HomeMy WebLinkAboutCummins - Sales and Service AgreementCSales and
Service
-
June 13,2Q2
Prepared by
Jonathan Repose
(509)998'0316
We are pleased to provide you this quotation based on your inquiry,
Description
C20N6, 20kVV 80Hz, Standby, �� —�Natural Gas/Propane Genset.18OUrpmengine
11 Capable
Seismic Pre -Approval Certification
11
Alternator Heater, 120 Volt AC
Aluminum Weather Protective Enclosure, with Exhaust System
Enclosure Color - Green, Aluminum
Enclosure - Wind Load 180 MPH, ASCE7 - 10
Larger Battery Rack
Skidbase - Housing Read
Gauge - Oil Pressure
Meters - AC Output Analog (kVA)
Stop Switch - Emergency
Signals - Auxiliary, 8 Inputs/8 Outputs
Control Display Lanquage - English
Load Connections - Dual
Circuit Breaher, Location A.7UA-250A.3P,LG).0QUVolts AC, 1UU%, ]L
Circuit Breaker, Location B. 70A' 250A' 3P, LG|, 000 Volts AC, 8096. UL
EngineSuvamor-B*otronicjaochmnoum
Single Gas Fuel NG or LP Vapor
Engine Starter - 12 Volt DC Motor
Engine Air Cleaner - Normal Duty
Battery Charging Altemator
Battery Charger - 6 Amp, Regulated
Engine Cooling - Radiator, High Ambient Air Temperature, Ship Fitted
Shutdown - Low Coolant Level
Extension - Coolant Drain
Engine Coolant '5O96Antifreeze, 5DY4Water Mixture
Coolant Heater, Extreme Cold Ambient
Engine Oil
GensetVVa 2Years Base
Literature - English
Packing Skid, Poly Bag
Extenmion-Oi|Onsin
OTECB.QTECTransfer Switch -Electronic Contro:225A
OTEC225 Transfer Switch, ---
.225Amp
Liu�nQ-UL1000CB4Co��v�|on--
IBC Seismic Certification
ApplicationUtility to Genset
Cabinet - Type 3R
Poles - 4 (Switched Neutral)
Frequency - 60 Hz
System - Single Phase,2oroWire
Voltage -24OVolts AC
GenoetStarting Battery -12VDC
Quotation: REV7Q-158198-20230613-1543
Rog
Project: City Yakima -Lookout Point Opportunity
CSales and Quotation: REV7_Q-158198-20250013-1543
Service'
Item Description Qty
Interface - Communications Network, MODBUS RTU Module
Control Panel, Security Key Cover
Transfer Switch Warran!y - 12 Year Coin ,,rehensive
4 Battery
6 Freight (Factory Direct, offloading by others)
7 --- - Service - (N FPA 110 start and test Cu mmi ns tech onsite 1 day, customer train ing) TOTAL 1 0'
aPT 10 N l
t Option U}add SE rated ATS....... $4'500.00
250A Triple Switch
Optional Adders (per unit):
1. Phase Sequence Relay $813.00
2. 20A 5-20R 125V GFI Receptacle (Separate Field Circuit Required) $313.01�1
3. 30A 5-30R 125V Receptacle (Separate Field Circuit Required) $344.00
4. Shunt trip on CB-1 load bank breaker in lieu of interlock $688.00
1. (Highly recommended in cold/damp environments)
Quote value does not include any tax.
Technical Clarifications:
t 250AThple Switch
Not Seismically Rated Equipment
rNOTES: _
1. Technical Clarifications
25OATriple Switch
Not Seismically Rated Equipment
2. Installation ofgenerator and AT9byothers
3. Generator sizing verification byothers
1. Please refer &urequired datmoh*etfor mcfh@100Y6load
4. All required plumbing and regulators byothers
5. Our generator requires vapor from the top of the tank and will not run off of liquid.
Please feel free to contact me if you require any additional information; or if you have any further questions or concerns that I may be of
assistance with.
Thank you for choosing Cummins.
Submitted by:
Project: City Yakima-Looko Point Opportunity
CSales and Quotation:REV7_Q-150198-2025U513-1543
. Service
SUBMITTALS. An order for the equipment covered by this quotation will be accepted on a hold for release basis. Your order will not
be released and scheduled for production until written approval to proceed is received in our office. Such submittal approval shall
constitute acceptance ofthe terms and conditions ofthis quotation unless the parties otherwise agree in writing.
Only Sourcewell Contract 092222—CMM T&C' s govern this purchase
Authorized Signature
Company Name
Purchase Order No
<Rest ofthe page iuintentionally left blank'
662-3
Date
Quotation: REV7Q-158198-20230613-1543
ooc mpnEnvewpaoD:
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, M12
56479 (Sourcewell) and Cummins Inc., 500 Jackson Street, Box 3005, Columbus, IN 4720
(Supplier). I
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
T�@-rofitjrHaaLgovernment and other ublic entities located in the United States and Canada,
Sourcewell issued a public solicitation for Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 22, 2026, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
other rights will cease upon expiration or termination of this Contract.
