HomeMy WebLinkAbout20251355.tiffResolution
Approve Customer Purchase Order Agreement for New Excavator Pursuant to
Cooperative Purchasing Contract Terms and Conditions Between Sourcewell and
John Deere Construction Retail Sales, and Authorize Chair, Fleet Services, and
Controller to Sign Any Necessary Documents
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, on the 5th day of April, 2023, Sourcewell awarded John Deere Construction
Retail Sales, a Cooperative Purchasing Contract, identified as #011723-JDC, and
Whereas, the Weld County Department of Fleet Services desires to purchase a new
excavator on behalf of the Department of Public Works, procured through the Sourcewell
Cooperative Purchasing Contract Terms and Conditions, and
Whereas, the Board has been presented with a Customer Purchase Agreement for a
New Excavator Pursuant to Cooperative Purchasing Contract Terms and Conditions
Between Sourcewell and John Deere Construction Retail Sales, and
Whereas, Weld County Code Section 5-4-80, Expenditures Not Requiring a Procurement
Process, exempts items purchased through current State, Federal, GSA, or other
Cooperative Contracts, and
Whereas, the Weld County Purchasing Manager deemed Contract #011723-JDC to be
in the best interest of Weld County, said desired vehicle as further identified below:
Department of Public Works: One (1) 2025 John Deere 250P Excavator for
$284,282.98
Whereas, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Customer Purchase Agreement for a New Excavator Pursuant to
Cooperative Purchasing Contract #011723-JDC Terms and Conditions Between
Sourcewell and John Deere Construction Retail Sales, for the amount of $284,282.98,
be, and hereby is, approved.
Be it further resolved by the Board that Chair, David Springer, Director of the
Department of Fleet Services, and Rusty Williams, Weld County Controller, be, and
hereby is, authorized to sign any necessary documents.
cc : puR., FT(v5 /FA)
05 /2.V2S
2025-1355
EG0083
FT0004
Customer Purchase Order Agreement for New Excavator Pursuant to Cooperative
Purchasing Contract Terms and Conditions Between Sourcewell and John Deere
Construction Retail Sales
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 19th day of May, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-1355
EG0083
FT0004
May 14, 2025
Fleet Services
(970) 400-3500
1399 N. 17th Ave
Greeley, CO 80631
To: Purchasing Department
From: David Springer
Re: Cooperative Purchase- 2025 John Deere 250P Excavator
The Weld County Fleet Services Department is desiring to purchase one (1) new 2025
John Deere 250P Excavator to meet the 2025 budgeted equipment needs for Public
Works.
Weld County Code Section 5-4-80 titled Expenditures Not Requiring a Procurement
Process. Item 26 in this section identifies "items purchased from current state, federal,
GSA or other cooperative contracts" are exempt and may be purchased directly from
those sources.
Fleet Services recommends purchasing the new 2025 John Deere 250P Excavator as
detailed in the attached quote utilizing Sourcewell Contract #01 1723-JDC for
$284,282.98 total.
Sincerely,
David Springer
Director, Fleet Services
5/1°1
2025-1355
EC-,00g3
FT0004
• . DEERE Customer Purchase Agreement/Commitment to Lease for PA# 10902988
John Deere Construction, Utility and Forestry PA Revision# Original
Products and Compact Constnuction Equipment - US
("Purchase Agreement") Customer Name: WELD COUNTY
PURCHASER NAME AND ADDRESS (First Signer)
DAVID SPRINGER
NAME(First, Middle, Last)
WELD COUNTY
STREET or RR
1150 O ST
CITY STATE ZIP CODE COUNTY
GREELEY CO 80631 Weld
PHONE NUMBER ADDRESS
IEMAIL
970-673-5007 DSPRINGER@WELD.GOV
REWARDS #
PURCHASER NAME AND ADDRESS (Second Signer)
NAME(First, Middle, Last)
PERRY L. BUCK, CHAIR, WELD COUNTY B.O.C.C.
STREET or RR
1150 O STREET
CITY STATE ZIP CODE COUNTY
GREELEY CO 80631 WELD
PHONE NUMBER EMAIL ADDRESS
970-400-4000 BOCC-CONTRACTS@WELD.GOV
REWARDS #
DEALER NAME AND ADDRESS
DEALER NAME
4 Rivers Equipment
Dealer Account No. :
177476
STREET or RR
125 John Deere Drive
CITY STATE
Fort Collins CO
ZIP CODE Phone Number
80524 970-482-7154
Date Of Order:
Mar 03, 2025
Dealer Order No.:
TYPE OF SALE:
►�� CASH O LEASE E TIME SALE
PURCHASER TYPE:
MARKET USE CODE:
4 Use County
49 Highways 8 Streets
Add Purchaser to Mailing
❑ Construction D CCE
List (Check One or More)
❑ Utility ❑ Forestry ❑ Govemment
PURCHASER IS:
Purchaser Acct.:
@ Business ❑ Individual
10905
❑ SOCIAL SECURITY ❑
NO.:
IRS TAX ID NO ❑ EIN
EXTENDED WARRANTY IS: 0 Accept Ill Dedine
LOCATION OF FIRST WORKING USE :
Use County WELD
Use State/Province
CO
COUNTY CODE
123
(Initials)
Ultimate Uptime Package Purchase: ❑ Yes ❑✓ No (Initials)
QTY
DR
E M
W O
N ES
T D
EQUIPMENT (Model, Size, Description)
Hours
of
Use
PIN or Serial Number
DeliveCash Price
red
1
x
JOHN DEERE 250 P -Tier Excavator
$ 400,673 00
1
SW Sourcewell Discount off List 32.5%
$ -130,218 73
1
FRT Freight
$ 9,650 54
1
PDI Pre Delivery
$ 2,539 62
1
Del Local Delivery
$ 355 55
+ Extended Warranty : Extended Warranty, 250 P, Powertrain And
Hydraulics, 3000 Total Hours or 36 Total Months, $0 Deductible 2023848343
$ 1,283 00
(1) TOTAL CASH PRICE
$ 284,282 98
QTY TRADE IN (Model, Size, Description ) Hours
I of Use
PIN or Serial Number
AMOUNT
COMMENTS:
(2) TOTAL TRADE-IN ALLOWANCE
$ 0 00
John Deere Sourcewell Contract #011723-JDC
(3) TOTAL TRADE-IN PAY-0FF
$ 0 00
Weld County Sourcewell Account #8903
(4) BALANCE
$ 284,282 98
(6) EST. SERVICE AGREEMENT
$ 0 00
TAXES
(6) SUBTOTAL
$ 284,282 98
(7) RENTAL APPLIED
$ 0 00
(8) CASH WITH ORDER
$ 0 00
(9) BALANCE DUE (647 8 8)
$ 284,282 98
Page 1 of 2
JD -S 21-01 EFFECTIVE (14Ju1y21) U.S.A. ONLY
JOHN DEERE Customer Purchase Agreement/Commitment to Lease for PA# 10902988
John Deere Construction, Utility and Forestry PA Revision# Original
Products and Compact Construction Equipment - US
Quote ID: 32413469 ("Purchase Agreement") Customer Name: WELD COUNTY
ACKNOWLEDGMENTS: Purchaser offers to sell, transfer, and convey the item(s) listed as "Trade In" to the Dealer at or prior to the time of delivery of the
above product(s), as a 'trade-in" to be applied against the cash price. Purchaser represents that each "trade-in" item shall be free and dear of all security
interests, liens, and encumbrances at the time of transfer to the Dealer except to the extent shown below. The price to be allowed for each "trade-in" item is
listed on this document. The Purchaser promises to pay or otherwise satisfy the Balance Due (line 9) shown hereon in rash, or to execute a Retail Installment
Contract, Rental Purchase Option Contract, Lease Agreement or other security agreement for the Balance Due for the Equipment, plus additional charges
shown thereon, on or before delivery of the Equipment ordered herein. Despite delivery of the Equipment to the Purchaser, title to the Equipment shall not
pass to the Purchaser until the Balance Due is paid or is otherwise satisfied in full for Equipment purchases. For Equipment leases and rentals, title to the
Equipment shall not pass to the Purchaser. The Purchaser and the Dealer agree that this Purchase Agreement is not a security agreement and that delivery of
the Equipment to the Purchaser pursuant to this Purchase Agreement will not constitute possession of the Equipment by the Purchaser, as a debtor, for the
purposes of the purchase money security provisions in any statutes relating to personal property security or its equivalent. Purchaser understands that its rights
in connection with this transaction are limited as set forth in this Purchase Agreement.
