19.8. Section 1 - Instructions Aug 8_ 19 to.pdf

9600 Sims Drive • El Paso, Texas 79925 • 915-434-0285

August 8, 2019

SECTION 1 – Instructions for Solicitation Submittal

(For solicitations advertised under Education, Federal and Government Code)

1. Purpose of Solicitation. The purpose of this solicitation is to secure the services of an organization or individual, hereinafter referred to as “Vendor” or “Offeror”, to provide the goods/services described herein to the Ysleta Independent School District (hereinafter “YISD” or “District”) on behalf of the

District's Board of Trustees (hereinafter the "Board"). The District reserves the right to withdraw this solicitation at any time and for any reason.

2. E-Bid Offer. E-bid is the District online bidding system which eliminates traditional paper bids and replaces them with an electronic process via the internet. E-Bid offers will be processed online, https://yisd.ionwave.net. Offerors are strongly encouraged to submit through E-Bid electronically. E-

Bid submission will be considered during evaluation. Email and facsimile proposals will not be considered.

a. E-Bid Attributes. Offeror(s) must read and/or answer all attributes in this section. Answers received by the Offeror that direct the District to view attachments and/or mailed/delivered documents for information are considered to be invalid and will not be utilized in the evaluation process. Failure to comply may be grounds for disqualification.

b. E-Bid Line Items. Offeror(s) must enter their pricing offer in the Line Items section. Pricing may not be attached and/or mailed or delivered. If done so, that pricing will be considered invalid and

Offeror may be disqualified. The only exception is when a Fee Schedule is required to be submitted.

In this case, the Fee Schedule can be submitted in the Response Attachments section.

c. E-Bid Response Attachments. Offeror(s) must upload any files that have been requested. Only upload what is being requested. Information uploaded incorrectly or any additional documents not requested are considered invalid and will not be utilized in the evaluation process. Failure to comply may be grounds for disqualification.

3. Written Offers. If Offeror’s organization insists on submitting a written offer, please download solicitation packet from the E-Bid site. The instructions listed in E-Bid Offer pertain to written offers.

Written offers must be received by the deadline notated on the E-Bid site. For hard copy submittals:

a. Provide one (1) original written offer.

b. The response must be typed, printed or written (in ink). Offers written in pencil will not be considered for an award.

c. Arrive in a sealed envelope/package plainly marked with the solicitation title and number.

d. Submit to:

Ysleta Independent School District

Purchasing Department

9600 Sims Drive

El Paso, Texas 79925 https://yisd.ionwave.net/

4. Signature Required. Solicitation acknowledgment attribute must have the Offeror's authorized representative signature, either copy, electronic, or manual for the offer to be considered. The offeror must complete the Response Submission section. Failure to sign the solicitation will disqualify the offer.

5. Representations of Offeror. By submitting its offer, Offeror represents that:

a. The offeror has read and understands this solicitation;

b. Offeror's submittal is made in accordance with this solicitation;

c. The offeror has had the opportunity to visit the site of the project and to become familiar with the conditions at the site of the project (if applicable);

d. Offeror's submittal is based upon the information set forth in this solicitation;

e. The offeror has read and understands the Solicitation Terms and Conditions (hereinafter “ST&Cs”).

6. Preparation of Offers. Submittals should be submitted electronically.

7. Limit to the Character Count Response. Each answer may not exceed 2000 characters, to include the spaces, unless otherwise noted.

8. Supplemental/Part Solicitation. If "Part" is in the title of this solicitation, and you were previously awarded, please do not provide price changes as they will not be accepted. You may provide additional catalogs for consideration.

9. Offers. The offeror may not provide cooperative pricing. The District will consider the offer non-responsive.

10. Reciprocity. The State of Texas does not employ a resident preference; however, it does employ a reciprocity rule. Proposers whose principal place of business is located in a state which gives preference to resident proposers are subject to the same restrictions when submitting a proposal with an entity of the State of Texas. The term “principal place of business” does not necessarily refer to the place of incorporation or organization of a company, or to the residence of its majority owner. It means the place where the company, whether natural or artificial, maintains offices and transacts business, i.e., where the business affairs are conducted. Concluding that "principal place of business" is referring to the place where a corporation's officers direct, control, and coordinate the corporation's activities. It should normally be the place where the corporation maintains its headquarters-provided that the headquarters is the actual center of direction, control, and coordination, i.e., the "nerve center".

