFACTURER OR OTHER NAME FIXED DISCOUNT OFF LIST PRICE WHOLESALE PRICE, CATALOG, ETC.) Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 Addendum No. 1 Page 3 of 7 REGION d ESC Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services RFP 024-08 CATEGORY MANUFACTURER NAME FIXED DISCOUNT OFF UST PRICE INDICATE WHAT THE DISCOUNT IS OFF (MANUFACTURER'S UST PRICE, WHOLESALE PRICE, CATALOG ETC.) i I I I I I Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 Addendum No. 1 Page 4 of 7 REGION 4 ESC Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services RFP 424-08 SERVICE DESCRIPTION RATE PER HOUR Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 Page 5 of 7 Addendum No. 1 REGION 4 ESC Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services RFP #24-08 Additional Items to include in a National Market Basket CATEGORY MANUFACTURER NAME FIXED DISCOUNT OFF MANUFACTURERS PUBLISHED LIST PRICE I I Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 Addendum No. 1 Page 6 of 7 RECEIPT OF ADDENDUM NO. -- ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name —Lowe's Home Centers, LLC Contact Person Steffani McLean Signatur Date June 26, 2024 Crystal Wallace Region 4 Education Service Center Procurement Contract Specialist Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 Addendum No. 1 Page 7 of 7 REGIOf4v,' 7145 West Tidwell Road — Houston, Texas 77092 (713)-462-7708 www.esc4.net NOTICE TO OFFEROR ADDENDUM NO. 2 Solicitation Number 24-08 Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services This Addendum No. 2 amends the Request for Proposals (RFP) for Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services ("Addendum"). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. Region 4 Education Service Center ("Region 4 ESC") requests proposals from qualified suppliers with the intent to enter into a Contract for Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services. Addendum No. 2 is hereby issued as follows: CHANGES TO THE RFP 1. REMOVE APPENDIX E AND REPLACE WITH THE ATTACHED PRICING DOCUMENT. OFFEROR'S SHOULD USE THIS REVISED APPENDIX E, PROVIDED IN THIS ADDENDUM, AS PART OF THEIR RESPONSE. ALL OTHER ITEMS IN THE RFP SHALL REMAIN. CLARIFICATION OF CHANGES 1. APPENDIX E 1S BEING REPLACED THROUGH THIS ADDENDUM 2 TO UPDATE PREVIOUSLY LOCKED CELLS. ATTACHMENTS INCLUDED IN THIS ADDENDUM 2: APPENDIX E Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 ADDENDUM 2 Page 1 of 7 Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 ADDENDUM 2 Page 2 of 7 REGION 4 ESC Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services RFP u24-08 INDICATE WHAT THE DISCOUNT IS OFF (MANUFACTURER'S LIST PRICE, MANUFACTURER OR OTHER NAME FIXED DISCOUNT OFF LIST PRICE WHOLESALE PRICE, CATALOG, ETC.) I I— I i I I i Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 ADDENDUM 2 Page 3 of 7 REGION 4 ESC Maintenance. Repair and Opetatlons (MRO) Supplies. Equipment, and Related Products and Services RFP #24-08 INDICATE WHAT THE DISCOUNT IS OFF (MANUFACTURER'S UST PRICE, Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 ADDENDUM 2 Page 4 of 7 REGION 4 ESC Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services RFP #24-08 SERVICE DESCRIPTION RATE PER HOUR Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 ADDENDUM 2 Page 5 of 7 REGION 4 ESC Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services RFP #24-08 Additional Items to include in a National Market Basket ICATEGORY IMANUFACTURER NAME IFIXEOOISCOUNTOFF MANUFACTURERSPUBLISHEDLIST PRICE I Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 ADDENDUM 2 Page 6 of 7 RECEIPT OF ADDENDUM NO. 2 ACKNOWLEDGEMENT Offeror shall acknowledge this addendum by signing below and include in their proposal response. Company Name Lowe's Home Centers, LLC Contact Person Steffani McLean Signature Date June 26, 2024 Crystal Wallace Region 4 Education Service Center Procurement Contract Specialist Maintenance, Repair and Operations (MRO) Supplies, Equipment, and Related Products and Services Solicitation Number 24-08 ADDENDUM 2 Page 7 of 7 Appendix C, Doc #t ACKNOWLEDGMENT AND ACCEPTANCE OF REGION 4 ESC's OPEN RECORDS POLICY OPEN RECORDS POLICY All proposals, information and documents submitted are subject to the Public Information Act requirements governed by the State of Texas once a Contract(s) is executed. If an Offeror believes its response, or parts of its response, may be exempted from disclosure, the Offeror must specify page -by -page and line -by-line the parts of the response, which it believes, are exempt and include detailed reasons to substantiate the exemption. Price is not confidential and will not be withheld. Any unmarked information will be considered public information and released, if requested under the Public Information Act. The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror. Offeror is advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. Signature below certifies complete acceptance of Region 4 ESC's Open Records Policy, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the Acknowledgment and Acceptance of Region 4 ESC's Open Records Policy below: We acknowledge Region 4 ESC's Open Records Policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act. We declare the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act. (Note: Offeror must specify page -by -page and line -by-line the parts of the response, which it believes, are exempt. In addition, Offeror must include detailed reasons to substantiate the exemption(s). Price is not confident and will not be withheld. All information believed to be a trade secret or proprietary must be listed. It is further understood that failure to identify such information, in strict accordance with the instructions, will result in that information being considered public information and released, if requested under the Public Information Act.) VP Pro Sales Authorized Signature & Title June 26, 2024 Date Appendix C, Doc #2 ANTITRUST CERTIFICATION STATEMENTS (Tex. Government Code § 2155.005) Attorney General Form I affirm under penalty of perjury of the laws of the State of Texas that 1. 1 am duly authorized to execute this Contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; 2. In connection with this proposal, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; 3. In connection with this proposal, neither I nor any representative of the Company has violated any federal antitrust law; and 4. Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. Company Lowe's Home Centers, LLC 1000 Lowe's Blvd Address Mooresville, NC 28117 Phone 980-287-6417 Fax Version January 17, 2024 Contact JiJure Lisa Minton Printed Name Pro Compliance Manager Position with Company Official - Authorizing Proposal r- atu Steffani McLean Printed Name VP Pro Sales Position with Company CERTIFICATE OF INTERESTED PARTIES FORM 1295 L of 1 Complete Nos. 1- 4 and 6 it there are interested parties. Complete Nos 1, 2, 3.5, and 6if there are no interested Parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2024-1180975 Cate Fled: 1 Name of business amity filing form, and the city, state and country of the business entity's place of business. Love's Home Centers, LLC Mooresville, INC United States 2 Name of governmental entity or state agency that is a Party b the compact for vihich the form is being filed. Region 4 Education Service Center 06/26/2024 Date AcknoW edged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provide ! center the contract. 24-08 Maintenance, Repair and Operations (MRO) Supplies & Related Services 4 Name of Imerested Parry City, State, Country( place of business) Nature of interest (check spill lcable) Controlling intermediary 5 Check only g there is NO Interested Parry. ❑ 6 UNSWORN DECLARATION My name is Lowe's Home Centers, LLC and my date of binhis N/A My address is 1000 Lowe's Blvd , Mooresville NC , 28117 USA (sane) (Cry) (slets) pp cadet fcountrn) I declare under penaky of perjury that the foregoing is true and correct. Slate of NC onthe 26 dam June .zo2024 �nml inner) Executed in Iredell :j'Sigur laulhorized agent otwmracting business entay Deearant) Forms nrovided by Texas Ethics Commission w Wue AIh,f55t01P tv IIS Veminn V4.1 rtd3]Raham Exhibit F Federal Funds Certifications FEDERAL CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT TO WHOM IT MAY CONCERN: Participating Agencies may elect to use federal funds to purchase under the Master Agreement, This form should be completed and returned. DEFINITIONS Contract means a legal instrument by which a non —Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non —Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward Contractor means an entity that receives a contract as defined in Contract. Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass -through entity and a non —Federal entity that, consistent with 31 U.S.C. 6302-6305: (a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass -through entity to the non —Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass -through entity's direct benefit or use; (b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass -through entity and the non —Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include: (1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only: (i) Direct United States Government cash assistance to an individual; (ii) A subsidy; (iii) A loan; (iv) A loan guarantee; or (v) Insurance. Federal awarding agency means the Federal agency that provides a Federal award directly to a non —Federal entity Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section: (a)(1) The Federal financial assistance that a non —Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity, as described in § 200.101 Applicability; or (2) The cost -reimbursement contract under the Federal Acquisition Regulations that a non —Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity, as described in § 200.101 Applicability. (b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost -reimbursement contract awarded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement. Version March 19. 