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APPENDIX A VENDOR CONTRACT AND SIGNATURE FORM

This Vendor Contract and Signature Form (“Contract”) is made as of __________, by and between (“Vendor”) and Region 4 Education Service Center (“Region 4 ESC”) for the purchase of Commercial Floor Coverings (“the products and services”).

RECITALS

WHEREAS, both parties agree and understand that the following pages will constitute the contract between the successful vendor(s) and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092. WHEREAS, Vendor agrees to include, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations will be incorporated into the final contract “Vendor Contract.”

WHEREAS, this contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control. WHEREAS, the Vendor Contract will provide that any state, county, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution (including community colleges, colleges and universities, both public and private), other government agencies or non-profit organization may purchase products and services at prices indicated in the Vendor Contract upon registering and becoming a member with TCPN; and it being further understood that Region 4 ESC shall act as the Lead Public Agency with respect to all such purchase agreements. WHEREAS, TCPN has the administrative and legal capacity to administer purchases on behalf of Region 4 ESC under the Vendor Contract with participating public agencies and entities, as permitted by applicable law.

ARTICLE 1- GENERAL TERMS AND CONDITIONS

1.1 TCPN shall be afforded all of the rights, privileges and indemnifications afforded to Region 4 ESC under the Vendor Contract, and such rights, privileges and indemnifications shall accrue and apply with equal effect to TCPN, including, without limitation, Vendors obligation to provide insurance and other indemnifications to Lead Public Agency.

1.2 Awarded vendor shall perform all duties, responsibilities and obligations, set forth in this agreement, and required under the Vendor Contract.

1.3 TCPN shall perform its duties, responsibilities and obligations as administrator of purchases, set forth in this agreement, and required under the Vendor Contract.

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1.4 Purchasing procedure: • Purchase orders are issued by participating governmental agencies to the awarded vendor

indicating on the PO “Per TCPN Contract.” • Vendor delivers goods/services directly to the participating agency. • Awarded vendor invoices the participating agency directly. • Awarded vendor receives payment directly from the participating agency. • Awarded vendor reports sales monthly to TCPN.

1.5 Customer Support: The vendor shall provide timely and accurate technical advice and sales

support to Region 4 ESC staff, TCPN staff and participating agencies. The vendor shall respond to such requests within one (1) working day after receipt of the request.

ARTICLE 2- ANTICIPATED TERM OF AGREEMENT

2.1 Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew annually for an additional two (2) years if agreed to by Region 4 ESC. Region 4 ESC will notify the vendor in writing if the contract is extended. Awarded vendor shall honor all administrative fees for any sales made based on the contact whether renewed or not.

2.2 Region 4 ESC shall review the contract prior to the renewal date and notify the current awarded vendor, no less than ninety (90) days of Region 4 ESC’s intent renew the contract. Upon receipt of notice, awarded vendor must notify Region 4 ESC if it elects not to renew. Awarded vendor shall honor the administrative fee for any sales incurred throughout the life of the contract on any sales made based on a Region 4 ESC contract whether awarded a renewal or not. Region 4 ESC reserves the right to exercise each two-year extension annually.

ARTICLE 3- REPRESENTATIONS AND COVENANTS

3.1. Scope: This contract is based on the need to provide the economic benefits of volume

purchasing and reduction in administrative costs through cooperative purchasing to schools and other members. Although contractors may restrict sales to certain public units (for example, state agencies or local government units), any contract that prohibits sales from being made to public school districts may not be considered. Sales without restriction to any Members are preferred.

3.2. Compliance: Cooperative Purchasing Agreements between TCPN and its Members have been established under state procurement law.

3.3. Offeror’s Promise: Offeror agrees all prices, terms, warranties, and benefits granted by Offeror to Members through this contract are comparable to or better than the equivalent terms offered by Offeror to any present customer meeting the same qualifications or requirements.

ARTICLE 4- FORMATION OF CONTRACT

4.1. Offeror Contract Documents: Region 4 ESC will review proposed offeror contract documents.

Vendor’s contract document shall not become part of Region 4 ESC’s contract with vendor unless and until an authorized representative of Region 4 ESC reviews and approves it.

4.2. Form of Contract: The form of contract for this solicitation shall be the Request for Proposal, the awarded proposal(s) and best and final offer(s), and properly issued and reviewed purchase

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orders referencing the requirements of the Request for Proposals. If a firm submitting an offer requires Region 4 ESC and/or Member to sign an additional agreement, a copy of the proposed agreement must be included with the proposal.

4.3. Entire Agreement (Parol evidence): The contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable.

4.4. Assignment of Contract: No assignment of contract may be made without the prior written approval of Region 4 ESC. Purchase orders and payment can only be made to awarded vendor unless otherwise approved by Region 4 ESC. Awarded vendor is required to notify Region 4 ESC when any material change in operations is made that may adversely affect members, (i.e. bankruptcy, change of ownership, merger, etc.)

4.5. Novation: If contractor sells or transfers all assets or the entire portion of the assets used to

perform this contract, a successor in interest must guarantee to perform all obligations under this contract. Region 4 ESC reserves the right to accept or reject any new party. A simple change of name agreement will not change the contractual obligations of contractor.

4.6. Contract Alterations: No alterations to the terms of this contract shall be valid or binding unless

authorized and signed by a Region 4 ESC staff member.

4.7. Order of Precedence: In the event of a conflict in the provisions of the contract as accepted by Region 4 ESC, the following order of precedence shall prevail:

• Special terms and conditions • General terms and conditions • Specifications and scope of work • Attachments and exhibits • Documents referenced or included in the solicitation

4.8 Supplemental Agreements: The entity participating in the Region 4 ESC contract and awarded

vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. Neither Region 4 ESC, TCPN, its agents, members and employees shall be made party to any claim for breach of such agreement.

ARTICLE 5- TERMINATION OF CONTRACT

5.1. Cancellation for Non-Performance or Contractor Deficiency: Region 4 ESC may terminate any contract if Members have not used the contract, or if purchase volume is determined to be low volume in any 12-month period. Region 4 ESC reserves the right to cancel the whole or any part of this contract due to failure by contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to contractor for acting or failing to act in any of the following:

i. Providing material that does not meet the specifications of the contract; ii. Providing work and/or material that was not awarded under the contract; iii. Failing to adequately perform the services set forth in the scope of work and

specifications;

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iv. Failing to complete required work or furnish required materials within a reasonable amount of time;

v. Failing to make progress in performance of the contract and/or giving Region 4 ESC reason to believe that contractor will not or cannot perform the requirements of the contract; and/or

vi. Performing work or providing services under the contract prior to receiving a Region 4 ESC reviewed purchase order for such work.

Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by contractor under the contract shall become the property of the Member on demand.

5.2 Termination for Cause: If, for any reason, the Vendor fails to fulfill its obligation in a timely

manner, or if the vendor violates any of the covenants, agreements, or stipulations of this contract Region 4 ESC reserves the right to terminate the contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the vendor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by vendor for this solicitation may become the property of the participating agency or entity. If such event does occur then vendor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents.

5.3 Delivery/Service Failures: Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the contract to be terminated. In the event that the participating agency or entity must purchase in an open market, contractor agrees to reimburse the participating agency or entity, within a reasonable time period, for all expenses incurred.

5.4 Force Majeure: If by reason of Force Majeure, either party hereto shall be rendered unable

wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.

5.5 Standard Cancellation: Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of

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final purchase order. Vendor may be requested to provide additional items not already on contract at any time.

ARTICLE 6- LICENSES

6.1 Duty to keep current license: Vendor shall maintain in current status all federal, state and local

licenses, bonds and permits required for the operation of the business conducted by vendor. Vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the contract. Region 4 ESC reserves the right to stop work and/or cancel the contract of any vendor whose license(s) expire, lapse, are suspended or terminated.

6.2 Survival Clause: All applicable software license agreements, warranties or service agreements that were entered into between Vendor and Customer under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Order Fulfiller shall survive expiration or termination of the Contract.

ARTICLE 7- DELIVERY PROVISIONS

7.1 Delivery: Vendor shall deliver said materials purchased on this contract to the Member issuing a Purchase Order. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period the vendor must receive authorization from the purchasing agency for the delayed delivery. At this point the participating entity may cancel the order if estimated shipping time is not acceptable.

7.2 Inspection & Acceptance: If defective or incorrect material is delivered, purchasing agency may make the determination to return the material to the vendor at no cost to the purchasing agency. The vendor agrees to pay all shipping costs for the return shipment. Vendor shall be responsible for arranging the return of the defective or incorrect material.

ARTICLE 8- BILLING AND REPORTING

8.1 Payments: The entity using the contract will make payments directly to the awarded vendor. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice.

8.2 Invoices: The awarded vendor shall submit invoices to the participating entity clearly stating “Per TCPN Contract”. The shipment tracking number or pertinent information for verification shall be made available upon request.

8.3 Tax Exempt Status: Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

8.4 Reporting: The awarded vendor shall electronically provide TCPN with a detailed monthly report showing the dollar volume of all sales under the contract for the previous month. Reports shall be sent via e-mail to TCPN offices at reporting@tcpn.org. Reports are due on the fifteenth (15th) day after the close of the previous month. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating Members and submit one (1) report. The report shall include at least the following information as listed in the example below:

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ARTICLE 9- PRICING

9.1 Best price guarantee: The awarded vendor agrees to provide pricing to Region 4 ESC and its participating entities that are the lowest pricing available and the pricing shall remain so throughout the duration of the contract. The awarded vendor agrees to lower the cost of any product purchased through TCPN following a reduction in the manufacturer or publisher's direct cost.

9.2 Price increase: Should it become necessary or proper during the term of this contract to make any change in design or any alterations that will increase expense Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the contract, shall be paid without prior approval. All price increases must be supported by manufacture documentation, or a formal cost justification letter.

Awarded vendor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC if requested.

It is the awarded vendor’s responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was accepted in the original contract.

9.3 Additional Charges: All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing.

9.4 Price reduction and adjustment: Price reduction may be offered at any time during contract and shall become effective upon notice of acceptance from Region 4 ESC. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all Members equally; 2) reduction is for a specific time period, normally not less than thirty (30) days; 3) original price is not exceeded after the time-limit; and 4) Region 4 ESC has approved the new prices prior to any offer of the prices to a Member. Vendor shall offer Region 4 ESC any published price reduction during the contract period.

9.5 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser (Region 4 ESC or its Members). It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.

9.6 Administrative Fees: All pricing submitted to Region 4 ESC shall include the administrative fee to be remitted to TCPN by the awarded vendor.

