RFP NO. 2015-16 E-Rate Eligible Services DEADLINE DATE FOR
RFP No. 2015-16 E-Rate Eligible Service DATE: January 29, 2015 REQUEST FOR PROPOSALS BID/PROPOSAL: RFP NO. 2015-16 E-Rate Eligible Services DEADLINE DATE FOR PROPOSALS: February 26, 2015 TIME: 3 PM MST SUBMIT PROPOSAL TO: Taos Municipal Schools Technology Division 310 Camino de las Placita Taos, NM 87571 CONTACT: Jeffrey Everett, Technology Director Darla Shumate, Network Administrator SPECIAL INSTRUCTIONS: Complete Bid/RFP documents as required. Mail or hand carry your response in a sealed envelope to the Technology Division address referenced above. Your response must be received prior to the specified date and time. Late bids are not accepted. To ensure proper identification and handling, clearly indicate the Bid/Proposal Number the associated 470 number 838370001258463 and the Opening Date and Time on the outside of the sealed response envelope. -1- RFP No. 2015-16 E-Rate Eligible Service TAOS MUNICIPAL SCHOOLS TECHNOLOGY DIVISION 310 Camino de las Placita Taos, NM 87571 REQUEST FOR PROPOSALS Taos Municipal Schools (TMS) Board of Education invites you to submit a proposal to provide Network Electronics, Network Wiring for Select Locations, and Wiring Maintenance in All District Schools as defined in the following document. TABLE OF CONTENTS I. INTRODUCTION II. GENERAL INSTRUCTIONS III. SCOPE OF WORK IV. RESPONSE FORMAT V. EVALUATION CRITERIA AND PROCEDURES APPENDIX APPENDIX A: AGREEMENT TERMS AND CONDITIONS I. INTRODUCTION Intent To solicit information necessary to select Vendors to provide Network Electronics, Network Wiring for Select Locations, and Wiring Maintenance in All District Schools for E-Rate funding year 2015 and potentially four subsequent years. Contracts must be signed for E-rate eligible services on or before March 26, 2015. Proposal Categories This RFP is requesting proposals on the following service categories: Network Electronics Network Wiring for Select Locations Wiring Maintenance in All District Schools Universal Service Program Considerations for E-Rate-Eligible Products/Services The Taos Municipal Schools (TMS) Board of Education operates the Taos Municipal School District (TMSD). Via this solicitation, TMS is seeking to engage one or more firms and/or individuals [Vendor(s)] to provide information technology services per the list of categories above. The Federal Communications Commission (FCC) adopted rules on May 7, 1997 as required by the Telecommunications Act of 1996 to provide discounts for telecommunication products and services for K12 schools and libraries. The rules were incorporated into the FCC's Universal Service Order (CC Docket No. 96-45). The Order acts to ensure that eligible schools and libraries have affordable access to modern telecommunication services, internal connections and the Internet. This Universal Service discount program is also called "E-Rate" in the schools and libraries community. See -2- RFP No. 2015-16 E-Rate Eligible Service http://www.universalservice.org/sl/ for more information about the program. Under the Universal Service program, TMS’s schools are eligible for discounts on eligible services. To be eligible, schools must follow procedures established by FCC and the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC), which administers the Universal Service provisions of the Telecommunications Act of 1996. II. GENERAL INSTRUCTIONS Submit five (5) hard copies (one “original” and four copies) of your response to this Request for Proposals (RFP) in a sealed envelope, bearing the complete name and return address of the Offeror. Improper identification may result in premature opening of, or failure to consider the material. All requirements must be addressed in your proposal. Non-responsive proposals will not be considered. The Campaign Contribution Disclosure Form attached at the end of this RFP document must be completed and included in any response to this Request for Proposals. RECEIPT, WITHDRAWAL AND OPENING OF PROPOSALS The established due date is either the time and date announced for receipt of proposals or receipt of modifications to proposals, if any; or if discussions have begun, it is the time and date by which best and final offers must be submitted. Proposals may be modified or withdrawn prior to the established due date by delivering written or telegraphic notice to the Technology Division Procurement law requires sealed bids or proposals. Therefore, TMS cannot accept offers that are transmitted using facsimile equipment. This may not apply to amendments or addenda that do not refer to pricing or to the transmittal of supplemental product literature, drawings and the like. Please refer the specific situation to the contact official named above for clarification before proceeding. Proposals will not be opened publicly but will be opened in the presence of two or more TMS officials. Proposals will be time stamped upon receipt and held in a secure place until the established due date. Proposals are shown only to TMS personnel having a legitimate interest in this particular procurement action until selection of a successful Offeror is made. After award, proposals become an open public record. PROPOSAL DISCUSSIONS AND PREPARATIONS After submission of proposals and prior to award, TMS may open discussion for the purpose of obtaining best and final offers. Offeror submitting proposals may be afforded an opportunity for discussion and revision of proposals. However, TMS specifically reserves the right to award without discussions and based upon written proposals only. If TMS exercises its option to conduct discussions, the Procurement Officer will establish procedures and schedules. If there is a need for any substantial clarification of this Request for Proposal, such clarification shall be posted on the TMS Web site with this RFP. TMS may make such investigations as necessary to determine the ability of the Offeror to perform. TMS reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy TMS that the Offeror is qualified to carry out the obligations of the contract and complete the work described. All costs incurred by the Offeror, including