The Purchaser(s) and the Dealer acknowledge that while this document is defined herein as a "Purchase Agreement", it serves as both a purchase agreement
for the Equipment and/or a commitment to lease the Equipment. In addition, the defined term "Purchaser" extends to and indudes both a purchaser of the
Equipment and/or a lessee of the Equipment. Furthermore, this Purchase Agreement is deemed to constitute a "Purchase Order or a "Customer Purchase
Order for John Deere Construction, Utility and Forestry Products and Compact Construction Equipment° for the purposes of any other John Deere documents,
including, without limitation, any dealer terms schedules.
USE OF INFORMATION/PRIVACY NOTICE /U.S.):
I understand that John Deere Construction & Forestry Company and its affiliates ("John Deere") and Dealer tolled information, including my personal
information and machine data to provide warranty, customer service, product and customer support, marketing and promotional information about Dealer, John
Deere and their equipment, products and services and to support other business processes and purposes. See the John Deere Privacy Statement (https://
www.deere.com/en/privacy-and-data/privace tatements/) for additional information on the types of personal information and machine data John Deere collects,
how it is collected, used and disdosed. See Dealer directly for information about its privacy policy.
DISCLOSURE OF REGULATION APPLICABILITY: When operated in California, any off -road diesel vehicle may be subject to the California Air
Resources Board In -Use Off -Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce
emissions of air pollutants. More information is available on the California Air Resources Board website at
http://www.arb.ca.gov/msorog/ordiesel/ordiesel.htm .
IMPORTANT WARRANTY NOTICE: The Standard Warranty for new John Deere construction, utility, forestry and compact construction products is set forth
in a separate document the Dealer will provide to the Purchaser. Please read the Standard Warranty carefully before signing. No express warranty is made
unless spedfied in the Wananty Statement. PURCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS TRANSACTION ARE LIMITED AS
INDICATED IN THE STANDARD WARRANTY AND PURCHASE AGREEMENT. WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF
MERCHANTABILITY, CONDITIONS OR FITNESS IS MADE.
TELEMATICS:
Orders of telematic devices in isle only the hardware. Where available, telematics software, inducting JDLinkTM' connectivity service, may be enabled from
your local John Deere Operations Center or JDLink website. Please see your authorized John Deere dealer for assistance.
The undersigned purehaser(s) (the "Purchaser ) hereby ordersthe products) (the "Product") described above from the Dealer. The
Dealer shall not be liable for failureto provide the Product or for any delay in delivery if such failure or delay is due to the Dealers
inability to obtain such Product from the manufacturer or supplier or other cause beyond the Dealers control. The cash price shown
above is subject to the Dealer receiving the Product from the manufacturer or supplier prior to any change in price by the manufacturer
or supplier and is also subject to any new or increased taxes being imposed upon the sale of the Product after the date of this
Purchase Order.
Purchaser's signature below acknowledges the Purchaser has received a copy of the Standard Warranty, Version
and understands its terms and conditions.
Purchaser (First Signer) 'DAVID SPRINGER I Signature
Purchaser (Second Signer)
Dealer Representative
Salesperson
PERRY L. BUCK, CHAIR
4 Rivers Equipment
KOONS,CARLOS
DELIVERY ACKNOWLEDGEMENT
Signature
Signature
Signature
(Initials)
Date 05/19/2025
Date 05/19/2025
Date
Date
Delivered with Operator's Manual On:
Purchaser Signature
Page 2 of 2
JD -S 21-01 EFFECTIVE (14Ju1y21) U.S.A. ONLY
Z o25--1355
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011723-JDC
Sou rcewel
Solicitation Number: RFP # 011723
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and John Deere Construction Retail Sales a division of John Deere Shared
Services LLC, DBA John Deere Construction Retail Sales, 1300 River Drive, Moline, IL 61265
(Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Heavy Construction Equipment with Related
Attachments and Technology from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires April 14, 2027, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
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011723-JDC
Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier's dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends
beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier's responsibility to_ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. The John Deere Warranty
Statement describes covered items and services when returning Damaged Equipment and
Rev. 3/2022 2
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011723-J DC
Products. Participating Entities reserve the right to inspect the Equipment and Products at a
reasonable time after delivery where circumstances or conditions prevent effective inspection
of the Equipment and Products at the time of delivery. In the event of the delivery of
nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon
as possible and the Supplier will replace nonconforming Equipment and Products with
conforming Equipment and Products that are acceptable to the Participating Entity.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax -
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
Rev. 3/2022 3
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011723-JDC
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government -
owned facilities, including schools. Supplier's employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
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011723-JDC
Supplier's acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry -specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum, the terms of which will be negotiated directly between the
Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as
applicable. Any negotiated additional terms and conditions must never be less favorable to the
Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract (such as e -
commerce specifications, specialized delivery requirements, or other specifications and
requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole
or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at
levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
Rev. 3/2022 5
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011723-JDC
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, performance issues, supply
issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department);
• Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee. Any state that requires a Sourcewell participating
addendum with an additional admin fee, we reserve the right to reduce the list price discount
to accommodate this additional fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
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011723-JDC
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier's Authorized Representative is the person named in the Supplier's Proposal. If
Supplier's Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Contract are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party. For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
Rev. 3/2022 7
VUliUJ11J1I CI IVellJpC IV. JYrldLYV J-OM:J/1-YJY I-.70nG-YYUGVYI1vvvVl.