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2D084C65EBC0
Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract..
All Equipment and Products provided under this Contract must be new and the current model.
Supplier offer • close-out or f ` •:. Equipment or Products
indicated f f product an•. pricing list. Unless agreed to by Participating
Contract
B. WARRANTY. All equipment purchased pursuant to this Contract is governed by the express
written manufacturer's warranty (the "Warranty") is is the only offered on
WARRANTIES,equipment. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE WARRANTY, THERE ARE NO
OTHER GUARANTEES,O. REPRESENTATIONS OF ANY KIND, EXPRESS O.
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED IN THE WARRANTY SHALL BE
+ �, r� : + •• ••+ •.
all Equipment, Products, • Services furnished are free fromand encumbrances,and
are
free from defects in design,f workmanship. in addition,Supplier
Equipment, Products, • Services are suitablefor •' will perform in accordance
ordinary use for which they are intended. Supplier's dealers and distributors must agree to
assist the Participating Entity in reaching a resolution in any dispute over warranty terms with
the manufacturer. Any i'.s beyond the expirationof
Supplier's warranty will be passed on to the Participating Entity.
C. DEALERS, ! . + i ' RESELLERS. Upon• • and througho
Supplier'sthe Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate • `• dealers, distributors, or • the Equipment
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the mo
current information.
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Equipment,Products, • Services that are operationalfor •'• purpose, •
includes all costs to the Participating Entity's requested delivery location.
Rev. 3/2022
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Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged, Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Supplier must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax -
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At anytime during this Contract, Supplier may offer a specific selecti
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically t
Sourcewell in a line -item format. Equipment, Products, or Services may be added or remove
from the Hot List at any time through a Sourcewell Price and Product Change Form as defin
in Article 4 below. I
Hot List program and pricing may also be used to discount and liquidate close-out and
Pscontinued Equipment and Products as long as those close-out and discontinued items al
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2D084C65EBC0
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
• identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
9 Include a complete restatement of pricing documentation in Microsoft Excel with the
effective is of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendme
to this Contract and will be incorporated by reference. I
"'miaMM11:111
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municip.l, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government -
owned facilities, including schools. Supplier's employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
Rev.3/2022
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2DO84C65EBCO
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
tWis Contract. a Partici atin Entit must clearl indicate to Sumlier that it intends to access this
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. Participatin.p
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry -specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum, the terms of which will be negotiated directly between the
Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as
applicable. Any negotiated additional terms and conditions must never be less favorable to th(-!
Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed inthis Contract (such ase'
connnnercespecificatinns,speda|izedde|iverynequinernents,orotherspedfirationsand
requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. SourceVve||,including its agents and employees, will not
bemade aparty toaclaim for breach mfsuch agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
atlevels sufficient topay for the equipment, products, orservices tobepurchased; or
I. Federal, state, or provincial laws or regulations prohibit the purchase or change the
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2DO84C65EBCO
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
Maintenance and management of this Contract;
Timely response to all Sourcewell and Participating Entity inquiries; arr�
Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Z�ourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, performance issues, supply
issues, customer issues, and any other necessary information.
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
e Participating Entity Name (e.g., City of Staples Highway Department);
* Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
w"Participating Entity Contact Telephone Number;
•Sourcevve||Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
•5ourrexve||Administrative Fee Applied; and
• Date Purchase was invoiced/so|evvas recognized as revenue by Supplier.
oocuoignEnvelop |D:
B. ADM IN I STRATIVE FEE. In cons ide ration forth e support and services provided by Sourcewe I I,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must beincluded in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier's name and Sourcevve||'assignedcontract number inthe memo; and must be
mailed tothe address above "At n:AccountsReceivab|e"orrenni1tede|ectronica||yto
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must bereceived nolater than 45 calendar days after the end ofeach calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees,SourcevveU
reserves the right tocancel this Contract and rejectany proposal submitted bythe Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
Sourcewell's Authorized Representative is its Chief Procurement Officer,
Supplier's Authorized Representative is the person named in the Supplier's Proposal. If
Supplier's Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books records,
documents, and accounting procedures and practices relevant to this Contract are subject to
examination bySourcevve|| or the Minnesota State Auditor for a nmin|rnunn of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted bythat Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
000uaignEnvelope ID:
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract w
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by t
parties. I
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party. For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of the
respective businesses. This Contract does not create a partnership, joint venture, or any oth I
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any third party claims or causes of action,
including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any
negligent act or omission or willful misconduct in the performance of this Contract by the
Supplier or its agents or employees; this indemnification includes injury or death to person(s) or
property alleged to have been caused by some defect in the Equipment, Products, or Services
under this Contract to the extent the Equipment, Product, or Service has been used according
to its specifications. To the maximum extent permitted by law, in no event will Supplier be
liable under this Contract for consequential, incidental, or special damages, including without
limitation any lost opportunity damages or lost profits, or savings, loss of use, loss of data, or
downtime, even if it has been advised of their possible existence. Sourcewell's responsibility
and other applicable law.
