residential lighting and appliance program - focus on energy
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REQUEST FOR PROPOSALS
ISSUED BY:
For
Residential Lighting and Appliance Program
Lighting and Showerhead Promotion
Proposal Due: Friday, October 18, 2013 at 3:00 pm CST
Issued: Tuesday, September 2, 2013
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TABLE OF CONTENTS
Definitions 3
1.0 General Information 5
1.1. Introduction 5
1.2. Background 5
1.3. Governance Structure of Focus on Energy 5
2.0 Information for Bidders 6
2.1. Objective 6
2.2. Proposal and Promotion Requirements 6
2.2.1. Eligible Products 6
2.3. Promotion Duration 7
2.4. Types of Proposals Requested 7
2.5. Markdown Promotions 7
2.5.1. Promotion Description 7
2.5.2. Qualifying Partners 7
2.5.3. Documentation Required 7
2.5.4. Markdown Incentives 8
2.6. Marketing 8
2.6.1. Requirements 8
3.0 Preparing and Submitting a Proposal 9
4.0 Proposal Submission Requirements 9
4.1. Terms and Conditions of Submission 9
5.0 Selection Criteria 10
Appendix A – Proposal Checklist and Signature Form 12
Appendix B – Marketing Plan for Promotion 13
Appendix C – Memorandum of Understanding (MOU) 14
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Definitions When capitalized, whether in singular or plural, the following words and phrases shall have the
following meanings in construing this Request for Proposals.
Bidder(s) means an entity submitting a proposal under this RFP for the participating in the Residential
Lighting and Appliance Program.
Commission or PSC means the Public Service Commission of Wisconsin.
Compliance Agent means the entity that performs audits to ensure that the Program Administrator,
Program Implementer, Program(s) and any Trade Allies comply with the Focus on Energy Policies and
Procedures Manual.
Customer(s) means a Customer of Wisconsin’s investor-owned utilities, municipal utilities and co-ops that
participate in Focus on Energy.
ENERGY STAR is a joint program of the U.S. Environmental Protection Agency and the U.S. Department of
Energy helping consumers save money and protect the environment through energy efficient products and
practices.
Fiscal Agent means the entity that in a fiduciary capacity, receives funds, distributes funds and accounts for
statewide energy efficiency and renewable energy Programs specified under Wis. Stat. §196.374(2)(a).
Focus on Energy means the statewide energy efficiency and renewable energy Programs specified under
Wis. Stat. §196.374(2) (a).
Independent Evaluator or Program Evaluator means the third party entity contracted by the Commission to
evaluate the performance of all Programs administered by the Program Administrator.
Market Sector(s) refers to Customer classification as commercial, industrial, agricultural or schools and
government.
Mass Markets Program(s) means the energy efficiency and renewable energy programs offered to Customers
of the Wisconsin energy utilities taking service on residential rates or tariffs. In addition, multi-family housing
is part of the Mass Markets Program portfolio, regardless of whether Customers are on a residential or non-
residential tariff.
Measure(s) means an energy-using appliance, piece of equipment, or practice that will result in reduced
energy usage at a comparable level of service.
Memorandum of Understanding (MOU) refers to the agreement required for Retailers and/or Manufacturers
to participate in the Program. The MOU sets forth the guidelines for marketing, invoicing, products and
budget.
Negotiated Cooperative Promotions (NCPs) are industry implementation plans with the negotiating parties
being the utility or energy efficiency provider sponsors and the lighting manufacturers and retailers submitting
implementation plans.
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Program Administrator means the entity that contracts with the energy utilities to develop and administer the
statewide Program under Wis. Stat. §196.375(2)(a).
Program and Program Area means the framework under which a Measure incentive or collection of
Measure incentives is offered to a Customer.
Program Implementer means an entity contracting with the Program Administrator to implement a Focus
on Energy Program.
Statewide Energy Efficiency and Renewable Administration (SEERA) means the organization created by
Wisconsin energy utilities to fulfill their obligations under 2005 Wisconsin Act 141.
Mass Markets Program(s) means the energy efficiency and renewable energy programs offered to
Customers of the Wisconsin energy utilities taking service on residential rates.
Trade Ally or Allies includes any independent organization that participates through the Program Implementer
to enable the delivery of Focus on Energy programs to end use Customers.