011723-JDC
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications. Sourcewell's
responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, maintained, or
disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and
license to use the trademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Supplier.
b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and
license to use Supplier's trademarks in advertising and promotional materials for the
purpose of marketing Supplier's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in
advertising and promotional materials for the purpose of marketing the Parties' relationship
to Participating Entities. Any sublicense granted willbe subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
Rev. 3/2022 8
V U(rU Jll�ll GIIVCIUpe IV. JYrIrLY VJ-V/"1J/'1-'YJY I-.7 V/1L�TYULVYIIv uvV�
011723-JDC
a. Neither party may alter the other party's trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's trademarks only in good faith and in a dignified manner consistent with
such party's use of the trademarks. Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, with respect to the program,
publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
Rev. 3/2022 9
I JUI:UJIIy1I CI IVCIU�JC IU. J'r•r I..LYL/J-0M:JM-YJY I-.70F1L-VYOG0'4Ml,Uli0G
011723-JDC
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non -defaulting
party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
Rev. 3/2022 10
L/UI:UJIylI GI IVel,e ILI. JYr'I.GYLl J-QF\JM-YJY I-.70MG-YYJGOYMI..UIJOG
O11723-JDC
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability -completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non -owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer's Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
Rev. 3/2022 11
011723-JDC
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data — including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier. The waiver must apply to all deductibles and/or self -
insured retentions applicable to the required or any other insurance maintained by the
Supplier.
Rev. 3/2022 12
O11723-JDC
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self -insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Intentionally Omitted.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier's
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Rev. 3/2022 13
LAJUUJIylI CI IVellIpe IU. JYrI,iLYVJ-OMJMWJY I-VOP1LWYJLOY/,,LJ rOC
O11723-JDC
Sourcewell
DocuSlgned by:
Citrumy Satkvart,)
By:
COFD2A139D06489...
Jeremy Schwartz
Title: Chief Procurement Officer
Date:
4/4/2023 12:30 PM CDT
Approved:
-DocuSigned by:
0441 Committ-
By: %-.4288F817A64CC...
Chad Coauette
Title: Executive Director/CEO
Date:
4/5/2023 18:20 AM CDT
John Deere Construction Retail Sales a
division of John Deere Shared Services LLC,
DBA John Deere Construction Retail Sales
r--DoeuSigned by:
By 4286
Mark Oliver
Title: Manager Contract Sales
4/5/2023 18:05 AM CDT
Date:
Rev. 3/2022 14
LAJULIJILy11 GI IVCIl,. IU. JYI-LJLYLPJ-OPIJPI-YJY I-VOP,-YYOLOYP1l,r L1,OC
RFP 011723 - Heavy Construction Equipment with Related
Attachments and Technology
Vendor Details
Company Name: John Deere Shared Services LLC
Does your company conduct
business under any other name? If John Deere Construction Retail Sales a division of John Deere Shared Services LLC
yes, please state:
1300 River Drive
Address:
Contact:
Email:
Phone:
HST#:
Submission Details
Created On:
Submitted On:
Submitted By:
Email:
Transaction #:
Submitter's IP Address:
Moline, IL 61265
Brooke DeVol
ForsbergBrookeL@JohnDeere.com
309-207-0431
36-2382580
Monday November 28, 2022 09:24:58
Thursday January 12, 2023 14:48:05
Brooke DeVol
ForsbergBrookeL@JohnDeere.com
17731346-34ec-484a-83d5-3fc1 c1 f49270
165.225.57.43
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC
LAJUUJI,I CIIVCIV�.JC ILJ.:7'tr liL'FL/J-OHJ/1W J'i I-5O/1L-'4'+OLO4/'iV VIiOC
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach
additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the
question does not apply to you (preferably with an explanation).
Line
Item;
,(,Question' .
Response r
. . _.
1
Proposer Legal Name (one legal entity only):
(In the event of award, will execute the
resulting contract as "Supplier")
John Deere Construction Retail Sales a division of John Deere Shared Services LLC
2
Identify all subsidiary entities of the Proposer
whose equipment, products, or services are
included in the Proposal.
Not Applicable
3
Identify all applicable assumed names or DBA
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.
John Deere Construction Retail Sales
JDCRS
John Deere Construction & Forestry
4
Provide your CAGE code or Unique Entity
Identifier (SAM):
Cage Code: 3PSD7
UEI: ED9BLXH3Hg21
5
Proposer Physical Address:
1300 River Drive
Moline, IL 61265
6
Proposer website address (or addresses):
www.deere.com
7
Proposer's Authorized Representative (name,
title, address, email address & phone) (The
representative must have authority to sign
the "Proposer's Assurance of Compliance" on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):
Mark Oliver, Manager Contract Sales
1300 River Drive Moline, IL 61265
OliverMarkR@JohnDeere.com
309-748-3418
8
Proposer's primary contact for this proposal
(name, title, address, email address & phone):
Brooke DeVol, Contract Administrator
1300 River Drive Moline, IL 61265
ForsbergBrookeL@JohnDeere.com
309-207-0431
9
Proposer's other contacts for this proposal, if
any (name, title, address, email address &
phone):
Mark Oliver, Manager Contract Sales
1300 River Drive Moline, IL 61265
OliverMarkR@JohnDeere.com
309-748-3418
Table 2: Company Information and Financial Strength
Line
Item
Question'
Response`
10
Provide a brief history of your company,
including your company's core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.
We Run Like No Other. We conduct business essential to life. Running for the
people who trust us and the planet that sustains us, we create intelligent connected
machines that enable lives to leap forward.
See our higher purpose: https://www.deere.com/en/our-company/higher-purpose/
John Deere customers are at the center of everything we do. We rely on more than
180 years of experience and terabytes of precision data to know them and their
businesses better than anyone else. Our easy -to -use technology helps deliver results
they see in the field, on the job site, and on the balance sheet. We ensure
seamless access to parts, services, and performance upgrades from take home to
trade-in by providing world -class support throughout the lifecycle of their equipment,
with productivity and sustainability always in mind.
We never forget that we're here to help life leap forward.
Deere & Company at a glance: https://www.deere.com/assets/pdfs/common/our-
co mpany/deere-&-company-at-a-g la nce. pdf
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC
11
What are your company's expectations in the
event of an award?
Our expectation, if we are awarded, is to continue working with Sourcewell to
provide governmental customers the best option for acquiring our Construction and
Compact Construction products. The John Deere Govemmental Sales Team will
continue to train our dealers on how to present Sourcewell and the benefits the
contract offers to continue growing our sales. Since our training plan was rolled out
in late 2016, our sales on this contract have had significant growth and our
expectation is to continue that trend in the market place.
12
Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
John Deere has a long history and attached in supplemental documents is our most
recent annual report from 2021. Our 2022 fiscal year just concluded on October 31,
2022 and the annual report is not published at this time.
13
What is your US market share for the
solutions that you are proposing?
While we do not publicly state market share position, John Deere Construction &
Forestry holds a top level market share position across our entire product portfolio
in the US.
14
What is your Canadian market share for the
solutions that you are proposing?
While we do not publicly state market share position, John Deere Construction &
Forestry holds a top level market share position across our entire product portfolio
in Canada.
15
Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
No bankruptcy proceedings have taken place.
16
How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
PartY?