Vendor Name TCPN Report Month of _____________

Entity Name Zip Code State PO or Job# Sale Amount

Total

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The awarded vendor agrees to pay an administrative fee of three (3%) percent to TCPN as calculated as follows: (Sales will be calculated for fiscal year of January 1st through December 31st and reset each year)

ARTICLE 10- PRICING AUDIT

10.1 Audit rights: Vendor shall, at Vendor’s sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Agreement. TCPN and Region 4 ESC each reserve the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In the State of New Jersey, this audit right shall survive termination of this Agreement for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. Region 4 ESC shall have the authority to conduct random audits of Vendor’s pricing that is offered to eligible entities at Region 4 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered to eligible agencies that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Vendor’s pricing at Vendor’s sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third-party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC or TCPN.

ARTICLE 11- OFFEROR PRODUCT LINE REQUIREMENTS

11.1 Current products: Proposals shall be for materials and equipment in current production and marketed to the general public and education/government agencies at the time the proposal is submitted.

11.2 Discontinued products: If a product or model is discontinued by the manufacturer, vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.

11.3 New products/Services: New products and/or services that meet the scope of work may be added to the contract. Pricing shall be equivalent to the percentage discount for other products. Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause.

11.4 Options: Optional equipment for products under contract may be added to the contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.

11.5 Product line: Offerors with a published catalog may submit the entire catalog. Region 4 ESC reserves the right to select products within the catalog for award without having to award all contents. Region 4 ESC may reject any addition of equipment options without cause.

11.6 Warranty conditions: All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.

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11.7 Buy American requirement: (for New Jersey and all other applicable States) Vendors may only use unmanufactured construction material mined or produced in the United States, as required by the Buy American Act. Where trade agreements apply, to the extent permitted by applicable law, then unmanufactured construction material mined or produced in a designated country may also be used. Vendors are required to check state specific requirements to ensure compliance with this requirement.

ARTICLE 12- SITE REQUIREMENTS

12.1 Cleanup: Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by Member. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition.

12.2 Preparation: Vendor shall not begin a project for which Member has not prepared the site, unless vendor does the preparation work at no cost, or until Member includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements.

12.3 Registered sex offender restrictions: For work to be performed at schools, vendor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the Member’s discretion. Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.

12.4 Safety measures: Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Vendor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

12.5 Smoking: Persons working under the contract shall adhere to local smoking policies. Smoking will only be permitted in posted areas or off premises.

12.6 Stored materials: Upon prior written agreement between the vendor and Member, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Member prior to payment. Such materials must be stored and protected in a secure location, and be insured for their full value by the vendor against loss and damage. Vendor agrees to provide proof of coverage and/or addition of Member as an additional insured upon Member’s request. Additionally, if stored offsite, the materials must also be clearly identified as property of buying Member and be separated from other materials. Member must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary.

Until final acceptance by the Member, it shall be the Vendor's responsibility to protect all materials and equipment. The Vendor warrants and guarantees that title for all work, materials and equipment shall pass to the Member upon final acceptance.

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ARTICLE 13- MISCELLANEOUS

13.1 Funding Out Clause: Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions: “Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.”

13.2 Disclosures: Offeror affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. Include a complete description of any and all relationships that might be considered a conflict of interest in doing business with participants in TCPN. The Offeror affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.

13.3 Indemnity: The awarded vendor shall protect, indemnify, and hold harmless both Region 4 ESC and TCPN and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract, including any supplemental agreements with members. Any litigation involving either Region 4 ESC or TCPN, its administrators and employees and agents will be in Harris County, Texas. Any litigation involving TCPN members shall be in the jurisdiction of the participating agency.

13.4 Franchise Tax: The Offeror hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.

13.5 Marketing: Awarded vendor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this contract by awarded vendor must have prior approval from Region 4 ESC.

13.6 Certificates of Insurance: Certificates of insurance shall be delivered to the Region 4 ESC participant prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified.

13.7 Legal Obligations: It is the Offeror’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein.

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13.8 Open Records Policy: Because Region 4 ESC contracts are awarded by a governmental entity,

responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, the Offeror must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Offeror must provide this information on the “Acknowledgement and Acceptance to Region 4 ESC’s Open Record Policy” form found at the beginning of this solicitation. Any information that is unmarked will be considered public information and released, if requested under the Public Information Act.

The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Offeror are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

After completion of award, these documents will be available for public inspection.

[Remainder of Page Intentionally Left Blank- Signatures follow on Signature Form]

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Appendix D: GENERAL TERMS & CONDITIONS ACCEPTANCE FORM

Signature on Vendor Contract Signature form certifies complete acceptance of the General Terms and Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the General Terms and Conditions:

We take no exceptions/deviations to the general terms and conditions

(Note: If none are listed below, it is understood that no exceptions/deviations are taken.)

X We take the following exceptions/deviations to the general terms and conditions. All exceptions/deviations must be clearly explained. Reference the corresponding general terms and conditions that you are taking exceptions/deviations to. Clearly state if you are adding additional terms and conditions to the general terms and conditions. Provide details on your exceptions/deviations below: Tandus Flooring is submitting the attached “redline” items for discussion. Tandus believes that these items may be worked out to the satisfaction of both parties.

(Note: Unacceptable exceptions shall remove your proposal from consideration for award. Region 4 ESC shall be the sole judge on the acceptance of exceptions/deviations and the decision shall be final.)

World Headquarters 706-259-9711 311 Smith Industrial Blvd. tandus.com Dalton, Georgia 30721

TCPN – THE COOPERATIVE PURCHASING NETWORK

Request for Proposal (RFP) by

Region 4 Education Service Center (“ESC”) for

Commercial Floor Coverings

SOLICITATION NUMBER 13-04 EXCEPTIONS SHEET

Page # Section/

Paragraph Original Text Revised Text Explanation

20 of 70 7.1 Delivery Conforming product shall be shipped within 7 days of receipt of Purchase Order.

Conforming standard running line product shall be shipped within 4-6 weeks 7 days of receipt of valid Purchase Order. Conforming products that fall under Vendor’s Express Ship Program will be shipped within 7-10 business days of receipt of a valid Purchase Order.

Standard lead time for production of standard running line products is four (4) to six (6) weeks from receipt of a valid purchase order to the time of shipment. Tandus Flooring has a selection of specific products and colors available through its Express Ship Program for orders up to 1500 square yards available to ship in 7-10 business days from receipt of valid purchase order.

21 of 70 9.3 Additional Charges

All deliveries shall be freight prepaid, F.O.B. destination and shall be included in the pricing offered unless otherwise clearly stated in writing.

All deliveries shall be freight prepaid, F.O.B. destination and shall be included in the pricing offered unless otherwise clearly stated in writing. Title and Risk of loss shall pass to the Member upon transfer to the freight carrier. Vendor shall promptly replace damaged or lost material occurring during transit and ship the replacement order as expeditiously as possible at no cost to the Member. Vendor shall file any claims with the carrier on behalf of the Member for any prepaid shipments.

Vendor will stand behind delivery of its materials to customers and will work hand-in-hand with the customer and carrier to make sure quality material is delivered to customer.

World Headquarters 706-259-9711 311 Smith Industrial Blvd. tandus.com Dalton, Georgia 30721

Page # Section/ Paragraph Original Text Revised Text Explanation

23 of 70 12.6, Paragraph 1

Upon prior written agreement between the vendor and Member, payment may be made for materials net incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date.

Upon prior written agreement between the vendor and Member, payment may be made for materials which have not been shipped and are net incorporated in the work but delivered and suitably stored at the Vendor’s site or some other location, for installation at a later date.

Clarification of materials storage.

23 of 70 12.6, Paragraph 2

The Vendor warrants and guarantees that title for all work, materials and equipment shall pass to the Member upon final acceptance.

The Vendor warrants and guarantees that title for all work, materials and equipment shall pass to the Member upon final acceptance.

See Revised Text to page 21 of 70 Exception above.

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Appendix E: QUESTIONNAIRE

Please provide responses to the following questions that address your company’s operations, organization, structure and processes for providing products and services.

1. States Covered Offeror must indicate any and all states where products and services can be offered. Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below) Freight costs included in pricing is based on continental US rates. Additional freight costs will apply to areas outside the borders of the United States.

All U.S. Territories & Outlying Areas (Selecting this box is equal to checking all boxes below) Product pricing and freight costs for these locations to be quoted on a project to project basis.

Alabama Montana Alaska Nebraska

Arizona Nevada Arkansas New Hampshire California New Jersey Colorado New Mexico Connecticut New York Delaware District of Columbia

North Carolina North Dakota

Florida Ohio Georgia Oklahoma Hawaii Oregon Idaho Pennsylvania Illinois Rhode Island Indiana South Carolina Iowa South Dakota Kansas Tennessee Kentucky Texas Louisiana Utah Maine Vermont Maryland Virginia Massachusetts Washington Michigan West Virginia Minnesota Wisconsin Mississippi Missouri

Wyoming

American Samoa Northern Marina Islands Federated States of Micronesia Puerto Rico

Guam U.S. Virgin Islands Midway Islands

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2. Minority and Women Business Enterprise (MWBE) and (HUB) Participation

It is the policy of some entities participating in TCPN to involve minority and women business enterprises (MWBE) and historically utilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an MWBE or HUB certified.

a. Minority/Women Business Enterprise Respondent certifies that this firm is an M/WBE Yes No

b. Historically Underutilized Businesses Respondent certifies that this firm is a HUB Yes No

3. Residency Responding Company’s principal place of business is in the city of _Dalton___State of _GA__.

4. Felony Conviction Notice

Please check applicable box:

A publicly held corporation; therefore, this reporting requirement is not applicable.

Is not owned or operated by anyone who has been convicted of a felony.

Is owned or operated by the following individual(s) who has/have been convicted of a felony.

*If the 3rd box is checked a detailed explanation of the names and convictions must be attached.

5. Processing Information

Company contact for:

Contract Management Contact Person: _Teresa Derr_______________________________

Title: __Contract Administrator_______________________________

Company: _Tandus Flooring US LLC__________________________

Address: _311 Smith Industrial Blvd___________________________

City: _Dalton____________ State: _GA____________ Zip: 30721

Phone: 706-259-2054 Fax: 706-259-2657

Email: tderr@tandus.com

Billing & Reporting/Accounts Payable

Contact Person: __Carla McGill______________________________

Title: __Admin Assistant to Financial Reporting__________________

Company: _Tandus Flooring US LLC__________________________

Address: 1735 Cleveland Hwy________________________________

City: _Dalton______________ State: __GA___________ Zip: 30721

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Phone: 706-259-2668 Fax: 706-259-2184

Email: cmcgill@tandus.com

Marketing

Contact Person: _Tom Ellis__________________________________

Title: _Director of Marketing__________________________________

Company: __Tandus Flooring US LLC__________________________

Address: _311 Smith Industrial Blvd____________________________

City: Dalton_____________ State: _GA____________ Zip: 30721

Phone: 706-259-9711 Fax: 706-259-2179

Email: tellis@tandus.com

6. Distribution Channel: Which best describes your company’s position in the distribution channel:

Manufacturer direct Certified education/government reseller

Authorized distributor Manufacturer marketing through reseller

Value-added reseller Other __________________________

7. Pricing Information

• In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. Yes No

(If answer is no, attach a statement detailing how pricing for participants would be calculated.)

