HomeMy WebLinkAboutContract 59838CSC No. 59838
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between iSimulate USA
("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of
precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A — Seller's Quote, Scope of Services or Purchase Order;
3. Exhibit B — Cooperative Agency Contract Allied States Cooperative Contract # 20-7359; and
4. Exhibit C — Conflict of Interest Questionnaire
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the
terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the
provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed
Twenty-five thousand dollars ($25,000.00). Vendor shall not provide any additional items or services or bill for
expenses incurred for City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by
this Agreement unless City first approves such expenses in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City Manager
below ("Effective Date") and ending on January 31, 2024 in line with the cooperative contract. Upon the
expiration of this Term, the Agreement shall renew under the same terms and conditions for up to two (2) one-
year renewal periods, unless City or Contractor provides the other party with notice of non -renewal at least 60
days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City
may cancel the Agreement 30 calendar days after providing written notification to the Contractor
Vendor agrees that City shall, until the expiration of three (3) years after final payment under
this Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement
at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of
intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
To CITY:
ICfT�LDION
City of Fort Worth iSimulate USA
Attn: Valerie Washington, Assistant City Manager Anthony Ruggiero, Director for Sales
200 Texas Street
Fort Worth, TX 76102-6314 Address:
Facsimile: (817) 392-8654 1220 Washington Ave (ETEC Building)
Albany NY, 12226
With copy to Fort Worth City Attorney's Office at
same address Facsimile: N/A
The undersigned represents and warrants that he or she has the power and authority to execute this Agreement
and bind the respective Vendor.
CITY OF FORT WORTH:
By Valeri Washington (Jul 26, 202311:10 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
By] Ws Davis�24, 2023 15:01 CDT)
Name: James Davis
Title: Fire Chief
ATTEST:
By: (J
Name: Jannette Goodall
Title: City Secretary
VENDOR:
iSimulate USA
By.
Name: Aiffhony �giero
Title: Director for Sales
Date: 7/12/23
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By: BJul 24, 202314:06 CDT)
Name: Brenda Ray
Title: Purchasing Manager
APPROVED AS TO FORM AND LEGALITY:
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
iSimulate USA
1400 Washington Ave - ETECT Bldg. RM0142G
Albany
NY
United States 12222
BILL TO:
TX
United States
Account Name: Fort Worth Fire Department
Contact Name:Gina Nix
SHIP TO:
TX
United States
Currency:USD
Quote
Date Created: Jun 27, 2023
Valid Until: Jul 27, 2023
Quote Number: 13984
S.No. Product Details Qty List Price Total
1. REALITi - Plus (AHA) K-RPLUS 1 $ 9,495.00 $ 9,495.00
Includes:
REALITi Software with 1 Premium Screen (ZOLLX)
Simulation Hard Case
Carry Case
Simulation Lead Set (Adult)
USB Hub
Protective Controller Hard Cover
12.9" Monitor Tablet
10.2" Controller Tablet
Wi-Fi Router
Portable Battery Pack
Configuration & Set -Up
1 Year Technical Phone Support
2. Atlas ALS Simulation Manikin M-ATLAS
Atlas ALS Simulation Manikin
- Integrates with REALITi 360
-Includes CPR & Ventilation Feedback
3. Promotion
Bundle Discount
4. Product Training V-TRNG
Includes:
lhr video training session with an iSimulate Clinical Educator
Session includes initial start-up, scenario creation, basic trouble
shooting, FAQ, etc.
5. Note Note
- Allied States Cooperative ESC Region 19 contract 20-7359
Terms and Conditions
1 $ 8,640.00 $ 8,640.00
1 $-350.00 $-350.00
1 $ 295.00 $ 295.00
1 $0.00 $0.00
Sub Total $18,080.00
Tax/GST $ 0.00
Shipping $150.00
Grand Total $18,230.00
EXHIBIT B
AeAA 0'f�
Bonn
MU ■N
1ki A S C
Allied States Cooperative
20-7359
iSimulate
Supplier Response
Event Information
Number: 20-7359
Title: Technology, Hardware, Software, Services and Related Supplement-
ESC Region 19 Allied States Cooperative
Type: Request For Proposal
Issue Date: 10/31 /2019
Deadline: 12/3/2019 03:00 PM (CT)
Notes: This solicitation is a supplemental solicitation to #16-7210 (link)
and #19-7327 (link). Vendors awarded on those solicitations D
O NOT need to respond to this solicitation. The links above will
provide the current awarded vendors.
Contact Information
Contact: Becky Hernandez Procurement Director
Address: 6611 Boeing
El Paso, TX 79925
Phone: (915) 780-5021
Email: rshernandez@esc19.net
Page 1 of 10 pages Vendor: iSimulate 20-7359
iSimulate Information
Contact:
Anthony Ruggiero
Address:
43 New Scotland Ave MC#25
Albany, NY 12208
Phone:
(518) 261-1700
Email:
anthony.ruggiero@isimulate.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Anthony Ruggiero
Signature
Submitted at 1111812019 1:32:19 PM
Requested Attachments
Forms
anthony.ruggiero@isimulate.com
Email
COI questionnaire ASC Nov 2019.pdf
Must download the forms packet from the bid attachments, complete and upload the forms document.
Catalog and/or Pricelist REALITi 360 Package Pricing Sheet Nov2019.pdf
Vendor MUST upload catalog/pricelist or a website where pricing can be located. Failure to provide pricing will be grou
nds for non -award.
Bid Attributes
1 Supplemental Solicitation
This solicitation is a supplemental solicitation to #16-7210 (link) and #19-7327 (link). Vendors awarded on t
hose solicitations do NOT need to respond to this solicitation. The links above will provide the current awar
ded vendors.
I I understand I
2 Term of Contract
The initial base term of the prospective contract is a period of one (1) year with the option to extend another four (4
years annually.
I understand
3 Contract Acceptance
By checking this box, vendor hearby proposes and agrees to furnish products and/or services in strict compliance w
ith the terms, specifications, and conditions of the RFP, this contract and vendor proposal. The vendor further certifi
es that the person submitting the proposal is an officer of the company and has the authority to negotiate and contr
act for the company named below and meets/agrees with all of the terms and conditions of this Contract and RFP.
This contract is between Allied States Cooperative and the awarded vendor. Vendors and members can add an ad
ditional contract or terms and conditions to purchases as long as both parties agree.
I I accept
4 Contract Extension
This contract will automatically be extended at the discretion of Allied States Cooperative. Vendor understands noti
ce must be given to ASC if vendor does not want to extend the contract. Failure to extend contract may result in su
spension from future bidding or vendor award for up to 36 months.
I I agree I
Page 2 of 10 pages Vendor: iSimulate 20-7359
Terms and Conditions
Vendor agrees to all terms and conditions as attached and noted in the Contract and RFP. Deviations to the terms a
nd conditions must be listed on the deviations form and attached with the submittal. Listing exceptions is not an auto
matic acceptance by ASC and may be grounds for non award.
