Harris County Department of Education (HCDE) RFP Cover Sheet Job No.: 07/037LB Due Date: 12/06/07 DUE NO LATER THAN 1:00 P.M. LATE BIDS WILL NOT BE ACCEPTED Request for Proposal (RFP) For: Automated External Defibrillator (AED) and Related Items for Harris County Department of Education (HCDE) and Purchasing Cooperative. PLEASE NOTE Carefully read entire proposal document and specifications. Complete all forms Submit your bid with all appropriate Supplements. Please submit your hard copy proposal in a sealed envelope with job no., description, and marked “SEALED PROPOSAL”. RETURN PROPOSAL TO: Attn: Lytrina Bob – Purchasing Harris County Department of Education 6300 Irvington Blvd., Room 224 Houston, TX 77022-5618 For additional information contact Lytrina Bob at (713) 696-2112 You must sign below in INK, failure to sign WILL disqualify the offer. All prices and responses must be typewritten or written in ink Company Name: Company Address: City, State, & Zip Taxpayer I.D. # Telephone # E-mail Print Name Signature Total Amount of Proposal: $_____________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________ Fax#________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ Your signature attests to your offer to provide the goods and/or services in this proposal according to the published provisions of this Job. Contract is not valid until HCDE Board has approved the award. ACCEPTED BY: __________________________ HCDE Board Approval Page 1 of 18 DATE: ________________ TABLE OF CONTENTS Items checked below represent components which comprise this bid/proposal package. If the item IS NOT checked, it is NOT APPLICABLE to this bid/proposal. Offerors are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately. It is the Offeror's responsibility to be thoroughly familiar with all Requirements and Specifications. Be sure you understand the following before you return your bid packet. __X__ 1. Cover Sheet (page 1) Your company name, address, the total amount of the bid/proposal, and your signature (IN INK) should appear on this page. __X__ 2. Table of Contents (page 2) This page is the Table of Contents. __X__ 3. Terms and Conditions (page 3-5) You should be familiar with all of the requirements. __X__ 4. Specifications (page 6-7) This section contains the detailed description of the product/service sought by the HCDE. __X__ 5. Price Delivery Information (page 8) __X__ 6. Attachments (Submittals) Page 2 of 18 __X__ a. Proposal Submission Form (page 9) __X___ b. Felony Conviction Notice (page 10) __X__ c. Bid Certification Sheet (page 11) __X__ d. No Response Form (page 12) __X__ e. References (page 13) __X__ f. Minimum Insurance Requirements (page 14) __X__ g. Automated External Defibrillator Questionnaire (page 15) __X__ h. Conflict of Interest Questionnaire (page 16-18) TERMS AND CONDITIONS ASSIGNMENT - Any award made as a result of this solicitation, may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by the vendor. CANCELLATION – HCDE reserves the right to cancel this solicitation. (See paragraph “Financial Responsibility”). CHANGES - Any changes to the requirements specified herein will be communicated to all proposers by the issuance of an addendum. All proposers shall comply with the requirements specified in any addendum issued by HCDE. CUSTOMER REFERENCE LIST – The proposer may be required to submit a customer reference list. CONTRACT TERM – The initial term of the contract will be for a period of one (1) year with HCDE having the option to renew the contract four (4) additional years in one (1) year increments. Consequently, the total term of the contract may be for a period of four (4) years. Because all services will be provided on an “as needed” basis, HCDE makes no representation either orally or in writing to the amount of temporary services HCDE will use during the term of the contract(s). DISQUALIFICATION - A proposer may be disqualified before or after the proposals are opened, upon evidence of collusion with the intent to defraud, or perform other illegal activities for the purpose of obtaining an unfair competitive advantage. EXCEPTIONS – Proposers are responsible for identifying any exceptions to the requirements specified herein. Any exceptions must be noted on the proposer’s letterhead and returned with the proposal. Proposals, which are qualified with conditional clauses, items not called for, or irregularities, may be considered non-responsive by HCDE. FOB – All shipments shall be FOB destination full freight allowed. FINANCIAL RESPONSIBILITY – HCDE assumes no financial responsibility for any costs incurred in developing and submitting a proposal. FORMAT –Proposals shall include one (1) original complete proposal. Proposers are responsible for ensuring their proposal is received at the time and place specified on the cover page. HCDE is not responsible for proposals that arrive late, or proposals that do not have all the required information. INDEMNIFICATION - The vendor shall indemnify and hold harmless HCDE from all liabilities, costs, expenses, attorney fees, fines, penalties or damages for any or claimed infringement of any patents, trademarks, copyright or other corresponding right(s) which Page 3 of 18 is related to any item the vendor is required to deliver. The vendor’s obligation to this clause shall survive acceptance and payment by HCDE. INSURANCE – The successful proposer shall be required to provide HCDE with copies of certificates of insurance, named as additional insured, Texas Workman’s Compensation and General Liability