• Pricing submitted includes the required administrative fee. Yes No (Fee calculated based on invoice price to customer)

• Additional discounts for purchase of a guaranteed quantity? Yes No

8. Cooperatives

List any other cooperative or state contracts currently held or in the process of securing

Cooperative/State Agency Discount Offered

Expires Annual Sales Volume

Buyboard – Texas Local Gov’t Purchasing Cooperative – Texas

Confidential Ongoing Confidential

National Joint Powers Alliance Confidential Ongoing Confidential

Educational & Institutional aCooperative Services, Inc. (E&I)

Confidential Ongoing Confidential

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Appendix F: COMPANY PROFILE

Please provide the following:

1. Company’s official registered name. Tandus Flooring US LLC

2. Brief history of your company, including the year it was established.

In 1967 we invented Powerbond, and closely followed that innovation with the introduction in 1969 of modular carpet, the first manufacturer to produce it in North America. We pioneered the industry’s first closed-loop recycling program, developed the industry’s first indoor air quality friendly installation system, and we even co-developed a product — ethos™ that is created from recycled windshields and safety glass. COMPANY HISTORY Collins & Aikman Floorcoverings, Inc, formed in 1964, with the acquisition of Painter Carpet Mills, a traditional broadloom producer. Soon after, the company re-focused its energy from residential products to floorcoverings for commercial interiors. This transition became deep rooted in 1967 with the invention of a specialty flooring system known as Powerbond®. In 2004, the company became Tandus, which serves as the parent company to its three brands – C&A (formerly Collins & Aikman), Monterey and Crossley. In early 2011, the parent company was renamed to Tandus Flooring, Inc. All products are now branded as Tandus Flooring products, Powerbond™, Modular, Broadloom and Woven. Tandus Flooring US, LLC, a limited liability corporation, is a wholly owned subsidiary of Tandus Flooring Inc. Tandus Flooring throughout its history innovates and inspires through its quest for Environmental responsibility that includes its Infinity Initiative, people, processes and products. See the web links below for more detailed information. http://www.tandus.com/global/us/content/environmental-responsibility/Infinity-initiative http://www.tandus.com/global/us/heritage

3. Company’s Dun & Bradstreet (D&B) number. D&B 16-713-5933 Company’s FEIN: 80-0118849

4. Corporate office location. 311 Smith Industrial Blvd, Dalton, GA 30721

5. List the total number of sales persons employed by your organization within the United States,

broken down by market Total United States Sales Force- 16 Northeast, 13 Mid-South, 12 Mid-Atlantic, 14 Southeast, 12 Northern Plains, 11 Midwest, 15 Southwest, 11 Pacific, 13 West

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See attached Sales Organization Listing for North America (US & Canada) listing regional offices and account executives and their respective regions and segments responsibilities.

6. List the number and location of offices, or service centers for all states being offered in

solicitation. Additionally, list the names of key contacts at each location with title, address, phone and e-mail address.

See attached Sales Organization Listing for North America listing regional offices and account executives and their respective regions and segments responsibilities.

7. Please provide contact information for the person(s) who will be responsible for the following

areas, including resumes:

a. Sales Jeff Newman, Account Executive Tel. 713-824-4812 Email: jnewman@tandus.com

Jeff has been with Tandus Flooring in Houston, Texas since 1995 as the Account Executive for the Education Segment. His responsibilities include selling to K-12, higher education, private school and religious organization clients.

Karen Perucki, Account Executive Tel. 832-367-5109 Email: kperucki@tandus.com

Since the mid-80’s Karen has garnered an extensive background as a manufacturer’s representative in furniture and floorcoverings. She has covered the Healthcare and Government market segments for Tandus since 2007. Using her unique customer-focused skill set, Karen is able to wield her way through complex government contracts and focus on large institutional clients.

b. Sales Support Barbara Kilgore, Customer Service, Tel 706-259-9711 bkilgore@tandus.com

Barbara Kilgore joined Tandus in 1981. As a customer service manager, Barbara is responsible for the call center operations and training at Tandus Flooring’s headquarters in Dalton, GA. She is also responsible for the customer support of online sample order entry at Tandusshowroom.com

Jeanette Headrick, Senior Global Operations Administrator, Tel 706-259-9711, ext 2063, jheadrick@tandus.com

Jeanette has worked in various administrative positions since joining Tandus Flooring in 1987. For the past 10 years, on behalf of Tandus Flooring, she has prepared complex bid packages, tracked and managed agreements and other related bid package and contract functions.

c. Marketing Tom Ellis, Vice President of Marketing, Tel 706-259-9711 tellis@tandus.com

Tom has responsibility for all market segments. He Joined Tandus as General Manager, Education Markets in 1998. Mr. Ellis is actively involved with the company’s focus on indoor air quality and surrounding envirionmental issues. He has over 20 years of industry experience in the commercial interiors industry. He served as a regional sales manager for Formica Corporation for 8 years and represented Armstrong World Industries in both the commercial wall division and architectural building products divisions for eight years. He is a member of a number of industry floorcovering organizations.

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d. Financial Reporting Carla McGill, Administrative Assistant to Financial Reporting

Carla prepares client sales histories for the Tandus Flooring Account Executives on an as needed basis. In 2003, she became the Customer Sales Reporting Coordinator. This position requires monthly, quarterly and yearly reporting and verification and payment of fees as it relates to the Customers’ Contracts/Agreements. She has been a Certified Professional Secretary since 1995. She received her Secretarial Degree in 1970 from Alabama School of Trades.

e. Executive Support John Sumlin, National Sales VP for Education, North American Sales

He joined Tandus as an Account Manager, Education Markets, in 2002. Mr. Sumlin is actively involved with the Company's focus on indoor air quality and surrounding environmental issues. He has over 18 years of industry experience in the Healthcare and Education markets. He served as a territory sales manager for Hill-Rom for eight years and represented Lanier Voice Products as an Education and Health care Specialist for five years. He is a member of the Council of Education Facilities Planners International (CEFPI), GA CEFPI sponsorship chair (2008,2009) Association of Physical Plant Administrators (APPA), and Georgia Association of School Facility Administrators (GASFA). With past memberships at the Georgia affiliate of the Assisted Living Federation of America (Georgia ALFA), Georgia Hospital Association (GHA), Georgia Health Care Association (GHCA), ACUHOI foundation member.  

Rusty Joyce, Sr. Vice President of North American Sales

Rusty Joyce, is responsible for leading the Sales Team and developing programs that will be instrumental in continuing the forward movement of the Company. Rusty brings to Tandus more than 21 years of Commercial Soft Surface experience in sales and developing high performing sales teams. He completed his Bachelors work at Bradley University in Peoria, IL and his MBA from the University of Notre Dame in South Bend, IN.

8. Define your standard terms of payment.

Tandus Flooring will invoice for carpet as it ships, and invoice for labor as it is completed (we will bill labor in phases if job is being done in phases). Each invoice would be due Net 30 days from date of invoice (subject to credit approval).

9. Who is your competition in the marketplace? Shaw, Mohawk, Interface

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10. Overall annual sales for last three (3) years; 2010, 2011, 2012 2012 (11 Mos) - $300 Million 2011 - $337 Million 2010 - $309 Million

11. Overall public sector sales, excluding Federal Government, for last three (3) years; 2010, 2011, 2012.

2012 (11 months) Approx $264 Million 2011 Approx $282 Million 2010 Approx $250 Million

12. What is your strategy to increase market share?

Tandus Flooring would seek to increase its market share as follows: • Increased presence at various trade shows in Government and Education Markets • Solicitation through direct mail pieces • Training Tandus Sales Representatives throughout the U.S.

13. What differentiates your company from competitors? POWERBOND Hybrid resilient sheet flooring, heterogeneous construction of nylon and closed cell cushion. The cushion and nylon are “Powerbonded” together through and heat and pressure creating a floorcovering that is integral and inseparable. The innovative closed cell cushion is the DNA of Powerbond and the single greatest component to Powerbond’s performance and design capabilities.

Five-Time Winner

Powerbond is the five-time winner and sole recipient of the Antron® Fiber Sustainable Flooring for actual installations. The most recent win featured a Powerbond installation performing beautifully after 35 years of heavy foot traffic in an educational setting.

Sales and Segmentation Strategy The Company (Tandus Flooring US) utilizes a segmented sales and marketing strategy to target the specific needs of the customers in each of its end markets. This segmented marketing strategy requires each sales person to develop an expertise in a specific end market, which generally results in greater customer-focused service, comprehensive market coverage and increased sales productivity. The Company’s platforms Broadloom, Modular, Powerbond® and Woven all provide targeted running line and custom designed products and promotional materials for each end market that highlight the advantages of its products in several key performance categories. Each end market is sensitive to different issues and places value on different product characteristics. The Company has developed its proprietary products and technical innovations in response to the needs of its target customers and segments. While the Company will assist a distributor in order to arrange for delivery and sale, the Company’s primary contact with the customer or customer representative is through its sales force and not through an intermediary. This enables the Company to continue to design and customize its products and services to respond to the specific needs of the customer. The Company has an in-house design team that is dedicated to developing new, innovative designs for each primary end market. Across the platforms, the majority of sales are specified by the facility owner or a professional architect or designer. Because each market has distinct performance, design and installation requirements, the

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Company’s account executives (AEs) focus on educating the facility owners and architect and design professionals specific to:

the technical specifications and proprietary advantages of each product, unique design capabilities for specific market segments, environmental initiatives and available unique, value-added services. The Company believes this end market-oriented strategy

has resulted in greater visibility for its brands.