I agree I
6 1 Forms
7
Vendor agrees to review, complete and upload all required forms attached as applicable.
I agree I
Pricing
All pricing will be effective from contract award date and continue for one (1) year with the option to extend in 12 mo
nth increments depending on mutual consent by both the vendor and Region 19 Purchasing Coop Member. ESC R
egion 19 will consider for award fixed one (1) year pricing.
I agree I
8 1 Company Profile
9 Company Name
Provide official registered name.
iSimulate
1 Company Contact
U Provide name of person to contact for ordering.
Anthony Ruggiero
1 Company Address
1 Provide company address
143 New Scotland Ave MC#25
1 Contact Email Address
2 Provide email address for company contact
anthony.ruggiero@isimulate.com
1 Company Phone Number
3 Provide phone number for company contact
1 (518) 261-1700 1
1 Company Website
4 Provide company website. If no website is available, please respond n/a.
www.isimulate.com
1
5
Administrative Contact Information
Provide name, address, phone number and email address of contact for contract administration including monthly r
eporting and payment of administrative fees.
(Anthony Ruggiero 43 New Scotland Ave MC#25 Albany, NY 12208 518-261-1700 Anthony.ruggiero@isimuIate.co
m
Page 3 of 10 pages Vendor: iSimulate 20-7359
1
6
Experience
Describe vendor experience with school districts and other governmental entities.
1
7
iSimulate provides smart simulation solutions that are used by organizations across the world. We use the best of
current mobile technology to create products that are more realistic, cost effective and simpler to use than traditio
nal solutions. Train anywhere at any time with our flexible simulation systems.
References
Provide four (4) educational or related references your company has provided services to during the past 12 month
s. Information must have Agency Name, Contact person, person's title, phone number and email address. Referenc
es will be contacted for scoring and MUST respond. Failure to provide references that will respond will result in non -
award. ASC reserves the right to non award a vendor based on lack of reference responses or low scoring respons
es
1 Reference #1
8
Indian River State College, Jim Dinsch, (772) 462-7531, jdinsch@irsc.edu
1 Reference #2
9
Rogue Community College, Gary Heigel, 541-245-7967, GHeigel@roguecc.edu
2 Reference #3
0
Collin College, Jackie Langford, 972 978 3642, jangford@collin.edu
2 Reference #4
1
National Medical Education and Training Center, Brad Newbury, 508-851-0791, bnewbury@nmetc.com
2
2
2
3
2
4
Minority and Women's Business Enterprise (MWBE), Historically Underutilized Business (HUB) and
Small Business Enterprise (SBE)
ASC encourages the use of HUB, MWBE, and SBE both as prime and subcontractors. However, these entities must
meet the same minimum standards and requirements as the prime contractor. Vendor is responsible for pre-qualifyi
ng any subcontractors offered as HUB, MWBE and SBE participants. Some ASC members have specific goals for us
e of HUBs, including subcontracting requirements, and will require that a plan be submitted to meet their goals. See
TEX. GOV'T. CODE, Chapter 2161.
Minority & Women's Business Enterprise (MWBE), Historically Underutilized Business(HUB) and Small
Business (SBE)
ASC encourages the use of HUB, MWBE, and SBE both as prime and subcontractors. However, these entities must
meet the same minimum standards and requirements as the prime contractor. Vendor is responsible for pre-qualifyi
ng any subcontractors offered as HUB, MWBE and SBE participants. Some ASC members have specific goals for us
e of HUBs, including subcontracting requirements, and will require that a plan be submitted to meet their goals. See
TEX. GOV'T. CODE, Chapter 2161.
No response
Minority/Women's Business Enterprise — MWBE
If vendor is certified as a Minority/Women's Business Enterprise — MWBE, provide the entity that issued the certificat
ion as well as the percentage of vendor's business with WMBE vendors. If vendor is not certified, leave response bl
ank. Proof of certification will be required after bid award.
N/A
Page 4 of 10 pages Vendor: iSimulate 20-7359
Historically Underutilized Businesses — HUB
2
5
2
6
2
7
If vendor is certified as a Historically Underutilized Businesses — HUB, provide the entity that issued the certification
as well as the percentage of vendor's business with HUB vendors. If vendor is not certified, leave response blank. P
roof of certification will be required after bid award.
N/A
Small Business Enterprise — SBE
If vendor is certified as a Small Business Enterprise — SBE, provide the entity that issued the certification as well as t
he percentage of vendor's business with SBE vendors. If vendor is not certified, leave response blank. Proof of certi
fication will be required after bid award.
N/A
Principal Place of Business
To comply with the non-resident vendor laws detailed in TEX. GOV'T. CODE Chapter 2252, ASC must determine the
residency of its vendors. ASC may not award a contract to a nonresident bidder unless the nonresident underbids t
he lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a r
esident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in
which the nonresident's principal place of business is located. See TEX. GOV'T. CODE § 2252.003. This requireme
nt does not apply to a contract involving federal funds. "Resident bidder" is a person whose principal place of busin
ess is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of bu
siness in Texas. "Nonresident bidder" is a person who is not a resident. See TEX. GOV'T. CODE § 2252.001. Provid
e City and State of Vendor's Principal Place of Business
143 New Scotland Ave MC#25 Albany, NY 12208
2 I Vendor Questionnaire
8
2 Number of Employees
9 Provide the total number of employees working directly for the vendor
16
3 Years in Business
U Provide the number of years in business
71
3 Shipping & Handling
Pricing submitted includes all transportation charges (FOB Destination). Separate shipping and handling charges wi
II NOT be paid by ASC or ASC members.
Yes
3 Shipping
2 Does vendor charge additional fees for expediting services/shipments? Respond Yes or No. If yes, please explain a
nd provide designated contact person for expedites.
Yes, charges TBD based on specific circumstance. Contact Anthony Ruggiero
3 I Distribution Channel
3 Which best describes Vendor's position in the distribution channel:
Maufacturer Direct
Page 5 of 10 pages Vendor: iSimulate 20-7359
3 Products/Services Provided
4 Provide a brief description of the products and/or services you provide.
Simulation Training Equipment
�IPricing/Payment Information
5
3 Pricing/Payment Information
6 In addition to the typical unit pricing furnished herein, Vendor agrees to offer all future product introductions at price
s that are proportionate to the contract price(s).
Yes 1
3 Payment Terms & Conditions
7 Most ASC members have a standard N30 payment term. Provide information if vendor provides a discount for early
payment.
N ET30
3 Pricing/Payment Information - Administrative Fees
8 Pricing submitted includes the required ASC Administrative Fee and vendor agrees to remit the 2% fee monthly. In a
ddition, sales must be reported monthly via the Monthly Report Sheet sent to ascaccounting@esc19.net. Monthly R
eport Sheet must be completed in entirety and include the member purchase order number for all sales. A copy of t
he member purchase order must be included with the Monthly Report Sheet. Failure to provide monthly reporting re
gardless of sale as well as failure to provide monthly payment may be grounds for contract termination.