preparation, transmittal, presentations, and interviews or for any materials involved shall be borne by the Offeror. -3- RFP No. 2015-16 E-Rate Eligible Service AWARD PROVISIONS The award shall be made to the responsible Offeror, or Offerors, whose proposal is most advantageous to TMS, taking into consideration the specified evaluation criteria and/or any other pertinent factors. TMS shall provide a written determination showing the basis for the award, which shall become a permanent part of the procurement file. TMS reserves the right to waive technical irregularities in the form of the bid or proposal of the low bidder or Offeror which do not alter the price, quality, or quantity of the services, construction or items of tangible personal property bid or offered. The contents of any proposal shall not be available to competing Offeror or any other person without a lawful interest during the negotiation process or until the contract is awarded. Upon award, unless exempted under the confidentiality provision, all proposals are open and available for public inspection. The schedule of payments will be as agreed upon during final negotiations or upon receipt of goods/services as applicable. All proposals will be considered valid for a period of 90 days unless otherwise stated by the Offeror. Once awarded, any contract issued as a result of this solicitation will be the final expression of the agreement between the parties and may not be altered, changed or amended except in writing. The contract between TMS and the successful Offeror shall be deemed to contain the terms and conditions of this request for proposal, unless expressly stated otherwise in writing. Any contract issued as a result of this solicitation shall be in effect for a period of three (3) years upon award. Contingent upon funding and mutual agreement of the parties, contract may be renewed for an additional two (2) years, one year at a time. Total term of the contract including any extensions shall be up to five (5) years. The district may consider various terms, including but not limited to a 60 month contract or a 12 month contract with four optional renewals. Regardless of which option may be chosen, note that TMS cannot legally commit funds beyond the then-current fiscal year. Although the district fully intends to enter into a contract for the entire time period selected, such documents are required to have funding out clause which states that renewals will be contingent upon mutual agreement of the parties and continued receipt of sufficient appropriations. Any outstanding orders at time of termination shall be filled by the original contractor but without unduly prolonging the RFP process. Any Offeror who is aggrieved in connection with an award or any other procurement action may protest to the Taos Municipal Schools Superintendent. The protest shall be submitted in writing within fifteen (15) calendar days after the facts or occurrences giving rise thereto. CONFIDENTIALITY Any Offeror may request non-disclosure of confidential data. Such requests must be made in writing and submitted with the proposal response. TMS will not unreasonably deny such requests and will advise the Offeror of its decision in a timely manner. However, no Offeror may request the exemption of an entire proposal nor may pricing and information concerning specifications be claimed as confidential. Other material or data, which the Offeror wishes to be considered as confidential or proprietary, shall accompany the proposal, but must be separated and readily identifiable in order to facilitate eventual public inspection of the non-confidential or nonproprietary portion of the proposal. Information such as financial statements and the like is generally returned to the Offeror before final award. STATUS OF OFFEROR Offeror, its agents and employees, must be independent contractors performing services for TMS -4- RFP No. 2015-16 E-Rate Eligible Service and not employees of the school district. The Offeror, its agents and employees shall not be entitled to annual or personal leave, retirement, insurance, or any other benefits that may accrue or be available to a TMS employee and shall not be covered by workers’ compensation insurance purchased by the district. SUBCONTRACTING All personnel engaged in the work represented by this proposal shall be fully qualified and authorized to perform such services as the contract may require. No work may be subcontracted nor may the Offeror assign any interest in this agreement without prior written consent of TMS. No assignment or transfer shall relieve the Offeror from his/her obligations and liabilities. RECORDS, STATUTES Records shall be maintained by the successful contractor as required by applicable municipal, federal or state laws, ordinances, codes, and any contract arising from this solicitation. At any time during normal business hours and as may be deemed necessary, there shall be made available to TMS for examination all of contractor’s records relevant to this or any subsequent agreement. TMS may audit, examine and/or make excerpts or transcripts from such records including but not limited to invoices, materials, and payrolls, records of personnel, conditions of employment or any other such data as may be pertinent. The proposal and any subsequent contract are to be governed by the laws and statutes of the State of New Mexico. Any provision required to be included in a contract of this type by an applicable and valid executive order, federal, state, or local law, ordinance, rule or regulation shall be deemed to be incorporated herein. WARRANTIES, INDEMNIFICATION Materials, supplies or services furnished under any contract issued as a result of this solicitation shall be covered by the most favorable commercial warranties offered to any customer for the same or substantially similar materials, supplies or services. The rights and remedies provided herein shall extend to TMS and are in addition to and do not limit any rights afforded to TMS by any other clause of this contract. Offeror agrees not to disclaim warranties of fitness for a particular purpose of merchantability. In