2024 Non —Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: (a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (b) is not organized primarily for profit, and (c) Uses net proceeds to maintain, improve, or expand the operations of the organization. Obligations means, when used in connection with a non —Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non —Federal entity during the same or a future period. Pass -through entity means a non —Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. Recipient means a non —Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients. Simplified acquisition threshold means the dollar amount below which a non —Federal entity may purchase property or services using small purchase methods. Non —Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro -purchase.) Subaward means an award provided by a pass -through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass -through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass -through entity considers a contract. Subrecipient means a non —Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance. The following provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Per FAR 52.204-24 and FAR 52.204-25, solicitations and resultant contracts shall contain the following provisions. 52.204.24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52 204-26. Covered Telecommunications Equipment or Services —Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications -Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a) Definitions. As used in this provision — Version March 19. 2024 Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204.25. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-- (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(6) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https:llwww.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Offeror represents that— (1) It ❑ will, Vwill not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that — It ❑ does,,/does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer. (i) For covered equipment — (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services — (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. Version Nlarch R 202d (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer. (i) For covered equipment — (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services — (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020). (a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People's Republic of China. Covered telecommunications equipment or services means— (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means— (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Version March 19. 2024 Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third -party audit. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115.232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4 2104. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. (c) Exceptions. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at ttps.1/dibnet.dod.mii. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https:lidibnet.dod mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. Version March 19. 2024 (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency's subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable. APPENDIX II TO 2 CFR PART 200 (A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does offeror agree? YES _SM Initials of Authorized Representative of offeror (B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract. Does offeror agree? YES _SM Initials of Authorized Representative of offeror (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60.1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 CFR 12319, 12935, 3 CFR Part, 1964.1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. Does offeror agree to abide by the above? YES _SM Initials of Authorized Representative of offeror (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146.3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Version March 19. 2024 Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis -Bacon Act provisions. Does offeror agree? YES _SM Initials of Authorized Representative of offeror (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process. Does offeror agree? YES .SM _Initials of Authorized Representative of offeror (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. Does offeror agree? YES_SM Initials of Authorized Representative of offeror (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401.7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) In the event Federal Transit Administration (FTA) or Department of Transportation (DOT) funding is used by Participating Public Agency, Offeror also agrees to include Clean Air and Clean Water requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. Does offeror agree? YES _SM Initials of Authorized Representative of offeror Version March 19. 2024 (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority otherthan Executive Order 12549. Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency. Does offeror agree? YES SM Initials of Authorized Representative of offeror (1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. Pursuant to Federal Rule (1) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (3) The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Does offeror agree? YES SM Version March 19. 2024 Initials of Authorized Representative of offeror RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Does offeror agree? YES SM Initials of Authorized Representative of offeror CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18). Does offeror agree? YES SM Initials of Authorized Representative of offeror CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Additionally: (1) The Contractor agrees to comply with 49 USC 53230) and 49 CFR Part 661, which provide that federal funds may not be obligated unless steel, iron and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7.A general public interest waiver from the Buy America requirements applies to microprocessors, computers, microcomputers, software or other such devices, which are used solely for the purpose of processing or storing data. This general waiver does not extend to a product or device that merely contains a microprocessor or microcomputer and is not used solely for the purpose of processing or storing data. Separate requirements for rolling stock are set out at 53230)(2)(C) and 49 CFR 661.11. (2) A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA- funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. The following certificates titled FTA and DOT Buy America Certification should be completed and returned with the response as part of FTA and DOT requirements. FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENTOF ROLLING STOCK CERTIFICATE OF COMPLIANCE (select one of the two options, NOT BOTH) Certificate of Compliance with 49 USC §5323(j) The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 53230), and the applicable regulations of 49 CFR 661.11. Check for YES: V OR Version March 19. 2024 Certificate of Non -Compliance with 49 USC §53236) The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230), but may qualify for an exception to the requirement consistent with 49 U.S.C. 53236)(2)(C), and the applicable regulations in 49 CFR 661.7. Check for YES: FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL OR MANUFACTURED PRODUCTS CERTIFICATE OF COMPLIANCE (select one of the two options, NOT BOTH) Certificate of Compliance with 49 USC §53236)(1) The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(1), and the applicable regulations in 49 CFR part 661. Check for YES: OR Certificate of Non -Compliance with 49 USC §53236)(1) The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 53230)(2), as amended, and the applicable regulations in 49 CFR 661.7. Check for YES: Does offeror agree? YES Offeror's Name: Address, City, State, and Zip Code: Phone Number: Fax Number: Printed Name and Title of Authorized Representative: Email Address: ProComplianceaLowes. com Signature of Authorized Representative: Date: June 26, 2024 Initials of Authorized Representative of offeror Steffani McLean VP Pro Sales CERTIFICATION OF ACCESS TO RECORDS — 2 C.F.R. 4 200.336 Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are pertinent to offeror's discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror's personnel for the purpose of interview and discussion relating to such documents. Does offeror agree? YES _sM Initials of Authorized Representative of offeror CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does offeror agree? YES SM Initials of Authorized Representative of offeror Version March 19. 2124 COMMUNRY DEVELOPMENT BLOCK GRANTS Purchases made under this contract may be partially a fuly funded with federal grant funds. Funding for this work may include Federal Funding sources, including Community Development Blair Grant (CDBG) funds from the U.S. Department of Housing and Urban Development, When such funding is provided, Offeror shall comply with all terms, conditions and requirements enumerated by the grant funding source, as wet as requirements of the State statutes for which the contract is utilized, whichever is the more restrictive requirement. When using Federal Funding, Offeror shall comply with all wage and latest reporting pmvisions of the Federal Davis -Bacon Act. HUD-4010 Labor Provisions also applies to this contract. Does offeror agree? YES SM Initials of Authorized Representative of offeror Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ord inan ces, as applicable.It is further acknowled gad that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above. Offences Name: L9wes Hare Centers. LLC Address, City, State, and Zip Code: 1000 Lowe's Blvd. Maaresvile. NC 28117 Rhone Number. 