WaterSense is a partnership program by the U.S. Environmental Protection Agency, which seeks to protect the
future of the nation's water supply by offering people a simple way to use less water with water-efficient
products, new homes, and services.
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1.0 GENERAL INFORMATION
1.1. Introduction Focus on Energy is Wisconsin utilities’ statewide energy efficiency and renewable resource program funded
by the state’s investor-owned energy utilities, as required under Wis. Stat. § 196.374(2)(a), and participating
municipal and electric cooperative utilities. Focus on Energy has been in existence since 2001. Focus on
Energy works with eligible Wisconsin residents and businesses to install cost-effective energy efficiency and
renewable energy projects. Focus on Energy information, resources and financial incentives help to
implement projects that otherwise would not be completed, or to complete projects sooner than scheduled. Its
efforts help Wisconsin residents and businesses manage rising energy costs, promote in-state economic
development, protect our environment and control Wisconsin’s growing demand for electricity and natural
gas. Additional information on the Focus on Energy programs can be found at www.focusonenergy.com. In
addition, several documents have been provided as attachments to this RFP to further assist Bidders in
formulating a response
1.2. Background
The 2005 Wisconsin Act 141 (Act 141) established the requirement that Wisconsin investor-owned energy
utilities collectively establish and fund a statewide energy efficiency and renewable resource program. To
accomplish their duties under Act 141, the investor-owned energy utilities formed a non- profit organization
called SEERA. Municipal utilities (munis) and rural electric cooperatives (co-ops) have the option to
participate in this statewide program – all 82 munis and approximately half of the 24 co-ops have elected to
participate.
1.3. Governance Structure of Focus on Energy
The primary roles and organizations that make up the Focus on Energy governance structure include:
Statewide Energy Efficiency and Renewable Administration (SEERA): This organization creates,
funds and contracts for the administration of statewide energy efficiency and renewable energy
programs.
Public Service Commission of Wisconsin (PSC): This is the independent state agency that regulates
Wisconsin’s public utilities and oversees Focus on Energy.
Fiscal Agent: The fiscal agent is responsible for paying all approved invoices and incentives for Focus
on Energy.
Compliance Agent: The organization performs annual audits of Focus on Energy activities and
expenditures to ensure that funds are spent prudently and consistently with Focus on Energy
Policies and Procedures Manual.
Independent Evaluator or Program Evaluator: The organization performs annual process and
impact evaluations and assesses program and portfolio cost-effectiveness.
Program Administrator: The current Program Administrator for Focus on Energy is Shaw
Environmental and Infrastructure, Inc. The Program Administrator is responsible for working with
the PSC to establish portfolio, Market Sector and individual program goals and budgets. It is
responsible for bidding out all programs, selecting and negotiating contracts, and managing
program and portfolio performance and goals. The Program Administrator is not allowed to
implement programs in Wisconsin.
Program Implementers: These organizations deliver energy efficiency and renewable energy
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programs to eligible Wisconsin Customers and are responsible for meeting the program goals as
established by the Program Administrator and PSC.
2.0 INFORMATION FOR BIDDERS
2.1. Objective
Focus on Energy (herein referred to as Sponsor) requests proposals for Negotiated Cooperative Promotions
(NCPs) with Lighting and Appliance Manufacturers and Retailers selling ENERGY STAR certified lighting
products and WaterSense labeled low flow showerheads as part of its Residential Lighting and Appliance
Program (herein referred to as Program). The Program is designed to reduce customer peak demand and energy
usage, which helps customers save on their bills, leading to increased customer satisfaction and to make
significant contributions to Wisconsin’s energy efficiency goals. The proposals should detail comprehensive
promotional plans that maximize cost-effective energy (kilowatt-hour) savings to Wisconsin utility customers
with a focus on increasing the sale and awareness of a wide variety of quality ENERGY STAR certified lighting
products and WaterSense labeled low flow showerheads. Promotions should be designed to complement core
aspects of the Sponsor’s strategic marketing plan (see the Marketing section).
We invite Manufacturer/Retailer teams to submit proposals for the use of promotional incentives, and encourage
innovative and creative approaches to ENERGY STAR lighting promotions. Additionally, the Sponsor is
increasingly interested in maximizing the environmental attributes of energy efficient lighting and would like to
learn more about each manufacturer’s corporate position on the rated life and Mercury content of the bulbs
proposed, as well as efforts to encourage lamp and appliance recycling. Manufacturers are required to abide by
all local, state and federal Mercury laws in order to participate.
