Marathon Fitness (Team Marathon) Inc - 583-19 February 6, 2019
Sent Via Email: paul@marathonfitness.com
Paul Croegaert
Marathon Fitness (Team Marathon Fitness)
PO Box 17705
Sugar Land, TX 77496
Welcome to BuyBoard!
Re: Notice of The Local Government Purchasing Cooperative Award
Proposal Name and Number: Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy Duty
Exercise Equipment and Related Accessories, Proposal No. 583-19
Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a
BuyBoard® contract based on the above-referenced Proposal. The contract is effective 4/1/2019 through 3/31/2020,
with two possible one-year renewals. The contract documents are those identified in Section 3 of the General Terms
and Conditions of the specifications.
To view the items your company has been awarded, please review the proposal tabulation No. 583-19 on the
following web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through
the BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the
names of all entities with membership in our purchasing cooperative.
Enclosed with this letter you will find the following documents:
1. Vendor Quick Reference Guide 2. BuyBoard License and Identity Standards
You are advised that receipt of a purchase order directly from a Cooperative member is not within the
guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a
violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract.
Therefore, all purchase orders must be processed through the BuyBoard in order to comply. Please
forward by email to info@buyboard.com any order received directly from a Cooperative member. If you inadvertently
process a purchase order sent directly to you by a Cooperative member, please fax the order to the above number
and note it as RECORD ONLY to prevent duplication.
As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days
prior to the start of your contract.
On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are
looking forward to your participation in the program. If you have any questions, please contact Cooperative
Procurement Staff at 800-695-2919.
Sincerely,
Arturo Salinas
Department Director, Cooperative Procurement
February 6, 2019
Sent Via Email: paul@marathonfitness.com
Paul Croegaert
Marathon Fitness (Team Marathon Fitness)
PO Box 17705
Sugar Land, TX 77496
Welcome to BuyBoard!
Re: Notice of National Purchasing Cooperative Piggy-Back Award
Proposal Name and Number: Athletic, Physical Education, Gymnasium Supplies and Equipment and Heavy-Duty
Exercise Equipment and Related Accessories, Proposal No. 583-19
Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard®
contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to
National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 4/1/2019
through 3/31/2020, with two possible one-year renewals.
The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the
current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract.
You are advised that receipt of a purchase order directly from a National Cooperative member is not within
BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of
applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all
purchase orders from National Cooperative members must be processed through the BuyBoard. Please
forward by e-mail to info@buyboard.com any order received directly from a National Cooperative member. If you
inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the
above number and note it as RECORD ONLY to prevent duplication.
As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business
days prior to the start of your contract.
On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any
questions, please contact Cooperative Procurement Staff at 800-695-2919.
Sincerely,
Arturo Salinas
Department Director, Cooperative Procurement
v.6.5
12007 Research Boulevard· Austin, Texas 78759-2439 · PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
PROPOSER'S AGREEMENT AND SIGNATURE
Proposal Name: Athletic, Physical Education,
Gymnasium Supplies and Equipment and Heavy
Duty Exercise Equipment and Related Accessories
Proposal Number: 583-19
Contract Time Period: April 1, 2019 through
March 31, 2020 with two (2) possible one-year
renewals.
Proposal Due Date/Opening Date and Time:
August 30, 2018 at 4:00 PM
Location of Proposal Opening:
Texas Association of School Boards, Inc.
BuyBoard Department
12007 Research Blvd.
Austin, TX 78759
Anticipated Cooperative Board Meeting Date:
January 2019
Team Marathon Fitness, Inc. 07/05/2018
Name of Proposing Company
PO Box 17705
Street Address
Date
Signature of Authorized C
Sugar Land, TX 77496
City, State, Zip
281-565-2307
Telephone Number of Authorized Company Official
888-240-9360
Fax Number of Authorized Company Official
Paul Croegaert
Printed Name of Authorized Company Official
Vice President
Position or Title of Authorized Company Official
68-0544664
Federal ID Number
Page 8 of 66
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Proposal Forms COMM/SVCS v.06.14.2018
VENDOR CONTACT INFORMATION
E-mail Address: ________________________________________________________________________
Alternate E-mail Address: ________________________________________________________________
Alternate Internet Contact: ______________________________ Phone: __________________________
Purchase orders may be received by the Designated Dealer(s) identified on my company’s Dealer
Designation form as provided to the Cooperative administrator. I understand that my company shall remain
responsible for the Contract and the performance of all Designated Dealers under and in accordance with the
Contract.
Request for Quotes (“RFQ”): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses
for the receipt of RFQs:
E-mail Address: ________________________________________________________
Alternate E-mail Address: ________________________________________________
Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal
Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they
are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee
invoices and related communications:
Please choose only one (1) of the following options for receipt of invoices and provide the requested
information:
Page 10 of 66
Company: ___________________________________________________________________________________________
Vendor Contact Name and Mailing Address for Notices: _______________________________________________________
Company Website: ____________________________________________________________________________________
Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need
Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when
a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders.
Please select options below for receipt of purchase orders and provide the requested information:
Internet Contact: _____________________________________ Phone: ___________________________
I will use the internet to receive purchase orders at the following address:
12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com
Proposal Forms COMM/SVCS v.06.14.2018
Service fee invoices and related communications should be provided directly to my company at:
Mailing address: ____________________________________ Department: ________________________
City: _____________________________ State: __________________ Zip Code: ___________________
Contact Name: _____________________________________ Phone: _____________________________
Fax: ________________ E-mail Address: ___________________________________________________
Alternative E-mail Address: ______________________________________________________________
In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing
agent**:
Mailing address: ____________________________________ Department: ________________________
City: _____________________________ State: __________________ Zip Code: ___________________
Contact Name: _____________________________________ Phone: _____________________________
Fax: ________________ E-mail Address: ___________________________________________________
Alternative E-mail Address: ______________________________________________________________
In lieu of my company, I request and authorize service fee invoices to be provided to the Designated Dealer(s)
receiving the purchase order(s) to which the invoiced service fees relate at the address and contact information designated
on my company’s Dealer Designation form as provided to the Cooperative administrator.**
** If Vendor authorizes a billing agent or Designated Dealer(s) to receive and process service fee invoices,
in accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and
agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the
Contract including, but not limited to, payment of all service fees under any Contract awarded Vendor.