John Deere Construction Retail Sales (JDCRS) is based in Moline, IL and is
responsible for growing sales in the govemmental segment for the Construction &
Forestry Division of John Deere. All employees of JDCRS are full time John Deere
employees. This sales team is responsible for training our dealers on governmental
business, contracts and sales processes. Specific to supporting the Sourcewell
contract, the account managers, contract manager and sales support team are
responsible for educating the dealers on the quoting, ordering and delivery process
of products sold on the Sourcewell contract.
All dealers are required to go through a contract training program either in person
or virtually via Microsoft Teams to become an authorized seller on our contract. This
process has been the main driver of our growth since it was launched in 2016. We
do retain the right to sell direct if required or the dealer has not completed our
training program. Upon award of this new contract, we are revamping our training
process to leverage our John Deere University online training system to make it
easier and more efficient for the dealer field staff to become trained and certified
on the Sourcewell contract.
17
If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
John Deere maintains all licenses and certifications necessary to conduct its
business around the world. This is supported by our Supply Management,
Engineering, Safety, Accounting, Human Resources and Tax and Legal Departments.
John Deere self -audits and has regular outside audits performed by Deloitte &
Touche for compliance with all required licenses, certifications and regulations.
18
Provide all "Suspension or Debarment"
information that has applied to your
organization during the past ten years.
There are no suspensions or disbarments to note.
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC
UVI L,Dly.II CI IVCIVFIC IU. J4rlrG'FUJ-O/1J/Y-,Yi I-UOMG-V'4OGO'i,CLICOC
Table 3: Industry Recognition & Marketplace Success
Line ;
Item
Question
Response
19
Describe any relevant industry awards or
recognition that your company has received
in the past five years
John Deere has received numerous levels of recognition and awards worldwide for
quality production standards, environmental responsibility, ethics, diversity, safety and
corporate citizenship. Page 12 of the 2021 Annual Report (attached in the
documents section of the response) showcases some of our business highlights
and the list of 2021 Awards and Recognitions.
Also, attached within the documents section is our 2021 Sustainability Report for
John Deere.
20
What percentage of your sales are to the
governmental sector in the past three years
Customer and segment specifics for John Deere sales are not shared publicly. For
the industry as a whole that we participate in, approximately 10-15%o of sales for
Construction and Compact Construction Equipment are sold to governmental
agencies across North American each year.
21
What percentage of your sales are to the
education sector in the past three years
Our education sector sales is a low percentage of our total governmental business
but education entities have utilized the Sourcewell contract previously. For
construction and compact construction equipment it is generally reported as a local
or state level sale.
22
List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
NASPO, as well as state participating addendums through this contract
H-GAC
TASB BuyBoard
We also hold on average 5-10 individual state contracts outside of cooperative
purchasing contracts.
Sales figures are not publicly shared on any of these contracts.
23
List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
GSA
DLA
US Fish & Wildlife, IDIQ
Sales figures are not publicly shared on any of these contracts.
Table 4: References/Testimonials
Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name *
Contact Name"
Phone Number
Murphy Tractor & Equipment; an authorized
dealer with a vast customer base with
Sourcewell purchases.
Cole Iverson
VP of Sales
507-320-8826
Brandt Tractor Ltd.; an authorized dealer
with a vast customer baes with Sourcewell
purchases.
Lloyd Norminton
Govemment Sales Manager
780-486-6786
RDO Construction Equipment MW; an
authorized dealer with a vast customer base
with Sourcewell purchases.
Jesse Miller
Government Sales Manager
952-882-2752
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC
LJIJUUJIyll GI IVCIU, IL/. :JYrIiLYIJJ'O/'1:JF1-'i:J'# 1-UO/AL-P+17404/A,LJ,OG
Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity
type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three
years.
• 4
nttty flame
... _
Entity Type *
State`(
ProYince *
Scope f Work *
_ o.
size of Transactions *
<< .
o
Dllar Volume Past Three
1,t
Years ...
New York State
Government
New York- NY
Sourcewell and Sourcewell
participating addendum sales.
We averaged 172 sales
per year over the last 3
years within the state of
New York.
We averaged 19 million
dollars per year over the
last 3 years within the
state of New York.
State of Ohio
Govemment
Ohio - OH
Sourcewell sales.
Ohio STS contract was also held
and is now expired. These sales
are not publicly shared from our
office.
2022 Q4 is our first full quarter
of our Sourcewell PA contract
being rolled out in Ohio.
Previous contracts in
Ohio averaged 38-50
transactions per year.
Previous contracts in
Ohio averaged 3-5 million
dollars per year.
United States
Air Force
Government
Pennsylvania -
PA
DLA Military Sales
Not publicly shared from
our office.
Not publicly shared from
our office.
Florida Forest
Service
Government
Florida - FL
Florida Forest Service contract
Not publicly shared from
our office.
Not publicly shared from
our office.
Louisiana DOT
Govemment
Louisiana - LA
State DOT contract
Not publicly shared from
our office.
Not publicly shared from
our office.
Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number
of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third
party), and any overlap between the sales and service functions.
L�rte :
Question
Response'
26
Sales force.
Sales is covered by our independent dealer network that has been trained and
certified on the Sourcewell sales processes. We have dealer standards that require a
minimum sales person to customer ratio to ensure proper sales coverage and
response time.
27
Dealer network or other distribution
methods.
There are nearly 400 dealer locations in the U.S., authorized to sell John Deere
construction equipment products and another 60 covering Canada. There are roughly
1400 dealer locations in the U.S. authorized to sell compact construction equipment
another 500 across Canada. These John Deere dealers sign contracts to sell and
service John Deere products in their assigned areas. We have dealer standards that
require a minimum sales person to customer ratio to ensure proper sales coverage
and response time.
28
Service force.
This is covered fully by our dealers. Our dealers standard policy also has a minimum
service technician to machine base ratio to ensure the best service and response
time.
29
Describe the ordering process. If orders
will be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.
We have two processes for ordering products on our Sourcewell contract. The
majority of our sales are ordered by authorized selling dealers that have been trained
and certified by our John Deere Government Sales office. Upon delivery of an order
we have a sales reporting automated process to capture the sales for reporting to
Sourcewell.
For dealers that may not be certified yet, our John Deere Government Sales office
reserves the right to order direct.
Bid Number: RFP 011723
Vendor Name: John Deere Shared Services LLC
LAJUUOlyII CI I VCIUF.JC IU. UYr,LYI/J-0/1:JJ1-Y:JY I-V0t1L-YYOLOY,,,Li 0C
30
Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response -time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
A professional, capable, well -trained, well -capitalized dealer network is one of John
Deere's competitive advantages. Our dealers, backed by John Deere, provide local
customer support, repairs, maintenance and parts. John Deere has authorized dealers
in all 50 U.S. states and all across Canada.
There are nearly 400 dealer locations in the U.S., authorized to sell John Deere
construction equipment products and another 60 covering Canada. There are roughly
1400 dealer locations in the U.S. authorized to sell compact construction equipment
and another 500 across Canada. These John Deere dealers sign contracts to sell
and service John Deere products in their assigned areas.
We also have a certified technician training program to ensure quality service for our
customers. There are also multiple regional parts depots across North America for
the best parts availability in the industry.