Yes
3 Bid Use
9 This bid will be for use by ESC Region 19 and its ESC Purchasing Cooperative members as well as any other memb
ers that join during the contract period. Will the vendor agree to service other members throughout the period of th
e contract performance? Respond Yes or No. If No, please explain.
Yes
4 Areas Served
U Indicate which states vendor is licensed and willing to service. Vendor can also indicate only certain cities, counties
or areas. By indicating an area, vendor agrees to honor pricing and product(s)/service(s) for all members located in
that area.
USA
4 Cooperatives
List any other cooperative contracts currently held by Vendor. Provide cooperative name, percent discount offered
and contract expiration date. If none, state n/a.
N/A
I Solicitation Terms and Conditions
2
4 Financial Information
3 Vendor agrees to provide financial information including but not limited to: audited financial statements (private com
pany), income statement, balance sheet and cash flow statement (public company) if requested.
I agree I
Page 6 of 10 pages Vendor: iSimulate 20-7359
4 Prohibition of Contact
4 Offerors are prohibited from approaching members of the Board, ESC employees, sub -contractors, agents, and rep
resentatives, or any officer of the ESC in an attempt to gain an advantage in the award process, after this solicitatio
n has been formally advertised to the public for solicitation of submittals. The ESC may, by written notification to the
Offeror, reject an offer for violation of this clause.
I agree I
4 Antitrust Certification Statement
5 1 affirm under penalty of perjury of the laws of the State of Texas that: I am duly authorized to execute this contract o
n my own behalf or on behalf of the company, corporation, firm, partnership or individual ("Company") listed below; I
n connection with this bid/proposal, neither I nor any representative of the Company has violated any provision of th
e Texas Free Enterprise and Antitrust Act, TEX. BUSINESS & COMMERCE CODE, Chapter 15; In connection with thi
s bid/proposal, neither I nor any representative of the Company have violated any federal antitrust law; and Neither
I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid/prop
osal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in t
he same line of business as the Company. I further affirm under penalty of perjury of the laws of the State of Texas t
hat: - The proposal submitted by the Company is genuine and is not collusive or sham; - The Company has not colt
uded, conspired, connived or agreed, directly or indirectly, with an entity or person, to put in a sham proposal or to r
efrain from bidding, and has not in any manner, directly or indirectly, sought by Contract or collusion, or communicat
ion or conference, with any person, to fix the bid price or of any other Vendor, or to fix any overhead, profit or cost e
Iement of said bid price, or of that of any other vendor, or to secure any advantage against ASC or any person inter
ested in the proposed contract; and - All statements in Company's proposal are true.
I agree I
4 Certification of Compliance Regarding Texas Family Code
6 As per Section 14.52 of the TEX. FAMILY CODE, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993), all bidders
must complete and submit with the bid the following affidavit: I, the undersigned vendor, do hereby acknowledge tha
t NO sole proprietor, partner, majority shareholder of a corporation, or an owner of 10% or more of another busines
s entity is 30 days or more delinquent in paying child support under a court order or a written repayment Contract. I
understand that under this doe, a sole proprietorship, partnership, corporation or other entity in which a sole propri
etor, partner, majority shareholder or a corporation, or an owner of 10% or more of another entity is 30 days or mor
e delinquent in paying child support under a court order or a written repayment Contract is NOT eligible to bid or re
ceive a state contract.
I agree I
4
7
Certification of Compliance Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7
CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the Ja
nuary 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the
Department of Agriculture agency with which this transaction originated. • The prospective lower tier participant certi
fies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal departm
ent or agency. • Where the prospective lower tier participant is unable to certify to any of the statements in this certif
ication, such prospective participant shall attach an explanation to this proposal.
I agree
Page 7 of 10 pages Vendor: iSimulate 20-7359
4 Grants, Subgrants, Cooperative Contracts and Contracts Exceeding $100,000 in Federal Funds
8 Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by sectio
n 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed wh
en this transaction was made or entered into. Any person who fails to file the required certification shall be subject t
o civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies
, to the best of his/her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid
or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a
ny agency, a member of Congress, an officer or employee of congress, or an employee of a member of Congress in
connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, th
e entering into a cooperative Contract, and the extension, continuation, renewal, amendment, or modification of a F
ederal contract, grant, loan, or cooperative Contract. 2. If any funds other than Federal appropriated funds have be
en paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, an officer or employee of congress, or an employee of a member of Congress in connectio
n with this Federal grant or cooperative Contract, the undersigned shall complete and submit Standard Form-LLL, "
disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the I
anguage of this certification be included in the award documents for all covered sub -awards exceeding $100,000 in
Federal funds at all appropriate tiers and that all sub -recipients shall certify and disclose accordingly. In addition 1, t
he vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Ac
t of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Exe
cutive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Cir
cular A-102, Attachment O, Paragraph 14(1) regarding reporting violations to the grantor agency and to the United
States Environment Protection Agency Assistant Administrator for the Enforcement.
I agree
4 Compliance Certification with the Davis -Bacon Wage Determination Issued by the Department of Labor
9 The Davis -Bacon Wage Determinations are wage determinations issued by the U.S. Department of Labor under the
Davis -Bacon and related acts. The Wage and Hour Division of the U.S. Department of Labor determines prevailing
wage rates to be paid on federally funded or assisted construction projects. It is the responsibility of the federal age
ncy that funds or financially assists Davis -Bacon covered construction projects to ensure that the proper Davis-Bac
on wage determination(s) is/are applied to such construction contracts(s). See 29 CFR 1.5 and 1.6 (b). I, the vendo
r, am in compliance with all applicable standards, orders or regulations issued pursuant to the programs subject to t
he Davis Bacon Act (40 U.S.C. 276a et seq.) and the Regulations of the Department of Labor, 29 CFR part 5 and T
exas Government Code section 2258.
I agree 1
5 Compliance Certification with Buy America Provisions
0 I, the vendor, am in compliance with all applicable provisions of the Buy America Act. Purchases made in accordanc
e with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
I agree 1
5 Compliance Certification with Foreign Nations
1 I, the vendor, am in compliance with all applicable provisions of Government Codes 2252 & 2270. This code require
s vendors agree to NOT boycott Israel or do business with companies that boycott Israel (this statement is exempt f
or sole proprietorship vendors, vendors that have less than 10 full time employees and contracts that are under $1
00,000 of public funds.) In addition vendor cannot do business with Iran, Sudan or a known terrorist organization. B
y submitting a response to this solicitation, vendor certifies compliance with this code. In accordance with A.R.S. 35-
391 and A.R.S. 35-393, the contractor hereby certifies that the contractor does not have scrutinized business opera
tions in Sudan and/or Iran. Vendors that would like to make an exception as listed above must do so via the contract
deviation form.
agree
Page 8 of 10 pages Vendor: iSimulate 20-7359
5 Certification of Non -Collusion
2 I, the vendor, certify under penalty of perjury that their response is in all respects bona fide, fair, and made without c
ollusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity. The vend
or agrees to comply with all Federal, state, and local laws, rules, regulations and ordinances, as applicable. It is furt
her acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as noted above, i
n the RFP, and in the Contract and has not in any manner, directly or indirectly, sought by Contract or collusion, or c
ommunication or conference, with any person, to fix the proposed price, overhead, profit or cost element of any oth
er vendor, or to secure any advantage against ASC or any person interested in the proposed contract.