Page 11 of 66
/JJilJl!.!!ll!fr
12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION
FELONY CONVICTION DISCLOSURE
Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor)
states: "A person or business entity that enters into a contract with a school district must give advance notice to the district
if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the
conduct resulting in the conviction of a felony."
Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or
business entity if the district determines that the person or business entity failed to give notice as required by Subsection
(a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity
for services performed before the termination of the contract."
Please check (y') one of the following:
D My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.)
[j] My company is not owned or operated by anyone who has been convicted of a felony. D My company is owned/operated by the following individual(s) who has/have been convicted of a felony:
Name of Felon(s): ------------------------------------
Details of Conviction(s): _
By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my
company to make this certification.
/":'\ Team Marathon Fitness, Inc.
% � Company Name W Paul Croegaert
Signature of Authorized Company Official Printed Name
DEBARMENT CERTIFICATION
Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible
for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," as described
in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is
currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or
declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative
and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an
owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise
excluded by agencies or declared ineligible under any statutory or regulatory authority.
By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to
make this certification.
Team Marathon Fitness, Inc.
Company Name
Paul Croegaert
Printed Name
Page 12 of 66 Proposal Forms COMM/SVCS v.06.14.2018
lJJwl!!!.'!fJ!®
12007 Research Boulevard • Austin, Texas 78759-2439 · PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
RESIDENT/ NONRESIDENT CERTIFICATION
Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who
are not Texas residents. Under the statute, a "resident" proposer is a person whose principal place of business is in Texas,
including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A
"nonresident" proposer is a person who is not a Texas resident. Please indicate the status of your company as a "resident"
proposer or a "nonresident" proposer under these definitions.
Please check {y) one of the following:
[j] I certify that my company is a Resident Proposer.
D I certify that my company is a Nonresident Proposer.
If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in
which your company's principal place of business is located):
Company Name
City
Address
State Zip Code
A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers
whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? D Yes D No
B. What is the prescribed amount or percentage? $ or %
VENDOR EMPLOYMENT CERTIFICATION
Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when
determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's
ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in
Texas.
If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas,
does your company, ultimate parent company, or majority owner employ at least 500 people in Texas?
Please check {v'.} one of the following:
D Yes No
By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification) and 2 (Vendor
Employment Certification) above is true, complete and accurate and that I am authorized by my company to make this
certification.
Team Marathon Fitness, Inc.
Company Name
Paul Croegaert
Printed Name
Page 13 of 66
Proposal Forms COMM/SVCS v.06.14.2018
12007 Research Boulevard· Austin, Texas 78759-2439 · PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
No ISRAEL BOYCOTT CERTIFICATION
Effective September 1, 2017, a Texas governmental entity may not enter into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract. (TEX. Gov'T CODE Ch. 2270)
"Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is
intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or
entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business
purposes. TEX. Gov'T CODE §808.001(1).
By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of
any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am
authorized by my company to make this certification.
Team Marathon Fitness, Inc.
Signature of Authorized Company Official
Company Name
Paul Croegaert
Printed Name
NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION
Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may
not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist
organization - specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas
Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be
excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign
terrorist organization is not subject to the contract prohibition.)
By signature below, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this
certification is true, complete and accurate; and that I am authorized by my company to make this certification.
Team Marathon Fitness, Inc.
Company Name
Paul Croegaert
Printed Name
Page 14 of 66
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HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION
A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business
Enterprise or "MWBE" and all referred to in this form as a "HUB'') is encouraged to indicate its HUB certification status
when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that
properly indicate and document their HUB certification on this form.
Please check (y') all that apply:
[i] I certify that my company has been certified as a HUB in the following categories:
D Minority Owned Business
[x] Women Owned Business
D Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a
service-connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating
of 200/o or more as determined by the U. S. Department of Veterans Affairs or Department of
Defense)
Certification Number:
1680544664400 *SEE ENCLOSED*
Name of Certifying Agency:
Texas Comptroller of Public Accounts
O My company has NOT been certified as a HUB.
By signature below, I certify that the above is true, complete and accurate and that I am authorized by my
company to make this certification.
Team Marathon Fitness, Inc.
Company Name
Paul Croegaert
Signature o
Page 15 of 66 Proposal Forms COMM/SVCS v.06.14.2018
Texas Historically Underutilized Business (HUB) Certificate
Certificate/VID Number: 1680544664400
File/Vendor Number: 051892
Approval Date: 06-SEP-2017
Scheduled Expiration Date: 06-SEP-2021
The Texas Comptroller of Public Accounts (CPA), hereby certifies that
TEAM MARATHON FITNESS, INC.
has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB)
Program to be recognized as a HUB. This certificate printed 08-SEP-2017, supersedes any registration and certificate
previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure,
ownership, day-to-day management, operational control, business location) provided in the submission of the business’
application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB
Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB
certification may be suspended or revoked upon findings of ineligibility.
Laura Cagle-Hinojosa, Statewide HUB Program Manager
Statewide Support Services Division
Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award
payment under the Certificate/VID Number identified above. Agencies, universities and prime contractors are encouraged to verify the company’s HUB certification prior to issuing a notice of award by accessing the Internet (https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp) or by contacting
the HUB Program at 512-463-5872 or toll-free in Texas at 1-888-863-5881.
The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB)
Program for the State of Texas, which includes certifying minority, woman, and service disabled veteran-owned businesses
as HUBs and facilitates the use of HUBs in state procurement and provides them with information on the state's procurement
process.