Insurance. INTERPRETATION – This solicitation represents the basis for any award, and supersedes all prior offers, negotiations, exceptions and understandings (whether orally or in writing). The information submitted should be self-explanatory and not require any clarification or additional information. INVOICES – HCDE and cooperative members will be invoiced directly; payment terms are net thirty (30) days. PENALTIES- If a successful proposer is unable to provide the awarded items at the quoted prices, after the proposal has been opened, HCDE may take the following action(s): • Insist the successful proposer honor the quoted price(s) specified in their respective proposal; • Have the successful proposer pay the difference between their price, and the price of the next acceptable proposal (as determined by HCDE); • Recommend to HCDE’s Board of Trustees the successful proposer no longer be given the opportunity to submit a proposal to HCDE. PERFORMANCE - The successful proposers will use best efforts to provide the services mutually agreed upon. POSTPONEMENT - The time and place established for the receipt of the proposals will not be changed unless otherwise specified (in writing) by HCDE’s Director of Purchasing. PRICES- All prices shall be firm for the contract order period. All prices quoted shall include a two percent (2%) participation fee to be remitted to HCDE. HCDE will invoice contractor for this participation fee on a quarterly basis of gross sales. At time of renewal, prices may be reviewed and negotiated. PROFESSIONAL SERVICE CONTRACT – The successful proposers will be required to complete a Professional Service Contract. QUESTIONS – Questions regarding the requirements specified in this solicitation must be faxed to (713) 694-0720 attn: Lytrina Bob no less than three (3) working days before the proposals are due. Questions must be sent on the proposer’s letterhead, dated and signed by an authorized representative of the proposer’s company. HCDE will not answer verbal questions. Any responses to the proposer’s questions will be reduced in writing by HCDE and provided to all proposers. Page 4 of 18 QUALITY - Any order issued as a result of this solicitation will conform to the specification and descriptions identified herein. Unless otherwise specified, the vendor will not deliver substitutes without prior authorization. RESPONSIBLE PROPOSER - A responsible proposer is a proposer who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements (taking into consideration existing business commitments), and is a qualified and established firm regularly engaged in the type of business that provides the items listed herein. RESPONSIVE PROPOSAL - Refers to a proposal that complies with all material and administrative aspects of this solicitation. RETURN OF PROPOSALS – Proposals once submitted will not be returned. TAXES - HCDE is tax – exempt. Proposals prices should not include taxes. TIE PROPOSALS - Should a tie occur (i.e., unit price is the same) between a nonresident proposer and a Texas resident proposer, Purchasing will make an award to the Texas resident proposer, as defined in Vernon’s Annotated Civil Statues Article 601g, Sections 1 and 2. TITLE AND RISK OF LOSS - The title to any item shall pass upon acceptance or payment, whichever is later. Page 5 of 18 BACKGROUND The intention of this Request for Proposal (RFP) is to solicit proposals for Automated External Defibrillators (AED) and related items to be used on campuses associated with Harris County Department of Education and the Purchasing Cooperative. A pre-proposal meeting is scheduled for December 4, 007 at 9:00 am at 6300 Irvington Blvd., Houston, Texas 77022. For information regarding the proposal process, contact Lytrina Bob of the Purchasing Division at (713) 696-2112. SPECIFICATIONS The device must meet the following minimum requirements. HCDE will consider other products that are similar and comparable to the equipment listed below: Defibrillator • Automatic operation • Biphasic truncated exponential waveform • 100J to 360J energy range • Five energy protocols • Comprehensive voice instructions to guide user through rescue process • Text screen that displays written instructions to guide user through rescue process • Visible indicators (i.e. battery status, service indicator, pad, indicator, etc.) • Audible voice prompts and system alerts • Built in automatic synchronization shock feature • Pacemaker pulse detection • Pediatric capability Pads__ • Minimum combined surface area of approximately 228cm² • Approximately 1.3m extended length of lead wire • Adult, pre-galled, self-adhesive, disposable, non-polarized defibrillation pads that are identical and can be placed in any position Automated Self-Tests • Daily- battery, pads (presence and function), internal electronics, no energy charge, and software • Weekly- battery, pads (presence and function), internal electronics, partial energy charge, and software • Monthly- battery, pads (presence and function, internal electronics, full energy charge cycle, and software Page 6 of 18 Event Documentation • Internal memory with at least 60 minutes of ECG data with event annotation • PC playback capability • Serial port or USB adapter for PC with Windows • Rescue event time stamp of event data EVALUATION CRITERIA An evaluation committee will be formed and be given the responsibility to evaluate the proposals that are submitted. Please ensure that your proposal addresses the following evaluation criteria areas completely: 1. Price 2. Reputation of vendor 