Corporate responsibility Whether it’s lending a hand to the community we call home or recognizing those individuals or industry partners who help those in need, social responsibility is ingrained in the Tandus Flooring culture. Customer Collaboration At Tandus Flooring, we strive to be a better a corporate citizen and environmental steward and not just with big ideas, with actions. Our innovative spirit is evident in our product, practices and most importantly in our people whose hard work and forward-thinking have led the way for our industry in corporate responsibility and environmental accountability for more than 40 years. Our way of doing business has caught the attention of some of the most reputable companies from around the world leading to collaborative efforts inside and outside the flooring industry. Whether it’s to join forces on an innovative new product or to recognize those in our industry who go above and beyond to help those in need, Tandus Flooring is a great partner. Services Better systems mean better service. With that in mind, Tandus Flooring developed services that help manage the complexity of large-scale projects. Our services are managed by a dedicated in-house team who support our strategic customers by solving problems before they start, identifying opportunities that might otherwise go unnoticed, saving costs, increasing efficiencies, and removing obstacles. Dealer Network TRIAD™ is a comprehensive dealer program offering sales support, training, and loyalty incentives geared toward increasing sales and profitability for dealer members. The program is uniquely designed to work in conjunction with Tandus Flooring’s innovative floorcovering solutions. This gives TRIAD members the knowledge and resources necessary to provide a single-source coordinated offering. We are Global!! We are down the street and across the globe. Whether you’re a multi-national corporation with dozens of offices around the world or an aggressive start-up opening your first branch in Asia, Tandus Flooring takes the stress out of getting floorcoverings where you need it. We have been manufacturing quality products across the globe for more than a decade, with products made specifically for our international-based customers, including Asia, Europe and Latin America. From delivering samples to managing logistics, dealing with duties and ensuring on-time installation, we’re already working with exclusive dealer partnerships in dozens of countries and installing carpet in challenging circumstances. You get the same high quality products, the same flawless service and the same superior warranty, no matter where in the world you are, or plan to be. Follow us around the world, and experience what Tandus Flooring has to offer… Established in Singapore in 1998, Tandus Asia provides a physical presence in a region containing more than half of the world’s population and some of today’s most rapidly developing markets.

14. Describe the capabilities and functionality of your firm’s on-line catalog/ordering website.

• Web-based Solutions

TCPN may take advantage of Sample ordering through the Tandus Flooring Website at www.tandus.com.

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• Customer Service TCPN may order samples through the Tandus Flooring Website at www.tandus.com. In addition, TCPN may call the Tandus Flooring Customer Service toll free number 800-248-2878 and request literature, samples and/or specifications.

• Technical Support Tandus Flooring has technical support personnel available for both Installation-related items, as well as product technical information. There is no additional cost for these services. Training and support are available on an as-needed basis.

• Post-installation Services and Maintenance Tandus Flooring provides information and technical support as needed for maintenance related issues, as well as installation services technicians for installation related items. There is no cost for these services to TCPN.

• Order Placement Tandus Flooring’s preferred method(s) of receiving orders are via telephone, fax, email, and original purchase order. Tandus Flooring also has the capability to accept orders via EDI.

15. Describe your company’s Customer Service Department (hours of operation, number of service

centers, etc.) Tandus Flooring’s Customer Service Department is located in Dalton, Georgia. Normal hours of operation are from 8:00 AM to 7:00 PM Eastern time. The following locations provide showrooms and sales office support for Account Executives located strategically throughout North America. Americas Dalton, Georgia Santa Ana California Calhoun, Georgia San Francisco, California Washington, DC Mississauga, Ontario Chicago, Illinois Dallas, Texas New York, New York Los Angeles, California Atlanta, Georgia Truro, Nova Scotia

16. Provide information regarding whether your firm, either presently or in the past, has been

involved in any litigation, bankruptcy, or reorganization. Not involved in any litigation, bankruptcy or reorganization.

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Marketing / Sales

17. Detail how your organization plans to market this contract within the first 90 days of the award date. This should include, but not be limited to:

a. A co-branded press release within first 30 days b. Announcement of award through any applicable social media sites c. Direct mail campaigns d. Co-branded collateral pieces e. Advertisement of contract in regional or national publications f. Participation in trade shows g. Dedicated TCPN and Region 4 ESC internet web-based homepage with:

i. TCPN and Region 4 ESC Logo ii. Link to TCPN and Region 4 ESC website iii. Summary of contract and services offered iv. Due Diligence Documents including; copy of solicitation, copy of contract and any

amendments, marketing materials

• eBlast will be done on award as well as an ongoing basis quarterly to inform TCPN’ customers of Tandus Flooring using TCPN email listing.

• Mass mailing of promotional item (fuzzy mailer, contract cut sheet, etc.). • Web page launch - we can host a Tandus Flooring destination for our agreement. Features will be

new products, coop highlights, platform explanations, etc • Quarterly eBlast with photography and promotions to TCPN members • Free mock ups • Additional discount for period of time • Mill Visits • Discount for use in new construction • Target accounts for promotion • Joint sales calls to rollout by TCPN region • ID the greatest opportunities ($) • Where do we know cooperative purchasing works? • ID larger groups where there are potential opportunities to become the “preferred” supplier. Remove

barriers. Secure business • Trade show collaboration • Identify mutual shows for 2013-2014 • Develop literature piece for the trade shows for collaboration-available in both booths Provide flooring for trade show booth as needed or desired

18. Describe how your company will demonstrate the benefits of this contract to eligible entities if awarded.

Tandus Flooring would use the benefits of turnkey opportunities and use its experience to streamline the process from proposal to floor and every step in between. Tandus will work with the entities to determine what works for them, and seek ways to improve their floorcovering purchasing processes.

19. Explain how your company plans to market this agreement to existing government customers.

Tandus Flooring has a dedicated set of sales representatives that cover the government segment of the business. These representatives will have the ability to target the various state, city and county entities.

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20. Provide a detailed 90-day plan describing how the contract will be implemented within your firm.

Tandus Flooring would strategically market through direct mail and email (would need current database from TCPN) the listed membership throughout the contiguous 50 states. Distribute the list locally to the Tandus Flooring sales representatives and ask for a follow-up sales call. Document success/failure information.

21. Describe how you intend to train your national sales force on the Region 4 ESC agreement.

• Account Executive (AE) awareness program centered on how to use TCPN to secure both renovation

and new construction projects. This effort will be centered on preselected success stories that illustrate how the TCPN Coop does work versus how it can work. Success sells.

• Tandus Flooring will develop an internal document that describes the working aspects of the TCPN

contract.

• Applicable documents will be posted and available on the Tandus Flooring mainframe computer system and accessible 24/7 on Tandus Flooring Account Executives (AE) laptops.

• A web cast conference call will be held for all Tandus Flooring Regional Vice Presidents and staff. • A series of web cast conference calls will be conducted by region for all Tandus Flooring sales

personnel. • TCPN will be encouraged to participate on all conference calls.

A joint press release will also be drafted and sent to all Tandus Flooring employees

22. Acknowledge that your organization agrees to provide its company logo(s) to Region 4 ESC and

agrees to provide permission for reproduction of such logo in marketing communications and promotions.

Yes, TCPN Region 4 ESC has permission to use Tandus Logos as outlined in this RFP.

23. Provide the revenue that your organization anticipates each year for the first three (3) years of

this agreement. $_897,000________ in year one

$_986,000________ in year two

$1,085,370 _______ in year three

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Administration

24. Describe your company’s implementation and success with existing cooperative purchasing programs, if any, and provide the cooperative’s name(s), contact person(s) and contact information as reference(s).

TCPN proves to be the best Cooperative Purchasing Agreement that Tandus Flooring has in the Southwest and continues to be implemented in other states. Tandus Flooring has enjoyed successful relationships over the past several years with NJPA & E&I.

25. Describe the capacity of your company to report monthly sales through this agreement.

Tandus Flooring has the ability to provide monthly, quarterly and annual reporting and details of purchases and payment of fees. Tandus Flooring and TCPN will work jointly to determine a reporting structure that is acceptable to both companies.

26. Describe the capacity of your company to provide management reports, i.e. consolidated billing

by location, time and attendance reports, etc. for each eligible agency Tandus Flooring can provide reporting showing the purchases of floorcovering through invoicing of materials. Tandus does not have the ability to provide time and attendance reports or consolidated billing. Tandus Flooring’s invoicing policy is to invoice for materials as they are shipped with payment due in 30 days. Labor invoices are due in 30 days after acceptance and invoicing.

27. Please provide any suggested improvements and alternatives for doing business with your

company that will make this arrangement more cost effective for your company and Participating Public Agencies.

The relationship with TCPN has worked well in the past. Tandus Flooring will work with TCPN to determine future opportunities for improvement.

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Green Initiatives We're committed to helping to build a cleaner future! As our business grows, we want to make sure we minimize our impact on the Earth's climate. So we’re taking every step we can to implement innovative and responsible environmental practices throughout Region 4 ESC to reduce our carbon footprint, reduce waste, promote energy conservation, ensure efficient computing, and much more. We would like vendors to partner with us in this enterprise. To that effort, we ask respondents to provide their companies environmental policy and/or green initiative.

28. Please provide your company’s environmental policy and/or green initiative.

GREEN INITIATIVES Tandus Flooring (www.tandus.com) creates innovative floorcovering solutions through our unique product line of Powerbond®, modular tile, broadloom, and woven products that work in tandem to enhance spaces for learning, working, healing, and living. Through inspired design and leading-edge technology, Tandus Flooring offers its customers a single-source for innovative product design and technology, comprehensive services, and environmental leadership. For more than 40 years, Tandus Flooring has been examining all the ways to be a better corporate citizen and environmental steward — thereafter taking actions that lead to demonstrable, meaningful, and quantifiable results. Tandus Floorings’ company culture fosters innovation and environmental stewardship. Our commitment to the environment is important to our employees, our community, and our customers. All employees are involved in environmental initiatives, such as, reducing material, waste, water, energy, and emissions. Additionally, each employee plays a role in the company’s Environmental Management System. See attached document outlining Tandus Flooring initiatives and its environmental accomplishments.

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Vendor Certifications (if applicable)

29. Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to licenses, registrations or certifications. Certifications can include applicable M/WBE, HUB, and manufacturer certifications for sales and service.

Tandus Flooring US LLC holds all business licenses as required for doing business as a global manufacturer and supplier of floor coverings. Included are copies of the following corporate certificates: State of Georgia Certificate in Good Standing State of Delaware Certificate in Good Standing Texas Use Tax Permit Dallas Rendition of Filing Taxes In addition, their manufacturing locations and products hold many certifications as listed below. Tandus U.S., Inc.’s Third Party Certifications We are proud to have achieved the certifications described herein. They reflect the data documentation of our environmental performance and establish the leadership of Tandus Flooring in our industry. ISO 14001 — Tandus Flooring received ISO 14001 certification for maintaining the required criteria for an Environmental Management System in our Asia and US manufacturing facilities, ensuring that our operations conform to the highest standards of environmental responsibility An Environmental Management System involves maintaining environmental compliance with applicable regulations, goal setting, and measuring and reporting environmental metrics with a focus on continual improvement. In the first year of the program, Tandus Flooring increased the amount of post consumer carpet it recycled, reduced landfill waste by 25%, water by 35%, and in one manufacturing plant air emissions were reduced by 50%. Reclamation Facility – Tandus Flooring was the first to receive the prestigious Reclamation Facility certification from SCS. To-date the facility has recycled over 225 million pounds of carpet/waste. Tandus Flooring’s Retrieve™ program recovers physical product samples and sample folders from customers. To-date, 400,000 samples, and sample folders have been reused or recycled. NSF 140 Gold/Platinum — No other manufacturer has the depth and range of products that are certified at the NSF-140 Platinum level, the industry’s ANSI-accredited, multi-attribute sustainable assessment for carpet standards. Tandus Flooring has certified ER3, ethos modular, and Powerbond products at the Gold and Platinum level. Powerbond Cushion has achieved NSF 140 Gold. Recycled Content –Tandus Flooring has been the only manufacturer to consistently certify the recycled content in its products for over 10 years. In fact, Tandus Flooring was the first manufacturer to introduce third-party certification to the carpet industry in 2000, thereby demonstrating its accountability to the environment. CarbonFree Certification - Tandus Flooring offers its customers the option to purchase certified “carbon-free” modular and Powerbond products through a registered and credible program. Claiming a product is “carbon free” or “climate neutral” means that the greenhouse gas emissions related to the entire life cycle of the product have been offset. Tandus Flooring obtained certification from Carbonfund.org, a 501 (c)(3) nonprofit carbon offset provider dedicated to fighting global warming and climate change. Carbonfund.org supports third-party validated renewable energy, energy efficiency, and re-forestation projects that reduce carbon dioxide emissions and the threat of climate change.