the event that any third party shall claim the manufacture, use and/or sale of goods or services covered by a contract issued as a result of this solicitation to be an infringement of any distributorship agreement, copyright, trademark or patent, Offeror shall indemnify and/or hold TMS harmless from any cost, expense, damage, or loss incurred in any manner because of any such alleged infringement. Offeror also agrees to defend, indemnify, and hold harmless TMS and its officials, agents, and employees from and against any and all claims, actions, suits or proceedings of any kind brought against said parties as a result of any services performed by the contractor under this agreement. TERMINATION TMS may by written notice cancel contract for contractor’s default in whole or in part, at any time contractor refuses or fails to comply with the provisions of the contract, or so fails to make progress as to endanger performance and does not cure such failure within a reasonable period of time, or fails to make deliveries of the item(s) or to perform the service(s) within the time specified or any written extension thereof. In such event, TMS may purchase or otherwise secure item(s) or service(s) and, except as may be otherwise provided; contractor shall be liable to TMS for any excess costs occasioned thereby. If after notice of cancellation for default, TMS determines that the contractor was not in default or -5- RFP No. 2015-16 E-Rate Eligible Service that the failure to perform was due to causes beyond the control and without the fault or negligence of the contractor, cancellation shall be deemed for the convenience of TMS, unless TMS shall determine that the item(s) or service(s) were obtainable from other sources in sufficient time to meet requirements. TMS may by written notice stating the extent and effective date, cancel the contract for convenience, in whole or in part, at any time. TMS shall pay contractor as full compensation for performance until such cancellation (1) the unit or prorata order price for the delivered and accepted portion and (2) a reasonable amount, not otherwise recoverable from other sources by contractor as approved by TMS with respect to the undelivered or unaccepted portion of the order; provided compensation shall in no event exceed the total contract price. If TMS determines that contractor has been delayed due to causes beyond the control and without the fault and negligence of the contractor, TMS may extend the time for completion when promptly applied for in writing by the contractor. Sole remedy of contractor in event of delay by failure of TMS to perform shall be limited to any money actually and necessarily expended in the work during the period of delay, solely by reason of delay. No allowance will be made for anticipated profits. Contractor is defined as the contractor and any sub-contractors at any tier. CONFLICT OF INTEREST Offeror warrants that he/she has no interest, and shall acquire no interest, which would directly, or indirectly conflict in any manner or degree with the performance of this proposal. No person or selling agency may be employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained or utilized by Offeror for the purpose of securing business. For violation or breach of this warranty, TMS shall have the right to annul this contract without liability or, at its discretion, to deduct price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. In signing this proposal the Offeror certifies that he/she has neither directly nor indirectly entered into action in restraint of the free competitive process in connection with this solicitation. The Procurement Code, Sections 13-1-21 through 13-1-199 NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kick-backs. Due Date, Time and Place Proposals must be delivered on or before the due date and time specified. Late proposals will not be accepted. Office hours for receipt of proposals are Monday through Friday from 8:00 a.m. to 4:30 p.m., local time, excluding holidays. Please note district will be closed January 19th and all district office will be closed. Question can still be submitted to Jeffrey Everett during this time via email at [email protected]. Questions and responses will be supplied to all vendors providing email addresses prior to February 2, 2015. Questions must be submitted no later than February 2, 2015. Mailing and Delivery Address: Taos Municipal Schools Technology Division 310 Camino de las Placita Taos, NM 87571 Deadline for Submission Date: February 26, 2015 Time: 3:00PM, MST -6- RFP No. 2015-16 E-Rate Eligible Service Contact Personnel Any inquiries or request regarding this procurement should be submitted to the Technology Director and Network Administrator by e-mail at [email protected] or [email protected]. Offeror may contact ONLY the Technology Coordinator and Network Administrator regarding the procurement. Other TMS employees do not have the authority to respond on behalf of the District. Any Offeror who does not adhere to this requirement risks their proposal being deemed nonresponsive and rejected on that basis. Jeffrey Everett, Technology Coordinator and Darla Shumate, Network Administrator Taos Municipal Schools Technology Division 310 Camino de las Placita Taos, NM 87571 III. SCOPE OF WORK Taos Municipal Schools (TMS) is a school district based in Taos, NM. Taos Municipal Schools serves the areas of Taos, Arroyo Hondo, Arroyo Seco and Ranchos De Taos. The school district has a total of seven schools – one high school, one middle school, three elementary schools, one charter school and two alternative schools. It also has two administrative buildings – the Administration Building, and the Food Warehouse. The intent of this proposal is to select a contractor or contractors to provide the requested services for the district with service beginning as of April 1, 2015 or later. It is anticipated that this award will be eligible for E-Rate funding. Transition to any new service providers must be seamless to TMS with no disruption of function or service level. Offerors may propose any one or more of the services/products we seek. Service