We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your
company's profile is listed in the State of Texas HUB Directory and may be viewed online at
https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility
requirements, the attached HUB certificate is valid for the time period specified.
You must notify the HUB Program in writing of any changes affecting your company’s compliance with the HUB eligibility
requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any
changes made to your company’s information may require the HUB Program to re-evaluate your company’s eligibility.
Please visit our website at http://comptroller.texas.gov/procurement/prog/hub/ and reference our publications (i.e. Grow Your
Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that
can increase your company’s chances of doing business with the state.
Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program
representative at 512-463-5872 or toll-free in Texas at 1-888-863-5881.
Rev. 06/16
IJ!w!!!c!.!f!®
12007 Research Boulevard • Austin, Texas 78759-2439 · PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION
A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As
explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members
("Advisory"), Texas law prohibits the procurement of architecture or engineering services through a
purchasing cooperative. This BuyBoard contract does not include such services. Architecture or engineering
services must be procured by a Cooperative member separately, in accordance with the Professional
Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local
policy.
The Advisory, available at buyboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that
are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services,
including those for projects that may involve or require architecture, engineering or independent testing services. A copy
of the Advisory can also be provided upon request.
By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands
the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or
services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply
with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers
or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy
of the Advisory before executing a Member Construction Contract with the member or accepting the member's purchase
order for construction-related goods or services, whichever comes first.
Paul Croegaert
Printed Name
Company Name
fficial
Team Marathon Fitness, Inc. s..
07/05/2018
Date
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DEVIATION AND COMPLIANCE
If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements
associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed
information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any
deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted
deviation.
In the absence of any deviation identified and described in accordance with the above, your company must fully comply
with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal
Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the
Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s)
regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative
reserves the right to accept or reject a proposal based upon any submitted deviation.
Please check C:v'} one of the following:
D No; Deviations
[iJ Yes; Deviations
List and fully explain any deviations you are submitting:
Only deviation is that most strength equipment or custom painted units require
greater than 10 days to deilver. The average for these types of units is 30-60 days.
PLEASE PROVIDE THE FOLLOWING INFORMATION:
1. Shipping Via: [iJ Common Carrier [iJ Company Truck [iJ Prepaid and Add to Invoice [iJ Other:
Orders delivered by Sales Department
2. Payment Terms: [iJ Net 30 days D 1 % in 10/Net 30 days D Other:
3. Number of Days for Delivery: 5-90* ARO *Varies by Stock vs. non-stock
4. Vendor Reference/Quote Number: -----------
S. state your return policy: Customers have 5 business days after delivery or installation to notify
6. Are electronic payments acceptable? [i]Yes D No
Team Ma�thon Fitness, Inc.
Company Nanf /( ' � � \ Lvvt � t,Ll_ Paul Croegaert
Signature of Authorized Company Official Printed Name I
Page 17 of 66
Proposal Forms COMM/SVCS v.06.14.2018
7. Are credit card payments acceptable? b•Yes D No
Marathon Fitness of manufacturer's defects for return.
12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com
Proposal Forms COMM/SVCS v.06.14.2018
L OCATION/AUTHORIZED S ELLER L ISTINGS
If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation,
please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary.
NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders,
and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the
Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms
and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer
Designated Dealer form.
____________________________________________________________________________________________________
Company Name
____________________________________________________________________________________________________
Address
_____________________________________ _________________________ _________________
City State Zip
_________________________________________ _______________________________________
Phone Number Fax Number
____________________________________________________________________________________________________
Contact Person
____________________________________________________________________________________________________
Company Name
____________________________________________________________________________________________________
Address
_____________________________________ _________________________ _________________
City State Zip
_________________________________________ _______________________________________
Phone Number Fax Number
____________________________________________________________________________________________________
Contact Person
Page 18 of 66
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Proposal Forms COMM/SVCS v.06.14.2018
M ANUFACTURER D EALER D ESIGNATION
If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple
dealers (“Designated Dealers”) to receive Cooperative member Purchase Orders on Vendor’s behalf, you must complete
this form for each dealer you wish to designate.
Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such
designations are for Vendor’s convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any
obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor
or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain
responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor’s
Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder,
including, but not limited to suspension and termination of Vendor’s Contract for nonpayment of service fees.
If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard
system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor
with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process
such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to
a Designated Dealer for processing.
The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated
Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise
acting on Vendor’s behalf under the Contract. Further, the Cooperative’s administrator shall be authorized to remove or
suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion.
If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated
Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish
to designate multiple dealers, please duplicate this form as necessary.
____________________________________________________________________________________________________
Designated Dealer Name
____________________________________________________________________________________________________
Designated Dealer Address
_____________________________________ _________________________ _________________
City State Zip
_________________________________________ _______________________________________
Phone Number Fax Number
_________________________________________ _____________________________________________________
Email address Designated Dealer Tax ID Number* (*attach W-9)
____________________________________________________________________________________________________
Designated Dealer Contact Person
________________________________________ ___________________________________________________
Your Company Name Signature of Authorized Company Official
Page 19 of 66
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TEXAS REGIONAL SERVICE DESIGNATION
The Cooperative (referred to as "Texas Cooperative" in this form and in the State Service Designation form) offers vendors
the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas
Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to
serve different regions for different products or services included in your proposal, you must complete and
submit a separate Texas Regional Service Designation form for each group of products and clearly indicate
the products or services to which the designation applies in the space provided at the end of this form. By
designating a region or regions, you are certifying that you are authorized and willing to provide the
proposed products and services in those regions. Designating regions in which you are either unable or
unwilling to provide the specified products and services shall be grounds for either rejection of your
proposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative
members (i.e., if you will service only states other than Texas), you must so indicate on this form.
Regional Education Service Centers
Team Marathon Fitness, Inc.