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Adhesive VOC Content – Tandus Flooring conducts VOC content testing and obtains third-party certification of the results for its adhesive products through Materials Analytical Services, LLC. This allows Tandus Flooring to provide quantifiable results demonstrating that VOC content is below the threshold limits specified by the South Coast Air Quality Management District (SCAQMD) Rule 1168. CRI Green Label Plus Carpet — the Carpet & Rug Institute certification that guarantees that all Tandus Flooring carpet products meet industry criteria for indoor air quality as set by California Section 01350 CRI Green Label Plus Adhesive — the Carpet & Rug Institute certification that guarantees that all Tandus Flooring carpet adhesives meet industry criteria for indoor air quality as set by California Section 01350 Third Party Certifications

Note: Product recycled content and NSF 140 have been certified by Scientific Certification Systems. Product recycled content varies by style.

Tandus Flooring Global Certifications The Global Ecolabelling Network (GEN) is a non-profit association of third-party, environmental performance labelling organizations founded in 1994 to improve, promote, and develop the "ecolabelling" of products, the credibility of ecolabelling programs worldwide, and the availability of information regarding ecolabelling standards from around the world. An environmental labeling scheme has the potential to improve the quality of the environment and encourage the sustainable management of resources. Singapore Green Labeling Scheme — awarded by the Singapore Environmental Council, recognizes products that have a more desirable effect on the environment to help consumers make informed purchasing decisions. This multi-attribute certification has been awarded to ethos, ER3, and Ecobond Modular products.

As Tandus Flooring moves forward in setting and achieving sustainability goals, it will continue to add appropriate certifications that provide tangible demonstration of its commitments and its measurable results.

Product Line Overall Recycled Content*

Post Consumer Recycled Content*

NSF-140* Rating

CRI Green Label Plus

ethosTM modular 26 to 52% Min 20% Platinum X Powerbond® ethosTM cushion 37 to 62% Min 37% Platinum X ER3® modular 45 to 67% Min 20% Platinum X Powerbond® Cushion* 7 to 32% Min 7% Gold X FlexAire Cushion modular 21 to 40% Min 4% Gold X Medfloor* 7 to 31% Min 7% - X

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Appendix I: EVALUATION QUESTIONNAIRE/SELF CHECKLIST

Products/Pricing (40 Points) 1. Are all products and services being proposed listed under APPENDIX B on a corresponding

electronic device? Yes No 2. Is there a price list for all available products/services on a corresponding electronic device?

Yes No 3. Did you provide the warranty information that is offered by your company? Yes No 4. Will customers be able to verify they received the contract price? Yes No

Please explain how they would verify the contract price. The customer would contact TCPN and verify pricing in accordance with the pricing schedules received by TCPN.

5. What payment methods do you accept?

A. ____EFT___________ B. __Check___________ Performance Capability (30 Points) 1. Did you indicate which states you can deliver to under APPENDIX E, Question 1? Yes No 2. What is the capability of your company to respond to emergency orders?

Please explain what actions you would take.

Tandus Flooring is a made-to-order manufacturer. It has a selection of products and colors available in its Express Ship programs that are available to ship within 7-10 business days or less for quantities of up to 1500 square yards. Tandus Flooring will work with the TCPN member to offer these selections to provide carpet materials as needed. If these selections are not suitable for the customer, then once the order is placed and accepted by Tandus Flooring, Tandus Flooring will expedite as quickly as possible. Tandus has demonstrated the capability of providing emergency shipments for clients based on such disasters as hurricanes, September 11th, flood and fire damage. 3. Please provide your company’s average fill rate over the last three fiscal years.

1) 2012 – 98.9%__ 2) 2011-_98.7%__ 3) 2010-_98.7%__ 4. Please provide your company’s average on time delivery rate over the last fiscal year.

___98.9% On Time Manufacturing Production_. Shipping is handled by independent freight carriers.

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5. Does your company agree to the following statement on shipping charges “All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing.” ? Yes No If not please explain. Freight costs and pricing for locations outside the borders of the United States will be handled on a

project to project basis. 6. What is your company’s return and restocking policy? Are there any applicable fees? Please provide a brief description and example. If a product is determined to have a manufacturing defect, Tandus Flooring will be responsible for the return, repair and/or replacement of the defective product.

Tandus Flooring is a made-to-order manufacturer. If the Buyer wishes to cancel a purchase order for other reasons, Tandus Flooring may accept cancellation based upon the payment by the Buyer to TANDUS FLOORING of a reasonable restocking charge to be negotiated on an order to order basis. Standard restocking fees are listed below. Material that has already been shipped may be returned only with the prior written approval of manufacturer and may be subject to restocking fees and any return freight incurred. There will be no cancellation or return of custom product orders. Customer would be responsible for return freight costs.

Order Status Cancellation Fee (% of material value) Yarn ordered/received 62% Yarn tufted 77% Yarn tufted, sheared, precoat applied 82%

Finished goods 100% Example: Material ordered 200 square yards at a price of $25.00 per square yard. If production had progressed

to the Yarn tufted, sheared, precoat applied stage, the restocking for standard running line orders would be 200 s/y X $20.50 (82% of $25.00).

7. What is your company’s history of meeting shipping and delivery timelines? With Tandus Flooring’s number of years experience in manufacturing carpet tiles, 6-foot roll goods, broadlooms and woven as a made-to-order company, we have developed expertise in predicting seasonal fluctuations. From a production resources standpoint, adjustments are made in the number of shifts worked, the number of machines operated per shift (tufting, finishing, yarn production, recycling), the number of associates required to run the equipment as well as the number of days per week worked. Raw materials are ordered based upon the number of orders placed. Tandus Flooring has consistently maintained an average of 98+% On Time Production. Tandus Flooring works with reputable independent freight carriers for the delivery of its products to its customers. 8. Will your company be able to meet the one year warranty guarantee as stated on page 16

under pricing? Yes No

If not, please explain. Tandus Flooring reviewed the RFP documents and did not find any statements with regard to warranty under pricing; however, in Article 11, Item 11.6 Warranty Conditions, a 1 year labor warranty is

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outlined. If this is the warranty you are describing, then Yes, Tandus Flooring’s Installation Services department, when doing turn-key installation, can meet this warranty.

9. Did you provide your company’s information regarding your customer service department as per APPENDIX F, Question 15? Yes No

10. What is your company’s current invoicing process?

Payment terms for purchases of products and labor under this Agreement shall be net thirty (30) days from the date of invoice. Seller will issue an invoice for Products when they are shipped and, if Buyer shall request the Turnkey Services of Seller, the invoice for the Turnkey Services will be issued after those services are complete, or in the case of a phased project, at the end of each phase of the project.

11. Did you indicate how your company will implement the contract as per APPENDIX F, Question 20? Yes No

12. Did you provide your Dun & Bradstreet number? Yes No

13. Did you provide information on your website and on-line ordering capacities as per APPENDIX F, Question 14? Yes No

Qualification and Experience (20 points) 1. What is your company’s reputation in the marketplace? Tandus Flooring, a Tarkett company, offers a reputation dating back to the 1800's and the founding of Crossley woven carpets, 1967 and the founding of Collins and Aikman Floorcoverings and our hybrid resilient product Powerbond and the first modular carpet tile to North America in 1969. These and many other milestones have positioned us with the best reputation in the commercial soft surface marketplace. We introduced the first turnkey solution by a manufacturer, Source One, 1991. With this event we combined an impeccable product warranty and reputation and service solution in to one point of contact in the marketplace. Our product warranties are led by Powerbond with the industry’s only 25 year non-prorated material warranty. 2. What is the reputation of your products and/or services in the marketplace? Tandus Flooring, a Tarkett company, offers a reputation dating back to the 1800's and the founding of Crossley woven carpets, 1967 and the founding of Collins and Aikman Floorcoverings and our hybrid resilient product Powerbond and the first modular carpet tile to North America in 1969. These and many other milestones have positioned us with the best reputation in the commercial soft surface marketplace. We introduced the first turnkey solution by a manufacturer, Source One, 1991. With this event we combined an impeccable product warranty and reputation and service solution in to one point of contact in the marketplace. Our product warranties are led by Powerbond with the industry’s only 25 year non prorated material warranty. 3. Does your company have past experience with Region 4 ESC and/or TCPN members? If so, please list them and their contact information (Up to five).

Facility Contact Name Contact Information

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Alief ISD, Houston, TX Jeff Delisle Jeff.delisle@aliefisd.net Tel. 281-498-8110

Deer Park ISD, Deer Park, TX Sam Sessions ssessions@dpisd.org Tel. 832-668-7478

Goose Creek CISD, Baytown, TX

Tom Ortman tortman@gcisd.net Tel. 281-425-3227

Humble ISD, Humble, TX Tom Duffee Tom.duffee@humble.k12.tx.us Tel. 281-641-8751

Willis ISD, Willis, TX Steve Skyvara skyvara@willisisd.org Tel. 936-856-1219

4. Did you list your key employees and their qualifications as per APPENDIX F, Question 6? Yes No 5. Did you provide the locations and sales persons who will work on the contract as per

APPENDIX F, Question 6 & 7? Yes No 6. What past experience does your company have working in the government sector? For more than 40 years, Tandus Flooring has provided Federal, State and local customers with superior flooring products and services. As the only manufacturer that offers Powerbond®, modular and broadloom on GSA contract, Tandus Flooring provides true “fit-for-purpose” flooring recommendations based on the needs of your building or space. Tandus Flooring’s innovative product line of Powerbond, modular, broadloom and woven solutions work in tandem to enhance spaces for learning, healing and living.