Dealers must submit an annual business plan that contains their commitment to
effectively selling and supporting all potential customer in their area, including but not
limited to commercial accounts, national accounts, and state, county, and local
governmental agencies.
Customer can count on John Deere construction dealers to support our products and
customers.
31
Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.
All areas of the U.S. will be served.
32
Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
All areas of Canada that Sourcewell has a defined partner (such as Canoe) will also
be served.
33
Identify any geographic areas of the United
States or Canada that you will NOT be
fully serving through the proposed contract.
All areas of the U.S. will be served. All areas of Canada that Sourcewell has a
defined partner (such as Canoe) will also be served.
34
Identify any Sourcewell participating entity
sectors (i.e., govemment, education, not -for-
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
Any agency that John Deere defines as a governmental customer and is also eligible
to be a Sourcewell member will qualify for the discounts on our contract. John Deere
Construction & Forestry defines a govemmental customer as the following:
1. Federal, state/provincial, county, municipal and local governmental agencies
2. Hospitals and state/provincially accredited schools (both public and private)
3. Special govemment and/or taxing districts that have authority to levy taxes and/or
issue tax free municipal bonds (ex. airports)
4. Govemmental facilities run by independent management groups qualify only if a
govemmental agency issues the purchase order and retains ownership. Ownership by
the management group voids discount eligibility.
5. Non-govemmental utilities or departments or divisions of them that provide has,
water, electrical, or telephone service directly to commercial or home users
6. Govemmental agencies or departments or divisions of them that provide recycling
or waste service directly to commercial or home users. Companies or departments
or divisions of these utilities that do not provide service directly to commercial or
home users do not qualify
7. North American Indian Tribal Councils
8. Non-profit agencies exempt from state/provincial and federal taxes
9. All Municipal Railroads
35
Define any specific contract requirements
or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
The John Deere Construction & Forestry Division has assigned dealers in both
Alaska and Hawaii. As is the case for the continental U.S. (CONUS), factory to
dealer freight as well as local delivery by dealer to end -user will be quoted and
invoiced for any applicable areas outside of the continental U.S. (CONUS). Location
specific factors related to moves by ocean, barge, inland, etc. will affect final delivery
date.
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC
Table 7: Marketing Plan
item,
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l2espa' e" w «`
36
Describe your marketing strategy for
promoting this contract opportunity.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
Since our "authorized selling dealer" initiative that was rolled out in late 2016, our
marketing plan has focused on getting our dealer network to understand the power of
cooperative purchasing, specially the Sourcewell contract. Our dealers are closer to the
end use customers and understand their business and product needs better than our small
team here in Moline, IL. Once we got the dealers fully bought in on the power, ease of
use and importance of the contract, the sales numbers took off year over year. Our plan
for the new contract is to continue this with our dealer network.
37
Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
John Deere has a great public website with information about our entire product line. We
also have a link to a variety of governmental contracts that are available. In addition to
those site, we also allow the customer to build their own machine online so they can see
the options that are available before they contact their local dealer.
https://www.deere.com/en/
https://www.deere.com/en/construction/
https://www.deere.com/en/govemment-and-military-sales/
https://www.deere.com/en/government-and-military-sales/state-and-local-purchasing/
https://configure.deere.com/cbyofit/en_us/products
Our marketing communications group runs a variety of social media promotions including
a YouTube channel (https://www.youtube.com/user/JohnDeere) and Facebook page
(https://www.facebook.com/JohnDeereUSCA/).
The message on these sites changes periodically but it is primarily focused on the
benefits of the John Deere relationship and how we are close to our customer.
38
In your view, what is Sourcewell's role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
From the John Deere perspective, there are three key components to promoting the
Sourcewell contract: Sourcewell, John Deere Construction Retail Sales (JDCRS), and our
dealer network across the US and Canada. Each has a key role to the success of the
continued and incremental sales increases each year. Sourcewell's job is to continue to
promote the brand to eligible members so they understand the basics of cooperative
purchasing and the benefits of membership. JDCRS has the responsibility to train the
dealers on sales processes (ceiling price, discount structure, ordering and delivering of
products), how to determine if a customer is already a member and how to assist a
customer that is not a member how to become a member. Our dealer's responsibility is
to help identify the right product for the job and how to find the easiest, most cost
effective way to source that product/solution. We believe that Sourcewell provides one of
the best tools available to eligible customer and we will continue to promote that in our
annual training.
We work with our dealers and support them at any regional conference or training
opportunity that helps promote the brand of all three entities. Open communication
between all three parties is the key for future success and incremental sales gains on the
next contract.
39
Are your products or services
available through an e -procurement
ordering process? If so, describe your
e -procurement system and how
governmental and educational
customers have used it.
We are investigating e -procurement options for certain product families in the future but
those are not available at this time. Due to the customizable nature of products and
services, there are many possible configurations for each model. Many build -code
dependencies must be taken into consideration for a properly functioning machine to be
built. For that reason, we feel it is best to contact the local dealer for machine
configuration guidance prior to requesting a contract quote.
Table 8: Value -Added Attributes
Re'sponse�*
40
Describe any product, equipment, Training on equipment operation and safety is provided through the local dealer. At time of
maintenance, or operator training delivery, the dealer provides an introductory walk -around of the unit, explaining general
programs that you offer to operation and maintenance procedures, free of charge as part of the purchase. Additional
Sourcewell participating entities. product or specific system training is optional and quoted by the local dealer.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
Bid Number: RFP 011723
Vendor Name: John Deere Shared Services LLC
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41
Describe any technological
advances that your proposed
products or services offer.
John Deere C&F products offer a variety of technology solutions that work to eliminate
rework, improve jobsite safety, counteract labor shortages and increase efficiency.
Information on those initiatives is public and can be found at the following link:
https://www.deere.com/en/technology-products/precision-construction-technology/
There was also a magazine published in the Fall of 2021 that focused on technology and
its place in our industry. A link to that publication is below.
THE DIRT publication, Fall 2021.
https://www.deere.com/assets/pdfs/commonfindustries/construction/publications/the-dirt-fall-2021-
dkmag265c-cv.pdf
John Deere has also published what is known as our "Leap Ambitions" and that is also
public. Our strategy for the Construction & Forestry Division is by 2026, we will deliver:
• 20+ electric and hybrid -electric product models.
• Earthmoving: Increase SmartGradeTM grade control adoption to 50%.
• Forestry: Boost Intelligent Boom Control adoption to 100°/x.
• Roadbuilding: Increase Precision Roadbuilding Solution adoption to 85%.
More information on our Leap Ambitions can be found at:
https://www.deere.com/en/our-company/sustainability/sustainability-report/leap-ambitions/
Technology advances in our products is vitally important and was on display at CES 2023
where our CEO was the keynote speaker on day 1. Information can be found at
CES2023.deere.com
42
Describe any "green" initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.
John Deere has been very public with these initiatives and more can be found on our
website in our most recently published Sustainability Report.
https://www.deere.com/en/our-company/sustainability/sustainability-report/
"Our next leap is ELECTRIC" is another informative piece discussing the future of
electrification at John Deere.
https://www.deere.com/en/our-company/electrification/
43
Identify any third -party issued eco-
labels, ratings or certifications that
your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life -cycle design
(cradle -to -cradle), or other
green/sustainability factors.