There are two options for participation:
Product Markdowns
Other (See Types of Proposals Requested)
2.2. Proposal and Promotion Requirements
2.2.1. Eligible Products
All ENERGY STAR certified screw-based CFLs (as listed on www.energystar.gov). Promotional products must
be certified under the most current version of the relevant ENERGY STAR specification as of the start date of
the proposed promotion.
All ENERGY STAR certified screw-based LED bulbs (as listed on www.energystar.gov). Promotional products
must be certified under the most current version of the relevant ENERGY STAR specification as of the start
date of the proposed promotion.
All low flow showerheads ≤ 1.75 GPM. Preference in this category will be given to higher quality products that
meet the GPM requirement and meet the EPA criteria for WaterSense.
Note: Sponsor reserves the right to exclude specific products from this promotion for any reason including
results of independent, third-party testing. Manufacturers may offer replacement products; however, Sponsor is
under no obligation to accept these replacements.
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2.3. Promotion Duration
The promotion duration is January 1, 2014 through December 31, 2014. Based on performance of promotions,
Sponsor may consider extension requests beyond December 31, 2014.
2.4. Types of Proposals Requested
Sponsor requests proposals for promotions from manufacturer-retailer partner teams or from retailers on their
own. In addition to Markdown promotions, respondents should consider a variety of promotion types and are
encouraged to submit proposals for other promotion structures that may represent a different or new opportunity
that has not yet been implemented. For any proposal submitted that is different than Markdown, responders must
submit a full and complete description of the promotion as well as the full detail of all products being proposed.
Sponsor would also like to see proposals that contain creative marketing and product diversity. Alternatives to
markdown promotions will be given equal consideration by Sponsor, and any proposed promotion may include
one or more promotional elements.
Preference will be given to proposals that include strong manufacturer and/or retailer promotional marketing
support (see Marketing section). Sponsor encourages manufacturers and retailers to be innovative and creative
in developing approaches to promoting ENERGY STAR certified lighting and qualified low flow showerheads.
2.5. Markdown Promotions
Partners may apply for the reduction of regular retail prices on ENERGY STAR certified lighting products and
qualified low flow showerheads through Product Markdowns.
2.5.1. Promotion Description
Respondents will apply for a Markdown by proposing maximum quantities of each product for consideration
and the amount of reimbursement requested for each product (see Target Incentive Table for guidelines).
Reimbursement for product sales will be made at 100% of the agreed amount upon receipt of store level sales
data. Instructions for data submittal will be included in the Memorandum of Understanding (MOU). Data will be
provided, along with invoicing, on a monthly basis unless a less frequent period is agreed upon in advance. In
addition to monthly invoicing, reports of sales data, including store and SKU specific data will be made on a
weekly basis.
2.5.2. Qualifying Partners
Preference will be given to proposals from retail outlets with electronic Point of Sale (POS) systems.
2.5.3. Documentation Required
Proposals MUST include sample POS reports in order to be considered. This report will include sales data by
SKU, store location, and date range. Additionally, documentation of delivery to store locations may also be
required. Once product mix, packaging and quantities are established and agreed upon, they cannot be changed
without prior written Sponsor approval.
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2.5.4. Markdown Incentives
Maximum Incentive per Measure:
Measure Maximum Incentive per Bulb
Standard CFL $1.25
Specialty CFL $1.50
LED Bulbs / Luminaires $10.00
Low Flow Showerheads $10.00
Partners wishing to participate in the Program that are not willing to initiate or are incapable of markdown
programs can apply for participation in the Instant Coupon Program. The Instant Coupon Program allows the
Retail Partner to award incentive dollars to Wisconsin customers on any ENERGY STAR certified CFL through
the use of a coupon. Customer selects certified CFL from Retailer’s stock, completes the Instant Coupon and
Retailer issues instant rebate at time of purchase. Retailer then submits completed coupons to the Program
(through its reimbursement contractor) for reimbursement.
2.6. Marketing
Manufacturers/retailers are encouraged to consider adding the following marketing activities in their proposals:
Enhance Sponsor’s promotions at retail through the use of advertising in media such as newspapers and
radio spots.
Planned promotional themes include: Energy Efficiency Month (Oct.) and Earth Day.