Desired: Network Electronics The district is seeking bids on the equipment listed below. The district is only seeking bids for the equipment and not installation services. While specific parts numbers are listed below the district is willing to consider other makes and models that provide the same functionality, but preference will be given to bids that include Cisco equipment. Location Taos High School Taos High School Taos High School Taos Middle School Taos Middle School Taos Middle School Taos Middle School Taos Middle School Quantity 5 5 16 5 Part Number WS-C3750X24T-E C3KX-NM-1G= GLC-SX-MM= WS-C3750X24T-E 18 GLC-SX-MM= Part Description Cisco Catalyst 3570X 24 Port Gig w/IP Services CISCO CAT3K-X 1G NTWK MOD CISCO GE SFP LC CON SX Cisco Catalyst 3570X 24 Port Gig w/IP Services CISCO GE SFP LC CON SX 2 GLC-LH-SM= CAB-STACK1 1M= CISCO GE SFP LC CON LH/LX 5 C3KX-NM-1G= CISCO CAT3K-X 1G NTWK MOD CICSO Stackwise+ Cable 1M -7- RFP No. 2015-16 E-Rate Eligible Service Rancho De Taos Rancho De Taos Rancho De Taos Rancho De Taos Enos Garcia Enos Garcia Enos Garcia Enos Garcia Arroyos Arroyos Arroyos Arroyos 4 4 13 2 3 3 6 4 3 10 2 3 WS-C3750X24T-E C3KX-NM-1G= GLC-SX-MM= GLC-LH-SM= WS-C3750X24T-E C3KX-NM-1G= GLC-SX-MM= GLC-LH-SM= WS-C3750X24T-E GLC-SX-MM= GLC-LH-SM= C3KX-NM-1G= Cisco Catalyst 3570X 24 Port Gig w/IP Services CISCO CAT3K-X 1G NTWK MOD CISCO GE SFP LC CON SX CISCO GE SFP LC CON LH/LX Cisco Catalyst 3570X 24 Port Gig w/IP Services CISCO CAT3K-X 1G NTWK MOD CISCO GE SFP LC CON SX CISCO GE SFP LC CON LH/LX Cisco Catalyst 3570X 24 Port Gig w/IP Services CISCO GE SFP LC CON SX CISCO GE SFP LC CON LH/LX CISCO CAT3K-X 1G NTWK MOD TMS expects service providers will provide an Excel version of the Item 21 Attachments in the format approved by USAC and the FCC. Bidders must ensure they provide the current approved Item 21 Attachment from USAC in an excel format that can easily be uploaded into USAC’s online system. The approved templates are available at http://www.usac.org/sl/tools/forms/471-templates.aspx. Network Wiring The district is seeking bids to upgrade the network wiring at Taos Middle School, Taos High School, and Enos Garcia to Cat6 wiring. A walk-through of each location will take place on February 9, 2015 with Darla Shumate, Network Administrator as follows: Taos Middle School 8:30 am - 10:00 am; Taos High School 10:30 am – 12:oo pm; Enos Garcia 1:30 pm – 3:00 pm. Those who wish to participate in the walk-through must check in at the school’s office for a visitor’s badge and be prompt in attendance. TMS expects service providers will provide an Excel version of the Item 21 Attachments in the format approved by USAC and the FCC. Bidders must ensure they provide the current approved Item 21 Attachment from USAC in an excel format that can easily be uploaded into USAC’s online system. The approved templates are available at http://www.usac.org/sl/tools/forms/471-templates.aspx. Wiring Maintenance TMS seeks bids for eligible basic maintenance of its copper and fiber optic cable and all components for the Local Area Network for all school buildings and the Administration Building. Note: The FCC has adopted new rules in regard to Basic Maintenance. We seek proposals that are consistent with those rules and will ensure, to the extent possible, that TMS will not be charged for maintenance services for which USAC will not provide E-rate discounts. Bids will be evaluated on this criterion. TMS expects service providers will provide an Excel version of the Item 21 Attachments in the format -8- RFP No. 2015-16 E-Rate Eligible Service approved by USAC and the FCC. Bidders must ensure they provide the current approved Item 21 Attachment from USAC in an excel format that can easily be uploaded into USAC’s online system. The approved templates are available at http://www.usac.org/sl/tools/forms/471-templates.aspx. IV. RESPONSE FORMAT Separate and label this information as Section A A. Business Profile Provide a brief description of your firm including such information as how long it has been in business, typical clientele, and the names of the owners, principal officers and number of employees. Where are your office(s) located? Please include copies of all pertinent company licenses, and business permits. Separate and label this information as Section B B. References Offeror proposals must include three (3) external client references from clients who purchase your services as offered to the district. DO NOT USE TMS AS A REFERENCE. The minimum information that must be provided for each reference is: 1. Name of individual or company where services were provided 2. Address of individual or company 3. Name of contact person, e-mail address and telephone number 4. Type of service being offered Separate and label this information as Section C C. Experience, Reliability and Service The Offeror must thoroughly describe, in the form of a narrative, its experience and success as well as the experience and success of providing reliable quality E-Rate Eligible Services described above that will meet the district’s needs. Will you subcontract any portion of this proposal? Please explain. No assignment or transfer shall relieve the Offeror from his/her obligations and liabilities. Identify your service level commitments for outages, repair times, support hours, monitoring and similar, as it exists in Taos, New Mexico. What is your internal process for trouble reporting? What happens in your organization after notification of a problem? Specify any penalties or incentives for not meeting or exceeding these commitments. Are there sufficient personnel currently employed or will this contract necessitate new hires? Discuss your current service record. Separate and label this information as Section D D. Cost Specifications The proposed costs must directly relate to the E-Rate Eligible Services listed in the Scope of Work. All pricing is to be F.O.B. destination including cost, insurance and freight. For purposes of this RFP, TMS defines F.O.B. destination as the fact that the contractor shall retain title to the product during shipping and until delivered to the final specified site/s. NOTE: Consider multiple deliveries as well as broad geographical distance in your pricing structure. Use this section to express your offer on one or more than one of the E-rate Eligible Services sought. -9- RFP No. 2015-16 E-Rate Eligible Service Provide costs for installation or any other one-time charges for any new services to be implemented and for any equipment to be purchased or that must be replaced. Definitions will be considered as standard in the trade unless otherwise specified. Discuss how your pricing is derived. Is it based on tariff or by other means? How will price increases/decreases be established? Note that TMS desires E-rate discounted billing. Clearly identify items that are eligible for E-rate and any that are not. Clearly specify pricing differences for various contractual terms such as 60 months, 36 months, 12 months with four optional 12 month renewals. If you do not choose to respond to all options, this will not disqualify your bid. Please be very specific as to your offer. In an effort to keep up with the latest technology, Offeror may request permission to add new products and services to an awarded contract, provided such products and services are within the scope of work as defined within this RFP. Such amended pricing must be mutually agreed upon by TMS and the contractor and will generally be in agreement with the original pricing structure. Separate and label this information as Section E E. Implementation and Value Add Offeror will describe project implementation to include a timeline and any TMS obligations with their delivery deadlines. Offeror may add any other value-added services that they feel may contribute to the success of providing the E-rate Eligible Services sought by the district. This response may include optional services not included elsewhere in the Offeror proposal. Separate and label this information as Section F F. Assurances Offeror will provide assurances against TMS being obligated for any undisclosed costs or any costs proposed as qualifying for erate but not allowed as eratable items. Separate and label this information as Section G G. Exceptions to Terms and Conditions Should an Offeror object to any of the District’s terms and conditions set forth in Appendix A, Contract Terms and Conditions, Offeror may propose specific alternative language. Please submit original terms and conditions with exceptions indicated in red ink. The District may or may not accept the alternative language. General references to the Offeror terms and conditions or attempts at complete substitutions not acceptable to the District will result in disqualification of the Offeror proposal. Offeror must provide a brief discussion of the purpose and impact, if any, of each proposed change. However the District reserves the right to negotiate additional provisions. Any additional terms and conditions that may be the subject of negotiation will be discussed only between the District and the selected Offeror and shall not be deemed an opportunity to amend the Offeror proposal. V. EVALUATION CRITERIA AND PROCEDURE The evaluation of proposals will be performed by an evaluation committee appointed by the Technology Coordinator. During this time, the Technology Coordinator may, at his/her option, initiate discussion with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. - 10 - RFP No. 2015-16 E-Rate Eligible Service Discussions SHALL NOT be initiated by the Offeror. 1. Selection of Finalists The Evaluation Committee will select finalists and the Technology Coordinator will notify the finalist Offerors. Only finalists will be invited to participate in the subsequent steps of the procurement. 2. Best and Final Offers From Finalists Finalist Offerors may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers. Best and final offers may be clarified and amended at the finalist Offerors oral presentation/demonstration if required. 3. Oral Presentation/Demonstration by Finalists Finalist Offerors may be required to demonstrate their systems to the Evaluation Committee. The Technology Coordinator will schedule the time for each Offeror’s presentation and demonstration. All Offeror demonstrations will be held in Taos, New Mexico at a site(s) specified by TMS at the time of selection of finalists. Any special equipment, configuration requirements, or other Offeror needs must be stated in the Offeror’s proposal. Each Offeror will be given a maximum of one (1) hour for set up, and each presentation and demonstration will be limited to two (2) hours in duration. Offerors must include in their proposals a list of all special equipment, communications facilities or other resources required for the demonstration of their proposed systems. 4. Finalize Contract The contract will be finalized with the most advantageous Offeror. In the event that mutually agreeable terms cannot be reached, the District reserves the right to begin negotiations with the next most advantageous Offeror without undertaking a new procurement process. 5. Contract Terms and Conditions The contract between the District and a contractor will follow the format specified by the District and contain the terms and conditions set forth in Appendix A, “Contract Terms and Conditions.” However, the District reserves the right to negotiate additional provisions. Any additional terms and conditions that may be the subject of negotiation will be discussed only between the District and the selected Offeror and shall not be deemed an opportunity to amend the Offeror proposal. 6. Right to Waive Minor Irregularities The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals fail to meet the same mandatory requirements. This right is at the sole discretion of the Evaluation Committee. 7. Change in Contractor Representatives The District reserves the right to require a change in contractor representatives if the assigned representatives are not, in the opinion of the District, meeting its needs adequately. 