11. Withdrawal of Offers. Written offers may be withdrawn at any time prior to the official time of submission by submitting a written request to the buyer/senior buyer, named on solicitation. Electronic offers may be withdrawn at any time prior to the official time of submission, electronically through the

E-Bid system, by retracting your response submission. After the official time of submission, all offers become the property of the District.

12. Modification of Offers. Before closing date/time, offers may be modified electronically through

E-Bid system. Complete copies of each iteration of the offer will be retained by the District. The

District may, in its sole and absolute discretion, allow all Offerors to correct minor errors and/or omissions in offer. If the District decides to allow Offerors to correct offers, the Offeror will be notified in writing of the error/omission which needs to be corrected and of the date by which a response must be submitted in writing. It is the intent of the District that such corrections will only be allowed when the errors and/or omissions are of a minor nature. The District, in its sole determination, reserves the right to decide whether an error/omission is minor. An Offeror may only make corrections/changes to those portions specifically identified by the District as containing the minor error/omission.

13. Negotiations. Negotiations may be conducted with highest-ranked Offeror, or an award may be made based on the results of the original offers. Negotiations may include, but are not limited to:

a. Price(s) of the items or services specified in the offer;

b. Delivery times after receipt of the order(s), or time of completion of the project; and/or

c. Determining that the Offeror has the facilities, personnel, and equipment necessary to provide the required items or services.

14. Solicitation Costs. All costs incurred by the Offeror in the preparation, printing, demonstration or negotiation of its offer shall be borne by the Offeror. This solicitation does not obligate or commit the

District to pay any costs incurred in the preparation and submission of the offer or to contract for the goods/services specified. Further, the District is not obligated to pay any costs incurred by any Offeror as a direct result of errors and/or omissions committed by District employees or agents in the preparing of this solicitation and the processing of the offer. Every reasonable effort has been made to ensure the accuracy of the information provided in this solicitation. It is incumbent upon each Offeror to verify the accuracy of the information contained herein based upon each Offeror's research and information and to immediately advise the buyer/senior buyer of any discrepancies.

15. Addenda to Solicitation. If necessary, the District may modify this solicitation by formal addendum.

It is the responsibility of each Offeror to check their emails and E-Bid system for any addendums. The

Offeror can view the addendum in the E-Bid system. No oral or informal amendment(s) to this solicitation shall be binding on the District or the Board.

16. Rejection of Solicitation Offer. The District reserves the right to accept or reject any or all offers or any part thereof, to waive all technicalities, and to accept the offer or offers that are determined to provide the best value to the District. A failure to provide any requested information may result in a rejection of an offer, in whole or in part, at the District's sole discretion. However, the District reserves the right to request additional or clarifying information from an Offeror. Such information may be used to further evaluate the offer.

17. Rejection of Solicitation Offer/Gratuities. The District may, by written notice to the Offeror, reject any offer if the District determines that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Offeror, or any agent, or representative of the Offeror, to any officer, employee, agent or member of the Board with a view toward securing a contract or securing favorable treatment with respect to the award or amendment of this solicitation.

18. Communication. Any communication regarding this solicitation/contract development, until final approval of any award, will be made to the Purchasing Department, as noted on E-Bid under “Bid

Contact Information”. Failure to adhere to this provision may result in rejection of any and all offers.

19. Last Day for Questions/Posting of Questions and Answers. Any questions/clarification of this solicitation must be submitted to buyer/senior buyer no later than date notated in the solicitation. The vendor will utilize the E-Bid system to submit a question(s). All responses to questions received prior to the deadline will be published through the E-Bid system on date notated in the solicitation.