Reinforce brand recognition in the marketplace by making use of Partner Point of Purchase (POP)
Templates or when developing unique materials
Support Sponsor’s efforts to educate consumers about the benefits of ENERGY STAR certified lighting
products and how to buy them, e.g. matching particular products to particular applications.
Creative retail associate trainings and sales contests, in-store promotional events, dedicated product
placement in prominent store locations and comprehensive point-of-purchase placement.
Special POP materials, dedicated end caps and floor displays, advertising, consumer education
activities, wholesale or retail discounting, and/or special packaging.
2.6.1. Requirements
All advertising and POP materials MUST feature the Sponsor logo. All use of Sponsor, ENERGY
STAR, or other logos must be in compliance with appropriate logo use guidelines. Logo and Brand
Guidelines will be presented to each partner upon issuance of the MOU.
All Creative Materials (POP, advertising, collateral) must be submitted for approval prior to printing or
production.
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All Creative Material must adhere to all Sponsor Marketing and Brand Standards as well as the U.S.
EPA and DOE ENERGY STAR Identity Guidelines.
3.0 PREPARING AND SUBMITTING A PROPOSAL
Proposals must include:
A separate, completed Request for Promotional Support Workbook (see attached MS Excel file). In the
workbook, a separate Promotion Detail Worksheet(s) must be completed for each promotion. The workbook
has a Summary Worksheet which is protected and automatically tallies total proposed promotional activities
when the Promotional Detail Worksheets are filled in. Manufacturers partnering with more than one retailer,
as well as retailers partnering with more than one manufacturer, must include ALL promotions in a single
Request for Promotional Support Workbook. Promotion types may vary for any promotions included in a
submitted Summary Worksheet. Incomplete Workbooks will not be considered.
Sample POS reports that include sales data by SKU, store location, and date range.
Manufacturer’s and/or Retailer’s overall previous performance history in past Sponsor programs or other
similar utility-Sponsored NCP programs.
Completed Sponsor Program Negotiated Cooperative Promotion RFP Checklist and Signature Form. Please
submit multiple signature pages for each proposed promotion
Completed Marketing Plan for Negotiated Cooperative Promotions, including any special event details and
proposed POP samples or other marketing materials
4.0 PROPOSAL SUBMISSIONS REQUIREMENTS
The deadline for submission of proposals is Friday, October 18, 2013 at 3:00 pm CST.
Please send an electronic copy of your proposal by email to Kate.Wesselink@appliedproactive.com. Items that
cannot be sent electronically must be sent as hardcopy. These materials must also be received by Friday,
October 18, 2013 at 3:00 pm CST.
Mailing Address:
Focus on Energy Residential Lighting and Appliance Program
c/o Applied Proactive Technologies
6425 Odana Rd., Suite 15
Madison, WI 53719
Questions regarding this RFP, developing a negotiated cooperative promotion proposal, or other aspects of the
Sponsor’s Programs should be directed to Kate Wesselink at Kate.Wesselink@appliedproactive.com.
4.1. Terms and Conditions of Submission
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All proposals, along with all other documentation, submitted in connection with this RFP shall become and will
remain the property of Focus on Energy and will not be returned to Bidder. However, at the end of the bid
evaluation process, all Bidder proposals shall be destroyed except for one proposal which shall be maintained by
the Program Administrator. Copies of successful Bidder proposals will be retained and used during the contract
negotiation and program launch period.
By submitting a proposal pursuant to this RFP, Bidders acknowledge and agree that (a) they will be fully bound
by the terms and conditions of this RFP in submitting their proposals, (b) they have had the opportunity to seek
independent legal and financial advice of their own choosing with respect to this RFP and their proposals, (c)
they have obtained all necessary authorizations, approvals and waivers, if any, required by them as a condition
of submitting their proposals, (d) they are submitting their proposals subject to all applicable laws, (e) they have
not engaged and will not engage in communications with any other Bidder in the RFP concerning the price or
other economic terms contained in their proposals and have not engaged in collusion or other unlawful or unfair
business practices in connection with this RFP. Additional terms and conditions for Focus on Energy contracts
are included in Appendix C.
5.0 SELECTION CRITERIA
Selection and funding of any submitted proposal will be based on:
Ability to provide accurate, complete verifiable store-level sales data – preference will be given to
computerized Point of Sales (POS) data and to those proposers that are able to provide pre and post
promotional activity sales data.