8. District Rights - 11 - RFP No. 2015-16 E-Rate Eligible Service The District reserves the right to accept all or a portion of an Offeror proposal. EVALUATION POINT SUMMARY The following is a summary of Evaluation Factors, identifying points assigned to each item. These weighed factors will be used in the evaluation of the Offeror proposals. Specifications: Compliance with Proposal Requirements Business Profile, References, Experience and Reliability Cost of E-rate-eligible products/services Implementation and Value Add Assurance Against Undiscounted Service Charges TOTAL Maximum Points: 15 25 30 20 10 100 EVALUATION FACTORS A maximum of 100 points may be awarded based upon the quality and thoroughness of the Offeror response to each evaluation factor as follows. EVALUATION PROCESS 1. All Offeror proposals will be reviewed for compliance with the response format Section III as requested within the RFP. Proposals deemed non-responsive will be eliminated from further consideration. 2. The Technology Coordinator may contact the offeror for clarification of the response to this RFP. 3. Responsive proposals will be evaluated according to the evaluation factors in Section IV that have been assigned a point value. The responsible Offeror with the highest total score will be selected as finalist Offeror based upon the proposals submitted. Finalist Offerors who are asked or who choose to submit revised proposals for the purpose of providing best and final offers will have their points recalculated accordingly. Points may be added or subtracted to the previously assigned points from oral presentations and product demonstrations. The responsible Offeror whose proposal is most advantageous to the District, taking into consideration the evaluation factors in Section IV, will be recommended for contract award to the Board of Education. Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score. - 12 - RFP No. 2015-16 E-Rate Eligible Service APPENDIX A AGREEMENT TERMS AND CONDITIONS TAOS MUNICIPAL SCHOOLS CONTRACT TERMS AND CONDITIONS CONTRACT NO. THIS AGREEMENT is made and entered into by and between the of New Mexico, hereinafter referred to as the "DISTRICT" and , hereinafter referred to as the "CONTRACTOR". IT IS MUTUALLY AGREED BETWEEN THE PARTIES: DETAILED SCOPE OF WORK: The DISTRICT wishes to acquire e-Rate Eligible Services as defined in the Statement of Work that will meet the needs of the DISTRICT for at least _______ years after final acceptance with the option to renew the contract for ____ additional 12 month terms. The CONTRACTOR shall provide services as described below: 1. The DISTRICT reserves the right to require a change in Offeror representatives if the assigned representatives are not, in the opinion of the DISTRICT, meeting its needs adequately. 2. All services offered by the CONTRACTOR under this Agreement must conform to applicable government laws, regulations, and codes as well as to acceptable industry standards and practices. This conformance includes but is not limited to all relevant State of New Mexico laws and statutes, DISTRICT Rules and Regulations and documented DISTRICT procedures which affect the purchase of computer hardware equipment. 3. CONTRACTOR warrants that it has and can provide evidence that demonstrates a viable business with sufficient assets for managing and providing E-Rate Eligible Services as defined throughout the term of this Agreement. Furthermore, the CONTRACTOR shall notify DISTRICT immediately, in writing, of any material, adverse change in CONTRACTOR’S net worth. 4. CONTRACTOR warrants that neither the CONTRACTOR nor any officer, stockholder, director or employee of the CONTRACTOR, is presently subject to any litigation or administrative proceeding before any court or administrative body which would have an adverse effect on the CONTRACTOR’S ability to perform under this Agreement, nor to the best knowledge of the CONTRACTOR is any such litigation or proceeding presently threatened against it or any of its officers, stockholders, directors or employees. If any such proceeding is initiated or threatened during the term of this Agreement, the CONTRACTOR shall immediately disclose such fact to DISTRICT. 5. TERM: This Agreement shall not be effective or binding unless approved below in writing by the Superintendent. The term of the Agreement shall be determined upon time of contract award. Furthermore, at any time during the term of the Agreement, the Agreement is subject to early termination or termination for lack of appropriations. 6. TERMINATION: Early Termination. Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by delivering to the other party notice of the intent to terminate at least thirty - 13 - RFP No. 2015-16 E-Rate Eligible Service (30) days notice to the other party, neither the DISTRICT nor the CONTRACTOR may nullify any previous obligations, if any, already incurred for performance or failure to perform prior to the date of termination. Termination may be made with or without cause. THIS PROVISION IS NOT EXCLUSIVE AND DOES NOT CONSTITUTE A WAIVER OF ANY OTHER LEGAL RIGHTS AND REMEDIES AFFORDED DISTRICT IN SUCH CIRCUMSTANCES AS THE CONTRACTOR’S DEFAULT OR BREACH OF CONTRACT. 7. Termination for Lack of Appropriations. The terms of this Agreement are contingent upon sufficient authorizations and appropriations being or having been made by the District for the performance of this Agreement. If sufficient authorizations and appropriations are not or have not been made by the District, or are discontinued, this Agreement shall terminate upon written notice being given by DISTRICT to the CONTRACTOR. The DISTRICT’S decision as to whether sufficient authorizations or appropriations are or have been made, or are or have been discontinued, shall be accepted by the CONTRACTOR and shall be final. 8. Payment of Taxes: New Mexico gross receipts taxes levied on amounts payable under this Agreement shall be paid by the CONTRACTOR. The CONTRACTOR shall agree that the responsibility for payment of all state and federal taxes assessed on the compensation received under this Agreement shall be the CONTRACTOR’S obligation and be identified under the CONTRACTOR’S federal and state identification number(s). New Mexico gross receipts taxes shall be itemized separately on the invoice and will be paid by District to the CONTRACTOR. 