I agree I
5 Contractor Employment Eligibility
3 By entering the contract, Contractor warrants compliance with the Federal immigration and Nationality Act (FINA), a
nd all other federal and state immigration laws and regulations. The Contractor further warrants that it is in complian
ce proper with the various state statutes where this contract will operate. Participating government entities including
school districts may request verification of compliance from any Contractor or subcontractor performing work under
this contract. These entities reserve the right to confirm compliance in accordance with applicable laws. Should the
participating entities suspect or find that the contractor or any of its subcontractors are not in compliance, they may
pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the cont
ract for default, and suspension and/or debarment of the contractor. All costs necessary to verify compliance are th
e responsibility of the contractor. The offeror complies and maintains compliance with the appropriate statutes which
requires compliance with federal immigration laws by State employers, State contractors and State subcontractors i
n accordance with the E-Verify Employee Eligibility Verification Program. Contractor shall comply with governing boa
rd policy of the participating entities in which work is being performed.
I agree 1
5 Compliance Certification with Fingerprinting and Background Checks
4 If required to provide services on school district property at least five (5) times during a month, contractor shall sub
mit a full set of fingerprints to the school district if requested of each person or employee who may provide such ser
vice. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement m
ay be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance wit
h the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which
fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide
services on school district properties until authorized by the District. The offeror shall comply with fingerprinting requ
irements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise
exempted.
I agree
5 Certification of Compliance with Texas House Bill 1295
5 House Bill 1295 was adopted by the Texas Legislature in 2015, adding section 2252.908 to Texas Government Cod
e. The new law states a Texas governmental entity or Texas State Entity may not enter into certain contracts with a b
usiness entity unless the business submits a disclosure of interested parties to the Texas Governmental entity or Te
xas State Agency when the entity submits the signed contract to the governmental entity or state agency. The law a
pplies only to contracts with Texas governments and entities that either (1) requires an action or vote by the governi
ng body of the entity or agency before the contract may be signed or (2) has a value of at least $1,000,0000 on an
y contracts entered into after January 1, 2016. The new HB 1295 electronic form is provided for information only. Ve
ndor may be required by each ESC Region 19 cooperative member to complete this form. Should this form be requi
red for a Region 19 only contract, it will be requested before recommendation of award. Vendor agrees to complete
form 1295 if requested by ASC or ASC membership.
I agree I
5 Litigation
6 Provide information on any past or current litigation in which Vendor is involved. If none, respond n/a.
N/A
Page 9 of 10 pages Vendor: iSimulate 20-7359
5 Exceptions to Contract or General and Solicitation Terms & Conditions
7 Vendor is requested to accept all terms and conditions as listed in this RFP. Any exceptions to the terms and conditi
ons must be noted on the exceptions form and uploaded with the vendor response. Exceptions listed in any other to
cation will not be considered. Vendor must reference the term name or number and the requested change. Change
s requested after the submittal will not be considered or accepted. Deviations or exceptions stipulated may result in
disqualification. Vendor may request an additional contract on top of the ASC contract to include additional terms an
d conditions.
I agree
5 Assignment of Contract
8 This contract cannot be assigned without prior written approval from ASC and approval of assignment documents.
I agree 1
5 Termination With Cause
9 Should a contract be terminated by ASC with cause, vendor may not respond or become awarded on a new contrac
t for 36 months.
I understand I
6 Evaluation Criteria & Bid Award
U This RFP will be evaluated on the following criteria:
Price -70 points
Reputation -30 points
Quality of Goods or Services -0 points
Meets the Needs -0 points
Past Relationship -0 points
HUB Certification -0 points
Long Term Cost -0 points
Principal Place of Business & 500+ Employed in Texas -0 Points
Other -0 points
ASC reserves the right to award vendors in the best interest of the cooperative including awarding single or multiple
vendors depending on item value and availability.
Bid Lines
1 Percent Discount from Catalog/Pricelist
Total: 0% 1
Item Notes: Vendor MUST upload catalog/pricelist or a website where pricing can be located. Failure to provide prici
ng will be grounds for non -award.
2 Percent Markup Over Vendor Cost
No Bid
Item Notes: Vendor will provide member with vendor cost to show compliance with markup.
3 Hourly Rate for Services
Item Notes: If services are not provided, please "No Bid" this line.
No Bid
Response Total: $0.00
Page 10 of 10 pages Vendor: Simulate 20-7359
Introduction & Scope of Work
NOTICE OF INTENT
It is the intent of Region 19 Education Service Center — Allied States Cooperative (ASC) to establish a
contract with vendor(s) for Technology Hardware, Software, Services and Related Items for those
procurements that must comply with the new federal EDGAR requirement when federal funds are being
utilized. Awarded vendors may pursue business in all 50 states through adopted State Statutes that allow
for inter -local agreements between State Entities and local governments. Allied States Cooperative (ASC)
is wholly administered by ESC Region 19 Texas State employees. Awarded vendor(s) shall perform
covered services under the terms of this agreement. Offers shall provide pricing based on a discount from
a price list or catalog or fixed price, or a combination of both with indefinite quantities. Specific goods and
services identified will require the awarded vendor or vendors to maintain fixed prices for a minimum of 1-
year. A price increase may be requested, however any price increase requests exceeding 15% of original
goods and services during the contract term may be required to show manufacturer price increase. If
awarded, vendor is required to provide ASC with any catalog changes or price increases. Vendor must
provide ASC with a 30 day notice. All notices must be sent on company letterhead and signed by an
authorized agent requesting a catalog update or increase. Electronic catalog and/or price lists must
accompany the proposal. Upload an electronic copy of the pricing. ESC Region 19 Allied States
Cooperative also accepts amendments to contracts for services and/or products introduced during the term
of this contract as long as the items or services can be tied to the original scope of the vendor's contract
award. If Proposer has existing cooperative contracts in place, Proposer is requested to submit pricing
equal to or better than other contracts in place.
While this contract specifically covers Technology Hardware, Software, Services and Related
Items, respondents are encouraged to submit any offering on all products or services available that
they currently perform in their normal course of business if it falls within the original scope of work.