Compan�e
\ '1(.�
Official
Paul Croegaert
Printed Name
Page 20 of 66
� I will service Texas
Cooperative members
statewide.
D I will not service Texas
Cooperative members
statewide. I will only
service members in the
regions checked below:
Region Headguarters D 1 Edinburg D 2 Corpus Christi D 3 Victoria D 4 Houston D 5 Beaumont
D 6 Huntsville D 7 Kilgore D 8 Mount Pleasant D 9 Wichita Falls D 10 Richardson D 11 Fort Worth D 12 Waco D 13 Austin D 14 Abilene D 15 San Angelo D 16 Amarillo D 17 Lubbock 0 18 Midland
D 19 El Paso
0 20 San Antonio
D I will not service members
of the Texas Cooperative.
Proposal Forms COMM/SVCS v.06.14.2018
12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com
Proposal Forms COMM/SVCS v.06.14.2018
If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by
Vendor, list the products and services to which this form applies here:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
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Proposal Forms COMM/SVCS v.06.14.2018
STATE SERVICE DESIGNATION
The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including
intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete
this form if you plan to service the entire United States, or will service only the specific states indicated. (Note: If you plan
to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.)
If you serve different states for different products or services included in your proposal, you must complete
and submit a separate State Service Designation form for each group of products and clearly indicate the
products or services to which the designation applies in the space provided at the end of this form. By
designating a state or states, you are certifying that you are authorized and willing to provide the proposed
products and services in those states. Designating states in which you are either unable or unwilling to
provide the specified products and services shall be grounds for either rejection of your proposal or, if
awarded, termination of your Contract.
Please check (√) all that apply:
I will service all states in the United States.
I will not service all states in the United States. I will service only the states checked below:
Alabama
Alaska Nebraska
Arizona Nevada
Arkansas New Hampshire
California (Public Contract Code 20118 & 20652) New Jersey
Colorado New Mexico
Connecticut New York
Delaware North Carolina
District of Columbia North Dakota
Florida Ohio
Georgia Oklahoma
Hawaii Oregon
Idaho Pennsylvania
Illinois Rhode Island
Indiana South Carolina
Iowa South Dakota
Kansas Tennessee
Kentucky Texas
Louisiana Utah
Maine Vermont
Maryland Virginia
Massachusetts Washington
Michigan West Virginia
Minnesota Wisconsin
Mississippi Wyoming
Missouri
Montana
Page 22 of 66
/j}Iff.!!!..l!!f:!®
12007 Research Boulevard • Austin, Texas 78759-2439 · PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
This form will be used to ensure that you can service other governmental entities throughout the United States as
indicated. Your signature below confirms that you understand your service commitments during the term of a
contract awarded under this proposal.
Team Marathon Fitness, Inc.
If this State Service Designation form applies to only one or some of the products and services proposed by Vendor,
list the products and services to which this form applies here:
Page 23 of 66
Proposal Forms COMM/SVCS v.06.14.2018
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Proposal Forms COMM/SVCS v.06.14.2018
NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT
In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this
Proposal Invitation may be “piggy-backed” by another governmental entity. The National Purchasing Cooperative is an
intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members
throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing
Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states
you have indicated on the State Service Designation form, in your Proposal.
By signing this form, Proposer (referred to in this Agreement as “Vendor”) agrees as follows:
1. Vendor acknowledges that if The Local Government Purchasing Cooperative (“Texas Cooperative”) awards Vendor a
contract under this Proposal Invitation (“Underlying Award”), the National Purchasing Cooperative (“National Cooperative”)
may - but is not required to - “piggy-back” on or re-award all or a portion of that Underlying Award (“Piggy-Back Award”).
By signing this National Cooperative Vendor Award Agreement (“Agreement”), Vendor accepts and agrees to be bound by
any such Piggy-Back Award as provided for herein.
2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator
(“BuyBoard Administrator”) will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the
effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as
authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of
Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no
interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are
agreed to by its BuyBoard Administrator in writing.
3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and
same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying
Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e.,
lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award.
4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation
Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be
approved in writing by the BuyBoard Administrator.
5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of
purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to
National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon
request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative
members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall
have the right, upon reasonable written notice, to review Vendor’s records pertaining to purchases made by National
Cooperative members in order to verify the accuracy of service fees.
6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the
fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and
responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to
National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying
Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the
only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the
Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of
this Agreement shall control, and then only to the extent necessary to reconcile the conflict.
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7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue
for any dispute shall lie in the federal district court of Alexandria, Virginia.
8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National
Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-
Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein.
WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this
Agreement.
_______________________________________ ___________________________________________
Name of Vendor Proposal Invitation Number
_______________________________________ ___________________________________________
Signature of Authorized Company Official Printed Name of Authorized Company Official
__________________________________
Date
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Proposal Forms COMM/SVCS v.06.14.2018
FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE
The Cooperative strives to provide its members with the best services and products at the best prices available from
vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions.
1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or
market price during the previous 12-month period or the last fiscal year: $______________. (The period of the 12
month period is _________/_________). In the event that a dollar value is not an appropriate measure of the sales,
provide and describe your own measure of the sales of the item(s).
2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the
Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items
under equivalent circumstances.
3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in
the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing
cooperatives as required.
PURCHASING
GROUP
CURRENT
VENDOR?
(Y/N)
FORMER VENDOR (Y/N)? –
IF YES, LIST YEARS
AS VENDOR
AWARDED
COMMODITY
CATEGORY(IES)
9. Other
Page 26 of 66
1. Federal General Services Administration NO
2. T-PASS (State of Texas) NO
3. U.S. Communities Purchasing Alliance NO
4. National IPA/TCPN NO
5. Houston-Galveston Area Council (HGAC) NO
7. E&I Cooperative NO
CURRENT BUYBOARD VENDORS
If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation,
indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any
difference between your current and proposed discounts.