990-281-6417 Fax Number: Printed Name and Title of Authorized Representafive: Steffan McLean VP Pm Sates Signature of Authorized Representative:! �G /'01�e% Date: June 2e, 2024 Vcrsimi March 19.20.E FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS Awarded Supplier(s) (also referred to as Contractors) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA and Additional Federal Funding Special Conditions required by the Federal Emergency Management Agency (FEMA) and other federal entities. "Contract" in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as the "Master Agreement". "Contractor" in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as "Supplier" or "Awarded Supplier". Conflicts of Interest No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ T Standard Form 424B, ¶ 3. i. FEMA considers a "financial interest" to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an "apparent" conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency ("NFE") must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE's may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE's written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE's employee may be dismissal, and the penalty for a contractor might be the termination of the contract. Contractor Integrity A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non -procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level. Notice of Legal Matters Affecting the Federal Government In the event FTA or DOT funding is used by Participating Public Agency, Contractor agrees to: 1) The Contractor agrees that if a current or prospective legal matter that may affect the Federal Government emerges, the Contractor shall promptly notify the Participating Public Agency of the legal matter in accordance with 2 C.F.R. §§ 180.220 and 1200.220. Version March 19. 2024 2) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. 3) The Contractor further agrees to include the above clause in each subcontract, at every tier, financed in whole or in part with Federal assistance provided by the FTA. Public Policy A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the: a. Equal opportunity and nondiscrimination laws b. Five affirmative steps described at 2 C. F.R. § 200.321(b) for all subcontracting undercontracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7 c. Applicable prevailing wage laws, regulations, and executive orders Affirmative Steps For any subcontracting opportunities, Contractor must take the following Affirmative steps 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Prevailina Waae Reauirements When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis -Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency. Federal Requirements If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized. 2 C.F.R. 200.326 and 2 C.F.R. Part 200 Appendix Its Required Contract Clauses CONTRACT REMEDIES Version March 19. 2024 Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below which an NFE may purchase property or services using small purchase methods, currently set at $250,000 for procurements made on or after June 20, 2018,4 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and must provide for sanctions and penalties as appropriate. 1.1 Applicability This contract provision is required for contracts over the SAT, currently set at $250,000 for procurements made on or after June 20, 2018. Although not required for contracts at or below the SAT, FEMA suggests including a remedies provision. 1.2 Additional Considerations For FEMA's Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non -delivery by the contract's specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable year's Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov. TERMINATION FOR CAUSE AND CONVENIENCE a. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B). b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. 3. EQUAL EMPLOYMENT OPPORTUNITY When applicable: a Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C). b. Key Definitions. i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit Version \larch 19, 2024 of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. d Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause. During the performance of this contract. the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or nationalorigin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, ordisclosed the compensation of the employee orapplicantor another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's Version March 19. 2024 commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders- (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Version March 19. 2024 Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 4. DAVIS-BACON ACT a Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §§ 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. b. Applicability. The Davis -Bacon Act applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. c ,Reguirements. If applicable, the non-federal entity must do thefollowing: i. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the Davis -Bacon Act, must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to FEMA. iii. Include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and AssistedConstruction"). Suggested Language. The following provides a sample contract clause: Compliance with the Davis -Bacon Act. Version March 19. 2024 a. All transactions regarding this contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141- 3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b. Contractors are required to pay wages to laborersand mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c Additionally, contractors are required to pay wagesnot less than once a week. 5. COPELAND ANTI -KICKBACK ACT EL Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situationswhere the Davis -Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program. c Reouirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti -Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. Sample Language. The following provides a sample contract clause: Compliance with the Copeland "Anti -Kickback" Act. a. Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any Version %larch 19. 2024 subcontractor or lower tier subcontractor with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12." 6. CONTRACT WORK HOURS AND SAFETY STANDARDSACT a Standard. Where applicable see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at29 C.F.R. Part 5. See_2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause: Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in suchworkweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of Version March 19. 2024 $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency or loan/grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of thissection. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of thissection and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. 7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT ORAGREEMENT a Standard. If the FEMA award meets the definition of "funding agreement" under 37C.F.R. § 401.2(a) and the non -Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F). b. Applicability. This requirement applies to "funding agreements," but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households — Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of "funding agreement." c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines "funding agreement' as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. & CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROLACT a Standard. If applicable, contracts must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671 q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Version March 19. 2424 Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G). tx Applicability. This requirement applies to contracts awarded by a non-federal entity of amounts in excess of $150,000 under a federal grant. c. Suggested Language. The following provides a sample contractclause. Clean Air Act 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided byFEMA. Federal Water Pollution Control Act 1. The contractor agrees to comply with all applicablestandards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 etseq. 2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Off ce. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided byFEMA. 9. DEBARMENT AND SUSPENSION a. Standard. Non -Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non -procurement Debarment and Suspension). h Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. Vcrsion March 19, 202.1 c. Requirements. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made -to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction," which is any non -procurement transaction (unless excepted) at either a "primary" or "secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the non -procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipients. iii. Specifically, a covered transaction includes the following contracts for goods or services: 1. The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. 2. The contract requires the approval of FEMA, regardlessof amount. The contract is for federally -required auditservices. 4. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of$25,000. d Suggested Language. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Version March 19, 2024 (3) This certification is a material representation of fact relied upon by the Participating Public Agency. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Participating Public Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BYRD ANTI -LOBBYING AMENDMENT a Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. FEMA's regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency. II Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of$100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. Q Suggested Language. Byrd Anti -Lobbying Amendment 31 U.S.C. � 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. d Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification. APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements Version March 19, 202.1 The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date Version March 19. 2024 1L PROCUREMENT OF RECOVERED MATERIALS a Standard. A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. §200.322. b. Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs. a Requirements. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. d. Suggested Language. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/com rehensive-procurement-quideline-cog-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." 12. DOMESTIC PREFERENCES FOR PROCUREMENTS As appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products. Applicability For purchases in support of FEMA declarations and awards issued on or after November 12. 2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements. Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber." 13. ACCESS TO RECORDS a. Standard. All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non-profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or CcmptrollerGeneral. Access to Records. The following access to records requirements apply to this contract: i.The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. ii.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. iii.The Contractor agrees to provide the FEMA Administratoror his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. iv.ln compliance with the Disaster Recovery Act of 2018, the Participating Public Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 14. CHANGES a. Standard. To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. b. Applicability. FEMA recommends, therefore, that a non -Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending onthe nature of the contract and the end -item procured. 15. DHS SEAL, LOGO, AND FLAGS a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018). b. Applicability. FEMA recommends that all non -Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. c. "The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. 16. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS Version March 19, 2024 a. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders. b. Applicability. FEMA recommends that all non -Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. c. "This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives." 17. NO OBLIGATION BY FEDERAL GOVERNMENT a. Standard. FEMA is not a party to any transaction between the recipient and its contractor. FEMA is not subject to any obligations or liable to any party for any matter relating to the contract. b. Applicability. FEMA recommends that the non -Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. c. "The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract." 18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018), and 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made. The non -Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. b. Applicability. FEMA recommends that the non -Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. c. "The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract." d. In the event FTA or DOT funding is used by a Participating Public Agency, Contractor further acknowledges U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, and apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate. Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA Version March 19, 2024 under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate. Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) SPECIAL CONDITIONS Awarded Supplier(s) (also referred to as Contractors) may be asked to provide products and services to agencies following Federal Transit Administration and/or Department of Transportation requirements. By submitting a response, the Supplier is accepting these FTA and DOT Special Conditions. NO GOVERNMENT OBLIGATION TO THIRD PARTIES These requirements do not apply to micro -purchases ($10, 000 or less, except for construction contracts over $2,000). (1) The Participating Public Agency and contractor/vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the purchaser, contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS These requirements do not apply to micro -purchases ($10,000 orless, except for construction contracts over$2,000) (1) The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies, "49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the contractor to the extent the Federal Government deems appropriate. (2) The contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. § 5323(I) on the contractor, to the extent the Federal Government deems appropriate. (3) The contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. ACCESS TO RECORDS AND REPORTS (1) Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub -agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. (2) Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract Vcrsion March 19. 2024 for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. (3) Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. (4) Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. FEDERAL CHANGES (1) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this Contract. Contractor agrees to: a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (a)(11). CIVIL RIGHTS I TITLE VI REQUIREMENTS The Participating Public Agency is an Equal Opportunity Employer. As such, the Participating Public Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Participating Public Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. (1) Nondiscrimination — In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 20000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity — The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, Version March 19, 2024 but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The contractor also agrees to include these requirements in each subcontract financed whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. INCORPORATION OF FTA 4220.1 F TERMS (1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any Participating Public Agency request, which would cause the Participating Public Agency to be in violation of the FTA terms and conditions. (2) Flow Down — The incorporation of FTA terms has unlimited flow down. DISADVANTAGED BUSINESS ENTERPRISE (DBE) The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the contractor from future bidding as non -responsible. 49 C.F.R. § 26.13(b). 5) Non -Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)). 6) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor's receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage Version March 19. 2024 payments to those subcontractors within thirty (30) days after the subcontractor's work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non -DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of Participating Public Agency. 7) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract. ENERGY CONSERVATION REQUIREMENTS Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any Participating Public Agency request, which would cause the Participating Public Agency to be in violation of the FTA terms and conditions. 2) Flow Down — The incorporation of FTA terms has unlimited flow down. SUSPENSION AND DEBARMENT The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Government Wide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to Vernon March 19. 2024 suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES Agency and Contractor acknowledge and agree that, absent the Federal Government's express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. CARGO PREFERENCE REQUIREMENTS Use of United States -Flag Vessels. The contractor agrees: 1) To use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels. 2) To furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington D.C. 20590 and the FTA recipient (through the contractor in the case of a subcontractor's bill -of lading). 3) To include these requirements in all subcontracts issued pursuant to the contract when the subcontract may involve the transport of equipment, materials, or commodities by ocean vessel. FLY AMERICA Fly America Requirements: 1) Definitions. As used in this clause- "International air transportation" means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. "United States" means the 50 States, the District of Columbia, and outlying areas. "U.S.-flag air carrier" means an air carrier holding a certificate under 49 U.S.C. Chapter 411. 2) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government -financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign - flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign -flag air carrier if a U.S.-flag air carrier is available to provide such services. 3) If available, the contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. Version March 19. 2024 4) In the event that the contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the contractor shall include a statement on vouchers involving such transportation essentially as follows: 11 Statement of Unavailability of U.S.