3. Quality of vendor goods 4. Extent to which the goods meet the district’s needs 5. Vendor’s past relationship with the district 6. Impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses 7. Total long-term cost to the district to acquire the vendor’s goods or service 8. Ability to service HCDE Cooperative Members 70/pts 5/pts 10/pts 5/pts 2.5/pts 2.5/pts 2.5/pts 2.5/pts The proposal that receives the highest evaluation score and meets HCDE specifications will be the party receiving the award recommendation. The proposal shall remain confidential information until an award decision has been made. After the award has been made, all bidders will be allowed to view bid results or request bid tabulation results. Page 7 of 18 PRICE DELIVERY INFORMATION I. Offeror must complete the open boxes using information supplied in the Description section listed above. Multiply “Qty.” X “Unit Price” for “Extension.” Item Description 1 Automated External Defibrillator as per specifications above 2 3 4 II. Automated External Defibrillator as per specifications above Automated External Defibrillator as per specifications above Discount off related items and equipment Unit of Measure Qty. Ea. 1-5 Ea. 6-10 Ea. 11-25 Ea. 1-5 Proposer: Unit Price Extension Payment Terms: Please provide your payment terms in the space below: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Page 8 of 18 Attachment a. PROPOSAL SUBMISSION FORM RFP NO. _07/037LB_________ Automated External Defibrillators for Harris County Department of Education Please Print Whereas on the _____________ day of _____________________________, 2007 (print name of company) ___________________________________________________________________________ has reviewed RFP 07/037LB and has responded in accordance with the terms and conditions therein: ______________________________________ _____________________________________ Street Address City, State, Zip Code ______________________________________ _____________________________________ Telephone Number Fax Number ______________________________________ ______________________________________ Name of Authorized Individual Signature of Authorized Individual Page 9 of 18 Attachment b. FELONY CONVICTION NOTICE State of Texas Legislative Senate Bill No. 1 Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into an agreement with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony” Subsection (b) states “a school district may terminate the agreement with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a), or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the agreement” Note: This notice is not required of a Publicly-Held Corporation I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. Vendor’s Name:______________________________________________ Authorized Company Official’s Name (Printed or Typed):_________________________ A) My firm is a publicly-held corporation; therefore the above reporting requirement does not apply Signature of Company Official:______________________________________________ B) My firm is not owned nor operated by anyone who has been convicted of a felony Signature of Company Official:______________________________________________ C) My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of individuals:_______________________________________________________ Detail of Conviction(s):____________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Page 10 of 18 Attachment c. BID CERTIFICATION SHEET In order for a bid to be evaluated and considered, the following information must be provided. As defined by Texas House Bill 602, a "nonresident bidder" means a bidder whose principal place of business is not in Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. I certify that my company is a "resident bidder": Signature:___________________________ Date:_____________________ -----------------------------------------------------------------------------------------------------------If you qualify as a "nonresident bidder," you must furnish the following information: What is your resident state? (The state your principal place of business is located) ______________________________________________________________ Address (include City, State and Zip Code) (A) Does your "residence state" require bidders whose principal place of business is in Texas to underbid bidders whose residence state is the same as yours by a prescribed amount or percentage to receive a comparable contract? "Residence State" means the state in which the principal place of business is located. Yes______ No______ (B) What is the amount or percentage? __________% I certify that the above information is correct: _______________________________________ _________________________ Typed Name Position ______________________________________ Company Name Page 11 of 18 Attachment d. NO RESPONSE FORM RFP NO. _07/037LB________ Automated External Defibrillators for Harris County Department of Education (HCDE) Please Print Whereas on the ___________ day of ____________________, 2007 (print name of company) __________________________________________________________________________ has reviewed HCDE’s solicitation No. 07/037LB, and elects not to submit a proposal: ______________________________________________ Street Address ______________________________________________ City, State, Zip Code ______________________________________________ Telephone/Fax Number ______________________________________________ Name of Authorized Individual ___________________________________________ Signature of Authorized Individual