Current Discount (%):_________________________ Proposed Discount (%):________________________
Explanation: __Same discounted price structure which has successfully served BuyBoard members over the last 8 years.
____________________________________________________________________________________
6. National Joint Powers Alliance (NJPA) YES 2
8. The Interlocal Purchasing System (TIPS) NO
MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS.
!}1I1Jl!.!1.i!!!r
12007 Research Boulevard· Austin, Texas 78759-2439 · PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to
make this certification.
Team Marathon Fitness, Inc.
Proposal Forms COMM/SVCS v.06.14.2018 Page 27 of 66
IJ!I!Jl!.!!i!r!r
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GOVERNMENTAL REFERENCES
For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The
Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information
requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether
prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts
you offer other governmental customers. Attach additional pages if necessary.
Entity Name Contact Phone# Email Address Discount
Quantity/
Volume
1. City of Cedar Park, Tim Dean, (512) 401-5506 $135,000
2. City of Coppell, Jonathon Winters (972) 304-7038 $50,000
3. Baylor University, Caleb Damron (254) 710-6633 $90,000
4_ City of Grand Prairie The Epic, Amanda Alms (972) 339-3701 $63,000
5. City of Missouri, Shane Mize (281) 403-8639 $150,000
Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give
better discounts (lower prices) than indicated? YES [i] NO O If YES, please explain:
Single order in excess of $100,000
By signature below, I certify that the above is true and correct and that I am authorized by my company to make this
certification.
Team Marathon Fitness, Inc.
Company
Paul Croegaert
Printed Name
Proposal Forms COMM/SVCS v.06.14.2018
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MARKETING STRATEGY
For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or
part of your Proposal. (.Example: Explain how your company will initially inform Cooperative members of your BuyBoard
contract and how you will continue to support the BuyBoard for the duration of the contra'1J;.riod.)
Attach additional pages if necessary.
Marathon Fitness will be highly visible to BUYBOARD Members through our activities in the
following:
1. Website: Marathon Fitness shall include BuyBoard on our website landing page,
password protected for members to access price lists
2. Marathon Fitness will exhibit at prominent trade shows throughout Texas: Texas Parks &
Recreation Association, Texas Fire Chief Annual Meeting, National Intramural
Recreation Society (NJRSA) for State Colleges, National Parks and Recreation Show,
Hospital
3. Marathon Fitness employs nine (9) outside sales representatives based in every major city
of Texas, who visit sites on a recurring basis to assess customer needs, make
recommendations for products, and provide onsite demonstrations.
4. Marathon Fitness extends to members at no charge facility layout and design, in both 2D
and 3D formats.
5. Marathon Fitness extends to members at no charge equipment assessments, to determine
the age and condition of equipment.
Tea�Fitness, Inc.
Paul Croegaert
Printed Name
!IP
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Proposal Forms COMM/SVCS v.06.14.2018
CONFIDENTIAL/PROPRIETARY INFORMATION
A. Public Disclosure Laws
All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this
Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public
Information Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly
identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the
Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the
Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a
member of the public or other third party request access to the information under the Texas Public Information Act or
similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has
identified in this form as proprietary or confidential.
Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information
which Vendor considers proprietary or confidential?
Please check (√) one of the following:
NO, I certify that none of the information included with this Proposal is considered confidential or proprietary.
YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is
specifically identified on this form.
If you responded “YES”, you must identify below the specific information you consider confidential or proprietary. List each
page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative
and its Administrator will not be responsible for a Proposer’s failure to clearly identify information considered confidential or
proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will
disclose information when required by law, even if such information has been identified herein as information the vendor
considers confidential or proprietary.
Confidential / Proprietary Information:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
(Attach additional sheets if needed.)
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B. Copyright Information
Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright
information?
Please check rv'} one of the following:
l•I NO, Proposal (including forms, documentation, or other materials submitted with the Proposal) does not
contain copyright information.
D YES, Proposal (including forms, documentation, or other materials submitted with the Proposal) does
contain copyright information.
If you responded "YES", identify below the specific documents or pages containing copyright information.
Copyright Information:----------------------------------
(Attach additional sheets if needed.)
C. Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard Members
BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to
view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential,
proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract
award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such
information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be
responsible for the use or distribution of information by BuyBoard members or any other party.
D. Consent to Release Proposal Tabulation
Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal,
Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the
public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed
catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor
award or non-award information.
By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by
my company to make this certification and all consents and agreements contained herein.
Team Marathon Fitness, Inc.
Company Jlc¥ne /IW
ny Official
Paul Croegaert
Printed Name
07/05/2018
Date
Proposal Forms COMM/SVCS v.06.14.2018 Page 31 of 66
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Proposal Forms COMM/SVCS v.06.14.2018
V ENDOR BUSINESS NAME
By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must
be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and
accurately provide the information requested below or your Proposal may be deemed non-responsive.
(List the legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here. Such information may
be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide
goods or services separately must submit their own Proposals.)
Please check (√) one of the following:
Type of Business:
Individual/Sole Proprietor _____
Corporation _____
Limited Liability Company _____
Partnership _____
Other _____ If other, identify ________________________
________________________
________________________
State of Incorporation (if applicable): ___________________________
Federal Employer Identification Number: ___________________________
(Vendor must include a completed IRS W-9 form with their proposal)
List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note: If different than the Name of
Proposing Company listed above, only valid trade names (dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name
Certificate(s), if applicable, must be attached.)
Page 32 of 66
____________________________________________________________________________________________________
____________________________________________________________________________________________________
(DBA)
_______________________________________________________________________________________________
Name of Proposing Company: _____________________________
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Proposal Forms COMM/SVCS v.06.14.2018
EDGAR VENDOR CERTIFICATION
(2 CFR Part 200 and Appendix II)
When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific
federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited
to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or new “EDGAR”). All Vendors submitting
proposals must complete this EDGAR Certification Form regarding Vendor’s willingness and ability to comply with certain
requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This
completed form will be made available to Cooperative members for their use while considering their purchasing options
when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in
addition to the BuyBoard contract’s general terms and conditions, to address the member’s specific contractual needs,
including contract requirements for a procurement using federal grants or contracts.