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
.14i-i,vesota Statutes Qar)ter 13, as it applies to all data provided by or provided to SourcewoX
DocuQonEnvelope ID:
under this Contract and as it applies to all data created, collected, received, maintained, or
disseminated by the Supplier under this Contract.
1. Grant ufLicense. During the term ofthis Contract:
a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and
license to use the tradenoark(s) provided toSupplier bySourcexve|| in advertising and
promotional materials for the purpose of marketing 5ouroevve||'s relationship with
Supplier.
b. Supplier grants toSourcevve|| a royalty -free, worldwide, non-exclusive right and
license to use Supplier's trademarks in advertising and promotional materials for the
purpose ofmarketing Supplier's relationship with Snurcevve||.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party togrant sub|icensestotheir respective subsidiaries, distributors, dealers,
rese||ers, marketing representatives, and agents (collectively "Permitted Sub|icensees") in
advertising and promotional materials for the purpose of marketing the Parties' relationship
to Participating Entities. Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respectivesub|icensees.
3. Use; Quality Control.
a. Neither party may alter the other party's trademarks from the form provided
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's trademarks only in good faith and in a dignified manner consistent wii
such party's use of the trademarks. Upon written notice to the breaching party, th
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, includin
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, website,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispo
of it according to Sourcewell's written directions. I
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2D084C65EBC0
HOW �-WI
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
The substantive and procedural laws of the State of Minnesota will govern this Contract. T,,enue
For all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
Reither party to this Contract will be held respon7lw— --- m — u , UFTI —
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
if any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affect
by such determination or finding and must be fully performed. I
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
AWYE-Ou-imm-migut —11-P The SUA%lier will have 30 calendar claos to cure an outstandini issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
Rev.3/2022 10
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work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
l. Nonperformance ofcontractual requirements, or
2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquiclatei
or other damages. If the default remains after the opportunity for cure, the non -defaulting
° Exercise any remedy provided bvlaw orequity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 policy limit for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CGO001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
-com-,Pleted overations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
Doo monEnvompaKz
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
hired and non -owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintal
umbrella coverage over Employer's Liability, Commercial General Liability, anla
Minimum Limit
5. Profession al/Technical, Errors and Omissions, andlor Miscellaneous Professional
Liability. During the term of this Contract, Supplier will maintain coverage for all claims
the Supplier may become legally obligated to pay resulting from any actual or alleged
negligent act, error, or omission related to Supplier's professional services required
under this Contract.
6. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data — including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits;
$2,000,000 per occurrence
Failure of Supplier to maintain the required insurance will constitute a material breach entitli
Sourcewell to immediately terminate this Contract for default. I
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DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2DO84C65EBCO
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
6vw*f uired under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
It work" performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or enclorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
i-istirance or self-insurance in force for the additional insureds.
O. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier or its subcontractors. The waiver must apply to all
deductibles and/or self -insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must
require similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self -insured retention. I
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2DO84C65EBCO
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed
writing certain information to Sourcewell related to bankruptcy actions. If at any time clurin
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing. I
Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 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 FIR 12319,
12935, 3 C.F.R. §, 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. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference.
B. 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
"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
Rev.3/2022 14
oocueignEnvelope ID:
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
theCope|and"Anti'Kichback"Act(4OU.S.[.§]145),assupp|ennentedbyDepadrnentofLabor
regulations /29 C.F.R. § ], "Contractors and Subcontractors on Public Building orPublic Work
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 orreported violations tothe federal awarding agency. Supplier must bein
compliance with all applicable Davis -Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (4OU.6.[.§ 3701,3708).VVhene
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 C.F.R. § 5).
Under 4OU.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. This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by5ourcevve|| resulting from this procurement process, Supplier must
comply with applicable requirements asreferenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 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 of37C.F.R. §4O1,"Rights hoInventions Made bvNonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2D084C65EBC0
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTRO
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 requi
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 Pollutio
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).
Sy.�,Ali6r ce-i-Lifies that &ring t�e term if t�is C,#,Atwct %vill ctm�ly witX .2AA-Iic2�le rew.uiremeAVIL
referenced above. I
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 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 OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 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. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay 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. Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
Trom tier to tier up to the non-federal award. Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
1. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier
must 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.
Rev.3/2022 16
000uGignEnvelope ID:
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
K. ACCESS TDRECORDS (2C.F.R.§ 2OU.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Supplier that are directly pertinent to Supplier's discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Supplier's personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that
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. The requirements of Section 6002 include procuring only items designated
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 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 th
value of the quantity acquired during 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 materia
identified in the EPA guidelines. I
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre -approval.
this Contract or any purchase by a Participating Lntity ana is not suoject to I Aga
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
1. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services,
wourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2D084C65EBC0
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources
2nd support to individuals and organizations associated with terrorism.
Ci,. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES ON
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it
will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies
that during the term of this Contract will comply with applicable requirements of 2 C.F.R. §
200.322.