Facility Contact Name & Title

Telephone Number

Serviced # Years

Facilities Served

Volume Account Executive

1 Montgomery County, Conroe, TX

Jerilynn Williams, Library Director

936-760-6944

7 15 Confidential Karen Perucki

2 City of Lakewood, Lakewood, CO

Mike Larkin, Purchasing Department

303-202-0202

8 5 Confidential Pamela Heitman

3 Washington County, Fayetteville, AR

Ron Wood, Purchasing Department

479-409-4501

5 5 Confidential Christie Hood

4 Harris County, Houston, TX

Damon, Purchasing Department

479-409-4501

5 5 Confidential Karen Perucki

5 City of Houston, Houston, TX

Sgt Stephen Hanner, Police Dept

713-614-1013

7 3 Confidential Karen Perucki

7. Did you provide information on working with cooperative purchasing programs as per

APPENDIX F, Question 24? Yes No Tandus Flooring has contracts with a group of cooperative purchasing companies. However, information relative to these agreements is confidential.

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8. Did you provide information on any litigation, bankruptcy, reorganization, etc. as per APPENDIX F, Question 16? Yes No

9. Did you submit at least 10 customer references relating to the products and services within

this RFP, with an equal representation coming from K12, Higher Education and City/County/non-profits entities as per APPENDIX F? Yes No

Value Add (10 Points) 1. Did you submit a marketing plan as per APPENDIX F, Question 17? Yes No 2. Did you provide a national sales training plan as per APPENDIX F, Question 21? Yes No

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Appendix B: PRODUCT / SERVICES SPECIFICATIONS

Vendor must comply with all sections of requirements and submit in writing all answers for review and compliance to TCPN.

1. Carpet Systems Bidder shall provide verification that carpet meets the minimum recommendations of the Carpet and Rug Institute (CRI) and provide to TCPN participant upon request. All of Tandus Flooring US LLC products meet CRI Green Label Plus criteria. See attached VOC document for Green Label Plus approval numbers.

2. Compliance with Laws All services, drawings, specifications and installations will be rendered in compliance with applicable federal, state, and local statutes, regulations, rules, ordinances, directives, purchase order(s) and codes, including but not by way of limitation, the Fair Labor Standards Act, the Occupational Safety and Health Act (OSHA) and the Americans with Disabilities Act. Vendor agrees to advise TCPN members when work is expected to be hazardous to students, teachers, employees, administrators, the public and or other workers.

Agreed.

3. Manufacturer Safety Data Sheets (MSDS) All materials used at the worksite shall have the necessary MSDS papers on file in a location accessible to both the Vendor and the TCPN participant.

Tandus product & adhesive MSDS sheets are available upon request.

4. Indoor Air Quality

Floor coverings, adhesives and padding for this Contract must have a very low negative impact on the quality of air in an enclosed building. Products labeled “Green Label Plus” by the Carpet & Rug Institute (CRI) shall be identified by proof of certification.

Tandus Flooring’s adhesives meet CRI Green Label Plus criteria. See attached VOC Document for Green Label Plus approval numbers.

5. Authorized Installers All installation of Commercial Floor Covering products offered through this Contract must be performed by a properly licensed and bonded (when necessary) installer authorized by the manufacturer. All installers authorized by the

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manufacturer must be in good standing with the state and its political subdivisions. Any formal debarment of a manufacturer or installer in the past five years by any Federal, State or local government must be disclosed.

Tandus Flooring is attaching its authorized dealer listing for TCPN members.

6. Installation and Clean Up Product shall be installed as specified by the manufacturer. Clean up will be on a daily basis and the worksite will be returned to its original and safe condition upon completion of the work, free of rubbish, wrappings, debris, trimmings, soda cans, and other peripheral trash. Should a TCPN Member wish to use Tandus Floorings’ in-house installation services, the chosen floorcovering installer will complete the scope of work as required

7. Acceptance of Completion

Terms for acceptance and title to the work must be clearly agreed upon and described in the Contract between the TCPN participant and the Vendor prior to the start of the work. Any work that requires the TCPN participant to assume control prior to completion shall be defined in writing. Both parties must agree on the definition of what constitutes final acceptance before final payment.

Agreed.

8. Order Fulfillment

Manufacturers must perform as a single source for TCPN participating entities in the purchase and installation of floor coverings. Although the manufacturer may utilize authorized dealers/installers to provide floor covering, accessories and other related installation services to participating entities, the Contract will be between TCPN and the manufacturer. The manufacturer will be required to control the installations and add or change installers, as needed. All participating entity purchase orders shall be sent to one address indicated per the manufacturer; invoices and payments must be sent to the manufacturer’s address. TCPN participating entities shall thereby not directly issue purchase orders or payment with an independent installer/dealer.

Agreed. Tandus Flooring’s in-house installation services department will direct and manage turn-key installations as required.

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STANDARD COMMERCIAL CARPET SPECIFICATIONS TCPN is seeking proposals from manufacturers whose product lines will meet or exceed the following specifications. Bidder(s) must include one representative actual manufacturer specifications and warranty statements for each carpet type. The successful bidder(s) must make available all specifications and warranty statements post-award. TCPN reserves the right to request all manufacture specifications and warranty information prior to award. YARN BCF, Nylon, Type 6 or 6.6 Solution dyed or Yarn dyed or both

Durable stain inhibitor should be applied to the fiber during product manufacturing to resist fiber staining and soiling. Initial: Minimum 500 ppm Fluorine per CRI TM-102

After two hot water extractions per AATCC 171: Minimum 400 ppm Fluorine per CRI TM-102

Tandus Flooring uses Ensure to resist fiber staining and soiling. See Ensure bulletin for more information. BACKING

Backings must be for commercial use only. Backing technology must have been in commercial use for past five years prior to bid. Examples and/or testimonials may be requested by TCPN.

Tandus Flooring has been manufacturing its backing technology for more than 40+ years. YARN CONSTRUCTION 1/10 gauge minimum

Tandus Flooring products will meet or exceed this requirement. WARRANTY

Warranty must identify zippering, de-lamination, edge ravel, excessive wear and loss of resiliency: All warranties must be specified for a specific period of time and be non-prorated. Lifetime warranties are not acceptable unless they are transferable.

Tandus Flooring is providing copies of its sample warranties for all of its product backings. These warranties are for specific time periods and contain specific details of the items that are covered under these warranties. INSTALLATION

All installation methods are not considered part of the product backing or construction, even when a unique method of “non-wet”, “peel & stick” or “pre-applied” adhesives are utilized. No carpeting may be attached to the floor with a hook tape system or school white glue. Installation methods must be clearly defined with installation guidelines submitted with bid.

Tandus Flooring is providing its recommended installation procedures for all of its product backings.

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ANTIMICROBIAL TREAMENTS

If carpet contains an antimicrobial agent, then the vendor must certify and provide third party certification with seal indicating no health hazard to the end user.

Tandus Flooring chooses not to add antimicrobial treatments to our products and, consistent with sound environmental practice, discourages the introduction of unnecessary additional chemicals and pesticides to the indoor environment. The synthetic components in our floorcoverings do not provide a nutrient source for bacteria and fungi growth. The use of antimicrobial treatments are not needed and are of no benefit where proper maintenance is performed and in any case are rendered ineffective by the lack of proper cleaning. We have an environmental responsibility to avoid the addition of unnecessary chemicals to our customers’ environments or to the natural environment, simply to be able to make a marketing claim. All antimicrobials are EPA registered pesticides. Many antimicrobial treatments are not permanent. Topical antimicrobial treatments and/or water-soluble agents are often removed by traffic, washed off, or depleted by other transfer means. The US Centers for Disease Control and Prevention (CDC) has conducted an exhaustive review of literature specific to the incorporation of antimicrobial agents into articles such as carpet and other consumer products. CDC found no epidemiological evidence to substantiate claims of health benefits from the use of such products. (Guidelines for Environmental Infection Control in Health Care Facilities, December 2003.) CDC has also expressed concern with regard to the overuse of antimicrobials and the potential for the development of resistant bacterial strains. (“Campaign to Prevent Antimicrobial Resistance in Healthcare Settings” www.cdc.gov) Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as administered by the US Environmental Protection Agency (EPA), any claims of health benefits from carpets with antimicrobial treatments must be supported by data submitted to EPA as part of the registration process for treated articles. To date, no carpet products have been registered in this manner. It is therefore prohibited under FIFRA for any current manufacturer to claim or imply a health benefit for carpets with antimicrobial treatments. (US EPA “Pesticides: Topical and Chemical Fact Sheets” www.epa.gov)

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SPECIFICATIONS FOR STANDARD SOFT SURFACE TYPES TYPE 1: HIGH TRAFFIC/ HIGH PERFORMANCE CUSHION BROADLOOM

CONSTRUCTION: Tufted Loop and/or Cut Loop DYE METHOD: Solution Dyed or Yarn Dyed or both YARN: Type 6 or 6.6 nylon PRODUCTION YARN WEIGHT: Maximum 22 ounces PRODUCTION GAUGE: Minimum 1/10 BACKING: Polymer to provide a closed-cell cushion molecular structure

Must meet Dynamic Impact test for moisture penetration – no penetration at 10,000 impacts.

Must be welded at all seams and impermeable to moisture and airflow Backing Compression Deflection - min 7 lbs at 25% SEAM INTEGRITY: Seam to remain intact after 50,000 cycles per Phillips Chair Test ELECTROSTATIC PROPENSITY: Less than 3.5 KV Rating – permanent conductive fiber FLAMMABILITY: ASTM E – 648 Flooring Radiant Panel – Class 1 ASTM E – 662 NBS Smoke Chamber – less than 450

Representative specification: Aftermath, Powerbond Backing TYPE 2: MODERATE TRAFFIC/ HIGH PERFORMANCE BROADLOOM

CONSTRUCTION:Tufted Loop and/or Cut Loop DYE METHOD: Solution Dyed or Yarn Dye or both YARN: Type 6 or 6.6 nylon PRODUCTION YARN WEIGHT: Minimum 22 ounces PRODUCTION GAUGE: Minimum 1/10 BACKING: Enriched latex, or non-latex, or high density polyurethane cushion ELECTROSTATIC PROPENSITY: Less than 3.5 KV Rating – permanent conductive fiber FLAMMABILITY: ASTM E - 648 Flooring Radiant Panel – Class ASTM E - 662 NBS Smoke Chamber – less than 450

Representative specification: Impulse with Lifelong; Impulse with Superlok; Impulse with Ergostep backing options TYPE 3: MODERATE TRAFFIC/HIGH PERFORMANCE TILES

CONSTRUCTION: Tufted Loop and/or Cut Loop DYE METHOD: Solution Dyed or Yarn Dyed or both SIZE: Minimum 18” x 18” YARN: Type 6 or 6.6 nylon PRODUCTION YARN WEIGHT: Maximum 22 oz PRODUCTION GAUGE: Minimum 1/10 BACKING: Recyclable polymer ELECTROSTATIC PROPENSITY: Less than 3.5 KV Rating – permanent conductive fiber FLAMMABILITY: ASTM E – 648 Flooring Radiant Panel – Class 1 ASTM E – 662 NBS Smoke Chamber – less than 450

Representative specification: Aftermath, Modular Backing

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SUSTAINABLE SPECIFICATIONS

TCPN is seeking proposals from manufacturers whose product lines will meet or exceed the following environmental specifications. Bidder must include one representative actual manufacturer specifications and warranty statements for each carpet type. The successful bidder(s) must make available all specifications and warranty statements post-award. TCPN reserves the right to request all manufacture specifications and warranty information prior to award. ENVIRONMENTALLY PREFERABLE PRODUCT A. Carpet must carry an Environmentally Preferable Product (EPP) product label and

be certified as Gold or Platinum/EPP per the Sustainable Carpet Assessment Standard (SCAS) NSF-140. Product certification must be conducted by an independent, third party organization such as Scientific Certification Systems. Products carrying EPP carpet labels will be given higher preference than those carrying an EPP label for the fiber only.