For each of the items below, Vendor should certify Vendor’s agreement and ability to comply, where
applicable, by having Vendor’s authorized representative complete and initial the applicable boxes and sign
the acknowledgment at the end of this form. If you fail to complete any item in this form, the Cooperative
will consider and may list the Vendor’s response on the BuyBoard as “NO,” the Vendor is unable or unwilling
to comply. A “NO” response to any of the items may, if applicable, impact the ability of a Cooperative member to
purchase from the Vendor using federal funds.
1. Vendor Violation or Breach of Contract Terms:
Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils)
as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18,
Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms
and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary
contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent
with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions.
The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By
submitting a Proposal, you agree to these Vendor violation and breach of contract terms.
2. Termination for Cause or Convenience:
For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the
following term and condition shall apply:
The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without
cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in
accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services
delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor’s
return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of
termination, Vendor shall immediately refund such payment(s).
If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the
manner by which it will be effected and the basis for settlement, is included in the Cooperative member’s purchase order,
ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member’s provision shall
control.
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3. Equal Employment Opportunity:
Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the
definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment
Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR
Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that
such provision applies to any Cooperative member purchase or contract that meets the definition of “federally assisted
construction contract” in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision.
4. Davis-Bacon Act:
When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction
contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-
3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Vendor is required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by
the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week.
Current prevailing wage determinations issued by the Department of Labor are available at wdol.gov. Vendor agrees that,
for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor’s
acceptance of the wage determination.
Vendor further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or
subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
5. Contract Work Hours and Safety Standards Act:
Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of
mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
6. Right to Inventions Made Under a Contract or Agreement:
If the Cooperative member’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance or experimental, developmental, or research work under that “funding
agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency.
Vendor agrees to comply with the above requirements when applicable.
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7. Clean Air Act and Federal Water Pollution Control Act:
Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended –
Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to
agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-
7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean
Air Act and the Federal Water Pollution Control Act.
8. Debarment and Suspension:
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be
made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with
the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3
CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549.
Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended,
or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order
12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases
or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred,
suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
9. Byrd Anti-Lobbying Amendment:
Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the
required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member
of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and
otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).
10. Procurement of Recovered Materials:
For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information
and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
11. Profit as a Separate Element of Price:
For purchases using federal funds in excess of $150,000, a Cooperative member may be required to negotiate profit as a
separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to
provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a
particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative
member shall not exceed the awarded pricing, including any applicable discount, under Vendor’s Cooperative Contract.
Page 35 of 66
12007 Research Boulevard • Austin, Texas 78759-2439 · PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
12. General Compliance and Cooperation with Cooperative Members:
In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements.
T - .. -···, Vfodor Certification: •. ';
YES, I agree or Vendor Certification Item No. NO, I do NOT agree Initial
1. Vendor Violation or Breach of Contract Terms YES
2. Termination for Cause or Convenience YES
3. Equal Employment Opportunity YES
4. Davis-Bacon Act YES
5. Contract Work Hours and Safety Standards Act YES
6. Right to Inventions Made Under a Contract or Agreement YES
7. Clean Air Act and Federal Water Pollution Control Act YES
8. Debarment and Suspension YES
9. Byrd Anti-Lobbying Amendment YES
10. Procurement of Recovered Materials YES
11. Profit as a Separate Element of Price YES
12. General Compliance and Cooperation with Cooperative Members YES
By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein.
Team Marathon Fitness, Inc.
Signature of Authorized Company
Paul Croegaert
Printed Name
Page 36 of 66 Proposal Forms COMM/SVCS v.06.14.2018
12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com
Proposal Forms COMM/SVCS v.06.14.2018
PROPOSAL INVITATION QUESTIONNAIRE
The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial
resources to provide the goods and perform the services (“Work”) under the BuyBoard contract contemplated by this
Proposal Invitation (“Contract”). Proposers must fully answer each question, numbering your responses to correspond to
the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where
indicated below, and submit the signed questionnaire and your responses to all questions in one document with your
Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will
not be considered.
1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your
company is currently for sale or involved in any transaction that would significantly alter its business or result in
acquisition by another entity.
Contract. State the number and summarize the experience of company personnel who may be utilized for the Work,
including those who will be available to Cooperative members for assistance with project development, technical issues,
and product selection for Work associated with this Contract.
Page 37 of 66
Been in business for 15 years (since 2003).
Company is not for sale or involved in any transaction that would significantly alter business or result in acquisition by
another entity.
2. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this
Marathon Fitness has service managers in every major city to oversee work and customer satisfaction. A total of 10
factory-trained service techs cover every major city. Marathon Fitness has 7 dedicated toll-free 800 lines, and a full time
contracts administrator. The president and vice president each have 25 years of industry experience and the company has
54 total staff in Texas devoted to servicing customer needs.
3. Describe Proposer’s financial capability to perform the Contract . S t a t e o r d e s c r i b e t
h e f i r m ’ s f i n a n c i a l s t r e n g t h a n d rating, bonding capacity, and insurance
coverage limits. State whether the firm, or any of the firm’s past or present owners, principal
shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency
proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with
your firm.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
Marathon Fitness has never in its 15 year history have been a debtor party to a bankruptcy, receivership, or insolvency
proceeding. Privately held, our annual sales have grown to over $24 million a year. We have a $900,000 line of credit
should the need arise for large contracts. We have successfully processed from BuyBoard member $3,600,000.00+ in
sales the last 12 months. We are insured through Traveler's Insurance, which is A++XV rated.