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier's
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
0"o9igned by:
S"M,�
By:E W06480,
Jeremy Schwartz
Title: Chief Procurement Officer
11/17/2022 1 3:50 PM CST
I
XW111MINIIII
By:EGoc�u$lgneff by:
'8i--D- I �E4 �348F�
James StaInaker
Title: National Accounts Sales Director
F11T-M-
11/17/2022 1 2:02 PM PST
Rev.3/2022 18
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2D084C65EBC0
111044"IRRIM
Doem"ned by,
By:E
• •.
Title: Executive Director/CE#
1111712022 1 6:54 PM CST
Rev.3/2022 19
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2D084C65EBC0
RFP 092222 i- Electrical Energy Power Generation Equipment witr
Related Parts, Supplies, and Services
Company Name:
Cummins Inc.
Does your company conduct
business under any other name? If
CSSNA
yes, please state:
500 Jackson Street
Address:
Columbus, Indiana 47201
Contact:
Kirk Adams
Email:
kirk.e.adams@cummins.com
Phone:
612-270-5540
Fax:
612-270-5540
HSTM
35-0267090
gm�r�
Created On:
Submitted On:
Submitted By:
Email:
Transaction M
Submitter's IP Address:
Friday August 05, 2022 13:41:52
Thursday September 22, 2022 is IF
Kirk Adams
kirk.e.adams@cummins.com
6�Ul a4 �, 1414 1 -44�i-c---ai-29--IV.k-92-,ta2e2 i
155.190.17.4
Bid Number: RFP 092222 Vendor Name: Cummins Inc.
oun aignEnvalopo|o:
additional documents to your response without also providing a substantive response. Do not leave answers DianK; respond A -
question does not apply to you (preferably with an explanation).
Line
Question
Item
1
Proposer Legal Name (one legal entity only):
Cummins Inc.
(in the event of award, will execute the
resulting contract as "Supplier")
2
Identify all subsidiary entities of the Proposer
Cummins Power Systems
whose equipment, products, or services are
Cummins Distribution Business
,Iincluded in the Proposal.
3
Identify all applicable assumed names or DBA
Cummins Sales and Service North America (CSSNA). Cummins Southern Plains
names of the Proposer or Proposer's
Power
4
Provide your CAGE code or Unique Entity
Cage Code OH229
5
Proposer Physical Address:
500 Jackson Street Box 3005 Columbus, IN 47201
6
Proposer website address (or addresses):
www.Cummins.com
7
Proposer's Authorized Representative (name,
James Stainaker
title, address, email address & phone) (The
National Accounts Sales Director
representative must have authority to sign
james.l.stainaker@cummins.com
the "Proposer's Assurance of Compliance" on
503-972-6609
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):
8
Proposer's primary contact for this proposal
Kirk Adams
(name, title, address, email address & phone):
Sales Executive
18008 82nd Ave North Maple Grove, MIN 55311
612-270-5540
9
Proposer's other contacts for this proposal, if
Jaime Ferguson
any (name, title, address, email address &
Account Manager - Government Sales
phone):
jamie.ferguson@cummins.com
Bid Number: RFPUA2222 Vendor Name: Cummins Inc.
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2D084C65EBC0
Table 2: Company Information and Financial Strength
Line
Item
Quesfion
Response,
10
Provide a brief history of your company,
Cummins Inc. Establish in 1919, is a 100 year old American multinational
including your company's core values,
corporation that designs, manufactures, and distributes engines, filtration, and power
business philosophy, and industry longevity
generation products. Headquartered in Columbus Indiana, Cummins has 14
related to the requested equipment, products
consecutive years on Ethisphere World's Most Ethical Companies list. Our mission
or services.
is "Making people's lives better by powering a more prosperous world." Our vision
is "Innovating for our customers to power their success".
Our values are as follows:
INTEGRITY - Doing what you say you will do and doing what is right
DIVERSITY AND INCLUSION - Valuing and including our differences in decision
making is our competitive advantage
CARING - Demonstrating awareness and consideration for the wellbeing of others
EXCELLENCE - Always delivering superior results
TEAMWORK - Collaborating across teams, functions, businesses and borders to
deliver the best work
11
What are your company's expectations in the
To work with Sourcewell to grow our sales to Sourcewell Members by providing
event of an award?
superior products and services at the best price.
12
Demonstrate your financial strength and
See attached 2021 Annual Report. Cummins ranks 149 in the S&P 500
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
13
What is your US market share for the
Approx 35-40% market share
solutions that you are proposing.
14
What is your Canadian market share for the
Approx 25% market share
solutions that you are proposing?
15
Has your business ever petitioned for
No
bankruptcy protection? If so, explain in detail.
16
How is your organization best described: is
Cummins is a vertically Integrated manufacturer that owns its sales distribution and
it a manufacturer, a distributor/dealer/reseller,
service network. Cummins Sales and Service operate across 200 + branch
or a service provider? Answer whichever
location in the US and Canada. Cummins is unique in our industry as we own our
question (either a) or b) just below) best
North American distribution. All other competitors sell through 3rd party independent
applies to your organization.
dealers and resellers. We believe by owning our distribution and service network
a) If your company is best described as
this gives Cummins a competitive advantage as our goal is to optimize and
a distributor/dealer/reseller (or similar entity),
standardize our network to deliver superior products and services to deliver a
provide your written authorization to act as a
superior customer experience across the US and Canada
distributor/dealer/reselier for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
17
If applicable, provide a detailed explanation
Cummins requires all field service technicians to be trained and certified through its
outlining the licenses and certifications that
internal training program. Technician levels are grades 1 thru 4 with 4 being the
are both required to be held, and actually
highest level certification.