In October 2022, John Deere received an award for the SBTi Validation of Greenhouse
Gas Emission Reduction.
https://www.deere.com/en/news/all-news/john-deere-receives-sbti-validation-of-greenhouse-gas-
emission -reduction -targets/
In 2021 John Deere acquired majority ownership of Kreisel Electric.
https://www.kreiselelectric.comijohndeere/
44
Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
John Deere is committed to Supplier Diversity. Each year we submit to GSA a
commercial plan that outlines our commitment to use WMBE's, SBE's, and other MBE's
suppliers in support of our business.
We also have signed on with two small business partners to learn about small business
and partner with them to meet demand for products with a small business designation in
the Federal market as well as help grow their businesses. Our partners are The Akana
Group (Native American owned small business, small business, HUBZone certified) and
Bravo (Service Disabled Veteran -Owned Business). If opportunities arise in the cooperative
world for small business designation, we are prepared to grow that segment as well.
45
What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
John Deere has a very strong presence as a construction equipment and compact
construction equipment provider. John Deere is also the world's leading manufacturer of
agricultural equipment. Additionally, John Deere Financial is one of the largest equipment
finance companies.
Valuable Extras:
1) Genuine John Deere Parts - highest quality parts for the highest quality equipment.
-Regional parts depots strategically placed around North America for the best parts delivery
response.
2) John Deere Connected Support — Allows customers to:
- Monitor alerts for the machine remotely.
- Monitor engine hours and utilization.
- View machine location and get driving directions to the jobsite.
- Monitor fuel level and idle time.
3) John Deere Connected Support — Allows dealers to:
- Monitor alerts coming from the customers machine.
- Remotely connect to a customers machine for real-time diagnostics.
- Leverage Expert Alerts from John Deere to address potential future downtime.
- Perform software updates from the dealership.
Bid Number: RFP 011723
Vendor Name: John Deere Shared Services LLC
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Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below.
Questrbn f
*..Y.
Resp°9.•.•?' p
46
Do your warranties cover all products, parts, and
labor?
Construction equipment has basic warranty of 12 months/unlimited hours. The
standard warranty general provisions including parts and labor is attached to
this RFP submission. Compact construction equipment has a basic warranty
of 24 months or 2,000hrs whichever occurs first.
47
Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
Extended warranty is available as a separate purchase, not on this RFP,
through our local dealers. Extended warranty has a year and hour limitation
with each purchase. An example is 3 year 5,000hr power train/hydraulics
extended warranty option.
48
Do your warranties cover the expense of
technicians' travel time and mileage to perform
warranty repairs?
No, TTM is not covered within our warranty.
49
Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? Now will Sourcewell
participating entities in these regions be provided
service for warranty repair?
No, we can cover the entire U.S. and Canada with our dealer network.
50
Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
Third party warranties are handled by the original OEM of that attachment.
51
What are your proposed exchange and retum
programs and policies?
As noted in the standard warranty document, "John Deere will repair or
replace, at its option, any parts.._ of a new John Deere product that, as
delivered to the original retail purchaser(s), are defective in material or
workmanship." See attached standard warranty document for full text
explanation.
52
Describe any service contract options for the
items included in your proposal.
John Deere does not offer any service contracts within this RFP. Service
contracts and extended warranty options are available for customers from
their local dealer and can be quoted to them at time of purchase.
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC
Table 10: Payment Terms and Financing Options
ItetYt
Question,'
Response
53
Describe your payment terms and accepted payment
methods.
JDCRS' only option for payment terms is Net 30 Days for direct
sales. Since the majority of our deals are purchased through one of
our authorized dealers, there are financing options available (JD
Financial) that can be negotiated before finalizing the deal.
54
Describe any leasing or financing options available for use
by educational or governmental entities.
JDCRS (contract vendor) does not play a role in leasing, financing
or payment terms other than Net 30 Days.
John Deere Financial offers leasing/financing options. The John
Deere Municipal Lease Purchase Plan is a special low -rate
financing plan that is designed to provide flexibility of leasing while
building equity toward ownership of the John Deere equipment. Any
state or local govemment body, or their political subdivisions, having
the power to tax may be eligible for the John Deere Municipal
Lease Purchase Plan, subject to approval.
John Deere Financial also offers other leasing and financing options
for governmental, educational and non-profit entities, subject to
approval.
All leasing and financing options are handled through the local
dealer and John Deere Financial.
The lease/finance provider funds the contract sales invoice within 30
days.
55
Describe any standard transaction documents that you
propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
Our John Deere dealers use approved applications in their business
system to provide quotes to customers stating the approved contract
discount rate. The quote contains terms and conditions for the quote
and terms for payment when a PO is issued. For direct sales
through our office similar documentation is used and is available in
the document upload section.
56
Do you accept the P -card procurement and payment
process? If so, is there any additional cost to Sourcewell
participating entities for using this process?
P -card payments are accepted with a 3% processing fee added to
the contract quote. P -card usage is to be made known at time of
quote request. Customer PO must cover the added fee.
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
I#ti:
Question
Response
57
Describe your pricing model (e.g., line -item discounts or
product -category discounts). Provide detailed pricing data
(including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If
applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
Each model will have a discount associated to it which applies to
all options of that model fully configured, base coded attachments
will have a separate discount schedule. Third party attachments (AT
and BYT kits) are not part of this RFP proposal and are available
for separate purchase by our dealer.
The model and discount schedule is attached. Full current price
pages will be submitted upon successful award. Any price changes
or model updates will be submitted through the PnP process.
58
Quantify the pricing discount represented by the pricing
proposal in this response. For example, if the pricing in
your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
Quotes are provided to the customer with a discount off of current
list price. Quotes are price protected for a period of 30 days as
long as a PO is received within that 30 day period. See attached
pricing & discount schedule as well as the example quote for our
proposal on this RFP.
59
Describe any quantity or volume discounts or rebate
programs that you offer.
We offer two different volume discounts between our construction
equipment (CE) portfolio and our compact construction equipment
(CCE) portfolio due to the difference in acquisition costs of the
larger construction equipment verses the smaller compact
construction equipment.
CE: 5-7 machines = 1%, 8-14 machines = 2%, 15+ machines = 3%
CCE: 8-14 machines = 1%, 15+ machines = 3./.
60
Propose a method of facilitating "sourced" products or
related services, which may be referred to as "open
market" items or "nonstandard options". For example, you
may supply such items "at cost" or "at cost plus a
percentage," or you may supply a quote for each such
request.
Sourced or open market items are not part of our RFP response
but we do allow dealers to quote these as dealer provided items
as a separate line item on the quote. Discounts will not be applied
to these open market items. Quotes for these products are
negotiated directly through the customer and our dealer network.
61
Identify any element of the total cost of acquisition that is
NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or
shipping charges. For example, list costs for items like pre -
delivery inspection, installation, set up, mandatory training,
or initial inspection. Identify any parties that impose such
costs and their relationship to the Proposer.
The following will not be included:
1. Dealer provided goods and services: Non -factory goods and
services (third party items) will be quoted by dealer at the
customers request.