/)Wl!.!!..'!.!J:r
12007 Research Boulevard • Austin, Texas 78759-2439 · PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
4. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing
agreement? If so, provide detailed information on the nature of such items and prospects for resolution.
None
5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or
that have been terminated for any reason. For each such contract, provide the project name, scope, value and date
and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the
work, or termination.
None
6. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought
against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or
employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this
Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of
the claim, and resolution or current status.
None
By signature below, I certify that the information contained in and/or attached to this Proposal Invitation
Questionnaire in response to the above questions is true and correct and that I am authorized by my
company to make this certification.
Team Marathon Fitness, Inc.
Signature of Authorized Company Official
Proposal Forms COMM/SVCS v.06.14.2018 Page 38 of 66
12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com
Proposal Forms COMM/SVCS v.06.14.2018
R EQUIRED F ORMS C HECKLIST
(Please check (√) the following)
Completed: Proposer’s Agreement and Signature
Completed: Vendor Contact Information
Completed: Felony Conviction Disclosure and Debarment Certification
Completed: Resident/Nonresident Certification
Completed: No Israel Boycott Certification
Completed: No Excluded Nation or Foreign Terrorist Organization Certification
Completed: Historically Underutilized Business (HUB) Certification)
Completed: Construction Related Goods and Services Affirmation
Completed: Deviation/Compliance
Completed: Location/Authorized Seller Listings
Completed: Manufacturer Dealer Designation
Completed: Texas Regional Service Designation
Completed: State Service Designation
Completed: National Purchasing Cooperative Vendor Award Agreement
Completed: Federal and State/Purchasing Cooperative Experience
Completed: Governmental References
Completed: Marketing Strategy
Completed: Confidential/Proprietary Information
Completed: Vendor Business Name with IRS Form W-9
Completed: EDGAR Vendor Certification
Completed: Proposal Invitation Questionnaire
Completed: Required Forms Checklist
Completed: Evaluation Items
Completed: Proposal Specification Form with Catalogs/Pricelists
*Catalogs/Pricelists must be submitted with proposal response or response will not be considered.
Page 39 of 66
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Proposal Invitation No. 583-19-Athletic, Physical Education, Gymnasium Supplies and Equipment andHeavy Duty Exercise Equipment and Related AccessoriesItem No. Short Description Full Description State Percent (%) of Discount off Catalog/Pricelist¹State Name of Catalog/Pricelist¹Exceptions to Discount6Discount (%) Off Catalog/Pricelist for All Physical Education EquipmentPlease state the discount (%) off catalog/pricelist for All Physical Education Equipment. Catalog/Pricelist MUST be included or proposal will not be considered.______________%7Discount (%) Off Catalog/Pricelist for All Commercial Grade TreadmillsPlease state the discount (%) off catalog/pricelist for All Commercial Grade Treadmills. Catalog/Pricelist MUST be included or proposal will not be considered.______________%8Discount (%) Off Catalog/Pricelist for All Commercial Grade Exercise BicyclesPlease state the discount (%) off catalog/pricelist for All Commercial Grade Exercise Bicycles. Catalog/Pricelist MUST be included or proposal will not be considered.______________%9Discount (%) Off Catalog/Pricelist for All Commercial Grade Elliptical Cross-TrainersPlease state the discount (%) off catalog/pricelist for All Commercial Grade Elliptical Cross-Trainers. Catalog/Pricelist MUST be included or proposal will not be considered.______________%10Discount (%) Off Catalog/Pricelist for All Commercial Grade Stair ClimbersPlease state the discount (%) off catalog/pricelist for All Commercial Grade Stair Climbers. Catalog/Pricelist MUST be included or proposal will not be considered.______________%11Discount (%) Off Catalog/Pricelist for All Commercial Grade Selectorized Strength Training EquipmentPlease state the discount (%) off catalog/pricelist for All Commercial Grade Selectorized Strength Training Equipment. Catalog/Pricelist MUST be included or proposal will not be considered.______________%Section II: Commercial Grade/Heavy Duty Exercise EquipmentPROPOSAL NOTE1. Catalogs/Pricelists are required to be submitted with ProposalPROPOSAL SPECIFICATION FORMPage 42 of 66
Proposal Invitation No. 583-19-Athletic, Physical Education, Gymnasium Supplies and Equipment andHeavy Duty Exercise Equipment and Related AccessoriesItem No. Short Description Full Description State Percent (%) of Discount off Catalog/Pricelist¹State Name of Catalog/Pricelist¹Exceptions to Discount12Discount (%) Off Catalog/Pricelist for All Commercial Grade Computerized Strength Training EquipmentPlease state the discount (%) off catalog/pricelist for All Commercial Grade Computerized Strength Training Equipment. . Catalog/Pricelist MUST be included or proposal will not be considered.______________%13Discount (%) Off Catalog/Pricelist for All Commercial Grade Plate Loaded Strength Training EquipmmentPlease state the discount (%) off catalog/pricelist for All Commercial Grade Plate Loaded Strength Training Equipmment. Catalog/Pricelist MUST be included or proposal will not be considered.______________%14Discount (%) Off Catalog/Pricelist for All Commercial Grade Free WeightsPlease state the discount (%) off catalog/pricelist for All Commercial Grade Free Weights. Catalog/Pricelist MUST be included or proposal will not be considered.______________%15Discount (%) OffCatalog/Pricelist for All Outdoor CommercialGrade ExerciseEquipmentPlease state the discount (%) off catalog/pricelist for All OutdoorCommercial Grade Exercise Equipment. Catalog/Pricelist MUST beincluded or proposal will not be considered.______________%16Discount (%) Off Catalog/Pricelist for All Other Commercial Grade Heavy Duty Exercise Equipment and AccessoriesPlease state the discount (%) off catalog/pricelist for All Other Commercial Grade Heavy Duty Exercise Equipment and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered.______________%17Discount (%) Off Catalog/Pricelist for Rental of All Types of Commercial Grade Exercise EquipmentPlease state the discount (%) off catalog/pricelist for Rental of All Types of Commercial Grade Exercise Equipment (Indoor/Outdoor). Catalog/Pricelist MUST be included or proposal will not be considered.______________%PROPOSAL NOTE1. Catalogs/Pricelists are required to be submitted with ProposalPROPOSAL SPECIFICATION FORMPage 43 of 66