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
18
Provide all "Suspension or Debarment"
None
information that has applied to your
organization during the past ten years.
Bid Number: RFP 092222 Vendor Name: Cummins Inc.
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2D084C65EBC0
Line
Item
Question
Response*
19
Describe any relevant industry awards or
Cummins' rank on Newsweek's list of America's Most Responsible Companies
recognition that your company has received
(2021)
in the past five years
Cummins received a perfect score for a 10th consecutive year in the Corporate
Equality Index awarded by the Human Rights Campaign. The group is the largest
U.S. civil rights organization for lesbian, gay, bisexual and transgender (LGBT)
employees.
Forbes magazine's list of the Top 25 Employers in America. The list was based on
a survey of more than 20,000 American workers at large U.S. firms or institutions.
Cummins was named one of the Top 50 Companies for Diversity by Diversity Inc
magazine for a ninth consecutive year. Cummins ranked 21st on the magazine's list.
20
What percentage of your sales are to the
Approx 50%
governmental sector in the past three years
21
What percentage of your sales are to the
Approx 25%
education sector in the past three years
22
List any state, provincial, or cooperative
Currently we have Sourcewell (Approx $5-6M annual sales), HGAC (Approx $500K
purchasing contracts that you hold. What is
annual sales. Equalis ($0 sales to date).
the annual sales volume for each of these
contracts over the past three years?
23
List any GSA contracts or Standing Offers
We are currently in process of resubmitting to GSA.
Wand Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
--years?
Table
4: References/Testimonials
Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Bid Number: RFP 092222 Vendor Name: Cummins Inc.
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2D084C65EBC0
Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity
. . . . . . . . . . �Lq,?XLgjj,&L wue dollar voluges from the Dast thre-1
.. . ...... ..........
Entity Name
Entity Type
State I
of Work
Scope'Years
Size of Transactions
Dollar Volume Past Three
Province
US Army
Government
District of
AAMPS (Advanced Medium
$ 1 M avg sale
$loom
Columbia - DC
Mobile Power Program)
US Airforce
-dovernment
District of
BEAR (Basic Expeditionary
$850,000 avg sale
$50 M
Columbia - DC
Airfield Resource)
Schools at all
Education
Alabama - AL
Approx 25% of Cummins Sales
$ 75k avg sale
$1 B
levels of
occur to Educational customers.
education in
all 50 states
and Canadian
Provinces
State Gov't in
Government
Alabama - AL
Approx 25% of Cummins Sales
$100K avg sale
$1 B
all 50 states
,occur to State Government entities
and Canada
Provinces
Non Profits in
Non -Profit
Alabama - AL
jApprox 10% of Cummins Sales
$ 50K avg sale
$50M
all 50 states
occur to Non -Profits
and Canadian
Provinces
Bid Number: RFP 092222 Vendor Name: Cummins Inc.
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2D084C65EBC0
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number
of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third
party), and any overlap between the sales and service functions.
Line Question Response*
Item
26 Sales force. Approx 350 Power Generation sales professionals, supported by Project Managers
and Service personnel
27 Dealer network or other distribution Cummins operates globally across 190 countries. In North America we conduct
methods. business as "Cummins Sales and Service Norther America (CSSNA). In North
America we have sales and service personnel operating across 230 branch and
parts distribution centers. We feel this gives us strategic control over inventories,
parts stocking, and deployments of service personnet that Is unique in our industry.
28 Service force. Approx 3400 certified technicians operating across 230 branch/parts/service centers.
Our goal is nothing short of service excellence. Service is critical to our business
model and that can only be achieved by 'continuous improvernI . This applies
from response times to parts or service deliveries. In short, doing what we say,
when we say, all the time.
FOUR POINTS OF THE SERVICE VALUE PROPOSITION
1. Repair Velocity — Enhance Uptime for the Customer. Extensive logistics network
provides the availability of parts necessary to deliver timely repairs
2. Repair Quality — Peace of Mind. Our extensive experience dedicated to the
Cummins products makes us the service experts. Best -in -class training programs for
technicians.
3. Service Excellence — Reliability and Consistency Predictive maintenance
solutions utilize data and analytics to preempt failures before they occur.
4. Service Innovation — Flexibility and Creativity. Technicians that remain onsite at
customers' places of business and are dedicated to specific customers- Bumper to
bumper service capabilities.
29 Describe the ordering process. If orders Orders will be handled by the local CSSNA sales team. The Sourcewell member
will be handled by distributors, dealers or need simply connect with the national account manager. The account manager will
others, explain the respective roles of the then reach out to the local sales to contact the member. The local sales rep will
Proposer and others. connect with the Sourcewell member and work with them on product configuration,
local codes and standards, application, commissioning and preventative maintenance
options.