-Flag Air Carriers 11 International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign -flag air carrier service for the following reasons. See FAR § 47.403. Stated Reason(s) 5) The contractor shall include the substance of this clause, including this paragraph, in each subcontract or purchase under this contract that may involve international air transportation. RECYCLED PRODUCTS 1) The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials," 40 C.F.R. part 247. CONFORMANCE WITH ITS NATIONAL ARCHITECTURE When applicable: 1) Contractor shall conform, to the extent applicable, to the National Intelligent Transportation Standards architecture as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 and as amended by MAP- 21 23 U.S.C. § 517(d), note and follow the provisions of FTA Notice, "FTA National Architecture Policy on Transit Projects," 66 Fed. Reg.1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing. ADA ACCESS 1) In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. SAFE OPERATION OF MOTOR VEHICLES 1) Seat Belt Use - The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company -owned vehicles, company -rented vehicles, or personally operated vehicles. The terms "company -owned" and "company -leased" refer to vehicles owned or leased either by the Contractor or Participating Public Agency. 2) Distracted Driver- The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately -owned vehicle when on official business in connection with the work performed under this agreement. Version ;March 19. 2024 PROMPT PAYMENT 1) The Prime Contractor shall pay any Subcontractor for work that has been satisfactorily performed no later than thirty (30) days from the date of the Prime Contractor's receipt of each payment made by the Participating Public Agency. Additionally, within thirty (30) days of satisfactory completion of all work required of the Subcontractor, the Prime Contractor shall release any retainage payments withheld to the Subcontractor. FTA PROTEST NOTIFICATION A protestant must exhaust all Participating Public Agency Procurement administrative procedures and remedies before pursuing a protest with the FTA. 1) Any and all protests shall be in writing and shall be filed with the Purchasing Manager with the Participating Public Agency. A protest relating to the process for determining the most responsive and responsible contractor shall be filed within five (5) business days after the protestor knows or should have known the basis of the determination. The Contract Officer shall respond to a protest within fourteen (14) calendar days after the receipt of the protest. The Purchasing Manager may grant the Contract Officer an extension for the response if warranted. A request for reconsideration of any and all determinations by the Contract Officer shall be filed with the Purchasing Manager within seven (7) calendar days after the receipt of the determination. 2) A protest shall include: a. The name, address, and telephone number, including FAX number if available, of the protestor; b. The signature of the protestor or authorized representative; c. Identification of the contract/solicitation; d. A detailed statement of the legal and/or factual grounds of protest including copies and/or citations of relevant documents, and; e. The form of relief requested. 3) If any of the above information is omitted or incomplete, then the Protestor shall be notified, in writing, within two (2) calendar days after that determination, and the Protestor shall have two (2) calendar days in which to remedy the specified problem. 4) The Participating Public Agency will not make award prior to the resolution of a protest, or open bids prior to resolution of a protest filed before bid opening unless the Purchasing Manager determines in writing that it is in the best interests of the Participating Public Agency or in keeping with Item 7 of this procedure to do otherwise. Potential contractors will be advised of a pending protest if the protest is filed before award. 5) The Purchasing Manager may allow for an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties include all bidding contractors, and may also include a subcontractor or supplier provided they have a substantial economic interest in a portion of the IFB or RFP. 6) The Purchasing Manager shall respond "in writing", in detail, to each substantial issue raised in the protest. The Purchasing Manager has the sole authority to make determinations for the Participating Public Agency, and a determination shall be considered final when it is labeled as such. A request for reconsideration will be allowed by the Purchasing Manager if he determines that data has become available that was not previously known, or that there has been an error of law or regulation. 7) The Participating Public Agency may proceed with procurement when a protest is pending if the Participating Public Agency determines that: Version March 11). 2024 a. The items to be procured are urgently required; b. Delivery or performance will be unduly delayed by failure to make the award promptly; or c. Failure to make award will otherwise cause undue harm to the grantee for the Federal Government. 8) FTA will only entertain a protest that alleges: a. The Participating Public Agency failed to have or to adhere to its protest procedures, or failed to review a complaint or protest; or b. Violations of Federal law or regulation. 9) A protest to FTA must be filed in accordance with FTA Circular 4220.1 F, available from the Contract Officer. Specifically, protestors shall file a protest with FTA Region 9 or FTA Headquarters Office no later than five (5) days after a final decision is rendered under the Participating Public Agency's protest procedure. In instances where the protestor alleges that the Participating Public Agency failed to make a final determination on the protest, protestors shall file a protest with FTA not later than five (5) calendar days after the protester knew or should have known of the grantee's failure to render a final determination on the protest. A protest filed with FTA shall: a. Include the name and address of the protestor. b. Identify the grantee, project number, and the number of the contract solicitation. c. Contain a statement of the grounds for protest and any supporting documentation. This should detail the alleged failure to have or adhere to protest procedures, failure to review a complaint or protest; or Violation of Federal law or regulation. Include a copy of the local protest filed with the grantee and a copy of the grantee's decision, if any. Offeror agrees to comply with all terms and conditions outlined in the FEMA and Additional Federal Funding Special Conditions section of this solicitation. See Further Information in Addendum A - Exhibit F Federal Funds Certifications. Offeror's Name: Address, City, State, and Zip Code: Phone Number: Fax Number: Printed Name and Title of Authorized Representative: Email Address: Signature of Authorized Representative: Date: Version March 19, 2024 Exhibit G New Jersey Business Compliance NEW JERSEY BUSINESS COMPLIANCE Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New .lersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the ofTeror's response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners' ability to promote the Master Agreement in the State of New Jersey. DOC 41 Ownership Disclosure Form DOC 92 Non -Collusion Affidavit DOC #3 Affirmative Action Affidavit DOC 44 Political Contribution Disclosure Form DOC #5 Stockholder Disclosure Certification DOC 46 Disclosure of Investment Activities in Iran DOC 47 Certification of Non-involvement in Prohibited Activities in Russia or Belarus DOC #8 New Jersey Business Registration Certificate DOC 49 EEOAA Evidence DOC 410 MacBride Principals Form New .lersey suppliers are required to comply with the following New Jersey statutes when applicable: • all anti -discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2- 14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38, • Prevailing Wage Act, N.J.S.A. 34:1 1-56.26, for all contracts within the contemplation of the Act. • Public Works Contractor Registration Act, N.J.S.A. 34: I 1-56.26. and • Bid and Performance Security, as required by the applicable municipal or state statutes. Version March 19. 2024 DOC # 1 STATEMENT OF OWNERSHIP DISCLOSURE, N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal. Name of Organization: Lowe's Home Centers, LLC Organization Address: 1000 Lowe's Blvd, Mooresville, NC 28117 Part I Check the box that represents the type of business organization: ❑ Sole Proprietorship (skip Parts 11 and 111, execute certification in Part IV) ❑ Non -Profit Corporation (skip Parts 11 and III, execute certification in Part IV) ❑ For -Profit Corporation (any type) ❑ Limited Liability Company (LLC) ❑ Partnership ❑ Limited Partnership ❑ Limited Liability Partnership (LLP) ❑ Other (be specific): Part 11 ❑ The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION) OR ❑ No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV) (Please attach additional sheets if more space is needed): Name of Individual or Business Entity Home Address (for Individuals) or Business Address Version 1 Lirch 19, 2024 Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed. Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed. Stockholder/Partner/Member and Corresponding Home Address (for Individuals) or Business Address Entity Listed in Part II Part IV Certification I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer, that the <name of contractingunib is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with crype of contracting unit> to notify the ctype of contracting unit> in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breech of my agreement(s) with the, permitting the crype of contracting unity to declare any centmct(s) resulting from this certification void and unenfonzable. Full Name(Prin[): ffarll McLean a s Title: VP Pro Sales Signature: _ Date: June 26, 2024 I Version Mich 19.2U4 DOC #2 NON -COLLUSION AFFIDAVIT STANDARD BID DOCUMENT REFERENCE Reference: VII-1-1 Name of Form: NON -COLLUSION AFFIDAVIT Statutory Reference: No specific statutory reference State Statutor , Reference N.J.S.A. 52:34-15 Instructions Reference: Statutory and Other Requirements V11-1-1 The Owner's use of this form is optional. It is used to ensure that Description: the bidder has not participated in any collusion with any other bidder or Owner representative or otherwise taken any action in restraint of free and competitive bidding. VcrMon March 19. 