Proposal Invitation No. 583-19-Athletic, Physical Education, Gymnasium Supplies and Equipment andHeavy Duty Exercise Equipment and Related AccessoriesItem No. Short Description Full Description State Percent (%) of Discount off Catalog/Pricelist¹State Name of Catalog/Pricelist¹Exceptions to Discount18Discount (%) Off Catalog/Pricelist for Gymnasium Spectator Seating and AccessoriesPlease state the discount (%) off catalog/pricelist for Gymnasium Spectator Seating and Accessories (all types including but not limited to fixed, telescoping, portable, and related items). Catalog/Pricelist MUST be included or proposal will not be considered.______________%19Discount (%) Off Catalog/Pricelist for Basketball Backstops, Backboards, Goals and AccessoriesPlease state the discount (%) off catalog/pricelist for Basketball Backstops, Backboards, Goals and Accessories (all types including but not limited to wall mount, ceiling mount, folding, stationary, and related items). Catalog/Pricelist MUST be included or proposal will not be considered.______________%20Discount (%) Off Catalog/Pricelist for Gymnasium Divider Curtains and AccessoriesPlease state the discount (%) off catalog/pricelist for Gymnasium Divider Curtains and Accessories (all types including but not limited to motorized, manual, and related items). Catalog/Pricelist MUST be included or proposal will not be considered.______________%21Discount (%) Off Catalog/Pricelist for Gymnasium Wall Pads and AccessoriesPlease state the discount (%) off catalog/pricelist for Gymnasium Wall Pads and Accessories (all types). Catalog/Pricelist MUST be included or proposal will not be considered.______________%22Discount (%) Off Catalog/Pricelist for Gymnasium Floor Mats and AccessoriesPlease state the discount (%) off catalog/pricelist for Gymnasium Floor Mats and Accessories (all types). Catalog/Pricelist MUST be included or proposal will not be considered.______________%Section III: Gymnasium and Outdoor Field Equipment and Supplies PROPOSAL NOTE1. Catalogs/Pricelists are required to be submitted with ProposalPROPOSAL SPECIFICATION FORMPage 44 of 66
Proposal Invitation No. 583-19-Athletic, Physical Education, Gymnasium Supplies and Equipment andHeavy Duty Exercise Equipment and Related AccessoriesItem No. Short Description Full Description State Percent (%) of Discount off Catalog/Pricelist¹State Name of Catalog/Pricelist¹Exceptions to Discount23Discount (%) Off Catalog/Pricelist for Gymnasium Volleyball Systems and AccessoriesPlease state the discount (%) off catalog/pricelist for Gymnasium Volleyball Systems and Accessories (all types including but not limited to standards, nets, rope tensioners, boundary markers, antennae, floor plates, floor sleeves, floor anchors, judges stands, center standard center, transporters, wall storage hooks, protective pads, and related items). Catalog/Pricelist MUST be included or proposal will not be considered.______________%24Discount (%) Off Catalog/Pricelist for Gymnasium Scoreboards and AccessoriesPlease state the discount (%) off catalog/pricelist for Gymnasium (Indoor) Scoreboards and Accessories (all types including but not limited to basketball, hockey, swimming, volleyball, wrestling, related items). Catalog/Pricelist MUST be included or proposal will not be considered.______________%25Discount (%) Off Catalog/Pricelist for Gymnasium Floor Covers and AccessoriesDiscount (%) Off Catalog/Pricelist for Gymnasium Floor Covers, Rubberized Tile and Accessories (all types). Please state the discount (%) off catalog/pricelist. Catalog/Pricelist MUST be included or proposal will not be considered.______________%26Discount (%) Off Catalog/Pricelist for Repair PartsPlease state the discount (%) off catalog/pricelist for Repair Parts (for all types of gymansium equipment). Catalog/Pricelist MUST be included or proposal will not be considered.______________%27Discount (%) Off Catalog/Pricelist for Outdoor Sports Barrier Netting Products Please state the discount (%) off catalog/pricelist for Outdoor Sports Barrier Netting Products. Catalog/Pricelist MUST be included or proposal will not be considered.______________%28Discount (%) Off Catalog/Pricelist for All Other Gymnasium and Outdoor Field Equipment and AccessoriesPlease state the discount (%) off catalog/pricelist for All Other Gymnasium and Outdoor Field Equipment and Accessories. Catalog/Pricelist MUST be included or proposal will not be considered.______________%PROPOSAL NOTE1. Catalogs/Pricelists are required to be submitted with ProposalPROPOSAL SPECIFICATION FORMPage 45 of 66
Proposal Invitation No. 583-19-Athletic, Physical Education, Gymnasium Supplies and Equipment andHeavy Duty Exercise Equipment and Related AccessoriesNot to Exceed Hourly Labor RateDetailed Information on Hourly Labor RateExceptions to Hourly Labor Rate29Not to Exceed Hourly Labor Rate for Installation/Repair Service of Athletic and Gymnasium Equipment, Heavy Duty Exercise Equipment Hourly Labor Rate for Installation/Repair Service of Athletic and Gymnasium Equipment, Heavy Duty Exercise Equipment and Related Products -- State the Not to Exceed hourly labor rate for Athletic and Gymnasium Equipment and Related Products.$ ___________/HourSection IV: Installation and Repair ServicePROPOSAL NOTE1. Catalogs/Pricelists are required to be submitted with ProposalPROPOSAL SPECIFICATION FORMPage 46 of 66