If successful, as part of this RFP, the contractor shall be responsible for obtaining all necessary permits,
fees, and licenses as may be required by local authorities having jurisdiction. The contractor is
responsible for verifying compliance with local authorities having jurisdiction prior to commencing work.
Value Add — ASC is soliciting value added items related Technology Hardware, Software, Services and
Related Items. All products submitted for evaluation and possible award must be accompanied
by the manufacturers' most current specification sheets. Other goods and/or services may be
submitted that the proposer provides and believes are an added value to ASC members and
potential new ASC members. In the event that pricing is not known but will be required, vendor must
provide a systematic solution to how the costs of the materials would be accounted for either by mark
up over vendor's cost with proof of cost, and/or discounts from a pre -published pricing list. Failure to
include necessary information relevant to this solicitation may result in disqualification of the Vendor's
response to this RFP.
ASC Cooperative Members in Texas may access these contracts under Texas Government Code
Title 7, Intergovernmental Relations, Chapter 791, Subchapter C; similar joint powers codes in
other states such as New Mexico, Chapter 11 Intergovernmental Agreements and Authorities
Article 1 Joint Powers Authority. All other States have comparable cooperative participation on
the books, which may be downloaded at www.alliedstatescooDerative.com under membership.
SCOPE OF WORK
1.Successful vendor(s) shall have the ability to maintain its quality standards at all times during the contract
period. Potential vendors will have the ability to provide one or more services identified in the lines
portion of this solicitation including any value-added services as it pertains to Technology Hardware,
Software, Services and Related Items. All vendors are encouraged to submit proposals regardless of
whether or not they only serve a particular city, county, part of a state, multi -states, or have national
coverage. Please indicate the areas you would wish to serve in the attributes section of this solicitation.
Additionally, proposals that may require local support to facilitate their requirements should qualify their
proposals in a manner that indicates the conditions under which this agreement would be in the best
interest of ESC Region 19 members as well as the vendor. The vendor can also stipulate which
sections of the country they would wish this arrangement to be facilitated. ESC Region 19 ASC has
identified needs and requirements from its membership, however, ESC Region 19 ASC at its sole
discretion reserves the option to determine whether or not other commodities shall fall under this
contract during its due diligence and evaluation process.
Special Conditions
1. This solicitation is a supplemental solicitation to #16-7210 (link) and #19-7327 (link).
Vendors awarded on those solicitations do NOT need to respond to this solicitation. The
links above will provide the current awarded vendors.
2. This solicitation is for all software, hardware, cloud services, licensing and any and all
technology related items.
3. Vendors should respond with a discount from product price list or markup from vendor cost as well
as an hourly rate for services if applicable.
4. This solicitation is not for a specific purchase or specific items. By earning a contract, vendors will
be able to provide future products and services to any ASC members.
3/23/18
Oman
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Allied States Cooperative
INTRODUCTION, DEFINITIONS, GENERAL TERMS & CONDITIONS
Introduction to ASC
Description of ASC members
Contract(s), if any, awarded as a result of this RFP will be available for use by ASC and ASC members to access on
an "as needed" basis from a list of contracts that have been competitively procured and awarded to Vendors by ESC
19 ASC's Board of Directors through delegation and affirmation.
By using a purchasing cooperative such as ASC, eligible entities can provide legally required competition for
contracts of commonly purchased products and services, thereby saving the individual entity the cost of going through
the procurement process. Vendors benefit as well by having a multi -year contract and by saving time and expense of
going through the procurement process for each individual participating governmental entity. The specific scope of
work for each Purchase Order shall be determined in advance and in writing between the ASC member and the
Vendor and must be within the scope of work stated in this RFP.
Pursuant to TEX. GOV'T. CODE Chapter 791, the Interlocal Cooperation Act, and similar statutes of other states,
ASC and ASC members participate in an Interlocal contract to provide governmental functions and services, including
procurement services, which permits ASC members to make purchases using contracts procured by ASC. A local
government that purchases products and services under the Interlocal Cooperation Act satisfies the
requirement of the local Eovernment to seek competitive bids for the purchase of the products and services.
TEX. GOV'T. CODE § 791.025(c). These contracts also satisfy the Federal Education Department General
Administrative Regulations known as EDGAR (2 CFR-200) as a means of procurement with Federal funds.
Some federal agencies require that if a cooperative is to be used, it must be via a state agency and administered by that
agency if federal funding is involved. ASC is a division of Education Service Center Region 19 of the Texas
Education Agency (state agency). ASC is wholly administered by R19 and has no lead agency.
Financing of ASC
ASC does not charge membership fees to ASC members.
The total cost of the ASC program is funded through the ASC Administrative Fee paid to ASC by Vendors.
The ASC Fee is based on a percentage of vendor sales, less special insurance and required bonding, if applicable.
ASC will provide limited oversight in assisting both ASC members and Vendors in marketing to ASC members,
training (education), and provide, at a minimum, an annual review of each Vendor. This service will be paid for out of
the ASC Fee. ASC will not market or sell directly for Vendors.
Applicable Laws, Codes and Regulations
All procedures meet the following statutes as well as the applicable Federal Acquisitions Regulations (FAR) by
reference:
TEX. EDUC. CODE § 44.031(a)(4) ("all school district contracts for the purchase of goods and services, except
contracts for the purchase of produce or vehicle fuel, valued at $50,000 or more in the aggregate for each 12-month
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period shall be made by the method ... that provides the best value for the district[, including] an interlocal contract");
TEX. EDUC. CODE § 51.9335(a)(4) (each institution of higher education, as that term is defined by Tex. Educ. Code
§ 61.003, including each public junior college to the extent possible, "may acquire goods or services by the method
that provides the best value to the institution, including... a group purchasing program."); TEX. EDUC. CODE §
73.115(a)(4) (University of Texas at El Paso "may acquire goods or services by the method that provides the best
value to the institution, including... a group purchasing program."); TEX. EDUC. CODE § 74.008(a)(4) (University
of Texas Medical Branch at Galveston "may acquire goods or services by the method that provides the best value to
the medical branch, including ... a group purchasing program."); TEX. LOCAL GOV'T. CODE Chapter 271
(Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments); TEX.
LOCAL GOV'T. CODE Chapter 262 (Purchasing and Contracting Authority of Counties); 24 C.F.R. 85.36(b)(5)
Administrative Requirements for Grants and Cooperative Agreements to state, local, and federally recognized Indian
tribal governments ("To foster greater economy and efficiency, grantees and sub -grantees [of federal funds/grants] are
encouraged to enter into State and local intergovernmental agreements for procurement or use of common goods and
services.").
ASC Procedures
Contracts are awarded through open competition in compliance with applicable procurement rules and regulations.
ASC sends a Proposal Request to the Vendor, vendor reads about it in the newspaper, or is contacted by another
professional bid finding company on behalf of the vendor. Vendor must log in on the electronic bidding website to
view and respond to the solicitation. Emailed or faxed responses are not compliant and will not be considered.