2624 NON -COLLUSION AFFIDAVIT Moral Carolina State of lie I let eI County of rradeL ss: I. Steffan McLean residing in Moses ille )nun.• or Irmo (naneorn,nnidp,ln.r in the County of Iredell and State of Nodh Carolina of full age, being duly sworn according to law on my oath depose and say that: I am VP Pro Sales of the Finn of Lowds Home Centers, LLC (tale a position) (nane of am) the bidder inking this Proposal for the bid entitled 24-08 Mairaenace, Repair and Operations , and that I executed the said proposal with able nrbid mpmal ) full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion• or otherwise taken any action in restraint of free, competitive bidding in connection with the above mined project: and that all statements contained in said proposal and in this affidavit are true and correct, and inade with full knowledge that the Region 4 ESC relies upon the truth of the statcinents contained in said Proposal (mane ofconnoing unit) and in the statements contained in this affidavit in awarding the contract for the said project I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies inaintained by Lowe s Horne Centers. LLC Subscribed and sworn to before me this dayr Wnaturel June 28 , 2o24 Steffan McLean (type or print name of affiant under signature) Ty pubis of RodhNrOnat My Commission expires MY 22. 2025 (Seal) Pp Y W(sion \birch 19. V24 DOC #3 AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) Company Name: Lowe's Home Centers, LLC Street: 1000 Lowe's Blvd City, State, Zip Code: Mooresville, NC 28117 Proposal Certification: Indicate below company's compliance with New Jersey Affirmative Action regulations. Company's proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met. Reguired Affirmative Action Evidence: Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal: I. A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); m X 2. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; m 3. A photocopy of an Employee Information Report (Form AA302) provided by the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts and distributed to the public agency to be completed by the contractor in accordance with N.1.A.C. 17:27-4. Public Work —Over $50,000 Total Project Cost: A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201. A project contract ID number will be assigned to your firm upon receipt of the completed Initial Project Workforce Report (AA201) for this contract. B. Approved Federal or New Jersey Plan — certificate enclosed 1,fia9her certify Char the statements and in/iunxaion contained herein. are complete and correct to the best gllnyknowledge and belief June 26, 2024 d--VP Pro Sales Date t rtze signalure and Title vcormnmamh w, 2024 DOC #3, continued P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the perfoamance of this contract, the contractor agrees as IN lows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race. creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take alfiamative action to ensure that such applicants am recanted and employed. aid that employees am treated during employment, without retard to their age, race, creed, color, national origin, ancestry. marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation: aid selection I'or training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicans for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non- discrimination clause. The contractoror subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf ofthe contractor, state that all qualified applicants will receive consideration I'orenmploymment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractoror subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contact or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractors commitments under this act and shall post copies of the notice in conspicuous places available to employees aid applicants for employment. The contractoror subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended said supplemented from tittle to time and the Americans with Disabilities Act. The contractoror subcontractor agrees to attempt in good faith to employ minority aid female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended said supplemented from tittle to tittle or um accordance with a binding determination of the applicable counp employment goals determined by the Affinnative Action Office pursuant to N.J.A.C. 17:275.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended aid supplemented from tittle to tittle. The contractoror subcontractoragrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate at the basis ofage, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminator practices. The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing confoams with the principles ofjob-mlated testing, as established by the statutes aid court decisions of the state of New Jersey and as established by applicable Federal Inv aid applicable Federal coup decisions. The contractoror subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and Isyoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conl'onm with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal Inv and applicable Federal court decisions. The contractor aid its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from tittle totime Warder to carp out the purposes ofthese regulations, aid public agencies shall furnish such in1'oamtion as may be requested by the Affirmative Action Office for conducting a complia¢e investigation pursuant to Subchapter 10 of the Administrative Code fNJAC 17127). T Sigattiture of Procurement Agent Steffani Mclean VP Pro Sales Versimm Alarm 19. 204 J l otate of -petn 31erzep PHILIP D. MURPHY DEPARTMENTOFTHE TREASURY ELIZABETH MAHER MUOIO Governor DIVISION OF PURCHASE AND PROPERTY Acting State Tieasnmr CONTRACT COMPLIANCE & AUDIT UNIT SHEILA Y. OLIVER EEO MONITORING PROGRAM 33 WEST STATE STREET MAURICE A. GRIFFIN Lt. Gmarn°r P.O. Box 206 Acting DJrecan TRENTON, New 1 ERSEY 08625-0206 ISSUANCE CERTIFICATE OF EMPLOYEE INFORMATION REPORT Enclosed is your Certificate of Employee information Report (hereinafter referred to as the "Certificate" and issued based on the Employee Information Report (AA-302) form completed by a representative of your company or firm. Immediately upon receipt, this certificate should be forwarded to the person in your company or firm responsible for ensuring equal employment opportunity and/or overseeing the company or firm's contracts with public agencies. Typically, this person may be your company or firm's Human Resources Manager, Equal Employment Opportunity Officer or Contract Administrator. If you do not know to whom the certificate should be forward, kindly forward it to the head of your company or firm. Copies of the certificate should also be distributed to all facilities of your company or firm who engage in bidding on public contracts in New Jersey and who use the same federal identification number and company name. The certificate should be retained in your records until the date it expires. This is very important since a request for a duplicate/replacement certificate will result in a $75.00 fee. On future successful bids on public contracts, your company or firm most present a photocopy of the certificate to the public agency awarding the contract after notification of the award but prior to execulionofagoodsandservicesorpmft iomise"icesconlract. Failure to present lhecertificate within the time limits prescribed may result in the awarded contract being rescinded in accordance will N.J.A.C. 17:27.4.3b. Please be advised that this certificate has been approved only for the time periods staled on the certificate. As early as ninety (90) days prior to its expiration, the Division will forward a renewal notification. To expedite the process, all vendors are encouraged to complete and file renewal documents electronically on our new online system at N""Y.state.ni.us/treasury/wntmct—complinum. Upon the Division's receipt of a properly completed renewal application and $150.00 application fee, it will issue a renewal certificate. In addition, representatives from the Division may conduct periodic visits and/or request additional information to monitor and evaluate the continued equal employment opportunity compliance of your company or firm. Moreover, the Division may provide your company or firm with technical assistance, as required. Please be sure to notify the Division immediately if your company's federal identification number, name or address changes. If you have any questions, please call (609) 292-5473 and a representative will be available to assist you. Rev. 322 Certirvition29082 CERTIFICATE OF EMPLOYEE INFORMATION REPORT RENEWAL A"'i This is to certify that the contraMorlisted wait ubm18itl�ap lossyee Information Report pursuant to N.J.A.C. 17:27-7.7 el. seq. and the S// W aesurer,hasapproved sat on. This approval will remain in effect for the period of 15-�,Oti-t2022 a „t0 .15- \ -2025 J '7� LOWERS HONE CENTERS, 1000 LOWES BLVD MOORESVILLE NC El-) i ETH M ER M17010 Staterreasurer DOC 44 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Public Agency Instructions This page provides guidance to public agencies entering into contracts with business entities that are required to rile Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (http:hwww.nj,eowdca divisions/dl�s,'resources;lfns 2006.1itm1). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational. I . The disclosure is required for all contracts i n excess of S 17.500 that are not awarded pursuant to a "fair and open" process N( I.S.A. 19:44A-20.7). 