Product Quality: all lighting products must be ENERGY STAR certified and all model numbers must appear
on the current qualified product lists found on the ENERGY STAR website at the start date of the
promotion. All low flow shower heads must be ≤ 1.75 GPM and meet the EPA criteria for WaterSense.
Creative marketing plans, special events that tie in other Sponsor retail based conservation programs at DIY
and mass merchandise stores and/or consumer education plans that support the Sponsor marketing outlined
in this RFP.
Frequency of in store and general media promotions and promotional product placement.
Manufacturer’s and/or Retailer’s overall previous performance history in past Sponsor programs or other
similar utility-Sponsored NCP programs. This history includes, but is not limited to, the ability to provide
SKU level sales data for the proposed promotional period one year prior to the proposed promotion (thus
enabling better program impact analyses).
Proposed product mix – variety/style of CFLs, including specialty products (dimmable, 3-way, reflector,
flood, “covered” product) and a range of product wattages.
Point of Purchase materials and displays used to enhance Sponsor promotions at retail. These materials
should reinforce brand recognition and generate awareness of Sponsor Sponsorship.
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Existence of any retailer and/or manufacturer Sponsored in-store CFL recycling plan.
Sponsor reserves the right to refuse any proposal or to negotiate the specifics of any submitted promotion,
including funding levels. Incentive funds will be available only upon written confirmation (MOU) from
Sponsor. Bidders should understand that ACTUAL incentive amounts will be based on compliance with the
MOU and performance of the Bidders and are not guaranteed. Sponsor reserves the right to subsequently
reallocate or deny funding of promotions which fail to comply with MOU guidelines or are deemed non-
performing. If Sponsor determines that a promotion partner’s entire MOU allocation will not be exhausted,
Sponsor may consider the partner as non-performing and reallocate funding.
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Appendix A PROPOSAL CHECKLIST AND SIGNATURE FORM
The following information must be submitted to participate in the Focus on Energy Residential Lighting and
Appliance Program Negotiated Cooperative Promotion (please complete one for each retail partner):
Please indicate the promotion for which you are submitting a proposal.
_____ Markdown Program _____ Instant Coupon Program _____ Other
If applying for the Markdown program, please indicate that the Workbook is completed.
_____ Promotional Support Workbook for Markdown
If applying for the Markdown program, please indicate that the sales data is included.
_____ Samples of store level sales data reports
If applying for the Markdown program, please identify how products will be shipped to retailer partners.
_____ Product will be shipped by manufacturer directly to the each retail location
_____ Product will be shipped to the retailer’s central distribution center for delivery to each retail location.
If applying for the Markdown program, sales data to be provided by:
_____ Manufacturer _____ Retailer
Reimbursement to be paid to: _____ Manufacturer _____ Retailer
Other Items to include:
_____ Product Shipping Schedule _____ Description of Marketing Plan
_____ Manufacturer’s and/or Retailer’s overall previous performance history in past Sponsor programs or other
similar utility-Sponsored NCP programs.
By submitting this Form, I acknowledge that I have executed a Focus on Energy Request for a Manufacturer and
Retailer Negotiated Cooperative Promotion Proposal and that approval of a Proposal is contingent upon my
complying with the RFP requirements. I understand that incentive funding is available only upon written
confirmation (MOU) from the participating sponsors. Incentives per product cannot exceed the wholesale
purchase price. I agree to implement the promotion as described in the MOU upon receipt of written
confirmation. I understand that ACTUAL incentive amounts will be based on compliance with the MOU and
my performance in this promotion are not guaranteed. Sponsor reserves the right to reallocate or deny funding of
promotions which fail to comply with MOU guidelines or are deemed by Sponsor as non-performing. The
Sponsor may refine any selected proposal through subsequent discussions and negotiation with the proposing
party. The Sponsor also retains the right to reject any and all submitted proposals.