Tandus Flooring has a selection of recycled content backings that are NSF140 Gold or Platinum/EPP per the Sustainable Carpet Assessment Standard. All results are certified by a third party organization, Scientific Global Systems. Certification Documents are attached. Tandus Backings are:

ER3 Modular - Platinum ethos Modular – Platinum Flex-Aire Modular – Gold Powerbond Cushion – Gold ethos Powerbond Cushion – Platinum

B. Carpet must carry an Environmentally Preferable Product (EPP) product label and

be certified as California Gold or Platinum per the California Gold Sustainable Carpet Standard. Product certification must be conducted by an independent, third party organization such as Scientific Certification Systems.

The current EPP classifications replaced the California Gold or Platinum per the California Gold Sustainable Carpet Standard. YARN

BCF Nylon Type 6 or 6.6, 100% Solution or yarn Dyed with modification ratio of 1.5. Durable stain inhibitor should be applied to the fiber during product manufacturing to resist fiber staining and soiling. Initial: Minimum 500 ppm Fluorine per CRI TM-102 After two hot water extractions per AATCC 171: Minimum 400 ppm Fluorine per CRI TM-102

Tandus is offering its product “Intersection” to meet this requirement. Tandus Flooring uses Ensure to resist fiber staining and soiling. See Ensure bulletin for more information.

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BACKING

Backings must be for commercial use only. Backing technology and components must have been in commercial use for past five years prior to bid. Examples and/or testimonials may be requested by TCPN.

Tandus Flooring has been manufacturing its backing technology for more than 40+ years.

YARN CONSTRUCTION

1/10 gauge minimum Tandus Floorcovering products meet or exceed this requirement.

WARRANTY Warranty must identify. Zippering, delamination, edge ravel, excessive wear and loss of resiliency: All warranties must be specified for a specific period of time and be non-prorated. Lifetime warranties are not acceptable unless they are transferable. Manufacturer to provide a written warranty that 100% of carpeting returned to manufacturer for recycling will be recycled and that no portion of the carpet will be land filled or incinerated.

Tandus Flooring is providing copies of its sample warranties for all of its product backings. These warranties are for specific time periods and contain specific details of the items that are covered under these warranties.

INSTALLATION

All installation methods are not considered part of the product backing or construction, even when a unique method of “non-wet”, “peel & stick” or “pre-applied” adhesives are utilized. No carpeting may be attached to the floor with a hook tape system or school white glue. Installation methods must be clearly defined with installation guidelines submitted with bid.

Tandus Flooring is providing its recommended installation procedures for all of its product backings.

ANTIMICROBIAL TREATMENTS

If carpet contains an antimicrobial agent, then the Vendor must certify and provide third party certification with seal indicating no health hazard to the end user.

Tandus Flooring chooses not to add antimicrobial treatments to our products and, consistent with sound environmental practice, discourages the introduction of unnecessary additional chemicals and pesticides to the indoor environment. The synthetic components in our floorcoverings do not provide a nutrient source for bacteria and fungi growth. The use of antimicrobial treatments are not needed and are of no benefit where proper maintenance is performed and in any case are rendered ineffective by the lack of proper cleaning. We have an environmental responsibility to avoid the addition of unnecessary chemicals to our customers’ environments or to the natural environment, simply to be able to make a marketing claim. All antimicrobials are EPA registered pesticides. Many antimicrobial treatments are not permanent. Topical antimicrobial treatments and/or water-soluble agents are often removed by traffic, washed off, or depleted by other transfer

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means. The US Centers for Disease Control and Prevention (CDC) has conducted an exhaustive review of literature specific to the incorporation of antimicrobial agents into articles such as carpet and other consumer products. CDC found no epidemiological evidence to substantiate claims of health benefits from the use of such products. (Guidelines for Environmental Infection Control in Health Care Facilities, December 2003.) CDC has also expressed concern with regard to the overuse of antimicrobials and the potential for the development of resistant bacterial strains. (“Campaign to Prevent Antimicrobial Resistance in Healthcare Settings” www.cdc.gov) Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as administered by the US Environmental Protection Agency (EPA), any claims of health benefits from carpets with antimicrobial treatments must be supported by data submitted to EPA as part of the registration process for treated articles. To date, no carpet products have been registered in this manner. It is therefore prohibited under FIFRA for any current manufacturer to claim or imply a health benefit for carpets with antimicrobial treatments. (US EPA “Pesticides: Topical and Chemical Fact Sheets” www.epa.gov)

RECYCLED CONTENT

A. Product must contain a minimum of 30% recycled content by weight. This percentage is calculated by dividing the weight of recycled content in one square yard of finished carpet by the total weight of one square yard of finished carpet, and multiplying by 100. [(Recycle Content Weight) / (Total Product Weight) x 100] per FTC Marketing Guides 16 C.F.R. § 260.7 (e)*. Additionally, product must contain a minimum of 25% recycled carpet by weight. Tandus Flooring has recycled content products that will meet a minimum of 30% recycled content by weight. Some of these products, such as our ethos modular and ethos Powerbond products contain recycled film from windshields and safety glass as opposed to the recycled carpet contained in our ER3 modular, and Powerbond Cushion and Powerbond Medfloor backing options.

B. Recycled content must be certified by a neutral, independent, third party organization such as Scientific Certification Systems. Product must carry product label certifying overall recycled content (including post-industrial and post-consumer content). Report percentage of post-industrial and post-consumer recycled content as a percentage of total product weight and the source(s) of recycled content. Tandus Flooring’s recycled content products are third party certified. NSF 140 Certificates are provided.

C. Product must contain 10% post-consumer recycled content by weight from recycled post consumer carpet. This ensures that carpet is diverted from landfills for the production of the product and that virgin resource use in the product is reduced. Tandus Flooring’s recycled content products are third party certified. NSF 140 Certificates are provided.

*Guides for the Use of Environmental Marketing Claims, 16 CFR Part 260, web site www.ftc.gov

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D. Product must contain face yarn with total 10% recycled content by face yarn weight. Tandus Flooring’s product “Intersection” contains 10% recycled content face yarn.

E. Product must be available inclusive of 76% recycled content secondary backing as a minimum. 1. Recycled content and post consumer content must not be subject to

availability. Post industrial and post consumer recycled content of product installed must be the same as those required by project requirements.

2. Also, recycled content must be expressed as an exact percentage or a range. Statements such as “up to 60%” recycled content are not acceptable.

3. Recycled content products provided must have equal or better performance than comparable virgin products.

4. Product’s recycled content must comply with FTC Guides 16 CFR Part 260.7 (e) in that normal by-products in product manufacturing which are normally reused within the original manufacturing process, or waste by-products that would not normally enter the waste stream do not constitute as either post-consumer or post-industrial recycled content.

5. Manufacturer must fully comply with FTC Part 260 “Guides for the Use of Environmental Marketing Claims,” with respect to advertising, labeling, product inserts, catalogs and sales presentations of all its carpet products submitted and sold. Certification signed by an officer of the manufacturer stating the manufacturer complies with these guides maybe required for submittal upon request.

Tandus Flooring is offering its Powerbond® ethos® cushion which is a closed-cell Cushion, Polyvinyl Butyral (PVB) with 76% recycled content PVB Cushion. PRODUCT RECYCLABILITY A. Product must meet FTC guides for recyclability and must be one hundred percent

(100%) closed-loop recyclable back into carpet. Products containing both recyclable and non-recyclable components, manufacturer must adequately report which portions of the product are recyclable per FTC guides 16 CFR section 260.7(d). Note: A manufacturer cannot claim that a product or any portion of a product that is incinerated is recyclable, even if incineration is used to produce heat and power (i.e. waste-to-energy) per FTC guides 16 CFR section 260.7 (d) example 3.

All of Tandus Flooring’s vinyl-backed products are 100% recyclable in its Recycling Program. Tandus Flooring is provide its “sustainable warranty” for old approved vinyl-backed carpet. B. Recyclability of product installed must be the same as those required by Project

requirements.

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All of Tandus Flooring’s vinyl-backed products are 100% recyclable in its Recycling Program. Tandus Flooring will provide its “sustainable warranty” for old approved vinyl-backed carpet.

RECYCLING PROGRAM A. Manufacturer must have a collection and recovery system for product through a

fully established, currently operational recycling program at time of bid per FTC guides Section 260.7 (d).

1. Manufacturer must have a product take-back program and be able to reclaim

and recycle 100% of installed product back into carpet at time of bid. Manufacturer should be able to recover and recycle similarly constructed carpet. Recycling process must be available for viewing. Claiming a product is recyclable based on future expectation of technology, equipment, process or availability of that product as feedstock is not acceptable.

2. Collection and recycling program must be verified by an independent, neutral third party organization, such as Scientific Certification Systems.

3. Manufacturer must have written guarantee that 100% of the recovered product will be recycled and that no portion of the product will be land filled or incinerated (including waste-to-energy) per FTC guidelines.

It is estimated that five billion pounds of carpet is sent to U.S. landfills each year. According to industry statistics, the amount of “end-of-life” carpet entering the waste stream is increasing. Since Tandus Flooring began the Infinity Initiative, its closed-loop recycling program, the company has diverted more than 225 million pounds of reclaimed vinyl and vinyl backed carpet from landfills and incinerators to be used for 100 percent recycled-content backing for its floor coverings. Rather than use virgin raw materials, the company takes back old vinyl-backed floor coverings, regardless of original manufacturer. Tandus Flooring’s sustainable warranty guarantees that it will be recycled in its entirety.

See attached Tandus Flooring’s Environmental Brochure, Floore Brochure, and LEED Brochure for more information.