2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed. 3. The submission must be received from the contractor and on file at least I 0 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on tile. 4. The contractormust disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a. The Division has prepared model disclosure forms for each county. They can be downloaded from the "County PCD Forms" link on the Pay -to -Play web site at hitp: w\vw.ni.,owdca divisions-dles�programs Ipcl.htmlff 12. They will be updated from time -to -time as necessary. b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county -based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists. c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted. d. The form may be used "as -is", subject to edits as described herein. e. The "Contractor Instructions" sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form: where that is not the case, the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document. It is recommended that the contractor also complete a "Stockholder Disclosure Certification." This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006-7 for additional information on this obligation at httL:/ _gov dca:'divisions dl_siresources1fiis_2006:html). A sample Certification form is part of this package and the instruction to complete it is included in the Contactor Instructions. NOTE: This section is not applicable to Boards of Education. Version Mauch 19.2024 DOC 44. continued C. 271 POLITICAL CONTRI13UTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a "fair and open" process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: • any State, county, or municipal committee of a political party • any legislative leadership committee" • any continuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective off ice: 0 of the public entity awarding the contract 0 of that county in which that public entity is located 0 of another public entity within that county 0 or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that exceed S300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. N.J.S.A. 19:44A-20 26 itenlizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: • individuals with an "interest" ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as Wntlntllllg political committees, (PACs). When the business entity is a natural person, "a contribution by that person's spouse or child, residing therewith, shall be deemed to be a contribution by the business entity." N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that tails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the anlotnit that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign conlnlittees are affected by the disclosure requirement. It is the contractor's responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the nlininlum requirement. The enclosed form, a content -consistent facsimile. or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor's submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the laxv. N40TE: This section does not apply to Board of Education contracts, N.J.S.A. 19:44A-3(s): "The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993. c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures." Version March 19. 202.1 DOC 44, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant to N.J.S.A. 19:44A-20.26 This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract. Part I — Vendor Information Vendor Name: Lowe's Home Centers, LLC Address: I1000 Lowe's Blvd City: I Mooresville I State: NC Z.ip:28117 The undersigned being authorized to certify. hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form. ?ffani McLean Printed Name VP Pro Sales title Part II — Contribution Disclosure Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit. ❑ Check here if disclosure is provided in electronic form Contributor Name Recipient Name Date Dollar Amount None $ ❑ Check here if the information is continued on subsequent page(s) Version Nlarch 19. 2024 DOC 94, continued List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 County Name: State: Governor, and Legislative Leadership Committees Legislative District #s: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff {County Executive; Surrogate Municipalities (Mayor and members of governing body, regardless of title): USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A COUNTY -BASED, CUSTOMIZABLE FORM. Version March 19. 2024 DOC 45 STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business: 0 1 certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR E31 certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization: Partnership 13Corpomtion OSole Proprietorship 0 Limited Pannemup 13 Limited Liability Corporation OLimited Liability Partnership Subchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. 4ockholders: - See attached lanauane Name: Lowes Companies, Inc Name: Home Address: 1000Lowe's6Nd 1-lome Address: Mooresville, NC 28117 Name: Name: Home Address: 1-lome Address: Name: Name: Home Address: 1-lome Address: subscribed and srom before me this 2& day of .Inrw yi it 2D79 Alliant) (Notary Publicf J7(yL'v ILLX,� Yi.D Steffani McLean VP Pro Sales (Print name&title of aaient) M • Cotamiwion es tires •,,, ,.,mngi > I June 26, 2024 y�•" y Vemim March 19.2024 FEW- LOWES' Stockholder Disclosure Certification Lowe's Home Centers, LLC is a fully owned subsidiary of Lowe's Companies, Inc. ("Lowe's"), a publicly traded company. Lowe's discloses the beneficial ownership of its common stock in its annual Definitive Proxy Statement (Schedule 14A), the most recent of which may be accessed through the U.S. Securities and Exchange Commission's website at: https://www.sec.gov/ DOC #6 DISCLOSUREOF INVESTMENT ACTIVITIES IN IRAN FORM STATEOFtEWJERSEY OEPARTNEM OF ME TREASURY oweerr OF PUMMSE ANDPROPERTY 9 WEST STATE STREET, P.O. eon 231 TRENTON NEW JERSEY 6R5@2a 810 SOLICFTATIDN YANG TITLE: 24-08 Mainteri Repair and Operations VENDOR NAME Lme's Home Centers, I Pursuant to N.J.S.A.52:32-57, er seq. (P.L. 2012, c.25 and P.L. 2021, c.b) my person aentitylhatsubitsa bid a proposal a olherwfsa proposes to enterinto a renew accnbaa mat cerff Y that natter the person m entity, nor any ofits parents, subsdaies, a affiliates, is ider fred ontlle New Jersey Depalmenl of [be Treasurys Chapter 25 List as a person a enfi y engaged in investment aclivilies in Iron. The Charter 25 list is found on [be Division's websile a hips IWww slaen usiVeamrv'ourchaca'odflChanler25L,s1 not Vendors/Bidders must review this list prior to competing [be helm certilicabon. If the Director of Ne Diviaon of Purchaseand Property thrifts a person or enhly to be in inolmon of the lm, sTe steal take action as maybe appropriae and provitled by law, ruleor canard, inclucing but notlinilecl to, imposing sandions, searing compiance, recovering damages, Regaling the parry in default and seeking debarment orsuspenston Hate party. ❑ 1 party, prsumtb NJ.SA. 52:32-57, et Sen. (P.L 2012, c 25and P L. 2021, c4), Nal nether M Vendorr8dcLrF9edabove naairy of its parmis, suaidares, orafiliales s Isla1 m Ne NesiJersey Departments Ne Treasurrys Chapter 251islof enliliesdelermined to M engaged in prohiblled wholes in Iran. OR FvqI am unable b catitya; aMve because IM VeMalBidMrandbomor maeofils pawls, subsdimm, aafliales s li9edon the New Jersey DepaWmlof the Treasury's Chapter 25 Lisl. I sail provide a detailed, aoomale and precise description of the w1wiles of IM VerrorlBidtler, or ore of its parents, subscia es or affiliates, hasengaged in regarding inveslmenl aciafies in Iran by competing IM information requested them. Enfiy Engaged in Investment Achir lies Relmonshipto Vendod Bidder Descrpion of Activities Duration of Engagement Anitdpaled Cessation Dale 'Attach It Neaessary CERTIFICATION I, the urdasgned, carry that I am arMal2ed to ecaule this cern5cafion on behalf of Me Vendor, trial Me foregoing information and my aRechmenshereto, to Me best of my kmMedge are We mdpanplete.l acknoviedge that Ne Slaleof flew Jerseys relying on Ne infamafion cenlaned heren,and Nal Ne Vmftis under amntiming oblgaion lranite date of Its oemication though Necanpelon ofanyconbacl(s) wth Ihi lowly the State in wing of any dangles to the information con [aneclherar; Nall am aware that it is acontrol ofieree b make a false statement a merepresenlalon in WE omfralion. If I dow, I may M subjml to aimina prosecution under [helm, antl it will mnsfiblea maleriabrei of" cowacl(s) xi n Me Stale, pamillitg The Slate b declare any WntraCas) neswtlng from INs oarlficalion void and unenforceable. June 26. 2024 Sign Dale Stelfari McLean VP Pro Sales Psi Name and Title oPPIi 12132WI Version filnrch 19.2024 DOC #7 CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS Pursuant to NJ. S.A. 52:32-60.1,etseq. L( 2022.