Authorized signatures:
Retailer:________________________________ Manufacturer:____________________________________
Print name:_____________________________ Print Name:______________________________________
Date: _________________________________ Date: ___________________________________________
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Appendix B
MARKETING PLAN FOR PROMOTION
Retailer Name: ________________________ Manufacturer: __________________________
Proposed Start and End date(s) of marketing:
Please provide short narrative of promotion’s theme:
Describe (and provide drafts/samples if available) of all “point of purchase” (POP) marketing to be used in
promotion (check all that apply):
Proposed Type of POP Description
Special Packaging
Shipper displays
Signage
Other:
Describe or provide drafts/samples (if available) in detail the advertising (print and/or broadcast media) to be
used in support of promotion. Please include timetable and frequency of advertising:
OTHER: Please describe any other type of promotional activities (such as “in store” demonstrations, etc):
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Appendix C
Memorandum of Understanding
For the Mass Markets Portfolio ENERGY STAR® Lighting and Appliances Program
Between
Retailer
and
Manufacturer
and
Shaw Environmental & Infrastructure, Inc., as the
Wisconsin Focus on Energy Program Administrator
MOU # 2014-0XXX
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Promotion Description:
Retailer (herein referred to as “Retailer”), Manufacturer (herein referred to as “Manufacturer”), and Shaw
Environmental & Infrastructure, Inc., as the Wisconsin Focus on Energy Program Administrator (“Sponsor”),
agree as of this XX day of XXX, 20XX (“Effective Date”) to enter into this Memorandum of Understanding
(“MOU”) to jointly participate in product Mark-down (the “Promotion”) to promote the sale of ENERGY
STAR certified lighting products (“Products”) described in Attachment A through the Retailer’s retail outlets
identified on Attachment A for the time period beginning on January 1, 2014 and ending on December 31,
2014 (“Promotion Term”). The term of this MOU shall run concurrently with the Promotion Term.
ALL of the following stipulations MUST be met by Manufacturer in order for payment from Sponsor to
Manufacturer to take place in connection with the Promotion:
ENERGY STAR Compliance
Ensure that all lighting Products sold as part of the Promotion will comply with the current ENERGY
STAR qualifications and are listed on the ENERGY STAR web-site.
Ensure all Products are labeled with the ENERGY STAR label.
Marketing and Point of Purchase
Guarantee that all Point of Purchase (“POP”) materials and advertising, pertaining to the promotion, are
approved in writing by Sponsor prior to going to print (proposed advertising to be provided in advance
by Manufacturer via email to Applied Proactive Technologies’ (“APT”) main contact listed below.
Execute the detailed marketing plan set forth as Attachment B, Negotiated Marketing Plan, attached
hereto and incorporated herein by reference. Any alterations to the Negotiated Marketing Plan proposed
by Manufacturer must be approved by Sponsor and cleared in advance in writing through the APT main
contact.
Under no circumstances shall any marketing and advertising materials, pertaining to the promotion, be
released or transmitted to the public by Retailer or Manufacturer without approval as contemplated in
this MOU. Failure of Sponsor to provide their written acceptance, as set forth herein, shall not constitute
Sponsor’s approval and acceptance.
Product Guidelines
Limit Product purchases to 12 total bulbs per customer purchase.
Instant coupons, from any other Sponsor sponsored coupon program may not be submitted for any
Product that was sold through this Promotion or any other mark-down promotion, regardless of the sales
date.
Submit any proposed changes to product mix described in Attachment A to the APT main contact for
acceptance and approval.
PAYMENT INFORMATION
Invoices submitted by Manufacturer in order to receive reimbursement in connection with the Promotion
must be submitted to Energy Federation, Inc. (“EFI”) and must be accompanied by and comply with all
of the following:
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A redemption form cover sheet. This form should provide a summary total for any reimbursement
payments being requested by Manufacturer in connection with the Promotion. It should reference the
MOU number authorizing the use of agreed upon incentives to mark down Product prices as
contemplated herein. It should indicate to what address Manufacturer would like the payment sent, and
it should be signed by an authorized representative of the manufacturer or retailer attesting to the
accuracy of the documents accompanying the form.
A standard invoice from Manufacturer, with an invoice number and invoice date. The invoice must
reference the MOU number authorized numbering conjunction with this MOU, and list the number of
Product units sold and incentive amounts by each Product model. Product models should be identified
by the manufacturer model number and a description. Manufacturer will submit invoices approximately
monthly during the Promotion Period, and payment is due net thirty (30) days from the date of
Manufacturer’s invoice.
All final invoices must be submitted by January 31, 2015. Invoices submitted after January 31, 2015,
will not be processed for payment.