All proposals are evaluated, however all vendors submitting proposals will be notified whether or not they are given a
contract award.
The Vendor and ASC or the ASC member agrees on a Delivery Order and/or Purchase Order referencing the ASC
contract number. No other contract forms may be used, over or in lieu of the purchase order as it will negate the
legally procured and awarded contract. Purchase Orders are reported and sent by individual ASC members to the
Vendor and to ASC, where they are logged and filed.
The Vendor delivers product(s)/service(s) directly to ASC or the ASC member and then invoices ASC or the ASC
member depending on who is directly requesting the goods and/or services.
The Vendor receives payment directly from ASC or ASC member.
The Vendor reports the administrative fee to ASC and pays the fee to ASC. Reports and fees must be completed
monthly to be in compliance with the contract award.
Definitions
In this RFP and in the Contract, the following terms shall mean as follows:
• "Allied States Cooperative (ASC)" means the Education Service Center (ESC)-Region 19, of the Texas
Education Agency (a state agency) established under the laws of the State of Texas as per Texas Education
Code Chapter 8; 6611 Boeing Drive, El Paso, Texas 79925-1010. ESC Region 19 is the sole administrator of all
contracts and is administered by employees working for the State of Texas.
"ASC member(s)" means the non-profit entities, public and private schools (including independent school
districts and charter schools), education service centers, state agencies, colleges, universities, municipalities,
counties, political subdivisions, and other governmental entities and agencies throughout the United States that
have followed local governing authority allowing them to utilize contracting vehicles procured and administered
by ASC, pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and Chapter
271, Subchapter F of the Texas Local Government Code, and similar statutes in other states.
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• "Vendor(s)" means the proposer responding to this RFP and vendor(s) to whom a contract has been awarded as a
result of this RFP by ASC. A responsible vendor is a vendor who has adequate financial resources (or the ability
to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm
regularly engaged in the type of business that provides the product(s) /service(s) listed herein.
• "Contract" means the contract terms and conditions in the Contract Terms and Conditions section, as further
defined in the Entire Agreement provision.
• "Supplemental Contract" means a separate, supplemental contract entered into between an ASC member and
Vendor to further define the level of service and/or product requirements over and above the minimum defined in
the Contract and the RFP, including, without limitation, invoice requirements, ordering requirements, on -campus
service, specialized delivery, discounted pricing, etc. An addendum to a Purchase Order and/or Job Order under
the ASC contract that may add additional scope and/or requirements agreed to by the member and the contractor
may be a Supplemental Contract.
• "Best Value" means the method by which a contract, if any, is awarded, in accordance with applicable laws,
rules, and regulations. Best Value includes multiple parameters, including experience, references, quality of the
Vendor's product(s)/service(s), and price, as detailed in the Evaluation and Award section.
• "ASC Administrative Fee or ASC Fee" means the fee paid by Vendors to ASC to fund the total cost of the ASC
program. The ASC Fee must be included in the Vendor's pricing and discounts and will not be issued as a
separate line item in any quotes, estimates, or otherwise issued to ASC members. Vendors must pay the ASC
Fee within thirty days of the completion or payment received by ASC members. If the contract has progress
payments, the Vendor is required to pay the ASC Fee in proportion to progress payments within thirty days of the
invoice date. Failure to pay the agreed upon administrative fee may be grounds for removal from award.
• "Scope of Work or SOW" is the specific work that has been agreed to be undertaken and accomplished by
Vendor for ASC or the ASC member via the Delivery Order process.
• "Purchase Order or PO" means ASC's or the ASC member's written approval for the Vendor to proceed with
the negotiated Delivery Order. Special terms and conditions agreed to by the Vendor and ASC or the ASC
member may be added as addendums to the PO, including such items as requirements concerning certificates of
insurance, bonding, and small or disadvantaged business goals. An order for a job or project under a job order
contract must be signed by ASC or the ASC member and the Vendor. TEX. GOV'T. CODE § 2267.
• "Vendor's Project General Manager (PGM)" is the senior member of the Vendor's team and will be the
ultimate interface between ASC and ASC members and Vendor.
• "Regular Hours" means the hours between 6:30 a.m. and 5:00 p.m. Monday thru Friday, excluding the
following holidays: Presidents' Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, Christmas Day, and New Year's Day. It is up to the contractor to recognize holidays in other States and
jurisdiction.
• "Procurement" means buying, purchasing, renting, leasing or otherwise acquiring any materials, services or
construction. Procurement also includes all functions that pertain to the obtaining of any materials, service, or
construction, including description of requirements, selection and solicitation of sources, preparation and
award of contract and all phases of contract administration.
• "Responsive Offeror" means a person, company, firm, corporation, partnership or other organization who
submits a proposal which conforms in all material respects to the invitation for bids or request for proposals.
• "Days" means calendar days.
• "Specifications" means any description of physical or functional characteristic, or of the nature of a
material, service or construction of item. Specifications may include a description or any requirement for
inspecting, testing or preparing a material, service or construction item for delivery.
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• "Vendor" means any provider or seller of goods and/or services that has a contractual relationship with ESC
ASC or ASC members.
• "RFP" means a Request for Proposal.
• Description of Product(s) and/or Service(s) Describe product(s) and/or service(s) the Vendor is proposing to
provide ASC and ASC members. Provide a matrix that will allow ASC to readily appraise the Vendor's products,
pricing and/or services offering versus other Vendors, if available.
• Description of Value -Added Product(s) and/or Service(s) Include any additional information Vendor believes
ASC should have when making its decision concerning contract award(s), if any. Detail any value added options
offered by Vendor; if value-added options are best described in a line item format, add value-added items to the
designated area at the end of the line item list.
Terms and Conditions
Warranty/Guarantee, Materials and Workmanship
All products purchased under this RFP shall be NEW and free from defects unless authorized rehabilitation of existing
is authorized by the member and is considered part of the contractor's standard of care or the goods and/or services do
not apply to the stated requirements. Vendor shall be responsible for all materials delivered and work performed until
completion and acceptance of the entire work by the ASC member, except for any completed unit of work which may
have been previously accepted by the ASC member. All work must be performed in a skillful and workmanlike
manner. The ASC member may, in writing, require the Vendor to remove from the worksite any employee the ASC
member deems incompetent, careless, or otherwise objectionable. If at any time during the term of this contract, a
member determines the standards and quality of the goods and services have deteriorated, the vendor has 24 hours to
respond and make whole the issue the vendor has been notified on regardless of whether it is in writing, by phone to
the account manager, or other means of communication.
Safety Plan
Vendor may be required to submit a safety plan. If requested by ASC or ASC member, vendor shall submit an
updated, detailed safety plan within 14 business days of award and prior to commencement of any work. The plan
should specifically address how the Vendor will implement the plan with subcontractors, including OSHA
compliance, environmental compliance, drug testing, trend analysis, and noncompliance corrective action; whether a
safety officer will interact with the ASC member's staff, and the management of safety and environmental issues
while working in occupied areas.