2. Set-up and installation fees: These charges will be quoted by the
dealer and are not part of this RFP.
3. Pre -Delivery Inspection (PDI): A PDI is performed on all new
machine purchases to ensure proper fluid levels, check system
pressures, verify accurate system operation, and cleaning of the unit
prior to delivery. The cost of the PDI is quoted by the dealer and
will vary by machine model and complexity.
Taxes: Local taxes, if applicable, will be assessed.
62
If freight, delivery, or shipping is an additional cost to the
Sourcewell participating entity, describe in detail the
complete freight, shipping, and delivery program.
Freight, delivery and shipping are charged to the customer and
added to the quote as separate line items.
63
Specifically describe freight, shipping, and delivery terms or
programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
Freight, delivery and shipping are charged to the customer and
added to the quote as separate line items just as they are for all
participating entities. Travel that occurs by ocean, barge or inland
may affect the delivery time of the machine.
64
Describe any unique distribution and/or delivery methods or
options offered in your proposal.
If a customer has a unique request, we can review at that time,
otherwise there are no unique methods offered in this RFP.
Bid Number: RFP 011723
Vendor Name: John Deere Shared Services LLC
Table 12: Pricing Offered
tiem ne
it
The f,rricmg. , , erect i Proposal is
'r�his ° . .. ' . ,
Comments
65
c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing
departments.
Sourcewell has become our
most valued contract to our
dealer network for
governmental business. We
will continue to use our best
available discount schedule to
support this contract.
Table 13: Audit and Administrative Fee
a
CLt,
CZIteStion
Response
66
Specifically describe any self -audit process or program that you
plan to employ to verify compliance with your proposed Contract
with Sourcewell. This process includes ensuring that Sourcewell
participating entities obtain the proper pricing, that the Vendor
reports all sales under the Contract each quarter, and that the
Vendor remits the proper administrative fee to Sourcewell. Provide
sufficient detail to support your ability to report quarterly sales to
Sourcewell as described in the Contract template.
Our dealers are required to participate in a contract sales
training class to ensure they are promoting the contract per
the Terms and Conditions of our RFP response. Dealers are
made aware of how to obtain the effective price date of the
contract, so the customer is being quoted accurately.
Whenever there is a price change approved by Sourcewell,
we communicate that information via our dealer bulletin
process and post on our dealer microsite. We also use an
automated settlement process where a dealer utilizes a
program ID code so that we can accurately capture the
sales each quarter for our internal review and submit to
Sourcewell for the payment of our admin fee. We will also
be launching a new quoting process to simplify the quoting
process for many of our dealers to ensure accurate pricing
per the terms and conditions of our contract.
67
If you are awarded a contract, provide a few examples of internal
metrics that will be tracked to measure whether you are having
success with the contract.
Upon award of this contract, we track the sales performance
of each dealer group across the US and Canada to achieve
our market share goals for construction equipment and
compact construction equipment in the governmental
segments. This has worked well for this contract to date,
and we will continue to use this market share metric to keep
our dealers accountable for performance.
68
Identify a proposed administrative fee that you will pay to
Sourcewell for facilitating, managing, and promoting the Sourcewell
Contract in the event that you are awarded a Contract. This fee
is typically calculated as a percentage of Vendor's sales under the
Contract or as a per -unit fee; it is not a line -item addition to the
Member's cost of goods. (See the RFP and template Contract for
additional details.)
We have had great success growing and expanding the
utilization of this contract for all our dealers in the US and
Canada and will continue this growth by providing a 0.5%
admin fee to Sourcewell on all contract items. Third party
attachments or non -contract items (dealer provided items) are
not subject to the admin fee. The total calculated admin fee
is payable each calendar quarter to Sourcewell.
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Lone
Iterrr
;Quesflctn � '�
Response * "
E
69
Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.
We will be offering our complete line of construction equipment and compact
construction equipment, as well as base coded attachments. Product families include
Articulated Dump Trucks, Backhoes, Compact Track Loaders, Crawler Dozers,
Crawler Loaders, Excavators, Compact Excavators, Tractor Loaders, Motor Graders,
Skid Steer Loaders, Wheel Loaders and Compact Wheel Loaders.
All services including product support, part support, and warranty work will be
provided by our authorized dealers and not part of this contract.
70
Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
N/A
Bid Number: RFP 011723
Vendor Name: John Deere Shared Services LLC
Table 148: Depth and 8readth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional
comments in the text box provided, as necessary.
,.*C-
4 go r orTtpe
ffered 1
Comments,.F
F
71
Wheeled, tracked, and backhoe loaders
r: Yes
r No
72
Motor Graders
a Yes
r No
73
Wheeled and tracked excavators
r` Yes
r No
74
Bulldozers, compactors, scapers, articulated and
rigid haulers
a Yes
r No
We do not offer rigid haulers.
Compactors are offered on the
separate Wirtgen contract.
75
Cranes
r Yes
r No
76
Accessories or attachments for the offering in #71-
75 above
6' Yes
r No
We will be offering base coded
attachments at time of whole goods
purchase or separately if needed. AT
kits and BYT kits (third party
attachments) are not part of this
contract.
77
Technology or services for the offering in #71-75
above
r Yes
r No
' /ink Telematics, Grade Control,
and Slope Control are examples of
these technology services that are
available as options on certain
products.
Table 14C: Required Offering of Equipment
Indicate below if the proposer's proposal includes at least one (1) of the following listed types or classes of equipment. Provide
additional comments in the text box provided, as necessary.
Lme teem{
CateOrt o 11pe r
nom., s
Offered "
Comments 4.
78
Wheel loader with published net horsepower (HP)
of at least 300 HP
r: Yes
r No
We offer 4 wheel loaders that meet
this spec requirement.
79
Wheeted or tracked excavator with a published net
horsepower (HP) of at least 150 HP
r° Yes
r No
We offer 10 excavators that meet this
spec requirement.
80
Motor Grader with a published maximum operating
weight of at least 30,000 lbs.
r. Yes
r No
We offer 8 motor graders that meet
this spec requirement.
81
Rough terrain, all terrain, crawler, floating, lattice, or
telescopic crane with a published maximum lifting
capacity of at least 300 tons and a published
maximum boom length of at least 150 feet
r Yes
ra No
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been
incorporated into the contract text.