Page 12 of 18 Attachment e. References Please provide at least three (3) references (co. name, address, telephone no. and contact) that have used your automated external defibrillators in the last 3-4 years. A. ______________________________ ______________________________ ______________________________ ______________________________ B. _______________________________ _______________________________ _______________________________ _______________________________ C. ________________________________ ________________________________ ________________________________ ________________________________ Page 13 of 18 Attachment f. Minimum Insurance Requirements • The contractor shall, at all times during the term of this contract, maintain insurance coverage with not less than the type and requirements shown below. Such insurance is to be provided at the sole cost of the contractor. These requirements do not establish limits of the contractor's liability. • All policies of insurance shall waive all rights of subrogation against HCDE, its officers, employees and agents. • Upon request, certified copies of original insurance policies shall be furnished to HCDE. • HCDE reserves the right to require additional insurance should it be deemed necessary. A. Workers' Compensation (with Waiver of subrogation to HCDE) Employer's Liability, including all states, U.S. Longshoremen, Harbor Workers and other endorsements, if applicable to the Project. Statutory, and Bodily Injury by Accident: $100,000 each employee. Bodily Injury by Disease: $500,000 policy limit $100,000 each employee. HCDE shall be named as "additional insured" on workers’ compensation policy. B. Commercial General Liability Occurrence Form including, but not limited to, Premises and Operations, Products Liability Broad Form Property Damage, Contractual Liability, Personal and Advertising Injury Liability and where the exposure exists, coverage for watercraft, blasting collapse, and explosions, blowout, catering and underground damage. $300,000 each occurrence Limit Bodily Injury and Property Damage Combined $300,000 Products-Completed Operations Aggregate Limit $500,000 Per Job Aggregate $300,000 Personal and Advertising Injury Limit. HCDE shall be named as "additional insured" on commercial general liability policy. C. Automobile Liability Coverage: $300,000 Combined Liability Limits. Bodily Injury and Property Damage Combined. HCDE shall be named as "additional insured" on automobile policy. Page 14 of 18 Attachment g. Automated External Defibrillator Questionnaire (Add additional sheets if necessary) 1. How long has your company been in business providing Automated External Defibrillators? __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 2. Explain in detail the user training that will be provided. The technical support and customer support that will be made available. __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 3. What is the lead time for delivery? __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 4. Do you have 24/hr., 7/day customer service support? __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Page 15 of 18 Attachment h. Conflict of Interest Disclosure Statement HCDE is required to comply with Texas Local Government, Code 176 and Disclosure of Certain Relationships with Local Government Officers. This means any company that does business with HCDE must fill out a Conflict of Interest Questionnaire (CIQ) if the following situation exists: 1. The person has employment or other business relationship with the local government officer or a family member resulting in the officer or family member receiving taxable income. 2. Your company has given one of HCDE’s local government officers or family member one or more gifts (excluding food, logging, transportation, and entertainment) that has an aggregate value of more than $250 in the twelve month period preceding the date the officer becomes aware of an executed contract or consideration of the person for a contract to do business with the District. Statements must be filed within seven (7) business days after the officer becomes aware a conflict of interest exists. Below is a listing of current HCDE Board of Trustees (BOT): Mr. Raymond T. Garcia, President Ms. Angie Chesnut, Vice-President Mr. Michael Wolfe Mr. Roy Morales Mr. Louis Evans III Dr. Robert Peterson Mr. Carl Schwartz Dr. John Sawyer Below is a listing of current local government officers: Janell Baker Shannon Bishop Debbie Blalock Karl Boland Angela Drake Rosalind Dworkin Richard Griffin Celes Harris Sonny Janczak Deborah Johnson Michele Kronke Tammy Lanier Peggy McGrane Doug Kleiner Elaine Nichols Venetia Peacock Gayla Rawlinson Joanie Rethlake John Schaeffer Jim Schul Natasha Truitt John Weber Curtis Davis Page 16 of 18 Angela Blair Martin Jim Davis Malcolm Greer Les Hooper Nathan Jones Noemi Lopez Pam Newman Linda Pitre Alfonso Saldivar Dean Zajicek Faye Wells CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. Form CIQ OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person doing business with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4. Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Page 17 of 18 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ Page 2 5. Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. 6. Describe any other affiliation or business relationship that might cause a conflict of interest. Signature of person doing business with the governmental entity Page 18 of 18 Date
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