Point of Sale (“POS”) data and the corresponding reimbursement request for products sold must
be submitted to the fulfillment contractor on a monthly basis for each month of the Promotion
Term.
POS data must accompany all submitted Mark-down invoices. The POS report must clearly
indicate that it was generated by the retailer, and should derive from a computerized sales order and
inventory management system. The report must list sales by Product model, by store location, and
by date range. If a retailer cannot provide a computerized POS report, but instead proposes to use
some other method of identifying and reporting sales, such as pre and post promotion inventory
counts, the written approval of Sponsor to do the same must be obtained prior to the commencement
of the Promotion. A copy of the final agreed to sales report must accompany this MOU as
Attachment C before the promotion can begin.
POS sales data for all promotional Products is due by the 20th of every month for the previous
month’s sales. The final date for submission of all sales data to be used to verify Products sold
through the Promotion is January 31, 2015, unless such date is otherwise expressly extended in
writing by Sponsor. Sponsor reserves the right to, from time to time, evaluate and/or measure
Promotion Product sales to determine the effectiveness of the MOU and Retailer’s and or
Manufacturer’s activities in connection with the same. If the retailer and/or manufacturer do not
meet the terms and conditions set forth in this MOU or are incapable of selling Product in a manner
that is consistent with the Promotion’s goals (as determined by Sponsor), Sponsor reserves the right
to reallocate funding for the Promotion and to terminate this MOU. Sponsor will provide fourteen
days written notice prior to termination. Sponsor agrees to pay the incentives as specified in
Attachment A on qualified products sold prior to the date of termination. Store sales reported must
be NET sales for the report period, rather than simply YTD or Promotion-to-date figures.
Product Mark-downs are to run for the Promotion Term or until total funding has been exhausted. POS
reports supporting invoice payment requests should clearly indicate period beginning and ending dates,
and these dates should correspond with, or fall within, the Promotion Term start and conclusion dates
defined in this MOU. If extensions of the Promotion are requested by Manufacturer, such extensions
must be agreed to in advance in writing by Sponsor, which written authorization, if received, must be
provided promptly by Manufacturer to EFI.
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POP Logos and Language:
The Sponsor logo must be added to all materials and advertising approved for use pursuant to this MOU
(except for pre-printed, stock product packages) but shall only be used in the form and format as such
logos are provided for use by Sponsor.
Sponsor will provide logo and brand standards at the request of the Retailer and/or Manufacturer.
Retailer and Manufacturer acknowledge and agree that Sponsor is the lawful owner of all right, title and
interest in and to their respective names and logos and that neither Retailer nor Manufacturer will at any
time dispute or contest, directly or indirectly, Sponsor’s exclusive right and title to, and validity of, its
respective name and logo. Retailer and Manufacturer agree to take no action inconsistent with
Sponsor’s ownership of its respective name and logo or that is likely to subject Sponsor to claims by
third parties or potential loss of any rights therein, and agrees and acknowledges that its use of the
Sponsor name and logo inures to the benefit of Sponsor. Sponsor hereby grants Manufacturer the right
to use their name and logo in connection with the Promotion pursuant to the terms and conditions
contained in this MOU. The right to use such names and logos as set forth herein shall be concurrent
with the term of this MOU and any and all such rights shall terminate upon termination of this MOU for
any reason. Manufacturer acknowledges that maintaining a high standard of quality for the Promotion
materials bearing the Sponsor name and logo and maintaining the goodwill associated with such names
and logos are of substantial importance to Sponsor. Retailer and Manufacturer therefore agree that all
materials to be use in connection with the Promotion shall be submitted for review by Sponsor as set
forth in this MOU.
OTHER:
Limited Liability
Sponsor’s total liability under this MOU shall be limited to paying the promotional fees as set forth herein but
only if and as such promotional fees become due and payable pursuant to the terms and conditions set forth in
this MOU and provided that Retailer and Manufacturer have complied with all of the terms and conditions
contained in this MOU.
Indemnity
Each of Retailer and Manufacturer shall indemnify, defend and save harmless Sponsor and its officers, directors,
representatives, shareholders, employees, affiliates, agents, and successors from and against any and all
damages, losses, liabilities, claims, lawsuits and expenses (including reasonable attorney's fees) arising out of or
resulting from (i) such party’s performance of its obligations under this Agreement (including actions or
omissions of such party in connection with this Agreement), (ii) failure of the Products to comply with any and
all warranties applicable to them, or (iii) any and all claims based on product liability with respect to the
Products including but not limited to any Product defects, deficiencies or nonconformities, Product design and
manufacture, or the storage and handling of the Products.