=. al any pawnor eltity(herenafter'Vendof') that seeks loenler into or rent aconlraclwilh a Slate agency for the provision of gads a servi orthe purchase of Winds other oblgations, nusl complete the cenificatial below indicating whether or not the Vendor is identified an the Office of Foreign Assets Control (OFAC) Specialty Designated Nationals and Blocked Persons list, available here. Nlps /Isandr nssearchofac.lreasoov/. If the Department of the Treasury finds that a Vendor has made scarification in violation of the In, it shall lake any action as may be appropriate and provided by In, rule or contract, includng but nN Wanted to, imposing sanctions, sax ing coml ionce, recovering damages, declaring Ore party in defau0 and seeking debarment or su spen son of the parry. I, the undersigned, certify that I have read the definition of'Ventlor below, and have renewed the Office of Foreign Assets Control (OFACT Specialty Designated Nationals and Blocked Persons fist, and having done so cenily: (Cti the Appropriate Box) A That the Vendor is not identfiled an the OFACScecially-Deagnated Nation as and Blocked Persons eu on aaount of activity related to Russia and/or Bdar s. OR O B. Thal I am unable to certify as to'A' above, because the Vendor a dentOled on the OFAC Soecid N Designated Nationals and Blocked Persons list on account of activity relaletl to Russia anNor Belarus. OR Thal I am unable to curtly as to'A' above, because the Vendor is identified an the OFAC Speed lv Damon aced Nationals and Blocked O Persons list.However, the Vendor is engaged in activity related to threats andror Belarus consistent with federal law, regulation, lkense C, or exemption. A detailed description of how the Vendors aaviy related to Russia andror Belarus is consistent with federal law is set forth below. re of Vey r' uborizetl Representative Steffani M Lean Print Noce and Tile of Ver"s Authorized Representative Lowe's Home Centers, LLC Vendors Name 1000 Lowe's Blvd Vendor a Address (Street Addi Mooresville, NC 28117 Vendors Adlress(CitylStateri Cade) (Mach Additional Shoals If Necessary.) June 26,2024 Date 56-0748358 Vendors FEIN 980-287-6417 Vendors Phone Number Vendors Fax Number ProCompliance@Lou res.com Vendors canal Address Vardar means: (1) A natural person, corgxalon, cmipar . FriEtl nauseant, named Really partnership noted wall cmpznw, business assmiatnn, ads popnebrshp joint verdure, parmashp sodeN, Furl or any aFer mrgavernrrrAal Why. agonizalim, a group: (A Any gaerrznonul swly or iebunrtalry of a governrrent, including a mdfie val development ralin lorr, as cefinetl n Section 171 of the Intenafimal Finned Fssurtims Pal 22 US.C. 2621 a (3) Any parent, mccasa, subau. direct or ind/eclsubsniay. aany army under mmnanameMP aconlal wlh, any onfiN descMetl In paragraph (1) or(2). NJ Rev. 1.22 nN Vaeim March 19,2024 DOC #8 NEW .JERSEY BUSINESS REGISTRATION CERTIFICATE (N.3.S.A. 52:32-44) Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract. littps://\vw\\.njnortal.com/DOIZ/BusincssRegistration/ Version March 19. 2024 STATE OF NEW JERSEY BUSINESS REGISTRATION CERTIFICATE "Taxpayer Name: LO W E'S HOME CENTERS, LLC Trade Name: Address: 1000 LOWES 13LVD MOORESVILLE, NC 28117-8520 Certificate Number: 1851711 Effective Date: Date of Issuance: For Office Use Only: 20240606154715061 February 10, 2014 June 06, 2024 DOC #9 EEOAA EVIDENCE Equal Employment Opportunity/Affirmative Action Goods, Professional Services & General Service Projects EEO/AA Evidence Vendors are required to submit evidence of compliance with N..I.S.A. 10:5-31 et seq. and NIA.C. 17:27 in order to be considered a responsible vendor. One of the following must be included with submission: • Copy of Letter of Federal Approval X • Certificate of Employee Information Report • Fully Executed Form AA302 • Fully Executed EEO-1 Report See the guidelines at: tttLs://www.state.nj.us/treasury/contract comLliancc/ilocuments/n"i-'uidclines/L)a.Ldf for further information. I certify that my bid package includes the required evidence per the above list and State website. Name: Steffani McLean Title: VP Pro Sales i Signature!�� June 26, 2024 DOC M 10 MACBRIDE•PRINCIPLES STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY 33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 06625-0230 BID SOLICITATION# AND TITLE:_24-08 Maintenance. Retlairand 0neratinns VENDOR NAME- Lowe's Home Centers, LLC Pursuant lo Public taw 19M. c 134, a responsible VendorlBCtler is required to provide a cerfificaWn in compliance with tie MacBTde Prindples and Northern Ireland Ad of 1989. Pursuant to N.J.S.A. 52:34-12.2, VendorlBidder mast complete the ceNFication below by checting one of the two opions ksted below and signing where indicated. If a Vendor/Bidder mat mid otter mse be awarded a purchase, contract or agreement does not axnplele the cefficatim, than the Diecla may determine, in amordanw will) appicabie law and mles, tsl it is in the heal interest of the Stale to award the purdrase, contract a agreement to another Venda! Bidder that has completed the cerlifiation and has submitted a bid withinire(5)percentdtomostadvantageousbid tithe Diredorimoscontimffors lobe in vication of the principles Ware Ire subjectof Ihis law, helshe shall lake such action as may he appropriate and provided bylaw, rule or contract, including but nor limiedlo, imposing sanctions, seeiing compliance, recovering damages. dedaing the party in defaup and seeking debarment or suspension of the party. I, the undersgned,on behalf the Vendor/Bidder, certify pursuant ID N.J.SA 52:34-12.200: CHECK THE APPROPRIATE RO 12 The VendalBCder has no business operations in Northern Ireland or OR The VendorlBidder wit lake lawful steps in good faith to condud any business operations i has in Ireland in accordance ❑ with the Mar3nde principles of nondscrininatim in employment as set forth in section 2 of P. L. 1997,c.177 N1 J.S.A.52:laA-89.5) and in conformance with the United Kingdoms Fair Employment (NoAhem Ireland) Act of 1999, and permit independent moNoring of he compliance with those principles. I, the undersgned. Da dythel I an aulanzed to exedre this ca4fialnn on behalf of be Venda, that the foregoing information and any attachments herelo, to he bell of my knowledge are Ime and omglele. I ackratedge that the Slate of New Jersey is relying co the information contained herein, andtlhat theVentlors under a continuing obligation from the date of bisceNicaion through the canple ion of anycmlracl(s) wit the State to nd* the Slate in wring of any changes to the information conlaned herein; Opel I am aware that it s a criminal offense In make a false statement or msrepesenlelim in tis cetifalon. If I di so, I may be subject to aimnal prosecdon under the law, and 1 will consl4Ne a material breach of my contract's) with the Stele, daunting the Stale to daJare myoanlracl(s) residing Gam this rerBiaion vdd and uenforomde ��-- June 26, 2024 Signature Dale Steffani McLean VP Pro Sales DWRee.L li_-Ml Veremi AL nh 19. 2024 Docusign Envelope ID: 39976CF1-4082-4C8E-B5F3-3A9C9DD5B931"_NIBIT C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. IJ Name of vendor who has a business relationship with local governmental entity. Lowe's Home Centers, LLC u ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. N/A Name of Officer Aj Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F-1 No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). u To the best of tfye-s tory'/s�Ak'n'owledge and belief, Lowe's is unaware of any qualifying relationships. S�� V' W , 11-10-25 Signature o @dSik"Winess with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 Docusign Envelope ID: 39976CF1-4082-4C8E-B5F3-3A9C9DD5B931 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.Iegis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§ 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more giftswith the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/16/25 M&C FILE NUMBER: M&C 25-0841 LOG NAME: 13PCOOP OP R240805 MAINTENANCE AND OPERATIONS JH CITYWIDE SUBJECT (ALL) Authorize Execution of a Purchase Agreement with Lowe's Home Centers, LLC Using an Omnia Partners Cooperative Contract for Maintenance, Repair, and Operating Supplies in an Annual Amount Up to $300,000.00 and Authorize Three Renewals for the Same Amount for All City Departments RECOMMENDATION: It is recommended that the City Council authorize execution of a purchase agreement with Lowe's Home Centers, LLC using a Omnia Partners cooperative contract for maintenance, repair, and operating supplies in an annual amount up to $300,000.00 and authorize three renewals for the same amount for all City Departments. DISCUSSION: The purpose of this Mayor & Council Communication is to establish a purchase agreement with Lowe's Home Centers, LLC (Lowe's) using Omnia Partners Contract No. R240805 to purchase maintenance, repair, and operating supplies. Lowe's provides various supplies such as hand tools, hardware, batteries, ladders and other catalog supplies used to repair and maintain City -owned equipment and facilities. Staff reviewed the pricing under Omnia Partners Contract No. R240805 and determined the pricing to be fair and reasonable. Omnia Partners contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. Request for Proposal (RFP) No. 24-08 was published in the Houston Chronicle on May 22, 2024 and May 29, 2024, and responses were opened on June 27, 2024. Omnia Partners Contract No. R240805 offers fixed discounts. FUNDING: Funding is budgeted in the various accounts within the participating departments operating budgets, as appropriated. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of the item. Omnia Partners contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. AGREEMENT TERMS: The initial term of the agreement will begin upon the date of execution and expire on October 31, 2026 to correspond with the terms of the cooperative contract. The agreement may be renewed for up to three (3) additional one-year terms for the same amount at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal terms. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. This agreement will serve ALL COUNCIL DISTRICTS. A Form 1295 is not required because: This contract will be with a publicly -traded business entity or a wholly -owned subsidiary of a publicly -traded business entity: Lowe's Home Centers, LLC FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating departments' Operating Funds to support approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. Submitted for City Manager's Office by Reginald Zeno 8517 Valerie Washington 6192 Qriginating Business ni e�i: Reginald Zeno 8517 Marilyn Marvin 7708 Additional Information Contact: Brandy Hazel 8087 Jordan Henry 8461 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Lowe's Home Centers, LLC Subject of the Agreement: Cooperative Agency Contract Omnia Partners R240805 M&C Approved by the Council? * Yes ® No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ® Ifonly speck information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: 10/31/2026 If diereni from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ® No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.