30 Describe in detail the process and Cummins Sales and Service is committed to providing exceptional sales, service and
procedure of your customer service parks support and preventative maintenance programs for all Cummins engines,
program, if applicable. Include your generators, and related components. Staffed by Cummins trained and certified
response -time capabilities and professionals, our facilities provide 2417 emergency call -out service 365 days a year.
commitments, as well as any incentives Our promise is to deliver exceptional products, dependable service, and reliable
that help your providers meet your stated support, when and where you need it. Our goal is to keep your equipment on the
service goals or promises. job and operating at its peak efficiency. Please visit our locations page
(hffps:Hsalesandservice.cummins.com/locations)
31 Describe your ability and willingness to 100% Our goal is keep you equipment operating at peak efficiency.
,provide your products and services to
'Sourcewell participating entities in the
'United States.
32 Describe your ability and willingness to 100%®- Our goal is keep you equipment operating at peak efficiency,
provide your products and services to
Sourcewell participating entities in Canada.
33 Identify any geographic areas of the United None.
States or Canada that you will NOT be
fully serving through the proposed contract.
34 Identify any Sourcewell participating entity None
sectors (i.e., government, education, not -for -
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
35 Define any specific contract requirements None
or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
Bid Number: RFP 092222 Vendor Name: Cummins Inc.
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2D084C65EBC0
Table 7: Marketing Plan
36 Describe your marketing strategy for
Sourcewell members are our customers. The difference is that we have historically
promoting this contract opportunity.
followed the bidispec process required by state low or policy, We educate and promote
Upload representative samples of your
Sourcewell to our regional sales teams as a stream -lined process for these existing
marketing materials (if applicable) in
customers. Enclosed is a sample presentation that we have been presenting quarterly to
the document upload section of your
educate our regional sales teams since 2020.
response.
37 Describe your use of technology and
Cummins uses several different types of digital medium.
digital data (e.g., social media,
1.) CRM - Salesforce based - used to track all customer contact, quotations, orders,
metaclata usage) to enhance
project status, billing etc. It is how we track all Sourcewell member projects.
marketing effectiveness.
2.) Landing Page - # of hits, indication if our market messagelstrategy is working.
3.) Cummins Web Page - free access to Technical documentation (PowerSulte) and
Application/Technical Seminars (PowerHour))
4.) WWW.Cummins,com
A free, industry leading online tool for power system product sizing and
specification generation
Targeted Digital - Heatthcare/Data Centers/Education/Government
Lending Pages - Market specific targeting
Flyers - Product Brochures, White papers on application
Branch Signage - Local advertising
Internal Communication - Focused meetings on specific markets and customers
Trade Shows
38 In your view, what is Sourcewell's role
The Sourcewell material is excellent in communicating advantages to members.
in promoting contracts arising out of
'We simply use that material to educate and inform our own sales force on the advantage
this RFP? How will you integrate a
to end users. We have also participated in regional events and to learn more about
Sourcewell-awarded contract into your
sales process?
Sourcewell and its members.
Customer / Project Tracking - Cummins requires all customer projects be logged into our
CRIVI (SalesForce). We established a tracking mechanism for all Sourcewell quotations /
projects. We also require all Sourcewell projects to have specific naming convention as a
secondary process check. The CRIVI tracks from quote to win -loss to project status
through closure.
39 Are your products or services
We use and support several different procurement portals such as Ariba, Oracle, etc
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.
I
Table 8: Value -Added Attributes
Bid Number: RFIP 092222 Vendor Name: Cummins Inc.
DocuSign Envelope ID: AB4A7D23-45D6-4C40-934E-2D084C65EBC0
40 Describe any product, equipment,
Cummins offers a excellent technical platform that is free to all customers (see below). In
maintenance, or operator training
addition, we offer fee based hands-on Preventative Maintenance training to customers that
programs that you offer to
can be tailored to their needs.
Sourcewell participating entities.
Any customer can 1-800-Cummins for service or tech support.
Include details, such as whether
In addition, there are free online technical resources available to any customer. These
training is standard or optional,
include both live and pre-recorded session such as:
who provides training, and any
PowerHour: topic examples
costs that apply.
Features of Generator Set Control Based Paralleling
NFPA 110 Time to Readiness
NEC Code Changes for Emergency Power Systems
Specifying Gaseous Generator Sets
Introduction to Generator Set Sizing Software
Emissions and Air Permitting for Emergency Generator Sets
Transfer Switch Operation and Application
Paralleling Solutions
Generator Set Overcurrent Protection
Power Ratings for Emergency Generator Sets
Importance and Benefit of Selective Coordination
To access the recorded webinars on -demand and download presentations, visit
www.Cummins.com. Also, anyone can subscribe to receive PowerHour invitations.