Retailer and Manufacturer hereby expressly agrees to protect, defend, hold harmless and indemnify Sponsor
and its officers, directors, representatives, shareholders, employees, affiliates, agents, and successors from and
against any liability, claim, damage, cost or expense (including reasonable attorney’s fees) whether during or
after the term of this MOU, arising out of or resulting from any actions alleging or determinations made that the
Products infringe any issued patent, or that any of the Products infringe any copyright, trade secret, or any other
intellectual property rights of any third party.
18
Residential Lighting and Appliance Program
Request for Proposals
Miscellaneous
This MOU embodies the entire agreement and conditions relating to the subject matter hereof. This MOU may
only be amended or modified by an instrument in writing duly executed by the parties hereto. Changes to the
Promotion Term and/or Attachment A may be communicated by Sponsor via a “Notification of Program
Change” document. Changes identified on this document will become effective on the specified Effective date
as the document’s receipt is acknowledged by Manufacturer.
This MOU shall be governed and construed in accordance with the laws of the State of Wisconsin. The waiver
by a Party of a breach or provision of this MOU shall not operate or be construed as a waiver of any subsequent
breach by any of the parties hereto. This MOU shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, executors, administrators, successors and assigns. The relationship of the
parties is that of independent contractors. None of the provisions of this Agreement is intended to create nor
will be construed to create an agency, partnership or employment relationship among or between the parties. No
party, nor any of its respective officers, members, or employees, will be deemed to be the agent, employee, or
representative of the other parties. The provisions contained in this MOU which by their nature or effect are
required or intended to be observed, kept or performed after expiration or termination of this MOU shall survive
termination of this MOU and continue to bind the parties.
19
Residential Lighting and Appliance Program
Request for Proposals
MAIN CONTACTS FOR PROMOTION
Kate Wesselink
Applied Proactive Technologies, Inc.
Kate.Wesselink@appliedproactive.com
608-467-2440
866-602-3442 fax
EFI PAYMENT/REIMBURSEMENT SUBMISSION INFORMATION
Focus on Energy Program
Attn: EFI NCP
40 Washington St, Suite 2000
Westborough, MA 01581
508-870-2277 x 4515
efincp@efi.org
In witness whereof, the parties have caused this MOU to be signed by their respective duly authorized
representatives.
Shaw Environmental & Infrastructure, Inc., as the Wisconsin Focus on Energy Program Administrator
Signature
Date
Print Name
Title
Phone #
Retailer
Signature
Date
Print Name
Title
Phone #
Manufacturer
Signature
Date
Print Name
Title
Phone # Email
20
Residential Lighting and Appliance Program
Request for Proposals
Attachment A, Negotiated Promotion Detail Worksheet
MFG: Manufacturer
Retailer: Retailer
Current allocated funding for this promotion:
SPONSOR ALLOCATED FUNDING / CAP
Shaw Environmental & Infrastructure, Inc., as the Wisconsin Focus
on Energy Program Administrator $ XX,XXX.XX
Participating Store Locations:
Store
Number Address City State Zip
21
Residential Lighting and Appliance Program
Request for Proposals
Attachment A continued, Negotiated Promotion Detail Worksheet
MFG: Manufacturer
Retailer: Retailer
Funding Worksheet
Type
Model
# Watt Description
Rated
Life (in
hours)
Number of
Packages
# of
Bulbs
per
Pack
Manufacturer
Incentive Request of
Sponsor /pkg
Target
Retail
Pricing
/pkg
Total #
of
Bulbs
Total Requested
Sponsor
Contribution for
Product
Standard
Standard
Standard
Standard
Total Standard
Specialty
Specialty
Specialty
Specialty
Total Specialty
Total All Products
22
Residential Lighting and Appliance Program
Request for Proposals
Attachment B: Negotiated Marketing Plan
MFG: Manufacturer
Retailer: Retailer
Insert Marketing Plan.
23
Residential Lighting and Appliance Program
Request for Proposals
Attachment C: Example of Agreed Upon Sales Report
MFG: Manufacturer
Retailer: Retailer
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