9. PATENT, COPYRIGHT AND TRADE SECRET INDEMNIFICATION: The CONTRACTOR shall defend, at its own expense, the DISTRICT and its employees against any claim that any product or service provided under this Agreement infringes any patent, copyright to trademark in the United States or Puerto Rico, and shall pay all costs, damages and attorneys’ fees that a court finally awards as a result of any such claim. In addition, if any third party obtains a judgment against the DISTRICT based upon CONTRACTOR’S trade secret infringement relating to any product or services provided under this Agreement, the CONTRACTOR agrees to reimburse the DISTRICT for all costs, attorneys’ fees and amount of the judgment. To qualify for such defense and or payment, the DISTRICT shall: 9.1.1 9.1.2 9.1.3 9.2 If any product or service becomes, or in the CONTRACTOR'S opinion is likely to become the subject of a claim of infringement, the CONTRACTOR shall at its option and expense: 9.2.1 9.2.2 9.2.3 9.3 give the CONTRACTOR prompt written notice within five (5) working days of any claim; allow the CONTRACTOR to control the defense of settlement of the claim; and cooperate with the CONTRACTOR in a reasonable way to facilitate the defense or settlement of the claim. provide the DISTRICT the right to continue using the product or service and fully indemnify the DISTRICT against all claims that may arise out of the District’s use of the product or service; replace or modify the product or service so that it becomes non-infringing; or, accept the return of the product or service and refund an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which are due to the CONTRACTOR. The CONTRACTOR'S obligation will be void as to any product or service modified by the DISTRICT to the extent such modification is the cause of the claim. Nothing produced, in whole or in part, by the CONTRACTOR under this Agreement shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. - 14 - RFP No. 2015-16 E-Rate Eligible Service 10. INDEMNIFICATION: CONTRACTOR shall indemnify, defend, and hold harmless the DISTRICT and its employees from and against any and all claims, demands, liability, suits, causes of action, losses, damages, fines, fees, attorneys fees, penalties, costs, expenses, injuries to property, judgments (including defense costs and attorneys fees) that occur or arise out of or in connection with: 10.1.1 CONTRACTOR’S performance or failure to perform under any provision of this Agreement; 10.1.2 CONTRACTOR’S breach of any term, condition, warranty or representation contained in this Agreement; 10.1.3 CONTRACTOR’S provision of services that are not in accordance with any applicable law, rule, regulation, or provision of this Agreement; 10.1.4 CONTRACTOR’S failure to perform in accordance with the standards contained in Paragraph 2 of this Agreement; or 10.1.5 any error, omission, fraud, embezzlement, theft or negligence of CONTRACTOR. 10.2 It is understood, however, that the CONTRACTOR’S obligations under this Paragraph 10 do not extend to liabilities resulting from causes beyond the control and without the fault or negligence of the CONTRACTOR, including acts of God, war or civil commotion, fire, earthquake, or other natural disaster, and unforeseeable acts of any federal, state, or local government or DISTRICT thereof. 11. ASSIGNMENT: The CONTRACTOR shall not assign nor transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without prior, written approval from DISTRICT. No such assignment or transfer shall relieve the CONTRACTOR from its obligations and liabilities under this Agreement. 12. SUBCONTRACTING: The CONTRACTOR may not subcontract portions of the services to be performed under this Agreement without prior, written approval of DISTRICT. No such subcontracting shall relieve the CONTRACTOR from its obligations and liabilities under this Agreement. The following listed subcontractors have been approved to provide services under the terms and conditions of this agreement: 13. CONFIDENTIALITY: Any information provided to or developed by the CONTRACTOR in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the CONTRACTOR without the prior written approval of DISTRICT except as may otherwise be required by law. 14. CONFLICT OF INTEREST: The CONTRACTOR warrants that it presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of services required under this Agreement. 15. AMENDMENTS: This Agreement shall not be altered, changed, or amended except by an instrument in writing executed by the parties hereto. No amendment shall be effective or binding unless approved by both parties. 16. EQUAL OPPORTUNITY COMPLIANCE: The CONTRACTOR agrees to abide by all federal and state laws and rules and regulations, pertaining to equal employment opportunity. In accordance with all such laws and rules and regulations, the CONTRACTOR agrees to assure that no person in the United States shall, on the grounds of race, color, national origin, sex, sexual preference, age or handicap, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or - 15 - RFP No. 2015-16 E-Rate Eligible Service activity performed under this Agreement. If CONTRACTOR is found not to be in compliance with these requirements during the life of this Agreement, CONTRACTOR agrees to take appropriate steps to correct these deficiencies. 17. APPLICABLE LAW: This Agreement shall be governed by the laws of the State of New Mexico. Notwithstanding any other provision of this Agreement, in the event of a lawsuit involving this Agreement, venue shall be proper only in a New Mexico court of competent jurisdiction. By execution of this Agreement, CONTRACTOR acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over such lawsuits. 