Power Suite TM offers the following tools and resources
GenSize TM - Sizing tool to optimize generator sizing and load profile recommendations
GenCalcTM - Tools to calculate a range of project parameters including ventilation, short
circuit, exhaust pressure, remote cooling and fuel pipe sizing
GenSpeCTM - Specification development tool to provide a sample
specifications for North American and European based applications for Generator Set, ATS
and Paralleling applications
Tech Library - Technical catalog consisting of specification sheets, data sheets, and
drawings for Generator sets, ATS, Remote Monitoring, Networking and Paralleling applications
Accredited Continuing Education - Programs that offer educational
seminars and webinars to grow your technology and fulfill your
continuing professional development requirements
41 IDescribe any technological
Cummins is a world leader in emissions technology, was the first to introduce micro -
!advances that your proposed
processor based genset controls and it's ATS products have the highest interrupt ratings in
'products or services offer.
the industry.
Our sales and service personnel are trained and certified to ensure customers receive
professional care.
42 Describe any "green" initiatives
Cummins is committed to its Planet 2050 Zero Emissions Strategy. The following are 2030
that relate to your company or to
goal to help achieve that strategy:
your products or services, and
include a list of the certifying
Reduce absolute greenhouse gas (GHG) emissions from facilities and operations by 50%.
agency for each.
Reduce scope 3 absolute lifetime GHG emissions from newly sold products by 25%.
Partner with customers to reduce scope 3 GHG emissions from products in the field by 55
million metric tons.
Reduce volatile organic compounds emissions from paint and coating operations by 50%.
Create a circular lifecycle plan for every part to use less, use better, use again.
Generate 25% less waste in facilities and operations as percent of revenue.
Reuse or responsibly recycle 100% of packaging plastics and eliminate single -use plastics
in dining facilities, employee amenities and events,
Reduce absolute water consumption in facilities and operations by 30%.
Identify any third -party issued eco-
There are two key certifying entities that are important to our industry and our customers.
labels, ratings or certifications that
EPA and UL. All Cummins products are EPA certified for emissions compliance. All
your company has received for
products are also UL Listed and tested
the equipment or products
In addition, Cummins has been named one of the world's top 100 organizations innovating
included in your Proposal related
for a better environmental future based on a review of the company's "Green Patent
to energy efficiency or
Portfolio."
conservation, life -cycle design
The ranking in Sagacious IP's GREEN100 Index follows Cummins' record year for global
(cradle -to -cradle), or other
patents of all types in 2020. The company received 312 global patents that year, topping its
green/sustainability factors.
previous record of 287 reached in 2017. That's a nearly 9% improvement over Cummins'
previous record and a more than 12% increase over 2019.
Bid Number: RFP 092222 Vendor Name: Cummins Inc.
oocumonEnvelope ID:
44 Describe any Women or Minority
In concert with the Women's Business Enterprise National Council (WBENC), Cummins is
Business Entity (WMBE), Small
proud to be inctuded on the 20th annual list of America's Top Corporations for Women's
Business Entity (SBE), or veteran
Business Enterprises (WBEs), the only national award honoring corporations for world -class
owned business certifications that
supplier diversity programs that reduce barriers and drive growth for women -owned
your company or hub partners
businesses. As the only national award honoring corporations who choose to incorporate
have obtained. Upload
policies and programs to enable growth and reduce barriers for women -owned businesses,
documentation of certification (as
Cummins is committed to increasing opportunity in markets both domestically and
applicable) in the document
internationally, fueling innovation and empowering communities through economic growth and
upload section of your response.
job creation. WBENC is the largest third -party certifier of businesses owned, controlled,
and operated by women in the United States.
45 'What unique aftdbutes does your
Cummins is a well known supplier to most Sourcewell members. Cummins is unique in
company, your products, or your
that it owns its North American distributors. Which means members are dealing with
services offer to Sourcewell
Cummins Inc and not a 3rd party dealer or LLC. This gives Cummins direct control over
participating entities? What makes
is sales and service organizations. We feel this is a tremendous advantage to Sourcewell
your proposed solutions unique in
members
your industry as it applies to
Sourcewell participating entities?
Table 9: Warranty
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below. I
Bid Number: RFPOQ2222 Vendor Name: Cummins Inc.
000 Signenvmmp*|o:
7ableiQ:
Payment Terms and Financing Options
Line
Item
Question Response*
53
Describe your payment terms and accepted payment Net 30 days. Standard commercial purchase order and invoice
54
Describe any leasing or financing options available for use None at this time
by educational or governmental entities.
55
Describe any standard transaction documents that you We would provide a commercial quotation in accordance with
propose to use in connection with an awarded contract Sourcewell contract terms. If requested we could also provide a
(order forms, terms and conditions, service level Preventative Maintenance agreement based upon customer
agreements, etc.). Upload a sample of each (as application/needs
applicable) in the document upload section of your
Do you accept the P-card procurement and payment Yes, we accept P-card and there is no fee.
process? If so, is there any additional cost to Sourcewell
participating entities for using this process?