Subcontracting Plan
Contracts do not allow for subcontracting of any onsite service for goods and/or services without prior approval.
Leased employees will be considered as employees when work is performed, and all on -site workers must have gone
through complete background checks including fingerprinting if required by the ASC member.
Safe and Secure Schools Plan
It is the policy of ASC to promote safe and secure schools. Vendors must detail how they intend to comply with the
below requirements. All Vendors and subcontractors are responsible for ensuring employees on the job site are in
compliance with the following:
• No drugs, alcohol, or tobacco on ASC or ASC members' property
All ASC property and most ASC members' property and facilities are drug -free zones. No one may
use, consume, carry, transport, or exchange tobacco, cigarettes, alcohol, or illegal drugs while in or
on ASC or ASC members' property or building.
• No weapons on school grounds with the exception of normal tools used in construction.
• Convicted child and sex offenders may not work on school grounds.
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ASC Reservations
ASC reserves the right of the following:
• Cancel this solicitation in whole or in part, at the sole discretion of ASC.
• Accept, reject, or negotiate modifications in any terms of the Vendor's proposal or any parts thereof.
• Conduct oral interviews/discussions or presentations necessary to select the best value Vendor
and/or to obtain competitive pricing.
• Reject and/or disqualify any or all proposals received, to award contracts for individual products or
services as may appear advantageous, and to negotiate separately in any manner necessary to serve the
best interest of ASC and/or ASC members.
• Waive any formalities, technicalities, or other defects if deemed in the best interest of ASC and/or ASC
members; Request clarification and/or correction of Vendor(s) for the purpose of eliminating minor
errors, clerical errors, and/or non -substantive irregularities.
• Be the sole judge of quality and equality with the member.
• Award one or more contracts, in part or in whole, to a single or to multiple Vendors, in ASC sole
discretion.
• In auditing projects completed by the vendor, ASC reserves the right to make all decisions regarding
this RFP, including, without limitation the right to decide whether a proposal substantially complies
with the requirements of this RFP.
• Remove, for any reason, vendor personnel working under this contract.
Financial Responsibility
ASC assumes no financial responsibility for any costs incurred by Vendors in developing and submitting a proposal or
any amendments or addenda, participating in pre -proposal meetings, participating in any negotiation sessions or
discussions, or any other costs incurred by Vendors pursuant to this RFP.
Process
As part of any proposal the successful vendor shall be responsible for obtaining all necessary permits, fees, and
licenses as may be required by local authorities having jurisdiction. The vendor is responsible for verifying
compliance with local authorities having jurisdiction prior to commencing work. All documents prepared, along with
manufacturer's data sheets and spec sheets for equipment shall be submitted to client member for preliminary review
before commencing work or submitting documents for review and approval by authorities having jurisdiction.
Purchase Order Process
Each member will utilize a purchase order for a specific period of time. As a service contract, the awarded vendor
may be given a blanket purchase order for the estimated dollar amount to be utilized over a period pre -determined by
the member. Vendors will invoice as services have been provided and proper signatures acknowledging the serviced
was performed are received back by the vendor. A single purchase order may be generated for each site to be serviced
or one master blanket purchase order may be generated for large number of sites. The vendor agrees to accept all
forms of a purchase order and invoices must clearly reference the purchase order number and date (s) of service.
The Vendor shall perform the Scope of Work within the project completion time and for the fixed price of the
Purchase Order. Any change orders must be approved by the ASC member and added as an addendum to the purchase
order or a new purchase order generated. No work shall be performed until a written Purchase Order has been
received from the ASC member. Any work performed under a Purchase Order before the Vendor's receipt of the
written Purchase Order is at the Vendor's risk.
Purchase Order Limits
The Vendor is required to perform all work under a Purchase Order which has been issued and received before the
expiration date of this Contract. If the Purchase Order is not received by the Vendor before the expiration date of this
Contract, the Purchase Order will be considered cancelled. Any Purchase Order issued during the Term of the
Contract and not completed before the expiration date of the Contract must be completed within the project
completion time stated in the Purchase Order, and the rights and obligations of the Vendor and the ASC member with
respect to the Purchase Order will be the same as if the Purchase Order were completed during the Term of the
Contract.
When the Purchase Order has been completed, the Vendor shall notify the ASC member and have the ASC member
inspect the work for acceptance under the scope and terms in the Purchase Order. The ASC member will issue, in
writing, any corrective actions that are required. Final payment of a Purchase Order for which progress payments
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have been made will not be made until the project is totally completed (including punch list items), and the final
application for payment is approved and signed by the ASC member. The vendor should strive to have a zero punch
list policy. All bonds must be reconciled at the end of the project prior to the final invoicing to the member with no
additional administrative costs when applicable.
The Vendor may not refuse to perform any project requested by an ASC member unless such project is unlawful or
they are unqualified to perform the project as it relates to their award. In those cases they should consult with ASC
and the member about possible options.
The ASC member reserves the right to reject a Proposal or cancel a project for any reason. The ASC member also
reserves the right not to issue a Purchase Order if in its best interest. The Vendor shall not recover any costs arising
out of or related to the development of the Purchase Order, including but not limited to, the costs to review the
Proposal Request or prepare a Proposal.
Award of Contract
In accordance with applicable laws, rules, and regulations for public procurement, award(s) will be made to the
responsible Vendor(s) whose proposal(s) is/are determined after evaluation by ASC to be the best value to ASC and to
ASC members. To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all
mandatory requirements identified in this document.
Protest Procedures
In the event that a vendor wants to contest a procurement award, the vendor must contact the Procurement Director
within 7 business days of non award notice to request a review. The Director will review the award and provide the
vendor with the result. Vendor will be given the opportunity to meet with the Director to review the results. Should
the vendor not find the result acceptable, a meeting with the Associate Executive Director will be scheduled.
Meetings with the Executive Director and finally the Board of Directors (BOD) are the final 2 levels of protest. The
BOD has the final decision regarding a protest.
Competitive Range
It may be necessary for ASC to establish a competitive range of acceptable proposals as part of the evaluation process.
Proposals not in the competitive range are unacceptable and will not receive further award consideration.
Clarification and/or Discussions
ASC may request clarification from Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non -
substantive irregularities. Clarification does not give a Vendor the opportunity to revise, change, or modify its
proposal in any way except to the extent of correction of the error. Discussion between ASC and Vendor can also take
place after the initial receipt of proposals. ASC reserves the right to conduct discussions with all, some, or none of the
Vendors submitting proposals. ASC will not assist the Vendor in the revision or modification of its proposal, nor will
ASC assist the Vendor in bringing its proposal to the same level of other proposals received by ASC.