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SPECIFICATIONS FOR SUSTAINABLE FLOORING TYPES

TYPE 4: HIGH PERFORMANCE SUSTAINABLE CUSHION BROADLOOM CONSTRUCTION: Tufted Loop and/or Cut Loop DYE METHOD: 100% Solution Dyed YARN: Type 6 or 6.6 nylon with modification ratio of 1.5 PRODUCTION YARN WEIGHT: Maximum 22 oz PRODUCTION GAUGE: Minimum 1/10 BACKING: Recycled content Polymer to provide a closed-cell cushion molecular structure

Must meet Dynamic Impact test for moisture penetration – no penetration at 10,000 impacts. Must be welded at all seams and impermeable to moisture and airflow

Must be 100% recyclable back into flooring material ELECTROSTATIC PROPENSITY: Less than 3.5 KV Rating – permanent conductive fiber FLAMMABILITY: ASTM E – 648 Flooring Radiant Panel – Class 1 ASTM E – 662 NBS Smoke Chamber – less than 450

REPRESENTATIVE SPECIFICATIONS: Intersection, Powerbond ethos Cushion TYPE 5: MODERATE TRAFFIC/SUSTAINABLE MODULAR TILES

CONSTRUCTION: Tufted Loop and/or Cut Loop DYE METHOD: 100% Solution Dyed SIZE: Minimum 18” x 18” YARN: Type 6 or 6.6 nylon with modification ratio of 1.5 PRODUCTION YARN WEIGHT: Maximum 22 oz PRODUCTION GAUGE: Minimum 1/10 BACKING: Recycled content Polymer Must be 100% recyclable back into flooring material ELECTROSTATIC PROPENSITY: Less than 3.5 KV Rating – permanent conductive fiber FLAMMABILITY: ASTM E – 648 Flooring Radiant Panel – Class 1 ASTM E – 662 NBS Smoke Chamber – less than 450

REPRESENTATIVE SPECIFICATIONS: Intersection, ER3 Modular

Tandus Flooring US LLCReferences

April 16, 2013

Government Name, City & State Contact Name & Title Telephone

NumberYears

Serviced

Number of Facilities Serviced

Annual Dollar Volume

Services/ Products

AE

1Cy-Fair ISD, Houston, TX

Roy Sprague, Asst. Superintendent for Facilities, Planning & Construction 281-897-4057 33 83 Confidential

Jeff Newman

2 Katy ISD, Katy, Tx

Peter McElwain, District Architect / Planner 281-396-2307 17 52 Confidential

Jeff Newman

3Klein ISD, Houston, TX

Don Blue, Director of Capital Projects 832-249-4515 20 41 Confidential

Jeff Newman

4Humble ISD, Humble, TX

Martha Buckner, Assistant Superintendant for Support Services 281-641-8768 20 42 Confidential

Jeff Newman

5Spring Branch ISD, Houston, TX

Terry Bell, Director of Planning and Construction 713-365-5751 12 46 Confidential

Jeff Newman

6

Texas A&M University, College Station, TX

Bob Casagrande, Vice President of Operations 832-571-9942 20

Campus Wide Confidential

Jeff Newman

7

Sam Houston State University, Huntsville, TX

Jeff Vienneau, Assistant Director for Maintenance and Facilities 936-294-1918 18

Campus Wide Confidential

Jeff Newman

8

Univeristy of Houston, Houston, TX

Jim Norcum III, Director of FPC 832-250-3475 15

Campus Wide Confidential

Jeff Newman

9 Frisco ISD

Blake Vaughn, Director, Facilities and Transporation 469-633-6160 11 50 Confidential

Bruce McNabb

10 Leander ISDSteve Barry, Director of Facilities 512-844-1806 20 38 Confidential

Brooks Turner

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References

Provide a minimum of ten (10) customer references for product and/or services of similar scope dating within the past 3 years. Please try to provide an equal number of references for K12, Higher Education and City/County entities. Provide the following information for each reference:

Entity Name Contact Name and Title City and State Phone Number Years Serviced Description of Services Annual Volume References provided as requested. See Attached.

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Appendix G: VALUE ADD

Please include any additional products and/or services not included in the scope of the solicitation that you think will enhance and/or add value to this contract for participating agencies.

PROGRAMS AND SERVICES AVAILABLE TO TCPN Tandus Flooring offers the resources below to TCPN (but not limited to). Brief details for each item follow the listing.

Sustainability Tandus Flooring Regional Showrooms Tandus Flooring Website Tandus Flooring Web Based Product Showroom Floore (Carpet Take-Back Program) Retrieve (Sample Recovery Program Express & Priority Express Delivery Tandus Flooring Entry Systems Turnkey Services Open Market Items and Services MWBE Program/Reporting (Turnkey Services) Maintenance Program available through Certified Providers at negotiated costs on

a project to project basis.

Sustainability LEAVE NO TRACE™ At Tandus Flooring, our goal is nothing less than unwavering, environmental accountability. As we focus on where we are going and what we are creating, we are equally focused on reducing our environmental footprint. At Tandus Flooring, our culture is about making a difference, and our environmental commitment is to LEAVE NO TRACE, becoming givers to, rather than takers from, the Earth.

• More information and videos on www.tandus.com • Ethos flooring (www.tandus.com) • Accountability & SCS third party certification (www.tandus.com) • Material Recourses and Source reduction (www.tandus.com) • Leave No Trace video (www.tandus.com) • This is not a plan it’s a journey video (www.tandus.com) • CarbonFree™ product certification (www.tandus.com) • Atlanta LEED showroom (www.tandus.com) • EcoScorecard (www.tandus.com) •

Tandus Flooring Regional Showrooms

The following locations provide showrooms and sales office support for Account Executives located strategically throughout North America.

Dalton, Georgia Chicago, Illinois Santa Ana, California Dallas, Texas Calhoun, Georgia New York, New York San Francisco, California Los Angeles, California Washington, DC Atlanta, Georgia Mississauga, Ontario Truro, Nova Scotia

Tandus Flooring Website

www.tandus.com Explore a world in which flooring transforms from a commonplace necessity to a sophisticated fusion of pattern, texture, and color. Learn the inspirations behind our philosophy, design, and commitment to sustainability. Experience how our innovative

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product line of Powerbond®, modular tile, broadloom and woven products work in tandem to enhance spaces for learning, working, healing and living.

Tandus Flooring Website – Product Showroom

www.tandusshowroom.com Industry leading sample showroom that allows TCPN to see styles and colors of all our products, but it goes several steps further. TCPN can see specifications, Coordinates, ecoScorecard™, Virtual view (room scenes with alternate installation methods) and warranties for our entire line in ONE PLACE.

FLOORE (Carpet Take-Back Program)

Tandus Flooring will take back TCPN Member old vinyl-backed carpet-regardless of the manufacturer-and guarantee 100% of the reclaimed carpet will be recycled into new flooring. No landfills, no incinerators – it’s our Sustainable Warranty to TCPN Members. Projects are quoted per job. Contact your local Tandus Flooring Account Executive for more details.

RETRIEVE (Sample Recovery Program)

Tandus Flooring has initiated Retrieve to recover our samples and product folders from the marketplace after they have served their purpose. Tandus Flooring will even “Retrieve” competitive vinyl-backed samples.

• Save the packaging TCPN received the samples in • Call Tandus Flooring customer service at 800.248.2878 (option 2) • TCPN will receive a prepaid label to affix to the packaging • Call TCPN’ carrier for pick up • Tandus Flooring will reuse or recycle the samples

EXPRESS & PRIORITY EXPRESS DELIVERY

Tandus Flooring has created one delivery program to meet the demanding delivery schedules of our clients. This program is available from all four Tandus Flooring platforms (Powerbond, Modular, Broadloom, and Woven). The program consists of two service options:

Express • Availability to ship within 10 business days for selected products and

colors. • All products showcased in Express binder • All backing options listed • Order sizes up to 1,000 square yards

Priority Express • Availability to ship within 2 business days • All products showcased in Express binder as Priority Express • Most backing options available • Order sizes up to 1,000 square yards

Tandus Flooring Entry Systems

Abrasive Action Tandus Flooring offers entry systems for TCPN Members available in tiles and roll goods. These entry systems compliment the Tandus Flooring product offering and help to insure lower maintenance costs after installation. Entry systems are available through Tandus Flooring’s Source One or through Tandus Flooring Authorized Dealers.

Turnkey Installation Services

Source One – In-House Installation Services Department As a single source, Tandus Flooring offers TCPN Members an extensive menu of project management, installation, and maintenance services on a global basis. Our Source One® program provides TCPN with a dedicated team to handle all project management from pre-sale planning through installation and service. The team owns “single source accountability” for all product and installation aspects of TCPN’s floorcovering projects. TCPN’s Source One® Account Coordinator can effectively coordinate all communication

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between the TCPN Member/Tandus Flooring account team general contractors, dealers, subcontractors and other project managers. Our program offers the best floorcovering solution possible by delivering a seamless integration of:

- Comprehensive products, - Quality services, - Leveraged business partnerships.

We deliver all of this as a “single source” responsible for all aspects of managing TCPN’s floorcovering assets. While, we can offer turnkey services to TCPN Members, our flexible, menu-based system allows your team to exercise prerogative in contracting with local installers as appropriate. In this scenario, we will offer technical assistance and expertise, where necessary, to ensure the successful completion of every TCPN project.

Open Market Items and Services

When a TCPN participant is buying carpet and labor through Tandus Flooring, there may be jobs that, for a complete installation package, require items or services that are not specifically priced on contract. The scope of work and price for these items or services will vary and may be negotiated on a job-by-job basis directly between Tandus Flooring and the TCPN participant. These items will be known as “Open Market Items”. Once the scope of work and price of these items or services have been agreed to by Tandus Flooring and the TCPN participant, they may be added to the Purchase Order, or the Purchase Order may be amended by a properly executed change order. The Open Market Items will then become part of the job and will be ordered, performed, invoiced and paid for according to the terms of the contract. Examples of Possible Open Market Items: Furniture Moving, Floor Preparation, Vinyl or Rubber Wall Base, Transition Strips, Vinyl Composition Tile (VCT), Night or Weekend Labor, Other Items required for project completion.

MWBE/HUB Tandus Flooring actively seeks to contract with disadvantaged, minority and women

owned businesses where possible in procurement of raw materials, commodities, and services. We utilize MWBE firms as suppliers as well as Source One® subcontractors performing turnkey installation services for our clients. In connection with our In-House Turnkey Services, we can provide HUB information when required

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Appendix H: ADDITIONAL REQUIRED DOCUMENTS

DOC #1 Clean Air and Water Act DOC #2 Debarment Notice DOC #3 Lobbying Certification DOC #4 Contractors Requirements DOC #5 Antitrust Certification Statement FOR NEW JERSEY VENDORS ONLY: DOC #6 Pay to Play Notice and Political Contribution Form DOC #7 List of All Agencies Required for Political Contribution Disclosure Form DOC #8 Stockholder Disclosure Certification

DOC #9 Ownership Disclosure Form DOC #10 Non-Collusion Affidavit

New Jersey vendors are also required to comply with the following New Jersey statutes when applicable: All anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38. Compliance with Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act. Compliance with Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26 Bid and Performance Security, as required by the applicable municipal or state statutes.