20. District Business Hours. Review either the District’s or Purchasing Department webpage for holiday dates. During this solicitation, there may be dates the District is shutdown.

21. Late Submission. Only offers in the possession of the Purchasing Department, by the indicated day/date/time notated in the solicitation, shall be considered for an award.

22. Opening Meeting. Purchasing Department staff will read aloud the vendor names that have submitted an offer. Except for construction solicitations where, in addition, the cost will be read aloud. The content of any offer(s) will be available for review only after award, by the indicated day/time notated in the solicitation.

23. Prohibition against Contact.

a. Offerors are prohibited from approaching members of the Board, District employees, sub-contractors, agents, and representatives, or any officer of the District in an attempt to gain an advantage in the award process after this solicitation has been formally advertised to the public for solicitation of submittals. The District may, by written notification to the Offeror, reject an offer for violation of this clause.

b. No Lobbying. So that no Offeror or Offeror’s representative will obtain a competitive advantage over any other Offerors, every Offeror and Offeror’s representative, by participating in the process, agrees that Offerors and Offeror’s representatives or anyone involved in the solicitation, will not engage in any form of political or other lobbying whatsoever with respect to this solicitation or to influence the outcome of this process. In the event of any such lobbying, the District, at its sole and absolute discretion may at any time, but not be required to, reject any submittal by that Offeror without any further consideration and terminate that Offeror’s right to continue in the process. The

District may also impose such conditions on that Offeror’s continued participation in the procurement stage as the District, at its sole discretion, may consider for the public interest or otherwise appropriate. All correspondence or contact by interested parties with the District must be directly, and only with the designated Purchasing Department representative for this solicitation.

Any offer may be rejected for violation of this clause.

c. To ensure that all publicity is fair and accurate and will not inadvertently or otherwise influence the outcome, Offerors and Offeror’s representatives shall not, without first obtaining the District’s written approval: make any public announcements; communicate with the media; or otherwise, publish or release any information with the intention that it be released to the public, concerning this solicitation process or offers. Offerors shall ensure all of Offeror’s representatives and others associated with the Offeror shall comply with these requirements. In the event of any such unauthorized publicity, the District at its sole and absolute discretion, may at any time reject any solicitation submission by that Offeror without any further consideration and terminate that

Offeror’s right to continue in the process. Any offer may be rejected for violation of this clause.

24. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any

Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by YISD, Vendor certifies that during the term and after the awarded term of an award for all contracts by YISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:

a. No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, 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 connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

b. If any funds other than Federal appropriated funds have been 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 connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

c. The undersigned shall require that the language of this certification is 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. (EDGAR Compliance)

25. Evaluation Team. The District's evaluation committee shall review the offers, may request additional information, conduct interviews, request presentations with Offerors, and contact references, as the evaluation committee deems appropriate. The evaluation team's recommendation of the award will be based on best value. Any and all Offerors will coordinate and communicate solely with the Purchasing

Department.

26. Equivalent or Substitute Offers. Unless identified in the solicitation as “No Substitutes”, equivalent

/substitution offers will be accepted and considered provided they are equal to and meet all specifications of this solicitation which may include all specifications of the brand used to identify the quality of the goods and/or services requested. The District reserves the right to make the final determination of whether an equivalent /substitution offer is equal. It is the Offeror’s responsibility to provide, as part of its offer, descriptive literature and specification information on all equivalents/substitutions offered.

Requests for Substitutions: Include, as appropriate, with each request, the following information:

a. Product data, drawings, and descriptions of products, fabrication and installation procedures;

b. Samples, where applicable or requested;

c. A detailed comparison of the significant qualities of the proposed substitution with those of the work originally specified. Significant qualities may include elements such as size, weight, durability, performance and visual effect, where applicable;

d. Coordination information, including a list of changes or modifications that will become necessary to accommodate the proposed substitution;

e. Cost information;

f. References of current users should be included;

g. If the offer is not clearly identified as alternate/substitution item(s), it is understood that the offer is for items exactly as specified in the solicitation; and

h. Must be documented on attribute within the solicitation.