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC
VUUUJI9II CI IVCIUpC -UOIAL-Y4OLOYMIi L1,0C
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to
ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed
by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the
zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding
to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
• Pricing - RFP 011723 Model & Discount Schedule.pdf - Monday January 09, 2023 11:48:21
• Financial Strength and Stability - Deere-Co_Annual-Report-2021.pdf - Tuesday November 29, 2022 12:34:40
• Marketing Plan/Samples (optional)
• WMBE/MBE/SBE or Related Certificates (optional)
• Warranty Information - US CAN deere wty stmt.pdf - Tuesday December 06, 2022 10:27:02
• Standard Transaction Document Samples - Sample Sourcewell Quote.pdf - Monday January 09, 2023 11:22:37
• Upload Additional Document - Sustainability Report 2021.pdf - Tuesday November 29, 2022 13:01:16
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC
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Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of
this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;
2. Included on the government -wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC
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by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
a' By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I
had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic
signature or electronic record was used in its formation. - Mark Oliver, Manager, Contract Sales, John Deere Construction Retail
Sales
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
r Yes r. No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
Addendum_5_Heavy_Construction_Eq u i pment_RFP_011723
Tue January 10 2023 08:47 AM
Addendum_4_Heavy_Construction_Eq u i pment_RFP_011723
Fri January 6 2023 09:51 AM
Addend u m_3_Heavy_Construction_Eq u i pment_RFP_011723
Thu December 29 2022 12:33 PM
Addend um_2_Heavy_Construction_Eq u i pment_RFP_011723
Wed December 21 2022 01:49 PM
Addendum_1_Heavy_Construction_Equipment_RFP 011723
Thu December 15 2022 09:27 AM
I have reviewed the
below addendum and
attachments (if
applicable)
F
F
F
F
Pages
2
2
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
Byron Howell
Wednesday, May 14, 2025 11:22 AM
Houstan Aragon; Adria Schiel; Bruce Barker; Karin McDougal; Matthew Conroy; Will
Grumet; Cheryl Pattelli; Rusty Williams; David Springer; Toby Taylor
Chris D'Ovidio; Fransisco Amparan; CTB
RE: SIGNATURE REVIEW: Construction and Forestry Products (U.S.A.) Customer
Purchase Order Agreement for New Excavator Pursuant to Cooperative Purchasing
Terms and Conditions Between Sourcewell and John Deere Construction Retail Sales
Follow up
Completed
This form is approved by legal.
Byron L. Howell
Assistant Weld County Attorney
Weld County Attorney's Office
1150 O Street
Greeley, Colorado 80632
970-400-4394
STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney
privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this
message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this
email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and
delete the message. Thank you.
From: Houstan Aragon <haragon@weld.gov>
Sent: Wednesday, May 14, 2025 11:01 AM
To: Adria Schiel <aschiel@weld.gov>; Bruce Barker <bbarker@weld.gov>; Byron Howell <bhowell@weld.gov>; Karin
McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>; Will Grumet <wgrumet@weld.gov>;
Cheryl Pattelli <cpattelli@weld.gov>; Rusty Williams <rwilliams@weld.gov>; David Springer <dspringer@weld.gov>;
Toby Taylor <ttaylor@weld.gov>
Cc: Chris D'Ovidio <cdovidio@weld.gov>; Fransisco Amparan <famparan@weld.gov>; CTB <CTB@co.weld.co.us>
Subject: SIGNATURE REVIEW: Construction and Forestry Products (U.S.A.) Customer Purchase Order Agreement for New
Excavator Pursuant to Cooperative Purchasing Terms and Conditions Between Sourcewell and John Deere Construction
Retail Sales
Importance: High
Good morning,
Please review and advise as to placement on the Monday, May 19, 2025, Agenda. Please also remember to
reply -all to this email.
Department Head — Respond as to Substance
Finance — Respond as to Funding
Purchasing — Respond as to Procurement Accuracy
Legal — Respond as to Form
Thank you,
COUNTY, CO
Houstan Aragon
Deputy Clerk to the Board
Desk: 970-400-4224
P.O. Box 758, 1150 O St., Greeley, CO 80632
011000
Join Our Team
-�
IMPORTANT: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged,
confidential or otherwise protected from disclosure. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication. Any disclosure,
copying, distribution or the taking of any action concerning the contents of this communication or any
attachments by anyone other than the named recipient is strictly prohibited.
2
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Toby Taylor
Wednesday, May 14, 2025 1:34 PM
Rusty Williams; Houstan Aragon; Adria Schiel; Bruce Barker; Byron Howell; Karin
McDougal; Matthew Conroy; Will Grumet; Cheryl Pattelli; David Springer
Chris D'Ovidio; Fransisco Amparan; CTB
RE: SIGNATURE REVIEW: Construction and Forestry Products (U.S.A.) Customer
Purchase Order Agreement for New Excavator Pursuant to Cooperative Purchasing
Terms and Conditions Between Sourcewell and John Deere Construction Retail Sales
Looks fine from Procurement perspective.
Toby Taylor MBA, NIGP-CPP
Procurement Manager
Weld County Finance
Desk: 970-400-4454
P.O. Box 758, Greeley, CO 80632
ttaylor@weld.gov
0 X 0 ®O
Join Our Team
IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the
person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by
return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Rusty Williams <rwilliams@weld.gov>
Sent: Wednesday, May 144, 2025 1:31 PM
To: Houstan Aragon <haragon@weld.gov>; Adria Schiel <aschiel@weld.gov>; Bruce Barker <bbarker@weld.gov>; Byron
Howell <bhowell@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>; Will
Grumet <wgrumet@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; David Springer <dspringer@weld.gov>; Toby
Taylor <ttaylor@weld.gov>
Cc: Chris D'Ovidio <cdovi io@weld.gov>; Fransisco Amparan <famparan@weld.gov>; CTB <CTB@co.weld.co.us>
Subject: RE: SIGNATURE EVIEW: Construction and Forestry Products (U.S.A.) Customer Purchase Order Agreement for
New Excavator Pursuant io Cooperative Purchasing Terms and Conditions Between Sourcewell and John Deere
Construction Retail Sales I
This is approved by Finance. There is funding in place.
From: Houstan Aragon <haragon@weld.gov>
Sent: Wednesday, May 14, 202511:01 AM
To: Adria Schiel <aschielta weld.gov>; Bruce Barker <bbarker@weld.gov>; Byron Howell <bhowell@weld.gov>; Karin
McDougal <kmcdougal@ iweld.gov>; Matthew Conroy <mconroy@weld.gov>; Will Grumet <wgrumet@weld.gov>;
1
Cheryl Pattelli <cpattelli@weld.gov>; Rusty Williams <rwilliams@weld.gov>; David Springer <dspringer@weld.gov>;
Toby Taylor <ttaylor@weld.gov>
Cc: Chris D'Ovidio <cdovidio@weld.gov>; Fransisco Amparan <famparan@weld.gov>; CTB <CTB@co.weld.co.us>
Subject: SIGNATURE REVIEW: Construction and Forestry Products (U.S.A.) Customer Purchase Order Agreement for New
Excavator Pursuant to Cooperative Purchasing Terms and Conditions Between Sourcewell and John Deere Construction
Retail Sales
Importance: High
Good morning,
Please review and advise as to placement on the Monday, May 19, 2025, Agenda. Please also remember to
reply -all to this email.
Department Head — Respond as to Substance
Finance — Respond as to Funding
Purchasing — Respond as to Procurement Accuracy
Legal — Respond as to Form
Thank you,
�86f
COUNTY, CO
Houstan Aragon
Deputy Clerk to the Board
Desk: 970-400-4224
P.O. Box 758, 1150 O St., Greeley, CO 80632
011000
Join Our Team
IMPORTANT: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged,
confidential or otherwise protected from disclosure. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication. Any disclosure,
copying, distribution or the taking of any action concerning the contents of this communication or any
attachments by anyone other than the named recipient is strictly prohibited.
2
Hello