18. RECORDS AND AUDITS: The CONTRACTOR shall maintain such detailed records as may be necessary to demonstrate its performance of the duties required by this Agreement, including the date, time and nature of services rendered. These records shall be maintained for a period of three years from the date of the final payment under this Agreement and shall be subject to inspection by the DISTRICT. The DISTRICT shall have the right to audit any billings or examine any records maintained pursuant to this Agreement both before and after payment. Payment under this Agreement shall not foreclose the right of DISTRICT to recover excessive and/or illegal payments. Note that, to the extent the costs of the E-Rate Eligible Services requested in the Request for Proposals are reimbursed in part with funds from the Schools and Libraries Universal Service Support Mechanism (commonly known as E-rate funds), the CONTRACTOR shall comply with FCC rules regarding retention of documents. 19. ENFORCEMENT OF AGREEMENT/WAIVER: A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless expressed in writing and signed by the party alleged to have granted the waiver. A waiver by a party of any of its rights shall not be effective to waive any other rights. 20. NOTIFICATIONS AND COORDINATION: Any and all products and services pertaining to this contract must be coordinated through the TMS Technology Division. Contractors, vendors and service providers shall contact the Technology Coordinator or designated POC prior to any services and/or equipment provided. Failure to comply with these notifications may result in termination of this contract. 21. NOTICE OF PENALTIES: The New Mexico Procurement Code, NMSA 1978, Sections 13-1-21 through 13-1199, as amended, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kick-backs. 22. AGREEMENT ADMINISTRATOR: The DISTRICT shall appoint a District Official as agreement administrator for this Agreement who shall be the official contact between the CONTRACTOR and the DISTRICT in all matters concerning this Agreement. All events, problems concerns or requests affecting this Agreement must be reported by the CONTRACTOR to that District Official in a timely manner. That District Official shall approve and accept all Agreement products and services prior to payment. 23. NOTICES: All deliveries, notices, requests, demands or other communications provided for or required by this Agreement shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested; when sent by overnight carrier; or upon telephone confirmation to sender of receipt of a facsimile communication which is followed by a mailed hard copy from sender. Notices shall be addressed to: - 16 - RFP No. 2015-16 E-Rate Eligible Service Technology Coordinator Technology Division 310 Camino de las Placita Taos, NM 87571 Contractor Name Signature (Person authorized to sign for contractor) Address State, Zip City, Each party may designate a different person and address by sending written notice to the other party, to be effective no later than ten (10) days after the date of the notice. 24. MERGER; SCOPE OF AGREEMENT: 23.1 The provisions of this Agreement are severable, and if for any reason, a clause, sentence or paragraph of this Agreement is determined to be invalid by a court or DISTRICT or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions of this Agreement, which can be given effect without the invalid provision. 23.2 This Agreement incorporates all the agreements, covenants and understandings between the parties concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this Agreement. No prior agreement of understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 23.3 This Agreement incorporates by reference the following Exhibits: 23.1.1 Exhibit 1: A complete copy of RFP No. 2014-15 E-Rate Eligible Services including all Appendices; 23.1.2. Exhibit 2: CONTRACTOR’S proposal submitted in response to RFP No. 2014-15 E-Rate Eligible Services, including any amendments and best and final offers; IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date approved by the Procurement Director. TAOS MUNICIPAL SCHOOLS By: Date: Name: Title: CONTRACTOR By: Date: Name: Title: - 17 - RFP No. 2015-16 E-Rate Eligible Service CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to Chapter 81, Laws of 2006, any prospective contractor seeking to enter into a contract with any state agency or local public body must file this form with that state agency or local public body. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period. THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: "Applicable public official" means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal. "Campaign Contribution" means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official's behalf for the purpose of electing the official to either statewide or local office. "Campaign Contribution" includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee. "Contract" means any agreement for the procurement of items of tangible personal property, services, professional services, or construction. "Family member" means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law. "Pendency of the procurement process" means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. "Person" means any corporation, partnership, individual, joint venture, association - 18 - or any other private legal entity. "Prospective contractor" means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract. "Representative of a prospective contractor" means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor. DISCLOSURE OF CONTRIBUTIONS: Contribution Made By: __________________________________________________________ Relation to Prospective Contractor: _______________________________________________ Name of Applicable Public Official: ________________________________________________ Date Contribution(s) Made: _____________________________________________________ Amount(s) of Contribution(s) _____________________________________________________ Nature of Contribution(s) _______________________________________________________ Purpose of Contribution(s) _______________________________________________________ (The above fields are unlimited in size) ____________________________________ Signature ____________________________ Date ____________________________________ Title (position) --ORNO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative. ____________________________________ Signature ____________________________________ Title (position) ____________________________ Date
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