Table 11:
Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind thatreasonable price and product adjustments can
be made during the term of an awarded Contract as described in
the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
Line Question
Item
Response*
57 Describe your pricing model (e.g., line -item discounts or
Cummins has eliminated MSRP and List pricing for Commercial
product -category discounts). Provide detailed pricing data
products. What we propose is a cost plus fixed mark-up on all
(including standard or list pricing and the Sourcewell
Cummins content. In essence, instead of going from MSRP with a
discounted price) on all of the items that you want
discount to achieve a target margin. We go from cost to achieve
Sourcewell to consider as part of your RFP response. If
the target margin.
applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
58 Quantify the pricing discount represented by the pricing
Cummins will offer a member price that is approx 6% below Fair
proposal in this response. For example, if the pricing in
Market Value. The sales person will be allowed to go lower than
your response represents a percentage discount from
that price if required.
MSRP or list, state the percentage or percentage range.
59 Describe any quantity or volume discounts or rebate
None. Most transactions are one-off product or project
programs that you offer.
60 Propose a method of facilitating "sourced" products or
All Cummins pricing is based upon a target margin from cost (cost
related services, which may be referred to as "open
plus). We would maintain that target margin on all Cummins
market" items or "nonstandard options". For example, you
content. We would also offer discounts on any service requested.
may supply such items "at cosf' or "at cost plus a
percentage," or you may supply a quote for each such
61 Identify any element of the total cost of acquisition that is
Our quotation would include all required items, less installation, that
NOT included in the pricing submitted with your response.
are required to fulfill the project requirements. Itemized pricing is
This includes all additional charges associated with a
available so that all product and services quoted are accounted for
purchase that are not directly identified as freight or
and open for review/discussion.
shipping charges. For example, list costs for items like pre -
delivery inspection, installation, set up, mandatory training,
or initial inspection. Identify any parties that impose such
costs and their relationship to the Proposer.
62 If freight, delivery, or shipping is an additional cost to the
Cummins quote if based upon FOB factory with Freight allowed to
Sourcewell participating entity, describe in detail the
first point of destination in the contiguous 48 states. There may be
complete freight, shipping, and delivery program.
potential freight charges on 3rd party content, if required.
63 Specifically describe freight, shipping, and delivery terms or
Freight is allowed to the first destination in the contiguous 48
programs available for Alaska, Hawaii, Canada, or any
states. There would be additional cost for any offshore deliveries.
offshore delivery.
We could coordinate shipment or the customer could use their own
freight forwarder. There would be no freight charge to the first port
in the contiguous US.
64 IDescribe any unique Jistribution and/or delivery methods or
While none are offered in the proposal, we do have freight options
,options offered in your proposal.
for additional cost. Dedicated truck, tandem drivers, etc
Bid Number: RFPUQ222 Vendor Name: Cummins Inc.
oocuignEnvelope ID:
c. better than the Proposer cooperative -- o�an�aUon�.nra��pu�haomn— Sv"�ewe members would
departments. typically!|�cnwo 6%mwe, Drices than Fair market value
69 i Provide a detailed description of the All commercial generator products diesel and natural gas/propane from 10kw to
equipment, products, and services that you 3.5MW. and Automatic Transfer Switches (ATS) 40 amps to 4000 amps. ese
are offering in your proposal. are shown by model # on the pricing sheets
70 %4iihin this RFP category there may be Sub categories are parts, accessories, Eng-to-Order solutions. See price sheets
subcategories of solutions. List subcategory
titles that best describe your products and
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additiona
comments in the text box provided, as necessary. I
Bid Number: RFpO02222 Vendor Name: Cummins Inc.
~ ounumnnEnvelope ID:
only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcevvell have been
incorporated into the contract text.
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to
ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed
by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
I- If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the
zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding
to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
f!dft - Sourcewell final pricing submission.pdf - Tuesday September 20, 2022 11:21:31
WMBE/MBE/SBE or Related Certificates - Awards.PNG - Monday August 29, 2022 15:02:03
Warral Warranty - Commercial Generators.pdf - Monday August 29, 2022 14:49:07
* Standard Transg_q. Sample - Sourcewell Project Tracking xlsx - Thursday September 22, 2022 08:51:01
# Qp10)ad—Ad.difio.naL1Qqqqffl01A - PowerSuite and Power Hour - On line tech training and documentation. pdf - Thursday September
Bid Number: IRFP 092222 Vendor Name: Cummins Inc.
ooc munEnvowpouD:
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: j2
2. Included on the government -wide exclusions lists in the United States System for Award Managementfound at:
Li tt
ws
;or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP002222 Vendor Name: Cummins Inc.
� | o�umo Envelope ID:
" bythe State ofMinnesota; the United States federal government orthe Canadian government, anapplicable; orany
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related tothe subject matter ofthis solicitation.
I By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this
had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic
iignature or electronic record was used in its formation. - Kirk Adams, Sr. Account Executive — National Accounts, Cummins Inc. (dba
Cummins Sales and Service North America)
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
I have reviewed the
File Name
below addendum and ages
attachments (if
Addendum-2
Wed Augustu1 202207:52mw
Addendum 1_E|ectnoaLEnwrgy_Power_Gnmpratipn_Equipmwnt—RFpLo92222
Wed August 1O2U2211:usAw
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Bid Number: RFPUQ2222 Vendor Name: Cummins Inc.