No Guarantee of Quantities
ASC makes no guarantee or commitment of any kind concerning quantities that will actually be purchased under this
RFP and the resulting contract, if any. ASC makes no guarantee or commitment of any kind regarding usage of any
contracts resulting from this RFP.
Minority and Women's Business Enterprise (MWBE), Historically Under-utilized Business (HUB) and Small
Business Enterprise (SBE) Participation
ASC encourages the use of HUB, MWBE, and SBE both as prime and subcontractors. However, these entities must
meet the same minimum standards and requirements as the prime contractor. It will be the responsibility of the prime
contractor to pre -qualify any subcontractors offered as HUB, MWBE and SBE participants. Some ASC members
have specific goals for subcontracting requirements and will require that a plan be attached to meet their goals. The
Vendor shall also indicate on their submitted proposals whether or not they are a HUB, MWBE, or SBE vendor and
with whom they are certified, e.g., State, City, Federal.
Formation of Contract (Execution of Offer)
A response to this RFP is an offer to contract with ASC based upon the terms, conditions, scope of work, and
specifications contained in this RFP. An RFP does not become a contract unless and until it is awarded by the ASC
Board of Directors or signed by their designee (ASC's Director).
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Non -Exclusive Contract
Any contract resulting from this RFP is non-exclusive and shall be awarded with the understanding and Contract that
it is for the sole convenience of ASC and ASC members. ASC and ASC members are free to have multiple contracts
for the awarded products and/or services and may initiate other procurement solicitations or procurement activity with
other suppliers at any time, at ASC's or ASC members' sole discretion.
Disqualification
A Vendor may be disqualified before or after the proposals are opened upon evidence of collusion with the intent to
defraud or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive
advantage.
Non Return of Proposals
Once submitted, ASC will not return proposals to Vendor.
Open Records Policy
ASC is a governmental body subject to the Texas Public Information Act. Proposals submitted to ASC as a result of
this RFP may be subject to release as public information after contracts are executed or the procurement is terminated.
If a Vendor believes that its response, or parts of its response, may be exempted from disclosure under Texas law, the
Vendor must specify page -by -page and line -by-line the parts of the response which it believes are exempt. In addition,
the Vendor must specify which exception(s) to the Texas Public Information Act are applicable and provide detailed
reasons to substantiate the exception(s). Vague or general claims to confidentiality will not be accepted. ASC assumes
no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Vendors.
Preferences
ASC may apply applicable preferences for Texas resident Vendors in the event of a tie bid. Preferences must be
explicitly claimed by Vendor and may not be applicable in procurements and/or contracts involving federal funds. See
TEXAS GOV'T. CODE §2252.001-.004.
Similar Products
Whenever product(s) is(are) referred by ASC in this solicitation by describing a proprietary product or by using the
name of a manufacturer or brand name, the term "or equal" if not inserted shall be implied, as applicable. The
specified product(s) shall be understood as indicating type, function, minimum standard of design, efficiency and
quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design
and efficiency, as applicable.
Marketing
ASC is not responsible for the marketing of awarded vendors. ASC will provide current and potential members with
contract award information. It is the responsibility of the awarded vendor to market the products and services
awarded to current and potential members. If requested by ASC, potential vendor will provide a marketing plan for
promoting the contract.
Contract Extension
Region 19 ASC reserves the right to extend current contracts up to 180 additional days past the awarded contract term
if needed.
Federal, State and Local Compliance
Pursuant to certain state notice provisions, the following public agencies and political subdivisions of the referenced
public agencies are eligible to register with ASC and access the Contract award made pursuant to any solicitation.
This notice is given of the forgoing request for proposals for purposes of complying with the procedural requirements
of said statutes. Lists of political subdivisions and local governments may be found at www.usa.eov. Federal
incentives may be sought, under this program, by qualifying parties under the law.
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CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity
(i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's
affiliation or business relationship that might cause a conflict of interest with the local governmental entity.
By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to potential
agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at
http://www.ethics.state.tx.us/forms/CIQ.pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have
with the City, state Contractor name in the # 1, use N/A in each of the areas on the form. However, a
signature is required in the #7 box in all cases.
CONFLICT OF INTEREST (QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, a41h Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Ghapter 176. Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176-001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a)-
By law this questionnaire must be liled with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of fads that require the stalemerrt to be
filed. Sop Section 176-006(a-1), Local Government Code.
A vendor commits an olfense if the vendor knowingly violates Section 176.006, Local Govemment Code- An
oilanse under this section is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
iSimulate
J ❑ Check th is box ifyou are filing an updale to a previously fi led q uastionnaito. (The law requires that you file an updated
c, mpleted questionnaire with the appropriate f ling auth&ity not later than the 7th business day after the date on which
you became aware that the originally f led questionnai•e was incomplete OF inaccurate.)
J Name of local govemment officerabout whom the information is being disclosed.
Name of Off cer
J Describe each employment or other business relationship with the local government officen or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local govemmertoff icer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIC as necessary.
A- Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes FX]No
B- Is the vendor receiving or I ikely to receive tax&blri income, other than investment income. from or at the d-i w-tion
of the local gay emmont officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes FX—]No
Describeeach employment or business relationship that thevendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
J
ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
J
'Rh 7/12/23
Signature of ven doing b i _s "with the gorvernmonral entity pate
Form provided by Texas Ethic:Corr- issior wrnar_ethics.stata_Ix_us Revised 111=1
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local 0overnment Code may be found at http:;,'s+wwws[ar.uies_legis_state.tx_us!
Docs; LG,'htrw LCL 176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code & 17&001f1-a): "Business relationship" means a connection between two or more parties
based on con-n--- rciai activity of one of the parties. The term does not include a connection based on:
(A) a Iran saction that is s ubject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity,
(B) a transaction conducted at a price and subject to terms available to the public, or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Gave m me nt Cade ti i T6.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to avendor if:
(2) thevendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in tha officer or family member receiving taxable
income, other than irrrestment income, that exceeds $2.500 during the 12-month period
preceding the date that the officer becomes aware that
(i) acontract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
(B) has given to the local government officer or a family mem ber of the off icer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(i i) the local gave rnmental entity is considering entering into a contract with the vendor_
Local Government Code 4176.006#a1 and fa-1]
(a) Avendor shall fide a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an emp Ioyment or other busi ness relationship with a I ocal government officer of th at local
governmental entity, or a fam ily member of the off ioer, descri bed by Section 176.003(a)(2) (A)'
(2) has given a local government officer of that focal governmental entity, or a family member of the
officer. one or more giftswith the aggregate value specified by Section 17-6.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a Ioeal government officer of that local governmental entity-
(a- I ) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity' or
(B) submits to the local governmental entity an application, response to arequest for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the ven dor has g iven one or more g ifts described by Subsection (a)' or
(C) of a family relationship with a local government officer_
Farm provided by Texas Ethics Commission www.ethics.state.Ix.us Revered 1110021