27. Offeror’s Corporate Standing. The District will verify with the State Comptroller’s Office to determine whether a taxable entity’s right to transact business in Texas is intact. If the field: Right to transact business in Texas, indicates “Active”, the entity’s right to transact business in Texas is intact.

No purchase orders will be made to a vendor, not “Active”. Entities that are subject to the franchise tax: partnerships (general, limited, and limited liability), corporations, limited liability companies

(LLCs), business trusts, professional associations, business associations, joint ventures, incorporated political committees, and other legal entities. TTC 171.0002 (Updated 01/03/2012).

28. Separate Contract. The District may require the selected Offeror to sign a separate, formal contract that fully incorporates all the provisions of this solicitation, either by reference or specific inclusion. If an Offeror proposes changes to any provision in the solicitation and/or attached contract or if the

Offeror desires additional provisions to be included in the final contract, document utilizing E-Bid system. The District reserves the right to modify the terms and conditions of any proposed contract during negotiations with the Offeror. Offeror’s additional provisions that require attorney review, cost incurred by the District will be passed onto the Offeror.

29. Requests for Non-Disclosure of Information. If the Offeror selected for an award has requested in writing the nondisclosure of trade secrets and other proprietary data so identified, the Purchasing

Department director or designee shall examine the request in the offer to determine its validity prior to entering negotiations. If the information so identified is determined to meet the exceptions of the Texas

Public Information Act, it will be withheld from public disclosure; however, if, after award, a written request is received requesting disclosure under the Texas Public Information Act, the information will be forwarded to the Attorney General for a decision. The District will be under no obligation to provide briefing or a position statement to the Attorney General regarding whether the information is confidential under the Act; all such responsibility will rest with the Offeror. The Attorney General decision about whether or not the information is protected by an exemption to the Public Information

Act will be final. If the parties do not agree as to the disclosure of data in the contract, the Purchasing

Department director or designee shall inform the Offeror in writing what portion of the offer will be disclosed and that, unless the Offeror withdraws the offer or protests, the submittal will be so disclosed.

Information contained in offers will not be revealed to other Offerors until after award.

30. Appeal. Any Offeror who submitted a proposal may appeal the District’s award if the appeal is based on deviations from laws, rules, regulations, or Board of Education policies. Any Offeror who is aggrieved with regard to this procurement may protest to the Purchasing Department director as per

District Board Policy – GF Local and GF Regulation, Public Complaints.

https://www.yisd.net/domain/852

31. Waiver. By submitting an offer, each proposer agrees to waive any claim it has or may have against the District and its Board, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any offer; (2) any requirements under the solicitation or related documents; (3) the rejection of any offer or any part of any offer; and/or (4) the award, if any.

32. Definition of Terms and Acronyms.

a. CD-ROM – Compact Disk, read-only memory

b. District - Ysleta Independent School District

c. E-Bid – electronic solicitation and offer

d. N/A – not applicable

e. N/R – non-responsive

f. Offer / Proposal / Statement of Qualification / Submittal – all are considered the response packet provided by individual or company

g. Offeror / Vendor / Contractor – all are considered the individual or company providing a solicitation response packet

h. Strikethrough – items stricken through are deletions of text/verbiage not applicable to this solicitation

i. YISD – Ysleta Independent School District

33. Electronic Procurement. The District is not responsible for and accepts no liability for any technical problems that result from using this web site application. The web site acts as an electronic marketplace for the District, its component and registered suppliers. The District's E-Bid application utilizes the

Internet and the World Wide Web which is comprised of systems that are completely out of the

District's control including but not limited to: the District, its agents, and registered suppliers' respective

Internet service providers. The District and its agents are not responsible for Internet outages, hardware failures, software failures, downtime, acts of God, power failures, and/or user errors. All offers must be submitted before the due date regardless of the organization's ability to submit offers online. It is the suppliers' responsibility to ensure that all documents arrive before the due date and time.

34. Tax Exemption. Unless otherwise noted, the District is exempt from all, and shall not pay or reimburse the Offeror with respect to any, local, state, and federal taxes.